Facility Commitments. (i) On the Funding Date requested by any Borrower (the "Requesting Borrower"), after such Borrower shall have satisfied all applicable conditions precedent set forth in Section 3, each Lender shall advance immediately available funds to Agent (each such advance being an "Advance") evidencing such Lender's Pro Rata Share of a loan ("Loan"). Agent shall immediately advance such immediately available funds to such Borrower at the Designated Deposit Account (or such other deposit account at FUNB or such other financial institution as to which such Borrower and Agent shall agree at least three (3) Business Days prior to the requested Funding Date) on the Funding Date with respect to such Loan. The Requesting Borrower shall pay interest accrued on the Loan at the rates and in the manner set forth in Section 2.1.1
Facility Commitments. On the Closing Date, subject to the terms and conditions of this Agreement and the other Financing Documents:
(a) the Borrower, the Commercial Banks Facility Agent, the Common Security Trustee and the Commercial Bank Lenders are entering into the Term Loan A Credit Agreement pursuant to which the Commercial Bank Lenders will make available to the Borrower a term loan facility in an aggregate amount not exceeding the total Commercial Banks Facility Commitment;
(b) the Borrower, the KSURE Covered Facility Agent, the Common Security Trustee and the KSURE Covered Facility Lenders are entering into the KSURE Covered Facility Agreement pursuant to which the KSURE Covered Facility Lenders will make available to the Borrower a term loan facility in an aggregate amount not exceeding the total KSURE Covered Facility Commitment;
(c) the Borrower, the KEXIM Facility Agent, the Common Security Trustee and KEXIM are entering into the KEXIM Direct Facility Agreement pursuant to which KEXIM will make available to the Borrower a term loan facility in an aggregate amount not exceeding the total KEXIM Direct Facility Commitment; and
(d) the Borrower, the KEXIM Facility Agent, the Common Security Trustee, KEXIM and the KEXIM Covered Facility Lenders are entering into the KEXIM Covered Facility Agreement pursuant to which the KEXIM Covered Facility Lenders will make available to the Borrower a term loan facility in an aggregate amount not exceeding the total KEXIM Covered Facility Commitment. Each Facility Agent, the Initial Senior Bonds Trustee and each Secured Hedge Representative shall have delivered an Accession Agreement in respect of each applicable Secured Debt Instrument or Secured Hedge Instrument.
Facility Commitments. (i) On the Funding Date requested by any Borrower (the " Requesting Borrower "), after such Borrower shall have satisfied all applicable conditions precedent set forth in Section 3, each Lender shall advance immediately available funds to Agent (each such advance being an " Advance ") evidencing such Lender’s Pro Rata Share of a loan (" Loan "). Agent shall immediately advance such immediately available funds to such Borrower at the Designated Deposit Account (or such other deposit account at Comerica Bank or such other financial institution as to which such Borrower and Agent shall agree at least three (3) Business Days prior to the requested Funding Date) on the Funding Date with respect to such Loan. The Requesting Borrower shall pay interest accrued on the Loan at the rates and in the manner set forth in Section 2.1.1(b). Subject to the terms and conditions of this Agreement, the unpaid principal amount of each Loan and all unpaid interest accrued thereon, together with all other fees, expenses, costs and other sums chargeable to the Requesting Borrower incurred in connection therewith shall be due and payable no later than the Maturity Date of such Loan. Each Loan advanced hereunder by each Lender shall be evidenced by the Requesting Borrower’s revolving promissory note in favor of such Lender substantially in the form of Exhibit A (each a " Note ").
(ii) The obligation of Lenders to make any Loan from time to time hereunder shall be limited to the then applicable Maximum Availability. For the purpose of determining the amount of the Borrowing Base available at any one time, the amount available shall be the total amount of the Borrowing Base as set forth in the Borrowing Base Certificate delivered to Agent pursuant to Section 3.2.1 with respect to such requested Loan and reviewed and approved by Agent. Nothing contained in this Agreement shall under any circumstance be deemed to require any Lender to make any Advance under the Facility which, in the aggregate principal amount, taking into account such Lender’s portion of the aggregate principal amounts outstanding under this Agreement and the making of such Advance, exceeds the lesser of (A) such Lender’s Commitment for the Facility and (B) such Lender’s Pro Rata Share of the Requesting Borrower’s Borrowing Base.
(iii) If at any time and for any reason the aggregate principal amount of the Loan(s) then outstanding to any Borrower shall exceed the Maximum Availability for such Borrower (the amount of ...
Facility Commitments. Evidence of the Borrowers having obtained B Facility Commitments (or other Substitute Financing) in an aggregate principal amount of not less than £600 million.
Facility Commitments. (a) Unless otherwise described elsewhere in this Development Agreement, the Owner agrees that the City is not responsible for the construction or creation of public facilities or capacity to facilitate the development of the Subject Property. Except for issues of traffic concurrency which is provided for elsewhere in this Development Agreement, no building permits or development permits shall be issued for the Subject Property unless adequate capacity of concurrency monitored facilities is available concurrent with the impact on said facilities by the development.
Facility Commitments. 1(a)(i) of the Credit Agreement is deleted and replace with the following:
Facility Commitments. 19 (b) Each Loan...................20 2.1.2 Funding............................21 2.1.3 Utilization Of The Loans...........21 2.2
Facility Commitments. (a) The Owner agrees that the City is not responsible for the construction or creation of public facilities or capacity in order to facilitate the development of the Subject Property.
(b) The Owner agrees to accomplish and complete, at a minimum, the following facility/infrastructure and to grant the following rights, at the Owner’s sole and exclusive expense, as a condition of this development approval and in addition to the payment of all impact fees relating to the development of the Subject Property.
(c) The Owner agrees to the granting of any and all utility easements to the City which the City deems necessary to serve the Subject Property with public utilities.
(d) The Owner hereby agrees that the City has shown an essential nexus between a legitimate City interest and the conditions imposed herein. Further, the Owner agrees that the City has established that all proposed conditions are roughly proportional to the impact the development upon the public problems addressed herein based upon an individualized determination that the required dedication/commitment is related in both nature and extent to the impacts of the proposed development.
Facility Commitments. (a) No building permits or development permits shall be issued for the Subject Property unless adequate capacity of concurrency monitored facilities is available for the development for which such building permit or development is to be issued concurrent with the impact on said facilities by the development as provided for in the LDC and the Comprehensive Plan. In addition and consistent with the DRI/DO, the Owner shall be required to meet the level of service standards in the City’s Comprehensive Plan and the requirements in the City’s concurrency management system as provided for in the DRI/DO. Notwithstanding the foregoing, however, mitigation for transportation impacts is being implemented through “pipelining” provisions set forth in Section 163.3180(12), Florida Statutes (2010). School concurrency requirements will be satisfied pursuant to Section 163.3180(13), Florida Statutes (2010), under the terms of the City of Palm Coast Public School Concurrency Proportionate Share Mitigation Development Agreement between the City, Neoga and the School District of Flagler County, Florida, acting through its School Board recorded at Official Records Book 1790, page 501 of the Public Records of Flagler County, Florida (the “Proportionate Share Agreement”).
(b) As a condition to development of the Subject Property, the Owner agrees to develop the Subject Property, including construction of any facility or infrastructure improvements, as set forth in the DRI/DO, as may be amended from time to time, pursuant to Section 380.06, Florida Statutes (2010), and this Development Agreement, as may be amended from time to time.
(c) Consistent with the Master Utility Agreement for Water, Wastewater and Reuse Service (“MUA”) between the City and Neoga recorded at Official Records Book 1790, page 718 of the Public Records of Flagler County, Florida, the Owner agrees to grant to the City those utility easements as set forth in the MUA.
Facility Commitments. (a) The Owner agrees to cause to construct and complete, at a minimum, the following improvements:
