Documents Relating to the Borrower Clause Samples

The "Documents Relating to the Borrower" clause defines the requirement for the borrower to provide specific documents and information to the lender, typically as a condition of the loan agreement. This may include financial statements, corporate records, or evidence of authority to enter into the agreement, and such documents are often required both at the outset and periodically throughout the loan term. The core function of this clause is to ensure the lender has access to accurate and up-to-date information about the borrower's financial status and legal standing, thereby reducing risk and supporting informed lending decisions.
Documents Relating to the Borrower. Secretary’s Certificate of the Borrower certifying and attaching the following items: - Resolutions of the Board of Directors - Certificate of Formation - Limited Liability Company Agreement - Incumbency Borrower
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Documents Relating to the Borrower. Secretary’s Certificate of the Borrower certifying and attaching the following items: - Resolutions of the Board of Directors - Certificate of Formation - Limited Liability Company Agreement - Incumbency Officer’s Certificate of the Borrower certifying as to the matters set forth in Section 3.1(b), (d), (e) and (f) of the Loan and Security Agreement Officer’s Certificate as to Solvency described in Section 4.1(i) of the Loan and Security Agreement Good Standing Certificate issued by the Secretary of State of the State of Delaware with respect to ▇▇▇▇▇▇▇▇ Form UCC-1 financing statements naming the Borrower as debtor and the Collateral Agent, for the benefit of the Secured Parties, as secured party Form W-9 for Borrower Secretary’s Certificate of the Servicer certifying and attaching the following items: - Resolutions of the Board of Directors - Certificate of Incorporation - Bylaws - Incumbency Officer’s Certificate of the Servicer certifying that no Termination Event, Unmatured Termination Event, Servicer Termination Event or event that with notice or lapse of time, or both, would constitute a Servicer Termination Event has occurred Good Standing Certificate issued by the Secretary of State of the State of Michigan with respect to Servicer Form UCC-1 financing statement naming the Originator as the debtor/seller and the Borrower as the secured party/purchaser Form UCC-3 financing statement naming the Borrower as assignor and the Collateral Agent as assignee Form W-9 for Servicer
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Documents Relating to the Borrower. A. On the Closing Date, a Secretary's Certificate with the following Borrower/Dykema items attached: - Resolutions of the Board of Directors of the Borrower - Certificate of Formation of the Borrower - Limited Liability Company Agreement of the Borrower - Incumbency B. On the Closing Date, an Officer's Certificate of the Borrower Borrower/Dykema certifying the matters set forth in Section 3.1 and Section 4.1 of the Certificate Funding Agreement and the Solvency Certificate described in Section 4.1(i) of the Certificate Funding Agreement On each Funding Date, an Officer's Certificate of the Borrower Borrower/Dykema certifying the matters set forth in Section 3.1 of the Certificate Funding Agreement C. On the Closing Date, a Certificate of Formation of the Borrower Borrower/Dykema certified by the Secretary of State of Delaware D. On the Closing Date, a Good Standing Certificate issued by the Borrower/Dykema Secretary of State of the State of Delaware with respect to the Borrower E. On the Closing Date, copies of filed financing statement on Form Borrower/Dykema UCC-1 naming the Borrower as debtor and the Collateral Agent, for the benefit of the Secured Parties, as secured party
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Documents Relating to the Borrower. A. Secretary’s Certificate with the following items attached: - Resolutions of the Board of Directors of Credit Acceptance - Certificate of Formation of the Borrower - Operating Agreement of the Borrower - Incumbency Borrower/Skadden B. Certificate of Formation of the Borrower certified by the Secretary of State of Delaware Borrower/Skadden C. Good Standing Certificate issued by the Secretary of State of the State of Delaware with respect Borrower Borrower/Skadden D. UCC Search reports regarding the Borrower in Delaware Borrower/Skadden E. Officer’s Certificate of the Borrower certifying that all assumptions in the D▇▇▇▇▇’▇ bankruptcy opinion delivered at the Closing Date with respect to the Borrower remain true and correct in all material respects Borrower/Skadden F. Solvency Certificate Borrower/Skadden
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Related to Documents Relating to the Borrower

  • Amendments Relating to the Limited Guaranty Notwithstanding Sections 11.01 or 12.01: (i) the provisions of this Article XII may be amended, superseded or deleted, (ii) the Limited Guaranty or Subordinate Certificate Loss Obligation may be amended, reduced or canceled, and (iii) any other provision of this Agreement which is related or incidental to the matters described in this Article XII may be amended in any manner; in each case by written instrument executed or consented to by the Company and Residential Funding but without the consent of any Certificateholder and without the consent of the Master Servicer or the Trustee being required unless any such amendment would impose any additional obligation on, or otherwise adversely affect the interests of, the Master Servicer or the Trustee, as applicable; provided that the Company shall also obtain a letter from each nationally recognized credit rating agency that rated the Class B Certificates at the request of the Company to the effect that such amendment, reduction, deletion or cancellation will not lower the rating on the Class B Certificates below the lesser of (a) the then-current rating assigned to the Class B Certificates by such rating agency and (b) the original rating assigned to the Class B Certificates by such rating agency, unless (A) the Holder of 100% of the Class B Certificates is Residential Funding or an Affiliate of Residential Funding, or (B) such amendment, reduction, deletion or cancellation is made in accordance with Section 11.01(e) and, provided further that the Company obtains (subject to the provisions of Section 10.01(f) as if the Company was substituted for the Master Servicer solely for the purposes of such provision), in the case of a material amendment or supersession (but not a reduction, cancellation or deletion of the Limited Guaranty or the Subordinate Certificate Loss Obligation), an Opinion of Counsel (which need not be an opinion of Independent counsel) to the effect that any such amendment or supersession will not cause either (a) any federal tax to be imposed on the Trust Fund, including without limitation, any federal tax imposed on "prohibited transactions" under Section 860F(a)(1) of the Code or on "contributions after the startup date" under Section 860G(d)(1) of the Code or (b) the Trust Fund to fail to qualify as a REMIC at any time that any Certificate is outstanding. A copy of any such instrument shall be provided to the Trustee and the Master Servicer together with an Opinion of Counsel that such amendment complies with this Section 12.02. EXHIBIT L [FORM OF LIMITED GUARANTY] LIMITED GUARANTY RESIDENTIAL FUNDING MORTGAGE SECURITIES I, INC. Mortgage Pass-Through Certificates Series ________ ___________, 20____ [Trustee] Attention: Residential Funding Corporation Series ________ Ladies and Gentlemen:

  • Schedules and Documents Relating to Accounts Borrower shall deliver to Bank transaction reports and schedules of collections, as provided in Section 6.2, on Bank’s standard forms; provided, however, that Borrower’s failure to execute and deliver the same shall not affect or limit Bank’s Lien and other rights in all of Borrower’s Accounts, nor shall Bank’s failure to advance or lend against a specific Account affect or limit Bank’s Lien and other rights therein. If requested by Bank, Borrower shall furnish Bank with copies (or, at Bank’s request, originals) of all contracts, orders, invoices, and other similar documents, and all shipping instructions, delivery receipts, bills of lading, and other evidence of delivery, for any goods the sale or disposition of which gave rise to such Accounts. In addition, Borrower shall deliver to Bank, on its request, the originals of all instruments, chattel paper, security agreements, guarantees and other documents and property evidencing or securing any Accounts, in the same form as received, with all necessary indorsements, and copies of all credit memos.

  • Other Matters Relating to the Servicer Section 8.01. Liability of the Servicer.................................................................62 Section 8.02. Merger or Consolidation of, or Assumption of the Obligations of, the Servicer..........................................................................62 Section 8.03. Limitation on Liability of the Servicer and Others........................................62 Section 8.04. Servicer Indemnification of the Trust and the Trustee.....................................63 Section 8.05. The Servicer Not To Resign................................................................63 Section 8.06. Access to Certain Documentation and Information Regarding the Receivables...........................................................................64 TABLE OF CONTENTS (CONTINUED) PAGE

  • Obligations relating to Change in Ownership 5.3.1 The Concessionaire shall not undertake or permit any Change in Ownership, except with the prior approval of the Authority. 5.3.2 Notwithstanding anything to the contrary contained in this Agreement and the RFP, the Concessionaire agrees and acknowledges that: (i) all acquisitions of Equity by an acquirer, either by himself or with any person acting in concert, directly or indirectly, including by transfer of the direct or indirect legal or beneficial ownership or control of any Equity, in aggregate of not less than 15% (fifteen per cent) of the total Equity of the Concessionaire; or (ii) acquisition of any control directly or indirectly of the Board of Directors of the Concessionaire by any person either by himself or together with any person or persons acting in concert with him shall constitute a Change in Ownership requiring prior approval of the Authority from national security and public interest perspective, the decision of the Authority in this behalf being final, conclusive and binding on the Concessionaire, and undertakes that it shall not give effect to any such acquisition of Equity or control of the Board of Directors of the Concessionaire without such prior approval of the Authority. For the avoidance of doubt, it is expressly agreed that approval of the Authority hereunder shall be limited to national security and public interest perspective, and the Authority shall endeavour to convey its decision thereon expeditiously. It is also agreed that the Authority shall not be liable in any manner on account of grant or otherwise of such approval and that such approval or denial thereof shall not in any manner absolve the Concessionaire from any liability or obligation under this Agreement. For the purposes of this Clause 5.3.2: (a) the expression “acquirer”, “control” and “person acting in concert” shall have the meaning ascribed thereto in the Securities and Exchange Board of India (Substantial Acquisition of Shares and Takeover) Regulations, 1997 or any statutory re-enactment thereof as in force as on the date of acquisition of Equity, or the control of the Board of Directors, as the case may be, of the Concessionaire; (b) the indirect transfer or control of legal or beneficial ownership of Equity shall mean transfer of the direct or indirect beneficial ownership or control of any company or companies whether in India or abroad which results in the acquirer acquiring control over the shares or voting rights of shares of the Concessionaire; and (c) power to appoint, whether by contract or by virtue of control or acquisition of shares of any company holding directly or through one or more companies (whether situate in India or abroad) the Equity of the Concessionaire, not less than half of the directors on the Board of Directors of the Concessionaire or of any company, directly or indirectly whether situate in India or abroad, having ultimate control of not less than 15% (fifteen per cent) of the Equity of the Concessionaire shall constitute acquisition of control, directly or indirectly, of the Board of Directors of the Concessionaire.

  • Information Relating to the Portfolios (a) No person is authorized to make any representations concerning shares of a Portfolio other than those contained in the Portfolio's Prospectus. In buying Portfolio shares from us under this Agreement, you will rely only on the representations contained in the Prospectus. Upon your request, we will furnish you with a reasonable number of copies of the Portfolios' current prospectuses or statements of additional information or both (including any stickers thereto).