Common use of Lenders’ Commitments Clause in Contracts

Lenders’ Commitments. (a) On the terms and subject to the conditions set forth in this Loan Agreement, the Lenders shall make the Initial Advance and shall make Ongoing Maintenance Advances, and may make Additional Policy Advances, to the Borrower from time to time before the Commitment Termination Date in such amounts as may be from time to time requested by the Borrower pursuant to Section 2.2 and agreed to by the Lenders, for the purposes set forth in Section 2.8(a); provided, however that (i) except as set forth in Section 2.1(e) below, the aggregate principal amount of all Advances from time to time outstanding under this Loan Agreement (including any Protective Advances that the Borrower has knowledge or notice of) shall not exceed the Borrowing Base and (ii) no Lender shall be obligated to make any Advance to the Borrower to the extent that the aggregate outstanding amount of such Advances made by such Lender hereunder exceeds such Lender’s Commitment as set forth in Schedule 2.1(a), as the same is amended (or deemed amended) from time to time by Assignment and Assumption Agreements executed pursuant to Section 13.4 of this Loan Agreement, nor shall any Lender be obligated to make any Advance required to be made by any other Lender.

Appears in 2 contracts

Samples: Loan and Security Agreement (Emergent Capital, Inc.), Loan and Security Agreement (Imperial Holdings, Inc.)

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Lenders’ Commitments. (a) On the terms and subject to the conditions set forth in this Loan Agreement, the Lenders shall make made an Advance pursuant to the Initial Advance and shall make Ongoing Maintenance Advances, and may make Additional Policy Advances, Original Loan Agreement to the Borrower from time in the amount up to time before Seventy One Million Two Hundred Fifty Thousand Dollars ($71,250,000) (the Commitment Termination Date “First Initial Advance”) and a subsequent Advance in such amounts as may be from time the amount of up to time requested by One Hundred One Million Fifty Thousand Dollars ($101,050,000) (the Borrower pursuant to Section 2.2 “Second Initial Advance” and agreed to by together with the LendersFirst Initial Advance, the “Initial Advance”), in each case, for the purposes set forth in Section 2.8(a); provided, however that (i) except as set forth in subject to Section 2.1(e2.1(d) belowof this Loan Agreement, the aggregate principal amount of all Advances from time to time outstanding under this Loan Agreement (including any Protective Advances that the Borrower has knowledge or notice ofAdvances) shall not exceed the Borrowing Base and (ii) no Lender shall be obligated to make any Advance to the Borrower to the extent that the aggregate outstanding amount of such Advances made by such Lender hereunder exceeds such Lender’s Commitment as set forth in Schedule 2.1(a), as the same is amended (or deemed amended) from time to time by Assignment and Assumption Agreements executed pursuant to as provided in Section 13.4 of this Loan Agreement, nor shall any Lender be obligated to make any Advance required to be made by any other Lender.

Appears in 1 contract

Samples: Loan and Security Agreement (GWG Holdings, Inc.)

Lenders’ Commitments. (a) On the terms and subject to the conditions set forth in this Loan Agreement, the Lenders shall make made the Initial Advance pursuant to the Original Loan Agreement and shall make Ongoing Maintenance Advances, and may make Additional Policy Advances, to the Borrower from time to time before the Commitment Termination Date in such amounts as may be from time to time requested by the Borrower pursuant to Section 2.2 and agreed to by the Lenders, for the purposes set forth in Section 2.8(a); provided, however that (i) except as set forth in Section 2.1(e) below, the aggregate Amended and Restated Loan and Security Agreement principal amount of all Advances from time to time outstanding under this Loan Agreement (including any Protective Advances that the Borrower has knowledge or notice of) shall not exceed the Borrowing Base and (ii) no Lender shall be obligated to make any Advance to the Borrower to the extent that the aggregate outstanding amount of such Advances made by such Lender hereunder exceeds such Lender’s Commitment as set forth in Schedule 2.1(a), as the same is amended (or deemed amended) from time to time by Assignment and Assumption Agreements executed pursuant to Section 13.4 of this Loan Agreement, nor shall any Lender be obligated to make any Advance required to be made by any other Lender.

Appears in 1 contract

Samples: Assignment and Assumption Agreement (Imperial Holdings, Inc.)

Lenders’ Commitments. (a) On the terms and subject to the conditions set forth in this Loan Agreement, the Lenders shall make the Initial Advance and shall make Ongoing Maintenance Advances, and may make Additional Policy Advances, to the Borrower from time to time before the Commitment Termination Date in such amounts as may be from time to time requested by the Borrower pursuant to Section 2.2 and agreed to by the Lenders, for the purposes set forth in Section 2.8(a); provided, however that (i) except as set forth in Section 2.1(e) below, the aggregate principal amount of all Advances from time to time outstanding under this Loan Agreement (including excluding any Protective Advances that the Borrower has knowledge or notice ofAdvances) shall not exceed the Borrowing Base and (ii) no Lender shall be obligated to make any Advance to the Borrower to the extent that the aggregate outstanding amount of such Advances made by such Lender hereunder exceeds such Lender’s Commitment as set forth in Schedule 2.1(a), as the same is amended (or deemed amended) from time to time by Assignment and Assumption Agreements executed pursuant to Section 13.4 of this Loan Agreement, nor shall any Lender be obligated to make any Advance required to be made by any other Lender.

Appears in 1 contract

Samples: Loan and Security Agreement (Imperial Holdings, Inc.)

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Lenders’ Commitments. (ai) On the terms and subject to the conditions set forth in this the Original Loan Agreement, the Lenders made an Advance pursuant to the Original Loan Agreement to the Borrower in the amount up to Seventy One Million Two Hundred Fifty Thousand Dollars ($71,250,000) (the “First Initial Advance”) and a subsequent Advance in the amount of up to One Hundred One Million Fifty Thousand Dollars ($101,050,000) (the “Second Initial Advance”; and together with the First Initial Advance, the “Initial Advance”) and (ii) on the Fourth A&R Closing Date, subject to the terms and conditions of this Agreement, Borrower may request and the Lenders shall make the Initial Fourth A&R Advance and shall make Ongoing Maintenance Advances, and may make Additional Policy Advances, in an amount equal to the Borrower from time to time before the Commitment Termination Date Fourth A&R Advance Amount, in such amounts as may be from time to time requested by the Borrower pursuant to Section 2.2 and agreed to by the Lenders, each case for the purposes set forth in Section 2.8(a); provided, however that (i) except as set forth in subject to Section 2.1(e2.1(d) belowof this Loan Agreement, the aggregate principal amount of all Advances from time to time outstanding under this Loan Agreement (including any Protective Advances that the Borrower has knowledge or notice ofAdvances) shall not exceed the Borrowing Base and (ii) no Lender shall be obligated to make any Advance to the Borrower to the extent that the aggregate outstanding amount of such Advances made by such Lender hereunder exceeds such Lender’s Commitment as set forth in Schedule 2.1(a), as the same is amended (or deemed amended) from time to time by Assignment and Assumption Agreements executed pursuant to as provided in Section 13.4 of this Loan Agreement, nor shall any Lender be obligated to make any Advance required to be made by any other Lender.

Appears in 1 contract

Samples: Loan and Security Agreement (GWG Holdings, Inc.)

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