Advances and Loans. So long as the Borrower shall have any obligation under this Note, the Borrower shall not, without the Holders written consent, lend money, give credit or make advances to any person, firm, joint venture or corporation, including, without limitation, officers, directors, employees, subsidiaries and affiliates of the Borrower, except loans, credits or advances # in existence or committed on the date hereof and which the Borrower has informed Holder in writing prior to the date hereof, # made in the ordinary course of business or # not in excess of .
Lend money or extend credit or make advances to any Person, or purchase or acquire any stock, obligations or securities of, or any other interest in, or make any capital contribution to, or otherwise make an investment in, any Person except for Permitted Investments and transactions expressly permitted by [Section 8.06].
Advances, Investments and Loans. Borrower will not, and will not permit its Subsidiaries to, directly or indirectly, lend money or credit or make advances to any Person, or purchase or acquire any stock, obligations or securities of, or any other interest in, or make any capital contribution to, any other Person, or purchase or own a futures contract or otherwise become liable for the purchase or sale of currency or other commodities at a future date in the nature of a futures contract, or hold any cash or Cash Equivalents (each of the foregoing an “Investment” and, collectively, “Investments”), except that the following shall be permitted:
Advances. Subject to the terms and conditions of this Agreement, from the date on which this Agreement becomes effective until the Maturity Date, will make Advances to not exceeding the Credit Limit (subject at all times to the Domestic Credit Limit and the EXIM Credit Limit) or the Borrowing Base (subject at all times to the Domestic Borrowing Base and EXIM Borrowing Base), whichever is less; provided that in no event shall be obligated to make any Advance that results in an Overadvance or while any Overadvance is outstanding. Amounts borrowed under this Section may be repaid and reborrowed during the term of this Agreement. It shall be a condition to each Advance that # shall have received an Advance Request acceptable to accompanied by updated reporting required by [[Sections 4.8(g), (h), and (i)(ii)])])]], each updated to no earlier than 2 business days prior to the date of the Advance Request, and otherwise meeting the requirements of [Sections 4.8(g), (h), and (i)(ii), (b)])])])])] all of the representations and warranties set forth in [Section 3] are true and correct on the date of such Advance as though made at and as of each such date, and # no Default has occurred and is continuing, or would result from such Advance.
Advances. Subject to [Section 2.3(b)], the principal amount outstanding under the Revolving Line shall accrue interest at a floating per annum rate equal to the greater of # the Prime Rate plus one percent (1.00%) or # four and one-quarter of one percent (4.25%), which interest shall be payable monthly in arrears in accordance with [Section 2.3(d)] below.
ADVANCES. At any time during the term of this Note, Borrower may, at its sole option, draw down amounts up to an aggregate of under the terms set forth herein. The aggregate unpaid principal balance outstanding, if any, at any time during the term of this Note shall be referred to as the “Principal Amount.” Advances under this Note shall be made upon written request by Borrower to Lender in the form of a Draw Request attached as [Exhibit A] hereto. Draw Requests shall be sent to Lender at the address set forth above. All Draw Requests submitted by Borrower shall be funded within 10 days from the date Lender receives the Draw Request (each a “Draw Date”).
Advances. The hereby promises to pay to the Administrative Agent for account of each the entire outstanding principal amount of such ’s Advances, and each Advance shall mature, on the earlier of the Commitment Termination Date applicable to such and the Termination Date.
Advances. Following receipt of a Loan Notice for a Facility, the shall promptly notify each Appropriate of the amount of its Applicable Percentage under such Facility of the applicable Loans, and if no timely notice of a conversion or continuation is provided by the , the shall notify each Appropriate of the details of any automatic conversion to Base Rate Loans described in [Section 2.02(a)]. In the case of a Borrowing, each Appropriate shall make the amount of its Loan available to the in immediately available funds at the ’s Office not later than on the Business Day specified in the applicable Loan Notice. Upon satisfaction of the applicable conditions set forth in [Section 4.02] (and, if such Borrowing is the initial Credit Extension, [Section 4.01]), the shall make all funds so received available to the in like funds as received by the either by # crediting the account of the on the books of SVB with the amount of such funds or # wire transfer of such funds, in each case in accordance with instructions provided to (and reasonably acceptable to) the by the ; provided, however, that if, on the date a Loan Notice with respect to a Revolving Borrowing is given by the , there are L/C Borrowings outstanding, then the proceeds of such Revolving Borrowing, first, shall be applied to the payment in full of any such L/C Borrowings, and second, shall be made available to the as provided above.
Advances. An advance on unearned commissions (PO Advance) will be made to the Participant for any purchase orders entered into for the Participants assigned customer or for a customer in the Participants assigned territory during any quarter. The PO Advance for each quarter will be equal to the amount of purchase orders entered into in that quarter multiplied by the Participants commission rate set forth in the Compensation Plan. For purposes of this Plan, a purchase order will be considered entered into when the applicable customer signs and returns the purchase order to the Company. A purchase order will not be considered entered into if it is subject to any disclosed or undisclosed contingent liabilities, any other side or associated agreement, or is consummated outside of accepted Company policies, procedures and guidelines, as determined by the Company in its sole discretion (an Incomplete PO). Any PO Advance will be paid by the last day of the month following the end of the quarter in which the purchase orders are entered into unless the Participants employment with the Company has terminated for any reason (or the Participant has notified the Company of the Participants intention to resign) on or before that date. Deals that require prepayment as the payment terms, are not eligible for a PO advance.
#During the Availability Period, the shall deliver to the a Loan Notice stating the Type of Delayed Draw Term Loans to be advanced pursuant to [Section 2.01]. Each advance of Loans, each conversion of Loans from one Type to the other, and each continuation of Term SOFR Rate Loans shall be made upon irrevocable notice from the (on its own behalf or on behalf of the applicable Co-) to the , which may be given by # telephone, or # a Loan Notice; provided that any telephonic notice must be confirmed immediately by delivery to the of a Loan Notice. Each such Loan Notice must be received by the # on the date of the request for any advance or conversion of Daily SOFR Rate Loans or Base Rate Loans, provided, that, for a request of Daily SOFR Rate Loans or Base Rate Loans, such Loan Notice must be received by the not later than , otherwise, such Loan Notice shall be deemed to be a request for a Daily SOFR Rate Loan or Base Rate Loan on the next Business Day, and # not later than two (2) Business Days prior to the requested date of any advance of, conversion to or continuation of Term SOFR Rate Loans or conversion of Term SOFR Rate Loans to Daily SOFR Rate Loans or Base Rate Loans. Each advance of, conversion to or continuation of Term SOFR Rate Loans or Daily SOFR Rate Loans shall be in a principal amount of or a whole multiple of in excess thereof. Each advance of or conversion to Base Rate Loans shall be in a principal amount of or a whole multiple of in excess thereof. Each Loan Notice (whether telephonic or written) shall specify # whether such Loans are Delayed Draw Term Loans or Incremental Term Loans (if applicable), # whether the or a Co- is requesting an advance of Loans, a conversion of Loans from one Type to the other, or a continuation of Term SOFR Rate Loans, # the requested date of the applicable advance, conversion or continuation, as the case may be (which shall be a Business Day), # the principal amount of Loans to be borrowed, converted or continued, # the Type of Loans to be borrowed or to which existing Loans are to be converted, and # if applicable, the duration of the Interest Period with respect thereto. If the fails to specify a Type of Loan or Term SOFR in a Loan Notice or if the fails to give a timely notice requesting a conversion or continuation of Term SOFR Rate Loans, then the applicable Loans shall be made as, or converted to, Daily SOFR Rate Loans. Any such automatic conversion to Daily SOFR Rate Loans shall be effective as of the last day of the Interest Period then in effect with respect to the applicable Loans. If the requests a Term SOFR Rate Loan, or a conversion to or continuation of Term SOFR Rate Loans in any such Loan Notice, but fails to specify an Interest Period, it will be deemed to have specified an Interest Period of one (1) month.
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