Common use of No Deficiency Clause in Contracts

No Deficiency. Notwithstanding anything in this Agreement to the contrary, Bank shall not be obligated to make any Loan, any advance of credit or issue any Letter of Credit if, after giving effect to such Loan, advance or Letter of Credit, a Deficiency would occur. If, as at any time, a Deficiency occurs, Borrower shall immediately, without demand or notice, reduce the then outstanding balance of the Loans so that such Deficiency shall no longer exist; however, if such Deficiency was caused solely by the good faith exercise of Bank’s discretion under Section 2.9.1, Borrower shall, within 5 Business Days after the occurrence of such Deficiency, reduce the then outstanding balance of the Loans so that such Deficiency shall no longer exist.

Appears in 2 contracts

Samples: Financing Agreement (EQM Technologies & Energy, Inc.), Financing Agreement (EQM Technologies & Energy, Inc.)

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No Deficiency. Notwithstanding anything in this Agreement to the contrary, Bank shall not be obligated to make any LoanRegular Advance, Cash Secured Advance, any advance of credit or issue any Letter of Credit if, after giving effect to such LoanRegular Advance, Cash Secured Advance, other advance or Letter of Credit, a Deficiency would occur. If, as at of any time, a Deficiency occurs, Borrower shall immediately, without demand or notice, reduce the then outstanding balance of the Loans so that such Deficiency shall no longer exist; provided, however, if such Deficiency was caused solely by the good faith exercise of Bank’s discretion under Section 2.9.12.10(a), Borrower shall, within 5 five (5) Business Days after the occurrence of such Deficiency, reduce the then outstanding balance of the Loans so that such Deficiency shall no longer exist.

Appears in 1 contract

Samples: Financing Agreement (OVERSTOCK.COM, Inc)

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No Deficiency. Notwithstanding anything in this Agreement to the contrary, Bank shall not be obligated to make any Loan, any advance of credit or issue any Letter of Credit if, after giving effect to such Loan, advance or Letter of Credit, a Deficiency would occur. If, as at any time, a Deficiency occurs, Borrower Borrowers shall immediately, without demand or notice, reduce the then outstanding balance of the Loans so that such Deficiency shall no longer exist; however, if such Deficiency was caused solely by the good faith exercise of Bank’s discretion under Section 2.9.1, Borrower Borrowers shall, within 5 Business Days after the occurrence of such Deficiency, reduce the then outstanding balance of the Loans so that such Deficiency shall no longer exist.

Appears in 1 contract

Samples: Loan Agreement (EQM Technologies & Energy, Inc.)

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