Increase to Revolving Loan Commitment. Borrower may request and the Lender may, in its sole and absolute discretion (employing substantially the same analysis and metrics the Lender used when determining to originally extend credit hereunder), agree that on such later indeterminate dates, Lender further increases the Revolving Loan Commitment; and Lender, in its sole discretion, may, but in any event, is not required to, make available such additional Revolving Loan Commitment increases to Borrower provided the following conditions have been satisfied, in Lender’s sole and absolute discretion: (i) no Event of Default shall have occurred or be continuing, or result from the applicable increase of the Revolving Loan Commitment; (ii) Borrower shall have executed and delivered a new or revised Revolving Note; (iii) after giving effect to such increase, the amount of the aggregate outstanding principal balance of all Revolving Loans shall not be in excess of the Revolving Loan Availability; (iv) Lender shall have reviewed and accepted, in its sole and absolute discretion, the amount and type of current and historical Receipts of the Credit Parties, or other Collateral required for the increase; and (v) Lender shall have received any and all additional documents or agreements included in Section 3 hereof as it shall require in its sole discretion.
Appears in 3 contracts
Samples: Senior Secured Revolving Credit Facility Agreement (Cd International Enterprises, Inc.), Senior Secured Revolving Credit Facility Agreement (Hypertension Diagnostics Inc /Mn), Senior Secured Revolving Credit Facility Agreement (Comprehensive Care Corp)
Increase to Revolving Loan Commitment. Borrower may request and the Lender mayrequest, in its sole and absolute discretion (employing substantially the same analysis and metrics the Lender used when determining from time to originally extend credit hereunder)time, agree that on such later indeterminate dates, Lender further increases the Revolving Loan CommitmentCommitment be increased to up to Five Million Dollars ($5,000,000); and Lender, in its sole discretion, may, but in any event, is not required to, may make available such additional Revolving Loan Commitment increases to Borrower provided Borrower. Lender’s election to increase the Revolving Loan Commitment from time to time may be granted or denied by Lender in its sole and absolute discretion, however, at a minimum, the following conditions have been must be satisfied, in Lender’s sole and absolute discretion:
(i) no Event of Default shall have occurred or be continuing, or result from the applicable increase of the Revolving Loan Commitment;
(ii) Borrower shall have executed and delivered a new or revised Revolving Note;
(iii) after After giving effect to such increase, the amount of the aggregate outstanding principal balance of all Revolving Loans shall not be in excess of the Revolving Loan Availability;; and
(iv) Lender shall have reviewed and accepted, in its sole and absolute discretion, the amount and type of current and historical Receipts of the Credit PartiesBorrower, or other Collateral required for the increase; and
(v) Lender shall have received any and all additional documents or agreements included in Section 3 hereof as it shall require in its sole discretion.
Appears in 2 contracts
Samples: Credit Agreement, Credit Agreement (Social Reality)
Increase to Revolving Loan Commitment. Borrower may request and the Lender may, in its sole and absolute discretion (employing substantially the same analysis and metrics the Lender used when determining to originally extend credit hereunder), agree that on such later indeterminate dates, Lender further increases the Revolving Loan Commitment; and Lender, in its sole discretion, may, but in any event, is not required to, make available such additional Revolving Loan Commitment increases to Borrower provided the following conditions have been satisfied, in Lender’s sole and absolute discretion:
(i) : no Event of Default shall have occurred or be continuing, or result from the applicable increase of the Revolving Loan Commitment;
(ii) ; Borrower shall have executed and delivered a new or revised Revolving Note;
(iii) ; after giving effect to such increase, the amount of the aggregate outstanding principal balance of all Revolving Loans shall not be in excess of the Revolving Loan Availability;
(iv) ; Lender shall have reviewed and accepted, in its sole and absolute discretion, the amount and type of current and historical Receipts of the Credit Parties, or other Collateral required for the increase; and
(v) and Lender shall have received any and all additional documents or agreements included in Section 3 hereof as it shall require in its sole discretion.
Appears in 1 contract
Samples: Senior Secured Revolving Credit Facility Agreement (Oncologix Tech Inc.)
Increase to Revolving Loan Commitment. Borrower may request and the Lender may, in its sole and absolute discretion (employing substantially the same analysis and metrics the Lender used when determining to originally extend credit hereunder), agree that on such later indeterminate dates, Lender further increases the Revolving Loan Commitment; and Lender, in its sole discretion, may, but in any event, is not required to, make available such additional Revolving Loan Commitment increases to Borrower provided the following conditions have been satisfied, in Lender’s sole and absolute discretion:
(i) no Event of Default shall have occurred or be continuing, ,or result from the applicable increase of the Revolving Loan Commitment;
(ii) Borrower shall have executed and delivered a new or revised Revolving Note;
(iii) after giving effect to such increase, the amount of the aggregate outstanding principal balance of all Revolving Loans shall not be in excess of the Revolving Loan Availability;
(iv) Lender shall have reviewed and accepted, in its sole and absolute discretion, the amount and type of current and historical Receipts of the Credit Parties, or other Collateral required for the increase; and
(v) Lender shall have received any and all additional documents or agreements included in Section 3 hereof as it shall require in its sole discretion.
Appears in 1 contract
Samples: Senior Secured Revolving Credit Facility Agreement (Revolutionary Concepts Inc)
Increase to Revolving Loan Commitment. Borrower may request and the Lender may, in its sole and absolute discretion (employing substantially the same analysis and metrics the Lender used when determining to originally extend credit hereunder), agree that on such later indeterminate dates, Lender further increases to increase the Revolving Loan CommitmentCommitment to such additional amounts and at such times as may be determined by the Lender in its sole discretion, up to an amount not to exceed Four Million and No/100 United States Dollars (US$4,000,000); and Lender, in its sole discretion, may, but in any event, is not required to, make available such additional Revolving Loan Commitment increases to Borrower provided the following conditions have been satisfied, in Lender’s sole and absolute discretion:
: (i) no Event of Default shall have occurred or and be continuing, continuing or result from the applicable increase of the Revolving Loan Commitment;
; (ii) Borrower shall have executed and delivered a new or revised Revolving Note;
; (iii) after giving effect to such increase, the amount of the aggregate outstanding principal balance of all Revolving Loans shall not be in excess of the Revolving Loan Availability;
; and (iv) Lender shall have reviewed and accepted, in its sole and absolute discretion, accepted the amount and type of current and historical Receipts of the Credit Parties, or other Collateral required for the increase; and
(v) Lender shall have received any and all additional documents or agreements included in Section 3 hereof as it shall require in its sole discretionAccounts that are to be Eligible Accounts.
Appears in 1 contract
Samples: Senior Secured Revolving Credit Facility Agreement (Medytox Solutions, Inc.)
Increase to Revolving Loan Commitment. Borrower Borrowers may request and the Lender mayrequest, in its sole and absolute discretion (employing substantially the same analysis and metrics the Lender used when determining from time to originally extend credit hereunder)time, agree that on such later indeterminate dates, Lender further increases the Revolving Loan CommitmentCommitment be increased to up to Seven Million Dollars ($7,000,000); and Lender, in its sole discretion, may, but in any event, is not required to, may make available such additional Revolving Loan Commitment increases to Borrower provided Borrowers. Lender’s election to increase the Revolving Loan Commitment from time to time may be granted or denied by Lender in its sole and absolute discretion, however, at a minimum, the following conditions have been must be satisfied, in Lender’s sole and absolute discretion:
(i) no Event of Default shall have occurred or and be continuing, or result from the applicable increase of the Revolving Loan Commitment;
(ii) Borrower Borrowers shall have executed and delivered a new or revised Revolving Note;
(iii) after After giving effect to such increase, the amount of the aggregate outstanding principal balance of all Revolving Loans shall not be in excess of the Revolving Loan Availability;; and
(iv) Lender shall have reviewed and accepted, in its sole and absolute discretion, the amount and type of current and historical Receipts of the Credit PartiesBorrowers, or other Collateral required for the increase; and
(v) Lender shall have received any and all additional documents or agreements included in Section 3 hereof as it shall require in its sole discretion.
Appears in 1 contract
Samples: Credit Agreement (Dr. Tattoff, Inc.)
Increase to Revolving Loan Commitment. Borrower may request and the Lender may, in its sole and absolute discretion (employing substantially the same analysis and metrics the Lender used when determining to originally extend credit hereunder), agree that on such later indeterminate dates, Lender further increases to increase the Revolving Loan CommitmentCommitment to such additional amounts and at such times as may be determined by the Lender in its sole discretion, up to an amount not to exceed Fifteen Million and No/100 United States Dollars (US$15,000,000); and Lender, in its sole discretion, may, but in any event, is not required to, make available such additional Revolving Loan Commitment increases to Borrower provided the following conditions have been satisfied, in Lender’s sole and absolute discretion:
: (i) no Event of Default shall have occurred or and be continuing, continuing or result from the applicable increase of the Revolving Loan Commitment;
; (ii) Borrower shall have executed and delivered a new or revised Revolving Note;
; (iii) after giving effect to such increase, the amount of the aggregate outstanding principal balance of all Revolving Loans shall not be in excess of the Revolving Loan Availability;
; and (iv) Lender shall have reviewed and accepted, in its sole and absolute discretion, accepted the amount and type of current and historical Receipts of the Credit Parties, or other Collateral required for the increase; and
(v) Lender shall have received any and all additional documents or agreements included in Section 3 hereof as it shall require in its sole discretionAccounts that are to be Eligible Accounts.
Appears in 1 contract
Samples: Senior Secured Revolving Credit Facility Agreement (Medytox Solutions, Inc.)
Increase to Revolving Loan Commitment. Borrower Borrowers may request and the Lender mayrequest, in its sole and absolute discretion (employing substantially the same analysis and metrics the Lender used when determining from time to originally extend credit hereunder)time, agree that on such later indeterminate dates, Lender further increases the Revolving Loan CommitmentCommitment be increased to up to Two Million Dollars ($2,000,000); and Lender, in its sole discretion, may, but in any event, is not required to, may make available such additional Revolving Loan Commitment increases to Borrower provided Borrowers. Lender’s election to increase the Revolving Loan Commitment from time to time may be granted or denied by Lender in its sole and absolute discretion, however, at a minimum, the following conditions have been must be satisfied, in Lender’s sole and absolute discretion:
(i) no Event of Default shall have occurred or be continuing, or result from the applicable increase of the Revolving Loan Commitment;
(ii) Borrower Borrowers shall have executed and delivered a new or revised Revolving Note;
(iii) after After giving effect to such increase, the amount of the aggregate outstanding principal balance of all Revolving Loans shall not be in excess of the Revolving Loan Availability;; and
(iv) Lender shall have reviewed and accepted, in its sole and absolute discretion, the amount and type of current and historical Receipts of the Credit PartiesBorrowers, or other Collateral required for the increase; and
(v) Lender shall have received any and all additional documents or agreements included in Section 3 hereof as it shall require in its sole discretion.
Appears in 1 contract
Samples: Credit Agreement (Wild Craze, Inc.)
Increase to Revolving Loan Commitment. Borrower may request and the Lender may, in its sole and absolute discretion (employing substantially the same analysis and metrics the Lender used when determining to originally extend credit hereunder), agree that on such later indeterminate dates, Lender further increases the Revolving Loan CommitmentCommitment up to an amount not to exceed Two Million and No/100 United States Dollars (US$2,000,000); and Lender, in its sole discretion, may, but in any event, is not required to, make available such additional Revolving Loan Commitment increases to Borrower provided the following conditions have been satisfied, in Lender’s sole and absolute discretion:
(i) no Event of Default shall have occurred or and be continuing, continuing or result from the applicable increase of the Revolving Loan Commitment;
(ii) Borrower shall have executed and delivered a new or revised Revolving Note;
(iii) after After giving effect to such increase, the amount of the aggregate outstanding principal balance of all Revolving Loans shall not be in excess of the Revolving Loan Availability;; and
(iv) Lender shall have reviewed any Account Debtor and accepted, in its sole any Credit Card Processor reports/statements and absolute discretion, any and all other documentation deemed advisable by the Lender and the Lender shall have accepted and agreed to the amount of funds which are held by any Account Debtor and type of current and historical Receipts any Credit Card Processor for the benefit of the Credit Parties, or other Collateral required for the increase; and.
(v) Lender shall have received any reviewed and all additional documents or agreements included in Section 3 hereof as it shall require in its sole discretionaccepted the amount and type of Accounts that are to be Eligible Accounts.
Appears in 1 contract
Samples: Senior Secured Revolving Credit Facility Agreement (ePunk, Inc.)
Increase to Revolving Loan Commitment. Borrower Borrowers may request and the Lender may, in its sole and absolute discretion request: (employing substantially the same analysis and metrics the Lender used when determining to originally extend credit hereunder), agree I) that on such later indeterminate datesthe ninetieth (90th) day following the Closing Date, Lender further increases increase the Revolving Loan CommitmentCommitment to One Million Three Hundred Thousand Dollars ($1,350,000) (“First Commitment Increase”); and (II) that at any time after the First Commitment Increase but prior to the Revolving Loan Maturity Date, that the Revolving Loan Commitment be increased to up to Five Million Dollars ($5,000,000); and Lender, in its sole discretion, may, but in any event, is not required to, may make available such additional the foregoing Revolving Loan Commitment increases to Borrower in such amounts as Lender may determine provided the following conditions have been satisfied, in Lender’s sole and absolute discretion:
(i) no Event of Default shall have occurred or be continuing, continuing or result from the applicable increase of the Revolving Loan Commitment;
(ii) Borrower Borrowers shall have executed and delivered a new or revised Revolving Note;
(iii) after After giving effect to such increase, the amount of the aggregate outstanding principal balance of all Revolving Loans shall not be in excess of the Revolving Loan Availability;; and
(iv) Lender shall have reviewed and accepted, in its sole and absolute discretion, accepted the amount and type of current and historical Receipts of the Credit Parties, or other Collateral required for the increase; and
(v) Lender shall have received any and all additional documents or agreements included in Section 3 hereof as it shall require in its sole discretionAccounts that are to be Eligible Accounts.
Appears in 1 contract
Increase to Revolving Loan Commitment. Borrower Borrowers may request and the Lender mayrequest, in its sole and absolute discretion (employing substantially the same analysis and metrics the Lender used when determining from time to originally extend credit hereunder)time, agree that on such later indeterminate dates, Lender further increases the Revolving Loan CommitmentCommitment be increased to up to Ten Million Dollars ($10,000,000); and Lender, in its sole discretion, may, but in any event, is not required to, may make available such additional Revolving Loan Commitment increases to Borrower provided the following conditions have been satisfied, in Borrowers. Lender’s election to increase the Revolving Loan Commitment from time to time may be granted or denied by Lender in its sole and absolute discretion, however, at a minimum, the following conditions must be satisfied:
(i) no Event of Default shall have occurred or be continuing, or result from the applicable increase of the Revolving Loan Commitment;
(ii) Borrower Borrowers shall have executed and delivered a new or revised Revolving Note reflecting the increase and otherwise in the form of the pre-existing Revolving Note;
(iii) after After giving effect to such increase, the amount of the aggregate outstanding principal balance of all Revolving Loans shall not be in excess of the Revolving Loan Availability;
(iv) Lender shall have reviewed and accepted, in its sole and absolute discretion, the amount and type of current and historical Receipts of the Credit PartiesBorrowers, or other Collateral required for the increase; and
(v) Future Projects approved by Lender whose Receipts shall have received any be remitted through the Lock Box Account and all additional documents or agreements included in Section 3 hereof as it which shall require in its sole discretionbe added to the Collateral.
Appears in 1 contract
Samples: Credit Agreement (Blue Earth, Inc.)
Increase to Revolving Loan Commitment. Borrower may request and the Lender may, in its sole and absolute discretion (employing substantially the same analysis and metrics the Lender used when determining to originally extend credit hereunder), agree x) that on such later indeterminate datesthe One-Hundred Twentieth (120th) day following the Closing Date, Lender further increases increase the Revolving Loan CommitmentCommitment to Five Hundred Thousand and No/100 Dollars ($500,000) ("First Commitment Increase"); and (y) following such First Commitment Increase, one additional time prior to the Revolving Loan Maturity Date, that the Revolving Loan Commitment be increased up to One Million and No/I 00 Dollars ($1,000,000); and Lender, in its sole discretion, may, but in any event, is not required to, may make available such additional Revolving Loan Commitment increases to Borrower provided the following conditions have been satisfied, in Lender’s 's sole and absolute discretion:
(i) no Event of Default shall have occurred or be continuing, continuing or result from the applicable increase of the Revolving Loan Commitment;
(ii) Borrower shall have executed and delivered a new or revised Revolving Note;
(iii) after After giving effect to such increase, the amount of the aggregate outstanding principal balance of all Revolving Loans shall not be in excess of the Revolving Loan Availability;; and
(iv) Lender shall have reviewed and accepted, in its sole and absolute discretion, accepted the amount and type of current and historical Receipts of the Credit Parties, or other Collateral required for the increase; and
(v) Lender shall have received any and all additional documents or agreements included in Section 3 hereof as it shall require in its sole discretionAccounts that are to be Eligible Accounts.
Appears in 1 contract
Increase to Revolving Loan Commitment. Borrower Borrowers may request and the Lender mayrequest, in its sole and absolute discretion (employing substantially the same analysis and metrics the Lender used when determining from time to originally extend credit hereunder)time, agree that on such later indeterminate dates, Lender further increases the Revolving Loan CommitmentCommitment be increased to up to Five Million Dollars ($5,000,000); and Lender, in its sole discretion, may, but in any event, is not required to, may make available such additional Revolving Loan Commitment increases to Borrower provided Borrowers. Lender’s election to increase the Revolving Loan Commitment from time to time may be granted or denied by Lender in its sole and absolute discretion, however, at a minimum, the following conditions have been must be satisfied, in Lender’s sole and absolute discretion:
(i) no Event of Default shall have occurred or be continuing, or result from the applicable increase of the Revolving Loan Commitment;
(ii) Borrower Borrowers shall have executed and delivered a new or revised Revolving Note;
(iii) after After giving effect to such increase, the amount of the aggregate outstanding principal balance of all Revolving Loans shall not be in excess of the Revolving Loan Availability;; and
(iv) Lender shall have reviewed and accepted, in its sole and absolute discretion, the amount and type of current and historical Receipts of the Credit PartiesBorrowers, or other Collateral required for the increase; and
(v) Lender shall have received any and all additional documents or agreements included in Section 3 hereof as it shall require in its sole discretion.
Appears in 1 contract
Increase to Revolving Loan Commitment. Borrower Borrowers may request and the Lender mayrequest, in its sole and absolute discretion (employing substantially the same analysis and metrics the Lender used when determining from time to originally extend credit hereunder)time, agree that on such later indeterminate dates, Lender further increases the Revolving Loan CommitmentCommitment be increased to up to Six Million Dollars ($6,000,000); and Lender, in its sole discretion, may, but in any event, is not required to, may make available such additional Revolving Loan Commitment increases to Borrower provided Borrowers. Lender’s election to increase the Revolving Loan Commitment from time to time may be granted or denied by Lender in its sole and absolute discretion, however, at a minimum, the following conditions have been must be satisfied, in Lender’s sole and absolute discretion:
(i) no Event of Default shall have occurred or be continuing, or result from the applicable increase of the Revolving Loan Commitment;
(ii) Borrower Borrowers shall have executed and delivered a new or revised Revolving Note;; The registrant agrees to furnish supplementally a copy of any omitted schedule to the Commission upon request.
(iii) after After giving effect to such increase, the amount of the aggregate outstanding principal balance of all Revolving Loans shall not be in excess of the Revolving Loan Availability;; and
(iv) Lender shall have reviewed and accepted, in its sole and absolute discretion, the amount and type of current and historical Receipts of the Credit PartiesBorrower, or other Collateral required for the increase; and
(v) Lender shall have received any and all additional documents or agreements included in Section 3 hereof as it shall require in its sole discretion.
Appears in 1 contract
Increase to Revolving Loan Commitment. Borrower may request and the Lender mayrequest, in its sole and absolute discretion (employing substantially the same analysis and metrics the Lender used when determining from time to originally extend credit hereunder)time, agree that on such later indeterminate dates, Lender further increases the Revolving Loan CommitmentCommitment be increased to up to Five Million Dollars ($5,000,000); and Lender, in its sole discretion, may, but in any event, is not required to, may make available such additional Revolving Loan Commitment increases to Borrower provided Borrower. Lender’s election to increase the Revolving Loan Commitment from time to time may be granted or denied by Lender in its sole and absolute discretion, however, at a minimum, the following conditions have been must be satisfied, in Lender’s sole and absolute discretion:
(i) no Event of Default shall have occurred or be continuing, or result from the applicable increase of the Revolving Loan Commitment; Revolving Note;
(ii) Borrower shall have executed and delivered a new or revised Revolving Note;revised
(iii) after After giving effect to such increase, the amount of the aggregate outstanding principal balance of all Revolving Loans shall not be in excess of the Revolving Loan Availability;; and
(iv) Lender shall have reviewed and accepted, in its sole and absolute discretion, the amount and type of current and historical Receipts of the Credit PartiesBorrower, or other Collateral required for the increase; and
(v) Lender shall have received any and all additional documents or agreements included in Section 3 hereof as it shall require in its sole discretion.
Appears in 1 contract
Increase to Revolving Loan Commitment. Borrower Borrowers may request and the Lender mayrequest, in its sole and absolute discretion (employing substantially the same analysis and metrics the Lender used when determining from time to originally extend credit hereunder)time, agree that on such later indeterminate dates, Lender further increases the Revolving Loan CommitmentCommitment be increased to up to Ten Million Dollars ($10,000,000); and Lender, in its sole discretion, may, but in any event, is not required to, may make available such additional Revolving Loan Commitment increases to Borrower provided Borrowers. Lender’s election to increase the Revolving Loan Commitment from time to time may be granted or denied by Lender in its sole and absolute discretion, however, at a minimum, the following conditions have been must be satisfied, in Lender’s sole and absolute discretion:
(i) no Event of Default shall have occurred or be continuing, or result from the applicable increase of the Revolving Loan Commitment;
(ii) Borrower Borrowers shall have executed and delivered a new or revised Revolving Note;
(iii) after After giving effect to such increase, the amount of the aggregate outstanding principal balance of all Revolving Loans shall not be in excess of the Revolving Loan Availability;; and
(iv) Lender shall have reviewed and accepted, in its sole and absolute discretion, the amount and type of current and historical Receipts of the Credit PartiesBorrowers, or other Collateral required for the increase; and
(v) Lender shall have received any and all additional documents or agreements included in Section 3 hereof as it shall require in its sole discretion.
Appears in 1 contract
Increase to Revolving Loan Commitment. Borrower Borrowers may request and the request: (I) that Lender may, in its sole and absolute discretion (employing substantially the same analysis and metrics the Lender used when determining to originally extend credit hereunder), agree that on such later indeterminate dates, Lender further increases increase the Revolving Loan CommitmentCommitment to up to One Million Four Hundred Fifty Thousand Dollars ($1,450,000) (“First Commitment Increase”); and Lender(II) that at any time after the First Commitment Increase but prior to the Revolving Loan Commitment Maturity Date, in its sole discretion, may, but in any event, is not required to, that the Revolving Loan Commitment be increased to up to Two Million Dollars ($2,000,000); and Lender agrees to make available such additional the foregoing Revolving Loan Commitment increases to Borrower provided the following conditions have been satisfied, in Lender’s sole and absolute discretion:
(i) no Event of Default shall have occurred or be continuing, continuing or result from the applicable increase of the Revolving Loan Commitment;
(ii) Borrower Borrowers shall have executed and delivered new Revolving Notes for any Revolving Loans made as a new or revised result of such Revolving NoteLoan Commitment increase;
(iii) after After giving effect to such increase, the amount of the aggregate outstanding principal balance of all Revolving Loans shall not be in excess of the Revolving Loan Availability;; and
(iv) Lender shall have reviewed and acceptedThe amount of the increase may be determined by Lender, in its sole and absolute discretion, depending on Lender’s review and acceptance of the amount and type of current Accounts that are to be Eligible Accounts, the amounts of Daily Receipts being historically swept into the Lock Box Account and historical Receipts the value of the Credit Parties, or other Collateral required for the increase; and
(v) Lender shall have received any and all additional documents or agreements included in Section 3 hereof as it shall require in its sole discretionCollateral.
Appears in 1 contract