Funding Generally Sample Clauses
Funding Generally. Upon the terms and subject to the conditions ----------------- set forth herein, prior to the Commitment Expiry Date, and provided that no -------- Termination Event or Potential Termination Event shall have occurred and be continuing, the CP Lender may, in its sole discretion, and, in the event that the CP Lender declines to make any advance, the APA Banks shall (subject to the terms and conditions specified herein), collectively make an advance, under the terms and conditions hereof (any such advance, a "Funding" and the first such advance, the "Initial Funding") to the ------- --------------- Borrower from time to time on or after the Effective Date. Each Funding by an APA Bank shall be made on a pro rata basis based on such APA Bank's Commitment as a percentage of the Aggregate Commitment. To request Fundings hereunder, the Borrower shall notify the Administrative Agent of such request by telephone (a) in the case of a Eurodollar Funding, not later than 11:00 A.M. (New York time) three (3) Business Days before the date of the proposed Funding, (b) in the case of an ABR Funding, not later than 12:30 P.M. (New York time) on the proposed date of such Funding and (c) in the case of a CP Funding, (i) with respect to any Funding of $50,000,000 or less, not later than 6:00 P.M. (New York time) one (1) Business Day prior to the proposed date of such Funding and (ii) for all other amounts, not later than 12:30 P.M. (New York time) one (1) Business Day before the date of the proposed Funding. Each day on which a Funding is made hereunder shall be a Business Day. Each such telephonic request for a Funding shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written funding request (each, a "Funding Request") in a form approved by the --------------- Administrative Agent and signed by the Borrower. Each such telephonic and written Funding Request shall specify the following information in compliance with Section 7.1(b): --------------
(i) the requested Advance Amount (calculated in accordance with the definition thereof, and which shall be at least $1,000,000 or integral multiples of $100,000 in excess thereof);
(ii) the date of such Funding, which shall be a Business Day;
(iii) whether such Funding is to be a CP Funding, an ABR Funding or a Eurodollar Funding;
(iv) in the case of a Eurodollar Funding, the Eurodollar Funding Period to be applicable thereto, which shall be a period contemplated by the de...
Funding Generally. Subject to the terms and conditions of this Loan Agreement and in reliance on the representations and warranties of each of the parties hereto contained herein or made pursuant hereto, each Lender hereby establishes a credit facility in favor of the Borrower in the maximum principal amount equal to such Lender’s Commitment Percentage of the Aggregate Commitment Amount (each, a “Commitment”, and, collectively, the “Commitments”), and each Lender, upon receipt (or deemed receipt) of an Advance Request, on each Advance Date during the Commitment Period, shall make an Advance to the Borrower for the payment of (A) the Purchase Price of the used or unused Items of Equipment (1) being acquired (or to reimburse the Borrower for the Purchase Price of Items of Equipment previously paid by the Borrower (and not previously funded by an Advance), which Equipment shall not have been purchased more than 18 months prior to the date of such Advance) or (2) with respect to the proceeds of the Final Advance, to be acquired, and (B) subject to the limitations set forth in Section 2.2(a)(ii), related Soft Costs and Transaction Costs, by making its share of such Advance available to the Administrative Agent for deposit into an account designated by the Borrower (or, in the case of the Final Advance, into the Escrow Account) by wire transfer of an amount in immediately available funds on such Advance Date equal to such Lender’s Commitment Percentage of the aggregate amount of the requested Advances. Such funding by the Lenders shall be deemed to constitute (X) the required funding from the Lenders pursuant to this Loan Agreement and (Y) the corresponding Advances to the Borrower.
Funding Generally