SECTION AGREEMENT TO LEND Sample Clauses

SECTION AGREEMENT TO LEND. (a) Each Term Lender severally agrees, on the terms and conditions hereinafter set forth, to make in a single draw-down on the Term Loan Funding Date a Term Loan to Borrower in the amount of such Lender's Term Loan Commitment Amount. (b) Each Revolving Lender severally agrees, on the terms and conditions hereinafter set forth, to make on and after the Initial Funding Date and until and including the Revolving Credit Commitment Termination Date, one or more Revolving Loans to Borrower in an amount not to exceed the Revolving Loan Commitment Amount of such Revolving Lender. (c) Notwithstanding anything to the contrary contained in this Agreement, the Borrower may not request a Loan hereunder if, after giving effect to the application of the proceeds of such Loans, the aggregate amount of the Loans would exceed the difference of (x) the Borrowing Base less (y) $40,000,000. (d) The proceeds of the Term Loans, together with the proceeds of Second Priority Term Loans, shall be used, on the Term Loan Funding Date, to repay the principal of, interest and prepayment fees relating to the Xxxxxx Xxxxxxx Bridge Notes and the Silicon Valley Facility, and to pay all fees and expenses incurred in connection with the Loan Documents. The proceeds of Revolving Loans shall be used to purchase or otherwise acquire Telecommunications Equipment. FIRST PRIORITY LOAN AGREEMENT ----------------------------- (e) Term Loans that are repaid or prepaid may not be reborrowed. Revolving Loans that are repaid or prepaid may be reborrowed through the Revolving Credit Commitment Termination Date (but may not be reborrowed after such date). (f) Notwithstanding anything to the contrary contained in this Agreement, Borrower shall request that Revolving Loans be made on the Revolving Credit Commitment Termination Date in an amount equal to the difference, if any, as of such date, between the aggregate Revolving Loan Commitment Amounts of all Revolving Lenders and the outstanding Revolving Loans.
Sample 1
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SECTION AGREEMENT TO LEND. (a) Each Lender severally agrees, on the terms and conditions hereinafter set forth, to make in a single draw-down on the Funding Date a Loan to Borrower in the amount of such Lender's Commitment (b) The proceeds of the Loans, together with the proceeds of up to $15,000,000 of First Priority Loans, shall be used, on the Funding Date, to repay the principal of, interest and prepayment fees relating to the Xxxxxx Xxxxxxx Bridge Notes and the Silicon Valley Facility, and to pay all fees and expenses incurred in connection with the Loan Documents. (c) Loans that are repaid or prepaid may not be reborrowed.
Sample 1

Related to SECTION AGREEMENT TO LEND

  • Agreement to Lend Lender hereby agrees to lend up to but not in excess of the Loan Amount to Borrower, and Borrower hereby agrees to borrow such sum from Lender, all upon and subject to the terms and provisions of this Agreement, such sum to be evidenced by the Note. No principal amount repaid by Borrower may be reborrowed by Borrower. Borrower’s liability for repayment of the interest on account of the Loan shall be limited to and calculated with respect to Loan proceeds actually disbursed to Borrower pursuant to the terms of this Agreement and the Note and only from the date or dates of such disbursements. After notice to Borrower, Lender may, in Lender’s sole discretion, disburse Loan proceeds by journal entry to pay interest and financing costs and, following an uncured Event of Default, disburse Loan proceeds directly to third parties to pay costs or expenses required to be paid by Borrower pursuant to this Agreement. Loan proceeds disbursed by Lender by journal entry to pay interest or financing costs, and Loan proceeds disbursed directly by Lender to pay costs or expenses required to be paid by Borrower pursuant to this Agreement, shall constitute Advances to Borrower.

  • Amendment to Loan Agreement Subject to satisfaction of the conditions precedent set forth in Section 4 below, the Loan Agreement is hereby amended as follows:

  • Amendment to the Loan Agreement Section 3.1 of the Loan Agreement shall be amended and restated as follows:

  • Termination Agreement 8.01 Notwithstanding any other provision of this Agreement, WESTERN, at its sole option, may terminate either a Purchase Order or this Agreement at any time by giving fourteen (14) days written notice to CONSULTANT, whether or not a Purchase Order has been issued to CONSULTANT. 8.02 In the event of termination of either a Purchase Order or this Agreement, the payment of monies due CONSULTANT for work performed prior to the effective date of such termination shall be paid within thirty (30) days after receipt of an invoice as provided in this Agreement. Upon payment for such work, CONSULTANT agrees to promptly provide to WESTERN all documents, reports, purchased supplies and the like which are in the possession or control of CONSULTANT and pertain to WESTERN.

  • One Agreement This Agreement and any related security or other agreements required by this Agreement, collectively: (a) represent the sum of the understandings and agreements between the Bank and the Borrower concerning this credit; (b) replace any prior oral or written agreements between the Bank and the Borrower concerning this credit; and (c) are intended by the Bank and the Borrower as the final, complete and exclusive statement of the terms agreed to by them. In the event of any conflict between this Agreement and any other agreements required by this Agreement, this Agreement will prevail.

  • Parties to Lock-Up Agreements The Company has furnished to the Underwriters a letter agreement in the form attached hereto as Exhibit A (the “Lock-up Agreement”) from each of the persons listed on Exhibit B. Such Exhibit B lists under an appropriate caption the directors and executive officers of the Company. If any additional persons shall become directors or executive officers of the Company prior to the end of the Company Lock-up Period (as defined below), the Company shall cause each such person, prior to or contemporaneously with their appointment or election as a director or executive officer of the Company, to execute and deliver to the Representatives a Lock-up Agreement.

  • Amended and Restated Agreement and Declaration of Trust A copy of the Amended and Restated Agreement and Declaration of Trust for the Trust is on file with the Secretary of the Commonwealth of Massachusetts. The Amended and Restated Agreement and Declaration of Trust has been executed on behalf of the Trust by Trustees of the Trust in their capacity as Trustees of the Trust and not individually. The obligations of this Agreement shall be binding upon the assets and property of the Trust and shall not be binding upon any Trustee, officer, or shareholder of the Trust individually.

  • Amendment to Employment Agreement 2 of the Employment Agreement is amended and restated in its entirety to read as follows:

  • Term of Agreement; Amendment; Assignment A. This Agreement shall become effective with respect to each Fund listed on Exhibit A hereof as of the date hereof and, with respect to each Fund not in existence on that date, on the date an amendment to Exhibit A to this Agreement relating to that Fund is executed. Unless sooner terminated as provided herein, this Agreement shall continue in effect for two years from the date hereof. Thereafter, if not terminated, this Agreement shall continue in effect automatically as to each Fund for successive one-year periods, provided such continuance is specifically approved at least annually by: (i) the Trust’s Board, or (ii) the vote of a “majority of the outstanding voting securities” of a Fund, and provided that in either event, the continuance is also approved by a majority of the Trust’s Board who are not “interested persons” of any party to this Agreement, by a vote cast in person at a meeting called for the purpose of voting on such approval. B. Notwithstanding the foregoing, this Agreement may be terminated, without the payment of any penalty, with respect to a particular Fund: (i) through a failure to renew this Agreement at the end of a term, (ii) upon mutual consent of the parties, or (iii) upon not less than 60 days’ written notice, by either the Trust upon the vote of a majority of the members of its Board who are not “interested persons” of the Trust and have no direct or indirect financial interest in the operation of this Agreement, or by vote of a “majority of the outstanding voting securities” of a Fund, or by the Distributor. The terms of this Agreement shall not be waived, altered, modified, amended or supplemented in any manner whatsoever except by a written instrument signed by the Distributor and the Trust. If required under the 1940 Act, any such amendment must be approved by the Trust’s Board, including a majority of the Trust’s Board who are not “interested persons” of any party to this Agreement, by a vote cast in person at a meeting for the purpose of voting on such amendment. In the event that such amendment affects the Advisor, the written instrument shall also be signed by the Advisor. This Agreement will automatically terminate in the event of its “assignment.” C. As used in this Section, the terms “majority of the outstanding voting securities,” “interested person,” and “assignment” shall have the same meaning as such terms have in the 1940 Act. D. Sections 7 and 8 shall survive termination of this Agreement.

  • Second Amendment to Exhibit A to Services Agreement Exhibit A to the Services Agreement shall be, and here by is, supplemented with the following:

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