Advances by FNBB Clause Samples

Advances by FNBB. (A) From time to time, but not more frequently than twice in any calendar week, on the Funding Date requested by Borrower in a Borrowing Notice delivered to FNBB in accordance with Section 2.1(f), after Borrower shall have satisfied all applicable conditions precedent set forth in Section 2.8, FNBB shall make immediately available funds available to Borrower (each such advance being an "Advance") of one or more Base Rate Loans or LIBOR Loans specified in such Borrowing Notice, each of which shall constitute a Revolving Credit Loan hereunder. FNBB shall immediately advance such funds to Borrower at the place indicated by Borrower in the Borrowing Notice on the Funding Date with respect to such Revolving Credit Loan. The Revolving Credit Loans shall be evidenced by a promissory note of Borrower in substantially the form of Exhibit A (the "Note"), dated as of the Closing Date and completed with appropriate insertions. (B) The obligation of FNBB to make the Revolving Credit Loans hereunder shall be limited at any time to the Maximum Availability. For the purpose of determining the amount of the Borrowing Base available at any one time, the amount available shall be the total amount of the Borrowing Base as of the date set forth in the most recent Borrowing Base Certificate required to have been delivered pursuant to Section 5.1(d). Nothing contained in this Agreement shall under any circumstance be deemed to require FNBB to make any Advance which, in the aggregate principal amount, taking into account the making of such Advance exceeds the lesser of (A) FNBB's Commitment and (B) the Borrowing Base. (C) If at any time and for any reason the aggregate principal outstanding under Revolving Credit Loans shall exceed the Maximum Availability (the amount of such excess, if any, being an "Overadvance"), Borrower shall within two (2) Business Days (or five (5) Business Days in the case of an Overadvance resulting from the removal of a Lease from the Borrowing Base calculation upon the exercise by FNBB of its rights under paragraph (d) of the definition of Eligible Lease) (i) repay the full amount of such Overadvance, together with all interest accrued thereon or (ii) pledge additional Eligible Leases to FNBB as Collateral for the Loans so as to increase the Borrowing Base and eliminate the Overadvance, provided, that in no event shall the aggregate principal outstanding under Revolving Credit Loans exceed the aggregate Commitments and any remaining Overadvance shall b...