AMOUNT AND TERMS OF THE. LOAN(S); ISSUANCE OF WARRANTS
1.1 The Loan(s). Subject to the terms of this Agreement, each Purchaser agrees to lend to the Company the amount set forth opposite each such Purchaser’s name on EXHIBIT A hereto (each, a “Loan Amount” and collectively the “Total Loan Amount” or “Loan”) against the issuance and delivery by the Company of a convertible promissory note or notes for such amount(s), in substantially the form attached hereto as EXHIBIT B (each, a “Note” and collectively, the “Notes”). Each Note shall be convertible into shares of Equity Securities as provided in such Note.
AMOUNT AND TERMS OF THE. BANA FINANCIAL WARRANTY 4 Section 2.1. The BANA Financial Warranty 4 Section 2.2. Procedure for Issuance 4 Section 2.3. Conditions Precedent to Effectiveness 4 Section 2.4. MPF Warranty Fee 5 Section 2.5. MPF Drawdown Amount 5 ARTICLE III INDEMNIFICATION 5 Section 3.1. Survival 5 Section 3.2. Indemnification 5 Section 3.3. Indemnification Procedure 6 ARTICLE IV FURTHER AGREEMENTS 7 Section 4.1. Obligations Absolute 7 Section 4.2. Participations and Assignments 7 Section 4.3. MPF Obligations 7 Section 4.4. Limitation of Liability of BANA 7 Section 4.5. Costs and Expenses 8 ARTICLE V CONFIDENTIALITY 8 Section 5.1. Confidentiality Obligations of BANA 8 ARTICLE VI TERMINATION 8 Section 6.1. Termination 8 ARTICLE VII MISCELLANEOUS 8 Section 7.1. Amendments and Waivers 8 Section 7.2. Notices 9 Section 7.3. No Waiver, Remedies and Severability 9 Section 7.4. Payments 9 Section 7.5. Governing Law 10 Section 7.6. Counterparts 10 Section 7.7. Paragraph Headings 10 Section 7.8. Time of the Essence 10 Section 7.9. No Third-Party Rights 10 Section 7.10. Further Assurances 10 Exhibit A Xxxxxxx Xxxxx Financial Warranty Agreement Exhibit B Form of BANA Financial Warranty
AMOUNT AND TERMS OF THE. COMMITMENT Section 2.01. The Advances . . . . . . . . . . . . . . . . . . . . . . . . . 9 Section 2.02. Making the Advances . . . . . . . . . . . . . . . . . . . . . 9 Section 2.03. Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Section 2.04. Adjustments or Termination of the Maximum Commitment . . .
AMOUNT AND TERMS OF THE. LOANS Section 2.01. The Loans.....................................................13 ARTICLE III. INTEREST, PAYMENTS; FEES Section 3.01. Interest......................................................14 Section 3.02. Payments......................................................14 Section 3.03.
AMOUNT AND TERMS OF THE. LOANS Section 2.01 The Loans . . . . . . . . . . . . . . . . . . . . . . .3 ARTICLE III. FEES Section 3.01 Fees . . . . . . . . . . . . . . . . . . . . . . . . . .4
AMOUNT AND TERMS OF THE. COMMITMENT Section 2.1 The Advances . . . . . . . . . . . . . . . . . . . . 7 Section 2.2 Making the Advances . . . . . . . . . . . . . . . . 8 Section 2.3 Fees . . . . . . . . . . . . . . . . . . . . . . . . 10 Section 2.4 Reduction or Termination of the Maximum Commitment . 10 Section 2.5 Repayments of Interest Advances or the Final Advance 10 Section 2.6 Repayments of Provider Advances . . . .
AMOUNT AND TERMS OF THE. COMMITMENT Section 2.01 The Advances 7 Section 2.02 Making the Advances.........................................................................7 Section 2.03 Fees 9 Section 2.04 Reduction or Termination of the Maximum Commitment..........................................9 Section 2.05 Repayments of Interest Advances or the Final Advance.......................................10 Section 2.06 Repayments of Provider Advances..........................................................
AMOUNT AND TERMS OF THE. COMMITMENTS Section 2.1.The Revolving Credit Facility...............................................................20 Section 2.2.The Loans...................................................................................20 Section 2.3.
AMOUNT AND TERMS OF THE. LOAN(S)
1.1 The Loan(s). Subject to the terms of this Agreement and the Notes (including Section 6 hereof), each Purchaser, severally and not jointly, agrees to lend term loans (each, a “Loan”) to the Company from time to time upon and after the Closing (as hereinafter defined) in an aggregate principal amount (each, a “Loan Amount” and collectively the “Total Loan Amount”) not to exceed the amount set forth opposite such Purchaser’s name on the Schedule of Purchasers attached hereto (each, a “Loan Commitment” and collectively the “Total Loan Commitment”). Upon any Purchaser funding a Loan, the Loan Commitment of such Purchaser shall be reduced and terminated by the equivalent Loan Amount of such Loan. Once funded, a Loan may not be prepaid or reborrowed. Each Note shall be convertible into shares of Series D Preferred Shares as provided in such Note.
AMOUNT AND TERMS OF THE. AMENDED AND RESTATED TERM LOAN
SECTION 2.01 AMENDED AND RESTATED TERM LOAN. The Bank agrees, on the terms and conditions set forth in this Agreement, that as of the Third Closing Date, the Existing Chase Note and the Existing Chemical Note will be consolidated into a single Amended and Restated Term Loan Note consolidating and continuing a loan (the "Amended and Restated Term Loan") to the Borrower in a principal amount of Four Million Dollars ($4,000,000). Any principal amount of the Amended and Restated Term Loan which is prepaid or repaid cannot be reborrowed. The Amended and Restated Term Loan may be: (1) a Prime Rate Loan; (2) a LIBOR Loan; (3) if offered by Chase and agreed to by the Borrower, a Fixed Rate Loan; or (4) any combination of the foregoing, as determined by the Borrower and notified to the Bank in accordance with Section 2.12.
