Making the Term Loan. (a) The Administrative Borrower shall give the Agent prior notice (in writing, in substantially the form of Exhibit D hereto (a “Notice of Borrowing”)), not later than 12:00 noon (New York City time) on the date which is five (5) Business Days prior to the Effective Date (or such shorter period as the Agent is willing to accommodate from time to time, but in no event later than 12:00 noon (New York City time) on the Effective Date). Such Notice of Borrowing shall be irrevocable and shall specify (i) the principal amount of the proposed Loan, (ii) the use of the proceeds of such proposed Loan, and (iii) the proposed borrowing date, which must be the Effective Date. The Agent and the Lenders may act without liability upon the basis of written, telecopied or telephonic notice believed by the Agent in good faith to be from the Administrative Borrower (or from any authorized signatory thereof designated in writing purportedly from the Administrative Borrower to the Agent). The Agent and each Lender shall be entitled to rely conclusively on any authorized signatory’s authority to request a Loan on behalf of the Borrowers until the Agent receives written notice to the contrary. The Agent and the Lenders shall have no duty to verify the authenticity of the signature appearing on any written Notice of Borrowing.
Making the Term Loan. (a) [Intentionally Omitted].
Making the Term Loan. The Agent shall, promptly after receipt by it of a Loan Request for or with respect to the Term Loan pursuant to Section 2.4 [Term Loan Requests], notify the Lenders of its receipt of such Loan Request specifying: (i) the proposed Borrowing Date and the time and method of disbursement of the Term Loan requested thereby; (ii) the amount and type of each portion of the Term Loan and the applicable Interest Period (if any); and (iii) the apportionment among the Lenders of the Term Loan as determined by the Agent in accordance with Section 2.2 [
Making the Term Loan. The Administrative Agent shall, promptly after receipt by it of a Loan Request pursuant to Section 2.4 [Term Loan Request], notify the Lenders of its receipt of such Loan Request specifying: (i) the proposed Borrowing Date and the time and method of disbursement of the Term Loan requested thereby; (ii) the amount of the Term Loan; and (iii) the apportionment among the Lenders of the Term Loan as determined by the Administrative Agent in accordance with Section 2.2 [Nature of Lenders’ Obligations With Respect to the Term Loan]. Each Lender shall remit the principal amount of the Term Loan to the Administrative Agent such that the Administrative Agent is able to, and the Administrative Agent shall, to the extent the Lenders have made funds available to it for such purpose, fund the Term Loan to the Borrower in U.S. Dollars and immediately available funds prior to 12:00 p.m., New York City time, on the Borrowing Date.
Making the Term Loan. (a) Upon fulfillment of the applicable conditions set forth in Article IV hereof, the Lender will make available the initial advances of the Term Loan to the Borrower in an amount not to exceed $217,259.99 by delivering the proceeds thereof to Borrower's creditors and vendors in immediately available funds (either in the form of a certified bank check or wire transfer). At the Closing, Lender will deliver funds payable to (A) Tessenderlo Xxxxxx, Inc. in the amount of $100,000 (or such lesser amount as Tessenderlo Xxxxxx, Inc. may accept in satisfaction of Borrower's obligations under the TKI Agreement); (B) Xxxxx X. Xxxxxxxx in the amount of $9,172.10; (C) Xxxxx Xxxxxxxx in the amount of $17,857.89; (D) Xxxxxxx Xxxxxx L.L.P. in an amount not to exceed $25,000; (E) Xxxxx Xxxxxx in the amount of $14,000; (F) Metropolitan Title in the amount of $3,730.00; and (G) Sabal Corp. in the amount of $47,500.00.
Making the Term Loan. The Borrower shall give the Agent prior telephonic notice (immediately confirmed in writing, substantially in the form of Exhibit G (a "NOTICE OF BORROWING")), not later than 12:00 noon (New York City time) on the date which is one (1) Business Day prior to the Effective Date. Such Notice of Borrowing shall be irrevocable and shall specify (i) the principal amount of the Term Loan, (ii) the use of the proceeds of the Term Loan, and (iii) the proposed borrowing date, which must be a Business Day. The Agent and the Lenders may act without liability upon the basis of written, telecopied or telephonic notice believed by the Agent in good faith to be from the Borrower (or from any Authorized Officer thereof designated in writing purportedly from the Borrower to the Agent). The Borrower hereby waives the right to dispute the Agent's record of the terms of any such telephonic Notice of Borrowing. The Agent and each Lender shall be entitled to rely conclusively on any Authorized Officer's authority to request the Term Loan on behalf of the Borrower until the Agent receives written notice to the contrary. The Agent and the Lenders shall have no duty to verify the authenticity of the signature appearing on any written Notice of Borrowing.
Making the Term Loan. Upon fulfillment of the applicable conditions set forth in Section 5 hereof (or the waiver thereof by the Lender as herein prescribed), the Lender shall make its Term Loan to be made by it hereunder on the Closing Date by wire transfer of immediately available funds by 2:00 p.m., New York City time, to the Borrower’s Account (or as directed by the Borrower pursuant to the pay-off letter for the Existing Facility).
Making the Term Loan. (a) Borrower shall provide Lender notice of borrowing hereunder at least 3 Business Days in advance of the Funding Date, setting forth the anticipated Funding Date and the principal amount of the Term Loan to be advanced on the Funding Date.
Making the Term Loan. (a) The Borrower shall give the Administrative Agent a notice in writing, in substantially the form of Exhibit 2.02 hereto (a “Notice of Borrowing”) not later than 12:00 noon (New York City time) on the date which is 1 Business Day prior to the Effective Date (or such shorter period as the Administrative Agent is willing to accommodate). Such Notice of Borrowing shall be irrevocable and shall specify (i) the principal amount of the Term Loan, and (ii) the proposed borrowing date, which must be the Effective Date. The Administrative Agent and the Lenders may act without liability upon the basis of such Notice of Borrowing believed in good faith by the Administrative Agent to be from the Borrower (or from any Authorized Officer thereof designated in writing purportedly from the Borrower to the Administrative Agent). The Administrative Agent and the Lenders shall have no duty to verify the authenticity of the signature appearing on the Notice of Borrowing.
Making the Term Loan. Each Lender shall remit the principal amount of the Term Loan to the Administrative Agent such that the Administrative Agent is able to, and the Administrative Agent shall, to the extent the Lenders have made funds available to it for such purpose, fund the Term Loan to Borrower in U.S. Dollars and immediately available funds on the Borrowing Date.
