Availability of Advances. (a) The Facility shall be available for Drawdowns by the Borrowers, at the option of the Borrowers, as follows:
Availability of Advances. Each Lender will make its Applicable Percentage of each Line Advance Borrowing available to the Administrative Agent for the account of the Borrowers at the office of the Administrative Agent specified in Section 19.13, or at such other office as the Administrative Agent may designate in writing, by 1:00 P.M. on the date specified in the applicable Notice of Borrowing, in Dollars and in funds immediately available to the Administrative Agent. The Administrative Agent will, upon receipt by the Administrative Agent of each Lender’s Applicable Percentage of the proceeds of the requested Line Advance, make a Line Advance as a LIBOR Rate Loan or an Alternate Base Rate Loan (as the case may be) which will be made in a minimum amount of $75,000.00 and in integral multiples of $10,000.00, provided that after giving effect to such Line Advance, the aggregate amount of all Line Advances, plus the outstanding amount of all Swingline Loans shall not exceed $15,000,000.00, and provided further that the aggregate of all BD Development Advances shall not at any time exceed $7,500,000.00. On the terms and subject to the conditions of this Agreement, the proceeds of each Line Advance shall be made available to the Borrowers by deposit to an account designated by the Borrowers as shall have been specified in the Notice of Borrowing no later than 11:00 a.m. on the third or first Business Day (as applicable) following receipt of a proper request. Additional conditions to making Line Advances are contained in Sections 9.1 and 9.2 hereof.
Availability of Advances. Subject to the satisfaction of all conditions ------------------------ precedent set forth below in Section 2 and the other terms and conditions of --------- this Note, Payee shall make advances under this Note (collectively, "Advances") -------- during the period commencing on the date of this Note and ending on the Maturity Date. Advances shall be made no more frequently than two (2) times in any 30- day period and shall not exceed $800,000 in aggregate principal amount. Amounts borrowed under this Note and subsequently repaid or prepaid may not be reborrowed. Notwithstanding anything to the contrary in this Note, Maker may use the Advance proceeds only for the payment of costs, fees and expenses (including attorneys' fees) incurred in connection with the Lakeshore Litigation, including the investigation, preparation, defense, settlement and appeal of any claims in the Lakeshore Litigation (collectively, "Litigation ---------- Costs") that have been incurred by Maker. Maker shall not use the Advance ----- proceeds for any other purpose, including, without limitation, the payment of principal repayments or interest and other amounts payable or accrued from time to time under this Note ("Debt Service"). ------------
Availability of Advances. Subject to Clause 3 having been fully satisfied or waived (if applicable) by the Borrower and the other terms and conditions of this Agreement, the Borrower may request the making of an Advance by delivering to the Lender a duly completed Notice of Drawing not later than three (3) Business Days before the proposed Drawdown Date during the Loan Term and agreed by the Lender, provided that:
Availability of Advances. If any Lender determines that maintenance of its Eurocurrency Loans, Foreign Currency Swing Loans or Euro Swing Loans at a suitable Lending Installation would violate any applicable law, rule, regulation, or directive, whether or not having the force of law, or if the Required Lenders determine, or a Foreign Currency Swing Lender or Euro Swing Lender determines, as the case may be, that (a) deposits of a type, currency and maturity appropriate to match fund Eurocurrency Advances, the applicable Foreign Currency Swing Loans or Euro Swing Loans, as the case may be, are not available or (b) the interest rate applicable to Eurocurrency Advances, the applicable Foreign Currency Swing Loans or Euro Swing Loans, as the case may be, does not accurately reflect the cost of making or maintaining such Eurocurrency Advances, Foreign Currency Swing Loans or Euro Swing Loans, as the case may be, then (i) in the case of any such determination with respect to Eurocurrency Advances, the Administrative Agent shall suspend the availability of Eurocurrency Advances and require any affected Eurocurrency Advances to be repaid or converted to Base Rate Advances, subject to the payment of any funding indemnification amounts required by Section 3.4, (ii) in the case of any such determination with respect to Foreign Currency Swing Loans, the Appropriate Foreign Currency Swing Lender may suspend the availability of Foreign Currency Swing Loans by such Lender and require any affected Foreign Currency Swing Loans to be repaid or (iii) in the case of any such determination with respect to Euro Swing Loans, the Euro Swing Lender may suspend the availability of Euro Swing Loans and require any affected Euro Swing Loans to be repaid.
Availability of Advances. Each Lender will make its Applicable Percentage of each Revolver Advance Borrowing available to the Administrative Agent for the account of the Borrowers at the office of the Administrative Agent specified in Section 19.13, or at such other office as the Administrative Agent may designate in writing, by 1:00 P.M. on the date specified in the applicable Notice of Borrowing, in Dollars and in funds immediately available to the Administrative Agent. The Administrative Agent will, upon receipt by the Administrative Agent of each Lender’s Applicable Percentage of the proceeds of the requested Revolver Advance, make a Revolver Advance as a LIBOR Rate Loan or an Alternate Base Rate Loan (as the case may be) which will be made in a minimum amount of $100,000.00 and in integral multiples of $50,000.00, provided that after giving effect to such Revolver Advance, the aggregate amount of all Revolver Advances shall not exceed $1,000,000.00. On the terms and subject to the conditions of this Agreement, the proceeds of each Revolver Advance shall be made available to the Borrowers by deposit to the account of the Borrowers as shall have been specified in the Notice of Borrowing no later than 11:00 a.m. on the third or first (as applicable) Business Day following receipt of a proper request. Additional conditions to making Revolver Advances are contained in Sections 9.1 and 9.2 hereof.
Availability of Advances. Subject to the satisfaction of all conditions precedent listed in Article 3 and the other terms and provisions of this Agreement, Advances under the Facilities and from the Company’s Funds Account shall be made during the Availability Period.
Availability of Advances. Subject to satisfaction of the terms and conditions set forth herein, the Facility will be made available in three Advances as follows:
Availability of Advances. Subject to compliance with clause 5, the Lenders shall make an Advance available to a Borrower if no later than 10.30 am on:
Availability of Advances. Subject to the advance notification requirements for a LIBOR Interest Period set forth in Section 1.02(A)(1), not later than 2:30 p.m. (Omaha, Nebraska time) on the date of such Advance Request (or, in the case of a LIBOR Rate Advance, on the second New York Banking Day following the date of such Advance Request) and upon fulfillment of the applicable conditions set forth in Article II, the Bank will make such Advance available to the Borrower in same day funds by depositing such Advance in an account maintained by the Borrower at the Bank, at the Bank's address referred to in Section 6.02. The Bank may rely without further investigation on the information set forth in any Advance Request.
