BORROWING RIGHTS AND RESTRICTIONS Sample Clauses

BORROWING RIGHTS AND RESTRICTIONS. Subject to the terms and conditions of this Agreement, during the Commitment Period each Lender will make a Loan or Loans to the Company, pursuant to this Section 2.1A, in such amount or amounts as the Company may request from time to time but not exceeding in aggregate principal amount, at any one time outstanding hereunder, the Commitment of such Lender. Subject to the provisions of this Agreement, the Company shall be entitled under this Paragraph A to borrow funds, repay the same in whole or in part, and reborrow hereunder at any time and from time to time during the Commitment Period. Each Loan made under this Paragraph A shall be made pro-rata according to the Lenders' respective Commitments.
Sample 1Sample 2Sample 3See All (4)
AutoNDA by SimpleDocs
BORROWING RIGHTS AND RESTRICTIONS. Subject to the terms and conditions of this Agreement, during the Commitment Period the Company may request Competitive Bids and may (but shall not have any obligation to) accept Competitive Bids and borrow Competitive Loans provided that the sum of the total Loans outstanding under Sections 2.1A and 2.1B plus the aggregate principal amount of outstanding Competitive Loans at any time shall not exceed the Commitments which, on the date hereof, total One Hundred Thirty-Four Million Four Hundred Thousand Dollars ($134,400,000). Subject to the provisions of this Agreement, the Company may, if a Competitive Bid is submitted by a Lender, borrow funds under this Paragraph C, repay the same in whole or in part, and reborrow hereunder at any time and from time to time during the Commitment Period.
Sample 1See All (4)
BORROWING RIGHTS AND RESTRICTIONS. Subject to the terms and conditions of this Agreement, during the Commitment Period each Bank will make a Loan or Loans to the Company, pursuant to this Section 2.1A, in such amount or amounts as the Company may request from time to time but not exceeding in aggregate principal amount, at any one time outstanding hereunder, the Commitment of such Bank. Subject to the provisions of this Agreement, the Company shall be entitled under this Paragraph A to borrow funds, repay the same
Sample 1
BORROWING RIGHTS AND RESTRICTIONS. Subject to the terms and conditions of this Agreement, at any time prior to the end of the Commitment Period, each Lender will make a two (2) year Term Loan to the Company in such amount, if any, as the Company may request, but not exceeding the Commitment of such Lender then in effect. In the event the Company makes borrowings under this Section 2.1C, no further borrowing shall be made under Section 2.1A, notwithstanding anything in this Agreement to the contrary. Any prepayment of the Notes outstanding under this Section 2.1C shall be subject to Section 2.1A(x) hereof. The proceeds of each Term Loan shall be delivered to the Company not later than 3:00 p.m. New York time on the last day of the notice period set forth in Section 2.1C(iii), time being of the essence, in immediately available Dollars by wire transfer to an account of the Company designated by the Company, from time to time in writing to the Administrative Agent (who shall notify each Lender), with the account number and American Banking Association routing number of the bank at which such account is maintained.
Sample 1
BORROWING RIGHTS AND RESTRICTIONS. Subject to the terms and conditions of this Agreement, at any time prior to the end of the Commitment Period, each Lender will make a two (2) year Term Loan to the Company in such amount, if any, as the Company may request, but not exceeding the Commitment of such Lender then in effect. In the event the Company makes borrowings under this Section 2.1C, no further borrowing shall be made under Section 2.1A, notwithstanding anything in this Agreement to the contrary. Any prepayment of the Notes outstanding under this
Sample 1
BORROWING RIGHTS AND RESTRICTIONS. Subject to the terms and conditions of this Agreement, at any time prior to the end of the Commitment Period, each Bank will make a two (2) year Term Loan to the Company in such amount, if any, as the Company may request, but not exceeding the Commitment of such Bank then in effect. In the event the Company makes borrowings under this Section 2.1C, no further borrowing shall be made under Section 2.1A hereof, notwithstanding anything in this Agreement to the contrary. If at any time a borrowing shall be made under this Section 2.1C there shall be outstanding any Revolving Credit Notes issued under Section 2.1A hereof, then the proceeds of the Term Loans made under this Section 2.1C shall be applied in full or to the extent necessary, as the case may be, to the payment in full of the principal of and interest on such Notes even though the same shall not be due by their terms. The preceding sentence shall constitute an authorization and direction by the Company to each Bank to so apply the proceeds of such Term Loan so made by such Bank under this Section 2.1C to the payment in full of the principal of and interest on all Notes issued under Section 2.1A hereof which are owned by such Bank. Any borrowing under this Section 2.1C and any application of proceeds to the payment of Notes outstanding under Section 2.1A hereto shall be deemed to be effected 12 simultaneously so that, for the purpose of this Agreement, Notes shall not be deemed to be outstanding under Section 2.1A at the same time Notes are outstanding under Section 2.1C hereof. Any prepayment of the Notes outstanding under Section 2.1A shall be subject to Section 2.1A(x) hereof. Subject to the provisions of this Agreement, the Company shall be entitled under this Section 2.1C to borrow funds, repay the same and enter into new borrowings hereunder at any time and from time to time during the Commitment Period. The proceeds of each Term Loan shall be delivered to the Company not later than 3:00 p.m. Cleveland, Ohio time on the last day of the notice period set forth in Section 2.2(i), time being of the essence, in immediately available Dollars by wire transfer to an account of the Company designated by the Company, from time to time in writing to the Administrative Agent, with the account number and American Banking Association routing number of the bank at which such account is maintained.
Sample 1

Related to BORROWING RIGHTS AND RESTRICTIONS

  • Rights and Restrictions The Restricted Share Units shall not be transferable, other than pursuant to will or the laws of descent and distribution. Prior to vesting of the Restricted Share Units and delivery of the Shares to the Employee following his termination of employment, the Employee shall not have any rights or privileges of a shareholder as to the Shares subject to the Award. Specifically, the Employee shall not have the right to receive dividends or the right to vote such Shares prior to vesting of the Award and delivery of the Shares.

  • INVESTMENT OBJECTIVE, POLICIES AND RESTRICTIONS The Fund will provide the Sub-Adviser with the statement of investment objective, policies and restrictions applicable to the Series as contained in the Series' Prospectus and Statement of Additional Information, all amendments or supplements to the Prospectus and Statement of Additional Information, and any instructions adopted by the Board of Trustees supplemental thereto. The Fund agrees, on an ongoing basis, to notify the Sub-Adviser in writing of each change in the fundamental and non-fundamental investment policies of the Series and will provide the Sub-Adviser with such further information concerning the investment objective, policies, restrictions and such other information applicable thereto as the Sub-Adviser may from time to time reasonably request for performance of its obligations under this Agreement. The Fund retains the right, on written notice to the Sub-Adviser or the Adviser, to modify any such objective, policies or restrictions in accordance with applicable laws, at any time.

  • Investment Objectives, Policies and Restrictions The Trust will provide Adviser with the statement of investment objectives, policies and restrictions applicable to the Fund as contained in the Trust's registration statements under the Act and the Securities Act of 1933, and any instructions adopted by the Trustees supplemental thereto. The Trust will provide Adviser with such further information concerning the investment objectives, policies and restrictions applicable thereto as Adviser may from time to time reasonably request. The Trust retains the right, on written notice to Adviser from the Trust, to modify any such objectives, policies or restrictions in any manner at any time.

  • Options and Restricted Stock Notwithstanding the terms of any plan, program or arrangement maintained by the Company:

  • Dividend Restrictions No subsidiary of the Company is prohibited or restricted, directly or indirectly, from paying dividends to the Company, or from making any other distribution with respect to such subsidiary’s equity securities or from repaying to the Company or any other subsidiary of the Company any amounts that may from time to time become due under any loans or advances to such subsidiary from the Company or from transferring any property or assets to the Company or to any other subsidiary.

  • Negative Pledge Agreements; Dividend Restrictions The Borrower will not, and will not permit any Restricted Subsidiary to, create, incur, assume or suffer to exist any contract, agreement or understanding which prohibits or restricts the granting, conveying, creation or imposition of any Lien on any of its Property in favor of the Administrative Agent and the Lenders or restricts any Restricted Subsidiary from paying dividends or making distributions to the Borrower or any other Restricted Subsidiary, or which requires the consent of other Persons in connection therewith; provided, however, that the preceding restrictions will not apply to encumbrances or restrictions arising under or by reason of (a) this Agreement or the Security Instruments, (b) any leases or licenses or similar contracts as they affect any Property or Lien, (c) any restriction with respect to a Restricted Subsidiary imposed pursuant to an agreement entered into for the direct or indirect sale or disposition of all or substantially all the Equity Interests or Property of such Restricted Subsidiary pending the closing of such sale or disposition, (d) customary provisions with respect to the distribution of Property in joint venture agreements, (e) any agreements with respect to any Restricted Subsidiary acquired in a transaction permitted by Section 9.05 (in which case, any prohibition or limitation shall only be effective against the Property of such Restricted Subsidiary) and (f) any agreements governing Debt permitted by Section 9.02 incurred by the Borrower or any Restricted Subsidiary.

  • Restriction on Transfer of Warrants The Holder of a Warrant Certificate, by the Holder's acceptance thereof, covenants and agrees that the Warrants are being acquired as an investment and not with a view to the distribution thereof, and that the Warrants may not be sold, transferred, assigned, hypothecated or otherwise disposed of, in whole or in part, for a period of one (1) year from the date hereof, except to the Designees.

  • Basic Restrictions (i) (1) No Person, other than an Excepted Holder, shall Beneficially Own or Constructively Own Shares in excess of the Aggregate Ownership Limit, (2) no Person, other than an Excepted Holder, shall Beneficially Own or Constructively Own Common Shares in excess of the Common Share Ownership Limit and (3) no Excepted Holder shall Beneficially Own or Constructively Own Shares in excess of the Excepted Holder Limit for such Excepted Holder.

  • Other Obligations and Restrictions No Restricted Person has any outstanding Liabilities of any kind (including contingent obligations, tax assessments, and unusual forward or long-term commitments) that are, in the aggregate, material to Borrower or material with respect to Borrower’s Consolidated financial condition and not shown in the Initial Financial Statements or disclosed in Section 5.7 of the Disclosure Schedule or otherwise permitted under Section 7.1. Except as shown in the Initial Financial Statements or disclosed in Section 5.7 of the Disclosure Schedule, no Restricted Person is subject to or restricted by any franchise, contract, deed, charter restriction, or other instrument or restriction that could reasonably be expected to cause a Material Adverse Change.

  • Restrictions on Transfer of Option This Agreement and the Option shall not be transferable otherwise than (a) by will or by the laws of descent and distribution or (b) by gift to any Family Member of the Optionee, and the Option shall be exercisable, during the Optionee’s lifetime, solely by the Optionee, except on account of the Optionee’s Permanent and Total Disability or death, and solely by the transferee in the case of a transfer by gift to a Family Member of the Optionee.

Time is Money Join Law Insider Premium to draft better contracts faster.