Common use of Proposed Use of Borrowing Clause in Contracts

Proposed Use of Borrowing. [ Borrower to describe the proposed use of funds ] The distribution of the Loan requested hereby may be made for the credit of the Borrower to the Borrower’s Account by wire transfer of the funds to: Name of Bank: Address of Bank: Account Name: Account Number: Transit Number: ABA Number: SWIFT Code: The Borrower, and the undersigned officer to the best of his knowledge in his capacity as an officer of the Borrower, each certifies that: (a) the representations and warranties made by the Credit Parties in the Credit Agreement, in the Security Documents or which are contained in any certificate furnished at any time under or in connection with the Credit Agreement are true and correct on and as of the date set forth above as if made on and as of such date, except for representations and warranties expressly stated to relate to a specific earlier date; (b) no Default or Event of Default has occurred and is continuing on the date set forth above or will occur after giving effect to the Loan; (c) after the advance of the Loan requested hereby, the aggregate sum of all outstanding Loans (including the Loan advanced pursuant hereto) will not exceed the Commitment Amount; (d) there does not exist any litigation, investigation, bankruptcy or insolvency, injunction, order or claim affecting or relating to any Credit Party or any of its Subsidiaries, or any Mining Property, which has had, or could reasonably be expected to have, a Material Adverse Effect, or which could reasonably be expected to affect the legality, validity or enforceability of the Credit Agreement or any other Credit Document, that has not been settled, dismissed, vacated, discharged or terminated; (e) no Borrower, Credit Party or any Mining Property has incurred or suffered a Material Adverse Effect; and (f) all conditions set forth in Section 2.3 and Section 6.1 of the Credit Agreement have been, and shall remain, satisfied; the Borrower hereby certifies the satisfaction of all such conditions precedent (that have not been waived by the Lender in its sole discretion) by its delivery of this Notice of Borrowing.

Appears in 2 contracts

Samples: Senior Secured Gold Stream Credit Agreement (Golden Phoenix Minerals Inc), Senior Secured Gold Stream Credit Agreement (Golden Phoenix Minerals Inc)

AutoNDA by SimpleDocs

Proposed Use of Borrowing. [ Borrower to describe General working capital purposes in accordance with the proposed use of funds ] Work Program and Budget The distribution of the Loan requested hereby may be made for the credit of the Borrower to the Borrower’s Account by wire transfer of the funds to: Name of Bank: Address of Bank: Account Name: Account Number: Transit Number: ABA Number: SWIFT Code: The Borrower, Borrower and the undersigned officer to the best of his knowledge in his capacity as an officer of the Borrower, each certifies that: (a) the representations and warranties made by the Credit Parties in the Credit Loan Agreement, in the Security Documents or which are contained in any certificate furnished at any time under or in connection with the Credit Loan Agreement are true and correct on and as of the date set forth above as if made on and as of such date, except for representations and warranties expressly stated to relate to a specific earlier date; (b) no Default or Event of Default has occurred and is continuing on the date set forth above or will occur after giving effect to the Loan; (c) after the advance of the Loan requested hereby, the aggregate sum of all outstanding Loans (including the Loan advanced pursuant hereto) will not exceed the Commitment Amount; (d) there does not exist any litigation, investigation, bankruptcy or insolvency, injunction, order or claim affecting or relating to any Credit Party or any of its Subsidiaries, or any Mining PropertyProject, which has had, or could reasonably be expected to have, a Material Adverse Effect, or which could reasonably be expected to affect the legality, validity or enforceability of the Credit Loan Agreement or any other Credit Loan Document, that has not been settled, dismissed, vacated, discharged or terminated; (ed) no Borrower, Credit Party Guarantor or any Mining Property Project has incurred or suffered a Material Adverse Effect; and (fe) all conditions set forth in Section 2.3 2.2 and Section 6.1 5.1 of the Credit Loan Agreement have been, and shall remain, satisfied; the Borrower hereby certifies the satisfaction of all such conditions precedent (that have not been waived by the Lender in its sole discretion) by its delivery of this Notice of Borrowing. THIS SECURITY AGREEMENT (as amended, modified, supplemented, restated or replaced from time to time, the “Agreement”) is made as of December 17, 2012 by URANIUM RESOURCES, INC., a corporation organized and existing under the laws of the State of Delaware (the “Borrower”) and the Guarantor Debtors (defined below) from time to time party hereto (with the Borrower and the Guarantor Debtors being collectively and individually referred to as the “Debtor”) in favor and for the benefit of RESOURCE CAPITAL FUND V L.P. (with its successors and assigns, the “Secured Party”).

Appears in 1 contract

Samples: Bridge Loan Agreement (Uranium Resources Inc /De/)

AutoNDA by SimpleDocs

Proposed Use of Borrowing. [ Borrower [·] [insert description; to describe be provided by the proposed use of funds Borrower] The distribution of the Loan requested hereby may be made for the credit of the Borrower to the Borrower’s Account by wire transfer of the funds to: Name of Bank: Address of Bank: Account Name: Account Number: / Transit Number: ABA Number: SWIFT Code: The Borrower, Borrower and the undersigned officer to the best of his knowledge in his capacity as an officer of the Borrower, each certifies that: (a) the representations and warranties made by the Credit Parties in the Credit Loan Agreement, in the Security Documents or which are contained in any certificate furnished at any time under or in connection with the Credit Loan Agreement are true and correct on and as of the date set forth above as if made on and as of such date, except for representations and warranties expressly stated to relate to a specific earlier date; (b) no Default or Event of Default has occurred and is continuing on the date set forth above or will occur after giving effect to the Loan; (c) after the advance of the Loan requested hereby, the aggregate sum of all outstanding Loans (including the Loan advanced pursuant hereto) will not exceed the Commitment Amount; (d) there does not exist any litigation, investigation, bankruptcy or insolvency, injunction, order or claim affecting or relating to any Credit Party or any of its Subsidiaries, or any Mining PropertyProject, which has had, or could reasonably be expected to have, a Material Adverse Effect, or which could reasonably be expected to affect the legality, validity or enforceability of the Credit Loan Agreement or any other Credit Loan Document, that has not been settled, dismissed, vacated, discharged or terminated; (ed) no Borrower, Credit Party Guarantor or any Mining Property Project has incurred or suffered a Material Adverse Effect; and (fe) all conditions set forth in Section 2.3 2.2 and Section 6.1 [5.1 if Tranche One Initial Advance Commitment] [5.2 if Tranche One Post-Approval Commitment] [5.3 if Tranche Two Commitment] [5.4 if Tranche Three Commitment] of the Credit Loan Agreement have been, and shall remain, satisfied; the Borrower hereby certifies the satisfaction of all such conditions precedent (that have not been waived by the Lender in its sole discretion) by its delivery of this Notice of Borrowing.

Appears in 1 contract

Samples: Loan Agreement (Uranium Resources Inc /De/)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!