Fundings Sample Clauses

Fundings. Lender shall fund each Borrowing on the applicable funding date and, subject to the terms of this Agreement, shall disburse the proceeds as directed by Borrower Agent.

Fundings. (a) Subject to satisfaction of the conditions precedent set forth in Sections 2.11 or 2.12 hereof, as applicable, and Eligible Receivables being available to be acquired pursuant to the Contribution Agreement, during the Funding Period the Issuer may, at its sole option, from time to time request that the Noteholders advance on any Funding Date additional amounts (such amounts, the "Additional Note Principal Balance"), and the Noteholders which are making such advances shall remit the Additional Note Principal Balance in accordance with the terms of the Note Purchase Agreement. Each Noteholder shall record, on the schedule attached to such Noteholder's Note, the date and amount of any Additional Note Principal Balance advanced by it, and each repayment thereof; provided that failure to make such recordation on such schedule or any error in such schedule shall not adversely affect any Noteholder's rights with respect to its Note Principal Balance and its right to receive interest payments in respect of the Note Principal Balance held by such Noteholder. The Indenture Trustee shall keep a written record of the Note Principal Balance, which amount is to be provided by the Servicer in its Monthly Servicer Report of each Note. Absent manifest error, the Note Principal Balance of each Note as set forth in the Noteholder's records shall be binding upon all applicable parties, notwithstanding any other records; provided that failure by any the Indenture Trustee to make such recordation on such Noteholder's records shall not adversely affect any Noteholder's rights with respect to its Note Principal Balance and its right to receive interest payments in respect of the Note Principal Balance held by such Noteholder. (b) The aggregate of the Receivable Balances for a Pool of Receivables (and the Aggregate Receivable Balance, including such Pool of Receivables) shall be determined by the Servicer on behalf of the Issuer and shall be reflected in the Funding Certificate with respect to Receivables identified on the related Schedule of Receivables attached to the Funding Certificate for such Funding. Each Pool shall become subject to this Indenture. (c) The Issuer shall acquire funds in an amount not to exceed the Receivables Advance Amount on the Initial Funding Date or any subsequent Funding Date throughout the Funding Period from the Noteholders, upon the request of the Issuer, and the making of advances by the Noteholders of Additional Note Principal Balances in acco...

Fundings. Any Advance required to be made by Lessor pursuant to any Operative Document shall be made by the Participants making a Funding directly to the Administrative Agent. Such Funding by the Participants to the Administrative Agent with respect to an Advance and any Advance by the Administrative Agent to any Person entitled to payments constituting Project Costs, including Contingent Rent, Fees, Yield or Transaction Expenses shall be deemed to constitute the required Advance by the Participants.

Fundings. The obligation of any Lenders to fund its Loans on the occasion of any Funding is subject to the satisfaction of the following conditions: (a) in the case of the Funding on the Closing Date, the conditions precedent set forth in Section 3.1 have been fully satisfied on or prior to the Closing Date; (b) the Administrative Agent shall have received a Notice of Funding as required by Section 2.2 and the conditions set forth in this Section 3.2 are met in connection with such Funding (as evidenced by the Notice of Funding); (c) immediately before and after giving effect to such Funding (and, for the avoidance of doubt, if any of the following limits would be exceeded on a pro forma basis, such Funding shall not be permitted), (i) the aggregate outstanding principal amount of the Revolving Loans shall not exceed the Total Revolving Commitment as in effect on such Funding Date, (ii) the aggregate outstanding principal amount of the Term Loans shall not exceed the Total Term Commitment in effect on such Funding Date and (iii) the Portfolio Advance Rate Test shall be satisfied; (d) no Commitment Shortfall shall exist after giving effect to such Funding; (e) immediately before and after such Funding, no Default shall have occurred and be continuing both before and after giving effect to the funding of such Loans; (f) each of the representations and warranties of the Borrower contained in this Agreement and each of the other Loan Documents shall be true and correct in all material respects on and as of the date of such Funding (unless stated to relate solely to an earlier date, in which case such representations and warranties shall be true and correct in all material respects as of such earlier date) both before and after giving effect to the funding of such Loans; (g) no law or regulation shall have been adopted, no order, judgment or decree of any Governmental Authority shall have been issued, and no litigation shall be pending or, to the actual knowledge of a Senior Authorized Officer of the Borrower, threatened, which does or, with respect to any threatened litigation, seeks to enjoin, prohibit or restrain the funding or repayment of the Loans or the consummation of the transactions among the Borrower, the Servicer, the Lenders and the Agents contemplated by this Agreement; (h) each of the Loan Documents remains in full force and effect and is the binding and enforceable obligation of the Borrower and the Servicer, in each case, to the extent such Person is a p...

Fundings. (a) Upon satisfaction (or waiver) of the conditions thereto set forth in this Agreement, the closing of the issuance of the Warrants and the first payment of the Grant (the "Initial Alliance Grant Funding") shall take place at the offices of Swidler Berlin Shereff Friedman, LLP, 3000 K Street, NW, Washington, XX 00007, on February 00, 0000 or at xxxx xxxxx xxxxx xxx xxxx xx xxx Xxxxxxs may agree in writing, but in no event later than February 22, 2001. At the Initial Alliance Grant Funding, the Parties shall deliver the documents and agreements they are required to deliver pursuant to Article IX hereof CFFTI shall pay [*****************************************************] of the Grant by wire transfer of immediately available funds to the account specified in Schedule 2.5(a) (the "Initial Grant Funding Amount"), and the Parties shall deliver such other documents, agreements and certificates as a Party may reasonably request in connection with the Initial Alliance Grant Funding. (b) Subject to the terms and conditions of this Agreement, CFFTI shall make additional Grant payments to the Company within [*********] after receipt of an invoice from the Company therefore delivered in accordance with the Milestone Grant Funding Plan (but in no event shall CFFTI be required to make a Grant payment prior to [************************************] specified on the Milestone Grant Funding Plan) by paying the specified CFFTI Funding Amount by wire transfer of immediately available funds to the account specified in Schedule 2.5(a) attached hereto provided that no Technical Failure shall have occurred as of the date of such payment; and provided, further: PORTIONS OF THIS EXHIBIT WERE OMITTED AND HAVE BEEN FILED SEPARATELY WITH THE SECRETARY OF THE COMMISSION PURSUANT TO THE COMPANY'S APPLICATION REQUESTING CONFIDENTIAL TREATMENT UNDER RULE 406 OF THE SECURITIES ACT. EXECUTION COPY (i) If CFFTI has paid the Initial Grant Funding Amount and each of the CFFTI Funding Amounts previously invoiced and due in accordance with the terms hereof, and the Company [**************************************************************], then CFFTI will not be obligated to [***************************] of the Grant or any further CFFTI Funding Amounts that would otherwise be due pursuant to invoices provided by the Company in accordance with the Milestone Grant Funding Plan until [************************], at which time CFFTI's obligation to make [*******] payments of the CFFTI Funding Amo...

Fundings. (a) Each Lender will make available the Term Loan to be made by it hereunder on the Closing Date by wire transfer in immediately available funds to the Administrative Agent at the Payment Office. The Administrative Agent will make such Loans available to the Borrower by effecting a wire transfer of such amounts to an account designated by the Borrower to the Administrative Agent. (b) Unless the Administrative Agent shall have been notified by any Lender prior to the Closing Date that such Lender will not make available to the Administrative Agent such Lender’s Term Loan, the Administrative Agent may assume that such Lender has made such amount available to the Administrative Agent on such date, and the Administrative Agent, in reliance on such assumption, may make available to the Borrower on such date a corresponding amount. If such corresponding amount is not in fact made available to the Administrative Agent by such Lender on the Closing Date, the Administrative Agent shall be entitled to recover such corresponding amount on demand from such Lender together with interest at the Federal Funds Rate for up to two (2) days and thereafter at the rate specified for such Term Loan. If such Lender does not pay such corresponding amount forthwith upon the Administrative Agent’s demand therefor, the Administrative Agent shall promptly notify the Borrower, and the Borrower shall immediately pay such corresponding amount to the Administrative Agent together with interest at the rate specified for such Term Loan. Nothing in this subsection shall be deemed to relieve any Lender from its obligation to fund its Pro Rata Share of the Term Loans hereunder or to prejudice any rights which the Borrower may have against any Lender as a result of any default by such Lender hereunder. (c) The funding of the Term Loans on the Closing Date shall be made by the Lenders on the basis of their respective Pro Rata Shares. No Lender shall be responsible for any default by any other Lender in its obligations hereunder, and each Lender shall be obligated to make its Loans provided to be made by it hereunder, regardless of the failure of any other Lender to make its Loans hereunder.

Fundings. Each initial Noteholder, by its execution of a Purchase Agreement and acceptance of a Note, has agreed, and each subsequent Noteholder, by its execution of a Transferee Certificate and acceptance of a Note, shall have agreed, on the terms and conditions set forth herein and in the related Purchase Agreement or Transferee Certificate as applicable, to make Fundings to the Issuer in the Funding Amount requested by Issuer on each Funding Date in accordance with this Agreement. Each Funding Date after the first Funding Date must be the first day of a Note Rate Period unless otherwise agreed by the Noteholders. On the initial Funding Date, the Noteholders agree to make a Funding in an amount equal to the Initial Note Balance. The Noteholders shall not in any event be obligated to make any Funding to the extent it is less than the Funding Date Minimum Amount. Notwithstanding anything to the contrary in this Agreement, each Noteholder which signs a Purchase Agreement shall remain obligated to make all Fundings, upon compliance by Issuer with all conditions to such Funding, whether or not such Noteholder sells all or any portion of the Notes to a subsequent Noteholder, and whether or not such subsequent Noteholder assumes an obligation to make all or a portion of the Fundings; provided, however, that Issuer shall have not unreasonably withhold its consent to release any selling Noteholder from its obligation to make Fundings.

Fundings. Upon and subject to the terms and conditions hereof and of the other Operative Documents, GE Capital will make Fundings on a monthly basis commencing not more than six (6) months prior to the date that is expected to be the Construction Completion Date as evidenced by the certificate of the Construction Consultant provided pursuant to Section 7(a)(18) hereof.

Fundings. The funding of Term Loan B on the Closing Date shall be a condition to the funding of Term Loan A and the making of Revolving Advances under the Revolving Commitment on the Closing Date. The funding of the Term Loan A and the making of Revolving Advances in an aggregate amount of no less than $15,000,000 under the Revolving Commitment on the Closing Date shall be a condition to the funding of Term Loan B on the Closing Date;

Fundings. SECTION 2.2(e) of the Master Agreement is hereby amended by deleting the phrase "the Lessee reasonably believes will be due in the 90 days following such Funding from the Lessee" where it appears in the first sentence thereof and substituting therefor the phrase "are then due".