Additional Advance Notice definition
Examples of Additional Advance Notice in a sentence
Each Additional Advance Notice shall be submitted to and received by the Administrative Agent prior to 9:00 a.m. (New York time) (A) at least three (3) Business Days prior to the specified borrowing date, in the case of Eurodollar Loans; and (B) at least two (2) Business Days prior to the specified borrowing date, in the case of Base Rate Loans.
Notwithstanding the foregoing, in the case of the Additional Advance Notice delivered in connection with the IPO Closing Date Advance, the time of day by which such notice shall be delivered shall be prior to 12:00 noon (California time).
If an Additional Advance Notice shall fail to specify the applicable Interest Period for any Eurodollar Loan requested, such Loan will be made as a Eurodollar Loan with a one month Interest Period.
Upon receipt of an Additional Advance Notice conforming with the terms of this Section 14, the Administrative Agent shall promptly notify each Lender thereof and of the amount of such Lender's IPO Closing Date Commitment Percentage of the Loan described therein.
No more than one (1) Additional Advance Notice on account of any Deferred Funding Advance may be given in any calendar month.
Each Additional Advance Notice submitted by Borrower hereunder shall constitute a representation and warranty by Borrower hereunder, as of the date of such notice and as of the date of the making of the corresponding Additional Advance, that the conditions in this Section 14 have been satisfied.
Upon receipt of an Additional Advance Notice conforming with the terms of this Section 14, the Administrative Agent shall promptly notify each Lender thereof and of the amount of such Lender's IPO Closing Date Commitment Percentage or Deferred Funding Commitment Percentage (as applicable) of the Loan described therein.
The Company shall have obtained all permits and qualifications required by any applicable state for the offer and sale of all the Common Shares issuable pursuant to such Advance Notice or Additional Advance Notice, or shall have the availability of exemptions therefrom.
There shall be a sufficient number of authorized but unissued and otherwise unreserved Common Shares for the issuance of all of the Shares issuable pursuant to such Advance Notice or Additional Advance Notice.
Except for Additional Advances required pursuant to an Additional Advance Notice sent pursuant to the preceding sentence, all Additional Advances shall necessitate that Required Approval be obtained.