Making the Loan Sample Clauses
Making the Loan. (a) The Loan shall be requested by the delivery of a Notice of Borrowing by the Borrower to the Administrative Agent not later than 4:00 p.m. (New York City time) on the third Business Day prior to the Funding Date specified in such notice. The Administrative Agent shall give to each Lender prompt notice thereof. The Notice of Borrowing shall be irrevocable and binding on the Borrower. The Notice of Borrowing shall be in writing specifying therein the (i) the aggregate amount of the Loan to be funded, and (ii) the proposed Funding Date. The Original Series A Lender and the Original Series B Lender shall, before 10:00 a.m. (New York City time) on the scheduled Funding Date, make available for the account of its Lending Office to the Administrative Agent's Account, in immediately available funds, the Series A Commitment and the Series B Commitment respectively. After the Administrative Agent's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article VI as confirmed during a closing conference call pursuant to which the Administrative Agent or its counsel shall indicate such fulfillment, the Administrative Agent shall transfer such funds to the Borrower at its account at Bank One Arizona, N.A. (ABA No. 122-100-024), Account Number 00000000.
(b) If for any reason a Closing is not consummated on the Funding Date set forth in the Notice of Borrowing, the Borrower may, by written notice to the Administrative Agent given by 5:00 p.m., New York City time on the scheduled Funding Date, designate a delayed Funding Date for such Closing, in which case the Administrative Agent shall hold the funds provided by the Lenders until such delayed Funding Date and use reasonable efforts to invest such funds in Permitted Investments, as directed by the Borrower, provided, that if such Closing does not occur by the third Business Day after such initial scheduled Funding Date, such funds shall be returned to the Lenders. The Administrative Agent shall pay to the Borrower upon its request any earnings from such investments, and the Borrower shall pay to the Administrative Agent upon its request any losses from such investments. If the Closing fails to occur on a scheduled or delayed Funding Date and the Borrower does not give notice of a delayed Funding Date pursuant to this Section, the Administrative Agent shall promptly return to the Lenders the amounts funded by them and the Borrower shall pay to the Lenders upon demand LIBOR Breakage Costs ...
Making the Loan. (a) The Borrowing of Loan A shall be made in a single disbursement of Loan A. The Borrowing of Loan B shall be made in a single disbursement of Loan B. Subject to the occurrence of and following the Business Combination Date, the Borrowing of Loan C shall be made in a single disbursement of Loan C.
(b) Each disbursement shall be made on notice given not later than 11:00 a.m. (New York City time) one (1) Business Day prior to the date of the proposed Borrowing, by the Borrower to the Lender. Each notice of Borrowing (a "Notice of Borrowing") shall be in writing, by e-mail, in substantially the form of Exhibit B hereto, specifying therein the requested date of the Borrowing. Upon fulfillment of the applicable conditions set forth in Article III, the Lender will make the funds available to the Borrower in an account designated by the Borrower in the Notice of Borrowing.
(c) A Notice of Borrowing shall be irrevocable and binding on the Borrower.
(d) With effect on and from the first date of the Interest Period commencing immediately following the occurrence of the Drawdown Date in respect of Loan B, Loan B will be consolidated into Loan A and treated as a single Loan. With effect on and from the first date of the Interest Period commencing immediately following the occurrence of the Drawdown Date in respect of Loan C, Loan C will be consolidated into Loan A and Loan B and treated as a single Loan.
Making the Loan. (a) The Borrower shall give the Administrative Agent notice (in substantially the form of Exhibit C hereto (a “Notice of Borrowing”)), not later than 12:00 noon (New York City time) on the date which is one (1) Business Day prior to the date of the proposed Loan (or such shorter period as the Administrative Agent is willing to accommodate, but in no event later than 12:00 noon (New York City time) on the borrowing date of the proposed Loan). Such Notice of Borrowing shall be irrevocable. The Administrative Agent and the Lenders may act without liability upon the basis of written, telecopied or telephonic notice believed by the Administrative Agent in good faith to be from the Borrower (or from any Authorized Officer thereof designated in writing purportedly from the Borrower to the Administrative Agent). The Administrative Agent and each Lender shall be entitled to rely conclusively on any Authorized Officer’s authority to request a Loan on behalf of the Borrower until the Administrative Agent receives written notice to the contrary. The Administrative Agent and the Lenders shall have no duty to verify the authenticity of the signature appearing on any written Notice of Borrowing.
(b) The Loan shall be made by the Lenders simultaneously and proportionately to their Pro Rata Shares of the Total Commitment, as the case may be, it being understood that no Lender shall be responsible for any default by any other Lender in that other Lender’ obligations to make the Loan, nor shall the Commitment of any Lender be increased or decreased as a result of the default by any other Lender in that other Lender’s obligation to make a Loan requested hereunder, and each Lender shall be obligated to make the Loans required to be made by it by the terms of this Agreement regardless of the failure by any other Lender.
Making the Loan. In reliance upon the representations, warranties, covenants and agreements of Borrower contained herein and in the other Loan Documents, and upon full satisfaction by Borrower of the terms and conditions precedent set forth in ARTICLE 4 of this Agreement, Lender agrees to make a loan (the "LOAN") to Borrower, which Loan shall be advanced to Borrower in a single advance of immediately available funds equal to the Loan Amount. The Loan Amount shall be used solely for the purposes described in SECTION 2.3 hereof. The Loan will be secured by, among other things, a Mortgage encumbering the Mortgaged Properties and other Improvements and granting a lien on and security interest in certain other Property described in the Mortgage and by other Security Documents effecting and granting a lien on and security interest in such other Collateral, and shall bear interest at the rates per annum specified in SECTION 2.4 hereof.
Making the Loan. The Loan shall be made on notice, given not later than 5:00 P.M. (New York time) on the fourth Business Day prior to the date of the proposed Loan, by the Borrower to the Administrative Agent, which shall give to the Initial Lender prompt notice thereof. Such notice of the Loan (the “Notice of Loan”) shall be by telephone, confirmed immediately in writing, or telecopier or telex, in substantially the form of Exhibit B-1 hereto, specifying therein (i) the requested date of the Loan (the actual date of the Loan being the date on which the Loan is made), (ii) the aggregate amount of the Loan, (iii) the date of delivery to the Borrower of the Aircraft to secure the Loan, (iv) the Principal Payment Dates for the Loan and the amount of principal of the Loan to be paid on each such date (expressed as a percentage of the original principal amount thereof) and (v) identifying information for the Aircraft to be financed. The Initial Lender shall, before 11:00 A.M. (New York time) on the date of the Loan, (i) make available for the account of its Lending Office to the Administrative Agent at the account of the Administrative Agent at Deutsche Bank Trust Company Americas, New York, 000 Xxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000 (account number 04 875 437 ABA 021 001 033) or (ii) make available for the account of its Lending Office at its account at Calyon, 1301 Avenue of the Americas, New York, New York Branch (account number 01 22456 0001 00 ABA 026 008 073), in same day funds, the amount of the Loan. After the receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent, if such funds have been received in its account listed above, or the Initial Lender, if such funds have remained in its account listed above, will make such funds available to the Borrower by transfer to AVSA at such account as AVSA may direct.
Making the Loan. Subject to the terms and conditions and relying upon the representations and warranties herein set forth, the Lender agrees to make the Loan to the Borrower on the terms set forth herein and in the Promissory Note ("Promissory Note") attached hereto as Exhibit B, which shall be issued by Borrower in connection with the Loan. In the event of any inconsistency or conflict between this Agreement and the Promissory Note, the terms, conditions and provisions of this Agreement shall govern and control.
Making the Loan. (a) On the date hereof, the Borrower shall issue to the Lender a Convertible Debt Instrument, in the aggregate principal amount of US$ 14,103,232.40 evidencing the obligation of the Borrower to repay such aggregate principal amount and interest thereon under this Agreement (the “Loan”), which obligation the Borrower is incurring as consideration for the Disbursement. Accordingly, the Lender shall not disburse any funds to the Borrower under this Agreement.
Making the Loan. (a) The Loan. Lender agrees, subject to the terms and conditions set forth in this Agreement, to make a loan to Borrower (the "Loan") in the aggregate principal amount of $112,750,000 on any Business Day (the date of the making of the Loan, the "Funding Date") after the Closing Date and on or prior to September 30, 2002.
Making the Loan. Lender will, subject to all of the applicable terms and conditions of this Agreement, fund the Initial Loan to the Borrower in accordance with the terms of the Notes. Amounts repaid hereunder may not be reborrowed.
Making the Loan. On the conditions set forth herein, Lender may, in its sole and absolute discretion, make Advances to Borrower from time to time during the Availability Period in an aggregate principal amount that will not result in the aggregate principal amount of all outstanding Advances to exceed the Loan Amount. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrower may borrow, prepay and reborrow.