The Loan Facility. (a) On the terms and subject to the conditions hereof, on the Effective Date, and thereafter from time to time prior to the Termination Date, the Borrower may request that the Lenders make loans (each a “Loan”) or that the LC Issuers issue, extend, modify or renew one or more Letters of Credit for the benefit of the Borrower or its designee (an “LC Credit Extension”), in each case, subject to the terms herein. The terms and conditions of the LC Credit Extensions are set forth in Section 2.04. Subject to the terms and conditions set forth herein, each Conduit Lender may in its sole discretion, and each Committed Lender shall, only if each Conduit Lender in its Lender Group elects not to (and has notified the Borrower, the Servicer, the Administrative Agent and the related Facility Agent) or there is no Conduit Lender in a Lender Group, make such Lender Group’s share of the Loans to the Borrower in an amount, for each Lender Group, equal to its Lender Group Percentage of the amount requested by the Borrower pursuant to Section 2.02; provided that no Lender shall make any such Loan if:
(i) the Aggregate Exposure Amount shall exceed the Facility Limit at such time;
(ii) the aggregate Exposure Amount of the Lenders in any Lender Group would exceed such Lender Group’s Lender Group Limit at such time;
(iii) the aggregate Exposure Amount of any Committed Lender would exceed its Commitment; or
(iv) the Aggregate Exposure Amount shall exceed the Borrowing Base. Each Borrowing shall be in a minimum principal amount equal to $1,000,000 and in integral multiples of $100,000 in excess thereof for each Lender Group party hereto. Subject to the foregoing and to the limitations set forth in Section 2.05, the Borrower may borrow, prepay and reborrow the Loans hereunder.
The Loan Facility. (a) This Loan Facility is subject to the terms and conditions of the Master Facility Agreement as varied or supplemented by these Facility Specific Terms.
(b) The aggregate principal amount of the Financial Assistance Amounts available under this Loan Facility shall not exceed EUR 109,100,000,000 (the "Aggregate Loan Facility Amount").
(c) The Availability Period in respect of this Loan Facility shall commence on (and include) the date on which these Facility Specific Terms enter into force in accordance with Clause 3 and shall expire on (and include) 31 December 2014.
(d) The Average Maturity of the Financial Assistance made under this Loan Facility shall not exceed 17.5 years.
The Loan Facility. 2.1.1. In reliance of the representations and undertakings of Xxxxx hereunder and subject to the terms and conditions of this Agreement, IC makes available to Xxxxx a USD facility in an aggregate amount not to exceed the Loan Facility Cap Amount (the “Loan Facility”).
2.1.2. Subject to the terms and conditions of this Agreement (including the conditions set out in Section 2.1.3), Xxxxx may, from time to time during the Availability Period, request to drawdown one or more loan(s) (each, a “Loan”) under the Loan Facility, by submitting to IC, not less than 10 (ten) Business Days (or such shorter period as IC may in its absolute discretion agree) before any Loan is requested to be made, a notice substantially in the form attached hereto as Schedule 1 (the “Drawdown Notice”).
2.1.3. Xxxxx may submit a Drawdown Notice, which will not be regarded as having been duly completed unless all of the following conditions are satisfied -
(a) the date specified in the Drawdown Notice for the drawdown of the Loan falls within the Availability Period; and
(b) Xxxxx has created the relevant pledges in accordance with Section 7.3.1, and has delivered duly executed security documents in accordance with Section 7.3.1 in form and substance agreed between the Parties and satisfactory to IC together with evidence agreed between the Parties and satisfactory to IC that each pledge granted pursuant hereto (or any amendment thereto, as applicable) has been duly filed for registration with the applicable public registry in all relevant jurisdictions.
2.1.4. Subject to the terms and conditions of this Agreement, IC shall provide the Loan requested by Xxxxx in a Drawdown Notice in accordance with this Agreement, by bank transfer to Xxxxx’x bank account in accordance with transfer instructions to be specified in the Drawdown Notice.
2.1.5. Xxxxx may apply all amounts borrowed by it under the Loan Facility towards its general corporate purposes or any other purpose approved by its directors. IC shall not be bound or responsible to monitor or verify the application of any amount borrowed pursuant to this Agreement.
2.1.6. Xxxxx may request to cancel any unutilized amount of the Loan Facility by submitting a written notice to IC, not less than 5 (five) Business Days (or such shorter period as IC may in its absolute discretion agree) before such cancellation is requested to be made, specifying the requested cancellation date of the Loan Facility and the unutilized amount of the Loan Facility...
The Loan Facility. (a) This Loan Facility is subject to the terms and conditions of the Master Facility Agreement as varied or supplemented by these Facility Specific Terms.
(b) The aggregate principal amount of the Financial Assistance Amounts available under this Loan Facility shall not exceed the Aggregate Financial Assistance Amount (the "Aggregate Loan Facility Amount").
(c) The Availability Period in respect of this Loan Facility shall commence on (and include) the date on which these Facility Specific Terms enter into force in accordance with Clause 3 and shall expire on (and include) 31 December 2014, provided that the Availability Period in respect of the 7 N.B. the Effective Date occurred on 13 December 2012. DBB Instalment shall commence on the Effective Date and shall end on 20 December 2012 or such later date as is approved by the EWG and EFSF.
(d) The Average Maturity of the Financial Assistance made under this Loan Facility shall not exceed 32.5 years.
The Loan Facility. 1.1. Subject to the terms and conditions of this Loan Agreement, the Lender agrees to provide the Loan Facility to the Borrower as of the date hereof.
1.2. The Borrower agrees to use the Loan Facility solely for the purpose of funding the subscription of the Shares. The Borrower covenants that he will not use the proceeds of the Loan Facility for any purpose other than the foregoing, and he will so subscribe immediately upon receipt of the proceeds of the Loan Facility.
1.3. No interest shall be payable on the Loan Facility.
1.4. Lender has agreed that in the event the Company requires additional capital contribution from its shareholders in proportion to their respective equity interest in the Company, Lender undertakes and covenant to immediately provide additional loan to Borrower upon his request so that Borrower will be able to maintain his shareholding ratio in accordance with the proportion of his equity in the Company, and such loan will be subject to the same terms and conditions of this Loan Agreement.
The Loan Facility. 2.1 The Lender has allocated a total amount of 3,000,000 DKK to the Investor (the “Individual Facility”) as a framework loan facility to be deployed as individual loan financing to each Qualified Company selected by the Investor during the period under which this Agreement is valid, cf. Clause 9.1.
2.2 Each loan (a “Loan”) is provided by the Lender to the individual Qualified Company upon request by the Qualified Company and the Investor, i.e. the Lender will not carry out an individual credit assessment of the Qualified Company prior to the disbursement of the Loan to the Qualified Company. Any Qualified Company having received a Loan is referred to as a “Borrower”.
2.3 Notwithstanding the above, the Lender will each year allocate a total amount to all Certified Investors and/or their respective investment vehicles (the “Total Facil- ity”), including the Investor, in accordance with similar investor framework agree- HELLERUP 20 MARCH 2023 ments. Accordingly, the Lender is under no obligation to ensure that there is avail- able capital under the Individual Facility, if/when the Investor wishes to utilise the Individual Facility.
2.4 Subject to the limitations set out in this Agreement, inter alia the consummation of the Investment (as defined in Clause 5), the Investor can utilise the Individual Facility an unlimited number of times, i.e. both on different Qualified Companies and/or on the same Qualified Company.
The Loan Facility. 2.1 Upon satisfaction of the conditions set out in Clause 4 the Bank shall make the Commitment available to the Borrower during the period from the date hereof up to and including the Term Date. The first Drawing shall have to be made not later than on 30 June 1997.
The Loan Facility. SECTION 2.
The Loan Facility. Subject to and upon the terms, conditions and provisions of this Agreement and relying upon the representations and warranties set forth herein, the Lender agrees to make a loan to the Borrower in the aggregate principal amount of up to Twenty Million Dollars ($20,000,000), as determined by Lender in its sole discretion, (the "Loan"), and the Borrower agrees to borrow the proceeds of the Loan as and when such proceeds are to be advanced, and to use the proceeds of the Loan for the purposes set forth herein. The proceeds of the Loan will be advanced or disbursed from time to time by the Lender to or for the account of the Borrower subject to and in accordance with the provisions of this Agreement (each such advance or disbursement is herein called a "Loan Advance" and collectively the "Loan Advances") and the Borrower shall use (i) $11,000,000 of the Loan proceeds advanced to payoff and satisfy certain existing indebtedness of Borrower to NationsBank, to reimburse certain affiliates of Borrower for amounts paid on behalf of Borrower, to recover certain remediation expenses and to pay certain outstanding accounts payable and closing costs, pursuant to the terms and conditions of Section 2.2 hereof, and to satisfy certain alleged liabilities of the Borrower and certain affiliates to the United States Government resulting from the Pending Litigation pursuant to Section 2.3 hereof (ii) $5,000,000 of the Loan proceeds advanced to be used to satisfy or to establish certain reserves necessary for the satisfaction of certain potential liabilities of the Borrower arising or resulting from the Pending Litigation, also pursuant to the terms and conditions of Section 2.3 hereof; and (iii) the remainder of the Loan proceeds advanced to provide financing to the Property Owner's for certain infrastructure development relating to or in connection with the Borrower's and/or Property Owner
The Loan Facility. (a) This Loan Facility is subject to the terms and conditions of the Master Facility Agreement as varied or supplemented by these Facility Specific Terms.
(b) The aggregate principal amount of the Financial Assistance Amounts available under this Loan Facility shall not exceed EUR 8,500,000,000 (the "Aggregate Loan Facility Amount") provided that the aggregate of the Net Disbursement Amounts under this Loan Facility shall not exceed EUR 8,435,425,551.21.
(c) The Availability Period in respect of this Loan Facility shall commence on (and include) the date on which these Facility Specific Terms enter into force in accordance with Clause 3 and shall expire on (and include) 8 December 2013.
(d) The Average Maturity of the Financial Assistance made under this Loan Facility shall not exceed 15 years.
