Making the Term Loan. (a) The Administrative Borrower shall give the Agent prior notice (in writing, in substantially the form of Exhibit D hereto (a “Notice of Borrowing”)), not later than 12:00 noon (New York City time) on the date which is five (5) Business Days prior to the Effective Date (or such shorter period as the Agent is willing to accommodate from time to time, but in no event later than 12:00 noon (New York City time) on the Effective Date). Such Notice of Borrowing shall be irrevocable and shall specify (i) the principal amount of the proposed Loan, (ii) the use of the proceeds of such proposed Loan, and (iii) the proposed borrowing date, which must be the Effective Date. The Agent and the Lenders may act without liability upon the basis of written, telecopied or telephonic notice believed by the Agent in good faith to be from the Administrative Borrower (or from any authorized signatory thereof designated in writing purportedly from the Administrative Borrower to the Agent). The Agent and each Lender shall be entitled to rely conclusively on any authorized signatory’s authority to request a Loan on behalf of the Borrowers until the Agent receives written notice to the contrary. The Agent and the Lenders shall have no duty to verify the authenticity of the signature appearing on any written Notice of Borrowing.
(b) The Notice of Borrowing pursuant to this Section 2.02 shall be irrevocable and the Borrowers shall be bound to make a borrowing in accordance therewith.
(c) Except as otherwise provided in this subsection 2.02(c), all Loans under this Agreement shall be made by the Lenders simultaneously and proportionately to their Pro Rata Shares of the Total Commitment, it being understood that no Lender shall be responsible for any default by any other Lender in that other Lender’s obligations to make a Loan requested hereunder, 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 Term Loan required to be made by it by the terms of this Agreement regardless of the failure by any other Lender.
Making the Term Loan. (a) [Intentionally Omitted].
Making the Term Loan. The Agent shall, promptly after receipt by it of a Loan Request for or with respect to the Term Loan pursuant to Section 2.4 [Term Loan Requests], notify the Lenders of its receipt of such Loan Request specifying: (i) the proposed Borrowing Date and the time and method of disbursement of the Term Loan requested thereby; (ii) the amount and type of each portion of the Term Loan and the applicable Interest Period (if any); and (iii) the apportionment among the Lenders of the Term Loan as determined by the Agent in accordance with Section 2.2 [
Making the Term Loan. The Borrower shall give the Agent prior telephonic notice (immediately confirmed in writing, substantially in the form of Exhibit G (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 Effective Date. Such Notice of Borrowing shall be irrevocable and shall specify (i) the principal amount of the Term Loan, (ii) the use of the proceeds of the Term Loan, and (iii) the proposed borrowing date, which must be a Business Day. The Agent and the Lenders may act without liability upon the basis of written, telecopied or telephonic notice believed by the Agent in good faith to be from the Borrower (or from any Authorized Officer thereof designated in writing purportedly from the Borrower to the Agent). The Borrower hereby waives the right to dispute the Agent's record of the terms of any such telephonic Notice of Borrowing. The Agent and each Lender shall be entitled to rely conclusively on any Authorized Officer's authority to request the Term Loan on behalf of the Borrower until the Agent receives written notice to the contrary. The Agent and the Lenders shall have no duty to verify the authenticity of the signature appearing on any written Notice of Borrowing.
Making the Term Loan. The Lender has made the Term Loan (as defined in the Old Agreement) to the Borrowers under the Old Agreement in the original principal amount of $16,100,000. The Term Loan shall continue to be outstanding on and after the Closing Date until the Termination Date. The Term Loan amount may be increased to provide for the funding and payment of the Lender's fees and costs incurred in connection herewith, together with interest due thereon, which are unpaid as of the Termination Date and which accrue thereafter. The books and records of the Lender shall be presumptive evidence of the
Making the Term Loan. The Term Loan shall be made on the Closing Date. Upon fulfillment of the applicable conditions set forth in Section 5 hereof (or the waiver thereof by the Lender as herein prescribed), the Lender shall make the Term Loan to be made by it hereunder on the Closing Date by wire transfer of immediately available funds by 2:00 p.m., New York City time, to the Borrower in same day funds at the Borrower’s bank account with the Lender’s office at 000 Xxxx Xxxxxx, 00xx Xxxxx, Xxx Xxxx, XX 00000, or at such other bank account as the Borrower shall designate in writing to the Lender.
Making the Term Loan. The Administrative Agent shall, promptly after receipt by it of a Loan Request pursuant to Section 2.4 [Term Loan Request], notify the Lenders of its receipt of such Loan Request specifying: (i) the proposed Borrowing Date and the time and method of disbursement of the Term Loan requested thereby; (ii) the amount of the Term Loan; and (iii) the apportionment among the Lenders of the Term Loan as determined by the Administrative Agent in accordance with Section 2.2 [Nature of Lenders’ Obligations With Respect to the Term Loan]. Each Lender shall remit the principal amount of the Term Loan to the Administrative Agent such that the Administrative Agent is able to, and the Administrative Agent shall, to the extent the Lenders have made funds available to it for such purpose, fund the Term Loan to the Borrower in U.S. Dollars and immediately available funds prior to 12:00 p.m., New York City time, on the Borrowing Date.
Making the Term Loan. The Borrower shall give the Lender irrevocable notice of its intention to borrow under the Term Commitment (which notice shall be received by the Lender prior to 11:00 A.M., San Francisco time) one (1) Business Day prior to the date the Term Loan is to be made specifying the amount of the proposed borrowing. Upon satisfaction of the applicable conditions set forth in Article IV, the proceeds of such Term Loan will then be made available to the Borrower by the Lender by crediting the account of the Borrower on the books of the Lender, or as otherwise directed by the Borrower.
Making the Term Loan. (a) Upon fulfillment of the applicable conditions set forth in Article IV hereof, the Lender will make available the initial advances of the Term Loan to the Borrower in an amount not to exceed $217,259.99 by delivering the proceeds thereof to Borrower's creditors and vendors in immediately available funds (either in the form of a certified bank check or wire transfer). At the Closing, Lender will deliver funds payable to (A) Tessenderlo Xxxxxx, Inc. in the amount of $100,000 (or such lesser amount as Tessenderlo Xxxxxx, Inc. may accept in satisfaction of Borrower's obligations under the TKI Agreement); (B) Xxxxx X. Xxxxxxxx in the amount of $9,172.10; (C) Xxxxx Xxxxxxxx in the amount of $17,857.89; (D) Xxxxxxx Xxxxxx L.L.P. in an amount not to exceed $25,000; (E) Xxxxx Xxxxxx in the amount of $14,000; (F) Metropolitan Title in the amount of $3,730.00; and (G) Sabal Corp. in the amount of $47,500.00.
(b) After the Closing, the Lender will make available the remainder of the Term Loan in accordance with the provisions of Section 5.01(m) of this Agreement by wire transfer to Borrower's account at International Bank of Commerce on the fifth Business Day following presentation by Borrower of a Notice of Borrowing indicating the use of proceeds or other writing directing application of proceeds signed by Borrower and consented to by Lender in its sole discretion and providing the invoices or other documents supporting such payment in a form and substance reasonably acceptable to Lender (such acceptance to be presumed if Lender has not indicated otherwise in writing within five (5) Business Days after receipt) and agrees to advance such funds unless (i) the indicated use is not reasonably within the permitted use of proceeds provided for in Section 5.01(m) of this Agreement; or (ii) an Event of Default has occurred which has not been cured or waived.
(c) The Borrower shall execute and deliver to the Lender, at the Closing, a Term Note payable to the order of the Lender to evidence the Term Loan in the original principal amount of the Loan. The Term Loan amount may be increased by Lender to provide for the funding and payment of the Lender's costs incurred in connection herewith, which Borrower has not paid as of the Termination Date and which accrue thereafter, including but not limited to the fees of Lender's counsel not to exceed $25,000. The books and records of the Lender shall be presumptive evidence of the amount of Obligations under the Term Loan outstand...
Making the Term Loan. (a) Borrower shall provide Lender notice of borrowing hereunder at least 3 Business Days in advance of the Funding Date, setting forth the anticipated Funding Date and the principal amount of the Term Loan to be advanced on the Funding Date.
(b) Subject to satisfaction of the conditions set forth in Article III, Lender shall, before 2:00 P.M. (New York City time) on the Funding Date, make available for the account of Borrower the Term Loan in immediately available funds.
