Making Advances Sample Clauses

Making Advances. To refrain from making any advances under this Agreement but Lessor may make advances after the happening of any such event without thereby waiving the right to refrain from making other further advances or to exercise any of the other rights Lessor may have.

Making Advances. (a) Revolver A Advances Prior to the Conversion Date, Revolver B Advances and Term Loan Advances. Each Borrowing of Revolver A Advances prior to the Conversion Date, Revolver B Advances and the Term Loan Advances shall be made upon the written notice of the Borrower, received by Administrative Agent not later than (i) 10:00 a.m. pacific time three Business Days prior to the date of the proposed Borrowing, in the case of Advances which are LIBOR Advances and (ii) 9:00 a.m. pacific time on the date of such Borrowing, in the case of Advances which are Base Rate Advances. Each such notice of a Borrowing (a "Borrowing Notice") shall be by telecopy or telephone, promptly confirmed by letter, in substantially the form of Exhibit F hereto specifying therein: (i) the date of such proposed Borrowing, which shall be a Business Day, and whether such Borrowing will be under the Revolver A Loan prior to the Conversion Date, the Revolver B Loan, or, in the case of an Advance on the Closing Date under the Term Loan; (ii) the Type of Advances of which the Borrowing is to be comprised; (iii) the amount of such proposed Borrowing which, (A) with respect to Advances drawn under (I) prior to the Conversion Date, the Revolver A Loan, shall not exceed the unused portion of the Revolver A Commitment, (II) the Revolver B Loan, shall not exceed the unused portion of the Revolver B Commitment minus the undrawn face amount of all outstanding Letters of Credit and Reimbursement Obligations under Article III hereof, and (III) the Term Loan, shall not exceed the unused portion of the Term Loan Commitment and (B) shall (I) in the case of a Borrowing of Base Rate Advances, be in an amount of not less than $2,000,000 or an integral multiple of $1,000,000 in excess thereof (or any lesser amount if such amount is the remaining undrawn portion under the Revolver A Commitment or the Revolver B Commitment, respectively), and (II) in the case of a Borrowing of LIBOR Advances, be in an amount of not less than $2,000,000 or an integral multiple of $1,000,000 in excess thereof; and (iv) if the Borrowing is to be comprised of LIBOR Advances, the duration of the initial Interest Period applicable to such Advances. If the Borrowing Notice fails to specify (a) whether such Borrowing is under the Revolver A Loan or the Revolver B Loan, then such Borrowing shall be deemed to be made under the Revolver B Loan, (b) whether such Borrowing is to be a Base Rate Advance or a LIBOR Advance, then such Borrowing ...

Making Advances. (a) Upon the terms and subject to the conditions herein set forth, the Lender shall from time to time make Advances to the Borrower under the Loan up to an aggregate principal amount at any one time outstanding not to exceed an amount equal to the Credit Facility. Any sums advanced pursuant to this Section and subsequently repaid may be re-borrowed from time to time, subject to the requirements of Section 2.02. (b) Loan proceeds may be used by Borrower for any business purpose of Borrower. (c) Nothing herein shall obligate the Lender to make any Advance in excess of the maximum amount of the Credit Facility, nor prohibit the Lender from lending in excess of the maximum amount of the Credit Facility, the making of any or all Advances in excess of the maximum amount of the Credit Facility to be in the sole and absolute discretion of the Lender. If at any time an excess shall for any reason exist, the Borrower shall repay to the Lender forthwith, without notice or demand, such amount as shall be necessary to eliminate such excess. (d) The Borrower shall give the Lender at least three (3) Business Days' prior written or telegraphic notice of its request for an Advance. Each such notice shall specify the date and the amount of the requested Advance and shall be in the form attached hereto as Exhibit II (a "Request Notice"). Each Advance shall be in the minimum amount of $5,000.00 and in integral multiples of $1,000.00. The Lender shall make each Advance in immediately available funds by wire transfer to a deposit account designated by Borrower at its financial institution, as soon as practicable, but in no event later than 3 business days following the receipt by Lender of a Request Notice.

Making Advances. Each Advance under the Floor Plan Note shall be made on written, oral, electronic or telephonic request from any Person purporting to be authorized to request Advances on behalf of the Borrower, which notice or request shall specify the date of the requested Advance and the amount thereof. Upon the Borrower’s fulfillment of the applicable conditions set forth in Article III, the Bank may disburse the amount of the requested Advance by crediting the same to the Borrower’s demand deposit account maintained with the Bank or in such other manner as the Bank and the Borrower may from time to time agree. Any request for an Advance, whether written, oral, electronic or telephonic, shall be deemed to be a representation that the statements set forth in Section 3.2 are correct. Any Advance request pursuant to Section 2.2 shall be made at least one bank business day prior to the date of the desired Advance and shall be in an amount not less than $5,000 and shall be made by Xxxxx Xxxxxxxx or Xxxxx X. Xxxxx or Xxx Xxxxxxxxxxxx or Xxxxx Xxxxxxxxxxxx on behalf of the Borrower. Notwithstanding the immediately foregoing sentence, in the absence of bad faith on the part of the Bank, the Borrower shall be obligated to repay all Advances notwithstanding the fact that the Person requesting the same was not in fact authorized to do so.

Making Advances. (a Working Line Advances Prior to the Conversion Date, Revolver A Advances and Revolver B Advances. Each Borrowing of Working Line Advances Prior to the Conversion Date, Revolver A Advances and Revolver B Advances shall be made upon the written notice of the Borrower, received by Administrative Agent not later than (i) 12:00 p.m. central standard time three Business Days prior to the date of the proposed Borrowing, in the case of Advances which are LIBOR Advances and (ii) 12:00 p.m. central standard time on the date of such Borrowing, in the case of Advances which are Base Advances. Each such notice of a Borrowing (a "Borrowing Notice") shall be by telecopy or telephone, promptly confirmed by letter, in substantially the form of Exhibit F hereto specifying --------- therein: (i) the date of such proposed Borrowing, which shall be a Business Day, and whether such Borrowing will be under the Revolver A Loan, the Revolver B Loan, or, prior to the Conversion Date, the Working Line Loan; (ii) the Type of Advances of which the Borrowing is to be comprised; (iii) the amount of such proposed Borrowing which, (A) with respect to Advances drawn under (I) the Revolver A Loan, shall not exceed the unused portion of the Revolver A Commitment, (II) the Revolver B Loan, shall not exceed the unused portion of the Revolver B Commitment, and (III) prior to the Conversion Date, the Working Line Loan, shall not exceed the unused portion of the Working Line Commitment and (B) shall (I) in the case of a Borrowing of Base Advances, be in an amount of not less than $2,000,000 or an integral multiple of $1,000,000 in excess thereof (or any lesser amount if such amount is the remaining undrawn portion under the Revolver A Commitment, Revolver B Commitment or Working Line Commitment, respectively), and (II) in the case of a Borrowing of LIBOR Advances, be in an amount of not less than $5,000,000 or an integral multiple of $1,000,000 in excess thereof; and (iv) if the Borrowing is to be comprised of LIBOR Advances, the duration of the initial Interest Period applicable to such Advances. If the Borrowing Notice fails to specify (a) whether such Borrowing is under the Revolver A Loan, the Revolver B Loan or the Working Line Loan, then such Borrowing shall be deemed to be made under the Revolver A Loan or (b) the duration of the initial Interest Period for any Borrowing or Refinancing Advance, as applicable, comprised of LIBOR Advances, such Interest Period shall be one month. Administr...

Making Advances. Each Working Capital Advance shall be made within two business days of written notice (or telephonic notice confirmed in writing) given by noon (Austin, Texas time) on a business day of Lender by Borrower to Lender specifying the amount and date thereof (which may be the same business day) and if sent by wired funds, at Lender's option, the wiring instructions of the deposit account of Borrower to which such Working Capital Advance is to be deposited. ---------------

Making Advances. (a) Each Advance by any of the Investors or the Banks shall be made on at least three Business Days' notice from the Borrower to the Program Agent and each Investor Agent, provided that Advances shall be made not more than six (6) times in any Month. Each such notice of an Advance shall specify (i) the amount requested to be paid to the Borrower (such amount, which shall not be less than $1,000,000, being referred to herein as the initial "Principal" of the Advance then being made), (ii) the allocation of such amount among each of the Groups (which shall be proportional to the Investor Facility Amount of each Group), and (iii) the date of such Advance (which shall be a Business Day). Each Investor shall promptly notify the Program Agent whether such Investor has determined not to make the requested Advance on the terms specified by the Borrower. The Program Agent shall promptly thereafter notify the Borrower whether the Investors have determined not to make the requested Advance. All Advances by members of each Group shall be evidenced by a Note to the order of the Investor Agent for such Group. If any Investor has determined not to make the entire amount of a proposed Advance requested to be made by it, the Investor Agent for such Investor shall promptly send notice of the proposed Advance to all of the Related Banks for such Investor concurrently by telecopier, telex or cable specifying the date of such Advance, the aggregate amount of Principal of each Advance to be made by such Related Banks (which amount shall be equal to the portion of the initial Principal requested to be funded by such Investor, which such Investor determined not to fund), each such Related Bank's portion thereof (determined ratably in accordance with its respective Bank Commitment), whether the Yield for the Fixed Period for such Advance is calculated based on the Eurodollar Rate (which may be selected only if such notice is given at least three Business Days prior to the date of such Advance) or the Alternate Base Rate, and the duration of the Fixed Period for such Rate Tranche (which shall be one day if the Borrower has not selected another period and such Advance is to be funded at the Alternate Base Rate); provided, however, that during the Term Period for any Group, each Bank in such Group shall, at least two Business Days prior to the date of such Advance, instruct the Program Agent to provide written instruction to the Disbursement Agent to wire (or otherwise transfer in im...

Making Advances. ‌ Each Advance under the Loan shall be made from the proceeds of an Advance (as such term is defined in the Bond Trust Indenture) caused to be made under the Bonds that the Lender issued to fund a portion of the Loan, and each Advance that is made under the [YEAR- ] Bonds shall be deemed to be an Advance made under the Loan in an equal amount. Upon receipt of the documents required by Section 3.2 hereof to be delivered in connection with each request for Advance and, in the case of the Initial Advance, upon receipt of the documents required by Section 3.1 hereof to be delivered in connection with the request for the Initial Advance, the Lender will make, or cause to be made, but solely from proceeds of the Bonds, the requested Advance as herein provided. With respect to each requested Advance, the Lender shall, FIRST, receive notice from the Master Servicer/Trustee that it has received from the Borrower an amount of funds other than proceeds of the Bonds equal to the [YEAR- ] Bond Risk-Share Pool Requirement for the Approved Disbursement Amount, as required by Section 2.14 hereof; and, SECOND, disburse, or cause to be disbursed, by wire transfer an amount of funds equal to the Approved Disbursement Amount to the account specified by the Borrower in its requisition delivered to the Xxxxxx; provided, however, in the case of an Advance subject to a Special Supplemental Invoice pursuant to Section 2.6(c) of this Agreement, the Master Servicer/Trustee shall not disburse such Advance until such Special Supplemental Invoice has been paid. The Lender may submit requests for Advances at any time to the CDFI Fund (to be transmitted by the CDFI Fund to the Bondholder); provided, however, the CDFI Fund will specify certain restricted dates on which Advances will not be disbursed. Subject to Section 3.4, no initial proceeds of the Bond Loan shall be disbursed later than sixty (60) months after the Bond Issue Date [**For Bond Issues with more than one Borrower, add “; provided, further, that the Borrower and any other borrower in the related Bond Issue may submit requests for, and receive, Advances on different days in each calendar month”]. Notwithstanding the foregoing and Section 3.2, any disbursements to capitalize the Borrower’s Loan Loss Reserves shall be made pursuant to such requisition process as may be established by the Lender and the CDFI Fund.

Making Advances. To refrain from making any advances under this Agreement but Lender may make advances after the happening of any such event without thereby waiving the right to refrain from making other further advances or to exercise any of the other rights Lender may have.

Making Advances. Each Advance shall be made on two Banking Days' notice. Each such notice of an Advance shall be given by a Borrowing Notice (or such other form as the Lender may from time to time specify) or by telephone confirmed promptly in writing with the Borrowing Notice which shall specify therein: (i) the requested date of such Advance; (ii) the aggregate amount of such Advance; and (iii) the Outstanding Amount having given effect to such Advance.