Terms of Advances a) Advances made under this Agreement will be available to the Borrower in the form, and pursuant to procedures, as are established from time to time by the Bank in its sole and absolute discretion. The Borrower and each Loan Party agree to promptly provide all documents, financial or other information in connection with any Advance as the Bank may request. Advances will be made by wire transfer of funds to an account as specified in writing by the Borrower or by any other method agreed upon by the Bank and the Borrower. The Borrower acknowledges and agrees that the Bank will not make any Advance to the Borrower unless the collateral maintenance requirements that are established by the Bank in its sole and absolute discretion have been satisfied.
Terms of Advances. 2. The Agreement is amended by adding the following as Section 3 e): “The Borrower acknowledges that the Bank will not make an Advance against the ARS Collateral in amounts equal to the fair market or par value of the ARS Collateral unless the Borrower arranges for another person or entity to provide additional collateral or assurances on terms and conditions satisfactory to the Bank. In requesting an Approved Amount equal to the par value of the ARS Collateral, the Borrower has arranged for UBS Financial Services Inc. to provide, directly or through a third party, the pledge of additional collateral and/or assurances to the Bank so that the Bank will consider making Advances from time to time in accordance with the terms of this Agreement and in amounts equal to, in the aggregate, the par value of the ARS Collateral at the date of an Advance. In addition, the Borrower, the Bank and UBS Financial Services Inc. acknowledge and agree that if (a) the Bank is repaid all of the Credit Line Obligations due to the Bank under the Agreement and this Addendum and (b) as part of such repayment, the Bank realizes on the additional collateral and/or assurances pledged or otherwise provided by UBS Financial Services and/or any such third party to the Bank, then the Agreement shall not terminate and the Bank shall automatically assign to UBS Financial Services Inc. and any such third party, and UBS Financial Services Inc. and any such third party shall automatically assume and be subrogated to, all of the Bank’s rights, claims and interest in and under the Agreement and this Addendum, including without limitation, the security interest in the Collateral, including without limitation the ARS Collateral, granted the Bank under the Agreement and this Addendum (further including, without limitation, interest, dividends, distributions, premiums, other income and payments received in respect of any and all such Collateral) to the extent of the amount that the Bank has realized on all or any part of the additional collateral and/or assurances pledged or otherwise provided by UBS Financial Services and/or any such third party to the Bank in order to effect the repayment of the Credit Line Obligations due to the Bank under the Agreement. Upon such automatic assignment and subrogation, UBS Financial Services Inc. and any such third party shall be entitled to directly exercise any and all rights and remedies afforded the Bank under the Agreement, this Addendum and any and all other...
Terms of Advances. All amounts advanced by Green Funding pursuant to ----------------- this Agreement shall bear interest at a rate of 6% per annum. On each December 31 and June 30, all accrued and unpaid interest shall be capitalized and added to the then outstanding principal. Principal, together with accrued and unpaid interest thereon, shall be payable on the earlier to occur of the second anniversary of the date of this Agreement or the tenth day following the closing by the Company (or its successor) of a sale of securities pursuant to its initial public offering. Simultaneously with the execution of this Agreement, the Company will execute and deliver a promissory note (the "Working Capital Note") payable to Green Funding in the form attached as Exhibit A hereto in order to evidence the advances made pursuant to this Agreement.
Terms of Advances. 9 5.7 WAIVER OF PRE-EMPTIVE RIGHTS................................................. 10 5.8 GUARANTEES................................................................... 11
Terms of Advances. The terms of each Advance shall, unless all of the Shareholders otherwise agree and except as provided in section 5.4, be as follows: (a) the Goodwill Loans shall not bear interest, and shall be payable on the seventh anniversary of this Agreement;
Terms of Advances. Dealer will repay each Advance as provided herein or in any other written agreement between NDF and Dealer. Dealer agrees that:
Terms of Advances. Amounts specified in the foregoing schedule (each an “Advance” and collectively, the “Advances”) shall be made at the option of the Investor. Advances shall be unsecured and bear interest at five percent (5%) simple interest per annum on the basis of 360 day year. Interest shall be due and payable by no later than December 31 of each year, commencing with December 31, 2017. Each Advance shall be treated as a separate loan. Each such loan shall mature and all unpaid principal and accrued interest shall be due in full two (2) years following the date of the applicable Advance. Each Advance shall be evidenced by a separate promissory note in the form attached hereto as Exhibit A. If Investor does not make a particular Advance on the date specified above, Players shall provide Investor with written notice and Investor shall have thirty (30) days from receipt of such notice within which to make such Advance. If Investor has not made such Advance by the close of such thirty (30) day period, Investor shall have permanently lost the right to: (i) make such Advance (and only such Advance); and (ii) receive the Warrants (as defined below) specified in Section 2(A) below to the extent associated with such Advance.
Terms of Advances. Subject to the terms and conditions of this Purchase Agreement, Purchaser agrees to advance to Company from time to time and until the Termination Date, such sums as Company may request (the "Advances") but which shall not exceed, in the aggregate principal amount at any one time outstanding, the Facility Amount. The obligation of Company to repay the Advances and to pay interest thereon at the rates specified herein shall be evidenced by secured promissory notes in the form attached hereto as Exhibit A (each a "Note" and collectively, the "Notes"). Advances shall be made in lawful currency of the United States of America and shall be made in same day or immediately available funds. Once repaid, Advances may not be reborrowed.
Terms of Advances. The Shareholders will subordinate and postpone their Advances (including postponement of the date for payment of principal and interest thereon) as may be required from time to time in order to facilitate other Project Financing or to keep the Company in compliance with the terms of any credit facilities from time to time being used by the Company, and the Company will, at any time upon request by any Shareholder, execute and deliver to that Shareholder a promissory note and such other documentation as such Shareholder may reasonably require evidencing the obligations of the Company to that Shareholder in connection with the Advances. All Advances will be repaid before the Company is permitted to declare or pay any dividend.
Terms of Advances a) Advances made under this Agreement will be available to the Borrower in the form, and pursuant to procedures, that are established from time to time by the Bank in its sole and absolute discretion. Advances will be made by wire transfer of funds to an account as specified in writing by the Borrower or by any other method agreed upon by the Bank and the Borrower. The Borrower acknowledges and agrees that the Bank will not make any Advance to the Borrower unless the collateral maintenance requirements (i.e., margin requirements) that are established by the Bank in its sole and absolute discretion have been satisfied.
