Commitment to Fund Sample Clauses

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Commitment to Fund. The Purchasers have furnished the Sellers with a letter from ▇▇▇▇▇▇-▇▇▇▇▇▇▇-Midland Company attached hereto as Annex 9.3.
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Commitment to Fund. 11 SECTION 2.2 REQUESTS FOR TRANCHES.................................... 11 SECTION 2.3
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Commitment to Fund. Subject to the terms and conditions hereof, Royal Gold shall disburse Tranches to Somita upon Somita's request during the Availability Period, up to the Maximum Amount. As consideration for the Funding, Somita shall deliver to Royal Gold the Somita Assignments. Notwithstanding anything contained herein to the contrary, in the event that Project Completion is achieved prior to disbursement of the total amount of the Funding to Somita, and provided that all conditions precedent to funding of a Tranche have been satisfied, Somita shall be entitled to request, on or before February 28, 2007, disbursement of the undisbursed amount of the Funding.
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Commitment to Fund. (a) In the event that the Company makes a Profit-Sharing Option Election with respect to any Licensed Product, the Lender agrees to lend to the Company, and the Company shall borrow, subject to and upon the terms and conditions set forth in this Section 3.1(a), twenty five percent (25%) of the Pre-Approval Development Expenses to be incurred during the Pre-Approval Development Period, which is the percentage of the Pre-Approval Development Expenses for which the Company is responsible pursuant to, and in accordance with, the terms of the Collaboration Agreement. Notwithstanding any provision in this Agreement to the contrary, if the Lender terminates the Collaboration Agreement under Section 12.6 thereof, the Lender shall no longer be obligated under this Article III to make any further Profit-Sharing Option Loans to the Company after the effective date of termination of the Collaboration Agreement. (b) On or before the fifteenth (15th) day prior to the first day of each calendar quarter following a Profit-Sharing Election and throughout the Pre-Approval Development Period, the Lender shall send to the Company a statement detailing (i) all of the Pre-Approval Development Expenses estimated to be incurred during such calendar quarter, (ii) the third-party vendors to whom payment of Pre-Approval Development Expenses are to be made during such calendar quarter and (iii) the estimated amount of the payment to be made to each such third party vendor. Upon receipt of such statement from the Lender, the Lender and the Company shall promptly (but in any event prior to the first day of such calendar quarter) mutually agree on (x) those of the third party vendors identified in such statement to whom the Lender shall make payment, (y) those of the third party vendors identified in such statement to whom the Company shall make payment (each a "Company Third Party Vendor"), provided that in no event shall the amount payable by the Company to all of such Company Third Party Vendors in the aggregate exceed the Company's twenty five percent (25%) portion of the Pre-Approval Development Expenses identified in such statement. On the first day of such calendar quarter, the Lender shall advance to the Company, in immediately available funds, an amount equal, in the aggregate, to the Company's twenty five percent (25%) portion of the Pre-Approval Development Expenses identified in such statement. Upon receipt of such amount by the Company, the Company shall make payment to eac...
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Commitment to Fund. Charley's Fund and ▇▇▇▇ ▇▇▇▇▇ Foundation hereby agree to fund the Sponsor with sufficient funds to comply with its obligations under this Agreement, including its obligations to make payments under Section 3 hereof. Charley's Fund and ▇▇▇▇ ▇▇▇▇▇ Foundation shall be jointly and severally liable to CombinatoRx for failure to comply with this Section 10.8.
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Commitment to Fund. Within ten (10) Business Days after approval by the JSC of an annual R&D Plan budget for a particular Research and Development Program, each of the Parties shall provide a written notice to the other Party setting forth what fraction of the Research and Development Costs specified in such annual budget it agrees to fund, if any, up to its then current Share of Net Profits and Losses with respect to such Research and Development Program. Such notice shall constitute a binding commitment by the providing Party to fund such amount of the Research and Development Costs of each such Research and Development Program during the applicable period; provided, that, if, as a result of such funding commitment, a Party’s Share of Net Profits and Losses with respect to the particular R&D Plan budget falls below […***…] percent ([…***…]%) but remains above […***…] percent ([…***…]%), then such Party shall be deemed to have reserved its rights under Section 5.4.5(b).
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Commitment to Fund. On the terms and subject to the conditions of this Agreement, including the conditions precedent set forth in Sections 3 and 4 hereof, the Majestic Parties, jointly and severally, agree to pay to the Trust an aggregate amount not to exceed $1,270,000 (the “Maximum Funding Amount”), or so much thereof as may be funded hereunder, inclusive of the following funding sublimits: (a) an aggregate amount of up to $100,000 to be used solely to pay for costs and expenses of the Trust and Liquidating Trustee, as allowed by and in accordance with Section 5.09 of the Liquidating Trust Agreement (the “Trust Expense Payments”); (b) an aggregate amount of up to $550,000 to be used solely to pay for costs and expenses associated with or due to environmental or remediation liabilities or obligations pertaining to the Land (the “Remediation Expense Payments”); (c) an aggregate amount of up to $350,000 to be used solely to pay for real property taxes imposed on the Land or in respect of the Land (the “Tax Payments”); (d) an aggregate amount of up to $20,000 to be used solely to pay for D&O liability insurance premium payments under Section 4.13 of the Liquidating Trust Agreement (the “Insurance Payments”); and (e) an aggregate amount of up to $250,000 to be used, in the Liquidating Trustee’s reasonable discretion, to pay for costs and expenses associated with maintenance of the Land and the prevention of future additional environmental liability on the Land (the “Discretionary Maintenance Payments” and collectively with the Trust Expense Payments, the Remediation Expense Payments and the Tax Payments, the “Funding Payments” and each is referred to herein as a “Funding Payment”); in each case as such Funding Payment becomes due and payable (or is reasonably expected to become due and owing within the sixty (60) day period of such Funding Notice and Certificate, as hereinafter defined).
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Commitment to Fund 
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Related to Commitment to Fund

  • Commitment to Lend (a) Subject to the terms and conditions set forth in this Credit Agreement, each of the Lenders severally agrees to lend to the Borrower and the Borrower may borrow, repay, and reborrow from time to time from the Closing Date up to but not including the Revolving Credit Loan Maturity Date upon notice by the Borrower to the Administrative Agent given in accordance with Section 2.6, such sums as are requested by the Borrower up to a maximum aggregate amount outstanding (after giving effect to all amounts requested) at any one time equal to such Lender's Commitment minus such Lender's Commitment Percentage of the sum of the Maximum Drawing Amount and all Unpaid Reimbursement Obligations, provided that the sum of the outstanding amount of the Revolving Credit Loans (after giving effect to all amounts requested), including the Swing Line Loans, plus the Maximum Drawing Amount and all Unpaid Reimbursement Obligations shall not at any time exceed the Total Commitment at such time. The Revolving Credit Loans shall be made pro rata in accordance with each Lender's Commitment Percentage. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower that the conditions set forth in Section 11 and Section 12, in the case of the initial Revolving Credit Loans to be made on the Closing Date, and Section 12, in the case of all other Revolving Credit Loans, have been satisfied on the date of such request.

  • Investment Commitment The undersigned's overall commitment to investments which are not readily marketable is not disproportionate to the undersigned's net worth, and an investment in the Shares will not cause such overall commitment to become excessive.

  • Loan Commitment Disbursement to Borrower Except as expressly and specifically set forth herein, Lender has no obligation or other commitment to loan any funds to Borrower or otherwise make disbursements to Borrower. Borrower hereby waives any right Borrower may have to make any claim to the contrary.

  • Revolving Loan Commitment Each Lender with a Revolving Loan Commitment agrees to make loans on a revolving basis (“Revolving Loans”) from time to time until the Termination Date in such Lender’s Pro Rata Share of such aggregate amounts as the Company may request from all Lenders; provided that the Revolving Outstandings will not at any time exceed Revolving Loan Availability.

  • Swing Loan Commitment (a) Subject to the terms and conditions set forth in this Agreement, Swing Loan Lender agrees to lend to the Borrower (the “Swing Loans”), and the Borrower may borrow (and repay and reborrow) from time to time between the Closing Date and the date which is five (5) Business Days prior to the Maturity Date upon notice by the Borrower to the Swing Loan Lender given in accordance with this §2.5, such sums as are requested by the Borrower for the purposes set forth in §2.9 in an aggregate principal amount at any one time outstanding not exceeding the Swing Loan Commitment; provided that in all events (i) no Default or Event of Default shall have occurred and be continuing; and (ii) the outstanding principal amount of the Revolving Credit Loans and Swing Loans (after giving effect to all amounts requested) plus Letter of Credit Liabilities shall not at any time exceed the lesser of (A) the Total Commitment or (B) the Borrowing Base Availability, or cause a violation of the covenants set forth in §9.1, §9.9 or §9.10. Notwithstanding anything to the contrary contained in this §2.5, the Swing Loan Lender shall not be obligated to make any Swing Loan at a time when any other Lender is a Defaulting Lender, unless the Swing Loan Lender is satisfied that the participation therein will otherwise be fully allocated to the Lenders that are Non-Defaulting Lenders consistent with §2.13(c) and the Defaulting Lender shall not participate therein, except to the extent the Swing Loan Lender has entered into arrangements with the Borrower or such Defaulting Lender that are satisfactory to the Swing Loan Lender in its good faith determination to eliminate the Swing Loan Lender’s Fronting Exposure with respect to any such Defaulting Lender, including the delivery of cash collateral. Swing Loans shall constitute “Revolving Credit Loans” for all purposes hereunder. The funding of a Swing Loan hereunder shall constitute a representation and warranty by the Borrower that all of the conditions set forth in §10 and §11 have been satisfied on the date of such funding. The Swing Loan Lender may assume that the conditions in §10 and §11 have been satisfied unless Swing Loan Lender has received written notice from a Lender that such conditions have not been satisfied. Each Swing Loan shall be due and payable within three (3) Business Days of the date such Swing Loan was provided and the Borrower hereby agrees (to the extent not repaid as contemplated by §2.5(d) below) to repay each Swing Loan on or before the date that is three (3) Business Days from the date such Swing Loan was provided. A Swing Loan may not be refinanced with another Swing Loan. (b) The Swing Loans shall be evidenced by a separate promissory note of the Borrower in substantially the form of Exhibit B hereto (the “Swing Note”), dated the date of this Agreement and completed with appropriate insertions. The Swing Loan Note shall be payable to the order of the Swing Loan Lender in the principal face amount equal to the Swing Loan Commitment and shall be payable as set forth below. The Borrower irrevocably authorizes the Swing Loan Lender to make or cause to be made, at or about the time of the Drawdown Date of any Swing Loan or at the time of receipt of any payment of principal thereof, an appropriate notation on the Swing Loan Lender’s Record reflecting the making of such Swing Loan or (as the case may be) the receipt of such payment. The outstanding amount of the Swing Loans set forth on the Swing Loan Lender’s Record shall be prima facie evidence of the principal amount thereof owing and unpaid to the Swing Loan Lender, but the failure to record, or any error in so recording, any such amount on the Swing Loan Lender’s Record shall not limit or otherwise affect the obligations of the Borrower hereunder or under the Swing Loan Note to make payments of principal of or interest on any Swing Loan Note when due. (c) The Borrower shall request a Swing Loan by delivering to the Swing Loan Lender a Loan Request executed by an Authorized Officer no later than 11:00 a.m. (Cleveland time) on the requested Drawdown Date specifying the amount of the requested Swing Loan (which shall be in the minimum amount of $1,000,000.00) and providing the wire instructions for the delivery of the Swing Loan proceeds. The Loan Request shall also contain the statements and certifications required by §2.7(i) and (ii). Each such Loan Request shall be irrevocable and binding on the Borrower and shall obligate the Borrower to accept such Swing Loan on the Drawdown Date. Notwithstanding anything herein to the contrary, a Swing Loan shall be a Base Rate Loan and shall bear interest at the Base Rate plus the Applicable Margin. The proceeds of the Swing Loan will be disbursed by wire by the Swing Loan Lender to the Borrower no later than 1:00 p.m. (Cleveland time). (d) The Swing Loan Lender shall, within two (2) Business Days after the Drawdown Date with respect to such Swing Loan, request each Lender, including the Swing Loan Lender, to make a Revolving Credit Loan pursuant to §2.1 in an amount equal to such Lender’s Commitment Percentage of the amount of the Swing Loan outstanding on the date such notice is given. In the event that the Borrower does not notify the Agent in writing otherwise on or before noon (Cleveland Time) on the Business Day of the Drawdown Date with respect to such Swing Loan, Agent shall notify the Lenders that such Loan shall be a LIBOR Rate Loan with an Interest Period of one (1) month, provided that the making of such LIBOR Rate Loan will not be in contravention of any other provision of this Agreement, or if the making of a 1. Unless any of the events described in paragraph (h), (i) or (j) of §12.1 shall have occurred (in which event the procedures of §2.5(e) shall apply), each Lender shall make the proceeds of its Revolving Credit Loan available to the Swing Loan Lender for the account of the Swing Loan Lender at the Agent’s Head Office prior to 12:00 noon (Cleveland time) in funds immediately available no later than the third (3rd) Business Day after the date such notice is given just as if the Lenders were funding directly to the Borrower, so that thereafter such Obligations shall be evidenced by the Revolving Credit Notes. The proceeds of such Revolving Credit Loan shall be immediately applied to repay the Swing Loans. (e) If for any reason a Swing Loan cannot be refinanced by a Revolving Credit Loan pursuant to §2.5(d), each Lender will, on the date such Revolving Credit Loan pursuant to §2.5(d) was to have been made, purchase an undivided participation interest in the Swing Loan in an amount equal to its Commitment Percentage of such Swing Loan. Each Lender will immediately transfer to the Swing Loan Lender in immediately available funds the amount of its participation and upon receipt thereof the Swing Loan Lender will deliver to such Lender a Swing Loan participation certificate dated the date of receipt of such funds and in such amount. (f) Whenever at any time after the Swing Loan Lender has received from any Lender such Lender’s participation interest in a Swing Loan, the Swing Loan Lender receives any payment on account thereof, the Swing Loan Lender will distribute to such Lender its participation interest in such amount (appropriately adjusted in the case of interest payments to reflect the period of time during which such Lender’s participating interest was outstanding and funded); provided, however, that in the event that such payment received by the Swing Loan Lender is required to be returned, such Lender will return to the Swing Loan Lender any portion thereof previously distributed by the Swing Loan Lender to it. (g) Each Lender’s obligation to fund a Loan as provided in §2.5(d) or to purchase participation interests pursuant to §2.5(e) shall be absolute and unconditional and shall not be affected by any circumstance, including, without limitation, (i) any setoff, counterclaim, recoupment, defense or other right which such Lender or the Borrower may have against the Swing Loan Lender, the Borrower or anyone else for any reason whatsoever; (ii) the occurrence or continuance of a Default or an Event of Default; (iii) any adverse change in the condition (financial or otherwise) of REIT, the Borrower or any of their respective Subsidiaries; (iv) any breach of this Agreement or any of the other Loan Documents by the Borrower or any Guarantor or any Lender; or (v) any other circumstance, happening or event whatsoever, whether or not similar to any of the foregoing. Any portions of a Swing Loan not so purchased or converted may be treated by the Agent and Swing Loan Lender as against such Lender as a Revolving Credit Loan which was not funded by the non-purchasing Lender, thereby making such Lender a Defaulting Lender. Each Swing Loan, once so sold or converted, shall cease to be a Swing Loan for the purposes of this Agreement, but shall be a Revolving Credit Loan made by each Lender under its Commitment.