Amount and Terms of Commitment. Each Lender severally agrees, on the terms and subject to the conditions hereinafter set forth,
(a) to make Loans to Borrower from time to time on any Business Day during the period from the Closing Date to the Maturity Date to be used for the interim financing of acquisitions, for general working capital, and for other purposes permitted by Borrower's organizational documents other than the repurchase of Guarantor's common stock, in an aggregate amount not to exceed such Lender's Pro Rata Share of the Availability, and
(b) to fund drawings on any Letters of Credit that BankAmerica issues for Borrower's account from time to time, in an aggregate amount not to exceed at any time outstanding such Lender's Pro Rata Share of the amount of such drawing. On the date that BankAmerica issues a Letter of Credit for Borrower's account, each Lender shall be deemed to have unconditionally and irrevocably purchased from BankAmerica a pro rata risk participation in the stated amount of such Letter of Credit, without recourse or warranty, in an amount equal to such Lender's Pro Rata Share of the stated amount of such Letter of Credit. BankAmerica agrees to issue Letters of Credit in its standard form for the account of Borrower or any Joint Venture on any Business Day during the period from the Closing Date to the Maturity Date, for any purpose for which Borrower can obtain Loans under this Agreement, in an aggregate amount not to exceed Twenty Million Dollars ($20,000,000.00) at any time outstanding; provided, however, that no Letter of Credit shall have an expiry date (or shall have an "evergreen" or other extension provision that results in a final expiry date) that is not later than thirty (30) days prior to the then-applicable Maturity Date. Each Letter of Credit issued hereunder (including any supplement, modification, amendment, renewal or extension thereof) will be issued pursuant to BankAmerica's standard form of Application and Agreement for Letter(s) of Credit (a "Letter of Credit Agreement"), substantially in the form attached hereto as Exhibit C, which will set forth the agreement between the account party and BankAmerica regarding the Letter of Credit and drawings thereunder. Pursuant to each Letter of Credit Agreement, Borrower shall repay drawings under a Letter of Credit to Administrative Agent, for the account of Lenders, on demand. Reimbursement of drawings under any Letter of Credit issued for the account of a Person other than Borrower shall be the r...
Amount and Terms of Commitment. The Bank agrees, on the terms and subject to the conditions set forth herein, to make a Loan to the Borrower in an aggregate principal amount equal to ELEVEN BILLION SEVEN HUNDRED MILLION JAPANESE YEN (¥11,700,000,000). The Loan shall be advanced in a single drawing on the Drawdown Date.
Amount and Terms of Commitment. 7 Section 2.01. Commitment.............................................................................7 Section 2.02. Payment of the Loans; Loan Account.....................................................7 Section 2.03. Interest Rate and Payment Date........................................................11 Section 2.04. Computation of Interest and Fees......................................................11 Section 2.05. Payments............................................................................
Amount and Terms of Commitment. 18 SECTION 2.1 Letter of Credit Commitment........................18 SECTION 2.2 Issuance, Amendment and Renewal of Letters of Credit.....................................19 SECTION 2.3 Drawings and Reimbursements........................21 SECTION 2.4 Repayment of LC Advances...........................23 SECTION 2.5 Role of the Lenders................................24 SECTION 2.6
Amount and Terms of Commitment. Each Bank severally agrees, on the terms and subject to the conditions hereinafter set forth,
(a) to make Loans to the Company from time to time on any Business Day during the period from the Closing Date to the Maturity Date for the purpose of (i) facilitating the Company’s acquisition of improved real property (subject to the provisions of Section 7.13), (ii) financing the Company’s operations, including development activities (subject to the provisions of Sections 7.16 and 7.17), and (iii) providing working capital to the Company, in an aggregate amount not to exceed such Bank’s Pro Rata Share of the Availability, and
(b) to fund drawings on any Letters of Credit that the L/C Issuer issues for the Company’s account from time to time, in an aggregate amount not to exceed at any time outstanding such Bank’s Pro Rata Share of the amount of such drawing. On the date that the L/C Issuer issues a Letter of Credit for the Company’s account, each Bank shall be deemed to have unconditionally and irrevocably purchased from the L/C Issuer a pro rata risk participation in the stated amount of such Letter of Credit, without recourse or warranty, in an amount equal to such Bank’s Pro Rata Share of the stated amount of such Letter of Credit. The L/C Issuer agrees to issue Letters of Credit for the Company’s account on any Business Day during the period from the Closing Date to the date that is three (3) months prior to the Maturity Date, for any purpose directly related to the Company’s continuing operations, in an aggregate amount not to exceed the Letter of Credit Sublimit; provided, however, that no Letter of Credit shall have an expiry date later than the then-applicable Maturity Date. All Existing Letters of Credit shall be deemed to have been issued pursuant hereto, and from and after the Closing Date shall be subject to and governed by the terms and conditions hereof.
Amount and Terms of Commitment. The Bank agrees, on the terms and subject to the conditions set forth herein, to make Loans to the Borrower from time to time during the Commitment Period, the aggregate principal amount of which Loans at any time outstanding shall not to exceed the Commitment. Within such limits, and subject to the other terms and conditions hereof, any amounts repaid may be reborrowed.
Amount and Terms of Commitment. 26 2.1. Maximum Facility Amount................................................ 26 2.2.
Amount and Terms of Commitment. Section 2.1. Revolving Credit Facility. 3 Section 2.2. Loan Requests. 3 Section 2.3. Determination of Discount and Rate Periods. 5 Section 2.4. Payment of Principal, Interest and Other Amounts. 8 Section 2.5. Breach of Representation or Warranty 8 Section 2.6. Mandatory and Optional Prepayments. 8 Section 2.7. Proceeds 9 Section 2.8. Pledged Accounts. 9 Section 2.9. Payments and Computations, Etc. 10 Section 2.10. Reports 11 Section 2.11. Sharing of Payments, Etc 11 Section 2.12. Right of Setoff 11 Section 2.13. Assignment by Lender to Bank Investors. 11 Section 2.14. Downgrade of Bank Investor. 12 Section 2.15. Non-Renewing Bank Investors. 14 Section 2.16. Commitment Renewal Request. 16 Section 2.17. Interest Rate Protection Agreements. 16
Amount and Terms of Commitment. The Bank agrees, on the terms and conditions set forth herein, to make Loans to the Company from time to time on any Business Day during the period from the Closing Date to the Termination Date, in an aggregate amount not to exceed at any time outstanding $20,000,000 (such amount, as the same may be reduced under Section 2.05 or as a result of one or more assignments under Section 9.08, the "Commitment"). Within the limits of the Commitment, and subject to the other terms and conditions hereof, the Company may borrow under this Section 2.01, prepay under Section 2.06 and reborrow under this Section 2.01.
Amount and Terms of Commitment. (a) Subject to the terms and conditions set forth in this Agreement, Lender agrees until the Maturity Date to make, Convert and Continue revolving loans (each such loan, a “Loan”) as Borrower may from time to time request; provided, however, that the Outstanding Obligations shall not exceed the Commitment at any time. Subject to the foregoing and the other terms and conditions hereof, Borrower may borrow, Convert, Continue, prepay and reborrow Loans as set forth herein without premium or penalty.
(b) Loans made by Lender shall be evidenced by one or more loan accounts or records maintained by Lender in the ordinary course of business. Upon the request of Lender, the Loans may be evidenced by one or more Notes, instead of or in addition to loan accounts. Lender may attach schedules to its Note(s) and endorse thereon the date, amount and maturity of its Loans and payments with respect thereto. Such loan accounts, records or Notes shall be conclusive absent manifest error of the amount of such Loans and payments thereon. Any failure so to record or any error in doing so shall not, however, limit or otherwise affect the obligation of Borrower to pay any amount owing with respect to the Loans.
