Second Borrowing Sample Clauses

Second Borrowing. An advance of at least $10,000,000 has occurred pursuant to Section 6.02 as the Second Borrowing.

Second Borrowing. A second Borrowing of less than $20,000,000 has occurred pursuant to Section 6.02.

Second Borrowing. A second Borrowing has occurred pursuant to Section 6.02.”

Second Borrowing. On the date of the Second Borrowing, if any: (a) The Investors shall have made the Merger Date Equity Contribution, and the other Transactions to occur on the Merger Date shall have occurred, on or before the date of the Second Borrowing. (b) At the time of and immediately following the Second Borrowing, there shall not have occurred and be continuing an Event of Default or Default under clause (b), (c) (without regard to any applicable grace period), (g) (without regard to any applicable grace period), (h), (l) or (m) of Article VII. (c) The Lenders shall not have accelerated any or all Loans hereunder. (d) There shall not have occurred and be continuing any payment default or payment event of default with respect to the Existing Notes, the Existing Credit Agreement (or the Replacement Credit Facility, as applicable) or the RES Facility (or any indebtedness refinancing the RES Facility). (e) There shall not be in effect a temporary restraining order, preliminary or permanent injunction or other order issued by any court of competent jurisdiction or other legal restraint or prohibition preventing or rendering illegal the consummation of the Merger, and there shall not be pending any proceeding by any Governmental Authority seeking any of the foregoing. (f) The representations set forth in Sections 3.01, 3.02, 3.03, 3.04 and 3.11(b) shall be true and correct in all material respects on and as of the date of the Second Borrowing with the same effect as though made on and as of such date, except to the extent such representations and warranties expressly relate to an earlier date. (g) The Administrative Agent shall have received a notice of Borrowing as required by Section 2.03. (h) The Administrative Agent shall have received a certificate of the Borrower dated the date of the Second Borrowing signed by a Financial Officer and on behalf of the Borrower, confirming compliance with the conditions precedent set forth in paragraphs (b), (d) and (f) of this Section 4.02. (i) The Merger shall be consummated simultaneously with the Second Borrowing in accordance with applicable law, the Merger Agreement and all related documentation, in each case in the form previously approved by the Administrative Agent, and otherwise on terms reasonably satisfactory to the Administrative Agent. (j) After giving effect to the Merger, RES shall have outstanding no Capital Stock other than common stock owned by the Borrower. The Second Borrowing shall be deemed to constitute a repr...

Second Borrowing. In the case of the second Borrowing:

Second Borrowing. The obligation of any Lender to make a Loan on the second Borrowing Date (if any) is subject to the satisfaction of the following conditions: (a) the Closing Date shall have occurred; (b) such Borrowing Date is the first day of an Interest Period for Loans outstanding on such date; (c) the Administrative Agent shall have received a Notice of Borrowing as required by Section 2.02; and (d) the Documentation Agent shall have received a certificate dated such Borrowing Date and signed by a Responsible Officer to the effect that: (i) immediately before and after the making of such Loan, no Default shall have occurred and be continuing; and (ii) the representations and warranties of the Company contained in this Agreement are true on and as of such Borrowing Date, both immediately before and immediately after the making of such Loan, except to the extent that any such representation or

Second Borrowing. On November 14, 2019, Company submitted a Notice of Borrowing under the NPA for a borrowing in the principal amount of One Million United States Dollars ($1,000,000.00) (the “First Borrowing”). At the time of Company’s next borrowing under the NPA (the “Second Borrowing”), Company agrees to allow the Joining Purchasers to contribute their pro rata share of the First Borrowing, which pro rata amount is equal to an aggregate amount of Forty Three Thousand Seven Hundred Sixty Three and 68/100 United States Dollars ($43,763.68), and the remainder of the amount requested under the Second Borrowing shall be contributed by all Purchasers, including the Joining Purchasers, pro rata based on each Purchaser’s Loan Commitment as compared to the Total Loan Commitment.