Excess Advances. DFS, in its sole and absolute discretion, may elect to permit the total unpaid balance of Loans to exceed the Total Credit Limit (the "Excess Advances"), and no such event or occurrence shall cause or constitute a waiver by DFS of its right to demand payment of all or any part of the Loans at any time within the terms of this Agreement or to refuse, in its sole and absolute discretion, to make such further Loans. Any such Excess Advances shall be payable immediately upon demand therefor, unless otherwise specifically agreed to by DFS, and shall bear interest at the Default Interest Rate.
Excess Advances. Any Advances made at any time during the term of the Loan by the Lender to the Borrower in excess of the face amount of the Note shall, while outstanding, be deemed part of the indebtedness of Borrower owed to the Lender under the Note and shall be equally subject to all of the terms and provisions of this Agreement and the Loan Documents. Any reference in any Loan Documents to the indebtedness or amounts owed under this Agreement and the Note is hereby deemed to include such excess Advances.
Excess Advances. Borrower shall immediately repay any Advance received by Borrower in excess of the amount Borrower is entitled to under the provisions of this Agreement.
Excess Advances. If for any reason the aggregate outstanding principal balance of the Loan should at any time exceed the Credit Limit, the Borrower shall, without demand, immediately pay to the Bank a sum sufficient to reduce the outstanding principal balance of the Loan to the Credit Limit, together with accrued interest on the portion of the principal repaid.
Excess Advances. If, at any time, the then outstanding --------------- aggregate principal amount of all Revolving Advances shall exceed either the aggregate amount of the Revolving Commitments of the Lenders at such time or the Borrowing Base Amount at such time, in each case minus the sum of (i) the aggregate amount of the Letter of Credit Obligations then outstanding and (ii) the aggregate principal amount of the Swing Line Advances then outstanding, the Borrower shall immediately prepay, for the ratable account of the Lenders, the outstanding principal amount of Revolving Advances in an aggregate amount equal to such excess. If, at any time, the then outstanding aggregate amount of all Swing Line Advances shall exceed either (i) the Swing Line Commitment of the Swing Line Lender, or (ii) the Borrowing Base Amount then in effect minus the sum of (A) the aggregate amount of the Letter of Credit Obligations then outstanding, and (B) the aggregate principal amount of the Revolving Advances then outstanding, the Borrower shall thereupon prepay, for the account of the Swing Line Lender, the outstanding principal amount of Swing Line Advances in an aggregate amount equal to such excess.
Excess Advances. Except to the extent that any excess constitutes an Overadvance permitted by Section 2.1(b) if at any time the aggregate outstanding principal amount of the Revolving Loan plus the Available Amount plus any unpaid Reimbursement Obligations exceeds the Credit Availability, Borrower shall immediately pay the amount of such excess to the Agent for application to the applicable Loan.
Excess Advances. In the event the unpaid principal amount of the outstanding balance of Borrower’s Loan Account for the Revolving Loan ever exceeds the amount of the Revolving Line Limit, Borrower agrees to pay the excess amount (an “Overline”) immediately upon demand by Bank. In the event the unpaid principal amount of the outstanding balance of Borrower’s Loan Account for the Revolving Loan ever exceeds the Borrowing Base, Borrower agrees to pay the excess amount (an “Overadvance”) immediately upon demand by Bank. Overlines and Overadvances will bear interest at the rate stated in the Revolving Note. If not sooner paid, interest on Overlines and Overadvances will be paid on the last day of each month, until the Revolving Loan Maturity Date. Upon request of Bank, Borrower will execute a promissory note, payable to the order of Bank, to represent the amount of any Overline and any Overadvance; however, Borrower acknowledges and agrees that the records of Bank and this Agreement will constitute conclusive evidence of any Overline or Overadvance and the obligation of Borrower to repay any Overline and Overadvance, with interest. All Overlines and Overadvances for which Bank has not demanded payment earlier, and all unpaid and accrued interest on Overlines and Overadvances not due and payable earlier, will be due and payable on the Revolving Loan Maturity Date. Borrower acknowledges and agrees that Bank is not obligated to fund any advance that would create an Overline or an Overadvance.
Excess Advances. In the event that the Interest A Royalty has not been acquired by April 14, 2007 and the Principal Outstanding as of April 14, 2007 is in excess of US$15,000,000, then the Borrowers agree to repay within (2) Business Days upon notice from the Bridge Lender, in the manner set forth in clause (g) below by payment to the Bridge Lender, an amount equal to such excess.
Excess Advances. If at any time the outstanding principal amount of the Revolving Credit Loans shall exceed the Borrowing Base, the Borrower shall immediately pay the amount of such excess to the Bank for application to the Revolving Credit Loans.
Excess Advances. If at any time the aggregate outstanding principal amount of the Revolving Loans plus the Available Amount plus any unpaid Reimbursement Obligations exceeds the Borrowing Base, the Borrower shall immediately prepay the Revolving Loans in the amount of such excess, together with accrued interest to the date of prepayment on the amount prepaid and, with respect to any portion of such prepayment that bears interest with reference to LIBOR, any Make-Whole Premium.
