Subsequent Drawdowns. If a Lender becomes a Non-Participating Lender, subsequent Drawdowns will be funded first by the Non-Participating Lender rateably based on each Non-Participating Lender's Individual Commitment Amount, until the Principal Amounts of the Lenders are again in proportion to their respective Rateable Portions prior to the Hostile Acquisition.
Subsequent Drawdowns. The obligation of the Lender to make available its Advance in respect of a Drawdown after the first Drawdown is subject to the fulfillment, as determined solely by the Lender and its counsel, of the following conditions precedent three (3) Banking Days (or such shorter period as the Lender may otherwise agree) prior to the date of such Drawdown (except as otherwise indicated below) and the continued fulfillment of such conditions on the date of such Drawdown:
(a) The conditions precedent set forth in Section 9.01 shall have been fulfilled and all documents and instruments delivered to the Lender pursuant thereto shall continue to be in full force and effect; and
(b) The Lender shall have received (i) the notice of Drawdown as specified in Section 2.02 and (ii) such other documents as the Lender may reasonably request.
Subsequent Drawdowns. After the drawdown of the first Advance, the obligation of the Lender to make any Advance under any of the Facility Agreements is subject only to:
36.2.1 the Lender having received the requisite Drawing Notice in accordance with the provisions of the relevant Facility Agreement;
36.2.2 the Borrower having complied with any additional conditions to draw down which are mentioned in the Facility Agreement concerned; and
36.2.3 the absence of any continuing and unremedied Potential Event of Default or continuing and unremedied Event of Default.
Subsequent Drawdowns. During the Capital Raising Period (as such term is defined the Stockholders’ Agreement), the Company may, from time to time, require each of the Investors to purchase from the Company, subject to the satisfaction (or waiver) of the conditions set forth in Section 5 and Section 6 of this Agreement, Common Stock (or subject to Section 3.01 of the Stockholders’ Agreement, Preferred Stock) in one or more Subsequent Drawdowns, subject to each Investor’s Maximum Dollar Investment and Maximum Committed Percentage and Maximum Voting Percentage. The Company shall conduct any Subsequent Drawdown during the Capital Raising Period as follows:
(i) The Company shall deliver to each Investor a written notice (each such notice, a “Drawdown Notice”) setting forth with respect to such Subsequent Drawdown (A) the aggregate amount to be funded (which aggregate amount shall be no less than $10,000,000 for each Subsequent Drawdown), (B) the amount of Purchased Shares, determined pursuant to this Agreement and the Stockholders’ Agreement, to be purchased by the Investor, (C) the Purchase Price (as such term is defined in the Stockholders’ Agreement) per share of Common Stock or Preferred Stock and the amount to be funded by each Investor, and (D) the date on which the closing (the “Drawdown Closing”) of the Subsequent Drawdown is set to take place (which date shall not be fewer than ten (10) business days after the date of such Drawdown Notice) (the “Drawdown Closing Date”). Each Drawdown Closing shall be subject to the satisfaction (or waiver) of the conditions set forth in Section 5 and Section 6 of this Agreement.
(ii) If the Subsequent Drawdown is to support an FDIC Bid for a Target Bank acquisition from the FDIC, the Drawdown Notice will include such intention (an “Escrow Funding Notice”), and each Investor shall, subject to the satisfaction (or waiver) of the conditions set forth in Section 5 and Section 6 of this Agreement as if such conditions were conditions precedent to such Investor’s obligations to fund into escrow mutatis mutandis, fund its subscription funds into an escrow account at least five (5) business days prior to the Bank submitting its bid to the FDIC (or such other period required by the bank regulators), provided that the applicable Drawdown Notice shall be delivered to each Investor no fewer than ten (10) business days prior to such funding date (the “Escrow Funding Date”). If (A) the FDIC Bid is accepted by the FDIC, (B) the Bank shall have executed a ...
Subsequent Drawdowns. If a Lender becomes a Non-Participating Lender, subsequent Drawdowns under the applicable Tranche will be funded first by the Non-Participating Lender rateably based on each Non-Participating Lender’s Individual Commitment Amount under such Tranche, until the Principal Amounts owed to the Lenders under such Tranche are again in proportion to their respective Rateable Portions prior to the Hostile Acquisition.
Subsequent Drawdowns. Call Notices. ..
Subsequent Drawdowns. Each Partner also shall make additional contributions to the capital of the Partnership (“Subsequent Drawdowns”) in accordance with the remainder of this 6.2.
Subsequent Drawdowns. Once Utilisations amounting in aggregate US$ 100,000,000 of the Bridge Facility have been made, in order to make Drawdowns of a further amount of up to US$ 100,000,000 of the Bridge Facility, the Borrower shall deliver to the Facility Agent one or more duly completed Drawdown Requests not later than eleven a.m. (11:00) of the third Business Day prior to the date on which the relevant Drawdown must be made effective, and subject to completion with the conditions precedent set out under Clauses 4.1(b), 4.2 and 4.3 above.
Subsequent Drawdowns. If a Lender is a Non-Participating Lender, subsequent Drawdowns under the Credit Facilities will be funded first by the Non-Participating Lenders rateably based on each Non-Participating Lender’s Individual Revolving Loan Commitment Amount or Individual Term Loan Commitment Amount, as applicable, until the Principal Amounts of all Lenders are again in proportion to their respective Rateable Portions.
Subsequent Drawdowns. On or before each Drawdown, Conversion or Rollover hereunder subsequent to the first Drawdown, the following conditions shall be satisfied by the Borrower:
(a) the Administrative Agent shall have received a proper and timely Drawdown Notice, completed and duly executed by the Borrower;
(b) the representations and warranties set forth in Section 8.1 of this Credit Agreement shall be true and accurate in all material respects on and as of the date of the requested Drawdown, Conversion or Rollover; and
(c) no event shall have occurred which would constitute a Default or an Event of Default, and the Drawdown shall not result in the occurrence of any such Default or Event of Default.
