Commitment of the Borrower Clause Samples

The Commitment of the Borrower clause defines the obligations and promises that the borrower undertakes as part of a loan agreement. Typically, this includes the borrower's agreement to use the loaned funds for specified purposes, to repay the loan according to the agreed schedule, and to comply with any covenants or conditions set by the lender. For example, the borrower may be required to provide regular financial reports or maintain certain financial ratios. The core function of this clause is to clearly outline the borrower's responsibilities, ensuring both parties understand the borrower's duties and reducing the risk of misunderstandings or defaults.
Commitment of the Borrower. (1) The borrower is an enterprise (business) legal person established according to law and approved and registered by the competent department or any other organization that can act as the borrower as stipulated by the state, and it has the right to conclude and have the ability to perform this contract according to law.
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Commitment of the Borrower. 7.1 Drawing down and utilizing the borrowings in accordance with the period and purpose agreed in this Contract, and the borrowings will not be transferred to the securities market in any form; shall not be used for real estate development, purchase of real estate or other purposes prohibited or restricted by relevant laws and regulations, and shall not be used for the personal use of legal representatives, their close relatives or other related persons. 7.2 Payment of the principal amount of the loan, interest and other amounts payable in accordance with this contract. 7.3 Accepting and actively cooperating with the Lender's inspection and supervision of the use of the Borrowed Funds, including the purpose of use, by means of account analysis, voucher inspection and on-site investigation, and reporting the use of the Borrowed Funds on a regular basis in a summarized manner as required by the Lender. 7.4 Accept credit inspection by the lender and provide timely, true, accurate and complete financial information and other information reflecting the solvency of the borrower as required by the lender. Including all account opening banks, bank account numbers, deposit balances, etc., and actively assist and cooperate with the lender in the investigation, understanding and supervision of the production and operation and financial situation of the Borrower. 7.5 No dividends or bonuses in any form shall be paid in respect of principal, interest and other moneys due (including those declared to be immediately due) on borrowings and other moneys payable under this contract. 7.6 To obtain the prior written consent of the lender for any merger, demerger, capital reduction, change in equity, pledge of equity, entry into or exit from a partnership, transfer of significant assets and claims, significant foreign investment, substantial increase in debt financing, and other actions that may adversely affect the rights and interests of the lender. 7.7 Promptly notify the lender of the occurrence of one of the following events: (1) Change of name, official seal, articles of incorporation, domicile, legal representative or person in charge, and mailing address; (2) Going out of business, being dissolved, liquidated, suspended, having its business license revoked, being revoked, or filing (being filed) for bankruptcy: (3) Involved in or likely to be involved in major economic disputes, litigation, arbitration, or assets being seized, impounded or enforced, or being investigat...
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Commitment of the Borrower. 3.1 As a shareholder of the Borrower’s company, the Borrower irrevocably promises to urge the Borrower’s company to: 3.1.1 Strictly abide by the Exclusive Purchase Option Agreement to which the Borrower Company is a party and the provisions under the Amended and Restated Exclusive Consulting and Services Agreement (hereinafter referred to as the “Exclusive Consulting and Services Agreement”), and refrain from any acts/omissions that may affect the effectiveness and enforceability of the Exclusive Purchase Option Agreement and the Exclusive Consulting and Services Agreement; 3.1.2 At the request of the Lender (or its designated person), sign business cooperation contracts/agreements with the Lender (or its designated person) at any time and ensure the strict performance of such contracts/agreements; 3.1.3 At the request of the Lender, provide the Lender with all information on its operation and financial status; 3.1.4 Notify the Lender immediately of any litigation, arbitration or administrative procedures that may occur or may occur in relation to its assets, business and income; 3.1.5 At the request of the Lender, any person designated by the Lender shall be appointed as a director of the Borrower’s company. 3.2 The Borrower undertakes that during the validity period of the Contract, it shall: 3.2.1 Make the best efforts to enable the Borrower’s company to engage in the main business, and the specific business scope shall be subject to the business license; 3.2.2 Strictly abide by the provisions under this Contract, power of attorney, Amended and Restated Equity Pledge Agreement (hereinafter referred to as “Equity Pledge Agreement”) and the Exclusive Purchase Option Agreement to which it is a party, earnestly perform its obligations under this Contract, power of attorney, Equity Pledge Agreement and Exclusive Purchase Option Agreement, and refrain from any acts/omissions that may affect the effectiveness and enforceability of this Contract, power of attorney, Equity Pledge Agreement and Exclusive Purchase Option Agreement; 3.2.3 Except as provided for in the Equity Pledge Agreement, it shall not sell, transfer, mortgage or otherwise dispose of the legal or beneficial interests of the Borrower’s equity, or allow any other security interests to be set on it; 3.2.4 Urge the shareholders’ meeting and/or the board of directors of the Borrower’s company not to approve the sale, transfer, mortgage or other disposal of the legitimate or beneficial interests of th...
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Commitment of the Borrower. 8.1 The Borrower shall draw out and use loans in accordance with the period and purpose specified in this contract, and the loans shall not come into securities market, futures market in any form, and shall not be prohibited or restricted by some relative laws and regulations.
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Commitment of the Borrower. 6.1 The loan shall be withdrawn and utilized in accordance with the term and purpose agreed in this contract, and shall not be used in any form to flow into the securities market, futures market or for fixed assets, equity investment, real estate project development, purchase of stocks, bonds, wealth management products, investment account trading products, financial derivatives, asset management products, purchase of houses and repayment of home mortgages, borrowing and lending, as well as other items that are expressly prohibited by national laws and regulations. 6.2 To settle the principal of the loan, interest and other payables in accordance with the agreement of this contract.
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Commitment of the Borrower. The Borrower undertakes as follows: 2.1 Loan application is in compliance with the law: the borrower is an enterprise (business) legal person of the business established according to law and approved and registered by the competent department or other organizations that can be used as the borrower as stipulated by the state; Good credit of the borrower and its major shareholders and the actual controllers, No major adverse record, No overdue debt; the purpose of loan and repayment source are clear and legal; The borrower’s production and operation is legal and compliant, In line with the national industry, environmental protection and other relevant policies; The borrower and the major shareholders, the actual selection of persons do not involve money laundering, terrorist borrowing, tax evasion, sanctions and other routes, And the environment and production safety are in accordance with the national regulations, And has formulated the necessary measures to prevent and respond to environmental, social and governance risks, Knowing the lender’s requirements, Submit environmental, social and governance exclusion reports to the lender; The borrower, the main shareholders, the actual controller, and the senior executives of the legal representative do not illegally engage in private lending, illegal fund-raising, flood Mafia evil and other illegal financial activities; There is no other violation of laws and regulations. 2.2 The behavior of the contract is flawless: for signing the contract or perform the obligations under the contract, the borrower has signed the legal representative or competent agent of the borrower, the active or cooperation with the lender to handle the contract approval, registration or filing procedures; there are no other defects in the loan contract due to the borrower. 2.3 The validity and validity of the guarantee provided: the borrower ensures that the guarantor has signed the guarantee contract or performed its obligations under the guarantee contract; the guarantor has the right to establish the guarantee with the guarantee; the authorized signatory signs on the guarantee contract; urges the guarantee to handle actively or cooperate with the lender for the approval, trial, filing and registration of the guarantee; the guarantee has no defects in its effectiveness or any major adverse changes. 2.4 Implement the rights and obligations of the contract in good faith: make the fan loan according to the term, purpose and method agreed ...
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Commitment of the Borrower. (1) With the consent of the legal representative, senior executives, actual controllers (natural entry), major natural person shareholders, business managers and other relevant persons, the name, identity certificate information (type, number and validity period), mobile phone number, of the relevant persons have been obtained through authorization (Others) The necessary personal information shall be provided to the Lender for the investigation, examination, approval, duration management and other risk management work in the process of letter application under this Contract, for contacting your company, as well as the obligations stipulated by laws and regulations and the implementation of regulatory requirements. (2) Keep the supporting materials that the relevant person agrees to provide the personal information to the lender and provide them upon the request; assist the lender to respond to the claims and disputes of the relevant person on the protection of personal information. (3) Timely notify the lender of the change; the borrower shall bear the legal liability for the infringement of the personal information rights and interests of the relevant person due to the failure to timely or fully inform it.
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Commitment of the Borrower 
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Related to Commitment of the Borrower

  • Loan Commitment Disbursement to Borrower Except as expressly and specifically set forth herein, Lender has no obligation or other commitment to loan any funds to Borrower or otherwise make disbursements to Borrower. Borrower hereby waives any right Borrower may have to make any claim to the contrary.

  • Revolving Loan Commitment Each Lender with a Revolving Loan Commitment agrees to make loans on a revolving basis (“Revolving Loans”) from time to time until the Termination Date in such Lender’s Pro Rata Share of such aggregate amounts as the Company may request from all Lenders; provided that the Revolving Outstandings will not at any time exceed Revolving Loan Availability.

  • Revolving Line of Credit (a) The Bank hereby establishes in favor of the Borrower a revolving line of credit (the “Line of Credit”). The Borrower shall be entitled to borrow, repay and reborrow funds under the Line of Credit in accordance with the terms hereof so long as the total principal amount owed to the Bank under the Line of Credit does not exceed $25,000,000.00 (or such lesser amount as is set forth herein) during the Revolving Period. The Bank’s obligation to make advances hereunder shall terminate at the expiration of the Revolving Period. (b) The Borrower’s indebtedness under the Line of Credit shall be evidenced by a promissory note (as amended, extended or renewed from time to time, the “Line of Credit Note”) of even date herewith executed by the Borrower in favor of the Bank in the original principal amount of $25,000,000.00. The Line of Credit Note shall bear interest at the rate set forth therein and shall be payable as set forth therein. (c) The Bank shall make each advance under the Line of Credit upon written or telephonic notice from the Borrower to the Bank requesting an advance. The notice shall specify the date for which the advance is requested (which must be a Business Day) and the amount of the advance. The Bank must receive the notice prior to 12:00 noon (Eastern time) on the Business Day of the advance. Alternatively, the Borrower may request advances by drawing checks on a deposit account that is linked to the credit facility hereunder in accordance with disbursement arrangements that are mutually satisfactory to the parties. The Bank will make each requested advance available to the Borrower not later than the close of business on the Business Day of the request by crediting the Borrower’s account maintained with the Bank in the amount of the advance if as of such time: (i) the Bank’s obligation to make advances hereunder has not terminated or expired; (ii) a Default or Event of Default has not occurred; and (iii) all conditions to the advance set forth herein or in any other Loan Documents have been satisfied. The Bank may rely upon any written or telephonic notice given by any person that the Bank in good faith believes is an authorized representative of the Borrower without the necessity of any independent investigation. If any telephonic notice conflicts with a written confirmation, the telephonic notice shall govern if the Bank has acted in reliance thereon. (d) For purposes hereof, the term “Revolving Period” shall mean a period commencing on the date hereof and terminating on March 18, 2007.

  • Loan Commitment Subject to the terms and conditions of this Agreement and in reliance upon the representations and warranties of the Company herein set forth, the Lender hereby agrees to lend to the Company on the Closing Date and thereafter up to $209,900,000 in the aggregate (the "Loan") consisting of $104,950,000 of 7-year Tranche advances and $104,950,000 of 10-year Tranche advances. The Lender's commitment to make the Loan to the Company pursuant to this Section 2.1 is herein called the "Loan Commitment."

  • Disbursement of Revolving Credit and Swingline Loans Not later than 2:00 p.m. on the proposed borrowing date, (i) each Revolving Credit Lender will make available to the Administrative Agent, for the account of the Borrower, at the office of the Administrative Agent in funds immediately available to the Administrative Agent, such Revolving Credit Lender’s Revolving Credit Commitment Percentage of the Revolving Credit Loans to be made on such borrowing date and (ii) the Swingline Lender will make available to the Administrative Agent, for the account of the Borrower, at the office of the Administrative Agent in funds immediately available to the Administrative Agent, the Swingline Loans to be made on such borrowing date. The Borrower hereby irrevocably authorizes the Administrative Agent to disburse the proceeds of each borrowing requested pursuant to this Section in immediately available funds by crediting or wiring such proceeds to the deposit account of the Borrower identified in the most recent notice substantially in the form attached as Exhibit C (a “Notice of Account Designation”) delivered by the Borrower to the Administrative Agent or as may be otherwise agreed upon by the Borrower and the Administrative Agent from time to time. Subject to Section 5.7 hereof, the Administrative Agent shall not be obligated to disburse the portion of the proceeds of any Revolving Credit Loan requested pursuant to this Section to the extent that any Revolving Credit Lender has not made available to the Administrative Agent its Revolving Credit Commitment Percentage of such Loan. Revolving Credit Loans to be made for the purpose of refunding Swingline Loans shall be made by the Revolving Credit Lenders as provided in Section 2.2(b).