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]]).
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:
Interest on the Advances. Subject to [Section 3.01(h)], all outstanding Line Advances shall bear interest (from and including the date on which such Line Advance is made to but excluding the Maturity Date or, if earlier, the date on which such Line Advance is repaid) at a per annum rate equal to the applicable Reference Rate for each Calculation Period, as applicable, in effect plus the Applicable Margin for Advances set forth on the Transaction Schedule; provided that, following the occurrence and during the continuance of an Event of Default under [clause (a), (d), (e) or (m) of Article VII], all outstanding Advances and any unpaid interest thereon shall bear interest (from and including the date of such Event of Default to but excluding the Maturity Date or, if earlier, the date on which such Advance is repaid) at a per annum rate equal to the Reference Rate for each Calculation Period, as applicable, in effect plus the Adjusted Applicable Margin.
Evidence of the Advances. Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Company to such Lender resulting from each Advance made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder and the applicable currency thereof. The Administrative Agent, acting solely for this purpose as an agent of the Company, shall maintain at one of its offices a register (the “Register”) in which it shall record # the amount of each Advance made hereunder, # the amount of any principal or interest due and payable or to become due and payable from the Company to each Lender hereunder and # the amount of any sum received by the Administrative Agent hereunder for the account of the Lenders and each Lender’s share thereof. The entries made in the Register maintained pursuant to this paragraph # shall be conclusive absent manifest error; provided that
Types of Ratable Advances. The Ratable Advances may be Floating Rate Advances or Eurocurrency Ratable Advances, or a combination thereof, selected by the Company in accordance with [Section 2.3.3].
Failure to Make Advances. The failure of any [[Organization B:Organization]] to make the Advance to be made by it on the date specified in [Section 2.03(d)] shall not relieve any other [[Organization B:Organization]] of its obligation hereunder to make its Advance on such date, but no [[Organization B:Organization]] shall be responsible for the failure of any other [[Organization B:Organization]] to make the Advance to be made by such other [[Organization B:Organization]] on such date.
"Advances" shall mean and include all advances hereunder in respect of the Revolving Advances, the Acceptances, the Letters of Credit and the Swing Loans.
“Borrowing” means a borrowing hereunder consisting of Revolver Advances made to the Borrower at the same time by all of the Lenders pursuant to Article II. “ABR Borrowing” means a Borrowing if such Advances are ABR Advances. “Euro-Dollar Borrowing” means a Borrowing if such Advances are Euro-Dollar Advances.
As used herein, the term Guarantor Claims shall mean all debts and liabilities of the Borrower or any Subsidiary of the Borrower to any Guarantor, whether such debts and liabilities now exist or are hereafter incurred or arise, or whether the obligation of the Borrower or such Subsidiary thereon be direct, contingent, primary, secondary, several, joint and several, or otherwise, and irrespective of whether such debts or liabilities be evidenced by note, contract, open account, or otherwise, and irrespective of the Person or Persons in whose favor such debts or liabilities may, at their inception, have been, or may hereafter be created, or the manner in which they have been or may hereafter be acquired by any Guarantor. The Guarantor Claims shall include without limitation all rights and claims of any Guarantor against the Borrower or any Subsidiary of the Borrower arising as a result of subrogation or otherwise as a result of such Guarantors payment of all or a portion of the Obligations.
Rate Options for all Advances; Maximum Interest Periods. The Revolving Loans and Term Loans may be Floating Rate Advances or Eurocurrency Rate Advances, or a combination thereof, selected by (on behalf of itself or the Subsidiary Borrower) in accordance with Sections 2.7 and 2.9. may select, in accordance with Sections 2.7 and 2.9, Rate Options and Interest Periods applicable to portions of the Revolving Loans and Term Loans; provided, that there shall be no more than eight (8) Interest Periods in effect with respect to all of the Loans at any time; provided, further, that # all Floating Rate Advances and all Term Loans to hereunder shall be denominated in Dollars and # all Revolving Loans to the Subsidiary Borrower shall be Eurocurrency Rate Advances.
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