Special Funding Option Sample Clauses

Special Funding Option. (a) Notwithstanding anything to the contrary contained herein, any Lender (for the purposes of this Section 9.16, a "Granting Lender") may grant to a special purpose funding vehicle (for the purposes of this Section 9.16, an "SPC") the option to make, on behalf of such Granting Lender, all or a portion of the Loans which such Granting Lender is obligated to make (a "Funding Obligation") under the Revolving Credit Facility, such option to be exercisable in the sole discretion of the SPC, provided, however, that
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Special Funding Option. 94 EXHIBIT A Applicable Commitment Percentages......................A-1 EXHIBIT B Form of Assignment and Acceptance......................B-1 EXHIBIT C Notice of Appointment (or Revocation) of Authorized Representative.........................................C-1 EXHIBIT D Form of Borrowing Notice...............................D-1 EXHIBIT E Form of Interest Rate Selection Notice.................E-1 EXHIBIT F-1 Form of Tranche A Note...............................F-1-1 EXHIBIT F-2 Form of Tranche B Note...............................F-2-1 EXHIBIT G Form of Opinion of Borrower's Counsel..................G-1 EXHIBIT H Compliance Certificate.................................H-1 Schedule 1.1 Existing Letters of Credit.............................S-1 Schedule 7.3 Subsidiaries and Investments in Other Persons..........S-2 Schedule 7.5 Indebtedness...........................................S-3 Schedule 7.6 Liens..................................................S-4 Schedule 7.7 Tax Matters............................................S-5 Schedule 7.9 Litigation.............................................S-6 Schedule 7.17 Environmental Matters..................................S-7 CREDIT AGREEMENT THIS CREDIT AGREEMENT, dated as of August 31, 1999 (the "Agreement"), is made by and among: KELLWOOD COMPANY, a Delaware corporation having its principal place of business in St. Louis, Missouri (the "Borrower"), BANK OF AMERICA, N.A., a national banking association organized and existing under the laws of the United States, in its capacity as a Lender ("Bank of America"), and each other financial institution executing and delivering a signature page hereto and each other financial institution which may hereafter execute and deliver an assignment and acceptance with respect to this Agreement pursuant to Section 12.1 (hereinafter such financial institutions may be referred to individually as a "Lender" or collectively as the "Lenders"), BANK OF AMERICA, N.A., a national banking association organized and existing under the laws of the United States, in its capacity as Administrative Agent for the Lenders (in such capacity, and together with any successor agent appointed in accordance with the terms of Section 11.7, the "Agent"); THE BANK OF NOVA SCOTIA, a bank governed by the Bank Act (Canada), through its United States division, in its capacity as Documentation Agent, and THE CHASE MANHATTAN BANK, a state bank chartered under the laws of New York, in its capacity as Syndication ...
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Special Funding Option. (a) Notwithstanding anything to the contrary contained herein, but subject to subparagraph (b) below, any Lender (a "Granting Lender") may grant to a special purpose funding vehicle (a "SPC"), identified as such in writing from time to time by the Granting Lender to the Agent and the Borrower, the option to provide to the Borrower all or part of any advance of a Loan that such Granting Lender would otherwise be obligated to make to the Borrower (a "Funding Obligation") pursuant to this Agreement; PROVIDED THAT (A) nothing herein shall constitute a commitment by any SPC to make any advance of a Loan; (B) if an SPC elects not to exercise such option or otherwise fails to provide all or any part of such advance of a Loan, the Granting Lender shall be obligated to make such advance 98 105 pursuant to the terms hereof; and (C) the SPC shall have debt obligations which have been assigned a rating by one or more rating agencies which rating is at least equal to the rating assigned to similar debt obligations of the Granting Lender. The making of an advance of a Loan by an SPC hereunder shall utilize the Commitment of the Granting Lender to the same extent, and as if, such advance were made by such Granting Lender. Each party hereto hereby agrees that no SPC shall be liable for any indemnity or similar payment obligation under this Agreement (all liability for which shall remain with the Granting Lender). In furtherance of the foregoing, each party hereto hereby agrees (which agreement shall survive the termination of this Agreement) that, prior to the date that is one year and one day after the payment in full of all outstanding commercial paper or other senior indebtedness of any SPC, it will not institute against, or join any other person in instituting against, such SPC any bankruptcy, reorganization, arrangement, insolvency, or liquidation proceedings under the laws of the United States or any State thereof, with respect to any claims arising or related to this Agreement. In addition, notwithstanding anything to the contrary contained in this Section 13.16, any SPC may (I) with notice to, but without the prior written consent of, the Borrower and the Agent and without paying any processing fee therefor, assign all or a portion of its interests in any advances of Loans to the Granting Lender and (II) disclose on a confidential basis in compliance with the terms of Section 13.15 hereof any non-public information relating to its advances of Loans to any rating a...
Sample 1
Special Funding Option. (a) Notwithstanding anything to the contrary contained herein, any Lender (for purposes of this Section 12.17, a "Granting Lender") may grant to a special purpose funding vehicle (for the purposes of this Section 12.17, an "SPC") the option to make, on behalf of such Granting Lender, all or a portion of the Advances which such Granting Lender is obligated to make (a "Funding Obligation") under the Tranche A Revolving Credit Facility, the Tranche B Revolving Credit Facility and the Letter of Credit Facility, such option to be exerciseable in the sole discretion of the SPC; provided, however, that notwithstanding the granting of such option to the SPC, or the exercise of such option by the SPC:
Sample 1
Special Funding Option. 116 SCHEDULES: Schedule 2.01 -- Commitments Schedule 2.01A-- Revolving Commitments as of Amendment Effectiveness Date Schedule 3.03 -- LLC Approvals Schedule 3.05 -- Properties Schedule 3.06 -- Disclosed Matters Schedule 3.12 -- Subsidiaries Schedule 3.13 -- Insurance Schedule 3.17 -- Mortgages Schedule 4.02 -- Immaterial Subsidiaries Schedule 6.01 -- Existing Indebtedness Schedule 6.02 -- Existing Liens Schedule 6.05 -- Existing Investments Schedule 6.10 -- Existing Restrictions Schedule 6.13 -- Unrestricted Subsidiaries as of the Amendment Effectiveness Date EXHIBITS: Exhibit A -- Form of Assignment and Acceptance Exhibit B -- Form of Perfection Certificate Exhibit C -- [omitted] Exhibit D -- Form of RC Guarantee Agreement Exhibit E -- Form of Term Loan Guarantee Agreement Exhibit F -- Form of Shared Collateral Pledge Agreement Exhibit G -- Form of Shared Collateral Security Agreement Exhibit H -- Form of Term Loan Security Agreement Exhibit I -- Form of RC Indemnity, Subrogation and Contribution Agreement Exhibit J -- Form of Term Loan Indemnity, Subrogation and Contribution Agreement Exhibit K -- [omitted] Exhibit L -- [omitted] Exhibit M -- [omitted] Exhibit N -- Form of Loan Allocation Agreement Exhibit O -- Permitted Indemnification Obligations AMENDED AND RESTATED CREDIT AGREEMENT dated as of September 30, 1999 among XXXXX 0 XXXXXXXXXXXXXX, XXX., XXXXX 0 COMMUNICATIONS, LLC, XXXXX 0 XXXXXXXXXXXXX XXXXXXXX, XXX., XXXXX 0 INTERNATIONAL, INC., BTE EQUIPMENT, LLC, ELDORADO FUNDING, LLC, the LENDERS party hereto, and JPMORGAN CHASE BANK, as Administrative Agent and Collateral Agent. The parties hereto agree as follows:
Sample 1
Special Funding Option. 132 SECTION 12.17. Judgment Currency........................................................................133 AMENDED AND RESTATED CREDIT AGREEMENT THIS AMENDED AND RESTATED CREDIT AGREEMENT, dated as of November 13, 2001, is among MOBILE STORAGE GROUP, INC., a California corporation (the "US Borrower"), MOBILE STORAGE (U.K.) LIMITED, a company organized under the laws of England with registered number 3836369 (the "UK Borrower", and together with the US Borrower, the "Borrowers" and each a "Borrower"), the various financial institutions as are or may become parties hereto which extend a Commitment (such term and other capitalized terms being used herein with the meanings provided in Section 1.1) under the US Credit Facilities (collectively with any Person becoming an Assignee Lender in respect of any US Loans, the "US Lenders"), the various financial institutions as are or may become parties hereto which extend a Commitment under the UK Credit Facilities or acquire Loans under the UK Credit Facilities (collectively with any Person becoming an Assignee Lender in respect of any UK Loans, the "UK Lenders", and together with the US Lenders, the "Lenders"), THE BANK OF NOVA SCOTIA ("Scotiabank"), as agent and lead arranger for the US Lenders under the US Credit Facilities (in such capacity, the "US Agent"), Scotiabank, currently acting through its executive offices in London, England, as agent and lead arranger for the UK Lenders under the UK Credit Facilities (in such capacity, the "UK Agent"), Union Bank of California, N.A., as Documentation Agent, and PNC Bank, National Association, as Syndication Agent.
Sample 1
Special Funding Option. (a) Notwithstanding anything to the contrary contained herein, any Lender (for the purposes of this SECTION 13.15, a "Granting Lender") may grant to a special purpose funding vehicle (for the purposes of this SECTION 13.15, an "SPC") the option to make, on behalf of such Granting Lender, all or a portion of the Advances and Participations which such Granting Lender is obligated to make (a "Funding Obligation") under the applicable Facility, such option to be exercisable in the sole discretion of the SPC; provided, however, that
Sample 1
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Related to Special Funding Option

  • Outstanding Options The option granted to Optionee under this Option Agreement shall in no event be exercised while there is outstanding any option previously granted to Optionee to purchase common shares of the Company at a price higher than the option price under the option herein granted to Optionee.

  • Grant; Type of Option The Company hereby grants to the Participant an option (the “Option”) to purchase the total number of shares of Common Stock of the Company, at the Exercise Price set forth above. The Option is being granted pursuant to the terms of the EndoChoice Holdings, Inc. 2015 Omnibus Equity Incentive Plan (the “Plan”). The Option is intended to be a Nonqualified Stock Option and not an “incentive stock option” within the meaning of Section 422 of the Internal Revenue Code.

  • Type of Option The Option is intended to be a Nonqualified Stock Option. It is not intended to qualify as an Incentive Stock Option within the meaning of Section 422 of the Internal Revenue Code of 1986, as amended from time to time, or any successor provision thereto.

  • Interest Options From the date each Loan is made, based upon the election of Borrower, at such time and from time to time thereafter (as provided in Subsection 1.3 and subject to the conditions set forth in such Subsection and Subsection 1.2(G)), each such Loan shall accrue interest as follows:

  • Special Acceleration of Option (a) This option, to the extent outstanding at the time of a Corporate Transaction but not otherwise fully exercisable, shall automatically accelerate so that this option shall, immediately prior to the effective date of such Corporate Transaction, become exercisable for all of the Option Shares at the time subject to this option and may be exercised for any or all of those Option Shares as fully vested shares of Common Stock. No such acceleration of this option shall occur, however, if and to the extent: (i) this option is, in connection with the Corporate Transaction, to be assumed by the successor corporation (or parent thereof) or (ii) this option is to be replaced with a cash incentive program of the successor corporation which preserves the spread existing at the time of the Corporate Transaction on the Option Shares for which this option is not otherwise at that time exercisable (the excess of the Fair Market Value of those Option Shares over the aggregate Exercise Price payable for such shares) and provides for subsequent payout in accordance with the same option exercise/vesting schedule set forth in the Grant Notice.

  • Discount Option (a) The Transferor shall have the option to designate at any time a percentage, which may be a fixed percentage or a variable percentage based on a formula (the “Discount Percentage”), of the amount of Receivables arising in the Accounts on or after the date such designation becomes effective that would otherwise constitute Principal Receivables to be treated as Finance Charge Receivables (“Discount Option Receivables”). The Transferor shall also have the option of reducing or withdrawing the Discount Percentage, at any time and from time to time, on and after the date such designation becomes effective. The Transferor shall provide to the Servicer, the Trustee, any Series Enhancer and each Rating Agency thirty (30) days prior written notice of such designation (or reduction or withdrawal), and such designation (or reduction or withdrawal) shall become effective on the date designated therein only if (i) the Transferor shall have delivered to the Trustee and each Series Enhancer entitled thereto pursuant to the relevant Supplement an Officer’s Certificate of the Transferor stating that the Transferor reasonably believes that such designation (or reduction or withdrawal) will not, based on the facts known to such officer at the time of such certification, then cause a Pay Out Event or any event that, after the giving of notice or the lapse of time, would constitute a Pay Out Event to occur with respect to any Series, (ii) the Transferor shall have received written notice from each Rating Agency that such designation (or reduction or withdrawal) will not have a Ratings Effect and shall have delivered copies of each such written notice to the Servicer and the Trustee and (iii) in the case of a reduction or withdrawal, the Transferor shall have delivered to the Trustee an Officer’s Certificate of the Transferor to the effect that, in the reasonable belief of the Transferor, such reduction or withdrawal shall not have adverse regulatory or other accounting implications for the Transferor.

  • Payment of Option Price The purchase price of Common Stock upon exercise of this Option shall be paid in full to the Corporation at the time of the exercise of the Option in cash or by the surrender to the Corporation of shares of previously acquired Common Stock which shall have been held by the Participant for at least six (6) months and which shall be valued at Fair Market Value on the date the Option is exercised, or by a combination of cash and such Common Stock.

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