The Advance Clause Samples
The Advance clause defines the terms under which one party provides funds to another before goods or services are delivered. Typically, this clause specifies the amount of the advance, the timing of payment, and any conditions that must be met before the advance is released, such as submission of an invoice or achievement of certain milestones. Its core practical function is to ensure that the recipient has necessary upfront capital to begin work or cover initial expenses, thereby facilitating project commencement and reducing financial risk for the party performing the work.
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The Advance. The Current Issuer Start-Up Loan Provider grants to Funding simultaneously with the issue by the Current Issuer of the Current Issuer Notes (and upon the simultaneous issuance by the Current Issuer to Funding of the Current Issuer Intercompany Loan) and upon the terms and subject to the conditions hereof, a loan in an aggregate amount of (pound)23,909,355 (twenty three million nine hundred and nine thousand three hundred and fifty five pounds) (the "ADVANCE") on the Closing Date for the purposes of providing for the partial funding of the Issuer Reserve Fund and providing for Funding's costs and expenses in respect of the acquisition of the Funding Share of the Additional Trust Property and in respect of amounts payable to the Current Issuer by Funding as fees under the Current Issuer Intercompany Loan. The Advance shall be paid into the Funding Transaction Account.
The Advance. (a) Subject to the terms and conditions set forth herein, Lender agrees to make one single term loan in Euros to Borrower (the “Advance”) on the Funding Date, not to exceed the Commitment.
(b) The Advance, or a portion thereof, once repaid or prepaid may not be reborrowed.
The Advance. 2.1 Each Noteholder agrees to advance the Initial Advance to the Company, subject to and upon the terms and conditions contained in this Agreement, in the Applicable Percentage (less an amount equal to the sums deducted in accordance with Clause 2.9), such amount to be advanced to the Company to such bank account as the Company shall direct in writing for such purpose. The Company shall apply the Initial Advance:
i. to satisfy costs associated with the preparation and negotiation of this Agreement and related documentation, including:
(a) any unpaid balance of the due diligence fees of £7,500 payable by the Company to RiverFort; and
(b) any unpaid balance of the legal fee deposit in the amount of £7,500 payable by the Company to Riverfort;
ii. payment of the Implementation Fee; and
iii. as a source of general working capital.
The Advance. The Current Issuer Start-Up Loan Provider grants to Funding simultaneously with the issue by the Current Issuer of the Current Issuer Notes (and upon the simultaneous issuance by the Current Issuer to Funding of the Current Issuer Intercompany Loan) and upon the terms and subject to the conditions hereof, a loan in an aggregate amount of [{pound-sterling} (amount in words)] (the "ADVANCE") on the Closing Date for the purposes of providing for the partial funding of the Issuer Reserve Fund and providing for Funding's costs and expenses in respect of the acquisition of the Funding Share of the Additional Trust Property and in respect of amounts payable to the Current Issuer by Funding as fees under the Current Issuer Intercompany Loan. The Advance shall be paid into the Funding Transaction Account.
The Advance. (a) Subject to the terms and conditions set forth herein, (i) each Lender severally agrees to make a loan in Dollars to Borrower on the Funding Date in the amount of such L▇▇▇▇▇’s Commitment by making immediately available funds available to Administrative Agent (or an account designated by Administrative Agent) (such loan, collectively with such loans of all other Lenders, the “Advance”). After Administrative Agent’s receipt of such funds on the Funding Date, and upon fulfillment of the conditions set forth in Article 4, Administrative Agent shall make such funds as it has received available to Borrower by depositing such funds into the Funding Account; provided that, if so requested by Borrower in the Borrowing Notice, and subject to fulfillment of the conditions set forth in Article 4, each Lender shall make its respective portion of the Advance available to Borrower by depositing such funds into the Funding Account; provided, further, that Administrative Agent or each Lender, as the case may be, shall, at Borrower’s request, net the Advance (or its applicable portion thereof) due to Borrower against any amount payable by Borrower to such Lender hereunder in accordance with such L▇▇▇▇▇’s respective Applicable Percentage. Following the Funding Date, the unused portion of the Commitment shall be permanently terminated. If the Funding Date does not occur on or prior to 5:00 p.m. on the last day of the Availability Period, the Commitment shall be permanently terminated in full at such time.
(b) The Advance or any portion thereof, once prepaid or repaid, may not be reborrowed.
(c) Subject to Section 2.14, all Advances shall be SOFR Advances.
(d) No later than 5:00 p.m. on the date at least three (3) Business Days prior to the date on which the Advance will be required to be made hereunder (or such shorter period as Administrative Agent may agree), Borrower shall notify Administrative Agent of its request for the Advance on the Funding Date by providing a Borrowing Notice. Administrative Agent shall promptly notify each Lender of the amount of its portion of the Advance in accordance with such Lender’s Applicable Percentage.
The Advance. 2.1 The Lender agrees, concurrently with and conditional on its receipt of the proceeds of the issuance of the Sterling Notes, to make available to the Borrower a Sterling term loan facility in an aggregate amount up to the Facility Amount.
2.2 The Advance made pursuant to Clause 2.1, less any discounts, underwriting or other fees or other expenses payable to or on behalf of the Lender, shall be transferred to such account as the Borrower may designate to the Lender for this purpose and in such currencies and proportions as the Lender may determine (as converted from Sterling into the relevant currency using the rate of exchange effective on the date of the transfer) (such amount, the “Cash Transfer Amount”).
2.3 The parties agree that (following the transfer of and notwithstanding the amount of the Cash Transfer Amount) the Lender shall be deemed to have made an advance to the Borrower equal to the Facility Amount on the date hereof. The Borrower acknowledges that the Facility Amount is equal to the gross principal amount due from the Lender pursuant to the purchase of the Sterling Notes and that the Facility Amount is in an amount greater than the Cash Transfer Amount as a result of the discount at which the Sterling Notes are issued (being 98.575%) and of the payment of underwriting or other fees and other expenses in respect of the Issue of the Sterling Notes.
The Advance. The obligation of the Bondholder to make the Advance hereunder in the amount of $30,000,000 is subject to the receipt by the Bondholder of the following documents, each of which shall be satisfactory to the Bondholder in form and substance:
The Advance. (a) Alberta Trust hereby acknowledges receipt of the Advance from Resource Company and issues the Promissory Note to Resource Company;
(b) Subject to section 8 hereof and the terms of the Pledge, Priorities and Direction Agreement dated the date hereof among the Offering Partnership, Red Mile Resources No. 2 Limited Partnership, Resource Company, Wilshire and Alberta Trust, among others, the outstanding principal amount of the Promissory Note, together with any accrued and unpaid interest thereon, shall be repayable by Alberta Trust on or by December 10, 2014 (the “Maturity Date”) together with accrued interest thereon at an annual interest rate of six percent (6%) calculated daily and compounded on December 30, 2004 and on February 15th of each year thereafter.
(c) Alberta Trust may not make any pre-payments on account of any amounts owing (principal or interest) under the Promissory Note prior to the Maturity Date, other than as permitted hereunder or under the Pledge, Priorities and Direction Agreement.
The Advance. Subject to the terms and conditions of this Agreement and the other Margin Loan Documents, and in reliance upon the representations and warranties in this Agreement and the other Margin Loan Documents, Lender agrees to make a loan in Dollars to Borrower (the “Advance”), in an amount equal to the Commitment, on the same Business Day on which Borrower delivers the Utilization Request on or after the Closing Date provided that the Lender receives a duly completed Utilization Request prior to noon New York City time on such date, in an amount equal to the Commitment minus the Structuring Fee minus the legal fees of counsel for Lender in the amount of [***].
The Advance. (a) Subject to the terms and conditions set forth herein, ▇▇▇▇▇▇ agrees to make one single term loan in Euros to Borrower (the “Advance”) on the Funding Date, not to exceed the Commitment.
(b) The Advance, or a portion thereof, once repaid or prepaid may not be reborrowed.
(c) If the Funding Date does not occur on or prior to October 17, 2022, the Commitment shall be permanently terminated.
