Common use of Making of Agent Loans Clause in Contracts

Making of Agent Loans. (i) In the event Agent shall elect to have the terms of this Section 2.1(i) apply to a requested Borrowing in excess of $5,000,000 as described in Section 2.1(g) or in the event of any requested Borrowing of $5,000,000 or less, Agent shall make an Advance in the amount of such Borrowing (any such Advance made solely by Agent pursuant to this Section 2.1(i) being referred to as an "Agent Loan" and such Advances being referred to collectively as "Agent Loans") available to Borrower on the Funding Date applicable thereto by transferring same day funds to Borrower's Designated Deposit Account. Each Agent Loan is an Advance hereunder and shall be subject to all the terms and conditions applicable to other Advances, except that all payments thereon shall be payable to Agent solely for its own account (and for the account of the holder of any participation interest with respect to such Advance). Subject to the provisions of Section 2.1(n), Agent shall not make any Agent Loan if Agent shall have received written notice from any Lender, or otherwise has actual knowledge, that (i) one or more of the applicable conditions precedent set forth in Section 3.1 or 3.2 will not be satisfied on the requested Funding Date for the applicable Borrowing, or (ii) the requested Borrowing would exceed the Availability on such Funding Date. Agent shall not otherwise be required to determine whether the applicable conditions precedent set forth in Section 3.1 or 3.2 have been satisfied on the Funding Date applicable thereto prior to making, in its sole discretion, any Agent Loan.

Making of Agent Loans. (i) In the event that the Facility Agent shall elect (pursuant to the terms of Section 2.1(e)) or shall be compelled to have the terms of this Section 2.1(i2.1(g) 35 Foothill/Agent Greyhound F6384-0813 42 apply to a requested Borrowing in excess of $5,000,000 as described in Section 2.1(g) or in the event of any requested Borrowing of $5,000,000 or lessBorrowing, Facility Agent shall make an Advance in the amount of such Borrowing (any such Advance made solely by Facility Agent pursuant to this Section 2.1(i2.1(g) being referred to as an "Agent Loan" and such Advances being referred to collectively as "Agent Loans") available to Borrower not later than 11:00 a.m. (California time) on the Funding Date applicable thereto by transferring same day funds to Borrower's the Designated Deposit Account. Each Agent Loan is an Advance hereunder hereunder, shall be a Reference Rate Loan, and shall be subject to all the terms and conditions applicable to other Advances, except that all payments thereon shall be payable to Facility Agent solely for its own account (and for the account of the holder of any participation interest with respect to such Advance). Subject to the provisions of Section 2.1(n2.1(l), the Facility Agent shall not make any Agent Loan if the Facility Agent shall have received written notice from any Lender, or otherwise has actual knowledge, that (i) one or more of the applicable conditions precedent set forth in Section Sections 3.1 or 3.2 will not be satisfied on the requested Funding Date for the applicable Borrowing, or (ii) the requested Borrowing would exceed the Availability on such Funding Date. Facility Agent shall not otherwise be required to determine whether the applicable conditions precedent set forth in Section Sections 3.1 or 3.2 have been satisfied on the Funding Date applicable thereto prior to making, in its sole discretion, any Agent Loan.

Making of Agent Loans. (i) In the event that the Agent shall elect (pursuant to the terms of Section 2.1(e)) or shall be compelled to have the terms of this Section 2.1(i2.1(g) apply to a requested Borrowing in excess of $5,000,000 as described in Section 2.1(g) or in the event of any requested Borrowing of $5,000,000 or lessBorrowing, Agent shall make an Advance in the amount of such Borrowing (any such Advance made solely by Agent pursuant to this Section 2.1(i2.1(g) being referred to as an "Agent Loan" and such Advances being referred to collectively as "Agent Loans") available to Borrower not later than 11:00 a.m. (California time) on the Funding Date applicable thereto by transferring same day funds to Borrower's the Designated Deposit Account. Each Agent Loan is an Advance hereunder hereunder, shall be a Base Rate Loan, and shall be subject to all the terms and conditions applicable to other Advances, except that all payments thereon shall be payable to Agent solely for its own account (and for the account of the holder of any participation interest with respect to such Advance). Subject to the provisions of Section 2.1(n2.1(l), the Agent shall not make any Agent Loan if the Agent shall have received written notice from any Lender, or otherwise has actual knowledge, that Schedule 1, Pg. 30 37 (i) one or more of the applicable conditions precedent set forth in Section Sections 3.1 or 3.2 will not be satisfied on the requested Funding Date for the applicable Borrowing, or (ii) the requested Borrowing would exceed the Availability on such Funding Date. Agent shall not otherwise be required to determine whether the applicable conditions precedent set forth in Section Sections 3.1 or 3.2 have been satisfied on the Funding Date applicable thereto prior to making, in its sole discretion, any Agent Loan.

Making of Agent Loans. (i) In the event Administrative Agent shall elect to have the terms of this Section 2.1(i2.1(f) apply to a requested Borrowing in excess of $5,000,000 as described in Section 2.1(g) or in the event of any requested Borrowing of $5,000,000 or less2.1(d), Collateral Agent shall make an Advance in the amount of such Borrowing (any such Advance made solely by Collateral Agent pursuant to this Section 2.1(i2.1(f) being referred to as an "Agent Loan" and such Advances being referred to collectively as "Agent Loans") available to Borrower on the Funding Date applicable thereto by transferring same day funds to Borrower's Designated Deposit Account. Each Agent Loan is an Advance hereunder and shall be subject to all the terms and conditions applicable to other Advances, except that all payments thereon shall be payable to Collateral Agent solely for its own the account of the Collateral Agent (and for the account of the holder of any participation interest with respect to such Advance). Subject to the provisions of Section 2.1(n2.1(k), Administrative Agent shall not cause Collateral Agent to make any Agent Loan if Administrative Agent and Collateral Agent shall have received written notice from any Lender, or otherwise has actual knowledge, that (i) one or more of the applicable conditions precedent set forth in Section Sections 3.1 or 3.2 will not be satisfied on the requested Funding Date for the applicable Borrowing, or (ii) the requested Borrowing would exceed the Availability on such Funding Date. Administrative Agent and Collateral Agent shall not otherwise be required to determine whether the applicable conditions precedent set forth in Section Sections 3.1 or 3.2 have been satisfied on the Funding Date applicable thereto prior to making, in its sole discretion, any Agent Loan.

Making of Agent Loans. (i) In the event the Agent shall elect to have the terms of this Section 2.1(iSECTION 2.1(g) apply to a requested Borrowing in excess of $5,000,000 8,000,000 as described in Section 2.1(gSECTION 2.1(e) or in the event of any requested Borrowing of $5,000,000 8,000,000 or less, Agent shall make an Advance in the amount of such Borrowing (any such Advance made solely by Agent pursuant to this Section 2.1(iSECTION 2.1(g) being referred to as an "Agent Loan" and such Advances being referred to collectively as "Agent Loans") available to Borrower on the Funding Date applicable thereto by transferring same day funds to Borrower's Designated Deposit Account. Each Agent Loan is an Advance hereunder and shall be subject to all the terms and conditions applicable to other Advances, except that all payments thereon shall be payable to Agent solely for its own account (and for the account of the holder of any participation interest with respect to such Advance). Subject to the provisions of Section 2.1(nSECTION 2.1(l), the Agent shall not make any Agent Loan if the Agent shall have received written notice from any Lender, or otherwise has actual knowledge, that (i) one or more of the applicable conditions precedent set forth in Section SECTIONS 3.1 or 3.2 will not be satisfied on the requested Funding Date for the applicable Borrowing, or (ii) the requested Borrowing would exceed the Availability on such Funding Date. Agent shall not otherwise be required to determine whether the applicable conditions precedent set forth in Section SECTIONS 3.1 or 3.2 have been satisfied on the Funding Date applicable thereto prior to making, in its sole discretion, any Agent Loan.

Making of Agent Loans. (i) In the event that the Agent shall elect (pursuant to the terms of Section 2.1(e)) or shall be compelled to have the terms of this Section 2.1(i2.1(g) apply to a requested Borrowing in excess of $5,000,000 as described in Section 2.1(g) or in the event of any requested Borrowing of $5,000,000 or lessBorrowing, Agent shall make an Advance in the amount of such Borrowing (any such Advance made solely by Agent pursuant to this Section 2.1(i2.1(g) being referred to as an "Agent Loan" and such Advances being referred to collectively as "Agent Loans") available to Borrower not later than 11:00 a.m. (California time) on the Funding Date applicable thereto by transferring same day funds to Borrower's the Designated Deposit Account. Each Agent Loan is an Advance hereunder hereunder, shall be a Base Rate Loan, and shall be subject to all the terms and conditions applicable to other Advances, except that all payments thereon shall be payable to Agent solely for its own account (and for the account of the holder of any participation interest with respect to such Advance). Subject to the provisions of Section 2.1(n2.1(l), the Agent shall not make any Agent Loan if the Agent shall have received written notice from any Lender, or otherwise has actual knowledge, that (i) one or more of the applicable conditions precedent set forth in Section Sections 3.1 or 3.2 will not be satisfied on the requested Funding Date for the applicable Borrowing, or (ii) the requested Borrowing would exceed the Availability on such Funding Date. Agent shall not otherwise be required to determine whether the applicable conditions precedent set forth in Section Sections 3.1 or 3.2 have been satisfied on the Funding Date applicable thereto prior to making, in its sole discretion, any Agent Loan.

Making of Agent Loans. (i) In the event the Agent shall elect to have the terms of this Section 2.1(i2.1(g) apply to a requested Borrowing in excess of $5,000,000 as described in Section 2.1(g2.1(e) or in the event of any requested Borrowing of $5,000,000 or less, Agent shall make an Advance in the amount of such Borrowing (any such Advance made solely by Agent pursuant to this Section 2.1(i2.1(g) being referred to as an "Agent Loan" and such Advances being referred to collectively as "Agent Loans") available to Borrower on the Funding Date applicable thereto by transferring same day funds to Borrower's Designated Deposit Account. Each Agent Loan is an Advance hereunder and shall be subject to all the terms and conditions applicable to other Advances, except that all payments thereon shall be payable to Agent solely for its own account (and for the account of the holder of any participation interest with respect to such Advance). Subject to the provisions of Section 2.1(n2.1(l), the Agent shall not make any Agent Loan if the Agent shall have received written notice from any Lender, or otherwise has actual knowledge, that (i) one or more of the applicable conditions precedent set forth in Section Sections 3.1 or 3.2 will not be satisfied on the requested Funding Date for the applicable Borrowing, or (ii) the requested Borrowing would exceed the Availability on such Funding Date. Agent shall not otherwise be required to determine whether the applicable conditions precedent set forth in Section Sections 3.1 or 3.2 have been satisfied on the Funding Date applicable thereto prior to making, in its sole discretion, any Agent Loan.

Making of Agent Loans. (i) In the event the Agent shall elect to have the terms of this Section 2.1(i2.1(h) apply to a requested Borrowing in excess of $5,000,000 20,000,000 as described in Section 2.1(g2.1(f) or in the event of any requested Borrowing of $5,000,000 20,000,000 or less, Agent shall make an Advance in the amount of such Borrowing (any such Advance made solely by Agent pursuant to this Section 2.1(i2.1(h) being referred to as an "“Agent Loan" ” and such Advances being referred to collectively as "“Agent Loans"”) available to Borrower Borrowers on the Funding Date applicable thereto by transferring same day funds to Administrative Borrower's ’s Designated Deposit Account. Each Agent Loan is an Advance hereunder and shall be subject to all the terms and conditions applicable to other Advances, except that all payments thereon shall be payable to Agent solely for its own account (and for the account of the holder of any participation interest with respect to such Advance). Subject to the provisions of Section 2.1(n2.1(m), the Agent shall not make any Agent Loan if the Agent shall have received written notice from any Lender, or otherwise has actual knowledge, that (i) one or more of the applicable conditions precedent set forth in Section Sections 3.1 or 3.2 will not be satisfied on the requested Funding Date for the applicable Borrowing, or (ii) the requested Borrowing would exceed the Availability on such Funding Date. Agent shall not otherwise be required to determine whether the applicable conditions precedent set forth in Section Sections 3.1 or 3.2 have been satisfied on the Funding Date applicable thereto prior to making, in its sole discretion, any Agent Loan.

Making of Agent Loans. (i) In the event the Agent shall elect to have the terms of this Section 2.1(i2.1(g) apply to a requested Borrowing in excess of $5,000,000 as described in Section 2.1(g2.1(e) or in the event of any requested Borrowing of $5,000,000 or less, Agent shall make an Advance in the amount of such Borrowing (any such Advance made solely by Agent pursuant to this Section 2.1(i2.1(g) being referred to as an "Agent Loan" and such Advances being referred to collectively as "Agent Loans") available to Borrower on the Funding Date applicable thereto by transferring same day funds to Borrower's Designated Deposit Account. Each Agent Loan is an Advance hereunder and shall be subject to all the terms and conditions applicable to other Advances, except that all payments thereon shall be payable to Agent solely for its own account (and for the account of the holder of any participation interest with respect to such Advance). Subject to the provisions of Section 2.1(n2.1(l), the Agent shall not make any Agent Loan if the Agent shall have received written notice from any Lender, or otherwise has actual knowledge, that (i) one or more of the applicable conditions precedent set forth in Section Sections 3.1 or 3.2 will not be satisfied on the requested Funding Date for the applicable Borrowing, or (ii) the requested Borrowing would exceed the Availability on such Funding Date. No Lender shall provide any such notice unless it believes, in good faith, that such events or conditions have occurred. Agent shall not otherwise be required to determine whether the applicable conditions precedent set forth in Section Sections 3.1 or 3.2 have been satisfied on the Funding Date applicable thereto prior to making, in its sole discretion, any Agent Loan.

Making of Agent Loans. (i) In the event the Agent shall elect to have the terms of this Section 2.1(i2.1(g) apply to a requested Borrowing in excess of $5,000,000 as -------------- described in Section 2.1(g2.1(e) or in the event of any requested Borrowing of -------------- $5,000,000 or less, Agent shall make an Advance in the amount of such Borrowing (any such Advance made solely by Agent pursuant to this Section 2.1(i2.1(g) being -------------- referred to as an "Agent Loan" and such Advances being referred to collectively as "Agent Loans") available to Borrower on the Funding Date applicable thereto by transferring same day funds to Borrower's Designated Deposit Account. Each Agent Loan is an Advance hereunder and shall be subject to all the terms and conditions applicable to other Advances, except that all payments thereon shall be payable to Agent solely for its own account (and for the account of the holder of any participation interest with respect to such Advance). Subject to the provisions of Section 2.1(n2.1(l), the Agent shall not make any Agent Loan if the Agent shall have received written notice from any Lender, or otherwise has -------------- actual knowledge, that (i) one or more of the applicable conditions precedent set forth in Section Sections 3.1 or 3.2 will not be satisfied on the requested ------------ --- Funding Date for the applicable Borrowing, or (ii) the requested Borrowing would exceed the Availability on such Funding Date. Agent shall not otherwise be required to determine whether the applicable conditions precedent set forth in Section Sections 3.1 or 3.2 have been ------------ --- satisfied on the Funding Date applicable thereto prior to making, in its sole discretion, any Agent Loan.

Making of Agent Loans. (i) In the event the Agent shall elect to have the terms of this Section 2.1(i2.1(g) apply to a requested Borrowing in excess of $5,000,000 as described in Section 2.1(g2.1(e) or in the event of any requested Borrowing of $5,000,000 or less, Agent shall make an Advance in the amount of such Borrowing (any such Advance made solely by Agent pursuant to this Section 2.1(i2.1(g) being referred to as an "Agent Loan" and such Advances being referred to collectively as "Agent Loans") available to Borrower Borrowers on the Funding Date applicable thereto by transferring same day funds to Borrower's Borrowers' Designated Deposit Account. Each Agent Loan is an Advance hereunder and shall be subject to all the terms and conditions applicable to other Advances, except that all payments thereon shall be payable to Agent solely for its own account (and for the account of the holder of any participation interest with respect to such Advance). Subject to the provisions of Section 2.1(n2.1(l), the Agent shall not make any Agent Loan if the Agent shall have received written notice from any Lender, or otherwise has actual knowledge, that (i) one or more of the applicable conditions precedent set forth in Section Sections 3.1 or 3.2 will not be satisfied on the requested Funding Date for the applicable Borrowing, or (ii) the requested Borrowing would exceed the Availability on such Funding Date. Agent shall not otherwise be required to determine whether the applicable conditions precedent set forth in Section Sections 3.1 or 3.2 have been satisfied on the Funding Date applicable thereto prior to making, in its sole discretion, any Agent Loan.

Making of Agent Loans. (i) In the event the Agent shall elect to have the terms of this Section 2.1(i2.1(g) apply to a requested Borrowing in excess of $5,000,000 250,000 as described in Section 2.1(g2.1(e) or in the event of any requested Borrowing of $5,000,000 250,000 or less, Agent shall make an Advance in the amount of such Borrowing (any such Advance made solely by Agent pursuant to this Section 2.1(i2.1(g) being referred to as an "Agent Loan" and such Advances being referred to collectively as "Agent Loans") available to Borrower on the Funding Date applicable thereto by transferring same day funds to Borrower's Designated Deposit Account. Each Agent Loan is an Advance hereunder and shall be subject to all the terms and conditions applicable to other Advances, except that all payments thereon shall be payable to Agent solely for its own account (and for the account of the holder of any participation interest with respect to such Advance). Subject to the provisions of Section 2.1(n2.1(l), the Agent shall not make any Agent Loan if the Agent shall have received written notice from any Lender, or otherwise has actual knowledge, that (i) one or more of the applicable conditions precedent set forth in Section Sections 3.1 or 3.2 will not be satisfied on the requested Funding Date for the applicable Borrowing, or (ii) the requested Borrowing would exceed the Availability on such Funding Date. Agent shall not otherwise be required to determine whether the applicable conditions precedent set forth in Section Sections 3.1 or 3.2 have been satisfied on the Funding Date applicable thereto prior to making, in its sole discretion, any Agent Loan.

Making of Agent Loans. (i) In the event the Agent shall elect to have the terms of this Section 2.1(iSECTION 2.1(g) apply to a requested Borrowing in excess of $5,000,000 as described in Section 2.1(gSECTION 2.1(e) or in the event of any requested Borrowing of $5,000,000 or less, Agent shall make an Advance in the amount of such Borrowing (any such Advance made solely by Agent pursuant to this Section 2.1(iSECTION 2.1(g) being referred to as an "Agent Loan" and such Advances being referred to collectively as "Agent Loans") available to Borrower on the Funding Date applicable thereto by transferring same day funds to Borrower's Designated Deposit Account. Each Agent Loan is an Advance hereunder and shall be subject to all the terms and conditions applicable to other Advances, except that all payments thereon shall be payable to Agent solely for its own account (and for the account of the holder of any participation interest with respect to such Advance). Subject to the provisions of Section 2.1(nSECTION 2.1(l), the Agent shall not make any Agent Loan if the Agent shall have received written notice from any Lender, or otherwise has actual knowledge, that (i) one or more of the applicable conditions precedent set forth in Section SECTIONS 3.1 or 3.2 will not be satisfied on the requested Funding Date for the applicable Borrowing, or (ii) the requested Borrowing would exceed the Availability on such Funding Date. Agent shall not otherwise be required to determine whether the applicable conditions precedent set forth in Section SECTIONS 3.1 or 3.2 have been satisfied on the Funding Date applicable thereto prior to making, in its sole discretion, any Agent Loan.