Overline Sample Clauses

Overline. Borrower acknowledges that Lender has advised Borrower that Lender does not intend to permit Borrower to incur Obligations at any time in an outstanding principal amount exceeding the Maximum Facility; however, it is agreed that should the Obligations of Borrower to Lender incurred under the Revolving Loan or otherwise exceed that figure or any other limitation herein set forth, including without limitation, the borrowing formulas set forth in Section 2.1 above, all such excess obligations shall (a) constitute Obligations under this Agreement, (b) shall be entitled to the benefit of all security and protection under this Agreement and all Loan Documents and secured by the Collateral and (c) shall be payable immediately upon demand by Lender.
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Overline. (i) Subject to the terms hereof, Bank agrees to extend a revolving seasonal line of credit (the "Overline") to Borrower, in the original principal amount of up to Ten Million Dollars ($10,000,000), for the purpose of financing Borrower's short-term seasonal working capital needs, specifically, payments to be received under documentary letters of credit issued for the benefit of the Borrower for goods sold to Wal-Mart. The Overline will be available during the period commencing on the date hereof and continuing until November 30, 2001 (which date, as extended in accordance with the terms hereof, shall be the "Overline Maturity Date"), provided that advances under the Overline may only be obtained during the period of June 1 through November 30 in each year. Borrower may from time to time borrow, repay and re-borrow, subject to the Borrowing Base Agreement attached hereto as Exhibit "A" and by reference made a part hereof, and the Borrowing Base set forth therein (the "Borrowing Base") for the purpose of reimbursing the Bank for drafts drawn under the letters of credit issued by the Bank. Borrower shall execute and deliver to Bank a promissory note (the "Overline Note") in the principal amount of $10,000,000, which Overline Note shall bear interest and be payable in accordance with the terms set forth hereinbelow. It is further provided that the commitment of the Bank to continue to make the Overline available to the Borrower beyond the Overline Maturity Date is subject to annual review by the Bank (subject to and following receipt of the Borrower's annual report of audit as provided
Overline. Any amount by which the Aggregate Revolving Obligations exceed the Revolving Commitments shall (A) be immediately due and payable on demand and, once paid to Administrative Agent, shall be applied, first, to the payment of any Swingline Loans; second, to all other Revolving Loans which are Base Rate Loans or LIR Loans; third to Revolving Loans which are LIBOR Loans; and, fourth, to Cash Collateralize the LC Obligations; (B) constitute Obligations secured by the Collateral; and (C) be entitled to all benefits of the Loan Documents. In no event shall Administrative Agent be required to honor any request for a Revolving Loan when an Overadvance exists or would result therefrom.
Overline. A new Section 2(e) is hereby added to the Agreement as follows:
Overline. Borrower acknowledges that Lender has advised Borrower that Lender does not intend to permit Borrower to receive Advances at any time in an outstanding principal amount exceeding either the Borrowing Capacity or the Maximum Facility; however, it is agreed that should the outstanding principal balance of Advances exceed either then, all such Obligations shall (a) constitute Obligations under this Agreement, (b) be entitled to the benefit of all security and protection under this Agreement and the other Loan Documents, (c) be secured by the Collateral and (d) be payable immediately without notice or demand by Lender.
Overline. Borrower acknowledges that Lender has advised Borrower that Lender does not intend to permit Borrower to incur Revolving Loans at any time in an outstanding principal amount exceeding the lesser of the Maximum Facility and the Borrowing Base or in excess of any other sublimit contained herein; however, it is agreed that should the outstanding principal amount of the Revolving Loans exceed the Maximum Facility, the Borrowing Base or any other sublimit contained herein, then such excess Revolving Loans shall (a) constitute Obligations under this Agreement, (b) be entitled to the benefit of all security and protection under this Agreement and the other Loan Documents, (c) be secured by the Collateral and (d) be payable immediately without notice or demand by Lender.
Overline. Borrower acknowledges that Lender has advised Borrower that Lender does not intend to permit Borrower to incur Obligations under this Agreement at any time in an outstanding principal amount exceeding the Maximum Facility or the maximum amount of the Revolving Loan; however, it is agreed that should the Obligations of Borrower to Lender incurred under the Loans or otherwise exceed either then, such excess Obligations shall (a) constitute Obligations under this Agreement, (b) be entitled to the benefit of all security and protection under this Agreement and the other Loan Documents, and (c) be payable immediately without notice or demand by Lender.
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Overline. In the event that the Company draws down the full $3 million amount available under the Amendment #1 to the Revolving Note Agreement dated April 5, 2007 ("Note") on or prior to December 31, 2007, and the Company requires additional working capital to pursue its business strategy and operations and has not closed on alternative debt or equity financing aggregating at least $1 million, Angus Capital Partners agrees to fund up to an additional $1 million during 2007 under the same terms and conditions as set forth in the Note.
Overline. (a) Borrowers acknowledge that Lender has advised Borrowers of each and all of the following:

Related to Overline

  • Use of Buildings In addition to use and control of the Church and parish buildings for the discharge of duties of the Xxxxxx’x office, as provided by canon law, the Xxxxxx shall have the right to grant use of the buildings to individuals or groups from outside the parish, following guidelines approved by both the Xxxxxx and Vestry.

  • Unscheduled Maintenance Unscheduled maintenance may be required to resolve issues that are critical for Customer and/or performance of the Cloud Services. Druva will use its commercially reasonable efforts to notify Customer at least six (6) hours prior to the unscheduled maintenance.

  • RECORDS MANAGEMENT AND MAINTENANCE 35 A. CONTRACTOR, its officers, agents, employees and subcontractors shall, throughout the term 36 of this Agreement, prepare, maintain and manage records appropriate to the services provided and in 37 accordance with this Agreement and all applicable requirements.

  • LANDLORD'S MAINTENANCE Subject to the provisions of Articles 4 and 14, Landlord shall, as an Operating Expense, maintain and make necessary repairs to the foundations, roofs, exterior walls, and the structural elements of the Building, the electrical, plumbing, heating, ventilating, air-conditioning, mechanical, communication, security and the fire and life safety systems of the Building and those corridors, washrooms and lobbies which are Common Areas of the Building, except that: (a) Landlord shall not be responsible for the maintenance or repair of any floor or wall coverings in the Premises or any of such systems which are located within the Premises and are supplemental or special to the Building’s standard systems; and (b) the cost of performing any of said maintenance or repairs whether to the Premises or to the Building caused by the negligence of Tenant, its employees, agents, servants, licensees, subtenants, contractors or invitees, shall be paid by Tenant, subject to the waivers set forth in Section 16.4. Landlord shall not be liable to Tenant for any expense, injury, loss or damage resulting from work done in or upon, or in connection with the use of, any adjacent or nearby building, land, street or alley.

  • Payments to Lenders If a Lender (a “Recovering Lender”) receives or recovers any amount from an Obligor other than in accordance with Clause 29 (Payment mechanics) and applies that amount to a payment due under the Finance Documents then:

  • RECORDS MAINTENANCE The CONTRACTOR shall maintain books, records, documents, data and other evidence relating to this contract and performance of the services described herein, including but not limited to accounting procedures and practices that sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this contract. CONTRACTOR shall retain such records for a period of six years following the date of final payment. At no additional cost, these records, including materials generated under the contract, shall be subject at all reasonable times to inspection, review or audit by the AGENCY, personnel duly authorized by the AGENCY, the Office of the State Auditor, and federal and state officials so authorized by law, regulation or agreement. If any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved.

  • LANDLORD’S MAINTENANCE AND REPAIR Subject to Section 7.1 and Article XI, Landlord shall maintain in good operating condition and repair all parts of the Premises that are not Tenant’s obligation under Section 7.1 and all areas outside of the Premises including, without limitation, all portions and elements of the roof (including sky lights and related seals), foundations, footings, the exterior surfaces of the exterior walls of the Building (including exterior glass and doors), structural walls, passenger and freight elevators and the structural, life/safety, electrical and mechanical systems (except for HVAC systems and equipment) in or serving the Building, except that Tenant at its expense shall make all repairs which Landlord deems reasonably necessary as a result of the act or negligence of Tenant, its agents, employees, invitees, subtenants or contractors. Landlord shall have the right to employ or designate any reputable person or firm, including any employee or agent of Landlord or any of Landlord’s affiliates or divisions, to perform any service, repair or maintenance function. Landlord need not make any other improvements or repairs except as specifically required under this Lease, and nothing contained in this Section shall limit Landlord’s right to reimbursement from Tenant for reasonable maintenance, repair costs and replacement costs as provided elsewhere in this Lease (but subject to any limitations therein provided). Tenant understands that it shall not make repairs at Landlord’s expense or by rental offset. Tenant further understands that Landlord shall not be required to make any repairs to the roof, foundations, footings, the exterior surfaces of the exterior walls of the Building (excluding exterior glass), or structural, electrical or mechanical systems unless and until Tenant has notified Landlord in writing of the need for such repair and Landlord shall have a reasonable period of time thereafter to commence and complete said repair, if warranted. Except as set forth in Sections 2.4 and 4.2 of this Lease, all costs of any maintenance, repairs and replacement on the part of Landlord provided hereunder shall be considered part of Project Costs.

  • Rentable Area 6.1. The term “

  • Records Maintenance; Access Contractor shall maintain all financial records relating to this Contract in accordance with generally accepted accounting principles. In addition, Contractor shall maintain any other records, books, documents, papers, plans, records of shipments and payments and writings of Contractor, whether in paper, electronic or other form, that are pertinent to this Contract (“Records”) in such a manner as to clearly document Contractor's performance. Contractor acknowledges and agrees that Agency and the Oregon Secretary of State's Office and the federal government and their duly authorized representatives will have access to such financial records and other Records that are pertinent to this Contract, whether in paper, electronic or other form, to perform examinations and audits and make excerpts and transcripts. Contractor shall retain and keep accessible all such financial records and other Records for a minimum of 6 years, or such longer period as may be required by applicable law, following final payment and termination of this Contract, or until the conclusion of any audit, controversy or litigation arising out of or related to this Contract, whichever date is later.

  • Scheduled Maintenance Maintenance window for disruptive work to Service will be limited 12:00 A.M. to 4:00 A.M., Central Daylight Time (CDT), any day with requirement of one (1) calendar week notification to Customer prior to maintenance. LightEdge will send an e-mail notification of such disruptive maintenance to Service to Authorized Contacts of Customer. Once notification is sent to Customer this will be considered a “Scheduled Maintenance”. Any Service SLAs will NOT apply during a Scheduled Maintenance.

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