Funding of the Term Loan. Subject to the terms and conditions set forth herein, each Lender agrees to fund its portion of the Term Loan in the full amount of its Term Loan Commitment on the Closing Date. Principal amounts of the Term Loan that have been repaid or prepaid may not be reborrowed.
Funding of the Term Loan. Subject to the terms and conditions set forth herein, the Lender agrees to fund the full amount of the Term Loan at the Effective Time. Principal amounts of the Term Loan that have been repaid or prepaid may not be reborrowed.
Funding of the Term Loan. Subject to the terms and conditions of this Agreement, upon receipt by the Administrative Agent of each Lender’s Applicable Percentage of the proceeds of the Term Loan, such proceeds will be made available to the Borrowers on the Funding Date, to be disbursed by the Administrative Agent (or its counsel) in like funds as received by the Administrative Agent from the Lenders to RBS Citizens to refinance the existing outstanding obligations of the Borrowers to RBS Citizens under the Existing Loan Facilities. Except as provided below, the Term Loan will initially be a LIBOR Rate Loan provided that at least three (3) Business Days prior to the Closing Date the Borrowers deliver to the Administrative Agent an Initial Notice of Borrowing for a Term Loan (in the form attached hereto as Exhibit 3.3) (“Initial Notice of Borrowing”) and a funding indemnity letter, substantially in the form of Exhibit 3.3(i), reasonably acceptable to the Administrative Agent. If the funding indemnity letter is not so delivered to the Administrative Agent, then the Term Loan will initially be an Alternate Base Rate Loan. LIBOR Rate Loans shall be made by each Lender at its LIBOR Lending Office and Alternate Base Rate Loans (to the extent applicable) at its Domestic Lending Office. Amounts repaid or prepaid on the Term Loan may not be reborrowed.
Funding of the Term Loan. The obligation of the Lenders to make the Term Loan became effective on the date in August 2014 on which each of the following conditions were satisfied (or waived in accordance with Section 13.02):
(a) the Lenders shall have received the Structuring Fee with respect to the Term Loan and any and all other fees and other amounts due and payable on or prior to the Effective Date, including, to the extent invoiced, reimbursement or payment of all expenses required to be reimbursed or paid by the Borrower in accordance with Article IV;
(b) the Agent shall have received a secretary’s certificate setting forth (i) approval by the Borrower and with respect to the authorization of the members of the Borrower Group to execute and deliver the Loan Documents to which any such Person is a party and to enter into the transactions contemplated in those documents, (ii) the officers of the Borrower Group (y) who are authorized to sign the Loan Documents to which each applicable Borrower Group member is a party and (z) who will, until replaced by another officer or officer duly authorized for that purpose, act as its representative for the purposes of signing documents and giving notices and other communications in connection with this Agreement and the transactions contemplated hereby, (iii) specimen signatures of such authorized officers, and (iv) Charter Documents of the Borrower Group member who are parties to the Loan Documents, certified as being true and complete. The Agent and the Lenders may conclusively rely on such certificate until the Agent receives notice in writing from the Borrower to the contrary.
(c) the Agent shall have received certificates of the appropriate State agencies with respect to the existence, qualification and good standing of each member of the Borrower Group;
(d) the Agent shall have received from each party hereto counterparts (in such number as may be requested by the Agent) of this Agreement signed on behalf of such party;
(e) the Agent shall have received the Term Note dated as of the Effective Date;
(f) the Agent shall have received from the Borrower the Common Shares issued in the name of each Lender to effect the Stock Grant and the Agent shall have received duly executed counterparts of the Stock Grant Agreement as provided in Section 9.16;
(g) the Agent shall have received from each party thereto duly executed counterparts (in such number as may be requested by the Lenders) of the Security Instruments, including the Guarantee and ...
Funding of the Term Loan. (a) This Note is effective as of the Closing Date. Xxxxxx agrees, subject to and on the terms and conditions of this Note to loan the Term Loan to Maker by no later than Friday, April 19, 2024 (such date of funding, the “Funding Date”), subject to the satisfaction or waiver in writing of the conditions set forth in Section 5(a) on the Funding Date. Maker shall submit a Borrowing Notice by 9:00 a.m. (or such later time and/or date as agreed to by the Holder) for the Term Loan, on the Closing Date.
(b) Proceeds of the Term Loan shall be wired in accordance with the wire instructions attached hereto as Schedule II.
Funding of the Term Loan. Subject to the terms and conditions hereof, including, without limitation, Section 3.2, Bank has agreed to make a term loan (the “Term Loan”) to Borrowers in the amount of Ten Million Dollars ($10,000,000). Bank shall make the proceeds of the Term Loan available to Borrowers pursuant to written disbursement instructions provided to Bank by Borrowers.
Funding of the Term Loan. Lender shall make the Term Loan to be made by it hereunder on the proposed date thereof available to Borrowers by promptly crediting the amounts in immediately available funds, to the Funding Account.
Funding of the Term Loan. The Lender shall make the Term Loan to be made by it hereunder on the proposed date thereof by wire transfer of immediately available funds, by 12:00 noon, New York City time, to an account of the Borrower and most recently designated by the Borrower for such purpose to the Lender.
Funding of the Term Loan. Subject to the terms and conditions of this Agreement, the Bank shall make a second term loan (the "Second Term Loan") on the date hereof to Borrower in the principal amount of Three Million Two Hundred Thousand Dollars ($3,200,000) (the "Second Term Loan Commitment").
Funding of the Term Loan. Subject to the terms and conditions set forth herein, each Term Loan Lender agrees to retain its portion of the Term Loan outstanding under the Prior Credit Agreement in Dollars in the full amount of its Term Loan Commitment at the Effective Time. Subject to the terms and conditions set forth herein in Amendment No. 4, each Lender shall make an additional Term Loan to the Borrower so that the aggregate amount of the Term Loan as of the Term Amendment Effective Time shall be increased to the amount of such Term Lender’s Term Loan Commitment as of the Term Amendment Effective Time. From and after the Term Amendment Effective Time, all references to the Term Loan shall refer to the Term Loan as so increased. Principal amounts of the Term Loan that have been repaid or prepaid may not be reborrowed.
