Making Advances. To refrain from making any advances under this Agreement but Lessor may make advances after the happening of any such event without thereby waiving the right to refrain from making other further advances or to exercise any of the other rights Lessor may have.
Making Advances. (a) Each Borrowing of Advances under the Revolving Loan shall be made upon the written notice of Company, received by Administrative Agent not later than (i) 12:00 noon three Business Days prior to the proposed date of the Borrowing, in the case of LIBOR Advances and (ii) not later than 10:00 a.m. on the date of such Borrowing, in the case of Base Rate Advances. Each such notice of a Borrowing (a "Borrowing Notice") shall be by telecopy, promptly confirmed by letter, in substantially the form of Exhibit E hereto specifying therein:
Making Advances. (a) Each Borrowing shall be made on notice, given (i) with respect to any Borrowing consisting of Reference Rate Advances, not later than 1:30 p.m., Los Angeles time, on the Business Day before the date of the proposed Borrowing, (ii) with respect to any Borrowing consisting of Base Rate Advances, not later than 9:30 a.m., Los Angeles time, on the Business Day before the date of the proposed Borrowing and (iii) with respect to any Borrowing consisting of LIBOR Advances, not later than 9:30 a.m., Los Angeles time, on the third Business Day before the date of the proposed Borrowing, each such notice to be given by the Borrower to the Administrative Agent, which shall give each Lender prompt notice thereof by telecopier. Each such notice of a Borrowing shall be in writing in the form of Exhibit E (a “Notice of Borrowing”), or by telephone confirmed promptly in writing, by an Authorized Officer, specifying (A) the requested date of such Borrowing (which shall be a Business Day), (B) the requested Type of Advances making up such Borrowing, (C) the requested aggregate amount of such Borrowing, which shall be $500,000 (or, in the case of a Borrowing consisting of LIBOR Advances, $2,000,000) or an integral multiple of $250,000 in excess thereof, (D) in the case of a Borrowing consisting of LIBOR Advances or Base Rate Advances, the requested initial Interest Period for such Advances and (E) the fact that the statements set forth in Section 4.2(b) are true as of the date of such Borrowing. Each Lender shall, before 11:00 a.m., Los Angeles time, on the day of such Borrowing, make available to the Administrative Agent at its address in Los Angeles referred to in Section 10.2, in immediately available funds, such Lender’s ratable portion of such Borrowing. After the Administrative Agent’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article 4, the Administrative Agent will make such funds available to the Borrower by crediting the Borrower’s concentration account number 0880412175 at the Administrative Agent’s aforesaid address. Notwithstanding the provisions of the first sentence of this Section 2.4(a), if the Borrower gives the Administrative Agent notice, by telephone confirmed promptly by telecopier, of a Borrowing consisting of Reference Rate Advances by 9:30 a.m., Los Angeles time, on the day of the proposed Borrowing, the Administrative Agent and the Lenders will use commercially reasonable efforts (but shall not be obliga...
Making Advances. (a) Each Borrowing of Advances under the Loan prior to the Conversion Date shall be made upon the written notice of Company, received by Administrative Agent not later than (i) 12:00 noon three Business Days prior to the proposed date of the Borrowing, in the case of LIBOR Advances and (ii) not later than 10:00 a.m. on the date of such Borrowing, in the case of Base Rate Advances. Each such notice of a Borrowing (a "BORROWING NOTICE") shall be by telecopy, promptly confirmed by letter, in substantially the form of EXHIBIT E hereto specifying therein:
Making Advances. (a) Revolver A Advances Prior to the Conversion Date, Revolver B Advances and Term Loan Advances. Each Borrowing of Revolver A Advances prior to the Conversion Date, Revolver B Advances and the Term Loan Advances shall be made upon the written notice of the Borrower, received by Administrative Agent not later than (i) 10:00 a.m. pacific time three Business Days prior to the date of the proposed Borrowing, in the case of Advances which are LIBOR Advances and (ii) 9:00 a.m. pacific time on the date of such Borrowing, in the case of Advances which are Base Rate Advances. Each such notice of a Borrowing (a "Borrowing Notice") shall be by telecopy or telephone, promptly confirmed by letter, in substantially the form of Exhibit F hereto specifying therein:
Making Advances. Each Advance under New Note I shall be made on written, oral, electronic or telephonic request from any Person purporting to be authorized to request Advances on behalf of the Borrower, which notice or request shall specify the date of the requested Advance and the amount thereof. Upon the Borrower’s fulfillment of the applicable conditions set forth in Article III, the Bank may disburse the amount of the requested Advance by crediting the same to the Borrower’s demand deposit account maintained with the Bank or in such other manner as the Bank and the Borrower may from time to time agree. Any request for an Advance, whether written, oral, electronic or telephonic, shall be deemed to be a representation that the statements set forth in Section 3.2 are correct. Any Advance request pursuant to Section 2.4A shall be made at least one bank business day prior to the date of the desired Advance and shall be in an amount not less than $100,000 and shall be made by Xxxxx Xxxxxxxx or Xxxxx X. Xxxxx or Xxx Xxxxxxxxxxxx or Xxxxx Xxxxxxxxxxxx on behalf of the Borrower. Notwithstanding the immediately foregoing sentence, in the absence of bad faith on the part of the Bank, the Borrower shall be obligated to repay all Advances notwithstanding the fact that the Person requesting the same was not in fact authorized to do so.
Making Advances. Each Working Capital Advance shall be made within two business days of written notice (or telephonic notice confirmed in writing) given by noon (Austin, Texas time) on a business day of Lender by Borrower to Lender specifying the amount and date thereof (which may be the same business day) and if sent by wired funds, at Lender's option, the wiring instructions of the deposit account of Borrower to which such Working Capital Advance is to be deposited. ---------------
Making Advances. (a) Each Advance by any of the Investors or the Banks shall be made on at least three Business Days' notice from the Borrower to the Program Agent and each Investor Agent, provided that Advances shall be made not more than six (6) times in any Month. Each such notice of an Advance shall specify (i) the amount requested to be paid to the Borrower (such amount, which shall not be less than $1,000,000, being referred to herein as the initial "Principal" of the Advance then being made), (ii) the allocation of such amount among each of the Groups (which shall be proportional to the Investor Facility Amount of each Group), and (iii) the date of such Advance (which shall be a Business Day). Each Investor shall promptly notify the Program Agent whether such Investor has determined not to make the requested Advance on the terms specified by the Borrower. The Program Agent shall promptly thereafter notify the Borrower whether the Investors have determined not to make the requested Advance. All Advances by members of each Group shall be evidenced by a Note to the order of the Investor Agent for such Group. If any Investor has determined not to make the entire amount of a proposed Advance requested to be made by it, the Investor Agent for such Investor shall promptly send notice of the proposed Advance to all of the Related Banks for such Investor concurrently by telecopier, telex or cable specifying the date of such Advance, the aggregate amount of Principal of each Advance to be made by such Related Banks (which amount shall be equal to the portion of the initial Principal requested to be funded by such Investor, which such Investor determined not to fund), each such Related Bank's portion thereof (determined ratably in accordance with its respective Bank Commitment), whether the Yield for the Fixed Period for such Advance is calculated based on the Eurodollar Rate (which may be selected only if such notice is given at least three Business Days prior to the date of such Advance) or the Alternate Base Rate, and the duration of the Fixed Period for such Rate Tranche (which shall be one day if the Borrower has not selected another period and such Advance is to be funded at the Alternate Base Rate); provided, however, that during the Term Period for any Group, each Bank in such Group shall, at least two Business Days prior to the date of such Advance, instruct the Program Agent to provide written instruction to the Disbursement Agent to wire (or otherwise transfer in im...
Making Advances. (a) Each Advance shall be made (or continued for an additional Interest Period, if applicable), following a Notice of Borrowing received by FUNB not later than 2:00 P.M. (Eastern Standard Time) on (i) in the case of a LIBOR Advance, the 4th Business Day prior to, or (ii) in the case of a Prime Advance, the 2nd Business Day prior to, the requested Funding Date (which requested Funding Date must be a Business Day); provided, however, that:
Making Advances. (a) Upon the terms and subject to the conditions herein set forth, the Lender shall from time to time make Advances to the Borrower under the Loan up to an aggregate principal amount at any one time outstanding not to exceed an amount equal to the Credit Facility. Any sums advanced pursuant to this Section and subsequently repaid may be re-borrowed from time to time, subject to the requirements of Section 2.02.
