Uncommitted Facility. The Borrowers acknowledge that the Facility is an uncommitted facility and that CAPCO shall have no obligation to make any Loan requested during the Facility Period under this Agreement. Further, CAPCO shall not make any Loan if this Facility has been terminated by the Borrowers, or if at the time of a request for a Loan by a Borrower (on behalf of the applicable Fund(s)) there exists any Event of Default or condition which, with the passage of time or giving of notice, or both, would constitute or become an Event of Default with respect to such Borrower (or such applicable Fund(s)).
Uncommitted Facility. From time to time during the period commencing on the Execution Date and ending on January 22, 2016, the Lender may make one or more loans to the Borrower (each, a “Loan”) in immediately available funds by deposit in the Borrower’s account located in the City of New York indicated in the Confirmation, in an aggregate principal amount at any time outstanding not to exceed USS 100,000,000 (One Hundred Million United States Dollars). The Lender is under no obligation to make any Loan hereunder, but each Loan that the Lender does make to the Borrower as specified in the Confirmation for such Loan shall be governed by this Agreement. The proceeds of each Loan shall be used by the Borrower to pre-finance the export of Goods by the Borrower.
Uncommitted Facility. A Lender may, but is not obligated to, on the terms and conditions set forth in this Agreement, make Uncommitted Loans to Company from time to time during the period commencing with the Closing Date and ending on the Availability Termination Date in an amount not to exceed such Lender's Uncommitted Amount; provided that (i) each such borrowing must equal or exceed $1,000,000 for all Lenders collectively, (ii) no such borrowing may be requested to be made after the Availability Termination Date, and (iii) no Uncommitted Loan may be made unless each of the Lenders agrees to fund its respective Pro Rata Share of the aggregate amount of the requested Uncommitted Loans. Any amount borrowed under this Section 2.1(b) and subsequently repaid or prepaid may not be reborrowed. Subject to Sections 2.11 and 2.14, all amounts owed hereunder with respect to the Uncommitted Loans shall be paid in full no later than the Maturity Date. NOTWITHSTANDING ANYTHING HEREIN OR IN ANY OTHER TRANSACTION DOCUMENT OR ANY OTHER AGREEMENT TO THE CONTRARY, NO LENDER IS OBLIGATED IN ANY WAY TO MAKE ANY UNCOMMITTED LOANS OR OTHER EXTENSIONS OF CREDIT OTHER THAN AS EXPRESSLY PROVIDED IN SECTION 2.1(a) ABOVE. EACH LENDER'S DECISION TO MAKE OR NOT MAKE ANY UNCOMMITTED LOANS SHALL BE MADE IN SUCH LENDER'S SOLE AND ABSOLUTE DISCRETION.
Uncommitted Facility. The Company and PIM expressly agree and acknowledge that, after giving effect to the issuance of the Series J Notes, as of the date hereof the Available Facility Amount is $30,000,000. NOTWITHSTANDING THE FOREGOING, THIS AMENDMENT AND THE AGREEMENT HAVE BEEN ENTERED INTO ON THE EXPRESS UNDERSTANDING THAT NEITHER PRUDENTIAL NOR ANY PRUDENTIAL AFFILIATE SHALL BE OBLIGED TO MAKE OR ACCEPT OFFERS TO PURCHASE SHELF NOTES, OR TO QUOTE RATES, SPREADS OR OTHER TERMS WITH RESPECT TO SPECIFIC PURCHASES OF SHELF NOTES, AND THE FACILITY SHALL IN NO WAY BE CONSTRUED AS A COMMITMENT BY PRUDENTIAL OR ANY PRUDENTIAL AFFILIATE.
Uncommitted Facility. Borrower acknowledges and agrees that, notwithstanding any provisions of this Note or any other documents executed in connection with this Note, Bank has no obligation to make any advance, and that all advances are at the sole discretion of Bank.
Uncommitted Facility. The entering into any Transaction hereunder is discretionary on the part of both parties and each Eligible Asset must be acceptable to Buyer for Purchaser hereunder, which determination shall be made by Buyer in its sole discretion. Buy may, in its sole discretion, reject any Security from inclusion in a Transaction hereunder for any reason.
Uncommitted Facility. Borrower acknowledges and agrees that, notwithstanding any provisions of this Note or any other documents executed in connection with this Note, Bank has no obligation to make any advance, and that all advances are at the sole discretion of Bank. [_] OUT-OF-DEBT PERIOD. For a period of at least _____________________ consecutive days during [_] each fiscal year, [_] any consecutive 12-month period, Borrower shall fully pay down the balance of this Note, so that no amount of principal or interest and no other obligation under this Note remains outstanding.
Uncommitted Facility. Subject to the terms and conditions set forth in the Agreement, from the date hereof until the Termination Date, Buyer agrees to consider engaging, on an uncommitted and wholly discretionary basis, in Transactions from time to time under the Agreement, as supplemented by this Side Letter, with respect to Eligible Mortgage Loans having a maximum aggregate Purchase Price outstanding at any one time of One Hundred Million and No/100 Dollars ($100,000,000.00) (such maximum amount, the “Facility Amount”) from the date hereof until the Termination Date. The Parties agree (a) that (i) notwithstanding the provisions of Section 7(b)(xii) of the Agreement, Buyer may from time to time electively enter into one or more Transactions with Seller or (ii) another event may occur, or other circumstances may exist, after which the Aggregate Purchase Price shall be greater than the Facility Amount, and (b) that notwithstanding the occurrence or existence of any such event or circumstances, every Transaction shall be and remain fully subject to all of the other terms and conditions of the Agreement and all other related Transaction Documents and entitled to all benefits 4814-9402-2513.2 084930\000027
Uncommitted Facility. The Facility is uncommitted so the Bank may decide whether to Purchase a Receivable in its absolute discretion.
