Making the Term Loans. (a) The Administrative Borrower shall give the Administrative Agent prior written 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 (x) 1 Business Day prior to the date of the proposed Initial Term Loan (or such shorter period as the Administrative Agent is willing to accommodate from time to time, but in no event later than 12:00 noon (New York City time) on the borrowing date of the proposed Term Loan) and (y) on the date which is 15 Business Days prior to the date of the proposed Delayed Draw Term Loan (or such shorter period as the Administrative Agent is willing, in its sole discretion, to accommodate from time to time). Such Notice of Borrowing shall be irrevocable and shall specify (i) the principal amount of the proposed Term Loan, (ii) whether such Term Loan requested is the Initial Term Loan or a Delayed Draw Term Loan, (iii) whether such Term Loan is requested to be a Base Rate Loan or a SOFR Loan and, in the case of a SOFR Loan, the Interest Period with respect thereto, (iv) the use of the proceeds of such proposed Term Loan, (v) the proposed borrowing date, which must be a Business Day, and, with respect to the Initial Term Loan, must be the Effective Date, and (vi) the wiring instructions for the dispersal of such Term Loan. The Administrative Agent and the Lenders may act without liability upon the basis of written notice believed by the Administrative Agent in good faith to be from the Administrative Borrower (or from any Authorized Officer thereof designated in writing purportedly from the Administrative 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 Term Loan on behalf of the Borrowers 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) Each Notice of Borrowing pursuant to this Section 2.02 shall be irrevocable (provided that such notice may provide that it is conditioned upon a specified event, in which case, such notice may be revoked or extended by written notice delivered to the Administrative Agent by the Administrative Borrower if any such condition is not satisfied) and the Borrowers shall be bound to make a borrowing in accordance therewith....
Making the Term Loans. (i) (A) Each Term Loan Borrowing shall be made on notice, given not later than 11:00 A.M. Local Time, (x) in the case of Eurodollar Rate Advances, on the third Business Day prior to the date of the proposed Borrowing or (y) in the case of Base Rate Advances, on the day of the proposed Borrowing, by the Borrower to the Administrative Agent, which shall give to each appropriate Lender prompt notice thereof by telecopier. Each such notice of a Term Loan Borrowing (a “Notice of Borrowing”) shall be by telephone, confirmed immediately in writing, in substantially the form of Exhibit B hereto, specifying therein the requested (I) date of such Term Loan Borrowing, (II) Type of Advances comprising such Term Loan Borrowing, (III) aggregate amount of such Term Loan Borrowing, (IV) [reserved] and (V) in the case of a Eurodollar Rate Advance, the Interest Period for each such Term Loan Borrowing. Each Lender shall, before 1:00 P.M. (Local Time) on the date of such Term Loan Borrowing make available for the account of its Applicable Lending Office to the Administrative Agent, in the Administrative Agent’s Account, in same day funds, such Lender’s ratable portion of such Term Loan Borrowing. After the Administrative Agent’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent, as applicable, will make such funds available to the Borrower at the Administrative Agent’s address set forth on Schedule 10.02.
Making the Term Loans. Each Lender severally agrees to make, on the Closing Date, a term loan to the Borrower in an amount equal to such Lender's Term Loan Commitment (each individually a "Term Loan" and, collectively, the "Term Loans"). All Term Loans shall be made by the Lenders on the Closing Date simultaneously, it being understood that no Lender shall be responsible for any failure by any other Lender to perform its obligation to make any Term Loan hereunder nor shall the Term Loan Commitment of any Lender be increased or decreased as a result of any such failure.
Making the Term Loans. (i) The Administrative Agent promptly shall notify each Term Lender of the amount of Term Loans requested by the Borrower. Each Term Lender shall deposit into an account specified by the Administrative Agent an amount equal to its Pro Rata Share of the Term Loan Commitments, in immediately available funds, not later than 1:00 p.m., New York City time, on the Closing Date. Subject to the satisfaction of the conditions precedent set forth in Article IV, the Administrative Agent shall make the proceeds of the Term Loans received by it available to the Borrower on the Closing Date.
(ii) Except as otherwise provided in this Section 1.02(c), all Term Loans under this Agreement shall be made by the Term Lenders simultaneously and proportionately to their Pro Rata Shares. The failure of any Term Lender to deposit the amount described in clause (i) above with the Administrative Agent on the Closing Date shall not relieve any other Term Lender of its obligations hereunder to make its Term Loan on the Closing Date. No Term Lender shall be responsible for any failure by any other Term Lender to perform its obligation to make a Term Loan hereunder nor shall the Term Loan Commitment of any Term Lender be increased or decreased as a result of any such failure.
Making the Term Loans. The Lender has made or will on the Funding Date make Term Loans to the Borrowers in the form of (a) the Initial Term Loan made under the Amended Loan Agreement in the original principal amount of $16,100,000 disbursed to Mountaineer in the amounts of $5,000,000 on July 3, 1996 and $11,100,000 on December 26, 1996, (b) the Reno Loan in the original principal amount of $8,000,000 disbursed to Speakeasy Reno on the Funding Date, and (c) the Cheyenne Term Loan in the original principal amount of $3,765,000 disbursed to Speakeasy Vegas on the Funding Date. The Term Loans shall continue to be outstanding until the Termination Date. The amount of the Term Loans 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 amount of Obligations under the Term Loans outstanding from time to time, whether in excess of the principal amount of the Term Note or otherwise, absent manifest error.
Making the Term Loans. Subject to the conditions precedent set forth in Sections 7.1 and 7.2, each of Wachovia and NationsBank (each a "Term Loan Lender") shall, on the Term Loan Closing Date, make a Term Loan to AMS in the amount of $10,000,000.00.
Making the Term Loans. The Term Loans shall be made upon written notice via FAX and EMAIL (in form and substance satisfactory to the Lender, the "Notice of Borrowing"), given by the Borrower to the Lender at least five Business Days prior to the proposed Borrowing Date. The Notice of Borrowing shall be irrevocable and shall specify therein (A) the proposed Borrowing Date, which shall be a Business Day and (B) the principal amount of the Term Loan to be borrowed on the Borrowing Date. Each Term Loan shall be in a principal amount of $10,000,000 or a whole multiple of $10,000,000 in excess thereof. 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 its Term Loan to be made by it hereunder on the Business Day specified in the applicable Notice of Borrowing by wire transfer of immediately available funds by 2:00 p.m., New York City time, to the Borrower's Account.
Making the Term Loans. Promptly after receipt by the Administrative Agent of a Loan Request pursuant to Section 3.1 [Term Loan Commitments], the Administrative Agent shall notify the Term Loan Lenders of the Borrowing Date for the Term Loans. Each Term Loan Lender shall remit the principal amount of its Term Loan (which shall be equal to its Applicable Term Loan Percentage of the aggregate Term Loans requested, not to exceed its Term Loan Commitment) to the Administrative Agent such that the Administrative Agent is able to, and the Administrative Agent shall, to the extent the Term Loan Lenders have made funds available to it for such purpose fund the Term Loans to the Borrowers in U.S. Dollars and immediately available funds at the Administrative Agent’s Office prior to 9:00 a.m, New York time, on the Closing Date, provided that if any Term Loan Lender fails to remit such funds to the Administrative Agent in a timely manner, the Administrative Agent may elect, in its sole discretion, to fund with its own funds the Term Loan of such Term Loan Lender on such Closing Date, and such Term Loan Lender shall be subject to the repayment obligation in Section 3.2(b) [Presumptions by the Administrative Agent].
Making the Term Loans. Each Lender severally agrees to make, on the First Amendment Closing Date, a term loan to the Borrower in an amount equal to such Lender's Term Loan Commitment set forth on Schedule I ("Term Loan"), which will refinance the term loan existing on the First Amendment Closing Date.
Making the Term Loans. Interest Repayment Dates; Repayment of the Term Loans. 20 2.2. Revolving Loans. 21 2.2.1. Making the Revolving Loans.
