The Advance Clause Samples

The Advance. 2.1 Each Noteholder agrees to advance the Initial Advance to the Company, subject to and upon the terms and conditions contained in this Agreement, in the Applicable Percentage (less an amount equal to the sums deducted in accordance with Clause 2.9), such amount to be advanced to the Company to such bank account as the Company shall direct in writing for such purpose. The Company shall apply the Initial Advance: i. to satisfy costs associated with the preparation and negotiation of this Agreement and related documentation, including: (a) any unpaid balance of the due diligence fees of £7,500 payable by the Company to RiverFort; and (b) any unpaid balance of the legal fee deposit in the amount of £7,500 payable by the Company to Riverfort; ii. payment of the Implementation Fee; and iii. as a source of general working capital.

The Advance. (a) Subject to the terms and conditions set forth herein, Lender agrees to make one single term loan in Euros to Borrower (the “Advance”) on the Funding Date, not to exceed the Commitment. (b) The Advance, or a portion thereof, once repaid or prepaid may not be reborrowed.

The Advance. The Current Issuer Start-Up Loan Provider grants to Funding simultaneously with the issue by the Current Issuer of the Current Issuer Notes (and upon the simultaneous issuance by the Current Issuer to Funding of the Current Issuer Intercompany Loan) and upon the terms and subject to the conditions hereof, a loan in an aggregate amount of [{pound-sterling} (amount in words)] (the "ADVANCE") on the Closing Date for the purposes of providing for the partial funding of the Issuer Reserve Fund and providing for Funding's costs and expenses in respect of the acquisition of the Funding Share of the Additional Trust Property and in respect of amounts payable to the Current Issuer by Funding as fees under the Current Issuer Intercompany Loan. The Advance shall be paid into the Funding Transaction Account.

The Advance. (a) Subject to the terms and conditions set forth herein, (i) each Lender severally agrees to make a loan in Dollars to Borrower on the Funding Date in the amount of such L▇▇▇▇▇’s Commitment by making immediately available funds available to Administrative Agent (or an account designated by Administrative Agent) (such loan, collectively with such loans of all other Lenders, the “Advance”). After Administrative Agent’s receipt of such funds on the Funding Date, and upon fulfillment of the conditions set forth in Article 4, Administrative Agent shall make such funds as it has received available to Borrower by depositing such funds into the Funding Account; provided that, if so requested by Borrower in the Borrowing Notice, and subject to fulfillment of the conditions set forth in Article 4, each Lender shall make its respective portion of the Advance available to Borrower by depositing such funds into the Funding Account; provided, further, that Administrative Agent or each Lender, as the case may be, shall, at Borrower’s request, net the Advance (or its applicable portion thereof) due to Borrower against any amount payable by Borrower to such Lender hereunder in accordance with such L▇▇▇▇▇’s respective Applicable Percentage. Following the Funding Date, the unused portion of the Commitment shall be permanently terminated. If the Funding Date does not occur on or prior to 5:00 p.m. on the last day of the Availability Period, the Commitment shall be permanently terminated in full at such time. (b) The Advance or any portion thereof, once prepaid or repaid, may not be reborrowed. (c) Subject to Section 2.14, all Advances shall be SOFR Advances. (d) No later than 5:00 p.m. on the date at least three (3) Business Days prior to the date on which the Advance will be required to be made hereunder (or such shorter period as Administrative Agent may agree), Borrower shall notify Administrative Agent of its request for the Advance on the Funding Date by providing a Borrowing Notice. Administrative Agent shall promptly notify each Lender of the amount of its portion of the Advance in accordance with such Lender’s Applicable Percentage.

The Advance. 2.1 The Lender agrees, concurrently with and conditional on its receipt of the proceeds of the issuance of the Dollar Notes, to make available to the Borrower a Sterling term loan facility in an aggregate amount up to the Facility Amount. 2.2 The Advance made pursuant to Clause 2.1, less any discounts, underwriting or other fees or other expenses payable to or on behalf of the Lender, shall be transferred to such account as the Borrower may designate to the Lender for this purpose and in such currencies and proportions as the Lender may determine (as converted from Dollars into the relevant currency using the rate of exchange effective on the date of the transfer) (such amount, the “Cash Transfer Amount”). 2.3 The parties agree that (following the transfer of and notwithstanding the amount of the Cash Transfer Amount) the Lender shall be deemed to have made an advance to the Borrower equal to the Facility Amount on the date hereof. The Borrower acknowledges that the Facility Amount is equal to the gross principal amount due from the Lender pursuant to the purchase of the Dollar Notes and that the Facility Amount is in an amount greater than the Cash Transfer Amount as a result of the discount at which the Dollar Notes are issued (being 98.514%) and of the payment of underwriting or other fees and other expenses in respect of the Issue of the Dollar Notes.

The Advance. On or prior to the Closing Date, Borrower shall have delivered to Agent the following: (a) an Advance Request; (b) executed copies of the Loan Documents and all other documents and instruments reasonably required by Agent to effectuate the transactions contemplated hereby or to create and perfect the Liens of Agent with respect to all Collateral, in all cases in form and substance reasonably acceptable to Agent; (c) copy of resolutions of Borrower’s members and managers evidencing approval of the Loan and other transactions evidenced by the Loan Documents; and (d) copies of the organizational documents, as amended through the Closing Date, of Borrower.

The Advance. The Lender agrees, concurrently with the issuance of the notes and the Subordinated Shareholder PIK Bonds, to make the Advance to the Borrower on the date hereof. The Advance shall be transferred to such account of the Borrower as the Borrower may designate to the Lender for this purpose.

The Advance. (a) On the terms and subject to the conditions contained in this Note, upon the Issuer’s written request, the Payee shall make available to the Issuer a single advance in the principal amount of $[•] (the “Advance”). (b) By executing and delivering this Note, the Issuer hereby certifies that all conditions precedent set forth in Section 4 hereof have been satisfied and requests that the Payee make the Advance under this Note on the date hereof. (c) Subject to the prior satisfaction of all other applicable conditions to the making of the Advance set forth in Section 4 of this Agreement (which must be satisfied no later than [12:00 p.m. Eastern time] on the funding date), to obtain the Advance, the Issuer shall notify the Payee (which notice shall be irrevocable) by [12:00 p.m. Eastern time] at least [•] Business Days prior to the proposed funding date of the Advance. Such notice shall be made by electronic mail in the form of a completed Advance Form executed by a Responsible Officer. (d) The proceeds of the Advance shall be deposited in an account of the Joint Venture Entity specified in the relevant Advance Form and shall be used solely to fund the Issuer’s capital contribution obligations under Section 3.1(a) of the LLC Agreement.

The Advance. The Lender agrees, on the terms and conditions hereinafter set forth, to make an Advance to the Borrower on the Closing Date in the amount of the Commitment less $300,000, the emergency advance made by the Lender to the Borrower on August 4, 2000, which emergency advance shall henceforth be deemed an Advance hereunder secured by the Collateral Documents.