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Overline Sample Clauses

Overline. Borrower acknowledges that Lender has advised Borrower that Lender does not intend to permit Borrower to incur Obligations at any time in an outstanding principal amount exceeding the Maximum Facility; however, it is agreed that should the Obligations of Borrower to Lender incurred under the Revolving Loan or otherwise exceed that figure or any other limitation herein set forth, including without limitation, the borrowing formulas set forth in Section 2.1 above, all such excess obligations shall (a) constitute Obligations under this Agreement, (b) shall be entitled to the benefit of all security and protection under this Agreement and all Loan Documents and secured by the Collateral and (c) shall be payable immediately upon demand by Lender.
Sample 1Sample 2Sample 3See All (13)
Overline. (i) Subject to the terms hereof, Bank agrees to extend a revolving seasonal line of credit (the "Overline") to Borrower, in the original principal amount of up to Ten Million and no/100 Dollars ($10,000,000.00), for the purpose of financing Borrower's short-term working capital needs, specifically, payments to be received under documentary letters of credit issued for the benefit of Borrower for goods sold to Wal-Mart. The Overline will be available during the period commencing on the date hereof and continuing until December 31, 2002 (which date, as extended in accordance with the terms hereof, shall be the "Overline Maturity Date"), provided that advances under the Overline may be obtained only during the period from June 1, 2000, through November 30, 2000. From June 1, 2000, through November 30, 2000, Borrower may from time to time borrow, repay and re-borrow, subject to the Borrowing Base Agreement attached hereto as "Exhibit A" and by reference made a part hereof, and the Borrowing Base set forth therein (the "Borrowing Base") for the purpose of reimbursing the Bank for drafts drawn under the letters of credit issued by the bank. Borrower may not borrow or re-borrow under the Overline after November 30, 2000. The amount of Bank's agreement to lend pursuant to the Overline (the "Overline Committed Amount") will be reduced permanently by any prepayment of principal prior to the Overline Maturity Date. Borrower shall execute and deliver to Bank a promissory note (the "Overline Note") in the principal amount of $10,000,000, which Overline Note shall bear interest and be payable in accordance with the terms set forth hereinbelow.
Sample 1
Overline. (a) Borrowers acknowledge that Lender has advised Borrowers of each and all of the following: (1) Lender does not intend to permit Borrowers either separately or in the aggregate to incur Obligations at any time in an outstanding principal amount exceeding the Maximum Facility. (2) With respect to the Revolving Loan, Lender does not intend to permit Borrowers either separately or in the aggregate (i) to borrow at any time that there exists a Term Loan Collateral Deficiency not cured in the manner required by Section 9.20 below or (ii) to at any time have Revolving Loan Advances outstanding in a principal amount which exceeds the Revolving Loan Borrowing Capacity or which creates or results in a Term Loan Collateral Deficiency. (3) Lender does not intend to permit the existence of any Term Loan Collateral Deficiency which is not cured in the manner required by Section 9.20 below. (b) Notwithstanding the foregoing, it is agreed that should the Obligations of Borrowers to Lender incurred under the Revolving Loan exceed the Revolving Loan Borrowing Capacity or should the Obligations of Borrowers to Lender incurred under the Revolving Loan and the Term Loan exceed the Maximum Facility then, all such Obligations in excess of the Revolving Loan Borrowing Capacity or the Maximum Facility shall (a) constitute Obligations under this Agreement, (b) be entitled to the benefit of all security and protection under this Agreement and the other Loan Documents, (c) be secured by the Collateral and (d) be payable immediately without notice or demand by Lender.
Sample 1
Overline. A new Section 2(e) is hereby added to the Agreement as follows:
Sample 1
Overline. Borrower acknowledges that Lender has advised Borrower that Lender does not intend to permit Borrower to incur Obligations under this Agreement at any time in an outstanding principal amount exceeding the Maximum Facility or the maximum amount of the Revolving Loan; however, it is agreed that should the Obligations of Borrower to Lender incurred under the Loans or otherwise exceed either then, such excess Obligations shall (a) constitute Obligations under this Agreement, (b) be entitled to the benefit of all security and protection under this Agreement and the other Loan Documents, and (c) be payable immediately without notice or demand by Lender.
Sample 1
Overline. Borrower acknowledges that Lender has advised Borrower that Lender does not intend to permit Borrower to receive Advances at any time in an outstanding principal amount exceeding either the Borrowing Capacity or the Maximum Facility; however, it is agreed that should the outstanding principal balance of Advances exceed either then, all such Obligations shall (a) constitute Obligations under this Agreement, (b) be entitled to the benefit of all security and protection under this Agreement and the other Loan Documents, (c) be secured by the Collateral and (d) be payable immediately without notice or demand by Lender.
Sample 1
Overline. Borrower acknowledges that Lender has advised Borrower that Lender does not intend to permit Borrower to incur Revolving Loans at any time in an outstanding principal amount exceeding the lesser of the Maximum Facility and the Borrowing Base or in excess of any other sublimit contained herein; however, it is agreed that should the outstanding principal amount of the Revolving Loans exceed the Maximum Facility, the Borrowing Base or any other sublimit contained herein, then such excess Revolving Loans shall (a) constitute Obligations under this Agreement, (b) be entitled to the benefit of all security and protection under this Agreement and the other Loan Documents, (c) be secured by the Collateral and (d) be payable immediately without notice or demand by Lender.
Sample 1
Overline. In the event that the Company draws down the full $3 million amount available under the Amendment #1 to the Revolving Note Agreement dated April 5, 2007 ("Note") on or prior to December 31, 2007, and the Company requires additional working capital to pursue its business strategy and operations and has not closed on alternative debt or equity financing aggregating at least $1 million, Angus Capital Partners agrees to fund up to an additional $1 million during 2007 under the same terms and conditions as set forth in the Note.
Sample 1
Overline. Any amount by which the Aggregate Revolving Obligations exceed the Revolving Commitments shall (A) be immediately due and payable on demand and, once paid to Administrative Agent, shall be applied, first, to the payment of any Swingline Loans; second, to all other Revolving Loans which are Base Rate Loans or LIR Loans; third to Revolving Loans which are LIBOR Loans; and, fourth, to Cash Collateralize the LC Obligations; (B) constitute Obligations secured by the Collateral; and (C) be entitled to all benefits of the Loan Documents. In no event shall Administrative Agent be required to honor any request for a Revolving Loan when an Overadvance exists or would result therefrom.
Sample 1

Related to Overline

  • Use of Buildings In addition to use and control of the Church and Parish buildings for the discharge of duties of the Xxxxxx'x office, as provided by Canon law, the Xxxxxx shall have the right to grant use of the buildings to individuals or groups from outside the parish, following guidelines approved by the Xxxxxx, Wardens and Vestry.

  • RECORDS MANAGEMENT AND MAINTENANCE CONTRACTOR, its officers, agents, employees and subcontractors shall, throughout the term 12 of this Agreement, prepare, maintain and manage records appropriate to the services provided and in 13 accordance with this Agreement and all applicable requirements.

  • LANDLORD'S MAINTENANCE Subject to the provisions of Articles 4 and 14, Landlord shall, as an Operating Expense, maintain and make necessary repairs to the foundations, roofs, exterior walls, and the structural elements of the Building, the electrical, plumbing, heating, ventilating, air-conditioning, mechanical, communication, security and the fire and life safety systems of the Building and those corridors, washrooms and lobbies which are Common Areas of the Building, except that: (a) Landlord shall not be responsible for the maintenance or repair of any floor or wall coverings in the Premises or any of such systems which are located within the Premises and are supplemental or special to the Building’s standard systems; and (b) the cost of performing any of said maintenance or repairs whether to the Premises or to the Building caused by the negligence of Tenant, its employees, agents, servants, licensees, subtenants, contractors or invitees, shall be paid by Tenant, subject to the waivers set forth in Section 16.4. Landlord shall not be liable to Tenant for any expense, injury, loss or damage resulting from work done in or upon, or in connection with the use of, any adjacent or nearby building, land, street or alley.

  • RECORDS MAINTENANCE The CONTRACTOR shall maintain books, records, documents, data and other evidence relating to this contract and performance of the services described herein, including but not limited to accounting procedures and practices that sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this contract. CONTRACTOR shall retain such records for a period of six years following the date of final payment. At no additional cost, these records, including materials generated under the contract, shall be subject at all reasonable times to inspection, review or audit by the AGENCY, personnel duly authorized by the AGENCY, the Office of the State Auditor, and federal and state officials so authorized by law, regulation or agreement. If any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved.

  • LANDLORD’S MAINTENANCE AND REPAIR Subject to Section 7.1 and Article XI, Landlord shall provide service, maintenance and repair with respect to any air conditioning, ventilating or heating equipment which serves the Premises (exclusive, however, of supplemental HVAC equipment serving only the Premises), and shall maintain in good repair the roof, foundations, footings, the exterior surfaces of the exterior walls of the Building (including exterior glass), and the structural, electrical and mechanical systems, except that Tenant at its expense shall make all repairs which Landlord deems reasonably necessary as a result of the act or negligence of Tenant, its agents, employees, invitees, subtenants or contractors. Landlord shall have the right to employ or designate any reputable person or firm, including any employee or agent of Landlord or any of Landlord's affiliates or divisions, to perform any service, repair or maintenance function. Landlord need not make any other improvements or repairs except as specifically required under this Lease, and nothing contained in this Section shall limit Landlord's right to reimbursement from Tenant for maintenance, repair costs and replacement costs as provided elsewhere in this Lease. Tenant understands that it shall not make repairs at Landlord's expense or by rental offset. Tenant further understands that Landlord shall not be required to make any repairs to the roof, foundations, footings, the exterior surfaces of the exterior walls of the Building (excluding exterior glass), or structural, electrical or mechanical systems unless and until Tenant has notified Landlord in writing of the need for such repair and Landlord shall have a reasonable period of time thereafter to commence and complete said repair, if warranted. All costs of any maintenance, repairs and replacement on the part of Landlord provided hereunder shall be considered part of Project Costs. Tenant further agrees that if Tenant fails to report any such need for repair in writing within sixty (60) days of its discovery by Tenant, Tenant shall be responsible for any costs and expenses and other damages related to such repair which are in excess of those which would have resulted had such need for repair been reported to Landlord within such sixty (60) day period.

  • Tenant’s Proportionate Share [15%]. Such share is a fraction, the numerator of which is the Rentable Area of the Premises, and the denominator of which is the Rentable Area of the Project, as determined by Landlord from time to time. The Project consists of one building containing a total Rentable Area of 30,000 square feet.

  • Rentable Area 6.1. The term “Rentable Area” shall reflect such areas as reasonably calculated by Landlord’s architect, as the same may be reasonably adjusted from time to time by Landlord in consultation with Landlord’s architect to reflect changes to the Premises, the Building or the Project, as applicable.

  • Records Maintenance; Access Contractor shall maintain all financial records relating to this Contract in accordance with generally accepted accounting principles. In addition, Contractor shall maintain any other records, books, documents, papers, plans, records of shipments and payments and writings of Contractor, whether in paper, electronic or other form, that are pertinent to this Contract (“Records”) in such a manner as to clearly document Contractor's performance. Contractor acknowledges and agrees that Agency and the Oregon Secretary of State's Office and the federal government and their duly authorized representatives will have access to such financial records and other Records that are pertinent to this Contract, whether in paper, electronic or other form, to perform examinations and audits and make excerpts and transcripts. Contractor shall retain and keep accessible all such financial records and other Records for a minimum of 6 years, or such longer period as may be required by applicable law, following final payment and termination of this Contract, or until the conclusion of any audit, controversy or litigation arising out of or related to this Contract, whichever date is later.

  • Parking Throughout the Lease Term, Tenant shall have the exclusive right to use, free of charges, the number of parking spaces set forth in Section 12 of the Summary, which parking spaces constitute the entirety of the parking under the Building and the adjacent surface parking, being all of the parking in the Project. Tenant shall comply with the Parking Rules and Regulations which are in effect on the date hereof, as set forth in the attached Exhibit D and all reasonable modifications and additions thereto which are prescribed from time to time for the orderly operation and use of the Parking Areas by Landlord, and/or Landlord’s Parking Operator (as defined below); provided that such modifications or alterations do not effect Tenant’s use of or access to the Parking Areas. Landlord specifically reserve the right to change the size, configuration, design, layout, of the Parking Areas, and Tenant acknowledges and agrees that Landlord may, without incurring any liability to Tenant and without any abatement of Rent under this Lease, from time to time, temporarily close-off or restrict access to the Parking Areas, so long as Tenant retains access to the number of parking spaces set forth in Section 12 of the Summary. Landlord may delegate its responsibilities hereunder to a parking operator (the “Parking Operator”) in which case the Parking Operator shall have all the rights of control attributed hereby to Landlord. Any parking tax or other charges imposed by governmental authorities in connection with the use of such parking shall be paid directly by Tenant or the parking users, or, if directly imposed against Landlord, Tenant shall reimburse Landlord for all such taxes and/or charges within thirty (30) days after Landlord’s demand therefor. The parking rights provided to Tenant pursuant to this Article 23 are provided solely for use by Tenant’s own personnel visitors and invitees and such rights may not be transferred, assigned, subleased or otherwise alienated by Tenant without Landlord’s prior approval, except in connection with an assignment of this Lease or sublease of the Premises made in accordance with Article 14 above.

  • Office Space All faculty members teaching one-half time or more shall be provided with office space on the campus where the majority of their courses are taught. Further, the Employer will, upon the request of a faculty member, complete Income Tax Form No.T2200 (Declaration of Employment Conditions - Office or Employment Expense).

Most Referenced Clauses

Most Referenced Definitions