Additional Loan. On the terms and subject to the conditions of this Agreement, upon a draw by the Seller under the Novartis Letter of Credit (which draw cannot be made until one year after the Closing Date pursuant to the terms of the Asset Purchase Agreement) to satisfy the remaining purchase price obligations of the Asset Purchaser under Section 9.2 of the Asset Purchase Agreement, the Lender agrees to lend to Borrower the entire amount of its Additional Commitment. The Borrower agrees that the Additional Loan shall be made on behalf of Borrower but the proceeds of the Additional Loan shall be funded directly to the Issuing Bank to reimburse the Issuing Bank for the Seller’s draw under the Novartis Letter of Credit, if any. The Additional Commitment shall immediately terminate upon the funding of the Additional Loan. If the Additional Loan is not funded on the first anniversary of the Closing Date, the Additional Commitment shall immediately terminate. The Agent shall provide written notice to the Borrower of the funding of the Additional Loan within one Business Day of such funding.
Additional Loan. Prior to the Maturity Date and upon at least 30 days' prior written notice to the Administrative Agent, the Borrower shall have the right, subject to the terms and conditions set forth below, to borrow one additional term loan (the "Additional Loan"); provided that (i) no Default or Event of Default shall exist either at the time of the request or the making of the Additional Loan (or will result from the making of the Additional Loan), (ii) the Additional Loan shall be in a minimum amount of $10,000,000 (and in integral multiples of $1,000,000 in excess thereof), (iii) the Additional Loan may only be made subsequent to the date that is thirty (30) days after the Funding Date, (iv) the Additional Loan shall be in a maximum amount of the difference between $650,000,000 and the outstanding principal amount of the Term Loans at the time of the making of the Additional Loan, (v) the Additional Loan may, at the option of the Borrower, be made by (A) one or more existing Lenders; provided that no Lender shall be required to make all or any portion of the Additional Loan without its prior written consent (such consent to be given in each Lender's sole discretion) and/or (B) one or more institutions that are not existing Lenders; provided that any such institution (x) shall qualify as an Eligible Assignee and (y) shall become a Lender under this Credit Agreement by execution and delivery of an appropriate joinder agreement in a manner acceptable to the Administrative Agent and the Borrower, (vi) the conditions precedent set forth in Section 5.2 shall have been satisfied, (vii) the Borrower shall inform the Administrative Agent of the funding date (which date shall be a Business Day) of the Additional Loan, (viii) the Borrower shall execute and deliver such Additional Loan Notes as appropriate, (ix) the Borrower shall deliver such certificates, opinions and other documentation as reasonably requested by the Administrative Agent and (x) Schedule 1.1(a) to the Credit Agreement shall be amended to reflect the Additional Loan and the Lenders making the Additional Loan.
Additional Loan i. Lender hereby agrees to make an additional loan to Borrower in the principal amount of up to DM 1,392,950.37 (the "Additional Loan"), as is necessary to enable Borrower to satisfy his tax obligations to the German tax authority as a result of Borrower's receipt of 458,334 shares of Lender common stock of the Lender that Borrower received in connection with Lender's acquisition of CATS. Lender will be obligated to make the Additional Loan only if the German tax authority issues a final tax assessment that assesses a greater tax obligation on Borrower than the preliminary tax assessment issued to Borrower by the German tax authority for fiscal year 1998 with respect to Borrower's receipt of 458,334 shares of Lender common stock in connection with Lender's acquisition of CATS.
Additional Loan. Subject to the terms and conditions of this Agreement and the other Loan Documents, the Lender agrees to loan to the Borrower in lawful money of the United States the Additional Loan on the terms hereof and the Borrower hereby irrevocably authorizes the Lender to advance the Additional Loan on the terms hereof. The Additional Loan shall bear interest as set forth in Section 4.1 of this Agreement.”
Additional Loan. Provided there is no Event of Default under this Agreement, the Company may notify the Lender in writing at any time after 30 days from the Initial Loan Closing Date that the Company wishes to borrow the Additional Loan. The Lender shall have the sole option of making the Additional Loan. The Additional Loan shall be evidenced by a Note, duly executed on behalf of the Company and dated as of the Additional Loan Closing Date.
Additional Loan. Lender shall disburse the Additional Loan as directed by Manager on the Conversion Date, in the amount (if any) by which the Re-sized Amount exceeds the then unpaid Principal of the Initial Loan; provided the following conditions precedent are satisfied:
Additional Loan. In addition to the mortgage relocation loan and the other relocation expense loan referred to Paragraph 1.4(i), the Company shall loan the Executive an additional Forty Thousand Dollars ($40,000.00) to be drawn down as requested by the Executive on or before April 16, 2001. This additional loan shall be evidenced by an appropriate promissory note providing for payment of accrued interest in ten equal payments of principal, each in the amount of Four Thousand Dollars ($4,000.00), to be deducted from Executive's net after-tax annual bonus payment as may be made by the Company to Executive in October of each year commencing in October, 2001. Should any annual bonus payment due Executive not equal the installment then due, the unpaid balance of principal only shall be added to the next year's installment with all the remaining unpaid principal balance and accrued interest due and payable on or before October 31, 2010. All accrued interest for each period preceding a installment payment date shall be paid by Executive no later than October 31 of each year either by deduction from Executive's net after tax annual bonus payment or directly by Executive if the bonus payment is not sufficient. The note evidencing this additional loan shall further provide that it shall be due and payable in full within 120 days of the termination of the Executive's employment with the Company for any reason. Furthermore, the note shall provide for interest at a rate equal to the one-year United States Treasury constant maturity rate for the month of July, 2000, as published by the Federal Reserve Board of Governors plus one percent (1%) and shall be adjusted commencing September 1, 2001 and annually each September 1 thereafter to the then most recently published one year constant maturity rate for the month of July of each succeeding year plus one percent (1%). At the option and expense of the Company, the Executive's obligations under the note may be secured by a second mortgage note on the Australian Property. Except as specifically provided herein, the Agreement is in all respects ratified and confirmed, and all the terms, conditions and provisions thereof shall be and remain in full force and effect for any and all purposes. From and after the date of this Third Amendment, any and all references to the Agreement shall refer to the Agreement as amended by the First, Second and Third Amendments.
Additional Loan. Subject to the terms and conditions of this Agreement and relying on the representations and warranties herein set forth, each Additional Lender severally (not jointly or jointly and severally) agrees to make a term loan (any such term loan being referred to as an ‘Additional Loan’ and such term loans being referred to collectively as the ‘Additional Loans’, and together with the Initial Loan, such term loans being referred to collectively as the ‘Loan’ or the ‘Loans’) to the Borrowers in a single drawing on the Additional Loan Funding Date, upon the satisfaction of the conditions set forth in Section 3 of the First Amendment, in an aggregate amount not to exceed such Additional Lender’s Additional Loan Commitment.
Additional Loan. Provided there is no Event of Default under this Agreement, RMK shall make an Additional Loan to the Company of up to $200,000. RMK shall be obligated to make the Additional Loan so long as there is no Event of Default within 20 calendar days of the Initial Loan Closing Date. The Additional Loan shall be evidenced by a Note, duly executed on behalf of the Company and dated as of the Additional Loan Closing Date."
Additional Loan. The Additional Loan will bear interest at the Additional Loan Interest Rate, which shall be due and payable monthly, in arrears, in Cash.
