Interim Advances. Disbursements for the payment of or the reimbursement of Agent for components of Unit Acquisition Cost for a Unit shall be made upon the request of Agent from time to time, based upon the certifications of Agent contained in an Interim Advance Certificate. Owner shall have no obligation to make Interim Advances more often than once every seven (7) days.
Interim Advances a. In the event that, during the 90-day period following any termination of the Executive's employment after a Change in Control there is a bona fide dispute between the Company and the Executive with respect to the Executive's entitlement to any payments under this Agreement as a result of such termination and such dispute has not been resolved within 90 days after the date of the Termination Event, then, subject to Section 9(c), the Company shall pay to the Executive, as an advance against any amounts that are claimed to be due to the Executive under this Agreement, on 91st day after the Termination Event and on the same date of each succeeding month until such dispute is resolved, an amount equal to the Executive's monthly base salary as in effect immediately prior to the Change in Control.
b. Following any termination of the Executive's employment after a Change of Control and until determination of the Executive's eligibility for payments under Section 2 hereof, the Company shall, at the request of the Executive and subject to Section 9(c), make the payments specified in Section 2(b) hereof as advances against payments that may ultimately be payable under Section 2.
c. The Company shall not be required to pay any amount set forth in this Section 9 except upon receipt of a written undertaking by the Executive to repay all such amounts to which Executive is ultimately determined not to be entitled.
Interim Advances. If at any time the Revolving Outstandings exceeds the Borrowing Base or Section 11.13.3 is violated, and without limiting the other rights and remedies of the Administrative Agent and the Facility A Lenders hereunder and under the other Loan Documents, the Borrowers shall immediately, and without the necessity of demand by the Administrative Agent, make the mandatory prepayment required pursuant to Section 6.2.2(b) to the Administrative Agent; provided, that the Administrative Agent may, at its option and in its sole discretion, permit such excess (the “Interim Advance”) to remain outstanding and continue to advance Revolving Loans to the Borrowers on behalf of the Facility A Lenders without the consent of any Lender for a period of up to thirty (30) calendar days, so long as (i) the amount of the Interim Advances does not exceed at any time Three Million Five Hundred Thousand and No/100 Dollars ($3,500,000.00), (ii) the Revolving Outstanding do not exceed the Revolving Commitment, and (iii) in the case of any subsequent Interim Advances, the Administrative Agent has not been notified by the Facility A Required Lenders to cease making such Revolving Loans. If the Interim Advance is not repaid (or otherwise eliminated) in full within thirty (30) days of the initial occurrence of the Interim Advance, no future advances may be made to the Borrowers without the consent of all Facility A Lenders until the Interim Advance is repaid in full.
Interim Advances. Disbursements for Project Costs shall be made as the same are incurred within the limits of the Budget, based upon the certifications of Agent contained in an Interim Advance Certificate.
Interim Advances. The Agent may, in its sole discretion and without having any obligation to do so, make interim advances (hereinafter sometimes referred to as "Interim Advances") of its own funds to the Borrower in an aggregate amount not to exceed $5,000,000 at any one time outstanding; provided, however, that no Interim Advances shall be made after the Agent has received written requests not to make Interim Advances from the Requisite Banks or unless all conditions precedent for an Advance have been met. The aggregate amount of all Interim Advances outstanding on the date any regular Advance is made shall be included as a previously disbursed portion of such regular Advance in which each Bank shall participate based upon its Ratable Share and the Agent shall thereupon be immediately reimbursed for the full amount of such Interim Advances from the proceeds of such regular Advance. If no regular Advance is made for any period of 60 days, whether by reason of the failure to comply with any condition for a regular Advance or otherwise, each Bank shall, upon request of the Agent, on the Business Day after receiving such request, remit to the Agent such Bank's Ratable Share of all outstanding Interim Advances, whereupon, such Interim Advances shall be automatically converted to a regular Prime Rate Advance effective on such next Business Day. In no event will any Interim Advance be made if, after giving effect to such Interim Advance, the aggregate principal amount of all Advances would exceed $100,000,000.00.
Interim Advances. Continuing Conditions to the Lender's ------------------------------------------------------ Obligations to Make Loan Advances. Lender shall not be obligated to make --------------------------------- any Advances hereunder unless and until each and every one of the conditions set forth in Sections 2.01 and 5.01 hereof (which shall ---- ---- constitute continuing conditions for all Advances hereunder) and the following further conditions shall have been satisfied (with proof thereof in form and sufficiency as may be requested by Lender):
Interim Advances. (a) In addition to Lessee's right to obtain Construction Advances upon completion of New Improvements on a Parcel as provided for in subsection 1.04(b) above, Lessee may obtain "Interim Advances" (herein so-called) to reimburse Lessee for costs theretofore incurred in connection with the construction of New Improvements that are not yet completed and are therefore not yet eligible for Construction Advances pursuant to subsection 1.04(b). Interim Advances shall be treated as "Construction Advances" and "Advances" for all purposes of the Transaction Agreement and the other Transaction Documents, except as otherwise specifically provided in this Section 1.09.
(b) Interim Advances may be obtained by Lessee not more than six (6) times per annum. For administrative convenience of the parties Lessee will use its best efforts to coordinate the timing of Interim Advance requests with requests for other Advances for which Lessee may be eligible. No Parcel for which the Required Completion Date will occur within the next two (2) months shall be eligible for inclusion in any Interim Advance.
(c) The amount of each Interim Advance shall be not less than $250,000.00. Costs associated with the New Improvements on more than one Parcel may be aggregated to reach the required minimum size for the Interim Advance, but costs for each Parcel shall be accounted for separately. No more than 60% of the anticipated costs of construction of the New Improvements on any particular Parcel shall be included in an Interim Advance with respect to such Parcel, with all remaining costs being funded only through a Construction Advance pursuant to Section 1.04(b) upon Lessee's satisfaction of all requirements applicable thereto.
(d) Purchasers shall have no obligation to make any Interim Advance hereunder if, at the time such Interim Advance would otherwise be made, the Debt Rating of Lessee is lower than BBB (as rated by Standard & Poor's Corporation) or lower than Baa2 (as rated by Xxxxx'x Investors Service). However, if Lessee thereafter reattains the required Debt Rating and is otherwise then eligible for an Interim Advance, Lessee may reinstate its requests for Interim Advances that were not available to it because of failure to satisfy the Debt Rating requirements. Such Debt Rating requirements are applicable to Interim Advances only, and do not affect the provisions of Section 1.04(b) relating to regular Construction Advances.
(e) Costs related to the New Improvements on any particula...
Interim Advances. Disbursements for costs of constructing and ---------------- equipping a Unit shall be within the limits of the Unit Budget, based upon the certifications of the Agent contained in an Interim Advance Certificate. Disbursements may be requested only (a) for costs incurred or (b) for costs expected to be incurred not more than sixty (60) days after the date of such Advance. Owner shall have no obligation to make disbursements for the cost of materials not in place, whether stored on or off site.
Interim Advances. 16 (c) Final Advance........................................................................... 16 (d)
Interim Advances. PortaCom has requested that VDC provide certain working capital advances prior to the closing, and VDC has agreed, to provide certain advances to PortaCom in an amount, and for the purposes, to be agreed upon by VDC in its sole discretion. To the extent advances are provided by VDC, PortaCom has agreed, pending whatever regulatory requirements may be applicable, to secure the repayment of such advances by providing a first lien, perfected security interest and pledge in and to the warrants to acquire 4 million common shares of MAC and other collateral as requested by VDC. VDC shall not have any obligation to provide such advances until PortaCom has secured whatever regulatory requirements may be applicable under the circumstances to permit the creation of such security interest.
