Requests for Advance Clause Samples

Requests for Advance. Borrower may request an Advance under this Section 3.A upon the delivery to Bank of a request for advance in form acceptable to Bank executed by authorized officers of Borrower, subject to the following: (a) on the proposed date of such Advance, after giving effect to all Advances, the principal amount of such Advance, plus the sum of the amount of all other outstanding Advances under this Section 3.A, shall not exceed the then applicable Capex Credit Commitment; (b) a Request for Advance, once delivered to Bank, shall not be revocable by the Borrower; (c) each request for advance shall constitute a certification by Borrower, as of the date thereof: (i) both before and after such Advance, the obligations of the Loan Parties set forth in this Agreement and the other Loan Documents to which such Persons are parties are valid, binding and enforceable obligations of such Persons; (ii) all conditions to Advances have been satisfied, and shall remain satisfied to the date of such Advance (both before and after giving effect to such Advance); (iii) there is no Default or Event of Default in existence, and none will exist upon the making of such Advance (both before and after giving effect to such Advance); (iv) the representations and warranties contained in this Agreement and the other Loan Documents are true and correct in all material respects and shall be true and correct in all material respects as of the making of such Advance (both before and after giving effect to such Advance), other than any representation or warranty that expressly speaks only as of a different date; and (v) the execution of such request for Advance will not violate the material terms and conditions of any material contract, agreement or other borrowing of any Loan Party. Bank may, at its option, lend under this Section 3.A upon the telephone or email request of an authorized officer of the Borrower and, in the event Bank makes any such Advance upon a telephone or email request, the requesting authorized officer shall, if so requested by Bank, fax to Bank, on the same day as such telephone or email request, a request for Advance in the form acceptable to Bank. Borrower hereby authorizes Bank to disburse Advances under this Section 3.A pursuant to the telephone or email instructions of any person(s) purporting to be an authorized officer of the Borrower and the Borrower shall bear all risk of loss resulting from disbursements made upon any telephone or email request. Each telephone or e...

Requests for Advance. Each request for a Loan or the conversion or renewal of an interest rate with respect to a Loan shall be made not later than 11:00 a.m. on a Business Day by delivery to the Administrative Agent of a written request signed by the Borrowers or, in the alternative, a telephone request followed promptly by written confirmation of the request (a "Request for Advance"), specifying the date and amount of the Loan to be made, converted or renewed, selecting the interest rate option applicable thereto, and in the case of a LIBO Rate Loan, specifying the Interest Period applicable to such Loan. The form of request to be used in connection with the making, conversion or renewal of Loans shall be that form provided to the Borrowers by the Administrative Agent. Each request shall be received on the same Business Day of the date of the proposed borrowing, conversion or renewal in the case of Base Rate Loans and three London Business Days prior to the date of the proposed borrowing, conversion or renewal in the case of LIBO Rate Loans. No request shall be effective until actually received in writing by the Administrative Agent. Any request may be made by submission of such request by facsimile transmission with the signed original being promptly transmitted to the Administrative Agent. The Administrative Agent shall be entitled to rely on a facsimile of the signed original as fully as if it had received the signed original.

Requests for Advance. (A) Whenever Borrower desires to incur a Credit Line Advance hereunder, it shall first provide Lender with sufficient notice (a “Proposed Credit Line Advance Notice”) and time to conduct and/or require, at Borrower’s expense, due diligence of any kind as Lender reasonably requires on any Credit Line Asset which Borrower contemplates including in a Request for Advance as a Credit Line Asset to be financed by a Credit Line Advance and in which a lien will be granted to Lender as collateral for the Loan. Upon completion (or earlier if agreed to by Lender in its sole discretion) of any and all due diligence and Lender’s agreement to finance a Credit Line Asset subject to the due diligence review, Borrower shall then deliver to the Lender (i) a Request for Advance substantially in the form of Exhibit E (the “Request for Advance”) and (ii) any other information requested by Lender not later than 10:00 a.m. (New York City time) on the third (3rd) Business Day prior to the proposed date of such Credit Line Advance (the “Credit Line Advance Request Deadline”). Each Request for Advance: (A) shall be appropriately completed to specify the aggregate principal amount of the Credit Line Advance to be made and the proposed date of such Credit Line Advance (which shall be a Business Day); and (B) the calculation for determining the amount requested in such Request for Advance, including the Credit Line Asset Purchase Price for each Credit Line Asset, as applicable and the Credit Line Advance Rate and verification that amount of the requested Credit Line Advance plus the Credit Line Principal Amount does not violate this Section 2.2. The Borrower may withdraw any Proposed Credit Line Advance Notice or Request for Advance at any time prior to the Credit Line Advance being made. (B) In no event shall Lender make any Credit Line Advance unless (i) Lender shall have received prior to the applicable Credit Line Advance Request Deadline evidence reasonably satisfactory to Lender in all respects that it shall have a first priority lien on the Credit Line Asset to be financed by a Credit Line Advance upon the funding of the Credit Line Advance, (ii) Lender shall have completed its due diligence and be reasonably satisfied with the results thereof, (iii) all conditions set forth in Section III have been and continue to be satisfied in all material respects, and (iv) all representations and warranties set forth in Section IV are true, accurate and complete in all material respects. ...

Requests for Advance. Each request for a Loan shall be made not later than 2:00 p.m. on a Business Day by delivery to the Bank of a written request signed by ▇▇▇▇▇▇ or in the alternative a telephone request followed promptly by written confirmation of the request. No request shall be effective until actually received in writing by the Bank. ▇▇▇▇▇▇ may not request more than three advances per week. A request for Revolving Credit Loans or a conversion or renewal shall be delivered to the Bank (A) at least one Business Day, in the case of Base Rate Loans and (B) three London Business Days, in the case of LIBO Rate Loans, prior to the date on which such Loan is desired. The request shall state (i) the date of such Borrowing, conversion or renewal, which shall be a Business Day or, in the case of LIBO Rate Loans, a London Business Day, (ii) the amount of such Borrowing, conversion or renewal, (iii) whether the Loans comprising such Borrowing are to be Base Rate Loans or LIBO Rate Loans and (iv) in the case of LIBO Rate Loans, the duration of the Interest Period applicable thereto. Each request for advance shall be for Loans at a single interest rate option.

Requests for Advance. B▇▇▇▇▇▇▇ may request Advances by delivery to Agent of a Request for Advance, executed by an authorized officer of Borrower and subject to the following: (a) each such Request for Advance shall set forth all other information required on the Request for Advance form; (b) each such Request for Advance shall be delivered to Agent by 12:00 a.m. (Detroit time) three (3) Business Days prior to the proposed date of Advance, except in the case of a Prime-based Advance, for which the Request for Advance must be delivered by 11:00 a.m. (Detroit time) on such proposed date; (c) the principal amount of such Advance, plus the amount of any outstanding Advance under the same Notes having the same Applicable Interest Rate and Interest Period shall be at least: (i) in the case of a Prime-based Advance, One Hundred Thousand Dollars ($100,000), or a greater integral multiple of One Hundred Thousand Dollars ($100,000); and (ii) in the case of a Eurodollar-based Advance, Five Hundred Thousand Dollars ($500,000) or a greater integral multiple of One Hundred Thousand Dollars ($100,000); (d) a Request for Advance, once delivered to Agent, shall not be revocable by Borrower; (e) upon the making of the Advance (i) there shall be no more than five (5) Eurodollar-based Advances in effect and (ii) the Usage shall not exceed the amount of the Utilized Commitment; and (f) each Request for Advance shall constitute a certification by the Borrower as of the date thereof that all of the conditions set forth in Section 7 hereof are satisfied as of the date of such request and shall be satisfied as of the date such Advance is requested;

Requests for Advance. To receive an Advance the Borrower shall submit to the Bank, by facsimile transmission with the original to follow by mail, a Request for Advance signed by the Borrower and the Guarantor. Requests for Advance shall be for an amount of not less than $100,000.00. Upon receipt of a Request for Advance by Bank and the Bank having made a determination that sufficient finds are available under the Facility and all other conditions to such Advance shall have been fulfilled, Bank will make the Advance to the Borrower, subject to the terms, provisions and conditions as provided in this Agreement. All disbursements will be made to Borrower in a manner determined by Bank, or with Bank's approval, into the Operating Account or as Borrower otherwise directs in writing. Each Advance shall be considered to have been advanced to and received by Borrower upon, and interest on the Loan proceeds will be payable by Borrower from and after, the disbursement of the Advance to or for the benefit of the Borrower as aforesaid. In no event shall Bank be required to make any Advance from and after the Commitment Termination Date.

Requests for Advance. A statement in Proper Form of Borrower, and of the architect or professional engineer and the contractor for the Project, in the form of attached Exhibit B or such other form required by Lender which statement will include an AIA Form G702/G703 or such other form required by Lender, accurately reflecting the current status of construction funds, setting forth the amount of the Loan requested to be disbursed and containing such other statements and certifications as Lender may require.

Requests for Advance. Each request for an advance, and the receipt of the funds requested thereby, shall have the effect stated in the definition of the term Request for Advance.

Requests for Advance. Each time Borrower desires to obtain an Advance, Borrower shall submit, to Lender, a request for such Advance (“Request for Advance”), stating the amount requested and the purpose, in terms sufficiently detailed to Lender in its discretion, for which such Advance is to be used. If a request for an Advance is received by 11:00 o’clock a.m. Minnesota time, then, subject to the remaining terms and conditions of this Agreement, such Advance shall be made on the date the request is received. If a request for an Advance is received after 11:00 o’clock a.m. Minnesota time, then, subject to the remaining terms and conditions of this Agreement, such Advance shall be made on the next business day. All funds so advanced under this Agreement for any purpose shall be deemed advanced hereunder, shall be evidenced by and owing under the Note, and shall be secured by the Loan Documents.