Requests for Advance Sample Clauses

Requests for Advance. Borrower may request an Advance under this Section 3.A upon the delivery to Bank of a request for advance in form acceptable to Bank executed by authorized officers of Borrower, subject to the following: (a) on the proposed date of such Advance, after giving effect to all Advances, the principal amount of such Advance, plus the sum of the amount of all other outstanding Advances under this Section 3.A, shall not exceed the then applicable Capex Credit Commitment; (b) a Request for Advance, once delivered to Bank, shall not be revocable by the Borrower; (c) each request for advance shall constitute a certification by Borrower, as of the date thereof: (i) both before and after such Advance, the obligations of the Loan Parties set forth in this Agreement and the other Loan Documents to which such Persons are parties are valid, binding and enforceable obligations of such Persons; (ii) all conditions to Advances have been satisfied, and shall remain satisfied to the date of such Advance (both before and after giving effect to such Advance); (iii) there is no Default or Event of Default in existence, and none will exist upon the making of such Advance (both before and after giving effect to such Advance); (iv) the representations and warranties contained in this Agreement and the other Loan Documents are true and correct in all material respects and shall be true and correct in all material respects as of the making of such Advance (both before and after giving effect to such Advance), other than any representation or warranty that expressly speaks only as of a different date; and (v) the execution of such request for Advance will not violate the material terms and conditions of any material contract, agreement or other borrowing of any Loan Party. Bank may, at its option, lend under this Section 3.A upon the telephone or email request of an authorized officer of the Borrower and, in the event Bank makes any such Advance upon a telephone or email request, the requesting authorized officer shall, if so requested by Bank, fax to Bank, on the same day as such telephone or email request, a request for Advance in the form acceptable to Bank. Borrower hereby authorizes Bank to disburse Advances under this Section 3.A pursuant to the telephone or email instructions of any person(s) purporting to be an authorized officer of the Borrower and the Borrower shall bear all risk of loss resulting from disbursements made upon any telephone or email request. Each telephone or e...

Requests for Advance. Borrower shall give to the Agent written notice executed by an Authorized Officer in the form of Exhibit C hereto (or telephonic notice confirmed in writing in the form of Exhibit C hereto) of each Advance requested hereunder (a “Loan Request”) by 1:00 p.m. (Eastern time) one (1) Business Day prior to the proposed Drawdown Date with respect to Base Rate Advances and with respect to LIBOR Rate Advances (a) in the case of the Advances to be made on the Closing Date, two (2) Business Days prior to the Closing Date and (b) in the case of any other LIBOR Rate Advances, three (3) Business Days prior to the proposed Drawdown Date, unless the timing of such notice is waived or reduced by the Agent in its sole discretion. Each such notice shall specify with respect to the requested Advance the proposed principal amount of such Advance, the Type of Advance, the initial Interest Period (if applicable) for such Advance and the Drawdown Date. Promptly upon receipt of any such notice, the Agent shall notify each of the Lenders thereof. Each Loan Request shall be irrevocable and binding on Borrower and shall obligate Borrower to accept the Advance requested from the Lenders on the proposed Drawdown Date. Nothing herein shall prevent Borrower from seeking recourse against any Lender that fails to advance its proportionate share of a requested Advance as required by this Agreement. Each Loan Request shall be, subject to § 2.1(b), (a) for Base Rate Advances in a minimum aggregate amount of $1,000,000 or an integral multiple of $100,000 in excess thereof; or (b) for LIBOR Rate Advances in a minimum aggregate amount of $1,000,000 or an integral multiple of $250,000 in excess thereof; provided, however, that there shall be no more than ten (10) LIBOR Rate Advances outstanding at any one time.

Requests for Advance. Each request for a Loan or the conversion or renewal of an interest rate with respect to a Loan shall be made not later than 11:00 a.m. on a Business Day by delivery to the Administrative Agent of a written request signed by the Borrowers or, in the alternative, a telephone request followed promptly by written confirmation of the request (a "Request for Advance"), specifying the date and amount of the Loan to be made, converted or renewed, selecting the interest rate option applicable thereto, and in the case of a LIBO Rate Loan, specifying the Interest Period applicable to such Loan. The form of request to be used in connection with the making, conversion or renewal of Loans shall be that form provided to the Borrowers by the Administrative Agent. Each request shall be received on the same Business Day of the date of the proposed borrowing, conversion or renewal in the case of Base Rate Loans and three London Business Days prior to the date of the proposed borrowing, conversion or renewal in the case of LIBO Rate Loans. No request shall be effective until actually received in writing by the Administrative Agent. Any request may be made by submission of such request by facsimile transmission with the signed original being promptly transmitted to the Administrative Agent. The Administrative Agent shall be entitled to rely on a facsimile of the signed original as fully as if it had received the signed original.

Requests for Advance. The proceeds derived from the issuance of such Additional Bonds for the construction of the Construction Project (or for reimbursement of advances by Tenant for the construction of the Construction Project) shall be deposited on behalf of Landlord by Indenture Trustee into the Construction Account of the Bond Fund established by SECTION 8.2 of the Indenture. Each time Tenant desires to receive an advance from the Construction Account to pay or reimburse Tenant for costs incurred in connection with the Construction Project, at the election of Tenant, as such work progresses or upon the completion thereof, Tenant shall deliver to Landlord (with a copy to Indenture Trustee) in respect thereto a request for advance in the form of EXHIBIT I attached hereto (a "REQUEST FOR ADVANCE"), true and correct in all respects, completed in all material respects and signed by Tenant. Each time a Request for Advance is presented, the amount to be advanced by Indenture Trustee on behalf of Landlord shall not exceed a sum equal to the aggregate amount of the "current payment due" as shown in the AIA Form G702 attached to such Request for Advance; PROVIDED, that as to all such Requests for Advance, if retainage in the amount required by applicable law ("RETAINAGE") has not been deducted in calculating such "current payment due", Indenture Trustee on behalf of Landlord may, at its option, pay only an amount equal to the sum which would have been shown as the "current payment due" had such Retainage been deducted. Advances from the Construction Account shall only be used for the purpose of paying the costs of the Construction Project items set forth in the Construction Project budget approved by Landlord (the "APPROVED BUDGET"). In no event shall Landlord (or Indenture Trustee on behalf of Landlord) be required to make any advance for payment of any item in excess of the amount budgeted for such item in the Approved Budget or for payment of any item not included in the Approved Budget. Each Request for Advance shall be accompanied by (1) AIA Forms G702 and G703, (2) a certificate of the Construction Consultant certifying that, to the best of its knowledge, information and belief, the work performed or materials purchased or installed or delivered to the Construction Project site are in compliance with the Plans and Specifications, and that, based on information currently available and if applicable, nothing has come to its attention which would make Tenant unable to complete the...

Requests for Advance. Each request for a Loan shall be made not later than 2:00 p.m. on a Business Day by delivery to the Bank of a written request signed by Xxxxxx or in the alternative a telephone request followed promptly by written confirmation of the request. No request shall be effective until actually received in writing by the Bank. Xxxxxx may not request more than three advances per week. A request for Revolving Credit Loans or a conversion or renewal shall be delivered to the Bank (A) at least one Business Day, in the case of Base Rate Loans and (B) three London Business Days, in the case of LIBO Rate Loans, prior to the date on which such Loan is desired. The request shall state (i) the date of such Borrowing, conversion or renewal, which shall be a Business Day or, in the case of LIBO Rate Loans, a London Business Day, (ii) the amount of such Borrowing, conversion or renewal, (iii) whether the Loans comprising such Borrowing are to be Base Rate Loans or LIBO Rate Loans and (iv) in the case of LIBO Rate Loans, the duration of the Interest Period applicable thereto. Each request for advance shall be for Loans at a single interest rate option.

Requests for Advance. Each request for an advance, and the receipt of the funds requested thereby, shall have the effect stated in the definition of the term Request for Advance.

Requests for Advance. Each request for a Loan shall be made not later than 2:00 p.m. on a Business Day by delivery to the Bank of a written request signed by Xxxxxx or in the alternative a telephone request followed promptly by written confirmation of the request, specifying the date, amount and type of the Loan to be made. Each request shall be received not less than one Business Day prior to the date of the proposed borrowing. No request shall be effective until actually received in writing by the Bank. Xxxxxx may not request more than three advances per week.

Requests for Advance. To receive an Advance the Borrower shall submit to the Bank, by facsimile transmission with the original to follow by mail, a Request for Advance signed by the Borrower and the Guarantor. Requests for Advance shall be for an amount of not less than $100,000.00. Upon receipt of a Request for Advance by Bank and the Bank having made a determination that sufficient finds are available under the Facility and all other conditions to such Advance shall have been fulfilled, Bank will make the Advance to the Borrower, subject to the terms, provisions and conditions as provided in this Agreement. All disbursements will be made to Borrower in a manner determined by Bank, or with Bank's approval, into the Operating Account or as Borrower otherwise directs in writing. Each Advance shall be considered to have been advanced to and received by Borrower upon, and interest on the Loan proceeds will be payable by Borrower from and after, the disbursement of the Advance to or for the benefit of the Borrower as aforesaid. In no event shall Bank be required to make any Advance from and after the Commitment Termination Date.

Requests for Advance. It is acknowledged that the Contributing Parties have deposited, or caused CMLC to deposit, an amount to be determined following the reconciliation process set out in the CMLC Agreement (the “Remaining CMLC Working Capital”) into the Project Account, and each Contributing Party agrees to deposit a further contribution of funds in respect of Eligible Costs, the amount of which will be determined forthwith following the Effective Date, within fifteen (15) days of the Effective Date (collectively, with the Remaining CMLC Working Capital and further contributions to the Project Account, the “Working Capital”), and shall deposit further contribution of funds upon receipt of a Request for Advance from Development Manager in accordance with Section 10.3. Development Manager shall prepare a Request for Advance subject to Section 8.1. Development Manager will be responsible for and shall use the funds in the Project Account for the payment of all Eligible Costs, City Additional Costs, and CSERELP Additional Costs in accordance with the Project Budget. For greater certainty, Development Manager shall not be required to pay any Project Costs using its own funds. Development Manager shall administer the procedure for Advances in respect of Project Costs in accordance with the following terms and conditions: (a) Advances shall occur not more frequently than once per month, upon a date (an “Advance Date”) determined by Development Manager, which date shall in any event be at least 15 Business Days after the delivery of a Request for an Advance, by delivering to the Steering Committee a completed Request for Advance in the form attached hereto in Schedule F, which Request for Advance shall be accompanied by the following: (i) a statement signed by an officer of Development Manager which includes: (A) the amount of additional funds to be deposited in the Project Account by the Contributing Parties; (B) the current balance in the Project Account and a reconciliation of such balance to the Project balance in the previous statement; and (C) a schedule of the payments for which such additional funds are anticipated to be used to pay Project Costs together with confirmation that each such payment relates to a cost which constitutes a Project Cost and that such Project Costs are provided for in the Project Budget; (D) all material supporting documentation, including copies of detailed invoices from Consultants and Contractors for payments made since the last Request for Advance...

Requests for Advance. Each request for a Loan, conversion of a Loan to a different interest rate, or renewal of a Loan whose interest rate period is expiring, shall be the subject of a "Request for Advance" and each shall be deemed to be a new Loan. If the Bank shall offer to make the requested Loan, the funds shall be delivered to or at the direction of ABL or FLC in the case of a new Loan or be used to repay the Loan being converted or renewed in the case of a conversion or renewal. Requests of Advance shall be made not later than 11:00 a.m. one Business Day prior to the date of the proposed borrowing, conversion or renewal in the case of Prime Rate Loans, and three London Business Days prior to the date of the proposed borrowing, conversion or renewal in the case of LIBO Rate Loans. No request shall be effective until actually received in writing by the Bank. Each Request for Advance shall made by delivery to the Bank of a written request therefor signed by ABL or FLC or, in the alternative, a telephone request therefor followed promptly by written confirmation of the request, in each case specifying the date, amount and type of the Loan to be made, converted or renewed selecting the interest rate option to be applicable thereto, and in the case of LIBO Rate Loans, specifying the Interest Period to be applicable thereto.