Facility C Commitment. Subject to all the terms and conditions of this Restated Loan Agreement and prior to the termination of its commitment as hereinafter provided, Bank hereby agrees to make loans (each a "Facility-C Loan") to Borrower in such amounts as Borrower shall request pursuant to this Section 1.C. at any time from the date hereof through September 7, 1999 (the "Facility-C Availability End Date"), in an aggregate principal amount not to exceed $750,000.00 (the "Facility-C Commitment"). If at any time or for any reason, the outstanding principal amount of the Facility-C Loan Account (as hereinafter defined) is greater than the Facility-C Commitment, Borrower shall immediately pay to Bank, in cash, the amount of such excess. Any commitment of Bank, pursuant to the terms of this Restated Loan Agreement, to make Facility-C Loans shall expire on the Facility-C Availability End Date, subject to Bank's right to renew said commitment in its sole and absolute discretion at Borrower's request. Any such renewal of said commitment shall not be bidding upon Bank unless it is in writing and signed by an officer of Bank. Facility-C Loans that are repaid by Borrower may not be reborrowed. Borrower promises to pay to Bank the outstanding unpaid principal balance (and all accrued unpaid interest thereon) of the Facility-C Loan Account on or before September 7, 2002 ("Facility-C Maturity Date").
Appears in 2 contracts
Sources: Loan Agreement (Extricity Inc), Loan Agreement (Extricity Inc)
Facility C Commitment. Subject to all the terms and conditions of this Restated Loan Agreement and prior to the termination of its commitment as hereinafter provided, Bank hereby agrees to make loans (each a "Facility-C Loan") to Borrower in such amounts as Borrower shall request pursuant to this Section 1.C. at any time from the date hereof through September 7, 1999 of closing of the Next Equity Round and six (6) months following thereafter (the "Facility-C Availability End Date"), in an aggregate principal amount not to exceed $750,000.00 100,000.00 (the "Facility-C Commitment"). If at any time or for any reason, the outstanding principal principle amount of the Facility-C Loan Account (as hereinafter defined) is greater than the Facility-C Commitment, Borrower shall immediately pay to Bank, in cash, the amount of such excess. Any commitment of Bank, pursuant to the terms of this Restated Loan Agreement, to make Facility-C Loans shall expire on the Facility-C Availability End Date, subject to Bank's right to renew said commitment in its sole and absolute discretion at Borrower's request. Any such renewal of said commitment shall not be bidding binding upon Bank unless it is in writing and signed by an officer of Bank. Facility-C Loans that which are repaid by Borrower may not be reborrowed. Borrower promises to pay to Bank the outstanding unpaid principal balance (and all accrued unpaid interest thereon) of the Facility-C Loan Account on or before September 7the date that is thirty (30) months from the date of closing the Next Equity Round, 2002 but in no event later than June 20, 2000 ("Facility-C Maturity Date").
Appears in 1 contract
Sources: Loan Agreement (Tut Systems Inc)