Advancing Delayed Draw Term Loans Sample Clauses

Advancing Delayed Draw Term Loans. (A) Borrowers shall deliver to Administrative Agent a Notice of Borrowing with respect to each proposed Delayed Draw Term Borrowing, such Notice of Borrowing to be delivered no later than 11:00 A.M. (New York City time) five (5) Business Days prior to the date of such proposed borrowing. Any such notice shall specify which Delayed Draw Term Commitment will be utilized for such Delayed Draw Term Borrowing. Once given, a Notice of Borrowing shall be irrevocable and Borrowers shall be bound thereby. Notwithstanding anything to the contrary contained in the foregoing clause (i), the Borrowers shall not request more than (x) six (6) Delayed Draw Term Loans with an individual principal amount of less than $1,000,000 in any Fiscal Year and (y) fifteen (15) Delayed Draw Term Loans with an individual principal amount of more than $1,000,000 and less than $5,000,000 in any Fiscal Year.
Sample 1
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Advancing Delayed Draw Term Loans. Borrower Representative shall deliver to Agent an irrevocable Notice of Borrowing with respect to each proposed Delayed Draw Term Loan Borrowing, such Notice of Borrowing to be delivered no later than 12:00 P.M. (Eastern time) ten (10) Business Days prior to the date of such proposed borrowing, which notice, if received by Agent on a day that is not a Business Day or after 12:00 P.M. (Eastern time) on a Business Day, shall be deemed to have been delivered on the next Business Day. On the date of any borrowing pursuant to the terms of this Section 2.1(f), following the satisfaction of the conditions set forth in Section 7.2 hereof, each applicable Lender shall remit to the Agent by 2:00 p.m. (New York City time) its share of the aggregate amount of the Delayed Draw Term Loans requested by the Borrower in the applicable Notice of Borrowing for further distribution by the Agent pursuant to the Funds Flow Direction Letter related thereto.
Sample 1

Related to Advancing Delayed Draw Term Loans

  • Term The term of this Agreement will be ten (10) years from the Effective Date (as such term may be extended pursuant to Section 4.2, the “Term”).

  • Termination This Agreement may be terminated at any time prior to the Closing:

  • WHEREAS the Company desires the Warrant Agent to act on behalf of the Company, and the Warrant Agent is willing to so act, in connection with the issuance, registration, transfer, exchange, redemption and exercise of the Warrants; and

  • Force Majeure If by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement then such party shall give notice and full particulars of Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon, and the obligation of the party giving such notice, so far as it is affected by such Force Majeure, shall be suspended during the continuance of the inability then claimed, except as hereinafter provided, but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch. Choice of Law The Agreement between the Vendor and TIPS/ESC Region 8 and any addenda or other additions resulting from this procurement process, however described, shall be governed by, construed and enforced in accordance with the laws of the State of Texas, regardless of any conflict of laws principles. Venue, Jurisdiction and Service of Process Any Proceeding arising out of or relating to this procurement process or any contract issued by TIPS resulting from or any contemplated transaction shall be brought in a court of competent jurisdiction in Camp County, Texas and each of the parties irrevocably submits to the exclusive jurisdiction of said court in any such proceeding, waives any objection it may now or hereafter have to venue or to convenience of forum, agrees that all claims in respect of the Proceeding shall be heard and determined only in any such court, and agrees not to bring any proceeding arising out of or relating to this procurement process or any contract resulting from or any contemplated transaction in any other court. The parties agree that either or both of them may file a copy of this paragraph with any court as written evidence of the knowing, voluntary and freely bargained for agreement between the parties irrevocably to waive any objections to venue or to convenience of forum. Process in any Proceeding referred to in the first sentence of this Section may be served on any party anywhere in the world. Venue for any dispute resolution process, other than litigation, between TIPS and the Vendor shall be located in Camp or Xxxxx County, Texas.

  • Miscellaneous The Vendor acknowledges and agrees that continued participation in TIPS is subject to TIPS sole discretion and that any Vendor may be removed from the participation in the Program at any time with or without cause. Nothing in the Agreement or in any other communication between TIPS and the Vendor may be construed as a guarantee that TIPS or TIPS Members will submit any orders at any time. TIPS reserves the right to request additional proposals for items or services already on Agreement at any time.

  • Waiver The waiver by any party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any other or subsequent breach.

  • Definitions As used in this Agreement:

  • Confidentiality (a) Subject to Section 7.15(c), during the Term and for a period of three

  • Assignment This Agreement and all rights and obligations hereunder may not be assigned without the written consent of the other party.

  • Entire Agreement This DPA and the Service Agreement constitute the entire agreement of the Parties relating to the subject matter hereof and supersedes all prior communications, representations, or agreements, oral or written, by the Parties relating thereto. This DPA may be amended and the observance of any provision of this DPA may be waived (either generally or in any particular instance and either retroactively or prospectively) only with the signed written consent of both Parties. Neither failure nor delay on the part of any Party in exercising any right, power, or privilege hereunder shall operate as a waiver of such right, nor shall any single or partial exercise of any such right, power, or privilege preclude any further exercise thereof or the exercise of any other right, power, or privilege.

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