Examples of Second Borrowing in a sentence
An advance of at least $10,000,000 has occurred pursuant to Section 6.02 as the Second Borrowing.
All Applicable Permits required for the construction of the Project and operation of the Project required to have been obtained by the Second Borrowing Date from any Governmental Authority have been issued and are in full force and effect and not subject to appeal or to any unsatisfied conditions that may allow material modification or revocation.
The Notice of Borrowing required pursuant to Section 6.03(d) and Section 2.02 shall have been received no later than 90 calendar days following achievement of the Second Borrowing Milestone.
All of the Operative Documents to be executed and delivered with respect to the Project on or prior to the Second Borrowing Date shall be in full force and effect without change or amendment since the respective dates of their execution and delivery hereunder except as permitted hereunder.
The book value of any Pool Real Property included in the Second Borrowing Base shall be subject to adjustments from time to time approved by Agent in its reasonable discretion to take into account partial dispositions, costs of improvement, damage, destruction, other casualty, condemnation, eminent domain, contamination and other adverse events.
In the event that Agent notifies Borrower in writing of any inaccuracy in a Borrowing Base Certificate, the amount calculated as the Initial Borrowing Base, the Second Borrowing Base or the Secured Borrowing Base, as applicable, in such Borrowing Base Certificate shall be revised as reasonably determined by Agent.
Borrower agrees at all times to cause the Initial Borrowing Base, the Second Borrowing Base and the Secured Borrowing Base to be not less than the Aggregate Outstandings.
The payment in kind of the Final Upfront Fee shall not utilize any Commitments hereunder and shall not be deemed to be part of the Second Borrowing.
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If the Borrower wishes to draw the Second Borrowing, then the Borrower shall have delivered to the Lenders a notice certifying achievement of the Second Borrowing Milestone no later than 60 days after achieving such milestone, and the Lenders shall have been reasonably satisfied with the results of its audit of the Borrower’s Revenue by examining the Borrower’s books and records within 30 days following the delivery of such notice.