Draw Down. Subject to this Agreement, Client may draw down against a Window Forward Contract during the Delivery Window provided that AFEX has received Settlement in immediately available funds corresponding to the amount of the draw down. Notwithstanding any draw down, Client is required to provide full Settlement, or any remaining balance, to AFEX in good cleared funds in connection with a Forward Contract on or before the end of the Value Date. AFEX may, in its discretion, apply to any draw down any rate of exchange that it deems reasonably appropriate.
Draw Down. The Borrower may on any Business Day during the Availability Period request the Lender to make the any amount available under the Loan to the Borrower’s bank account in Hong Kong as specified in Appendix I, provided that:
a. The Lender shall have received a duly completed notice of drawing at least one Business Day prior to the date of drawing; and
b. No event of default or prospective Event of Default shall have occurred.
Draw Down. Where a Flight Crew Member is sick or injured during a month, one (1) day shall be deducted from his sick bank for each twenty-four (24) hour period or part thereof for which he was scheduled for which he was unable to report due to illness or injury until such time as the sick credits are exhausted and/or disability benefits commence.
Draw Down. In the event that an Operations Shortfall occurs, the Company may draw down the Operations Shortfall Amount from the Revolver (or that portion thereof available under the Revolver, if any). If (and only if) the Revolver is not available, AMD and Fujitsu shall, or shall cause their respective Affiliates to, upon no less than thirty (30) days’ prior written notice from the Company, provide Member Debt Financing (or arrange for the provision of Member Guaranteed Financing) in an amount equal to the Percentage Interest (at the time of such Member Debt Financing) of AMD Member or Fujitsu Member, respectively, of the Operations Shortfall Amount (or the remaining portion thereof); provided, however, that
(a) the amount that the Company may draw under the Revolver or the aggregate Member Debt Financing shall be reduced by an amount equal to any excess spending (that has not already been so deducted from previous Operations Shortfall Amounts) measured cumulatively since the Launch Date on each of (i) Capex and (ii) R&D and G&A (taken together), that exceeds the sum of the limits for such category or categories set forth in the 4-Year Fixed Financial Support Plan for the period from the Launch Date through the end of the applicable fiscal quarter; and
(b) if the Company made any prepayment of debt to a Member or its respective Affiliates in accordance with Section 5.2 in the preceding fiscal quarter, the Operations Shortfall Amount shall be funded by AMD or Fujitsu or their respective Affiliates (i) up to the amount of such prepayments, on a pro rata basis in proportion to the amount of such prepayments made to each Member or its respective Affiliates and (ii) thereafter, on the Percentage Interest of AMD Member or Fujitsu Member, as applicable.
Draw Down. Subject to Argentex’s agreement, the Client may draw down in the Contract Currency against a Forward Contract during the Delivery Window provided that Argentex has received Settlement in immediately available funds corresponding to the amount of the draw down. Notwithstanding any draw down, the Client is required to provide full Settlement (or any remaining balance) to Argentex in immediately available funds in connection with a Forward Contract on or before the end of Business Hours on the Maturity Date (Delivery Date/ Value Date). Argentex may, at its discretion, apply to any draw down in the Contract Currency at any rate of exchange that it deems reasonably appropriate.
Draw Down. Subject to this Agreement, Client may draw down against a Window Forward Payment during the Delivery Window provided that AFEX Singapore has received Settlement in immediately available funds corresponding to the amount of the draw down. Notwithstanding any draw down, Client is required to provide full Settlement, or any remaining balance, to AFEX Singapore in good cleared funds in connection with a Forward Payment on or before the end of the Value Date. AFEX Singapore may, in its discretion, apply to any draw down any rate of exchange that it deems reasonably appropriate. BUS_ACC_OPEN_SG_0219_EC
Draw Down. The Term Loan Facility shall be drawn down by Borrower in the Principal Amount (as set forth in the Terms & Conditions under the caption “Principal Amount”) in multiple tranches within one month as from the date of signature of this Agreement by both Parties in accordance with the terms of this Agreement, including the Terms & Conditions.
Draw Down. (a) The Company may, in its sole discretion, draw upon up to Six Million Dollars ($6,000,000) (subject to adjustment pursuant to this Section 1), which shall be made available by Holder for a period of 24 months, for use as operating capital and for general corporate purposes (the drawn down portion referred herein as “Principal”). The terms and conditions set forth herein shall only apply to the Principal.
(b) Subject to any applicable laws, the aggregate available amount outstanding under this Note shall be reduced, on a dollar-for-dollar basis, by the aggregate dollar amount of any additional convertible promissory notes, with terms similar to or the same as this Note, issued by the Company to a third party, so long as (i) such third party note(s) are duly executed by the Company and such third party, (ii) such third party note(s) are fully funded and (iii) the holder(s) of such third party note(s) were referred to the Company by the Holder of this Note (each a “Third Party Note” and collectively, the “Third Party Notes”).
(c) Subject to the provisions of paragraph (b) hereof, the Company will send written notice (the “Notice”) to the Holder to report, on a quarterly basis, the aggregate dollar amount by which the Note shall be reduced. If the Holder agrees with the information contained in the Notice, the Holder shall execute the Notice and return it to the Company. If the Holder does not agree with the information contained in the Notice, the Holder shall have 30 days from receipt of such Notice to send it response to the Company, which response shall set forth in writing the Holder’s objections to the information contained in the Notice.
(d) The Company shall be required to send the Notice to the Holder within 30 days following the end of a fiscal quarter of the Company, commencing with the third quarter of 2003 (such quarter is subject to adjustment should the Company change its fiscal year end after the date hereof). The requirement of the Company to send the Notice shall continue for every fiscal quarter thereafter for so long as any dollar amount remains available for draw down under this Note by the Company, unless this Note is otherwise terminated or redeemed or the Holder waives its right, in writing, to receive such Notice. If, during a fiscal quarter of the Company, no Third Party Notes are duly issued by the Company, the Company shall not be required to send the Notice.
(e) Any notice required or permitted pursuant to this Amendment shall b...
Draw Down. (i) If the Tenant does not comply with any of its obligations under this Lease (including during any extension or holding over period) then the Landlord may, without notice to the Tenant, draw on the Bank Guarantee to recoup any Loss it has incurred or become liable for and must hold any balance as a cash security deposit in accordance with clause 6.1(h).
(ii) For the avoidance of doubt, the Landlord may draw down on the Bank Guarantee pursuant to clause 6.1(b)(i) if, in the Landlord’s sole opinion acting in good faith, the Tenant has not complied with any of its obligations under this Lease and it is not a precondition to the exercise of the Landlord’s right to draw down on the Bank Guarantee that it has been established by judgement or award that the Tenant is in default.
Draw Down. 2.1.1. The Short Term Facility can be drawn in one or several Advances after the signing of the Credit Facility Agreement up to the maximum amount as stipulated under article 2, by giving a prior notice of two Business Days to the Bank, by indicating the amount to be drawn and the interest period.
2.1.2. The Short Term Facility can also be utilised in the form of an overdraft facility up to a maximum amount as per article 2.
