Common use of Actions Simultaneous Clause in Contracts

Actions Simultaneous. Notwithstanding anything to the contrary contained herein, upon the request of the Borrower and with the consent of the Administrative Agent in its sole discretion, all actions to be taken and all documents to be executed and delivered at the closing of an Investment in order for such Investment to be deemed an Eligible Investment (collectively, the “Delivery Requirements”) may be deemed to have been taken and executed and delivered simultaneously with the request for any Borrowing for the purpose of making such Investment; provided that (i) all such Delivery Requirements shall be satisfied substantially contemporaneously with the making of such Investment by the Borrower and (ii) the Administrative Agent shall have received all evidence it may request (including but not limited to the delivery of an updated Borrowing Base Certificate) evidencing such satisfaction.

Appears in 2 contracts

Sources: Senior Secured Revolving Credit Agreement (Sierra Income Corp), Senior Secured Revolving Credit Agreement (Sierra Income Corp)

Actions Simultaneous. Notwithstanding anything to the contrary contained herein, upon the request of the Borrower and with the consent of the Administrative Agent in its sole discretion, all actions to be taken and all documents to be executed and delivered at the closing of an Investment in order for such Investment to be deemed an Eligible Investment (collectively, the “Delivery Requirements”) may shall be deemed to have been taken and executed and delivered simultaneously with the request for any Borrowing for the purpose of making such Investment; provided that (i) all such Delivery Requirements shall be satisfied substantially contemporaneously with the making of such Investment by the Borrower and (ii) the Administrative Agent shall have received all evidence it may request (including but not limited to the delivery of an updated Borrowing Base Certificate) evidencing such satisfaction.

Appears in 1 contract

Sources: Senior Secured Revolving Credit Agreement (Medley Capital Corp)