Facility C Loans. Each Lender severally agrees, on the terms and conditions of this Agreement, to make loans to the Company in Dollars during the period from and including the date hereof to but not including the Facility C Commitment Termination Date in an aggregate principal amount at any one time outstanding up to but not exceeding the amount of the Facility C Commitment of such Lender as in effect from time to time. Subject to the terms and conditions of this Agreement, during such period the Company may borrow, repay and reborrow the amount of the Facility C Commitments by means of Base Rate Loans and/or Eurodollar Loans and prior to the final maturity date of the Facility C Loans may Convert Facility C Loans of one Type into Facility C Loans of another Type (as provided in Section 2.08 hereof) or Continue Facility C Loans of one Type as Facility C Loans of the same Type (as provided in Section 2.08 hereof).
Facility C Loans. Facility-C Loans may only be used to purchase or reimburse the cost of acquiring equipment and software purchased by Borrower after January 1,
Facility C Loans. The Company hereby promises to pay to the Agent for account of each Facility C Lender the entire outstanding principal amount of each Facility C Loan made by such Lender, and each Facility C Loan shall mature, on the Facility C Commitment Termination Date. In addition, if following any Facility C Commitment Reduction Date the aggregate principal amount of the Facility C Loans then outstanding shall exceed the Facility C Commitments in effect after the applicable reduction, the Company shall pay Facility C Loans in an aggregate amount equal to such excess.
Facility C Loans. On the Effective Date, (i) the "Facility C Loans" (as defined in the Existing Supplemental Credit Agreement) held by the Existing Lenders under the Existing Supplemental Credit Agreement shall automatically, and without any action on the part of any Person, be deemed to be Facility C Loans hereunder, (ii) the New Lenders shall be Facility C Lenders and parties hereto, and (iii) the Facility C Lenders shall take such steps, which may include the making of assignments and Facility C Loans and other adjustments among the Facility C Lenders, as shall be necessary so that after giving effect to such assignments and adjustments, the Facility C Lenders shall hold Facility C Loans hereunder ratably in accordance with their respective Facility C Commitments. On the Effective Date all Interest Periods under the Existing Supplemental Credit Agreement in respect of the "Facility C Loans" under and as defined in the Existing Supplemental Credit Agreement shall automatically be terminated (and the Company shall on the Effective Date make payments to the Existing Lenders that held such "Facility C Loans" under Section 5.05 thereof to compensate for such termination as if such termination were a payment or prepayment referred to in said Section 5.05), and the Company shall be permitted to continue such "Facility C Loans" as Eurodollar Loans hereunder, or to convert such "Facility C Loans" into Base Rate Loans hereunder.
Facility C Loans. (a) Facility C Loan Commitment. Provided that an Event of Default or --------------------------- any event which with notice, lapse of time or both would constitute an Event of Default does not then exist, the Lender shall extend to the Borrowers the Facility C Loan Commitment. Subject to the terms and conditions of this Agreement, from the date hereof through but not including May 1, 2008, the Lender shall from time to time make advances to the Borrowers hereunder in an aggregate amount not to exceed the lesser of (i) the Facility C Loan Commitment and (ii) the Eligible Costs. The
Facility C Loans. Subject to the terms and conditions of this Agreement, Lender agrees to make Facility C Loans to the Borrower from time to time from the date on which CEC delivers to Lender the Standby Letter of Credit referred to in Section 5 of the Ninth Amendment through the Termination Date as requested by the Borrower in accordance with the terms of Section 2.2 provided, that (i) the aggregate principal amount of all outstanding Facility C Loans (after giving effect to any amount requested) shall not exceed the Facility C Commitment as then in effect and (ii) the aggregate principal amount of all outstanding Loans (after giving effect to any amount requested), when aggregated with the outstanding principal amount of the L/C Obligations, shall not exceed the aggregate amount of the Commitments. Subject to the terms and conditions hereof, the Borrower may borrow, repay and reborrow Facility C Loans hereunder until the Termination Date. The Borrower may not borrow any Facility C Loans unless and until each of Facility A and Facility B has been fully drawn.
Facility C Loans. Subject to the terms and conditions of, and relying upon the representations and warranties set forth in, this Agreement and the Loan Documents, Bank agrees to make term loans ("Facility C Loans") to any of the Borrowers at any time or from time to time on or after the Closing Date and to and including the day immediately preceding the Facility C Expiry Date, in an aggregate principal amount not to exceed Three Hundred Thousand and 00/100 Dollars ($300,000.00). Each Borrower may borrow under this Section 2.03. The proceeds of each Facility C Loan shall be used by such Borrower only to make the capital expenditure actually incurred by such Borrower in connection with a capital asset purchase of personal property (not real property). The amount of each Facility C Loan shall be limited to 90% of such capital expenditure incurred and such Borrower shall concurrently pay the other 10% from its own funds.
Facility C Loans. The amount of each Facility-C Loan made by Bank to Borrower hereunder shall be debited to the loan ledger account of Borrower maintained by Bank for the Facility-C Commitment (herein called the "Facility-C Loan Account") and Bank shall credit the Facility-C Loan Account with all loan repayments in respect thereof made by Borrower. When Borrower desires to obtain a Facility-C Loan, Borrower shall notify Bank (which notice shall be signed by an officer of Borrower and shall be irrevocable) in accordance with Section 4 hereof, to be received no later than 3:00 p.m. Pacific time one (1) business day before the day on which the Facility-C Loan is to be made. The notice shall be signed by an officer of Borrower and contain a detailed schedule of the items being financed, including copies of paid invoices and serial numbers for the original equipment, furniture or software to be financed. Facility-C Loans may only be used to finance equipment, furniture or software purchased by the Borrower within ninety (90) days of the invoice date for said items and will be limited to (1) one hundred percent (100%) of the original equipment invoice amount for such equipment less any taxes, shipping and freight charges or discounts, warranty charges, installation expenses and other soft costs, (2) one hundred percent (100%) of the original furniture invoice amount for such furniture less any taxes, shipping and freight charges or discounts, warranty
Facility C Loans. The amount of each Facility-C Loan made by Bank to Borrower hereunder shall be debited to the loan ledger account of Borrower maintained by Bank for the Facility-C Commitment (herein entitled the "Facility-C Loan Account") and Bank shall credit the Facility-C Loan Account with all loan repayments in respect
Facility C Loans. Each Facility C Loan may only be used:
(a) to finance the acquisitions referred to in, and on the terms permitted by, paragraphs (d) and (e) of the definition of Permitted Acquisition; and
(b) for the general corporate and working capital purposes of the Group.
