Funding Generally. Upon the terms and subject to the conditions set ----------------- forth herein, prior to the Commitment Expiry Date, and provided that (i) in the -------- case of HLS, Victory and Eiffel, no Potential Wind-Down Event or Wind-Down Event shall have occurred and be continuing and (ii) in the case of APA Banks, no Termination Event or Potential Termination Event shall have occurred and be continuing, each of the CP Lenders may, in its sole discretion, and the APA Banks shall (subject to the terms and conditions specified herein), collectively make an advance under the terms and conditions hereof (any such advance, a "Funding" and the first such advance, the "Initial Funding") to the Borrower ------- --------------- from time to time on or after the Effective Date. Each Funding by a Lending Group shall be made on a pro rata basis based on such Lending Group's Facility Limit as a percentage of the aggregate Facility Limit of all Lending Groups (except for any same day Funding which shall only be made by PARCO as set forth below); each Funding by an APA Bank in a Lending Group shall be made on a pro --- rata basis based on such APA Bank's Commitment as a percentage of the aggregate ---- Commitment of all APA Banks in such Lending Group. Amounts advanced by the Lending Groups on any day in connection with a Funding may include CP Fundings, Eurodollar Fundings and ABR Fundings or any combination thereof. To request Fundings hereunder, the Borrower shall notify the Administrative Agent of such request by telephone (a) in the case of a Eurodollar Funding, not later than 11:00 A.M. (New York time) three (3) Business Days before the date of the proposed Funding, (b) in the case of an ABR Funding, not later than 12:30 P.M. (New York Time) on the proposed date of such Funding and (c) in the case of a CP Funding, (x) not later than 11:00 A.M. (New York time) on the date of the proposed Funding if same day Funding is requested of PARCO (such request to include a list of Receivables to be pledged for such same day Funding) or otherwise (y) not later than 12:30 P.M. (New York time) one (1) Business Day before the date of the proposed Funding. Each day on which a Funding is made hereunder shall be a Business Day. Each such telephonic request for a Funding shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written funding request (each, a "Funding Request") in a form approved by the Administrative Agent and signe...
Funding Generally. Upon the terms and subject to the conditions set forth herein, prior to the Commitment Expiry Date, and PROVIDED that (i) in the case of PARCO, no Potential PARCO Wind-Down Event or PARCO Wind-Down Event shall have occurred and be continuing and (ii) in the case of the APA Banks, no Termination Event or Potential Termination Event shall have occurred and be continuing, PARCO may, in its sole discretion, and the APA Banks shall (subject to the terms and conditions specified herein), make an advance (any such advance, a "FUNDING," the first such advance, the "INITIAL FUNDING," and each such additional funding, a "SUBSEQUENT FUNDING") to the Borrower from time to time on or after the Effective Date. To request a Funding hereunder, the Borrower shall notify the Funding Agent of such request by telephone (a) in the case of a Eurodollar Funding, not later than 11:00 A.M. (New York time) three (3) Business Days before the date of the proposed Funding, (b) in the case of an ABR Funding, not later than 12:30 P.M. (New York Time) on the proposed date of such Funding and (c) in the case of a CP Funding, not later than 11:00 A.M. (New York time), one (1) Business Day before the date of the proposed Funding. Each day on which a Funding is made hereunder shall be a Business Day. Each such telephonic request for a Funding shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy to the Funding Agent of a written funding request (each, a "FUNDING REQUEST") in a form approved by the Funding Agent and signed by the Borrower. Each such telephonic and written Funding Request shall specify the following information in compliance with Section 2.1(b):
Funding Generally. Subject to the terms and conditions of this Loan Agreement and in reliance on the representations and warranties of each of the parties hereto contained herein or made pursuant hereto, each Lender hereby establishes a credit facility in favor of the Borrower in the maximum principal amount equal to such Lender’s Commitment Percentage of the Aggregate Commitment Amount (each, a “Commitment”, and, collectively, the “Commitments”), and each Lender, upon receipt (or deemed receipt) of an Advance Request, on each Advance Date during the Commitment Period, shall make an Advance to the Borrower for the payment of (A) the Purchase Price of the used or unused Items of Equipment (1) being acquired (or to reimburse the Borrower for the Purchase Price of Items of Equipment previously paid by the Borrower (and not previously funded by an Advance), which Equipment shall not have been purchased more than 18 months prior to the date of such Advance) or (2) with respect to the proceeds of the Final Advance, to be acquired, and (B) subject to the limitations set forth in Section 2.2(a)(ii), related Soft Costs and Transaction Costs, by making its share of such Advance available to the Administrative Agent for deposit into an account designated by the Borrower (or, in the case of the Final Advance, into the Escrow Account) by wire transfer of an amount in immediately available funds on such Advance Date equal to such Lender’s Commitment Percentage of the aggregate amount of the requested Advances. Such funding by the Lenders shall be deemed to constitute (X) the required funding from the Lenders pursuant to this Loan Agreement and (Y) the corresponding Advances to the Borrower.
Funding Generally
