Other Loan Documents. This Note is secured, inter alia, by that certain Mortgage, Security Agreement and Fixture Filing of even date herewith from the Borrower in favor of the Lender, covering certain property more particularly described therein. This Note is referred to in, and is entitled to the benefits of, the Loan Agreement and other Loan Documents, including the representations, warranties, covenants, conditions, security interests and liens contained or granted therein. The Loan Agreement, among other things, provides for the making of the Loan by the Lender to the Borrower from time to time in an aggregate amount not to exceed at any time outstanding the Dollar amount first above mentioned, contains provisions for acceleration of the maturity hereof upon the happening of certain stated events and also provides for prepayments, in certain circumstances, on account of principal hereof prior to maturity upon the terms and conditions therein specified.
Existing Loan Documents. The Loan Parties hereby acknowledge, confirm and agree that: # the Existing Loan Documents have been duly executed and delivered by the Loan Parties and are in full force and effect as of the date hereof and # the agreements and obligations of the Loan Parties contained in the Existing Loan Documents constitute the legal, valid and binding obligations of the Loan Parties enforceable against the Loan Parties in accordance with their respective terms, and the Loan Parties have no valid defense to the enforcement of such obligations and # Agent on behalf of the Credit Parties is entitled to all of the rights and remedies provided for in favor of Agent (in its capacity as agent under the Existing Credit Agreement) and the Existing Lender in the Existing Loan Documents, as amended and restated
C-PACE Loan. The C-PACE Loan shall have been funded to Wilmington Trust, as bond trustee.
Loan In Balance. Notwithstanding anything else herein to the contrary, shall not be required to make any Additional Advance if any Shortfall exists.
Perform Loan Documents. shall observe, perform and satisfy all the terms, provisions, covenants and conditions of, and shall pay when due all costs, fees and expenses to the extent required under the Loan Documents executed and delivered by, or applicable to, .
Term Loan Commitments. Subject only to the conditions set forth in [Section 4.01], each with an Initial Term Loan Commitment severally agrees to make to the on the Closing Date a term loan denominated in Dollars equal to such ’s Initial Term Loan Commitment (the “Initial Term Loans”; provided that any Delayed Draw Term Loans that are funded hereunder shall also be deemed to constitute Initial Term Loans following such funding). Initial Term Loans may be Base Rate Loans or Eurocurrency Rate Loans, as further provided herein. At any time and from time to time during the Delayed Draw Commitment Period, subject to the terms and conditions set forth in [Section 4.03] hereof, each with a Delayed Draw Commitment severally agrees to make to the on the applicable Delayed Draw Closing Date a Term Loan denominated in Dollars in an aggregate amount requested by the but not exceeding such ’s unfunded Delayed Draw Commitment as of such date immediately prior to giving effect to such Borrowing (the “Delayed Draw Term Loans”); provided that the aggregate principal amount of all such Borrowings of Delayed Draw Term Loans shall not exceed the aggregate amount of the Delayed Draw Commitments as of the Closing Date. Amounts borrowed under this Section 2.01(a) and repaid or prepaid may not be reborrowed. Initial Term Loans and Delayed Draw Term Loans may be Base Rate Loans (in the case of Term Loans denominated in Dollars) or Eurocurrency Rate Loans, as further provided herein; provided that Delayed Draw Term Loans will initially be of the same Type and will have the same Interest Period as the Term Loans outstanding immediately prior to the Borrowing of such Delayed Draw Term Loans. To the extent practicable, the Initial Term Loans and Delayed Draw Term Loans will be treated as the same Class (i.e., “fungible”) and will have the same CUSIP.
Revolving Loan Commitment. During the Revolving Commitment Period, subject to the terms and conditions hereof, each severally agrees to make revolving loans to the from time to time on any Business Day in Dollars and/or any Alternative Currency (“Revolving Loans”) in an aggregate amount (expressed in the Dollar Amount thereof in the case of an Alternative Currency) up to but not exceeding such ’s Revolving Commitment; provided, that after giving effect to the making of any Revolving Loans in no event shall the Total Utilization of Revolving Commitments exceed the Revolving Commitments then in effect. Amounts borrowed pursuant to this Section 2.02(a) may be repaid and reborrowed during the Revolving Commitment Period. Each ’s Revolving Commitment shall expire on the Revolving Commitment Termination Date, and all Revolving Loans and all other amounts owed hereunder with respect to the Revolving Loans and the Revolving Commitments shall be paid in full no later than such date.
Swing Line Loan. Subject to the terms and conditions set forth herein, the Swing Line , in reliance on the agreements of the Revolving Lenders set forth in this Section 2.03, agrees to make Swing Line Loans in Dollars to the from time to time on any Business Day during the Revolving Commitment Period, in an aggregate principal amount not to exceed at any time outstanding the amount of the Swing Line Sublimit; provided that, after giving effect to any Swing Line Loan, # the Total Utilization of Revolving Commitments shall not exceed the Revolving Commitments, # the Total Utilization of Revolving Commitments of any Revolving , shall not exceed such ’s Revolving Commitment and # the aggregate principal amount outstanding of all Swing Line Loans shall not exceed the Swing Line Sublimit; provided, further, that the Swing Line shall not be required to make a Swing Line Loan to refinance an outstanding Swing Line Loan. Within the foregoing limits and subject to the terms and conditions set forth herein, the may borrow, prepay and reborrow Swing Line Loans. Immediately upon the making of a Swing Line Loan by the Swing Line , each Revolving shall be deemed to, and hereby irrevocably and unconditionally agrees to, purchase from the Swing Line a participation in such Swing Line Loan in an amount equal to such Revolving ’s Pro Rata Share of the amount of such Swing Line Loan.
Revolving Loan Repayments. The shall from time to time prepay first, the Swing Line Loans and second, the Revolving Loans to the extent necessary so that the Total Utilization of Revolving Commitments shall not at any time exceed the Revolving Commitments then in effect; provided that, to the extent such excess amount is greater than the aggregate principal dollar amount of Swing Line Loans and Revolving Loans outstanding immediately prior to the application of such prepayment, the amount so prepaid shall be retained by the Administrative and held in the Cash Collateral Account as cover for Letter of Credit Usage, as more particularly described in [Section 2.04(l)], and thereupon such cash shall be deemed to reduce the aggregate Letter of Credit Usage by an equivalent amount.
Term Loan Payment. Notwithstanding the provisions of Section 2.8(a) of the Credit Agreement and 5.8 of the Prior Forbearance Agreement, the scheduled principal payments of $250,000 on the Term Loans # previously payable upon the expiration of the "Forbearance Period" (as defined in the Prior Forbearance Agreement) pursuant to [Section 5.8] of the Prior Forbearance Agreement, # previously payable on September 30, 2017 and # otherwise payable on December 31, 2017 will instead be due and payable on the date that the Forbearance Period terminates or expires.
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