Common use of Making Advances Clause in Contracts

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. (b) Borrower may use loan proceeds for any business purpose of Borrower. (c) Nothing herein shall obligate the Lender to make any Advance in excess of the maximum amount of the Credit Facility, nor prohibit the Lender from lending in excess of the maximum amount of the Credit Facility, the making of any or all Advances in excess of the maximum amount of the Credit Facility to be in the sole and absolute discretion of the Lender. If at any time an excess shall exist for any reason other than as specifically authorized by Lender, the Borrower shall repay to the Lender forthwith, without notice or demand, such amount as shall be necessary to eliminate such excess. (d) The Borrower shall give the Lender written or telegraphic notice of its request for an Advance by submitting a Request Notice at least three (3) Business Days prior to the requested date of the Advance. Each Request Notice shall specify the date and the amount of the requested Advance. Each Advance shall be in the minimum amount of $5,000.00 and in integral multiples of $1,000.00. The Lender shall make each Advance in immediately available funds by wire transfer to a deposit account designated by Borrower at its financial institution, as soon as practicable, but in no event later than 3 business days following the receipt by Lender of a Request Notice. (e) The Lender shall not be obligated to make Advances aggregating in excess of $12,000,000 during any fiscal quarter of Borrower.

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. (ba) Borrower may use loan proceeds for any business purpose of Borrower. (cb) Nothing herein shall obligate the Lender to make any Advance in excess of the maximum amount of the Credit Facility, nor prohibit the Lender from lending in excess of the maximum amount of the Credit Facility, the making of any or all Advances in excess of the maximum amount of the Credit Facility to be in the sole and absolute discretion of the Lender. If at any time an excess shall exist for any reason other than as specifically authorized by Lender, the Borrower shall repay to the Lender forthwith, without notice or demand, such amount as shall be necessary to eliminate such excess. (dc) The Borrower shall give the Lender written or telegraphic notice of its request for an Advance by submitting a Request Notice at least three (3) Business Days prior to the requested date of the Advance. Each Request Notice shall specify the date and the amount of the requested Advance. Each Advance shall be in the minimum amount of $5,000.00 and in integral multiples of $1,000.00. The Lender shall make each Advance in immediately available funds by wire transfer to a deposit account designated by Borrower at its financial institution, as soon as practicable, but in no event later than 3 business days following the receipt by Lender of a Request Notice. (ed) The Lender shall not be obligated to make Advances aggregating in excess of $12,000,000 during any fiscal quarter of Borrower.

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 Additional Standby 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. (b) Borrower may use loan proceeds for any business purpose of Borrower. (c) Nothing herein shall obligate the Lender to make any Advance in excess of the maximum amount of the Credit Facility, nor prohibit the Lender from lending in excess of the maximum amount of the Credit Additional Standby Facility, the making of any or all Advances in excess of the maximum amount of the Credit Additional Standby Facility to be in the sole and absolute discretion of the Lender. If at any time an excess shall exist for any reason other than as specifically authorized by Lender, the Borrower shall repay to the Lender forthwith, without notice or demand, such amount as shall be necessary to eliminate such excess. (d) The Borrower shall give the Lender written or telegraphic notice of its request for an Advance by submitting a Request Notice at least three (3) Business Days prior to the requested date of the Advance. Each Request Notice shall specify the date and the amount of the requested Advance. Each Advance shall be in the minimum amount of $5,000.00 and in integral multiples of $1,000.00. The Lender shall make each Advance in immediately available funds by wire transfer to a deposit account designated by Borrower at its financial institution, as soon as practicable, but in no event later than 3 business days three (3) Business Days following the receipt by Lender of a Request Notice. (e) The Lender shall not be obligated to make Advances aggregating in excess of $12,000,000 during any fiscal quarter of Borrower.

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. (b) Loan proceeds may be used by Borrower may use loan proceeds for any business purpose of Borrower. (c) Nothing herein shall obligate the Lender to make any Advance in excess of the maximum amount of the Credit Facility, nor prohibit the Lender from lending in excess of the maximum amount of the Credit Facility, the making of any or all Advances in excess of the maximum amount of the Credit Facility to be in the sole and absolute discretion of the Lender. If at any time an excess shall exist for any reason other than as specifically authorized by Lenderexist, the Borrower shall repay to the Lender forthwith, without notice or demand, such amount as shall be necessary to eliminate such excess. (d) The Borrower shall give the Lender at least three (3) Business Days' prior written or telegraphic notice of its request for an Advance by submitting a Request Notice at least three (3) Business Days prior to the requested date of the Advance. Each Request Notice such notice shall specify the date and the amount of the requested AdvanceAdvance and shall be in the form attached hereto as Exhibit II (a "Request Notice"). Each Advance shall be in the minimum amount of $5,000.00 and in integral multiples of $1,000.00. The Lender shall make each Advance in immediately available funds by wire transfer to a deposit account designated by Borrower at its financial institution, as soon as practicable, but in no event later than 3 business days following the receipt by Lender of a Request Notice. (e) The Lender shall not be obligated to make Advances aggregating in excess of $12,000,000 during any fiscal quarter of Borrower.