Advances. Subject to the prior satisfaction of all other applicable conditions to the making of an Advance (other than Advances under [Sections 2.3]) set forth in this Agreement, to obtain an Advance, Co-Borrowers shall notify Bank (which notice shall be irrevocable) by electronic mail by 12:00 p.m. Pacific time on the Funding Date of the Advance. Such notice shall be made by Co-Borrowers through Banks online banking program, provided, however, if Co-Borrowers are not utilizing Banks online banking program, then such notice shall be in a written format acceptable to Bank that is executed by an Authorized Signer. Bank shall have received satisfactory evidence that the provision of such notices and the requests for Advances have been approved by the Board. In connection with any such notification, Co-Borrowers must promptly deliver to Bank by electronic mail or through Banks online banking program such reports and information, including without limitation, sales journals, cash receipts journals, accounts receivable aging reports, as Bank may request in its sole discretion. Bank shall credit proceeds of an Advance to the Designated Deposit Account. Bank may make Advances under this Agreement based on instructions from an Authorized Signer or without instructions if the Advances are necessary to meet Obligations which have become due.
Advances. The Company shall make a request for an advance by notice [[Organization A:Organization]] Holder given pursuant to Section 7.2 hereof. The Holder will enter on its books and records, the date and amount of each advance, as well as the date and amount of each payment made by the Company. Such entries will be presumed to be correct when made.
Advances. Subject to Section 2.3(b), the outstanding principal amount under the Revolving Line shall accrue interest at a floating per annum rate equal to the Prime Rate plus three-quarters of one percent (0.75%), 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 US$100,000 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 [[Organization A:Organization]] hereby promises to pay to the Administrative Agent for account of each [[Organization B:Organization]] the entire outstanding principal amount of such [[Organization B:Organization]]’s Advances, and each Advance shall mature, on the earlier of the Commitment Termination Date applicable to such [[Organization B:Organization]] and the Termination Date.
Advances. Following receipt of a Loan Notice for a Facility, the [[Administrative Agent:Organization]] shall promptly notify each Appropriate [[Organization A:Organization]] 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 [[Administrative Agent:Organization]] shall notify each Appropriate [[Organization A:Organization]] 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 [[Organization A:Organization]] shall make the amount of its Loan available to the [[Administrative Agent:Organization]] in immediately available funds at the [[Administrative Agent:Organization]]’s Office not later than 12:00 p.m. 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 [[Administrative Agent:Organization]] shall make all funds so received available to the in like funds as received by the [[Administrative Agent:Organization]] 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 [[Administrative Agent:Organization]] 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.
Additional Advances for Operating Expenses. During any calendar quarter during which has made an Additional Advance to pay for, or reimburse for, Operating Expenses, will deliver a schedule (together with supporting detail reasonably satisfactory to ) reconciling # the aggregate amount of Additional Advances made to for Operating Expenses pursuant to the Project Budget during such calendar quarter and # the actual Operating Expenses incurred during such calendar quarter, and to the extent determines in its reasonable discretion that Operating Expenses actually incurred in such quarter were less than the amount of Additional Advances made to for Operating Expenses pursuant to the Project Budget during such calendar quarter, then may in its discretion either # decrease the amount to be disbursed for payment of Operating Expenses pursuant to the Project Budget for the following month (or, if necessary, months) in an amount necessary to reflect such difference or # require that , within ten (10) days following written request, deposit with an amount equal to such difference. For the avoidance of doubt, shall not make any Additional Advances for Taxes and Insurance Premiums pursuant to this [Section 2.20(i)] in duplication of any Additional Advance made pursuant to [Section 2.20(b)].
Indemnification of Expenses of Successful Party. Notwithstanding any other provision of this Agreement, to the extent that Indemnitee has been successful on the merits or otherwise in defense of any Proceeding or in defense of any claim, issue or matter therein, including dismissal without prejudice, Indemnitee shall be indemnified against all Expenses incurred in connection therewith.
With respect to any Claim by a third party as to which the Claimant is entitled to indemnification hereunder, the Indemnitor shall have the right at its own expense to participate in or assume control of the defense of the Claim, and the Claimant shall cooperate fully with the Indemnitor, subject to reimbursement for actual out-of-pocket expenses incurred by the Claimant as the result of a request by the Indemnitor. If the Indemnitor elects to assume control of the defense of any third-party Claim, the Claimant shall have the right to participate in the defense of the Claim at its own expense. If the Indemnitor does not elect to assume control or otherwise participate in the defense of any third party Claim, Claimant may, but shall have no obligation to, defend or settle such Claim or litigation in such manner as it deems appropriate, and in any event Indemnitor shall be bound by the results obtained by the Claimant with respect to the Claim (by default or otherwise) and shall promptly reimburse Claimant for the amount of all expenses (including the amount of any judgment rendered), legal or otherwise, incurred in connection with such Claim or litigation. The Indemnitor shall be subrogated to all rights of the Claimant against any third party with respect to any Claim for which indemnity was paid.
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