Discretionary Loans Sample Clauses

Discretionary Loans. (a) Each Bank may, in its sole discretion and on terms and conditions in writing satisfactory to it and the Company that are consistent with the provisions of this Agreement, make additional Loans to the Company under its Commitment on any one or more Business Days on or after the date hereof and prior to the Maturity Date, which Discretionary Loans will be payable to the appropriate Bank upon such terms and conditions; provided, however, that the Company will not permit to remain outstanding any Discretionary Loans from any Bank, and no Bank will make Discretionary Loans to the Company, if the sum of the aggregate principal amount of the Discretionary Loans and the Revolving Loans made by such Bank and such Bank's LC Exposure and Swingline Exposure exceeds such Bank's Commitment. Should any Discretionary Loan be outstanding from any Bank on a date on which a Borrowing is to be made, such Borrowing shall be made available only if the Company has paid or shall simultaneously with the making of such Borrowing pay such portions of Discretionary Loans (including the payment of the amount of any losses payable pursuant to Section 2.01(f) actually incurred by such Bank as a result of such prepayment) as shall be necessary to make available a portion of each Bank's Commitment at least equal to such Bank's Pro Rata Share of such Borrowing. No Discretionary Loan shall have a maturity date or interest period that extends beyond the Maturity Date. Each Bank shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness to such Bank resulting from each Discretionary Loan made by such Bank. The entries made in the accounts maintained pursuant to this Section 2.06(a) shall be prima facie evidence of the existence and amounts of the obligations therein recorded; provided, however, that the failure of any Bank to maintain such accounts or any error therein shall not in any manner affect the obligation of the Company to repay the Discretionary Loans in accordance with their terms.
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Discretionary Loans. (a) Notwithstanding anything to the contrary contained herein, Administrative Agent may make any Protective Advance or any Loan to pay any Facility Obligations as permitted under Section 2.03(c) hereof or to fund any payment item related to any controlled disbursement account as permitted under Section 2.03(d) hereof (collectively, the “Discretionary Loans”), solely as permitted under clauses (b) and (c), below.
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Discretionary Loans. In the event the LLC is in need of additional funds, O'Charley's may, but shall not be obligated to, make loans to the LLC. Any such loan shall bear interest at a rate, and shall have repayment terms, as the Board shall approve.
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Discretionary Loans. Subject to the terms and conditions set forth in this Agreement, the Lender may lend to the Borrower and the Borrower may borrow, from time to time between the Closing Date and the End Date, upon notice by the Borrower to the Lender given in accordance with Section 2.5, such sums as are requested by the Borrower (each a "CREDIT LOAN"), PROVIDED, that the sum of the Outstanding amount of the Credit Loans (after giving effect to all amounts requested) shall not at any time exceed Availability. THIS AGREEMENT DOES NOT CONSTITUTE A COMMITTED LINE OF CREDIT; RATHER ALL CREDIT LOANS SHALL BE MADE IN THE DISCRETION OF THE LENDER. Each request for a Credit Loan hereunder shall constitute a representation and warranty by the Borrower that the conditions set forth in Section 8 and Section 9, in the case of the initial Credit Loan, and Section 9, in the case of all other Credit Loans, have been satisfied on the date of such request.
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Discretionary Loans. The Revolving Credit may also, at Lender's sole and absolute discretion, be utilized in the form of Loans to Borrower which either represent new Loans or a conversion of outstanding Committed Loans which are no longer supported by Eligible Mortgage Loans, in each case, without regard to the Borrowing Base limitations contained herein (such Loans so made or converted being hereinafter referred to collectively as the "Discretionary Loans" and individually as a "Discretionary Loan"). Except in the case of Discretionary Loans which represent a conversion of Committed Loans, the proceeds of the Discretionary Loans will be used by the Borrower solely to pay the purchase price owing by the Borrower to HFS for Borrower's repurchase of Mortgage Loans from HFS. The amount of any such Discretionary Loan shall not exceed 20% (or such other percentage to which Lender in its sole discretion shall agree) of such purchase price, and Borrower hereby unconditionally and irrevocably authorizes the Lender in its sole discretion, to make Discretionary Loans to Borrower hereunder without the necessity of prior notice to, or request by, Borrower to satisfy any delinquent repurchase obligations of Borrower to HFS
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Discretionary Loans. A. Prepayments due on account of sales of Mortgage Loans =================== 1. Number of sales during period A1 2. Minimum payment amount per sale =================== A2
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Discretionary Loans. As a consequence of the existence and continuance of the Designated Defaults, the conditions precedent to making a Loan or issuing, increasing, renewing or extending a Letter of Credit cannot be satisfied, and therefore, the Lender Parties have no obligation to make any additional Loans under the Credit Agreement or to issue, extend, amend or increase any Letters of Credit thereunder. Notwithstanding the foregoing, the Lender Parties, at their sole and absolute discretion may consider making additional Loans under the Credit Agreement; provided that should the Lender Parties proceed to make any such Loans, neither the making of such Loans nor any consideration given thereto shall (i) operate as a waiver of any right or remedy available to any Lender Party, (ii) indicate, or be in any way construed as, an agreement on any Lender Party's part to forbear from exercising (except as set forth in this Agreement), or to waive, any of its rights and remedies available under contract or under law, all of which the Administrative Agent, the Issuer and each Lender expressly reserve, (iii) cause, or be deemed to be, a modification of the Credit Agreement or any other Loan Document, (iv) establish a custom or a course of dealing with respect to the Credit Agreement or any other Loan Document, (v) operate as, or in any way deemed to be, a waiver of any existing or future Default or Event of Default under the Loan Documents, (vi) entitle the Borrower or any Guarantor to such Loan or any other Loan or extensions of credit under the Credit Agreement, (vii) entitle the Borrower or any Guarantor to any notice or demand whatsoever, (viii) in any way modify, change, impair, affect, diminish or release the Borrower's or any Guarantor's obligations or liability under the Loan Documents or any other liability the Borrower or any Guarantor may have to the Administrative Agent, the Issuer, or any other Lender Party, or (ix) waive, limit, or condition the Administrative Agent's or any other Lender Party's rights and remedies under the Loan Documents, all of which rights and remedies are expressly reserved.
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Discretionary Loans. (a) Each Bank may, in its sole discretion and on terms and conditions in writing satisfactory to it and the Company that are not inconsistent with the provisions of this Agreement, make additional Loans to the Company under its Commitment in Dollars on any one or more Business Days on or after the date hereof and prior to the Termination Date, which Discretionary Loans will be payable to the appropriate Bank upon such terms and conditions; provided, however, that the Company will not permit to remain outstanding any Discretionary Loans from any Bank, and no Bank will make any Discretionary Loans to the Company, if the aggregate principal amount of the Discretionary Loans and the Conventional Loans payable to such Bank exceeds such Bank's Commitment. Should any Discretionary Loan be outstanding from any Bank on a date on which a Conventional Borrowing is to be made, such Conventional Borrowing shall be made available only if the Company has paid or shall, simultaneously with the making of such Conventional Borrowing, pay such portions of Discretionary Loans (including, without limitation, the payment of the amount of any losses payable pursuant to Section 2.01(f) actually incurred by such Bank as a result of such prepayment) as shall be necessary to make available a portion of each Bank's Commitment at least equal to such Bank's Pro Rata Share of such Conventional Borrowing. No Discretionary Loan shall have a maturity date or interest period that extends beyond the Termination Date. Each Bank shall maintain
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Related to Discretionary Loans

  • Discretionary Advances During (a) the occurrence of an Event of Default or (b) upon request by Borrower, Lender is authorized to make Advances under any Loan that Lender, in its sole discretion, desires to fund at Borrower’s request or deems necessary or desirable to pay any Loan Expense or other amount chargeable to Borrower pursuant to the terms of this Agreement or any other Loan Document (an advance made for the foregoing purposes are referred to herein as a “Discretionary Advance”). Each Discretionary Advance made under a Note shall, upon disbursement, automatically constitute principal outstanding under such Note and shall cause a corresponding increase in the aggregate outstanding principal amount of such Note (even if such Discretionary Advance causes the aggregate amount outstanding under the Note to exceed the face amount of such Note or causes the Revolving Principal Balance to exceed the Maximum Commitment). Borrower agrees that each Discretionary Advance shall automatically reduce the amount of availability under the Maximum Commitment. The making by Lender of any Discretionary Advance shall not cure or waive any Event of Default (except only for an Event of Default that has been cured to Lender’s satisfaction as confirmed by Lender’s execution of a written agreement specifically acknowledging and describing the Event of Default so cured, or for an Event of Default that has been waived by Lender as confirmed by Lender’s execution of a written agreement specifically acknowledging and describing the Event of Default so waived).

  • LOANS, ADVANCES, INVESTMENTS Make any loans or advances to or investments in any person or entity, except any of the foregoing existing as of, and disclosed to Bank prior to, the date hereof.

  • Loans, Advances, Investments, Etc Make or commit or agree to make, or permit any of its Subsidiaries make or commit or agree to make, any Investment in any other Person except for Permitted Investments.

  • Repayment of Revolving Loans The Revolving Loans and all other Liabilities (other than the Term Loan) shall be repaid on the last day of the Original Term or any Renewal Term if this Agreement is renewed pursuant to Section 10 hereof.

  • Protective Advances and Optional Overadvances (i) Any contrary provision of this Agreement or any other Loan Document notwithstanding (but subject to Section 2.3(d)(iv)), at any time (A) after the occurrence and during the continuance of a Default or an Event of Default, or (B) that any of the other applicable conditions precedent set forth in Section 3 are not satisfied, Agent hereby is authorized by Borrowers and the Lenders, from time to time, in Agent’s sole discretion, to make Revolving Loans to, or for the benefit of, Borrowers, on behalf of the Revolving Lenders, that Agent, in its Permitted Discretion, deems necessary or desirable (1) to preserve or protect the Collateral, or any portion thereof, or (2) to enhance the likelihood of repayment of the Obligations (other than the Bank Product Obligations) (the Revolving Loans described in this Section 2.3(d)(i) shall be referred to as “Protective Advances”).

  • Funding of Revolving Loans Upon receipt of a Notice of Borrowing, the Administrative Agent shall promptly inform the Lenders as to the terms thereof. Each Lender will make its pro rata share of the Revolving Loans available to the Administrative Agent by 1:00 p.m. on the date specified in the Notice of Borrowing by deposit (in U.S. dollars) of immediately available funds at the offices of the Administrative Agent at its principal office in New York, New York, or at such other address as the Administrative Agent may designate in writing. All Revolving Loans shall be made by the Lenders pro rata on the basis of each Lender's Commitment Percentage. No Lender shall be responsible for the failure or delay by any other Lender in its obligation to make Loans hereunder; provided, however, that the failure of any Lender to fulfill its obligations hereunder shall not relieve any other Lender of its obligations hereunder. Unless the Administrative Agent shall have been notified by any Lender prior to the date of any such Loan that such Lender does not intend to make available to the Administrative Agent its portion of the Loans to be made on such date, the Administrative Agent may assume that such Lender has made such amount available to the Administrative Agent on the date of such Loans, and the Administrative Agent in reliance upon such assumption, may (in its sole discretion without any obligation to do so) make available to the relevant Borrower a corresponding amount. If such corresponding amount is not in fact made available to the Administrative Agent, the Administrative Agent shall be able to recover such corresponding amount from such Lender. If such Lender does not pay such corresponding amount forthwith upon the Administrative Agent's demand therefor, the Administrative Agent will promptly notify the relevant Borrower and such Borrower shall immediately pay such corresponding amount to the Administrative Agent. The Administrative Agent shall also be entitled to recover from the Lender or such Borrower, as the case may be, interest on such corresponding amount in respect of each day from the date such corresponding amount was made available by the Administrative Agent to such Borrower to the date such corresponding amount is recovered by the Administrative Agent at a per annum rate equal to (a) from such Borrower at the applicable rate for such Loan pursuant to the Notice of Borrowing and (b) from a Lender at the Federal Funds Rate.

  • Revolving Loans The Borrower shall repay to the Lenders on the Maturity Date the aggregate principal amount of all Revolving Loans outstanding on such date.

  • Revolving Advances Subject to the terms and conditions set forth in this Agreement, each Lender, severally and not jointly, will make Revolving Advances to Borrower in aggregate amounts outstanding at any time equal to such Lender's Commitment Percentage of the lesser of (x) the Maximum Revolving Advance Amount less the aggregate amount of outstanding Letters of Credit or (y) an amount equal to the sum of:

  • Optional Repayments of Revolving Credit Loans The Borrowers shall have the right, at their election, to prepay the outstanding amount of the Revolving Credit Loans, in whole or in part, at any time without penalty or premium; provided that the outstanding amount of any Revolving Credit Loans that are LIBOR Rate Loans may not be prepaid unless the Borrowers pay any LIBOR Breakage Costs for each LIBOR Rate Loan so prepaid at the time of such prepayment. The Borrower Representative shall give the Administrative Agent, no later than 10:00 a.m., New York City time, at least two (2) Business Days' prior written notice of any prepayment pursuant to this §2.8 of any Revolving Credit Loans that are Base Rate Loans, and at least four (4) LIBOR Business Days' notice of any proposed prepayment pursuant to this §2.8 of Revolving Credit Loans that are LIBOR Rate Loans, specifying the proposed date of prepayment of Revolving Credit Loans and the principal amount to be prepaid. Each such partial prepayment of the Revolving Credit Loans shall be in an amount of $2,000,000 or integral multiple of $500,000 in excess thereof, or, if less, the outstanding balance of the Revolving Credit Loans then being repaid, shall be accompanied by the payment of all charges outstanding on all Revolving Credit Loans so prepaid and of all accrued interest on the principal prepaid to the date of payment, and shall be applied, in the absence of instruction by the Borrower Representative, first to the principal of Revolving Credit Loans that are Base Rate Loans and then to the principal of Revolving Credit Loans that are LIBOR Rate Loans, at the Administrative Agent's option.

  • Voluntary Reductions of Revolving Loan Commitments Company may, upon not less than three Business Days’ prior written or telephonic notice confirmed in writing to Administrative Agent, or upon such lesser number of days’ prior written or telephonic notice, as determined by Administrative Agent in its sole discretion, at any time and from time to time, terminate in whole or permanently reduce in part, without premium or penalty, the Revolving Loan Commitment Amount in an amount up to the amount by which the Revolving Loan Commitment Amount exceeds the Total Utilization of Revolving Loan Commitments at the time of such proposed termination or reduction; provided that any such partial reduction of the Revolving Loan Commitment Amount shall be in an aggregate minimum amount of $1,000,000 and multiples of $100,000 in excess of that amount. Company’s notice to Administrative Agent (who will promptly notify each Lender of such notice) shall designate the date (which shall be a Business Day) of such termination or reduction and the amount of any partial reduction, and such termination or reduction shall be effective on the date specified in Company’s notice and shall reduce the amount of the Revolving Loan Commitment of each Lender proportionately to its Pro Rata Share. Any such voluntary reduction of the Revolving Loan Commitment Amount shall be applied as specified in subsection 2.4A(iv).

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