Making the Advances. If the Lenders are required to make a Line Advance to the Company as provided in Section 2.03, then each Lender shall make such Line Advance on the proposed date thereof by wire transfer of immediately available funds to # the Collateral Agent for deposit to the Collection Account or # in the case of Line Advances denominated in any Permitted Non-USD Currency, the applicable Permitted Non-USD Currency Account). Each Lender at its option may make any Line Advance by causing any domestic or foreign branch or Affiliate of such Lender to make such Line Advance; provided that any exercise of such option shall not affect the obligation of the Company to repay such Line Advance in accordance with the terms of this Agreement. Subject to the terms and conditions set forth herein, the Company may borrow, prepay and reborrow Line Advances, except that prepayments made after the Reinvestment Period shall result in a reduction of Financing Commitments as provided in [Section 4.07(e)].
Advances and Loans. So long as the Borrower shall have any obligation under this Note, the Borrower shall not, without the Holder’s 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 $100,000.
Base Rate Advances. During such periods as such Advance is a Base Rate Advance, a rate per annum equal at all times to the sum of # Base Rate in effect from time to time, payable in arrears quarterly on the last day of each March, June, September and December during such periods and on the date such Base Rate Advance shall be Converted or paid in full plus # the Applicable Margin in effect from time to time.
Eurodollar Rate Advances. During such periods as such Advance is a Eurodollar Rate Advance, a rate per annum equal at all times during each Interest Period for such Advance to the sum of # the Eurodollar Rate for such Interest Period for such Advance plus # the Applicable Margin in effect from time to time, payable in arrears on the last day of such Interest Period and, if such Interest Period has a duration of more than three months, on each day that occurs during such Interest Period every three months from the first day of such Interest Period and on the date such Eurodollar Rate Advance shall be Converted or paid in full.
Advances of Expenses. Upon your written request and without regard to any determination made under Section 5 of this agreement, expenses incurred by you in connection with any proceeding shall be promptly advanced to you by the Company prior to the final disposition of the proceeding subject to your written undertaking to repay any advances if it is ultimately determined that you are not entitled to indemnification in respect of such expenses.
Types of Advances. Domestic Advances may be Floating Rate Advances or Eurocurrency Advances, or a combination thereof, as selected by the applicable Borrower in accordance with [Sections 2.8 and 2.9]9]. Multicurrency Advances shall be Eurocurrency Advances. Each Swingline Loan shall be a Domestic Advance and, unless otherwise agreed between the Borrower and the Swingline Lender, a Floating Rate Advance.
Delaware Department of State
Release of All Claims. In exchange for GRVE’s execution of this Letter Agreement and the full satisfaction of the payments in Section 2.1 of this Agreement, Hymers agrees on behalf of himself, and his successors, assigns, officers, directors, shareholders, attorneys, employees, agents, independent contractors, affiliates, control persons, administrators, and any and all persons or business entities acting by and through them, as the case may be, to irrevocably and unconditionally remise, release, acquit, satisfy and forever discharge GRVE, specifically including GRVE’s agents, directors, officers, affiliates, employees representatives, insurance carriers, attorneys, divisions and subsidiaries, (and all agents, directors, officers, employees, representatives, insurance carriers, and attorneys of such divisions and subsidiaries), and its predecessors, successors, administrators and assigns, and all persons acting by, through, under, or in concert with any of them (collectively "Releases"), of and from any and all claims, actions, causes of action, suits, debts, charges, complaints, claims, liabilities, obligations, promises, agreements, controversies, damages, and expenses (including attorney fees and costs actually incurred), of any nature whatsoever, known or unknown, in law or equity, arising out from the Consulting Agreement and Convertible Promissory Note the amount of $40,000 dated March 5, 2021, and the Consulting Agreement and Convertible Promissory Note the amount of $60,000 dated March 7, 2022.
The sum of the aggregate balance of Revolving A Advances outstanding at any time in excess of the maximum amount of such Revolving A Advances permitted hereunder shall be immediately due and payable without the necessity of any demand, at the Payment Office, whether or not a Default or Event of Default has occurred. Without limiting the foregoing, if at any time following one or more fluctuations in the exchange rate of the Dollar against any other currency, any part of the Obligations exceeds any limit set forth herein, [[Organization A:Organization]] shall within three (3) Business Days of written notice of same from [[Organization B:Organization]] or, if an Event of Default has occurred and is continuing, immediately # make the necessary payments or repayments to reduce such Obligations to an amount necessary to eliminate such excess or # maintain or cause to be maintained with [[Organization B:Organization]] deposits in an amount equal to or greater than the amount of such excess, such deposits to be maintained in such form and upon such terms as are acceptable to [[Organization B:Organization]]; without in any way limiting the foregoing provisions, [[Organization B:Organization]] shall, weekly or more frequently in [[Organization B:Organization]]'s Permitted Discretion, make the necessary exchange rate calculations to determine whether any such excess exists on such date.
Upon (and only upon) receipt by [[Organization B:Organization]] for its account of immediately available funds from [[Organization A:Organization]] # in reimbursement of any payment made by [[Organization B:Organization]] under the Letter of Credit with respect to which any [[Organization C:Organization]] has made a Participation Advance to [[Organization B:Organization]], or # in payment of interest on such a payment made by [[Organization B:Organization]] under such a Letter of Credit, [[Organization B:Organization]] will pay to each [[Organization C:Organization]], in the same funds as those received by [[Organization B:Organization]], the amount of such [[Organization C:Organization]]'s Revolver A Commitment Percentage of such funds, except [[Organization B:Organization]] shall retain the amount of the Revolver A Commitment Percentage of such funds of any [[Organization C:Organization]] that did not make a Participation Advance in respect of such payment by [[Organization B:Organization]] (and, to the extent that any of the other [[Organization C:Organization]](s) have funded any portion of such Defaulting [[Organization C:Organization]]'s Participation Advance in accordance with the provisions of [Section 2.21], [[Organization B:Organization]] will pay over to such Non-Defaulting Lenders a pro rata portion of the funds so withheld from such Defaulting [[Organization C:Organization]]).
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