Making the Loan. (a) The Borrowing of Loan A shall be made in a single disbursement of Loan A. The Borrowing of Loan B shall be made in a single disbursement of Loan B. Subject to the occurrence of and following the Business Combination Date, the Borrowing of Loan C shall be made in a single disbursement of Loan C.
Making the Loan. In reliance upon the representations, warranties, covenants and agreements of Borrower contained herein and in the other Loan Documents, and upon full satisfaction by Borrower of the terms and conditions precedent set forth in ARTICLE 4 of this Agreement, Lender agrees to make a loan (the "LOAN") to Borrower, which Loan shall be advanced to Borrower in a single advance of immediately available funds equal to the Loan Amount. The Loan Amount shall be used solely for the purposes described in SECTION 2.3 hereof. The Loan will be secured by, among other things, a Mortgage encumbering the Mortgaged Properties and other Improvements and granting a lien on and security interest in certain other Property described in the Mortgage and by other Security Documents effecting and granting a lien on and security interest in such other Collateral, and shall bear interest at the rates per annum specified in SECTION 2.4 hereof.
Making the Loan. Subject to the terms and conditions and relying upon the representations and warranties herein set forth, the Lender agrees to make the Loan to the Borrower on the Effective Date in the principal amount equal to the Commitment. Pursuant to this Agreement, and Borrower shall issue a Promissory Note (“Promissory Note”), in the form attached hereto as Exhibit B, in connection with the Loan. In the event of any inconsistency or conflict between this Agreement and the Promissory Note, the terms, conditions and provisions of this Agreement shall govern and control.
Making the Loan. (a) On the date hereof, the Borrower shall issue to the Lender a Convertible Debt Instrument, in the aggregate principal amount of US$ 49,189,616.22 evidencing the obligation of the Borrower to repay such aggregate principal amount and interest thereon under this Agreement (the “Loan”), which obligation the Borrower is incurring as consideration for the Disbursements. Accordingly, the Lender shall not disburse any funds to the Borrower under this Agreement.
Making the Loan. (a) The Loan shall be made on notice, given not later than 5:00 P.M. (New York time) on the fourth Business Day prior to the date of the proposed Loan, by the Borrower to the Administrative Agent, which shall give to the Initial Lender prompt notice thereof. Such notice of the Loan (the “Notice of Loan”) shall be by telephone, confirmed immediately in writing, or telecopier or telex, in substantially the form of Exhibit B-1 hereto, specifying therein (i) the requested date of the Loan (the actual date of the Loan being the date on which the Loan is made), (ii) the aggregate amount of the Loan, (iii) the date of delivery to the Borrower of the Aircraft to secure the Loan, (iv) whether the Loan is to be a 10-Year Loan or a 12-Year Loan, and (v) identifying information for the Aircraft to be financed. The Administrative Agent shall, after receipt of such notice and prior to two (2) Business Days before the requested date of the Loan, provide to the Borrower and the Initial Lender a schedule containing the Principal Payment Dates for the Loan and the amount of principal of the Loan to be paid on each such date, which shall be attached hereto as Schedule II. The Initial Lender shall, before 11:00 A.M. (New York time) on the date of the Loan, make available for the account of its Lending Office to the Administrative Agent at the account of the Administrative Agent at Credit Lyonnais, 1000 Xxxxxx xx xxx Xxxxxxxx, Xxx Xxxx, Xxx Xxxx Branch (account number [***], in same day funds, the amount of the Loan. After the Administrative Agent’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will make such funds available to the Borrower by direct transfer to [***] at such account as [***] may direct.
Making the Loan. (a) The Loan. Lender agrees, subject to the terms and conditions set forth in this Agreement, to make a loan to Borrower (the "Loan") in the aggregate principal amount of $112,750,000 on any Business Day (the date of the making of the Loan, the "Funding Date") after the Closing Date and on or prior to September 30, 2002.
Making the Loan. Lender will, subject to all of the applicable terms and conditions of this Agreement, fund the Initial Loan to the Borrower in accordance with the terms of the Notes. Amounts repaid hereunder may not be reborrowed.
Making the Loan. On the conditions set forth herein, Lender may, in its sole and absolute discretion, make Advances to Borrower from time to time during the Availability Period in an aggregate principal amount that will not result in the aggregate principal amount of all outstanding Advances to exceed the Loan Amount. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrower may borrow, prepay and reborrow.
Making the Loan. (a) The Loan shall be requested by the delivery of a Notice of Borrowing by the Borrower to the Administrative Agent not later than 4:00 p.m. (New York City time) on the third Business Day prior to the Funding Date specified in such notice. The Administrative Agent shall give to each Lender prompt notice thereof. The Notice of Borrowing shall be irrevocable and binding on the Borrower. The Notice of Borrowing shall be in writing specifying therein the (i) the aggregate amount of the Loan to be funded, and (ii) the proposed Funding Date. The Original Series A Lender and the Original Series B Lender shall, before 10:00 a.m. (New York City time) on the scheduled Funding Date, make available for the account of its Lending Office to the Administrative Agent's Account, in immediately available funds, the Series A Commitment and the Series B Commitment respectively. After the Administrative Agent's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article VI as confirmed during a closing conference call pursuant to which the Administrative Agent or its counsel shall indicate such fulfillment, the Administrative Agent shall transfer such funds to the Borrower at its account at Bank One Arizona, N.A. (ABA No. 122-100-024), Account Number 00000000.
Making the Loan. (a) The Borrowers’ Representative shall give the Administrative Agent prior written notice in substantially the form of Exhibit B hereto (a ‘Notice of Borrowing’), not later than 12:00 noon (New York City time) on the date which is three (3) Business Days prior to the date of the proposed Loan (or such shorter period as the Administrative Agent is willing to accommodate). Such Notice of Borrowing shall specify (i) the principal amount of the proposed Loan, and (ii) the proposed borrowing date, which must be a Business Day (and, in the case of the Initial Loan, must be the Effective Date, and in the case of the Additional Loan, must be the Additional Loan Funding Date). The Administrative Agent and the Lenders may act without liability upon the basis of written or telecopied notice believed by the Administrative Agent in good faith to be from the Borrowers’ Representative (or from any Authorized Officer thereof designated in writing purportedly from the Borrowers’ Representative to the Administrative Agent). The Administrative Agent and each Lender shall be entitled to rely conclusively on any Authorized Officer’s authority to request a Loan on behalf of the Borrowers. The Administrative Agent and the Lenders shall have no duty to verify the authenticity of the signature appearing on any written Notice of Borrowing.
