Common use of Procedures and Conditions Clause in Contracts

Procedures and Conditions. Each Revolving Credit Loan obtained by the Borrower shall be subject to the following terms and conditions: (a) Each Revolving Credit Loan obtained by the Borrower shall be in the minimum principal sum of One Thousand Dollars ($1,000.00). (b) Whenever the Borrower desires to obtain a Revolving Credit Loan it shall deliver to the Lender a Request for Disbursement (either orally or in writing) (unless waived by the Lender in writing) before the day on which it wishes to have the fund made available. Each such Request for Disbursement shall specify the amount of the Revolving Credit Loan requested, the date on which the Borrower desires the funds to be made available, and the purpose for which the Revolving Credit Loan is requested. The Borrower hereby authorizes the treasurer of the Borrower, and any person designated by the board of directors of the Borrower pursuant to a resolution which has been certified to the Lender by the corporate secretary or an assistant corporate secretary of the Borrower, to make either an oral or a written Request for Disbursement. As long as the Lender believes in good faith that the person actually making any oral Request for Disbursement is, in fact, such treasurer or other person designated by the Borrower's board of directors, then any Revolving Credit Loan made as a result of the Request for Disbursement shall be deemed to have been made pursuant to a valid and authorized Request for Disbursement, regardless of whether the maker of the Request for Disbursement was truly who he or she claimed to be. (c) The Borrower shall not be entitled to obtain any Revolving Credit Loan if any Event of Default or Unmatured Default shall exist at the time of the making of the Request of Disbursement, or would exist upon the making of the Revolving Credit Loan requested, even if the Lender does not elect to terminate the Revolving Credit as a Borrower with notice of any determination by the Lender to refuse to make additional advances of the Revolving Credit Loan because of the existence of an Unmatured Default as soon as practicable following any such determination, and the Lender acknowledges that the Borrower shall again be entitled to advances of the Revolving Credit Loan if, in such event, such Unmatured Default is cured prior to the occurrence of any Event of Default. (d) The Borrower shall not be entitled to obtain any Revolving Credit Loan if immediately after making the Revolving Credit Loan were to be made, the aggregate of the unpaid principal balance of the Revolving Credit Loans would exceed the maximum amount permitted under Section 3.02. (e) All Revolving Credit Loans shall be made in strict compliance with the terms and provisions of this Agreement, unless the Lender elects in its sole discretion to waive nay of those terms and conditions. The waiver of any terms and conditions with respect to any one Revolving Credit Loan shall not constitute a waiver of the same or any other terms or conditions with respect to any other Revolving Credit Loan. (f) Each request by the Borrower for a Revolving Credit Loan hereunder shall constitute the making of the following representations and warranties by the Borrower to the Lender: 1) That the Borrower is then, and at the time the Revolving Credit Loan actually is made will be, entitled under this Agreement to obtain that Revolving Credit Loan; and 2) That all of the covenants, agreements, representations and warranties made by the Borrower in this Agreement, and in the Security Agreement and in any writing delivered to the Lender by or on behalf of the Borrower, are true, correct and complete in all material respects, and have been complied in all material respects (to the extent required by the terms thereof) with, as of such dates.

Procedures and Conditions. Each Revolving Credit Loan obtained The obtaining by the Borrower Taco Bell Xxxperative of each advance under the Taco Bell Xxxe of Credit shall be subject to the following terms and conditions: (a) Each Revolving advance under the Taco Bell Xxxe of Credit Loan obtained by the Borrower shall be in the minimum principal sum integral multiples of One Hundred Thousand Dollars ($1,000.00)100,000.00) or, if less, the amount available to be borrowed under the Taco Bell Xxxe of Credit at the time the advance is requested by the Taco Bell Xxxperative. Whenever the Taco Bell Xxxperative desires that the Bank make an advance under the Taco Bell Xxxe of Credit to the Taco Bell Xxxperative, the Taco Bell Xxxperative shall give the Bank telephonic or facsimile notice of the amount of the advance requested and the date on which such advance is to be made by the Bank. At the request of the Bank, the Taco Bell Xxxperative shall confirm in writing any telephonic request of an advance under the Taco Bell Xxxe of Credit. (b) Whenever the Borrower desires to obtain a Revolving Credit Loan it The Bank shall deliver not incur any liability to the Lender a Request for Disbursement (either orally or Taco Bell Xxxperative in writing) (unless waived by the Lender in writing) before the day on which it wishes acting upon any telephonic notice referred to have the fund made available. Each such Request for Disbursement shall specify the amount of the Revolving Credit Loan requested, the date on above which the Borrower desires the funds to be made available, and the purpose for which the Revolving Credit Loan is requested. The Borrower hereby authorizes the treasurer of the Borrower, and any person designated by the board of directors of the Borrower pursuant to a resolution which has been certified to the Lender by the corporate secretary or an assistant corporate secretary of the Borrower, to make either an oral or a written Request for Disbursement. As long as the Lender Bank believes in good faith that the person actually making any oral Request for Disbursement is, in fact, such treasurer to have been given by a duly authorized officer or other person designated authorized to borrow on behalf of the Taco Bell Xxxperative or for otherwise acting in good faith under this Section 4.5, and, upon the funding of any advance under the Taco Bell Xxxe of Credit by the Borrower's board of directors, then any Revolving Credit Bank in accordance with this Loan made as a result of the Request for Disbursement shall be deemed to have been made Agreement pursuant to a valid and authorized Request for Disbursementany telephonic notice, regardless of whether the maker of the Request for Disbursement was truly who he or she claimed to beBorrower shall have effected such advance hereunder. (c) The Borrower Bank shall not be entitled to obtain any Revolving make the proceeds of each advance under the Taco Bell Xxxe of Credit Loan if any Event of Default or Unmatured Default shall exist at the time of the making of the Request of Disbursement, or would exist upon the making of the Revolving Credit Loan requested, even if the Lender does not elect to terminate the Revolving Credit as a Borrower with notice of any determination requested by the Lender to refuse to make additional advances of the Revolving Credit Loan because of the existence of an Unmatured Default as soon as practicable following any such determination, and the Lender acknowledges that the Borrower shall again be entitled to advances of the Revolving Credit Loan if, in such event, such Unmatured Default is cured prior Taco Bell Xxxperative available to the occurrence Taco Bell Xxxperative on the date requested by the Taco Bell Xxxperative (which shall be a Business Day) by causing an amount of any Event same day funds equal to the proceeds of Defaultsuch advance to be credited to the operating account maintained by the Taco Bell Xxxperative with the Bank. (d) The Borrower Taco Bell Xxxperative shall not be entitled have no right to obtain obtain, and the Bank shall have no obligation to make, any Revolving advance under the Taco Bell Xxxe of Credit Loan if immediately after making the Revolving Credit Loan were to be made, the aggregate a Taco Bell Xxxault or a Taco Bell Xxxnt of the unpaid principal balance of the Revolving Credit Loans would exceed the maximum amount permitted under Section 3.02Default has occurred and is continuing. (e) All Revolving Credit Loans shall be made in strict compliance with the terms and provisions of this Agreement, unless the Lender elects in its sole discretion to waive nay of those terms and conditions. The waiver of any terms and conditions with respect to any one Revolving Credit Loan shall not constitute a waiver of the same or any other terms or conditions with respect to any other Revolving Credit Loan. (f) Each request by the Borrower Taco Bell Xxxperative for an advance under the Taco Bell Xxxe of Credit shall, in and of itself, constitute a Revolving Credit Loan hereunder shall constitute the making of the following representations continuing representation and warranties warranty by the Borrower Taco Bell Xxxperative to the Lender: 1Bank (i) That that the Borrower is thenTaco Bell Xxxperative then is, and at the time the Revolving Credit Loan actually advance is made will be, entitled under this Agreement to obtain that Revolving Credit Loan; and 2) That all of the covenants, agreements, representations and warranties made by the Borrower in this Agreement, and in the Security Agreement and in any writing delivered to the Lender by or on behalf of the Borrower, are true, correct and complete in all material respects, and have been complied in all material respects (to the extent required by the terms thereof) with, as of such dates.actually

Procedures and Conditions. Each Revolving Credit disbursement under the Loan obtained by the Borrower shall be subject to the following terms teens and conditions: (a) Each Revolving Credit Loan obtained by the Borrower shall be in the minimum principal sum of One Thousand Dollars ($1,000.00). (b) Whenever the Borrower desires to obtain a Revolving Credit Loan disbursement (a "Disbursement"), it shall deliver to the Lender either a Request written or telephonic request for Disbursement (either orally or in writing) (unless waived by prior to the Lender in writing) before the day date on which it wishes to have the fund funds made available. Each such Request for Disbursement shall specify , specifying the amount of the Revolving Credit Loan Disbursement requested, the date on which the Borrower desires the funds to be made available, and the purpose for which the Revolving Credit Loan Disbursement is requested. The Borrower hereby authorizes the treasurer of the Borrower, and any person designated by the board of directors of the Borrower pursuant to a resolution which has been certified to the Lender by the corporate secretary or an assistant corporate secretary of the Borrower, to make either an oral or a written Request for Disbursement. As long as the Lender believes in good faith that the person actually making any oral Request for Disbursement is, in fact, such treasurer or other person designated by the Borrower's board of directors, then any Revolving Credit Loan made as a result of the Request for Disbursement shall be deemed to have been made pursuant to a valid and authorized Request for Disbursement, regardless of whether the maker of the Request for Disbursement was truly who he or she claimed to be. (cb) The Borrower shall not be entitled to obtain any Revolving Credit Loan Disbursement if any Event of Default or Unmatured Default shall exist exists at the time of the making of the Request of request for Disbursement, or would exist upon the making of the Revolving Credit Loan Disbursement requested, even if the Lender does not elect to terminate the Revolving Credit Loan as a Borrower with notice result of any determination by the Lender to refuse to make additional advances such event of the Revolving Credit Loan because of the existence of an Default or Unmatured Default as soon as practicable following any such determination, and the Lender acknowledges that the Borrower shall again be entitled to advances of the Revolving Credit Loan if, in such event, such Unmatured Default is cured prior to the occurrence of any Event of Default. (dc) The If Borrower shall not be entitled to obtain requests any Revolving Credit Loan Disbursement which, if immediately after making the Revolving Credit Loan were to be made, would cause the aggregate principal amount of the unpaid principal balance of the Revolving Credit Loans would all Disbursements then outstanding to exceed the maximum amount permitted under Section 3.022.04 of this Agreement, then the Lender may disburse only that part of the requested Disbursement which would cause the aggregate principal amount of the Loan then outstanding to equal the maximum amount permitted under Section 2.04 of this Agreement. (ed) All Revolving Credit Loans Disbursements shall be made in strict compliance with the terms and provisions of this Agreement, unless the Lender elects in its sole discretion to waive nay any of those terms and conditions. The waiver of any terms and conditions with respect to any one Revolving Credit Loan Disbursement shall not constitute a waiver of the same or any other terms or conditions with respect to any other Revolving Credit LoanDisbursement. (e) Each request by Borrower for a Disbursement hereunder shall constitute the remaking of the representations and warranties by Borrower contained in Section 7 of this Agreement. (f) Each request by the Borrower for a Revolving Credit Loan hereunder shall constitute the making of the following representations and warranties by the Borrower Subject to the Lender: 1) That the Borrower is then, terms and at the time the Revolving Credit Loan actually is made will be, entitled under this Agreement to obtain that Revolving Credit Loan; and 2) That all conditions of the covenants, agreements, representations and warranties made by the Borrower in this Agreement, and in the Security As Agreement and in any writing delivered the Note, amounts borrowed and repaid may be repaid and reborrowed from time to the Lender by or on behalf of the Borrower, are true, correct and complete in all material respects, and have been complied in all material respects (to the extent required by the terms thereof) with, as of such datestime.

Procedures and Conditions. Each Revolving Credit Loan obtained by the Borrower shall be subject to the following terms and conditions: (a) Each Revolving Credit Loan obtained by the Borrower shall be in the increments of $1,000.00 with a minimum principal sum amount of One Ten Thousand Dollars ($1,000.0010,000.00). (b) Whenever the Borrower desires wishes to obtain a Revolving Credit Loan it shall deliver to the Lender a Request for Disbursement (either orally or in writing) (unless waived by notify the Lender in writingwriting no less than one (1) before banking day prior to the day on which it wishes to have the fund funds made available. Each such Request for Disbursement shall specify , specifying the amount of the Revolving Credit Loan requested, and the date on which the Borrower desires wishes the funds to be made available, and the purpose for which the Revolving Credit Loan is requested. The Borrower hereby authorizes the treasurer of the Borrower, and any person designated by the board of directors of the Borrower pursuant to a resolution which has been certified to the Lender by the corporate secretary or an assistant corporate secretary of the Borrower, to make either an oral or a written Request for Disbursement. As long as the Lender believes in good faith that the person actually making any oral Request for Disbursement is, in fact, such treasurer or other person designated by the Borrower's board of directors, then any Revolving Credit Loan made as a result of the Request for Disbursement shall be deemed to have been made pursuant to a valid and authorized Request for Disbursement, regardless of whether the maker of the Request for Disbursement was truly who he or she claimed to be. (c) The Borrower shall not be entitled to obtain any Revolving Credit Loan if such Revolving Credit Loan would cause the aggregate principal balance of the Revolving Credit Loans to exceed $10,000,000.00 or any Event of Default or Unmatured Default shall exist at the time of the making of the Request of Disbursementrequest for disbursement, or would exist upon the making of the Revolving Credit Loan requested, even if the Lender does not elect to terminate the Revolving Credit as a Borrower with notice result of any determination by the Lender to refuse to make additional advances of the Revolving Credit Loan because of the existence of an Unmatured Default as soon as practicable following any such determination, and the Lender acknowledges that the Borrower shall again be entitled to advances of the Revolving Credit Loan if, in such event, such Unmatured Default is cured prior to the occurrence of any Event of Default or Unmatured Default. (d) The Borrower shall not be entitled to obtain any Revolving Credit Loan if immediately after making the Revolving Credit Loan were to be made, the aggregate of the unpaid principal balance of the Revolving Credit Loans would exceed the maximum amount permitted under Section 3.02. (e) All Revolving Credit Loans shall be made in strict compliance with the terms and provisions of this Agreement, unless the Lender elects in its sole discretion to waive nay any of those terms and conditions. The waiver of any terms and conditions with respect to any one Revolving Credit Loan shall not constitute a waiver of the same or any other terms or conditions with respect to any other Revolving Credit Loan. (fe) Each request by the Borrower for a Revolving Credit Loan hereunder shall constitute the making of the following representations and warranties by the Borrower to the Lender: (1) That the Borrower is then, and at the time the Revolving Credit Loan actually is made will be, entitled under this Agreement to obtain that Revolving Credit Loan; and (2) That all of the covenants, agreements, representations and warranties made by Borrower in the Borrower in this Agreement, and in Document to which the Security Agreement Borrower is a party and in any writing delivered to the Lender by or on behalf of the Borrower, Borrower are true, correct and complete in all material respectscomplete, and have been fully complied in all material respects (to the extent required by the terms thereof) with, as of such dates.