Common use of Discretionary Advances Clause in Contracts

Discretionary Advances. In no event shall the Lender be obligated to make an Advance to the Merchant; it being understood that any election by the Lender to make an Advance to the Merchant may be exercised in the Lender’s sole and absolute discretion. Without limiting the generality the foregoing, the Lender’s election to make an Advance on one occasion shall not obligate the Lender to make an Advance on another occasion. Similarly, the absence of an Event of Default shall not obligate the Lender to make an Advance. Notwithstanding the foregoing, and without limiting any of Lender’s rights hereunder, upon Merchant’s loan balance being reduced to no more than twenty-five percent (25%) of the Advance Amount, and upon Merchant’s request, Lender may, in Lender’s sole business discretion, “re-load” the Advance Amount and loan additional monies to Merchant upon substantially the same terms and conditions set forth herein. Merchant understands that any “re-loads” would be made at the sole business discretion of Lender and be conditioned upon, among other things, Merchant’s payment history with Lender and Merchant’s financial condition, as determined by Lender.

Appears in 2 contracts

Samples: Credit Card Receivables Advance Agreement (Liberator, Inc.), Credit Card Receivables Advance Agreement (WES Consulting, Inc.)

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Discretionary Advances. In no event shall the Lender be obligated to make an Advance to the MerchantBorrowers; it being understood that any election by the Lender to make an Advance to the Merchant Borrowers may be exercised in the Lender’s sole and absolute discretion. Without limiting the generality of the foregoing, the Lender’s election to make an Advance on one occasion shall not obligate the Lender to make an Advance on another occasion. Similarly, the absence of an Event of Default shall not obligate the Lender to make an Advance. Notwithstanding the foregoing, and without limiting any of Lender’s rights hereunder, upon Merchant’s Borrowers’ loan balance being reduced to no more than twenty-five percent (25%) of the Advance Amount, and upon Merchant’s Borrowers’ request, Lender may, in Lender’s sole business discretion, “re-load” the Advance Amount and loan additional monies to Merchant Borrowers upon substantially the same terms and conditions set forth herein. Merchant Borrowers understands that any “re-loads” would be made at the sole business discretion of Lender and be conditioned upon, among other things, Merchant’s Borrowers’ payment history with Lender and Merchant’s Borrowers’ financial condition, as determined by Lender.

Appears in 2 contracts

Samples: Credit Card Receivables Advance Agreement (Photomedex Inc), Credit Card Receivables Advance Agreement (Photomedex Inc)

Discretionary Advances. In no event shall the Lender be obligated to make an Advance to the MerchantBorrower; it being understood that any election by the Lender to make an Advance to the Merchant Borrower may be exercised in the Lender’s sole and absolute discretion. Without limiting the generality of the foregoing, the Lender’s election to make an Advance on one occasion shall not obligate the Lender to make an Advance on another occasion. Similarly, the absence of an Event of Default shall not obligate the Lender to make an Advance. Notwithstanding the foregoing, and without limiting any of Lender’s rights hereunder, upon MerchantBorrower’s loan balance on a particular Advance Schedule being reduced to no more than twenty-five thirty percent (2530%) of the Advance Amount, and upon MerchantBorrower’s request, Lender may, in Lender’s sole business discretion, “re-load” the Advance Amount and loan additional monies to Merchant Borrower upon substantially the same terms and conditions set forth herein. Merchant Borrower understands that any “re-loads” would be made at the sole business discretion of Lender and be conditioned upon, among other things, MerchantBorrower’s payment history with Lender and MerchantBorrower’s financial condition, as determined by Lender.

Appears in 1 contract

Samples: Advance Agreement (Vapor Corp.)

Discretionary Advances. In no event shall the Lender be obligated to make an Advance to the MerchantBorrower; it being understood that any election by the Lender to make an Advance to the Merchant Borrower may be exercised in the Lender’s sole and absolute discretion. Without limiting the generality the foregoing, the Lender’s election to make an Advance on one occasion shall not obligate the Lender to make an Advance on another occasion. Similarly, the absence of an Event of Default shall not obligate the Lender to make an Advance. Notwithstanding the foregoing, and without limiting any of Lender’s rights hereunder, upon MerchantBorrower’s loan balance being reduced to no more than twenty-five thirty percent (2530%) of the Advance Amount, and upon MerchantBorrower’s request, Lender may, in Lender’s sole business discretion, “re-load” the Advance Amount and loan additional monies to Merchant Borrower upon substantially the same terms and conditions set forth herein. Merchant Borrower understands that any “re-loads” would be made at the sole business discretion of Lender and be conditioned upon, among other things, MerchantBorrower’s payment history with Lender and MerchantBorrower’s financial condition, as determined by Lender.

Appears in 1 contract

Samples: Accounts Receivable Advance Agreement (XpresSpa Group, Inc.)

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Discretionary Advances. In no event shall the Lender be obligated to make an Advance to the Merchant; it being understood that any election by the Lender to make an Advance to the Merchant may be exercised in the Lender’s sole and absolute discretion. Without limiting the generality the foregoing, the Lender’s election to make an Advance on one occasion shall not obligate the Lender to make an Advance on another occasion. Similarly, the absence of an Event of Default shall not obligate the Lender to make an Advance. Notwithstanding the foregoing, and without limiting any of Lender’s rights hereunder, upon Merchant’s loan balance being reduced to no more than twenty-five fifty percent (2550%) of the Advance Amount, and upon Merchant’s request, Lender may, in Lender’s sole business discretion, “re-load” the Advance Amount and loan additional monies to Merchant upon substantially the same terms and conditions set forth herein. Merchant understands that any “re-loads” would be made at the sole business discretion of Lender and be conditioned upon, among other things, Merchant’s payment history with Lender and Merchant’s financial condition, as determined by Lender.

Appears in 1 contract

Samples: Credit Card Receivables Advance Agreement (Roadhouse Grill Inc)

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