Examples of Delayed Draw Advance in a sentence
The Aggregate Commitments shall be automatically and permanently reduced to zero (0) upon the earlier of (i) the funding of the Delayed Draw Advance and (ii) the expiration of the Availability Period.
The Lender shall have received a solvency certificate duly executed and delivered by the chief financial or accounting Authorized Officer of the Borrower, dated as of the Closing Date or any relevant Delayed Draw Advance Date, as the case may be, in form and substance satisfactory to the Lender.
The Borrower may irrevocably request that a Delayed Draw Advance be made by delivering to the Lender a Loan Request on or before 10:00 a.m. on a Business Day at least ten Business Days prior to the proposed Delayed Draw Advance Date.
As to any Delayed Draw Advance, immediately prior to the Delayed Draw Advance Date with respect thereto, the Borrower shall deliver to the Lender updates to Schedules 6.15(a), 6.16, 6.19, 6.22 and 6.23 each such updated Schedule to be complete and accurate in all material respects as of such Delayed Draw Advance Date.
The Liquidity of the Borrower shall not at any time be less than (i) on or prior to the initial Delayed Draw Advance Date, $5,000,000 or (ii) after the initial Delayed Draw Advance Date, $7,500,000.
The obligation of the Lender to make each Delayed Draw Advance shall be subject to the prior making of the Initial Loan, the delivery of a Loan Request as requested pursuant to Section 2.3, and the satisfaction of each of the conditions precedent set forth below in Sections 5.3, 5.8, 5.20 and 5.22.
On the terms and subject to the conditions of this Agreement, the Lender agrees to make multiple advances on a term loan basis (such advances, the “Delayed Draw Loan”) to the Borrower on each Delayed Draw Advance Date in aggregate for all Delayed Draw Loans together, an amount up to the Delayed Draw Commitment Amount.
After receipt of the Loan Request for any Delayed Draw Advance, the Lender shall, on the requested Delayed Draw Advance Date and subject to the terms and conditions hereof, make the requested proceeds of the Delayed Draw Advance available to the Borrower by wire transfer to the account the Borrower shall have specified in its Loan Request.
Set forth on Schedule 6.16 (as the same may be updated in accordance with Section 5.22) is a complete and accurate list as of the Closing Date or any relevant Delayed Draw Advance Date, as the case may be, of all Material Agreements (other than purchase orders made or received in the ordinary course of business) of the Borrower or any of the Subsidiaries, with an adequate description of the parties thereto and amendments and modifications thereto as of such dates.
This Delayed Draw Advance Note is one of the “Delayed Draw Advance Notes” issued pursuant to and entitled to the benefits of the Credit Agreement, to which reference is hereby made for a more complete statement of the terms and conditions under which the Delayed Draw Advance evidenced hereby was made and is to be repaid.