Loans-General. (a) Subject to the terms and conditions set forth in this Agreement, at any time and from time to time from the Closing Date through the Banking Day immediately prior to the Maturity Date, each Bank shall, pro rata according to that Bank's Pro Rata Share of the then applicable Commitment, make Advances to Borrower or to any Co-Borrower under the Commitment in such amounts as Borrower or any Co-Borrower may request that (i) do not result in the Outstanding Obligations being in excess of the then effective Commitment, and (ii) in the case of Advances made to a Co-Borrower, are directly used to finance the development, construction or operation of hotel/casino properties owned by that Co-Borrower. Subject to the limitations set forth herein, the Advances by each Bank under its Pro Rata Share of the Commitment may be prepaid without premium or penalty. The Administrative Agent shall promptly provide the Borrower with a written report allocating the Obligations requested by Borrower and each Co-Borrower.
(b) Subject to the next sentence, each Loan consisting of Advances shall be made pursuant to a Request for Loan which shall specify the requested (i) date of such Loan, (ii) type of Loan, (iii) amount of such Loan, and (iv) in the case of a Eurodollar Rate Loan, the Eurodollar Period for such Loan. Unless the Administrative Agent, in its sole and absolute discretion, has notified Borrower to the contrary, a Loan consisting of Advances may be requested by telephone by a Responsible Official of Borrower or the relevant Co-Borrower, in which case Borrower or the relevant Co-Borrower shall confirm such request by promptly delivering a Request for Loan in person or by telecopier conforming to the preceding sentence to the Administrative Agent. The Administrative Agent shall incur no liability whatsoever hereunder in acting upon any telephonic request purportedly made by a Responsible Official of Borrower, and Borrower hereby agrees to indemnify each Creditor from any loss, cost, expense or liability as a result of so acting.
(c) Promptly following receipt of a Request for Loan, the Administrative Agent shall notify each Bank by telephone or telecopier (and if by telephone, promptly confirmed by telecopier) of the date and type of the Loan, any applicable Eurodollar Period, and that Bank's Pro Rata Share of the Loan. Not later than 11:00 a.m., California local time, on the date specified for any Loan (which must be a Banking Day), each Bank shall make its Pro Rata Sh...
Loans-General. (a) Subject to the terms and conditions set forth in this Agreement, at any time and from time to time from the Closing Date through and including the Maturity Date, each Lender shall, pro rata according to that Lender's Pro Rata Share of the then applicable Commitment, make Advances in Dollars to Borrowers in such amounts as any Borrower may request PROVIDED that (a) giving effect to such Advances, the aggregate principal amount of the outstanding Loans shall not exceed the Commitment at any time, (b) without the consent of all of the Lenders, the aggregate principal amount of the outstanding Loans to Marina plus the outstanding principal amount of the loans outstanding to Marina under the Five Year Commitment shall not exceed Marina's Aggregate Sublimit at any time, and (c) without the consent of all of the Lenders, the aggregate principal amount of the outstanding Loans to each Borrower hereafter designated as such pursuant to Section 2.6 plus the outstanding principal amount of the loans outstanding to such Borrower under the Five Year Commitment shall not exceed that Borrower's Aggregate Sublimit at any time. Subject to the limitations set forth herein, each of the Borrowers may borrow, repay and reborrow under the Commitment without premium or penalty.
(b) Subject to the next sentence, each Loan shall be made pursuant to a Request for Loan executed by the relevant Borrower which shall specify the requested (i) date of such Loan, (ii) type of Loan, (iii) amount of such Loan, and (iv) in the case of a Eurodollar Rate Loan, the Eurodollar Period for such Loan. Unless the Administrative Agent has notified, in its sole and absolute discretion, Borrowers to the contrary, a Loan may be requested by telephone by a Responsible Official of any Borrower, in which case that Borrower shall confirm such request by promptly delivering a Request for Loan in person or by telecopier conforming to the preceding sentence to the Administrative Agent. The Administrative Agent shall incur no liability whatsoever hereunder in acting upon any telephonic request for loan purportedly made by a Responsible Official of a Borrower, and each Borrower hereby jointly and severally (but as between Borrowers, ratably) agrees to indemnify the Administrative Agent from any loss, cost, expense or liability as a result of so acting.
(c) Promptly following receipt of a Request for Loan, the Administrative Agent shall notify each Lender by telephone or telecopier (and if by telephone, promp...
Loans-General. (a) Subject to the terms and conditions set forth in this Agreement, at any time and from time to time from the Closing Date through the Maturity Date, each Lender shall, pro rata according to that Lender's Pro Rata Share of the then applicable Commitment, make Advances to Borrowers under the Commitment in such amounts as Borrowers may request that do not result in the Aggregate Outstandings being in excess of the Commitment. Subject to the limitations set forth herein, Borrowers may borrow, repay and reborrow under the Commitment without premium or penalty.
(b) Subject to the next sentence, each Loan shall be made pursuant to a Request for Loan which shall specify the requested (i) date of such Loan, (ii) type of Loan, (iii) amount of such Loan, and (iv) in the case of a Eurodollar Loan, the Interest Period for such Loan. Unless the Administrative Agent has notified, in its sole and absolute discretion, Borrowers to the contrary, a Loan may be requested by telephone by a Responsible Official of Borrowers, in which case Borrowers shall confirm such request by promptly delivering a Request for Loan in person or by telecopier conforming to the preceding sentence to the Administrative Agent. The Administrative Agent shall incur no liability whatsoever hereunder in acting upon any telephonic request for Loan purportedly made by a Responsible Official of Borrowers, and Borrowers hereby agree to indemnify the Administrative Agent from any loss, cost, expense or liability as a result of so acting.
(c) Promptly following receipt of a Request for Loan, the Administrative Agent shall notify each Lender by telephone or telecopier (and if by telephone, promptly confirmed by telecopier) of the date and type of the Loan, the applicable Interest Period, and that Lender's Pro Rata Share of the Loan. Not later than 10:00 a.m., Nevada time, on the date specified for any Loan (which must be a Business Day), each Lender shall make its Pro Rata Share of the Loan in immediately available funds available to the Administrative Agent at the Administrative Agent's Office. Upon satisfaction or waiver of the applicable conditions set forth in Article 9, all Advances shall be credited on that date in immediately available funds to the Designated Deposit Account.
(d) Unless the Requisite Lenders otherwise consent, each Base Loan shall be not less than $5,000,000 and each Eurodollar Loan shall be not less than $10,000,000 and in an integral multiple of $1,000,000.
(e) The Advances made ...
Loans-General. 38 2.2 Alternate Base Rate Loans...................... 39 2.3 Eurodollar Rate Loans.......................... 39 2.4
Loans-General. 29 2.2 Base Rate Loans................................................................................31
Loans-General. (a) Subject to the terms and conditions set forth in this Agreement, at any time and from time to time commencing on the Closing Date through the Maturity Date, each Lender shall, pro rata according to that Lender's Pro Rata Share of the then applicable Commitment, make Advances to Borrower under the Commitment in such amounts as Borrower may request that do not result in the aggregate principal amount outstanding under the Notes to exceed the Commitment. Subject to the limitations set forth herein, Borrower may borrow, repay and reborrow under the Commitment without premium or penalty.
(b) [Intentionally Omitted.]
(c) [Intentionally Omitted.]
(d) Each Loan shall be made pursuant to a Request for Loan which shall specify the requested (i) date of such Loan, (ii) type of Loan, (iii) amount of such Loan, and (iv) in the case of a Eurodollar Rate Loan, the Eurodollar Period for such Loan.
(e) Promptly following receipt of a Request for Loan, the Administrative Agent shall notify each Lender by telecopier of the date and type of the Loan, the applicable Eurodollar Period, and that Lender's Pro Rata Share of the Loan. Not later than 10:00 a.m., California time, on the date specified for any Loan (which must be a Banking Day), each Lender shall make its Pro Rata Share of the Loan in immediately available funds available to the Administrative Agent at the Administrative Agent's Office. Upon satisfaction or waiver of the applicable conditions set forth in Article 8, all Advances shall be made available to Borrower on that date by such means as it may request in immediately available funds.
(f) Unless the Requisite Lenders otherwise consent, each Base Rate Loan shall be not less than $1,000,000 and in an integral multiple of $1,000,000 and each Eurodollar Rate Loan shall be not less than $5,000,000 and in an integral multiple of $1,000,000.
(g) [Intentionally Omitted].
(h) The Advances made by each Lender under the Commitment shall be evidenced by that Lender's Note.
(i) A Request for Loan shall be irrevocable upon the Administrative Agent's first notification thereof.
(j) If no Request for Loan has been made within the requisite notice periods set forth in Section 2.2 or 2.3 prior to the end of the Eurodollar Period for any outstanding Eurodollar Rate Loan, then on the last day of such Eurodollar Period, such Eurodollar Rate Loan shall be automatically converted into a Base Rate Loan in the same amount.
Loans-General. (a) Loans shall be made in such currency and at the time and in the manner requested by the Borrower, subject to this Agreement and upon fulfilment of all conditions precedent to the making of such Loans.
(b) No Loans shall be made except on a Banking Day.
(c) All payments by the Lenders hereunder shall be made to the Agent at the Agent’s Branch in immediately available freely transferable funds in the applicable currency by no later than 2:00 p.m. (Toronto time) on the relevant Drawdown Date. All payments by the Borrower hereunder shall be made to the Agent at the Agent’s Branch in immediately freely transferable funds by no later than 12:00 noon (Toronto time) on the relevant Drawdown Date. The Borrower shall open and maintain the Borrower’s Accounts for the purpose of receiving Advances and making payments, repayments and prepayments under this Agreement.
(d) The Agent shall open and maintain books of account or electronically stored records evidencing all Advances and all other amounts owing by the Borrower to the Lenders hereunder. The Agent shall enter in the foregoing books of account details of all applicable amounts from time to time owing, paid or repaid by the Borrower hereunder. The information entered in the foregoing books of account shall constitute prima facie evidence of the Outstandings owing from time to time by the Borrower to the Agent and the Lenders hereunder, absent manifest error.
(e) The Operating Lender shall open and maintain separate books of account or electronically stored records evidencing all Operating Loans and all other amounts owing by the Borrower to the Operating Lender hereunder. The Operating Lender shall enter in the foregoing books of account details of all applicable amounts from time to time owing, paid or repaid by the Borrower hereunder. The information entered in the foregoing books of account shall constitute prima facie evidence of the Outstandings owing from time to time by the Borrower to the Operating Lender hereunder, absent manifest error.
Loans-General. (a) Subject to the terms and conditions set forth in this Agreement (including Section 8.2) and the Override Agreement, at any time and from time to time from the Amendment Effective Date through the Banking Day immediately preceding the Line A Maturity Date, each Line A Bank shall, pro rata according to that Bank's Pro Rata Share of the Line A Commitment then in effect, make Advances to Borrower under the Line A Commitment in such amounts as Borrower may request; provided that (i) after giving effect to such Advance, the aggregate outstanding principal of the Line A Loans evidenced by that Bank's Line A Note plus that Bank's Pro Rata Share of the Line A Letter of Credit Usage shall not exceed that Bank's Pro Rata Share of the Line A Commitment and (ii) no Advance under the Line A Commitment may be made if, giving effect thereto and the application of proceeds therefrom, there is any Line C Loan outstanding. Subject to the limitations set forth herein, Borrower may borrow, repay and reborrow under this Section 2.1
(a) without premium or penalty.
(b) Subject to the terms and conditions set forth in this Agreement (including Section 8.2), at any time from the Amendment Effective Date through April 15, 1996, each Line B/C Bank shall, pro rata according to that Bank's Pro Rata Share of the Line B Commitment then in effect, make Advances to Borrower under the Line B Commitment in such amounts as Borrower may request; provided that (i) after giving effect to such Advance, the aggregate outstanding principal of the Line B Loans evidenced by that Bank's Line B Note shall not exceed that Bank's Pro Rata Share of the Line B Commitment and (ii) Borrower may only request two (2) Line B Loans. Borrower may not repay and reborrow under this Section 2.1(b).
(c) Subject to the terms and conditions set forth in this Agreement (including Section 8.2), at any time and from time to time from the Amendment Effective Date through the Banking Day immediately preceding the Line C Maturity Date, each Line B/C Bank shall, pro rata according to that Bank's Pro Rata Share of the Line C
(d) Subject to the next sentence and to Section 2.5(d), each Loan shall be made pursuant to a Request for Loan which shall specify whether such Loan is to be a Line A Loan, a Line B Loan or a Line C Loan and the requested (i) date of such Loan, (ii) type of Loan, (iii) amount of such Loan, and (iv) in the case of a LIBOR Loan, Interest Period for such Loan. Unless the Administrative Agent, in its sole ...
Loans-General. (a) Loans shall be made in such currency and at the time and in the manner requested by the Borrower, subject to this Agreement and upon fulfilment of all conditions precedent to the making of such Loans.
(b) No Loans need be made except on a Banking Day.
(c) All Loans by the Lenders (other than Operating Facility Advances) and all payments by the Borrower hereunder (other than with respect to Operating Facility Advances) shall be made at the Agent’s Designated Branch in immediately available freely transferable funds. The Borrower shall open and maintain the Borrower’s Accounts (and, with respect to the Operating Facility Advances, accounts with the Operating Facility Lender) for the purpose of receiving Loans and making payments, repayments and prepayments under this Agreement.
(d) The Agent shall open and maintain books of account evidencing all Syndicated Facility Advances and all other amounts owing by the Borrower to the Lenders hereunder (other than under the Operating Facility). The Operating Facility Lender shall open and maintain books of accounts evidencing the Operating Facility Advances and all other amounts owing with respect thereto. The Agent and the Operating Facility Lender, as applicable, shall enter in the foregoing books of accounts details of all applicable amounts from time to time owing, paid or repaid by the Borrower hereunder. The information entered in the foregoing books of accounts shall constitute prima facie evidence of the Loan Indebtedness owing from time to time by the Borrower to the Agent, the Lenders and the Operating Facility Lender hereunder.
Loans-General. 35 2.2 Automatic Reduction of Commitment. . . . . . . . . . . . . . . . 36 2.3
