Making Advances. To refrain from making any advances under this Agreement but Lessor may make advances after the happening of any such event without thereby waiving the right to refrain from making other further advances or to exercise any of the other rights Lessor may have.
Making Advances. (a) Each Borrowing shall be made on notice, given (i) with respect to any Borrowing consisting of Reference Rate Advances, not later than 1:30 p.m., Los Angeles time, on the Business Day before the date of the proposed Borrowing, (ii) with respect to any Borrowing consisting of Base Rate Advances, not later than 9:30 a.m., Los Angeles time, on the Business Day before the date of the proposed Borrowing and (iii) with respect to any Borrowing consisting of LIBOR Advances, not later than 9:30 a.m., Los Angeles time, on the third Business Day before the date of the proposed Borrowing, each such notice to be given by the Borrower to the Administrative Agent, which shall give each Lender prompt notice thereof by telecopier. Each such notice of a Borrowing shall be in writing in the form of Exhibit E (a “Notice of Borrowing”), or by telephone confirmed promptly in writing, by an Authorized Officer, specifying (A) the requested date of such Borrowing (which shall be a Business Day), (B) the requested Type of Advances making up such Borrowing, (C) the requested aggregate amount of such Borrowing, which shall be $500,000 (or, in the case of a Borrowing consisting of LIBOR Advances, $2,000,000) or an integral multiple of $250,000 in excess thereof, (D) in the case of a Borrowing consisting of LIBOR Advances or Base Rate Advances, the requested initial Interest Period for such Advances and (E) the fact that the statements set forth in Section 4.2(b) are true as of the date of such Borrowing. Each Lender shall, before 11:00 a.m., Los Angeles time, on the day of such Borrowing, make available to the Administrative Agent at its address in Los Angeles referred to in Section 10.2, in immediately available funds, such Lender’s ratable portion of such Borrowing. After the Administrative Agent’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article 4, the Administrative Agent will make such funds available to the Borrower by crediting the Borrower’s concentration account number 0880412175 at the Administrative Agent’s aforesaid address. Notwithstanding the provisions of the first sentence of this Section 2.4(a), if the Borrower gives the Administrative Agent notice, by telephone confirmed promptly by telecopier, of a Borrowing consisting of Reference Rate Advances by 9:30 a.m., Los Angeles time, on the day of the proposed Borrowing, the Administrative Agent and the Lenders will use commercially reasonable efforts (but shall not be obliga...
Making Advances. (a) Each Borrowing of DIP Advances shall be made upon the written notice of the Borrower, received by Administrative Agent not later than 12:00 noon Pacific Time on the date prior to such Borrowing. Each such notice of a Borrowing (a "Borrowing Notice") shall be by telecopy or telephone, promptly confirmed by letter, in substantially the form of Exhibit C hereto specifying therein:
(i) the date of such proposed Borrowing, which shall be a Business Day;
(ii) the amount of such proposed Borrowing which shall not exceed the unused portion of the DIP Commitment; and
(iii) the certification by the Borrower that (i) the use of the Advance is in accordance with an Approved Budget and (ii) each of the conditions to Advances set forth in Article IV hereof have been satisfied. Administrative Agent shall promptly notify Lenders of each such notice. Each Lender shall, before 2:00 p.m. Pacific Time on the date of each DIP Advance make available to Administrative Agent, at its office at Bank of America Plaza, 000 Xxxx Xxxxxx, Xxxxxx, Xxxxx 00000, such Lender's DIP Specified Percentage of the aggregate DIP Advances to be made on that day in immediately available funds.
(b) Unless any applicable condition specified in Article IV hereof has not been satisfied, as determined by the Administrative Agent in its discretion, Administrative Agent, upon receipt of fund from the Lenders, will make the funds promptly available to the Borrower by either (i) wiring such amounts pursuant to any wiring instructions, or (ii) depositing such amount in the account of the Borrower at the Administrative Agent, in each case as specified by the Borrower to the Administrative Agent in writing.
(c) After giving effect to any Borrowing, the aggregate principal amount of outstanding DIP Advances shall not exceed the DIP Commitment.
(d) Unless a Lender shall have notified Administrative Agent prior to the date of any Advance that it will not make available its DIP Specified Percentage of any DIP Advance, Administrative Agent may assume that such Lender has made the appropriate amount available in accordance with Section 2.02(a) hereof, and Administrative Agent may, in reliance upon such assumption, make available to the Borrower a corresponding amount. If and to the extent any Lender shall not have made such amount available to Administrative Agent, such Lender and the Borrower severally agree to repay to Administrative Agent immediately on demand such corresponding amount together with interest t...
Making Advances. Advances pursuant to Section 2.1 shall be made in accordance with the terms and conditions of a cash management agreement(s) among the Bank and the Borrower. In addition to Advances made by the Bank to the Borrower pursuant to any cash management agreement(s), the Borrower may also request Advances directly from the Bank under the Revolving Note in accordance with this Section. Each such Advance under the Revolving Note shall be made on written, oral, electronic or telephonic request from any Person purporting to be authorized to request Advances on behalf of the Borrower, which notice or request shall specify the date of the requested Advance and the amount thereof. Upon the Borrower’s fulfillment of the applicable conditions set forth in Article III, the Bank may disburse the amount of the requested Advance by crediting the same to the Borrower’s demand deposit account maintained with the Bank or in such other manner as the Bank and the Borrower may from time to time agree. Any Advance pursuant to Section 2.1 not made in accordance with a cash management agreement shall be made at least one bank business day prior to the date of the desired Advance and such Advance request shall be made by Xxxx Xxxxxxx or Xxx Xxxxxxx or Xxxxx X. Xxxxx or Xxx Xxxxxxxxxxxx or Xxxxx Xxxxxxxxxxxx on behalf of the Borrower. Notwithstanding the immediately foregoing sentence, in the absence of bad faith on the part of the Bank, regardless of how the Advance is made or requested, the Borrower shall be obligated to repay all Advances notwithstanding the fact that the Person requesting the same was not in fact authorized to do so. Any request for an Advance, whether written, oral, electronic, telephonic or by way of a cash management agreement shall be deemed to be a representation by the Borrower that the statements set forth in Section 3.2 are correct.
Making Advances. (a) Each Borrowing of Advances shall be made upon the written notice of the Borrower, received by Administrative Agent not later than (i) 10:00 a.m. three Business Days prior to the date of the proposed Borrowing, in the case of LIBOR Advances and (ii) 10:00 a.m. on the date of such Borrowing, in the case of Base Advances. Each such notice of a Borrowing (a "Borrowing Notice") shall be by telecopy or telephone, promptly confirmed by letter, in substantially the form of Exhibit D hereto --------- specifying therein:
(i) the date of such proposed Borrowing, which shall be a Business Day;
(ii) the Type of Advances of which the Borrowing is to be comprised, and whether such Borrowing is a Revolver A Advance, Revolver B Advance, a Term Loan A Advance or a Term Loan B Advance (provided that, other than with respect to the Term Loan A Initial Advance and the Term Loan B Initial Advance, all such borrowings under the Term Loan A and the Term Loan B shall be Refinancing Advances);
(iii) the amount of such proposed Borrowing which, (A) in the case of Advances under the Revolver A Loan, shall not exceed the unused portion of the Revolver A Commitment, in the case of Advances under the Revolver B Loan, shall not exceed the unused portion of the Revolver B Commitment, in the case of the Term Loan A Initial Advance, shall not exceed the Term Loan A amount of $125,000,000, and in the case of the Term Loan B Initial Advance, shall not exceed the Term Loan B amount of $175,000,000, (B) shall, in the case of a Borrowing of Base Advances, be in an amount of not less than $500,000 or an integral multiple of $100,000 in excess thereof (or any lesser amount if such amount is the remaining undrawn portion under either of the Commitments) and (C) shall, in the case of a Borrowing of LIBOR Advances, be in an amount of not less than $1,000,000 or an integral multiple of $1,000,000 in excess thereof; and
(iv) if the Borrowing is to be comprised of LIBOR Advances, the duration of the initial Interest Period applicable to such Advances. If the Borrowing Notice fails to specify the duration of the initial Interest Period for any Borrowing comprised of LIBOR Advances, such Interest Period shall be three months. Administrative Agent shall promptly notify Lenders of each such notice. Each Lender shall, before 1:00 p.m. on the date of each Advance hereunder (other than a Refinancing Advance), make available to Administrative Agent, at its office at Bank of America Plaza, 000 Xxxx Xxxxxx, X...
Making Advances. Each Advance under the Floor Plan Note shall be made on written, oral, electronic or telephonic request from any Person purporting to be authorized to request Advances on behalf of the Borrower, which notice or request shall specify the date of the requested Advance and the amount thereof. Upon the Borrower’s fulfillment of the applicable conditions set forth in Article III, the Bank may disburse the amount of the requested Advance by crediting the same to the Borrower’s demand deposit account maintained with the Bank or in such other manner as the Bank and the Borrower may from time to time agree. Any request for an Advance, whether written, oral, electronic or telephonic, shall be deemed to be a representation that the statements set forth in Section 3.2 are correct. Any Advance request pursuant to Section 2.2 shall be made at least one bank business day prior to the date of the desired Advance and shall be in an amount not less than $5,000 and shall be made by Xxxxx Xxxxxxxx or Xxxxx X. Xxxxx or Xxx Xxxxxxxxxxxx or Xxxxx Xxxxxxxxxxxx on behalf of the Borrower. Notwithstanding the immediately foregoing sentence, in the absence of bad faith on the part of the Bank, the Borrower shall be obligated to repay all Advances notwithstanding the fact that the Person requesting the same was not in fact authorized to do so.
Making Advances. Each Working Capital Advance shall be made within two business days of written notice (or telephonic notice confirmed in writing) given by noon (Austin, Texas time) on a business day of Lender by Borrower to Lender specifying the amount and date thereof (which may be the same business day) and if sent by wired funds, at Lender's option, the wiring instructions of the deposit account of Borrower to which such Working Capital Advance is to be deposited. ---------------
Making Advances. To refrain from making any advances under this Agreement but Lender may make advances after the happening of any such event without thereby waiving the right to refrain from making other further advances or to exercise any of the other rights Lender may have.
Making Advances. (a) Each Advance shall be made on notice, given not later than 10 a.m. on the day of the proposed borrowing, by the Borrower to the Lender. Each notice of a borrowing shall specify the requested date and aggregate amount of such Advance. Subject to the fulfillment of all applicable conditions set forth in Article III, the Lender shall, by noon on the date of such Advance, make available said funds to the Borrower.
(b) Any Advances made by the Lender shall be evidenced by one or more promissory notes payable to the order of the Lender (or, if requested by the Lender, its assignees) in substantially the form of Exhibit A hereto (each, a NOTE).
Making Advances. Each Advance shall be made on two Banking Days' notice. Each such notice of an Advance shall be given by a Borrowing Notice (or such other form as the Lender may from time to time specify) or by telephone confirmed promptly in writing with the Borrowing Notice which shall specify therein: (i) the requested date of such Advance; (ii) the aggregate amount of such Advance; and (iii) the Outstanding Amount having given effect to such Advance.
