Term Commitment. Subject to the terms and conditions of this Agreement, Bank hereby agrees to make advances to Borrower from time to time up to and including July 1, 2000, not to exceed the aggregate principal amount of One Million Two Hundred Thousand Dollars ($1,200,000.00) ("Term Commitment"), the proceeds of which shall be used to finance Borrower's capital expenditures, and which shall be converted on August 1, 2000, to a term loan, as described more fully below. Borrower's obligation to repay advances under the Term Commitment shall be evidenced by a promissory note substantially in the form of Exhibit J attached hereto ("Term Commitment Note"), all terms of which are incorporated herein by this reference.
Term Commitment. Subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth herein, (i) the Fronting Bank severally agrees, to the extent, in each case, that the Administrative Agent has received corresponding payments from other Lenders pursuant to clause (ii) below, to make available to the Borrower up to seven (7) advances of term loans in Dollars ("Delayed-Draw Term Loans") from time to time from the Closing Date until the Delayed-Draw Term Loan Commitment Termination Date and (ii) each Lender severally agrees, for the benefit of the Borrower, to purchase from the Fronting Bank such Lender's Delayed-Draw Term Loan Commitment Percentage of each such Delayed-Draw Term Loan advanced by the Fronting Bank; provided, however, that (i) the aggregate principal amount of all Delayed-Draw Term Loans shall not exceed SEVENTY-FIVE MILLION DOLLARS ($75,000,000) (as such aggregate maximum amount may be reduced from time to time as provided in Section 3.4, the "Delayed-Draw Term Loan Committed Amount") and (ii) with regard to each Lender individually, such Lender shall not be required to purchase outstanding Delayed-Draw Term Loans in an aggregate amount exceeding such Lender's Delayed-Draw Term Loan Commitment Percentage of the Delayed-Draw Term Loan Committed Amount. Delayed-Draw Term Loans may consist of Base Rate Loans or Eurodollar Loans, or a combination thereof, as the Borrower may request (subject to the terms of this Section 2.3); provided, however, that no more than ten (10) Eurodollar Loans which are Delayed-Draw Term Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Amounts repaid or prepaid on the Delayed-Draw Term Loans may not be reborrowed.
Term Commitment. Amounts borrowed under this Section 2.01(a) and repaid or prepaid may not be reborrowed. Term Loans may be Base Rate Loans or Eurocurrency Rate Loans, as further provided herein.
Term Commitment. Subject to the terms and conditions hereof and --------------- in reliance upon the representations and warranties set forth herein each Lender severally agrees to make available to the Borrower, subject to the escrow arrangements described in Sections 5.1(j) and 6.15, on the Closing Date such Lender's Term Loan Percentage of a term loan in Dollars (the "Term Loan") in the aggregate principal amount of TWO HUNDRED MILLION --------- DOLLARS ($200,000,000) (the "Term Loan Committed Amount"). The Term Loan -------------------------- may consist of Base Rate Loans or Eurodollar Loans, or a combination thereof, as the Borrower may request; provided, however, that no more than -------- ------- six (6) Eurodollar Loans which comprise the Term Loan shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Amounts repaid on the Term Loan may not be reborrowed.
Term Commitment. If an Incremental U.S. Term Commitment is established in accordance with this Section, the Administrative Agent and the Borrower shall determine the effective date and the date of funding thereof and the Administrative Agent shall advise each Incremental U.S. Term Lender of the details thereof.
Term Commitment. (e) Subject to the terms and conditions set forth herein and in the Sixth Amendment, on the Sixth Amendment Effective Date, each Tranche B-3 Term Lender agrees to make a Tranche B-3 Term Loan to the Borrower in Dollars in a principal amount not to exceed its Tranche B-3 Term Commitment.
Term Commitment. The Borrower may make only one borrowing under the Tranche B-1 Term Commitments, which shall be on the First Amendment Effective Date. Each Lender’s Tranche B-1 Term Commitment shall terminate immediately and without further action on the First Amendment Effective Date after giving effect to the funding of such Lender’s Tranche B-1 Term Commitment on such date. Amounts paid or prepaid in respect of the Tranche B-1 Term Loans may not be reborrowed.
Term Commitment. Subject to the terms and conditions of this Loan Agreement, Softbank agrees to make a loan on the Closing Date to OptiMark in the principal amount of $570,000 (the "Principal Amount"). The Loan shall bear interest as provided in this Loan Agreement. The Loan shall be evidenced by the Notes and this Loan Agreement. Subject to the conditions set forth in this Loan Agreement, Softbank shall disburse the Loan amount, less (i) reimbursement to Softbank of fees and disbursements of Softbank's counsel in connection with this Loan Agreement including, without limitation, estimated fees in connection with the filing of Financing Statements (Form UCC-1) and other instruments advisable to perfect the Liens granted by the Security Agreement and Guarantees (in an amount specified in writing to OptiMark at least one (1) Business Day prior to the Closing Date) and (ii) reimbursement to Cummings & Lockwood, counsel to OptiMark, of fees and disbursemexxx xx connxxxxxx with this Loan Agreement (in an amount specified in writing to OptiMark at least one (1) Business Day prior to the Closing Date), by wire transfer of immediately available funds to such account as OptiMark shall notify Softbank in writing at least one (1) Business Day prior to the Closing Date.
Term Commitment. Xxxxxxxx understands that it is receiving Equipment and Software from Shift4 at favorable pricing in exchange for Xxxxxxxx's term commitment. In addition to Xxxxxxxx’s rights set forth in Section 3(a), Merchant may terminate this Service Agreement subject to the following conditions:
Term Commitment. On the making of the Term Advances on the Closing Date, the Lender’s Term Commitment shall be reduced to zero. Such reduction of the Term Commitment pursuant to this Section 2.1(c)(ii) shall be permanent, with no obligation of any Lender to reinstate such Term Commitment.
