To the Borrower. The Borrower may repay and reborrow under the Loan Commitment subject to the terms and conditions of this Agreement. The aggregate amount of Loan Advances outstanding under the Loan Commitment shall at no time exceed the sum of Thirty Five Million Dollars ($35,000,000.00) ("Maximum Revolving Loan Commitment"). The Loan Commitment shall terminate on the Maturity Date at which time no further Loan Advances shall be made by the Bank. Requests for Loan Advances under this Agreement may be made by the Borrower at any time, and from time to time, prior to the Maturity Date.
To the Borrower. All sums to be advanced by the Banks to the Borrower under this Agreement shall be remitted in Dollars on the date of the Advance to the account of the Agent at such bank as the Agent may have notified to the Banks and shall be paid by the Agent on such date in like funds as are received by the Agent to the account specified in the relevant Drawdown Notice.
To the Borrower. (b) If the principal of all the Bonds shall have become due or shall have been declared due and payable, all such moneys shall be applied to the payment of the principal, redemption premium, if any, and interest then due and unpaid on all of the Bonds, with interest on such principal and redemption premium, if any, and, to the extent permitted by law, on such interest, at the rate or rates specified in the respective Bonds, without preference or priority of principal, redemption premium or interest over principal, redemption premium or interest or of any installment of interest over any other installment of interest or of any Bond over any other Bond, ratably, according to, the amounts due respectively for principal, redemption premium, if any, and interest, to the persons entitled thereto, without any discrimination or privilege; provided however principal of and interest on Borrower Bonds shall only be paid after the amounts due the Credit Enhancer under the Related Documents shall have been paid in full.
To the Borrower. Atmos Energy Corporation Three Lincoln Centre, Suite 1800 0000 XXX Xxxxxxx Xxxxxx, Xxxxx 00000 Attention: Xxxx X. Xxxxxxxxxxxx Telecopy Number: (000) 000-0000 Email Address: Xxxx.Xxxxxxxxxxxx@xxxxxxxxxxx.xxx With a copy to: Atmos Energy Corporation 700 Three Lincoln Centre 0000 XXX Xxxxxxx Xxxxxx, Xxxxx 00000 Attention: Treasurer Telecopy Number: (000) 000-0000 Email Address: xxx.xxxxxxx@xxxxxxxxxxx.xxx and Atmos Energy Corporation Three Lincoln Centre, Suite 1800 0000 XXX Xxxxxxx Xxxxxx, Xxxxx 00000 Attention: General Counsel Telecopy Number: (000) 000-0000 Email Address: xxxxx.xxxxxxx@xxxxxxxxxxx.xxx To the Administrative Agent: JPMorgan Chase Bank, N.A. 10 X. Xxxxxxxx Street Floor 7, Mail Code XX0-0000 Xxxxxxx, XX 00000 Attention: Xxx Xxxxxx Facsimile: 000-000-0000 Telephone: 000-000-0000 Email: xxx.xxxxxx.xxxxxxxxx.0@xxxxxxxx.xxx With a copy to, JPMorgan Chase Bank, N.A. 10 X. Xxxxxxxx Street Floor 9, Mail Code XX0-0000 Xxxxxxx, XX 00000 Attention: Xxxx Xxx Facsimile: 000-000-0000 Telephone: 000-000-0000 Email: Xxxx.X.Xxx@xxxxxxxx.xxx With a copy to, JPMorgan Chase Bank, N.A. 00 X. Xxxxxxxx Street Floor 9, Mail Code IL1-0874 Xxxxxxx, XX 00000 Attention: Xxxxx Xxxxxxx Facsimile: 000-000-0000 Telephone: 000-000-0000 Email: Xxxxx.Xxxxxxx@xxxxxxxx.xxx To any other Lender: the address set forth in the Administrative Questionnaire or the Assignment and Acceptance executed by such Lender Notices and other communications hereunder may be delivered or furnished by electronic communication (including e-mail and Internet or intranet websites) pursuant to procedures approved by the Administrative Agent, provided that the foregoing shall not apply to notices to any Lender pursuant to Article II if such Lender has notified the Administrative Agent that it is incapable of receiving notices under such Article by electronic communication. The Administrative Agent or the Borrower may, in its discretion, agree to accept notices and other communications to it hereunder by electronic communications pursuant to procedures approved by it, provided that approval of such procedures may be limited to particular notices or communications. Unless the Administrative Agent otherwise prescribes, (i) notices and other communications sent to an e-mail address shall be deemed received upon the sender’s receipt of an acknowledgement from the intended recipient (such as by the “return receipt requested” function, as available, return e-mail or other written acknowledgement), provided tha...
To the Borrower. The Borrower has accepted and does accept, the full responsibility for the selection of its own contractor and subcontractors and all materials, supplies and equipment to be used in the construction of the improvements contemplated by this Agreement, and the Lender assumes no responsibility for the completion of the improvements contemplated herein. Further, the Borrower has accepted and does accept full responsibility for compliance with the Florida Construction Lien Law and relieves the Lender of any and all liability with respect to that law and agrees to indemnify and hold the Lender harmless from any and all liability under it of any nature whatsoever.
To the Borrower. 2. Xxx xerm of this loan agreement is from September 1, 2005 to December 31, 2005.
To the Borrower. The Borrower's obligation to repay the Creditor's Loan with interest is evidenced by the Borrower's Secured Promissory Note (which Non-Negotiable Secured Promissory Note, as the same may from time to time be extended, replaced, substituted for, amended, restated or otherwise modified, is herein called the "Creditor's Note") dated as August 18, 2006, and payable to the Creditor in the principal amount of the Creditor's Loan. The prompt and punctual repayment of the Creditor's Loan in accordance with the Creditor's Note is secured by the security interest and continuing lien in and to the Collateral granted to the Creditor by the Borrower pursuant to, a certain Security Agreement dated November 27, 2006 (which Security Agreement, as the same may be from time to time amended, restated, supplemented or otherwise modified the "Creditor's Security Agreement"), by and between the Borrower and the Creditor. Subject to and in accordance with that certain Guaranty Agreement dated November 27, 2006 (which Guaranty Agreement, as the same may from time to time be amended, restated, supplemented or otherwise modified is herein called the "Creditor's Guaranty"), by the Guarantor to the Creditor, the Guarantor, has guaranteed, among other things, the prompt and punctual repayment of Creditor's Loan. Subject to and in accordance with that certain Stock Pledge Agreement dated as of August 18, 2006 (which Stock Pledge Agreement, as the same may from time to time be amended, restated, supplemented or otherwise modified is herein called the "Creditor's Stock Pledge"), by and between the Guarantor and the Creditor, the Guarantor has granted a continuing lien and security interest in and to the Stock, in order to secure the prompt and punctual repayment of the Creditor's Loan. The Bank and the Creditor desire to set forth their agreement regarding the Bank's Obligations (hereinafter defined), the Creditor's Obligations (hereinafter defined), the Bank's Lien (hereinafter defined) and the Creditor's Lien (hereinafter defined).
To the Borrower. 8.15.7 If any withholding certificate, withholding statement, document, authorisation or waiver provided to the Agent by a Lender pursuant to Clause 8.15.5 is or becomes materially inaccurate or incomplete, that Lender shall promptly update it and provide such updated withholding certificate, withholding statement, document, authorisation or waiver to the Agent unless it is unlawful for the Lender to do so (in which case the Lender shall promptly notify the Agent). The Agent shall provide any such updated withholding certificate, withholding statement, document, authorisation or waiver to the Borrower. 8.15.8 The Agent may rely on any withholding certificate, withholding statement, document, authorisation or waiver it receives from a Lender pursuant to Clause 8.15.5 or 8.15.7 without further verification. The Agent shall not be liable for any action taken by it under or in connection with Clause 8.15.5, 8.15.6 or 8.15.7. 8.16
To the Borrower. In connection with the Credit Agreement and the Loan, Borrower executed and delivered to Bank, inter alia, Borrower's promissory note in the principal amount of US$33,000,000.00 (the "Note") and Guarantor executed and delivered to Bank a Guaranty and Suretyship Agreement (the "Guaranty"). In connection therewith, Borrower executed and delivered to Lender, and there were filed of public record, first preferred ship mortgages on the Vessels PERSEVERANCE and ALLEGIANCE.
To the Borrower. The Borrower and the Lender shall then negotiate in good faith in order to agree upon a mutually satisfactory interest rate and interest period (or interest periods) to be substituted for those which would otherwise have applied under this Agreement. If the Borrower and the Lender are unable to agree upon an interest rate (or rates) and interest period (or interest periods) prior to the date occurring thirty days after the giving of such Determination Notice, the Lender shall set an interest rate and an interest period (or interest periods), in each case to take effect at the end of the Interest Period current at the date of the Determination Notice, which rate (or rates) shall be equal to the sum of the Applicable Margin and the cost to the Lender of funding its Commitment. In the event that the circumstances described in this SECTION 4.2 shall extend beyond the end of an interest period agreed or set pursuant hereto, the foregoing procedure shall be repeated as often as may be necessary.
