Examples of BofA Loan in a sentence
Such amounts made available to the Agent shall be applied against the amounts of the applicable BofA Loan or Agent Advance and, together with the portion of such BofA Loan or Agent Advance representing BofA's Pro Rata Share thereof, shall constitute Revolving Loans of such Lenders.
BofA shall not otherwise be required to determine whether the applicable conditions precedent set forth in Article 10 have been satisfied or the requested Borrowing would exceed the Availability of the Borrower on the Funding Date applicable thereto prior to making, in its sole discretion, any BofA Loan.
Each of the Lenders hereunder that is a Lender under the BoA Loan Agreement hereby waives any requirement set forth in Section 2.05 of the BoA Loan Agreement that Borrower provide any notice prior to termination of the Aggregate Revolver Commitments under the BofA Loan Agreement.
Each BofA Loan is a Revolving Loan hereunder and shall be subject to all the terms and conditions applicable to other Revolving Loans except that all payments thereon shall be payable to BofA solely for its own account (and for the account of the holder of any participation interest with respect to such Revolving Loan).
The Agent shall not request BofA to make any BofA Loan if (i) the Agent shall have received written notice from any Lender, or otherwise has actual knowledge, that one or more of the applicable conditions precedent set forth in Article 10 will not be satisfied on the requested Funding Date for the applicable Borrowing, or (ii) the requested Borrowing would exceed the Availability of the Borrower on such Funding Date.
BofA will extend to Xxxxx the BofA Loan, which amount shall be used by Xxxxx only for the purposes of (a) repaying the Bridge Loan, (b) landscaping the Property and making interior improvements, and (c) incurring other related expenses such as purchasing furniture.
Notwithstanding the foregoing, neither such Loan Party nor any of its Subsidiaries shall make payment of principal on the MLBFS Loan or terminate the MLBFS Loan before the BofA Loan has been paid in full.
Notwithstanding Section 9.25, BofA may, in its sole discretion, make BofA Loans which, after giving effect thereto, would result in Availability of less than $5,000,000 (but not less than zero), provided that the Borrower shall not permit the portion of any such BofA Loan which so results in Availability of less than $5,000,000 to be outstanding for more than five consecutive days in any calendar quarter or more than ten days in total in any calendar quarter.
Each of the Borrower and the Lender hereby irrevocably waives all right to trial by jury in any action, proceeding or counterclaim (whether based on contract, tort or otherwise) arising out of or relating to this Agreement or any other BofA Loan Document, the Loans or the actions of the Lender in the negotiation, administration, performance or enforcement thereof.
In the case of an investigation, litigation or other proceeding to which the indemnity in this Section 6.04(b) applies, such indemnity shall be effective whether or not such investigation, litigation or proceeding is brought by any BofA Loan Party, any Loan Party, its directors, shareholders or creditors or an Indemnified Party, or any Indemnified Party is otherwise a party thereto and whether or not the transactions contemplated hereby are consummated.