The Financing. Section 2.01. The Association agrees to make available to the Borrower, on the terms and conditions set forth or referred to in this Agreement:
(a) an amount in various currencies equivalent to two million two hundred thousand Special Drawing Rights (SDR 2,200,000) (the Credit); and
(b) an amount in various currencies equivalent to two million two hundred thousand Special Drawing Rights (SDR 2,200,000) (the Grant).
(a) The amount of the Credit may be withdrawn from the Credit Account and the amount of the Grant may be withdrawn from the Grant Account, in accordance with the provisions of Schedule 1 to this Agreement, for expenditures made (or, if the Association shall so agree, to be made) in respect of the reasonable cost of goods and services required for the Project and to be financed out of the proceeds of the Financing.
(b) The Borrower may, for the purposes of the Project, open and maintain in dollars a special deposit account in a commercial bank on terms and conditions satisfactory to the Association, including appropriate protection against set-off, seizure or attachment. Deposits into, and payments out of, the Special Account shall be made in accordance with the provisions of Schedule 3 to this Agreement.
Section 2.03. The Closing Date shall be September 30, 2007, or such later date as the Association shall establish. The Association shall promptly notify the Borrower of such later date.
(a) The Borrower shall pay to the Association: (i) a commitment charge on the principal amount of the Credit not withdrawn from time to time at a rate to be set by the Association as of June 30 of each year, such rate not to exceed the rate of one-half of one percent (1/2 of 1%) per annum; and (ii) a commitment charge on the principal amount of the Grant not withdrawn from time to time at a rate to be set by the Association as of June 30 of each year, such rate not to exceed the rate of one-half of one percent (1/2 of 1%) per annum .
(b) Each commitment charge shall accrue: (i) from the date sixty days after the date of this Agreement (the accrual date) to the respective dates on which amounts shall be withdrawn by the Borrower from the Credit Account or the Grant Account (as the case may be), or canceled; and (ii) at the respective rate set as of the June 30 immediately preceding the accrual date and at such other rates as may be set from time to time thereafter pursuant to paragraph (a) above. The respective rate set as of June 30 in each year shall be applied ...
The Financing. (a) RH will use its reasonable best efforts to take, or cause to be taken, and Battery shall provide cooperation on a reasonable best efforts basis to RH in connection with, all actions and to do, or cause to be done, all things necessary, proper or advisable to arrange and obtain the Debt Financing on the terms and conditions described in the Debt Commitment Letters. RH will use its reasonable best efforts (i) to maintain the Debt Commitment Letters in effect, enter into and to cause Parent and each of the Subsidiaries of RH or Battery, as the case may be, to enter into definitive agreements with respect to the Debt Financing on the terms and conditions reflected in the Debt Commitment Letters, (ii) to satisfy on a timely basis all conditions applicable to it and to Parent in such definitive agreements and to comply with its obligations thereunder and (iii) to consummate the Debt Financing no later than the Closing. Battery will use its reasonable best efforts to enter into and to cause each of its Subsidiaries, as the case may be, to enter into definitive agreements with respect to the Debt Financing on the terms and conditions reflected in the Debt Commitment Letters. If any party becomes aware that all or any portion of the Debt Financing is not available to consummate the transactions contemplated by this Agreement, then that party shall promptly notify each of the other parties, and each party shall use its reasonable best efforts to obtain, and each of the other parties shall use reasonable best efforts to assist the other parties in obtaining, alternative financing from alternative financing sources on terms that are no less favorable to RH, Battery and their respective Subsidiaries than those set forth in the Debt Commitment Letters and in an amount that is adequate to pay all fees and expenses and required debt repayments associated with the transactions contemplated by this Agreement and to make any other payments necessary to consummate the transactions contemplated by this Agreement (the “Alternative Financing”). In such event, the term “Debt Financing” as used in this Agreement shall be deemed to include any Alternative Financing, the term “Debt Commitment Letter” as used in this Agreement shall be deemed to include any commitment letter issued in connection with any Alternative Financing, and the term “Financing Documents” as used in this Agreement shall be deemed to include any credit agreements and other loan documents, underwriting or not...
The Financing. Section 2.01. The Association agrees to make available to the Borrower, on the terms and conditions set forth or referred to in this Agreement:
(a) an amount in various currencies equivalent to four million nine hundred thousand Special Drawing Rights (SDR 4,900,000) (the Credit); and
(b) an amount in various currencies equivalent to five million eight hundred thousand Special Drawing Rights (SDR 5,800,000) (the Grant).
(a) The amount of the Credit may be withdrawn from the Credit Account and the amount of the Grant may be withdrawn from the Grant Account, in each case, in accordance with the provisions of Schedule 1 to this Agreement for expenditures made (or, if the Association shall so agree, to be made) in respect of the reasonable cost of goods and services required for the Project and to be financed out of the proceeds of the Financing.
(b) The Borrower shall open and maintain in Taka, three separate special deposit accounts, for Power Cell (Power Cell Special Account), for ERC (ERC Special Account), and for Petrobangla (Petrobangla Special Account), all in a commercial bank, on terms and conditions satisfactory to the Association, including appropriate protection against set-off, seizure and attachment. Deposits into, and payments out of, each Special Account shall be made in accordance with the provisions of Schedule 5 to this Agreement.
Section 2.03. The Closing Date shall be December 31, 2008 or such later date as the Association shall establish. The Association shall promptly notify the Borrower of such later date.
(a) The Borrower shall pay to the Association (i) a commitment charge on the principal amount of the Credit not withdrawn from time to time at a rate to be set by the Association as of June 30 of each year, but not to exceed the rate of one-half of one percent (1/2 of 1%) per annum; and (ii) a commitment charge on the amount of the Grant not withdrawn from time to time at a rate to be set by the Association as of June 30 of each year, such rate not to exceed the rate of one-half of one percent (1/2 of 1%) per annum.
(b) The commitment charge shall accrue: (i) from the date sixty days after the date of this Agreement (the accrual date) to the respective dates on which amounts shall be withdrawn by the Borrower from the Credit Account or the Grant Account (as the case may be), or canceled; and (ii) at the rate set as of the June 30 immediately preceding the accrual date and at such other rates as may be set from time to time thereafter ...
The Financing. Section 2.01. C-PACE Financing of Energy Efficiency or Renewable Energy Improvements; Assessment Lien 2 Section 2.02. Absolute Obligation; Evidence of Indebtedness 2 Section 2.03. Material Terms of Financing 3 Section 2.04. Security/Collateral for the C-PACE Financing 3 Section 2.05. Funding 3 Section 2.06. C-PACE Financing Payments 3 Section 2.07. Excess Funds 5 Section 3.01. Organization and Authority 5 Section 3.02. Financial Statements 5 Section 3.03. No Litigation 6 Section 3.04. Title 6 Section 3.05. Compliance With Laws 6 Section 3.06. Marijuana and Environmental Matters 6 Section 3.07. Approval of Plans and Budgets 6 Section 3.08. Compliance With Documents 7 Section 3.09. No Misrepresentation or Material Nondisclosure 7 Section 3.10. Insurance 7 Section 3.11. No Conflict 7 Section 3.12. Incorporation of Representations and Warranties 7 Section 3.13. Commercial Purpose 7
The Financing. (a) Following the Wireless Stockholders Meeting and consummation of the Closing on the Closing Date, Wireless shall undertake to consummate the sale of not less than $1,250,000 of convertible notes, shares of convertible Wireless Preferred Stock and/or shares of Wireless Common Stock (collectively, the "WIRELESS SECURITIES") all upon such terms and conditions as shall be determined prior to the Closing, disclosed in the Proxy Statement and otherwise reasonably acceptable to the Company Stockholders. The $1,500,000 of gross proceeds realized by Wireless and its Company subsidiary from (i) the $250,000 Financing Deposit referred to in Section 2.07 above, and (ii) the sale of the Securities is hereinafter referred to as the "FINANCING."
(b) The parties hereto shall, in good faith, undertake to consummate the Financing by a date which shall be not later than ninety (90) days following the Closing Date.
(c) The shares of Wireless Common Stock issued or issuable in connection with the Financing shall be registered for resale under the Securities Act of 1933, as amended, pursuant to an effective registration statement on Form S-1 (separate from the Proxy Statement); provided, that such registration statement shall not be filed with or declared effective by the SEC unless and until all of the Securities relating to such Financing shall have been sold and the proceeds thereof either received by Wireless or funded to an escrow account on behalf of Wireless, pending the effectiveness of such registration statement.
The Financing. Section 2.01. The Association agrees to make available to the Borrower, on the terms and conditions set forth or referred to in this Agreement:
(a) an amount in various currencies equivalent to nine million five hundred thousand Special Drawing Rights (SDR 9,500,000) (the Credit); and
(b) an amount in various currencies equivalent to five million two hundred thousand Special Drawing Rights (SDR 5,200,000) (the Grant).
Section 2.02. (a) (i) The amount of the Credit may be withdrawn from the Credit Account in accordance with the provisions of Schedule 1 to this Agreement for expenditures made (or, if the Association shall so agree, to be made) in respect of the reasonable cost of works, goods and services required for Parts C and D of the Project and to be financed out of the proceeds of the Credit; and
The Financing. Upon execution of this Agreement and compliance with its terms, including, without limitation, the conditions precedent set forth in Sections 13.1, 13.2 and 13.3 hereof, Lender agrees to make available to Borrower the Revolving Line of Credit and to make the Term Loan, in each case, on the following terms and conditions:
The Financing. In order to, among other things, implement provisions of the Development Agreement, as defined below, the Owner, the District and the City wish to enter into this Acquisition Agreement to finance the acquisition of the Facilities, as defined below, and provide for the payment of the Facilities and Discrete Components thereof as shown in Exhibit A hereto (as it may be amended and supplemented by any Supplement).
The Financing. On the Closing Date, the Company shall consummate the Financing and shall borrow an amount equal to the Financing Proceeds in order to consummate the Redemption.
The Financing. As soon as practicable after preparation of suitable and mutually agreeable offering materials and subject to continued due diligence, CGF shall use its best efforts to arrange the Financing with accredited or sophisticated investors acceptable to the Company. The Financing will consist of up to $3,500,000 in shares of the Common Stock of the Company as described on the Term Sheet attached hereto and made part hereof.
