Subsequent Advance Sample Clauses

Subsequent Advance. On and after the date on which Borrower files the Form S-4 with the SEC, Borrower may request, and Lender shall provide to Borrower, a single Advance in the aggregate principal amount equal to $800,000 (the “Subsequent Advance”); provided, that with respect to the Subsequent Advance, Borrower delivers to Lender an irrevocable notice not later than noon (New York time) five (5) Business Days prior to the Borrowing Date for the Subsequent Advance, specifying the Borrowing Date, which shall be a Business Day, of the Subsequent Advance (the “Borrowing Notice”).

Subsequent Advance. Lender shall not be required to make the Subsequent Advance, unless on the applicable Borrowing Date: (a) No Event of Default of Default shall have occurred and be continuing or would result from the Subsequent Advance; (b) Borrower shall have filed with the SEC, and shall not have withdrawn, the Form S-4. (c) The Merger Agreement shall be in full force and effect. (d) There shall not have occurred a Material Adverse Effect. (e) At least five (5) Business Days shall have elapsed since Borrower shall have furnished to Lender a Borrowing Notice. Each Borrowing Notice with respect to each such Advance shall constitute a representation and warranty by Borrower that all of the conditions contained in this Section 4.2 have been satisfied.

Subsequent Advance. After May 25, 2012 and prior to the earlier of (i) the Maturity Date and (ii) the first date on which the Notes together with all accrued interest have been repaid in full, the Company may deliver to the Purchasers a written notice (the “Borrowing Notice”) (a) setting out that no Default (as defined under the Notes) has occurred and is continuing; and (b) requesting a subsequent advance from each of the Purchasers of up to the same amount funded by each such Purchaser in its initial Advance at Closing (each, a “Subsequent Advance”). The Borrowing Notice shall be deemed to repeat the Company’s representations and warranties in Section 5 of the Notes as of the date of such Borrowing Notice. Upon receipt of the Borrowing Notice, each of the Purchasers, in its sole discretion, may make available to the Company its Subsequent Advance in immediately available funds. For the avoidance of doubt, any Subsequent Advance shall be considered an increase in the principal amount of the Notes held by such Purchaser commencing on the date such Subsequent Advance is made available and the Company shall issue the relevant Purchaser in accordance with this Agreement one Warrant for every two dollars of such Subsequent Advance.

Subsequent Advance. At the request of the Borrower, the Lender agrees to lend an additional amount under this Note to the Borrower on one occasion only, on April 10, 2003, in an amount not to exceed the lesser of (a) Five Hundred Thousand Dollars ($500,000), or (b) the amount payable by the Borrower to the U.S. Treasury as "alternative minimum tax" as shown on the Borrower's Form 1040 tax return that he will be filing for the year 2002. Any additional advance pursuant to this paragraph (b) shall give rise to an increase in the outstanding principal amount of the Loan in the amount of such additional advance.

Subsequent Advance. Following the Initial Advance, the obligation of each Lender to make their Ratable Share of each Advance hereunder, is subject to the prior or simultaneous occurrence or satisfaction of each of the following conditions (the “Advance Conditions”): (i) No Event of Default exists and no Collaterally Assigned Loan Event of Default exists; (ii) The amount of such Advance, when added to all prior Advances, does not exceed the total Loan Amount; (iii) The Loan Documents and the Collaterally Assigned Loan Documents shall be and remain outstanding and enforceable in accordance with their terms; (iv) The representations and warranties made by Borrower, as contained in this Agreement and in all other Loan Documents, shall be true and correct in all material respects as of the date of each Advance and the representations and warranties made by Fee Owner, contained in the Collaterally Assigned Loan Agreement and in all other Collaterally Assigned Loan Documents for the Collaterally Assigned Loan to which the relevant Advance relates, continue to be true and correct in all material respects (other than as otherwise qualified in the Collaterally Assigned Loan Documents) as of the date of each Advance, in each case, except for such changes as (y) shall have occurred in the ordinary course of business or the passage of time and (z) in each case, which do not otherwise give rise to or constitute an Event of Default; (v) Borrower shall have advanced to Fee Owner an amount equal to the Total Loan Advance or Borrower shall be simultaneously advancing to Fee Owner an amount equal to the Total Loan Advance less the amount of the Advance; (vi) In connection with any Advance requested hereunder, within two (2) Business Day of ▇▇▇▇▇▇▇▇’s receipt of the Fee Owner Draw Request but in any event at least seven (7) Business Days prior to the date upon which the Advance is requested (the “Borrowing Date”), Agent shall have received from Borrower a properly executed and completed Draw Request for such Advance (accompanied by a copy of the Fee Owner Draw Request); and (vii) With respect to any Advance, Agent shall have received and approved evidence acceptable to Agent in its reasonable discretion that Fee Owner has substantially satisfied in all material respects each of the applicable conditions to such advance pursuant to the applicable Collaterally Assigned Loan Agreement, together with Agent’s receipt and reasonable approval of any supporting information submitted by Fee Owner in conn...

Subsequent Advance. Any subscription for the Class A-2 Notes by the Sole Shareholder (at the direction of the Collateral Manager and with the prior written consent of UBS (acting in its sole discretion)) on any date after the Amendment and Restatement Date.

Subsequent Advance. Subject to the terms and conditions set forth herein, during the Revolving Period, the Borrower may borrow, prepay or repay, and re-borrow Advances. Each Lender represents and warrants that, on the Closing Date (or, if later, the date on which such Lender acquires its interest hereunder) that it is a "qualified purchaser" within the meaning of the Investment Company Act of 1940, as amended.

Subsequent Advance. The Noteholder shall make a subsequent Advance of $2,288,000 within five Business Days after the Borrower files its Annual Report on Form 20-F with the U.S. Securities and Exchange Commission (the “Commission”) in a form acceptable to the Noteholder, provided that such filing is made on or before May 15, 2024. The Borrower acknowledges and agrees that such subsequent Advance shall be disbursed with an original issue discount equal to $288,000 (net availability of $2,000,000 after deduction of such original issue discount). As a condition to the disbursement of such subsequent Advance, the Borrower shall, at least prior to the disbursement date selected by the Noteholder, (i) deliver to the Noteholder a written notice setting out (a) that no Default or Event of Default has occurred and is continuing, or to the knowledge of the Borrower, is expected to occur, (b) that the Borrower’s representations and warranties in Section 8 as of the date of such notice are true and correct in all respects and (c) that all covenants contained in the Side Letter including any post-closing covenants had been complied with and (ii) any debentures and security documents required to be executed by the Company’s United Kingdom subsidiaries shall have been executed and any other requirements related to the granting of security thereto shall have been completed.

Subsequent Advance. On or before February 16, 2007, Lender shall fund the “Subsequent Advance” of the Loan in an amount not to exceed $8,000,000.00. The Subsequent Advance shall be used by Borrowers, in the following order of priority, to (a) pay the amount of Lender’s Expenses incurred through and including the date of funding of the Subsequent Advance and any reasonable related expenses estimated to be incurred thereafter, and (b) to repay the Almiron Loan and the Expocredit Loan (each as defined on Schedule 3.12 attached hereto and together hereinafter referred to as the “MBO Loans”) and the Factoring Agreement as defined on Schedule 3.12 attached hereto. A condition precedent to the use of the Subsequent Advance to repay the MBO Loans and the Factoring Agreement shall be that Borrowers deliver to Lender’s counsel, to be held in trust pending the funding of that portion of the Subsequent Advance necessary to repay the MBO Loans and to satisfy the Factoring Agreement, original documentation satisfactory to Lender, in Lender’s sole discretion, of amounts necessary to satisfy the MBO Loans and the Factoring Agreement, including without limitation, payoff and estoppel letters and the written satisfaction, cancellation and return of loan documentation related thereto, and the release of all collateral therefor.