Agreement to Lend Sample Clauses

Agreement to Lend. Lender hereby agrees to lend up to but not in excess of the Loan Amount to Borrower, and Borrower hereby agrees to borrow such sum from Lender, all upon and subject to the terms and provisions of this Agreement, such sum to be evidenced by the Note. No principal amount repaid by Borrower may be reborrowed by Borrower. Borrower's liability for repayment of the interest on account of the Loan shall be limited to and calculated with respect to Loan proceeds actually disbursed to Borrower pursuant to the terms of this Agreement and the Note and only from the date or dates of such disbursements. After notice to Borrower, Lender may, in Lender's sole discretion, disburse Loan proceeds by journal entry to pay interest and financing costs and, following an uncured Event of Default, disburse Loan proceeds directly to third parties to pay costs or expenses required to be paid by Borrower pursuant to this Agreement. Loan proceeds disbursed by Lender by journal entry to pay interest or financing costs, and Loan proceeds disbursed directly by Lender to pay costs or expenses required to be paid by Borrower pursuant to this Agreement, shall constitute Advances to Borrower.

Agreement to Lend. The Lenders, relying upon each of the representations and warranties in clause 7, agree to provide to the Borrowers upon and subject to the terms of this Agreement, the Advances, for the purposes of financing part of the purchase price of the Vessels. Subject to the terms of this Agreement, the obligations of the Lenders shall be to contribute to each Advance, the proportion of the relevant Advance which their respective Commitments bear to the Total Commitment on any relevant Drawdown Date.

Agreement to Lend. The Banks, relying upon each of the representations and warranties in clause 7, agree to lend to the Borrowers, jointly and severally, upon and subject to the terms of this Agreement, the principal sum of up to Sixty four million seven hundred and fifty thousand Dollars ($64,750,000) in forty two (42) Advances comprising seven (7) Tranches. The obligation of each Bank under this Agreement shall be to contribute that proportion of each Advance which, as at the Drawdown Date of such Advance, its Commitment bears to the Total Commitment.

Agreement to Lend. Subject to the terms and conditions contained in this Agreement and upon execution of this Agreement, the Company agrees to issue to Borrower a check or other readily available funds in the Borrowed Amount upon the date of this Agreement.

Agreement to Lend. From time to time prior to the Swingline Termination Date, subject to the terms and conditions hereof, the Swingline Lender agrees to make Swingline Loans to each Borrower pursuant to this subsection; provided that, immediately after each Swingline Loan is made (i) the Utilization Limits are not exceeded and (ii) the aggregate outstanding principal amount of all Swingline Loans does not exceed $350,000,000. Each Swingline Loan shall be in a principal amount of $1,000,000 or any larger multiple thereof. No Swingline Loan may be used to refinance an outstanding Swingline Loan. Within the foregoing limits, the Borrower may borrow under this Section 2.18, prepay Swingline Loans and reborrow at any time prior to the Swingline Termination Date under this Section 2.18.

Agreement to Lend. The Bank, relying upon each of the representations and warranties in clause 8, agrees to lend to the Borrower upon and subject to the terms of this Agreement up to Thirty six million Dollars ($36,000,000) or the equivalent in Optional Currencies calculated in accordance with clause 4.

Agreement to Lend. The Lenders, relying upon each of the representations and warranties in clause 7, agree to lend to the Borrowers, jointly and severally, upon and subject to the terms of this Agreement, the principal sum of up to ninety seven million two hundred and fifty four thousand five hundred Dollars ($97,254,500) in four (4)

Agreement to Lend. Subject to subparagraphs (1) through (4) below (the "Lending Sublimits"), each Lender severally agrees to make Loans to the Company and participate in purchases of Discount Advances on the terms and conditions set forth in this Agreement from time to time through the Business Day immediately preceding the Termination Date, provided that, on any date, after giving effect to such Loans and all other Loans that the Company has requested be made on such date: (1) the aggregate principal balance then outstanding under all Loans made by any Lender under this Agreement (excluding the aggregate principal balance then outstanding of any Bid Loans made by such Lender and any portion of Discount Advances made by such Lender which have been sold or, will on such date be simultaneously sold, to the other Lenders under Section 2.4) shall not at any time exceed the sum of (i) such Lender's then-current General Commitment, and (ii) such Lender's then-current Swingline Commitment, if any; (2) the aggregate principal balance of all Loans outstanding under this Agreement plus the aggregate face amount of all Outstanding CPNs shall not at any time exceed the then-current Aggregate Commitment; (3) the Credit Requirement shall not exceed the Borrowing Base; (4) except as otherwise set forth in Section 2.5(c), the aggregate principal balance of all Swingline Advances outstanding under this Agreement at any time shall not exceed the Swingline Commitment. Subject to the terms hereof, the Company may borrow, repay and reborrow amounts hereunder.

Agreement to Lend. (a) Lender hereby agrees to lend up to but not in excess of the Loan Amount to Borrower, and Borrower hereby agrees to borrow such sum from Lender, all upon and subject to the terms and provisions of this Agreement, such sum to be evidenced by the Note. No principal amount repaid by Borrower may be reborrowed by Borrower. Borrower’s liability for repayment of the interest on account of the Loan shall be limited to and calculated with respect to Loan proceeds actually disbursed to Borrower pursuant to the terms of this Agreement and the Note and only from the date or dates of such disbursements. After notice to Borrower, Lender may, in Lender’s sole discretion, disburse Loan proceeds by journal entry to pay interest and financing costs and, following an uncured Event of Default, disburse Loan proceeds directly to third parties to pay costs or expenses required to be paid by Borrower pursuant to this Agreement. Loan proceeds disbursed by Lender by journal entry to pay interest or financing costs, and Loan proceeds disbursed directly by Lender to pay costs or expenses required to be paid by Borrower pursuant to this Agreement, shall constitute Advances to Borrower. (b) As of the date of this Agreement, Lender has advanced the sum of $32,130,199.07 to Borrower in connection with the Phase I Loan (and such amount is outstanding under the Phase I Note as of the date of this Agreement), and the sum of $659,800.93 (the “Available Phase I Loan Proceeds”) remains available to be advanced to Borrower in connection with the retainage currently being withheld from the Contractor who constructed the Phase I Improvements (the “Phase I Contractor”) pending resolution of a dispute with the Phase I Contractor that involves (i) mechanic’s and materialman’s lien affidavit recorded under Document No. 2016085977 of the Official Public Records of Xxxxxx County, Texas and partially released by instrument recorded under Document 2017081465 of the Official Public Records of Xxxxxx County, Texas, and (ii) mechanic’s and materialman’s lien affidavit recorded under Document No. 0000000000 and partially released by instrument recorded under Document No. 0000000000 of the Official Public Records of Xxxxxx County, Texas, (collectively, the “Phase I M&M Liens”). Lender has agreed that Borrower may cause the Phase I M&M Liens to be insured around under the Title Insurance as a resolution of these Phase I M&M Liens until such time as Borrower resolves its dispute with the Phase I Contractor...

Agreement to Lend. Subject to the terms and conditions of this Agreement, and in reliance on each of the representations and warranties made or to be made in or in accordance with each of the Security Documents: 2.1.1 each of the Lenders agrees to advance to the Borrower its Commitment of an aggregate principal amount not exceeding the Buyer Credit Maximum Amount to be used by the Borrower for the purposes referred to in Recital (B); and 2.1.2 each of the Lenders agrees to advance to the Borrower its Commitment of an aggregate principal amount not exceeding the Commercial Loan Maximum Amount to be used by the Borrower for the purposes referred to in Recital (C).