Tranche C Notes Sample Clauses

Tranche C Notes. Collectively, the promissory notes made by Borrower in favor of the Tranche C Lenders in an aggregate principal amount equal to the Total Tranche C Commitment, substantially in the form of Exhibit A, as the same may be amended, replaced, substituted and/or restated from time to time (including in connection with any Accordion Advance).
Sample 1
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Tranche C Notes. Each Tranche C Holder severally agrees, on the terms and conditions set forth in this Agreement, to purchase a single Tranche C Note from DNAP on the Closing Date in an amount not to exceed such Tranche C Holder's Tranche C Commitment. The Issuance of Tranche C Notes shall be made to the several Tranche C Holders ratably in proportion to their respective Tranche C Commitments.
Sample 1
Tranche C Notes. The Company shall have executed and delivered the Tranche C Notes to the Lenders.
Sample 1
Tranche C Notes. Subject to the terms and conditions of this Agreement, the Company shall sell and issue to each Tranche C Lender, and each Tranche C Lender severally, but not jointly, agrees to purchase from the Company, one or more Notes (the “Tranche C Notes” and, together with Tranche A Notes and Tranche B Notes, the “Notes”), as follows:
Sample 1
Tranche C Notes. Notwithstanding anything herein to the contrary, in the event that the Qualified Offering occurs prior to the later of (a) the last Tranche C Monthly Advance Closing Date, or (b) the aggregate amount of the Tranche C Marketing Advances advanced to the Company by each Tranche C Lender shall have reached the applicable Tranche C Maximum Marketing Advance Amount, the Company, in its sole discretion, shall have the right to terminate its obligation to sell and issue additional Notes and not hold any Tranche C Monthly Advance Closing or Tranche C Marketing Advance Closing following the closing of a Qualified Offering; provided, that, the Company shall issue to the Tranche C Lenders Warrants to purchase the number of Warrant Shares equal to (x) 20% of the difference between (i) each Tranche C Lender’s total commitment as is set forth opposite such Tranche C Lender’s name in column titled “Total Commitment” on Schedule III and (ii) the amount of the Consideration actually funded by such Tranche C Lender, divided by (y) the Qualified Offering Price. The form of Warrants issued pursuant to this Section 2.3(c) shall be the same as the form of warrant issued in connection with the closing of a Qualified Offering pursuant to Section 2.2.
Sample 1
Tranche C Notes. The Company may sell additional Tranche C Notes to the Tranche C Lenders in exchange for Tranche C Marketing Advances in any subsequent closing (each, a “Tranche C Marketing Advance Closing” and, along with the Tranche A Initial Closing, the Tranche B Initial Closing, the Tranche C Initial Closing, each Tranche A Monthly Advance Closing, each Tranche B Monthly Advance Closing, each Tranche C Monthly Advance Closing and each Tranche B Marketing Advance Closing, a “Closing”), subject to the satisfaction (or waiver) of the conditions set forth in Section 7 below. Each Tranche C Marketing Advance Closing shall take place within five (5) days of the Company delivering a Marketing Advance Request Notice to the Tranche C Lenders, at such locations and at such times as shall be mutually agreed upon orally or in writing by the Company and the Tranche C Lenders purchasing a majority in interest of the aggregate principal amount of the Tranche C Notes to be sold at such Tranche C Marketing Advance Closing (each, a “Tranche C Marketing Advance Closing Date” along with the Tranche A Initial Closing Date, the Tranche B Initial Closing Date, the Tranche C Initial Closing Date, each Tranche A Monthly Advance Closing Date, each Tranche B Monthly Advance Closing Date, each Tranche C Monthly Advance Closing Date and each Tranche B Marketing Advance Closing Date, a “Closing Date”). Schedule III shall be updated to reflect any Tranche C Marketing Advance Closing.
Sample 1
Tranche C Notes. (a) Subject to the terms and conditions of this Agreement, each Tranche C Noteholder severally agrees to make advances to the Company (each a "TRANCHE C ADVANCE") during the period from the date hereof through November 20, 1997 (the "TRANCHE C COMMITMENT PERIOD") in an aggregate amount not exceeding the principal amount specified opposite such Tranche C Noteholder's name in SCHEDULE A (such amount, as it may be reduced or terminated pursuant to this Agreement, is herein referred to as such Tranche C Noteholder's "TRANCHE C COMMITMENT"). Each funding of Tranche C Advances shall be made on the same date ratably by the Tranche C Noteholders. The Tranche C Advances made by each Tranche C Noteholder shall be evidenced by the Tranche C Note issued to such Noteholder. Tranche C Advances, once repaid, may not be reborrowed.
Sample 1
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Related to Tranche C Notes

  • Class B Notes On each Distribution Date occurring on or after the date a withdrawal is made from the Series 2015-3 Collection Account pursuant to Section 3.5(a) or amounts are deposited in the Series 2015-3 Distribution Account pursuant to Section 3.5(c) and/or (d), the Paying Agent shall, in accordance with Section 6.1 of the Base Indenture, pay to the Administrative Agent for the accounts of the Purchaser Groups from the Series 2015-3 Distribution Account the amount deposited therein pursuant to Section 3.5(a), (c) and/or (d) less the aggregate amount applied to make payments required pursuant to Section 3.5(e)(i), to the extent necessary to pay the Class B Controlled Distribution Amount with respect to Related Month during the Class B Controlled Amortization Period or to the extent necessary to pay the Class B Invested Amount during the Series 2015-3 Rapid Amortization Period.

  • Tranche B Loans Subject to the terms and conditions of this Agreement (including, without limitation, Section 2.13(a) and Article 6), each Tranche B Lender severally agrees to make one or more loans to the Borrower from time to time from and including the New Advance Date to but excluding the Tranche B Commitment Termination Date up to but not exceeding the amount of such Tranche B Lender's Tranche B Commitment as then in effect; provided, however, that the aggregate outstanding principal amount of the Tranche B Loans and the aggregate outstanding principal amount of the Tranche C Loans used to pay Permitted Third-Party Expenses shall not at any time exceed the Permitted Third-Party Expenses Borrowing Base. Notwithstanding anything to the contrary contained in this Agreement, the Borrower, the Administrative Agent and the Lenders agree that, as of the Closing Date, the aggregate outstanding principal amount of the Original Tranche B Loans is $1,040,430.75, which amount shall be deemed outstanding as Tranche B Loans hereunder. (Such loans referred to in this Section 2.1(b) now or hereafter made or deemed made by the Tranche B Lenders to the Borrower, including, without limitation, such loans which remain outstanding after the Tranche B Commitment Termination Date, are hereinafter collectively called the "Tranche B Loans".) The Borrower may not reborrow the Tranche B Loans which have been repaid. The parties hereto hereby agree that, as of the Closing Date, the aggregate outstanding principal amount of the Tranche B Loans is $1,040,430.75.

  • Class A Notes On each Distribution Date occurring on or after the date a withdrawal is made from the Series 2020-1 Collection Account pursuant to Section 2.5(a) or amounts are deposited in the Series 2020-1 Distribution Account pursuant to Section 2.5(b), (c) or (d) the Paying Agent shall, in accordance with Section 6.1 of the Base Indenture, pay pro rata to each Class A Noteholder from the Series 2020-1 Distribution Account the amount deposited therein pursuant to Section 2.5(a), (b), (c) or (d), to the extent necessary to pay the Class A Controlled Distribution Amount during the Series 2020-1 Controlled Amortization Period or to the extent necessary to pay the Class A Invested Amount during the Series 2020-1 Rapid Amortization Period.

  • Tranche B Term Loans Each Lender that has a Tranche B Term Loan Commitment severally agrees to lend to Borrower on the Closing Date an amount not exceeding its Pro Rata Share of the aggregate amount of the Tranche B Term Loan Commitments to be used for the purposes identified in subsection 2.5A. Borrower shall deliver to Administrative Agent a Notice of Borrowing no later than 12:00 Noon (New York City time) at least one Business Day prior to the Closing Date, requesting a borrowing of the Tranche B Term Loans. The Notice of Borrowing shall specify (i) the proposed Funding Date (which shall be a Business Day), and (ii) that such Loans shall be Base Rate Loans. The aggregate amount of the Tranche B Term Loan Commitments is $45,000,000; PROVIDED that the Tranche B Term Loan Commitments of Lenders shall be adjusted to (1) give effect to any assignments of the Tranche B Term Loan Commitments pursuant to subsection 10.1B and (2) any increase in Tranche B Term Loans pursuant to subsection 2.1A(iv). Each Lender's Tranche B Term Loan Commitment shall expire immediately and without further action on March 31, 2002 if the Tranche B Term Loans have not been made on or before that date. Subject to subsection 2.1A(iv), Borrower may make only one borrowing under the Tranche B Term Loan Commitments. Amounts 35 borrowed under this subsection 2.1A(ii) and subsequently repaid or prepaid may not be reborrowed.

  • Tranche A Loans Unless otherwise agreed to by the Administrative Agent in connection with making the initial Loans, to request a Borrowing of Tranche A Loans, the Borrower shall notify the Administrative Agent of such request by telephone (a) in the case of a Eurodollar Borrowing, not later than 1:00 p.m., New York City time, three (3) Business Days before the date of the proposed Borrowing and (b) in the case of an ABR Borrowing, not later than 12:00 p.m., New York City time, on the date of the proposed Borrowing; provided, that any such notice of an ABR Borrowing to finance the reimbursement of an LC Disbursement as contemplated by Section 2.03(e) may be given not later than 11:00 a.m., New York City time, on the date of the proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery, courier or telecopy to the Administrative Agent of a written Borrowing Request in a form reasonably acceptable to the Administrative Agent and signed by the Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.01(a):

  • Term Notes The Term Loan made by each Lender and interest accruing thereon shall be evidenced by the records of Agent and such Lender. At the request of any Lender, Borrowers shall deliver a Term Note to such Lender.

  • Revolving Notes The Revolving Loans made by each Lender shall be evidenced by a duly executed promissory note of the Borrower to such Lender in an original principal amount equal to such Lender's Revolving Commitment Percentage of the Revolving Committed Amount and in substantially the form of Exhibit 2.1(e).

  • Term Loan Notes If so requested by any Lender by written notice to Borrower (with a copy to Administrative Agent) at least two (2) Business Days prior to the Closing Date, or at any time thereafter, Borrower shall execute and deliver to such Lender (and/or, if applicable and if so specified in such notice, to any Person who is an assignee of such Lender pursuant to Section 10.6) on the Closing Date (or, if such notice is delivered after the Closing Date, promptly after Borrower’s receipt of such notice) a Term Loan Note or Term Loan Notes to evidence such Lender’s Term Loans to such Borrower.

  • Term Commitments Subject to the terms and conditions hereof, each Term Lender severally agrees to make a term loan (a “Term Loan”) to the Borrower on the Closing Date in an amount not to exceed the amount of the Term Commitment of such Lender. The Term Loans may from time to time be Eurodollar Loans or ABR Loans, as determined by the Borrower and notified to the Administrative Agent in accordance with Sections 2.2 and 2.12.

  • Term Loan Facility Each Lender severally agrees, on the terms and conditions set forth herein, to make Loans to the Borrower during the period from the Closing Date to June 12, 2009, in an aggregate amount not to exceed such Lender’s Pro Rata Share of the Term Commitment. The Borrower from time to time may borrow under the Term Loan Facility (and may reborrow any amount theretofore prepaid) until close of business on June 12, 2009, for a term not to exceed 364 days from the date of the Borrowing. Each such loan under the Term Loan Facility (a “Term Loan”) shall be in the minimum amount of $10,000,000 and shall become due and payable on the last day of the term selected by the Borrower for such Term Loan (the “Term Loan Maturity Date”), which shall in no event be later than 364 days from the date of such Term Loan. The maximum availability under the Term Loan Facility shall be the amount of the Credit minus the aggregate outstanding principal amount of Revolving Loans and Term Loans made by the Lenders; provided, however, that to the extent the proceeds of a Term Loan are used to repay an outstanding Revolving Loan (or a portion thereof), such Revolving Loan (or portion thereof) shall not be considered part of the aggregate principal amount of outstanding Revolving Loans made by the Lenders for purposes of this sentence (such maximum availability hereafter being referred to as the “Term Loan Availability”). Under no circumstances shall the aggregate outstanding principal amount of Term Loans and Revolving Loans made by the Lenders exceed the Credit, and under no circumstances shall any Lender be obligated (i) to make any Term Loan (nor may the Borrower reborrow any amount heretofore prepaid) after June 12, 2009, or (ii) to make any Term Loan in excess of the Term Loan Availability. Each Term Loan made hereunder shall fully and finally mature and be due and payable in full on the Term Loan Maturity Date specified in the Borrowing Advice for such Term Loan; provided, however, that to the extent the Borrowing Advice for any Term Loan selects an Interest Period that expires before the Term Loan Maturity Date specified in such Borrowing Advice, the Borrower may from time to time select additional interest rate options and Interest Periods (none of which shall extend beyond the Term Loan Maturity Date for such Term Loan) by delivering a Borrowing Advice or Notice of Conversion/Continuation, as applicable.

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