Common use of Making Advances Clause in Contracts

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. Advances pursuant to Section 2.1 shall be made in accordance with (a) Upon the terms and subject to the conditions of a cash management agreement(s) among herein set forth, the Bank and the Borrower. In addition Lender shall from time to time make Advances made by the Bank to the Borrower under the Loan up to an aggregate principal amount at any one time outstanding not to exceed an amount equal to the Additional Standby Facility. Any sums advanced pursuant to this Section and subsequently repaid may be re-borrowed from time to time, subject to the requirements of Section 2.02. (b) Borrower may use loan proceeds for any cash management agreement(s)business purpose of Borrower. (c) Nothing herein shall obligate the Lender to make any Advance in excess of the maximum amount of the Additional Standby Facility, the making of any or all Advances in excess of the maximum amount of the Additional Standby Facility to be in the sole and absolute discretion of the Lender. If at any time an excess shall exist for any reason other than as specifically authorized by Lender, the Borrower may also shall repay to the Lender forthwith, without notice or demand, such amount as shall be necessary to eliminate such excess. (d) The Borrower shall give the Lender written or telegraphic notice of its request Advances directly from for an Advance by submitting a Request Notice at least three (3) Business Days prior to the Bank under requested date of the Revolving Note in accordance with this SectionAdvance. 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 Request Notice 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. Each Advance shall be in the minimum amount of $5,000.00 and in integral multiples of $1,000.00. The Lender shall make each Advance in immediately available funds by crediting the same wire transfer to the Borrower’s demand a deposit account maintained with designated by Borrower at its financial institution, as soon as practicable, but in no event later than three (3) Business Days following 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 receipt by Lender of a Request Notice. (e) The Lender shall 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 make Advances notwithstanding the fact that the Person requesting the same was not aggregating in fact authorized to do so. Any request for an Advance, whether written, oral, electronic, telephonic or by way excess 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$12,000,000 during any fiscal quarter of Borrower.

Making Advances. Advances pursuant to Section 2.1 shall be made in accordance with Upon the terms and subject to the conditions of a cash management agreement(s) among herein set forth, the Bank and the Borrower. In addition Lender shall from time to time make Advances made by the Bank to the Borrower under the Loan up to an aggregate principal amount at any one time outstanding not to exceed an amount equal to the Credit Facility. Any sums advanced pursuant to this Section and subsequently repaid may be re-borrowed from time to time, subject to the requirements of Section 2.02. (a) Borrower may use loan proceeds for any cash management agreement(s)business purpose of Borrower. (b) Nothing herein shall obligate the Lender to make any Advance in excess of the maximum amount of the Credit Facility, the making of any or all Advances in excess of the maximum amount of the Credit Facility to be in the sole and absolute discretion of the Lender. If at any time an excess shall exist for any reason other than as specifically authorized by Lender, the Borrower may also shall repay to the Lender forthwith, without notice or demand, such amount as shall be necessary to eliminate such excess. (c) The Borrower shall give the Lender written or telegraphic notice of its request Advances directly from for an Advance by submitting a Request Notice at least three (3) Business Days prior to the Bank under requested date of the Revolving Note in accordance with this SectionAdvance. 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 Request Notice 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. Each Advance shall be in the minimum amount of $5,000.00 and in integral multiples of $1,000.00. The Lender shall make each Advance in immediately available funds by crediting the same wire transfer to the Borrower’s demand a deposit account maintained with designated by Borrower at its financial institution, as soon as practicable, but in no event later than 3 business days following 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 receipt by Lender of a Request Notice. (d) The Lender shall 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 make Advances notwithstanding the fact that the Person requesting the same was not aggregating in fact authorized to do so. Any request for an Advance, whether written, oral, electronic, telephonic or by way excess 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$12,000,000 during any fiscal quarter of Borrower.

Making Advances. Advances pursuant to Section 2.1 shall be made in accordance with (a) Each Advance by any of 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 Lenders shall be made on writtenat least three Business Days' notice (or such shorter period agreed to by the Program Agent and the Lenders) from the Borrower to the Program Agent, oral, electronic or telephonic request from provided that Advances shall be made not more than ten (10) times in any Person purporting Month. Each such notice of an Advance shall specify (i) the amount requested to be authorized paid to request Advances on behalf the Borrower (such amount, which shall not be less than $1,000,000, being referred to herein as the initial "Principal" of the BorrowerAdvance then being made), (ii) the allocation of such amount among each of the Lender (which notice or request shall specify be determined based upon the respective Ratable Shares of the Lenders) and (iii) the date of such Advance (which shall be a Business Day). If requested by any Lender, the requested Advance and Advances made by such Lender shall be evidenced by a Note to the amount thereof. Upon order of such Lender. (b) On the Borrower’s fulfillment date of each such Advance, the Lenders shall, upon satisfaction of the applicable conditions set forth in this Article II and Article III, the Bank may disburse the amount of the requested Advance by crediting the same make available to the Borrower’s demand deposit Borrower in same day funds, at the account maintained with set forth in the Bank or Funds Transfer Letter, an aggregate amount equal to the initial Principal of such Advance. (c) Each Lender's obligation shall be several in proportion to its Commitment hereunder, such other manner as that the Bank and failure of any Lender to make available to the Borrower may from time any funds in connection with any Advance shall not relieve any other Lender of its obligation, if any, hereunder 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 make funds available on the date of the desired Advance and such Advance request Advance, but no Lender shall be made by Xxxx Xxxxxxx or Xxx Xxxxxxx or Xxxxx X. Xxxxx or Xxx Xxxxxxxxxxxx or Xxxxx Xxxxxxxxxxxx on behalf responsible for the failure of the Borrower. Notwithstanding the immediately foregoing sentence, any other Lender to make funds available 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 connection with any 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. Advances pursuant to Section 2.1 shall be made in accordance with (a) Upon the terms and subject to the conditions of a cash management agreement(s) among herein set forth, the Bank and the Borrower. In addition Lender shall from time to time make Advances made by the Bank to the Borrower under the Loan up to an aggregate principal amount at any one time outstanding not to exceed an amount equal to the Credit Facility. Any sums advanced pursuant to this Section and subsequently repaid may be re-borrowed from time to time, subject to the requirements of Section 2.02. (b) Borrower may use loan proceeds for any cash management agreement(s)business purpose of Borrower. (c) Nothing herein shall obligate the Lender to make any Advance in excess of the maximum amount of the Credit Facility, nor prohibit the Lender from lending in excess of the maximum amount of the Credit Facility, the making of any or all Advances in excess of the maximum amount of the Credit Facility to be in the sole and absolute discretion of the Lender. If at any time an excess shall exist for any reason other than as specifically authorized by Lender, the Borrower may also shall repay to the Lender forthwith, without notice or demand, such amount as shall be necessary to eliminate such excess. (d) The Borrower shall give the Lender written or telegraphic notice of its request Advances directly from for an Advance by submitting a Request Notice at least three (3) Business Days prior to the Bank under requested date of the Revolving Note in accordance with this SectionAdvance. 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 Request Notice 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. Each Advance shall be in the minimum amount of $5,000.00 and in integral multiples of $1,000.00. The Lender shall make each Advance in immediately available funds by crediting the same wire transfer to the Borrower’s demand a deposit account maintained with designated by Borrower at its financial institution, as soon as practicable, but in no event later than 3 business days following 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 receipt by Lender of a Request Notice. (e) The Lender shall 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 make Advances notwithstanding the fact that the Person requesting the same was not aggregating in fact authorized to do so. Any request for an Advance, whether written, oral, electronic, telephonic or by way excess 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$12,000,000 during any fiscal quarter of Borrower.

Making Advances. Advances pursuant to Section 2.1 shall be made in accordance with (a) Upon the terms and subject to the conditions of a cash management agreement(s) among herein set forth, the Bank and the Borrower. In addition Lender shall from time to time make Advances made by the Bank to the Borrower under the Loan up to an aggregate principal amount at any one time outstanding not to exceed an amount equal to the Credit Facility. Any sums advanced pursuant to this Section and subsequently repaid may be re-borrowed from time to time, subject to the requirements of Section 2.02. (b) Loan proceeds may be used by Borrower for any cash management agreement(s)business purpose of Borrower. (c) Nothing herein shall obligate the Lender to make any Advance in excess of the maximum amount of the Credit Facility, nor prohibit the Lender from lending in excess of the maximum amount of the Credit Facility, the making of any or all Advances in excess of the maximum amount of the Credit Facility to be in the sole and absolute discretion of the Lender. If at any time an excess shall for any reason exist, the Borrower may also shall repay to the Lender forthwith, without notice or demand, such amount as shall be necessary to eliminate such excess. (d) The Borrower shall give the Lender at least three (3) Business Days' prior written or telegraphic notice of its request Advances directly from the Bank under the Revolving Note in accordance with this Sectionfor an Advance. 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 and shall be in the form attached hereto as Exhibit II (a "Request Notice"). Each Advance shall be in the minimum amount of $5,000.00 and in integral multiples of $1,000.00. The Lender shall make each Advance in immediately available funds by crediting the same wire transfer to the Borrower’s demand a deposit account maintained with designated by Borrower at its financial institution, as soon as practicable, but in no event later than 3 business days following 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 receipt 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 Lender 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 correctRequest Notice.