Second Advance. Lenders shall not be obligated to fund the Second Advance unless: (i) all of the conditions precedent to the Initial Advance have been satisfied; (ii) Borrower shall have acquired good and indefeasible title to the Initial Terramics Pool Properties, which Initial Terramics Pool Properties shall be subject to, and comply with, the requirements of SECTION 8.3; (iii) Agents have received property condition reports and environmental assessments with respect to the Initial Terramics Pool Properties acceptable to, and approved by, Agents; (iv) Agents have received copies of the acquisition documents with respect to the Initial Terramics Pool Properties acceptable to Agents; and (v) Administrative Agent has timely received all of the items described on SCHEDULE 5 with respect to each Pledgor owning the Initial Terramics Pool Properties.
Second Advance. On September 9, 2024, Xxxxxx advanced the additional principal sum of One Hundred Twenty Thousand ($120,000.00) Dollars, in an amount equal to such principal sum minus the Original Issue Discount.
Second Advance. On August 16, 2024, Xxxxxx advanced the additional principal sum of Five Hundred Thousand ($500,000.00) Dollars, in an amount equal to such principal sum minus the Original Issue Discount.
Second Advance. Within twenty-five (25) days following the date of the Initial Advance, Lender shall make an advance of the Loan to Borrower in the amount of $3,424,688 (the "SECOND ADVANCE"), provided that Borrower has satisfied the conditions to such Second Advance set forth in Section 2.7.
Second Advance. From the Effective Date through SEPTEMBER 29, 2018, Debtor may request the SECOND (2ND) advance under the Credit Facility in the amount of TWO MILLION AND NO/100 DOLLARS ($2,000,000.00) (the “Second Advance”) provided that the Second Advance Conditions are satisfied as determined by Lender in its reasonable discretion. “Second Advance Conditions” means, collectively: (i) at least SEVENTY (70) days prior to the proposed date of disbursement of the Second Advance, Debtor shall have provided Lender with a written request for the Second Advance; (ii) no Material Adverse Effect shall have occurred; (iii) no Default or Event of Default shall be then existing; (iv) [***] and (v) neither a Level 1 Trigger nor Consumer Loan Value Deficiency shall have occurred and be continuing either immediately before, or would occur immediately after, giving effect to the Second Advance.
Second Advance. (1) As additional compensation for entering into this Agreement, the Company shall advance to Employee, on the date of execution of this Agreement, the aggregate principal amount of One Million Five Hundred Thousand Dollars ($1,500,000) (the "Second Advance"
Second Advance. The obligation of the Lender to make the Second Advance is subject to the fulfillment, in a manner satisfactory to the Lender, of each of the following conditions:
Second Advance. The obligation of the Lenders to make the second Advance is subject to the following conditions precedent (unless the Requisite Lenders, in their sole and absolute discretion, shall agree otherwise):
(a) except (i) for representations and warranties which expressly speak as of a particular date or are no longer true and correct as a result of a change which is permitted by this Agreement or (ii) as disclosed by Borrower and approved in writing by the Requisite Lenders, the representations and warranties contained in Article 4 shall be true and correct in all material respects on and as of the date of the Advance as though made on that date;
(b) other than matters described in Schedule 4.10 or not required as of the Closing Date to be therein described, there shall not be then pending or threatened any action, suit, proceeding or investigation against or affecting Parent or any of its Subsidiaries or any Property of any of them before any Governmental Agency that constitutes a Material Adverse Effect;
(c) the Administrative Agent shall have timely received a Request for Loan in compliance with Article 2;
(d) no Default or Event of Default shall have occurred and be continuing; and
(e) the Administrative Agent shall have received, in form and substance satisfactory to the Administrative Agent, such other assurances, certificates, documents or consents related to the foregoing as the Administrative Agent or Requisite Lenders reasonably may require.
Second Advance. On or before the Advance Date of the Second Advance, Agent shall have conducted an inspection/field examination of the Collateral, the results of which shall be reasonably satisfactory to Agent. Agent shall schedule such inspection promptly after Borrower’s request, it being the expectation of Borrower and Lender to have the inspection results finalized before March 31, 2015.
Second Advance. The conditions set forth in Sections 3.1, 3.2 and 3.3 shall have been satisfied, and the Lenders shall have made the Second Advance.
