Facility A Advances Clause Samples
The 'Facility A Advances' clause defines the terms and conditions under which funds can be drawn or advanced from Facility A, a specific credit line or loan facility provided by a lender. It typically outlines the process for requesting advances, any limits on the amount or frequency of advances, and the requirements that must be met before funds are disbursed, such as providing certain documentation or meeting financial covenants. This clause ensures that both the borrower and lender have a clear understanding of how and when funds can be accessed, thereby facilitating smooth operation of the credit facility and reducing the risk of disputes over fund availability.
Facility A Advances. Each Lender severally agrees, upon the terms and ------------------- subject to the conditions of this Agreement, to make Facility A Advances to the Borrower from time to time until the Facility A Maturity Date in an aggregate amount not to exceed its Specified Percentage of the Facility A Commitment less its Specified Percentage of the aggregate amount of all Reimbursement Obligations then outstanding (assuming compliance with all conditions to drawing), for the purposes set forth in Section 5.8(a) hereof. Subject to -------------- Section 2.9 hereof, Facility A Advances may be repaid and then reborrowed. ----------- Notwithstanding any provision in any Loan Document to the contrary, in no event shall the principal amount of all outstanding Facility A Advances exceed the result of (A) Facility A Commitment, minus (B) the aggregate outstanding Reimbursement Obligations and Swing Line Advances.
Facility A Advances. Each Lender agrees, for itself only, subject to the terms and conditions of this Agreement, to make Facility A Loans and to participate in Letter of Credit Advances under Facility A pursuant to Section 2.4 and Section 3.3 from time to time to but excluding Termination Date A, not to exceed in aggregate principal amount at any time outstanding the amount determined pursuant to Section 2.1(e).
Facility A Advances. The Pro Rata Share of any Lender of the Facility A Loan shall not at any time exceed such Lender's Facility A Commitment. The obligations of each Lender hereunder shall be several and not joint. Until the Facility A Commitment Termination Date, Borrowers may from time to time borrow, repay and reborrow under this Section 2.1.
Facility A Advances. Each Facility A Advance hereunder (other than any Swing Loans or any Facility A Competitive Bid Advances) shall consist of borrowings made from the several Lenders in accordance with their respective Facility A Commitments. The Facility A Advances (other than any Swing Loans and other than any Facility A Competitive Bid Advances) shall be evidenced by the Facility Notes. The Swing Loans shall be evidenced by the Swing Loan Note.
Facility A Advances. Subject to the terms and conditions hereof, each Lender agrees to make advances to Borrower (herein called such Lender's "Facility A Advances") upon request from time to time during the Facility A Commitment Period so long as (a) each Facility A Advance by such Lender does not exceed such Lender's Facility A Percentage Share of the aggregate amount of Facility A Advances then requested from all Lenders, (b) the sum of (i) the aggregate amount of such Lender's Facility A Advances outstanding at any time, plus (ii) the Maximum Drawing Amount for which such Lender is liable to purchase participations under Section 2A.3(c), plus (iii) the Matured LC 58704 08037 CORP 133021 5 Obligations which have been funded by such Lender under such section, does not exceed such Lender's Facility A Percentage Share of the Borrowing Base determined as of the date on which the requested Facility A Advance is to be made, and (c) the aggregate amount of all Facility A Advances plus all LC Obligations does not exceed the Borrowing Base. The aggregate amount of all Facility A Advances requested of all Lenders in any Request for Advance must be greater than or equal to $100,000 or must equal the unadvanced portion of the Borrowing Base. The obligation of Borrower to repay to each Lender the aggregate amount of all Facility A Advances made by such Lender (herein called such Lender's "Facility A Loan"), together with interest accruing in connection therewith, shall be evidenced by a single promissory note (herein called such Lender's "Facility A Note") made by Borrower payable to the order of each such Lender in the form of Exhibit A-1 with appropriate insertions. For the convenience of the parties hereto, the aggregate face amount of the Facility A Notes exceeds the Borrowing Base as of the date hereof. Notwithstanding the larger aggregate face amount of the Facility A Notes, no additional commitment to advance funds beyond the amount of the Borrowing Base is intended by or should be implied from the aggregate face amount of the Facility A Notes. The amount of principal owing on any Lender's Facility A Note at any given time shall be the aggregate amount of all Facility A Advances theretofore made by such Lender minus all payments of principal theretofore received by such Lender on such Facility A Note. Interest on each Facility A Note shall accrue and be due and payable as provided herein and therein. Subject to the terms and conditions hereof, Borrower may borrow, repay, and rebor...
Facility A Advances. In addition to the applicable conditions stated in Section 7.1 and Section 7.2, the obligation of Lender to make each Facility A Advance is conditioned on each of the following having been satisfied in a manner acceptable to Lender, in Lender's sole discretion, on and as of the date of such Advance:
(a) Lender shall have received from Borrower a Facility A Advance Request, together with the related Borrowing Base Certificate.
(b) The principal amount outstanding under Facility A, together with the amount of such Advance, shall not exceed the Facility A Borrowing Base.
Facility A Advances. The Borrower may select an Interest Period for a Facility A Advance made before the Conversion Date in its notice of borrowing. After the Conversion Date the Borrower must notify the Agent of the duration of each Interest Period by no later than 10.00 a.m. on the third Business Day before the last day of each previous Interest Period.
Facility A Advances. In addition to the applicable conditions stated in Section 6.1 and Section 6.2, the obligation of Lender to make each Facility A Advance is conditioned on each of the following having been satisfied in a manner acceptable to Lender, in Lender's sole and absolute discretion, on and as of the date of such Advance:
(a) Lender shall have received from Borrower a Request for the Facility A Advance, together with the related Borrowing Base Certificate.
(b) The principal amount outstanding under Facility A, together with the amount of such Advance, shall not exceed the Facility A Borrowing Base.
(c) Borrower shall have paid for all costs and expenses relating to Lender's most recent semi-annual audit of the collateral described in Section 5.1, and the collateral securing Facility A shall be acceptable to Lender in its sole and absolute discretion acting commercially reasonable.
Facility A Advances. Subject to the terms and conditions herein, the Lender agrees to make Facility A Advances to the Borrower, from time to time on any Business Day from the Closing Date and prior to the Facility A Maturity Date, in an aggregate principal amount outstanding at any time not to exceed the Facility A Amount as such Facility A Amount may be reduced from time to time in accordance with the provisions of this Agreement; PROVIDED, HOWEVER, that the aggregate principal amount of Facility A Advances outstanding at any time shall not exceed the lesser of (i) the Facility A Amount then in effect, less the Letter of Credit Usage then outstanding, and (ii) the Borrowing Base then in effect less the Letter of Credit Usage then outstanding. Within the foregoing limits, the Borrower may borrow, repay and reborrow Facility A Advances.
Facility A Advances. The Company will be limited to one Facility A Advance per calendar quarter. The Company will give ABRY and ABRY/CIP not less than fifteen (15) business days' prior written notice in advance of the date on which any Facility A Advance is to be made, specifying the amount of the Facility A Advance requested, the purpose thereof, the date on which the Facility A Advance is requested to be made, and if the advance is to be made on or after January 1, 1998, the proposed Note Conversion Price with respect to the Facility A Advance.