Interim Advances a. In the event that, during the 90-day period following any termination of the Executive's employment after a Change in Control there is a bona fide dispute between the Company and the Executive with respect to the Executive's entitlement to any payments under this Agreement as a result of such termination and such dispute has not been resolved within 90 days after the date of the Termination Event, then, subject to Section 9(c), the Company shall pay to the Executive, as an advance against any amounts that are claimed to be due to the Executive under this Agreement, on 91st day after the Termination Event and on the same date of each succeeding month until such dispute is resolved, an amount equal to the Executive's monthly base salary as in effect immediately prior to the Change in Control.
Interim Advances. Disbursements for the payment of or the reimbursement of Agent for components of Unit Acquisition Cost for a Unit shall be made upon the request of Agent from time to time, based upon the certifications of Agent contained in an Interim Advance Certificate. Owner shall have no obligation to make Interim Advances more often than once every seven (7) days.
Interim Advances. If at any time the Revolving Outstandings exceeds the Borrowing Base or Section 11.13.3 is violated, and without limiting the other rights and remedies of the Administrative Agent and the Facility A Lenders hereunder and under the other Loan Documents, the Borrowers shall immediately, and without the necessity of demand by the Administrative Agent, make the mandatory prepayment required pursuant to Section 6.2.2(b) to the Administrative Agent; provided, that the Administrative Agent may, at its option and in its sole discretion, permit such excess (the “Interim Advance”) to remain outstanding and continue to advance Revolving Loans to the Borrowers on behalf of the Facility A Lenders without the consent of any Lender for a period of up to thirty (30) calendar days, so long as (i) the amount of the Interim Advances does not exceed at any time Three Million Five Hundred Thousand and No/100 Dollars ($3,500,000.00), (ii) the Revolving Outstanding do not exceed the Revolving Commitment, and (iii) in the case of any subsequent Interim Advances, the Administrative Agent has not been notified by the Facility A Required Lenders to cease making such Revolving Loans. If the Interim Advance is not repaid (or otherwise eliminated) in full within thirty (30) days of the initial occurrence of the Interim Advance, no future advances may be made to the Borrowers without the consent of all Facility A Lenders until the Interim Advance is repaid in full.
Interim Advances. Disbursements for Project Costs shall be made as the same are incurred within the limits of the Budget, based upon the certifications of Agent contained in an Interim Advance Certificate.
Interim Advances. Continuing Conditions to the Lender's ------------------------------------------------------ Obligations to Make Loan Advances. Lender shall not be obligated to make --------------------------------- any Advances hereunder unless and until each and every one of the conditions set forth in Sections 2.01 and 5.01 hereof (which shall ---- ---- constitute continuing conditions for all Advances hereunder) and the following further conditions shall have been satisfied (with proof thereof in form and sufficiency as may be requested by Lender):
Interim Advances. The Agent may, in its sole discretion and without having any obligation to do so, make interim advances (hereinafter sometimes referred to as "Interim Advances") of its own funds to the Borrower in an aggregate amount not to exceed $5,000,000 at any one time outstanding; provided, however, that no Interim Advances shall be made after the Agent has received written requests not to make Interim Advances from the Requisite Banks or unless all conditions precedent for an Advance have been met. The aggregate amount of all Interim Advances outstanding on the date any regular Advance is made shall be included as a previously disbursed portion of such regular Advance in which each Bank shall participate based upon its Ratable Share and the Agent shall thereupon be immediately reimbursed for the full amount of such Interim Advances from the proceeds of such regular Advance. If no regular Advance is made for any period of 60 days, whether by reason of the failure to comply with any condition for a regular Advance or otherwise, each Bank shall, upon request of the Agent, on the Business Day after receiving such request, remit to the Agent such Bank's Ratable Share of all outstanding Interim Advances, whereupon, such Interim Advances shall be automatically converted to a regular Prime Rate Advance effective on such next Business Day. In no event will any Interim Advance be made if, after giving effect to such Interim Advance, the aggregate principal amount of all Advances would exceed $100,000,000.00.
Interim Advances. Disbursements for costs of constructing and equipping a Unit shall be made as the same are incurred within the limits of the Unit Budget, based upon the certifications of Agent contained in an Interim Advance Certificate. All such costs for which the Interim Advance is requested shall be in accordance with the Unit Budget attached to the Interim Advance Certificate, and shall be specifically set forth in the request for such Interim Advance, and Owner shall have no obligation to advance any funds in the Interim Advance which are not so in accordance and specifically set forth in such documents.
Interim Advances. Expenses (including, without limitation, attorneys’ fees) incurred by any Indemnitee in defending an Indemnity Claim, (regardless of whether any allegations against such Indemnitee include the commission of any Excluded Acts), may be paid by the Company in advance of the final disposition of such Indemnity Claim upon the Company’s receipt of an undertaking by such Indemnitee to repay such amount if and to the extent that it shall be ultimately determined that such Indemnitee is not entitled to be indemnified by the Company.
Interim Advances. Expenses (including, without limitation, attorneys' fees) incurred by any Indemnified Party in defending a civil or criminal claim, action, suit or proceeding may be paid by the Company in advance of the final disposition of such claim, action, suit or proceeding upon the Company's receipt of an undertaking to repay such amount if and to the extent that it shall be ultimately determined that such Indemnified Party is not entitled to be indemnified by the Company.
Interim Advances. PortaCom has requested that VDC provide certain working capital advances prior to the closing, and VDC has agreed, to provide certain advances to PortaCom in an amount, and for the purposes, to be agreed upon by VDC in its sole discretion. To the extent advances are provided by VDC, PortaCom has agreed, pending whatever regulatory requirements may be applicable, to secure the repayment of such advances by providing a first lien, perfected security interest and pledge in and to the warrants to acquire 4 million common shares of MAC and other collateral as requested by VDC. VDC shall not have any obligation to provide such advances until PortaCom has secured whatever regulatory requirements may be applicable under the circumstances to permit the creation of such security interest.
