The Revolving Loan. (a) The Lender agrees to lend to the Borrower and the Borrower agrees to borrow on a revolving basis from time to time the principal amount (the "Revolving Loan") not to exceed at any time outstanding the lesser (the "Revolving Loan Committed Amount") of Six Million Dollars ($6,000,000) or the Borrowing Base. (b) If at any time the outstanding principal balance of the Revolving Loan exceeds the limitations provided in subsection (a) above, the Borrower promises to pay to the order of the Lender, on demand, the amount of the excess. (c) The obligation of the Borrower to repay the advances under the Revolving Loan shall be evidenced by the Borrower's Revolving Promissory Note of even date herewith (the "Revolving Promissory Note") payable to the Lender in the form attached hereto as EXHIBIT A-2. The Revolving Promissory Note shall bear interest and shall be repaid by the Borrower in the manner and at the times set forth in the Revolving Promissory Note. (d) The Borrower may prepay the principal sum outstanding on the Revolving Loan only in accordance with the terms of the Revolving Note. Sums borrowed and repaid may be re-advanced under the terms and conditions of this Agreement. (e) The proceeds of the Revolving Loan shall be used by the Borrower for the purposes set forth in Recital A above, and, unless prior written consent of the Lender is obtained, for no other purpose.
Appears in 1 contract
Samples: Financing and Security Agreement (National Techteam Inc /De/)
The Revolving Loan. (a) The Lender agrees Lenders agree to lend to the Borrower and the Borrower agrees to borrow on a revolving basis from time to time the principal amount outstanding (the "Revolving Loan") (i) not to exceed at any time outstanding the lesser (the "Revolving Loan Committed Amount") of Six prior to September 30, 1999 Thirty Five Million Dollars ($6,000,00035,000,000) or and (ii) not to exceed at any time from and after September 30, 1999 Thirty Million Dollars ($30,000,000) at all times thereafter. In addition, the Borrowing Basemaximum amount of the Revolving Loan may be further reduced in accordance with the provisions of Section 7.02(f) of this Agreement.
(b) If at any time the outstanding principal balance of the Revolving Loan exceeds the limitations provided in subsection (a) above, the Borrower promises to pay to the order of the LenderAgent, on demand, the amount of the excess.
(c) The obligation of the Borrower to repay the advances under the Revolving Loan shall be evidenced by the Borrower's Declining Balance Revolving Promissory Note of even date herewith (the "Revolving Promissory Note") payable to the Lender Agent in the form attached hereto as EXHIBIT A-2. A. The Revolving Promissory Note shall bear interest and shall be repaid by the Borrower in the manner and at the times set forth in the Revolving Promissory Note.
(d) The Borrower may prepay the principal sum outstanding on the Revolving Loan only in accordance with the terms of the Revolving Note. Sums borrowed and repaid may be re-advanced readvanced under the terms and conditions of this Agreement.
(e) The proceeds of the Revolving Loan shall be used by the Borrower for the purposes set forth in Recital A above, and, unless prior written consent of the Lender Lenders is obtained, for no other purpose.
Appears in 1 contract
Samples: Financing and Security Agreement (Fti Consulting Inc)
The Revolving Loan. (a) The Lender agrees Bank will make one or more advances to lend to the Borrower and the Borrower agrees to borrow on a revolving basis from time to time the upon Borrower’s request in an aggregate principal amount (the "Revolving Loan") at any one time outstanding not to exceed at any time outstanding the lesser (the "Revolving Loan Committed Amount") of Six Ten Million Dollars ($6,000,00010,000,000) or (the Borrowing Base.
(b) If at any time the outstanding principal balance “Revolving Loan”). The proceeds of the Revolving Loan exceeds the limitations provided in subsection (a) above, the Borrower promises to pay to the order of the Lender, on demand, the amount of the excess.
(c) The obligation of the Borrower to repay the advances each advance under the Revolving Loan shall be evidenced by the used only to finance Borrower's Revolving Promissory Note of even date herewith (the "Revolving Promissory Note") payable to the Lender in the form attached hereto as EXHIBIT A-2’s working capital and for other general corporate purposes. The Revolving Promissory Note shall bear interest Each advance requested and shall be repaid by the Borrower in the manner and at the times set forth in the Revolving Promissory Note.
(d) The Borrower may prepay the principal sum outstanding on made under the Revolving Loan only shall be in a principal amount of not less than One Hundred Thousand Dollars ($100,000), or in increments of Fifty Thousand Dollars ($50,000) in excess thereof. Borrower may borrow, repay and reborrow all or any part of the Revolving Loan in accordance with the terms of the Revolving Note. Sums borrowed and repaid may be re-advanced Note (as such term is defined herein below); provided, however, that for at least thirty (30) consecutive days during each twelve (12) month period during which this Agreement is in effect, the aggregate principal amount of all advances outstanding under the terms Revolving Loan must be Zero Dollars ($0). All borrowings of the Revolving Loan must be made before December 31, 2008, on which date all unpaid principal of, and conditions of this Agreement.
(e) The proceeds of accrued but unpaid interest on, the Revolving Loan shall be used due and payable. Borrower’s obligation to repay the aggregate outstanding principal amount of all advances made by Bank to Borrower under the Revolving Loan, together with accrued but unpaid interest thereon, shall be evidenced by Bank’s standard form of commercial promissory note (the “Revolving Note”), duly issued by Borrower for in favor of Bank. Bank shall enter each amount borrowed and repaid in connection with the purposes set forth Revolving Note in Recital A aboveBank’s records and such entries shall be deemed correct, and, unless prior written consent absent manifest error. The failure of Bank to make any such entries shall not discharge Borrower from its obligation to repay in full with interest all amounts borrowed under the Lender is obtained, for no other purposeRevolving Loan.
Appears in 1 contract
Samples: Loan Agreement (BJs RESTAURANTS INC)
The Revolving Loan. (a) The Lender agrees to lend to the Borrower Borrowers and the Borrower agrees Borrowers agree to borrow on a revolving basis from time to time the principal amount (the "Revolving Loan") not to exceed at any time outstanding the lesser (the "Revolving Loan Committed Amount") of Six Three Million Dollars ($6,000,0003,000,000) or the Borrowing Base.
(b) If at any time the outstanding principal balance of the Revolving Loan exceeds the limitations provided in subsection (a) above, the Borrower promises Borrowers promise to pay to the order of the Lender, on demand, the amount of the excess.
(c) The joint and several obligation of the Borrower Borrowers to repay the advances under the Revolving Loan shall be evidenced by the Borrower's Borrowers' Revolving Promissory Note of even date herewith (the "Revolving Promissory Note") payable to the Lender in the form attached hereto as EXHIBIT "A-2". The Revolving Promissory Note shall bear interest and shall be repaid by the Borrower Borrowers in the manner and at the times set forth in the Revolving Promissory Note.
(d) The Borrower Borrowers may prepay the principal sum outstanding on the Revolving Loan only in accordance with the terms of the Revolving Note. Sums borrowed and repaid may be re-advanced readvanced under the terms and conditions of this Agreement.
(e) The proceeds of the Revolving Loan shall be used by the Borrower Borrowers for the purposes set forth in Recital A above, and, unless prior written consent of the Lender is obtained, for no other purpose.
Appears in 1 contract
The Revolving Loan. (a) The Lender agrees to lend to the Borrower and the Borrower agrees to borrow on a revolving basis from time to time the principal amount (the "Revolving Loan") not to exceed at any time outstanding $10,000,000 or during any Restricted Period, the lesser (the "Revolving Loan Committed Amount") of Six Million Dollars ($6,000,000) 10,000,000, or the Borrowing Base.
(b) If at any time the outstanding principal balance of the Revolving Loan exceeds the limitations provided in subsection (a) above, the Borrower promises to pay to the order of the Lender, on demand, the amount of the excess.
(c) The obligation of the Borrower to repay the advances under the Revolving Loan shall be evidenced by the Borrower's Revolving Promissory Note of even date herewith (the "Revolving Promissory Note") payable to the Lender in the form attached hereto as EXHIBIT A-2. A. The Revolving Promissory Note shall bear interest and shall be repaid by the Borrower in the manner and at the times set forth in the Revolving Promissory Note.
(d) The Borrower may prepay the principal sum outstanding on the Revolving Loan only in accordance with the terms of the Revolving Note. Sums borrowed and repaid may be re-advanced readvanced under the terms and conditions of this Agreement.
(e) The proceeds of the Revolving Loan shall be used by the Borrower for the purposes set forth in Recital A above, and, unless prior written consent of the Lender is obtained, for no other purpose.
Appears in 1 contract
Samples: Financing and Security Agreement (Forensic Technologies International Corp)