LENDER ADVANCES. Xxxxxx may make advances under the mortgage or deed of trust, security agreement or other instrument providing security for this Note, to protect the Lender’s interest in any mortgage or deed of trust, security agreement or other instrument providing security for this Note from loss of value or damage. Any money so advanced (including reasonable costs of recovery and attorneys’ fees) plus interest at the default rate stated in Section 7 of this Note shall become an obligation due and owing under the terms of this Note immediately upon the date advanced by Xxxxxx and is an obligation of Borrower secured by the mortgage or deed of trust, security agreement or other instrument providing security for this Note.
LENDER ADVANCES. Subject to the determination by the Agent and the Lenders that the conditions for borrowing contained in SECTION 5.2 are satisfied, upon receipt of a Notice of Borrowing from the Funds Administrator received by the Agent before 12:00 noon Chicago time on a Business Day, Lender Advances of Revolving Loans shall be made to the extent of each Lender's Proportionate Share of the requested Borrowing.
LENDER ADVANCES. The Lender may, without notice or demand, pay any amount which the Borrower has failed to pay, or perform any act which the Borrower has failed to perform hereunder. In such event such Lender advances, together with interest thereon from the date made, at the highest interest rate allowed under the Credit Agreement shall be (1) added to the Mortgage Debt, (2) payable on demand to the Lender and (3) secured by the lien of this Mortgage.
LENDER ADVANCES. Subject to the determination by the --------------- Agent and the Lenders that the conditions for borrowing contained in Section 5.2 are satisfied, upon receipt of a Notice of Borrowing from the Borrower received by the Agent before noon Chicago time on a Business Day, Lender Advances of Revolving Loans may be made to the extent of each Lender's Proportionate Share of the requested Borrowing. Each Notice of Borrowing shall specify whether the requested Borrowing is of Prime Rate Loans or LIBOR Rate Loans.
LENDER ADVANCES. Provided that Agent is satisfied in its --------------- discretion with Borrower's Loan Request and the representations and warranties contained therein, Agent shall forward to each Lender such Loan Request not later than 1:00 p.m. (San Francisco time) one (1) Business Day after the date of Agent's receipt of a Loan Request for a LIBOR Loan, or not later than 10:00 a.m. (San Francisco time) on the date of funding with respect to the funding of a Base Rate Loan, together with most recent Borrowing Base Certificate, if required, and Agent's request to the Lenders to fund the Borrowing requested (or such lesser amount as Agent shall determine to be appropriate, in the exercise of its discretion). Each Lender shall make the amount of such Lender's Pro Rata Share of the requested Borrowing available to Agent in same day funds, to such account of Agent as Agent may designate, not later than 1:00 p.m. (San Francisco time) on the Funding Date applicable thereto. Revolving Loans made by the Lenders pursuant to this Section 2.3(a) are sometimes referred to herein as -------------- "Lender Advances" and the Lender Advances shall constitute Revolving Loans for --------------- all purposes of this Agreement and the other Loan Documents. After Agent's receipt of the proceeds of any such Lender Advances, unless Agent determines that any applicable condition set forth in Article 10 has not been satisfied, ---------- Agent shall make the proceeds of such Lender Advances available to Borrower on the applicable Funding Date by transferring same day funds equal to the proceeds of such Lender Advances received by Agent to the account of Borrower designated in writing by Borrower; provided, however, that the amount of Lender Advances and other Revolving Loans so made on any date shall in no event exceed the Excess Availability of Borrower, except as permitted in Section 2.3(b)(ii) ------------------ below.
LENDER ADVANCES. The Lender may, in its sole and absolute discretion upon five (5) business days written notice, pay any amount which the Borrower has failed to pay or perform any act which the Borrower has failed to perform under this Loan Agreement. In such event the costs, disbursements, expenses and reasonable counsel fees thereof, together with interest thereon from the date the expense is paid or incurred, at the highest interest rate allowed under this Loan Agreement shall be (i) added to the Obligations, (ii) payable on demand to the Lender and (iii) secured by the Collateral. Nothing herein contained shall obligate the Lender to make such payments nor shall the making of one or more such payments constitute (i) an agreement on the Lender's part to take any further or similar action; or (ii) a waiver of any Event of Default under this Loan Agreement.
LENDER ADVANCES. The Lender may, in its sole and absolute discretion, with at least three (3) business days notice (except in the event of any emergency, in which no notice shall be required, such as lack of insurance coverage for the Borrower's business assets), pay any amount which the Borrower has failed to pay or perform any act which the Borrower has failed to perform under this Loan Agreement. In such event the costs, disbursements, expenses and reasonable counsel fees thereof, together with interest thereon from the date the expense is paid or incurred, at the highest interest rate allowed under this Loan Agreement shall be (i) added to the Obligations, (ii) payable on demand to the Lender and (iii) secured by any collateral held by the Lender. Nothing herein contained shall obligate the Lender to make such payments nor shall the making of one or more such payments constitute (i) an agreement on the Lender's part to take any further or similar action; or (ii) a waiver of any Event of Default under this Loan Agreement.
LENDER ADVANCES. The Lender may, in its sole and absolute discretion and without notice or demand, pay any amount which the Borrower has failed to pay or perform any act which the Borrower has failed to perform under this Loan Agreement. In such event the costs, disbursements, expenses and reasonable counsel fees thereof, together with interest thereon from the date the expense is paid or incurred, at the highest interest rate allowed under this Loan Agreement shall be (i) added to the Obligations, (ii) payable on demand to the Lender. Nothing herein contained shall obligate the Lender to make such payments nor shall the making of one or more such payments constitute (i) an agreement on the Lender's part to take any further or similar action; or (ii) a waiver of any Event of Default under this Loan Agreement.
LENDER ADVANCES. The Borrower hereby irrevocably authorizes the Lender at any time and from time to time, without further request from or notice to the Borrower, to make advances under the Revolving Loan which the Lender, in its sole and absolute discretion, deems necessary or appropriate to protect the Lender’s interests under this Agreement, including, without limitation, advances to cover principal of, and/or interest on, the Loans, the Obligations, Enforcement Costs, and/or any costs, charges, fees (including, without limitation, reasonable attorneys fees), and expenses.
LENDER ADVANCES. The Required Lenders shall notify the Agent of the proposed Lender Advance, including the date on which such Lender Advance is to be made and the principal amount thereof. Upon receipt of the notice, the Agent shall promptly deliver a copy of the notice to the other Lenders and the Borrowers. Each Lender shall have the opportunity to provide the Lender Advance on a pro rata basis (based on such Lender’s Pro Rata Share of the Loans), but no Lender shall be obligated to provide any part of the Lender Advance unless it so agrees.
