Agreement to Make Loans. Subject to the terms and conditions set forth herein, each Lender (severally, not jointly or jointly and severally) agrees to make Loans to the Borrower on the Effective Date in an amount equal to the amount specified opposite such Lender’s name on Schedule 1.01(b) and, in the case of any Assuming Lender or Increasing Lender, on any Term Loan Increase Date in an amount equal to the amount specified opposite such Lender’s name on Schedule 1.01(b) (as amended pursuant to Section 2.06). Amounts prepaid or repaid in respect of any Loans may not be reborrowed. The failure of any Lender to make any Loan required to be made by it shall not relieve any other Lender of its obligations hereunder; provided that no Lender shall be responsible for any other Lender’s failure to make Loans as required.
Agreement to Make Loans. Subject to the terms and conditions set forth herein, each Lender agrees to make Loans to the Borrower on the Effective Date in an amount equal to the amount specified opposite such Lender’s name on Schedule 1.01(b) and, in the case of any Assuming Lender or Increasing Lender, on any Term Loan Increase Date in an amount equal to the amount specified opposite such Lender’s name on Schedule 1.01(b) (as amended pursuant to Section 2.06). Amounts prepaid or repaid in respect of any Loans may not be reborrowed.
Agreement to Make Loans. Subject to the terms and conditions hereof, and provided no Default (as defined in Section 8), or event which with the passing of time or giving of notice or both would constitute a Default, has occurred and is continuing, Lender agrees to advance to Borrower, on the date hereof the amount of four million, fifty thousand ($4,050,000.00) U.S. Dollars, and, upon five (5) days written notice, from time to time hereafter until close of business on the Cut-Off Date to make such additional advances in such amounts as Borrower may request, but limited in all events in the aggregate to the Maximum Loan Commitment amount stated in the Loan Schedule. (Each day on which a loan is made is hereinafter referred to as a "Funding Date", each advance a "Loan Funding".) Lender shall not be required or obligated to make any Loan Funding if such Loan Funding, when added to all previous Loan Fundings, would cause Lender to advance to Borrower any sum in excess of the Maximum Loan Commitment set forth in the Loan Schedule. Lender shall have no obligation to make any Loan Funding to any person or entity other than Borrower, and shall have no obligation to make any Loan Funding to Borrower if control of Borrower shall change in any material respect.
Agreement to Make Loans. Subject to the terms and conditions of this Agreement and in reliance upon the representations and warranties of Company set forth herein, each Lender severally agrees, subject to the limitations set forth below with respect to the maximum amount of Loans to lend to Company from time to time during the period from the Closing Date to but excluding the Commitment Termination Date an aggregate amount not exceeding its Pro Rata Share of the aggregate amount of the Loan Commitments to be used for the purposes identified in SUBSECTION 2.5. The original amount of each Lender's Loan Commitment is set forth opposite its name on the signature pages hereto and the aggregate original amount of the Loan Commitments is $20,000,000; PROVIDED that the Loan Commitments of Lenders shall be adjusted to give effect to any assignments of the Loan Commitments pursuant to SUBSECTION 8.1; provided further that each Lender's Loan Commitment shall be (i) reduced by the amount of that Lender's Pro Rata Share of a Loan made pursuant to the provisions hereof and (ii) reduced to each Lender's Pro Rata Share of $10,000,000 (or such lesser amount of Loan Commitments that shall be outstanding on March 31, 1998) on March 31, 1998. Each Lender's Loan Commitment shall expire on the Commitment Termination Date. Amounts borrowed under this SUBSECTION 2.1A may be prepaid pursuant to SUBSECTION 2.4, but may not be reborrowed.
Agreement to Make Loans. Subject to the terms and conditions hereof (including the fulfillment of the conditions precedent set forth in Section 4 below), and provided no Event of Default (as defined in Section 9 below), or event which with the passing of time or giving of notice or both would constitute an Event of Default, has occurred and is continuing, Lender agrees to (i) advance to Borrower on the date hereof the amount of seven million eight hundred forty-four thousand five hundred eighty-seven and 00/100 U.S. Dollars ($7,844,587.00) as the initial Loan Funding, and (ii) upon five (5) days written notice, from time to time hereafter until the close of business of the Cut-Off Date, make such additional advances in such amounts as Borrower may request but not exceeding the Maximum Loan Commitment amount stated herein. Nothing herein shall require Lender to make any Loan Funding if such Loan Funding, when added to all previous Loan Fundings or other amounts advanced hereunder, would cause Lender to advance any sum in excess of the Maximum Loan Commitment. Lender shall have no obligation to make any Loan Funding to any person or entity other than Borrower or to whom Borrower shall so direct in writing.
Agreement to Make Loans. Subject to the terms and conditions hereof, upon the written request of the Company at any time, the Lender agrees to make loans to the Company on any Business Day (each, a “Funding Date”) from time to time beginning on the date hereof up to but excluding the Commitment Termination Date, each in the aggregate principal amount which, when added together, shall not exceed $4,000,000. As used herein, the term “Loan” or “Loans” shall mean the loans made by the Lender in accordance with this Section 2.1. Any Loan, when repaid, may not be reborrowed.
Agreement to Make Loans. As of the Restatement Effective Date, an aggregate principal amount of $106,500,000 of Term Loans is outstanding under the Existing Credit Agreement (the “Outstanding Term Loans”). On the Restatement Effective Date, (a) additional term loans will be made by Increasing Lenders and New Lenders in an aggregate principal amount of $18,500,000 and (b) loans will be prepaid to Exiting Lenders and certain other Lenders in an aggregate principal amount of $18,500,000. Amounts prepaid or repaid in respect of any Loans may not be reborrowed.
Agreement to Make Loans. Integral Business agrees to make multiple cash advances to the Approved Borrower on the first day of each Interest Period during the Availability Period.
Agreement to Make Loans. Subject to the terms and conditions hereof, Lender agrees to make loans to the Company up to an aggregate amount equal to the Facility Amount giving effect to the Advance. Notwithstanding the aggregate amount of Loans then made, Lender’s obligation to continue to make loans hereunder shall terminate (however Lender shall retain the right without obligation under Section 3.2(c) to voluntarily make additional Loans up to the Facility Amount) on the first to occur of: (i) the Commitment Termination Date (May 24, 2006), (ii) the date on which the Company closes an Agreement to merge, or for a Subsidiary of the Company to merge (including a reverse triangular merger), with a third party, or (iii) the date on which the Company enters into a commitment for an investment in the amount of $500,000 or greater. As used herein, the term “Loan” or “Loans” shall mean the loans made by the Lender in accordance with this Section 2.1. Any Loan, when repaid, may not be re-borrowed.
Agreement to Make Loans. Each of the Lenders listed on the signature pages hereto under the caption “Lenders” (individually, an “Incremental Term Lender” and, collectively, the “Incremental Term Lenders”) hereby agrees, subject to satisfaction of the conditions precedent set forth in paragraph 4 of this letter (this “Amendment”), that it will, on April 2, 2012 (the “Incremental Facility Effective Date”), make Incremental Term Loans to the Borrower in the respective amounts set forth opposite its name on Schedule I hereto; provided, that each Incremental Term Lender and the Borrower hereby agree that the Incremental Term Loans shall be funded with 1% of original issue discount.
