Credit Commitment. (a) Subject to the terms and conditions hereof and of the Non- Negotiable Promissory Note, of even date herewith, made by COES in favor of CST, a copy of which is attached hereto (the "Note"), CST agrees from time to time during the two-year period commencing on the closing date of the initial public offering of securities of CST, to make loans (each, a "Loan") to COES up to a maximum aggregate amount of $_____________, which amount includes any accrued and unpaid interest on amounts advanced and loaned by CST hereunder. COES shall use the proceeds of each Loan for its working capital needs. Interest on the outstanding principal amount of the Note shall be twelve percent (12%) per annum, as more fully set forth in the Note. Subject to Section 2 below, the maximum credit commitment may be reduced under certain circumstances. COES's obligations under the Note shall be secured by a lien and pledge in the Collateral, as more fully set forth in the Pledge Agreement. (b) By written request to CST, accompanied by a description of the proposed use(s) of such loan proceeds, COES may from time to time request that CST make a Loan in the amount specified therein and CST will make such Loan. Subject to CST's review and approval of the written request, CST may, in its discretion, disburse the amount of the Loan requested by wire transfer in immediately available funds to an account or accounts designated in writing by COES, or by check if mutually agreed, within three (3) business days following COES's written request. Each such request for a Loan shall constitute COES's representation and warranty to CST that no Event of Default (as such term is defined in the Note) shall have occurred or be continuing at such time, or would occur after giving effect to any such Loan. (c) Except as otherwise provided in Section 2 below, COES will pay the entire principal balance then outstanding of the Note together with accrued interest, in cash, on the second annual anniversary of the date hereof.
Appears in 1 contract
Sources: Credit Agreement (Commodore Separation Technologies Inc)
Credit Commitment. (a) Subject to On the terms and subject to the conditions hereof set forth in this Agreement, Bank agrees to make revolving credit available and Letters of the Non- Negotiable Promissory Note, of even date herewith, made by COES in favor of CST, a copy of which is attached hereto (the "Note"), CST agrees Credit available to Borrowers from time to time during prior to the two-year period commencing on Revolving Credit Termination Date with respect to revolving credit loans and the closing date Letter of the initial public offering Credit Termination Date with respect to Letters of securities of CSTCredit, to make loans (each, a "Loan") to COES up to a maximum in such aggregate amount of $_____________, which amount includes any accrued and unpaid interest on amounts advanced and loaned by CST hereunder. COES shall use the proceeds of each Loan for its working capital needs. Interest on the outstanding principal amount of the Note shall be twelve percent (12%) per annum, as more fully set forth in the Note. Subject to Section 2 below, the maximum credit commitment may be reduced under certain circumstances. COES's obligations under the Note shall be secured by a lien and pledge in the Collateral, as more fully set forth in the Pledge Agreement.
(b) By written request to CST, accompanied by a description of the proposed use(s) of such loan proceeds, COES Borrowers may from time to time request that CST make a Loan but in no event exceeding Eleven Million Dollars ($11,000,000) in the aggregate (the "Revolving Credit Commitment"); provided, however, that in no event shall the aggregate amount specified therein of Letters of Credit outstanding at any one time exceed the Letter of Credit Limit. The Revolving Credit Commitment shall be available to Borrowers by means of Loans, it being understood that the Loans may be repaid and CST will make such Loanused again during the period from the date hereof to and including the Revolving Credit Termination Date, at which time the Revolving Credit Commitment shall expire. Subject Notwithstanding the foregoing, the Revolving Credit Commitment shall be permanently reduced (i) to CST's review and approval Nine Million Six Hundred Thousand Dollars ($9,600,000) upon the earlier to occur of (A) Borrowers' sale of a portion of the Kinzie Station Mortgaged Property to Gamma Photo and (B) February 28, 2001, and (ii) to Eight Million One Hundred Thousand Dollars ($8,100,000) on March 28, 2001; provided, however, that the Revolving Credit Commitment shall be reduced to Seven Million Six Hundred Thousand Dollars ($7,600,000) on March 28, 2001 in the event the Bank, following written requestrequest by the Borrowers on or before March 16, CST may2001, agrees to release its liens on the Fife Mortgaged Property. Upon any reduction of the Revolving Credit Commitment as set forth above, Borrowers hereby agree to immediately pay all amounts outstanding under the Revolving Credit Commitment in its discretion, disburse excess of the reduced amount of the Loan requested by wire transfer in immediately available funds to an account or accounts designated in writing by COESRevolving Credit Commitment as of the date of such reduction. To the extent such amounts are not paid upon the corresponding date of such reduction, or by check if mutually agreed, within three (3) business days following COES's written request. Each such request for a Loan it shall constitute COES's representation and warranty to CST that no an Event of Default (as such term is defined and, in the Note) shall have occurred or be continuing at such time, or would occur after giving effect addition to any such Loan.
(c) Except as otherwise provided in Section 2 belowother remedies available to Bank, COES will pay the entire principal balance then outstanding of the Note together with accrued interest, in cash, interest on the second annual anniversary of Loans shall accrue at the date hereofDefault Rate.
Appears in 1 contract
Sources: Loan and Security Agreement (Heartland Partners L P)
Credit Commitment. (a) Subject to On the terms and subject to the conditions hereof set forth in this Agreement, Bank agrees to make revolving credit available and Letters of the Non- Negotiable Promissory Note, of even date herewith, made by COES in favor of CST, a copy of which is attached hereto (the "Note"), CST agrees Credit available to Borrowers from time to time during prior to the two-year period commencing on Revolving Credit Termination Date with respect to revolving credit loans and the closing date Letter of the initial public offering Credit Termination Date with respect to Letters of securities of CSTCredit, to make loans (each, a "Loan") to COES up to a maximum in such aggregate amount of $_____________, which amount includes any accrued and unpaid interest on amounts advanced and loaned by CST hereunder. COES shall use the proceeds of each Loan for its working capital needs. Interest on the outstanding principal amount of the Note shall be twelve percent (12%) per annum, as more fully set forth in the Note. Subject to Section 2 below, the maximum credit commitment may be reduced under certain circumstances. COES's obligations under the Note shall be secured by a lien and pledge in the Collateral, as more fully set forth in the Pledge Agreement.
(b) By written request to CST, accompanied by a description of the proposed use(s) of such loan proceeds, COES Borrowers may from time to time request that CST make a Loan but in no event exceeding Five Million Three Hundred Fifty Thousand Dollars ($5,350,000) in the aggregate (the "Revolving Credit Commitment"); provided, however, that in no event shall the aggregate amount specified therein of Letters of Credit outstanding at any one time exceed the Letter of Credit Limit. The Revolving Credit Commitment shall be available to Borrowers by means of Loans, it being understood that the Loans may be repaid and CST will make such Loanused again during the period from the date hereof to and including the Revolving Credit Termination Date, at which time the Revolving Credit Commitment shall expire. Subject Notwithstanding the foregoing, the Revolving Credit Commitment shall be permanently reduced to CST's review Three Million Eight Hundred Fifty Thousand Dollars ($3,850,000) upon the earlier to occur of (i) the closing of a real estate loan with respect to the parcel of land owned by a Borrower (or an Affiliate of Borrowers) located in Fife, Washington, (ii) the sale of that certain parcel(s) of land owned by a Borrower (or an Affiliate of Borrowers) located in Chicago, Illinois having the common addresses of 870 West Division, 1030 West Division and approval 1060 West Division and (iii) June 30, 2002. Upon any reduction of the written requestRevolving Credit Commitment as set forth above, CST may, in its discretion, disburse the amount Borrowers hereby agree to immediately pay all outstanding amounts of the Loan requested by wire transfer Revolving Credit Commitment in immediately available funds to an account or accounts designated in writing by COESexcess of Three Million Eight Hundred Fifty Thousand Dollars ($3,850,000) as of the date of such reduction. To the extent such amounts are not paid upon the date of such reduction, or by check if mutually agreed, within three (3) business days following COES's written request. Each such request for a Loan it shall constitute COES's representation and warranty to CST that no an Event of Default (as such term is defined and, in the Note) shall have occurred or be continuing at such time, or would occur after giving effect addition to any such Loan.
(c) Except as otherwise provided in Section 2 belowother remedies available to Bank, COES will pay the entire principal balance then outstanding of the Note together with accrued interest, in cash, interest on the second annual anniversary of Loans shall accrue at the date hereofDefault Rate.
Appears in 1 contract
Sources: Loan and Security Agreement (Heartland Partners L P)