Datasets:
automated-analytics
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fin

Dataset card Data Studio Files
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Community
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h . Front - end loader .
<response> h . Front - end loader . </response>
301
A - 2
<response> A - 2 </response>
302
< PAGE >
<response> < PAGE > </response>
303
5 .
<response> 5 . </response>
304
Control Stations .
<response> Control Stations . </response>
305
The rotary dumper and the receiving hopper vibrating feeders have a separate control panel located in the dumper building .
<response> The rotary dumper and the receiving hopper vibrating feeders have a separate control panel located in the dumper building . </response>
306
The shiploader and stacker / reclaimers and reclaimer are controlled from cabs mounted as part of their construction .
<response> The shiploader and stacker / reclaimers and reclaimer are controlled from cabs mounted as part of their construction . </response>
307
The systems of conveyors leading to and from yard storage are controlled from a central control room atop transfer tower TT2 or from other computer sites .
<response> The systems of conveyors leading to and from yard storage are controlled from a <location>central control room atop transfer tower TT2</location> or from other computer sites . </response>
308
The shiploader and the vibrating feeders under the two 4 , 000 - ton shiploader surge silos are controlled by an operator in the cab of the shiploader .
<response> The shiploader and the vibrating feeders under the two 4 , 000 - ton shiploader surge silos are controlled by an operator in the cab of the shiploader . </response>
309
6 .
<response> 6 . </response>
310
Auxiliary Buildings .
<response> Auxiliary Buildings . </response>
311
The following auxiliary buildings are provided for the coal terminal operation :
<response> The following auxiliary buildings are provided for the coal terminal operation : </response>
312
a .
<response> a . </response>
313
Administration building including a locker room ;
<response> Administration building including a locker room ; </response>
314
b .
<response> b . </response>
315
Repair shop and warehouse ;
<response> Repair shop and warehouse ; </response>
316
c . A series of small buildings to house electrical equipment ;
<response> c . A series of small buildings to house electrical equipment ; </response>
317
d . A series of small buildings to house pumping equipment ; and
<response> d . A series of small buildings to house pumping equipment ; and </response>
318
e . A maintenance building .
<response> e . A maintenance building . </response>
319
7 .
<response> 7 . </response>
320
Utilities and Communications .
<response> Utilities and Communications . </response>
321
Industrial and potable water is available at the coal terminal site .
<response> Industrial and potable water is available at the <location>coal terminal site</location> . </response>
322
This water is delivered by underground pipelines to the areas requiring its use .
<response> This water is delivered by underground pipelines to the areas requiring its use . </response>
323
A fuel storage and distribution system is provided .
<response> A fuel storage and distribution system is provided . </response>
324
Fuel tanks of sufficient capacity store diesel oil and gasoline for use by mobile equipment or building heating systems .
<response> Fuel tanks of sufficient capacity store diesel oil and gasoline for use by mobile equipment or building heating systems . </response>
325
Electricity is provided to the facility from a main substation located near the property boundary .
<response> Electricity is provided to the facility from a main substation located near the property boundary . </response>
326
A complete distribution system is included to carry electric power to all facilities .
<response> A complete distribution system is included to carry electric power to all facilities . </response>
327
The sewage collected from the various auxiliary buildings is delivered to a nearby existing manhole located near Pier 14 .
<response> The sewage collected from the various auxiliary buildings is delivered to a nearby existing manhole located near Pier 14 . </response>
328
The sewage is then directed to the Newport News Treatment Plant .
<response> The sewage is then directed to the <location>Newport News Treatment Plant</location> . </response>
329
The facilities have a communications system , including telephones located in critical locations and a radio system for communications between operators at the various control stations .
<response> The facilities have a communications system , including telephones located in critical locations and a radio system for communications between operators at the various control stations . </response>
330
8 .
<response> 8 . </response>
331
Pollution Control Equipment .
<response> Pollution Control Equipment . </response>
332
A full complement of pollution control equipment was installed for the facility , as required by the owner - obtained environmental permits .
<response> A full complement of pollution control equipment was installed for the facility , as required by the owner - obtained environmental permits . </response>
333
This includes a combination of water sprays and baghouse - type dust collectors located at critical facility dust emission points .
<response> This includes a combination of water sprays and baghouse - type dust collectors located at critical facility dust emission points . </response>
334
-DOCSTART-
<response> -DOCSTART- </response>
335
LOAN AND SECURITY AGREEMENT THIS LOAN AND SECURITY AGREEMENT ( this " Agreement ") dated as of January 29 , 2008 ( the " Effective Date ") among SILICON VALLEY BANK , a California corporation and with a loan production office located at 535 Fifth Avenue , 27th Floor , New York , New York 10017 ( the " Agent "), and the Lenders listed on Schedule 1 . 1 and otherwise party hereto , including without limitation , SVB and GOLD HILL VENTURE LENDING 03 , L . P . (" Gold Hill "), and VRINGO , INC ., a Delaware corporation (" Borrower "), provides the terms on which Lenders shall lend to Borrower and Borrower shall repay Lenders .
<response> LOAN AND SECURITY AGREEMENT THIS LOAN AND SECURITY AGREEMENT ( this " Agreement ") dated as of January 29 , 2008 ( the " Effective Date ") among <organization>SILICON VALLEY BANK</organization> , a <location>California</location> corporation and with a loan production office located at <location>535 Fifth Avenue</location> , <location>27th Floor</location> , <location>New York</location> , <location>New York</location> 10017 ( the " Agent "), and the Lenders listed on Schedule 1 . 1 and otherwise party hereto , including without limitation , SVB and <organization>GOLD HILL VENTURE LENDING</organization> 03 , L . P . (" <organization>Gold Hill</organization> "), and <organization>VRINGO</organization> , INC ., a <organization>Delaware corporation</organization> (" <person>Borrower</person> "), provides the terms on which Lenders shall lend to <person>Borrower</person> and <person>Borrower</person> shall repay Lenders . </response>
336
The parties agree as follows :
<response> The parties agree as follows : </response>
337
1 ACCOUNTING AND OTHER TERMS Accounting terms not defined in this Agreement shall be construed following GAAP .
<response> 1 ACCOUNTING AND OTHER TERMS Accounting terms not defined in this Agreement shall be construed following GAAP . </response>
338
Calculations and determinations must be made following GAAP .
<response> Calculations and determinations must be made following GAAP . </response>
339
Capitalized terms not otherwise defined in this Agreement shall have the meanings set forth in Section 13 .
<response> Capitalized terms not otherwise defined in this Agreement shall have the meanings set forth in Section 13 . </response>
340
All other terms contained in this Agreement , unless otherwise indicated , shall have the meaning provided by the Code to the extent such terms are defined therein .
<response> All other terms contained in this Agreement , unless otherwise indicated , shall have the meaning provided by the Code to the extent such terms are defined therein . </response>
341
2 LOAN AND TERMS OF PAYMENT 2 . 1 Promise to Pay .
<response> 2 LOAN AND TERMS OF PAYMENT 2 . 1 Promise to Pay . </response>
342
Borrower hereby unconditionally promises to pay Lenders the outstanding principal amount of all Credit Extensions and accrued and unpaid interest thereon as and when due in accordance with this Agreement .
<response> <person>Borrower</person> hereby unconditionally promises to pay Lenders the outstanding principal amount of all Credit Extensions and accrued and unpaid interest thereon as and when due in accordance with this Agreement . </response>
343
2 . 1 . 1 Term Loan Facility .
<response> 2 . 1 . 1 Term Loan Facility . </response>
344
( a ) Availability .
<response> ( a ) Availability . </response>
345
Subject to the terms and conditions of this Agreement , during the First Draw Period , Lenders agree , severally and not jointly , to make one ( 1 ) or more Term Loans ( each , a " First Term Loan ") available to Borrower in an amount equal to Three Million Dollars ($ 3 , 000 , 000 ), according to each Lender ' s pro - rata share of the Term Loan based upon the respective Commitment Percentage of each Lender .
<response> Subject to the terms and conditions of this Agreement , during the First Draw Period , Lenders agree , severally and not jointly , to make one ( 1 ) or more Term Loans ( each , a " First Term Loan ") available to <person>Borrower</person> in an amount equal to Three Million Dollars ($ 3 , 000 , 000 ), according to each <person>Lender</person> ' s pro - rata share of the Term Loan based upon the respective Commitment Percentage of each <person>Lender</person> . </response>
346
During the Second Draw Period , Lenders agree , severally and not jointly , to make one ( 1 ) Term Loan ( the " Second Term Loan ") available to Borrower in an amount equal to One Million Dollars ($ 1 , 000 , 000 ), according to each Lender ' s pro rata share of the Term Loan based upon the respective Commitment Percentage of each Lender .
<response> During the Second Draw Period , Lenders agree , severally and not jointly , to make one ( 1 ) Term Loan ( the " Second Term Loan ") available to <person>Borrower</person> in an amount equal to One Million Dollars ($ 1 , 000 , 000 ), according to each <person>Lender</person> ' s pro rata share of the Term Loan based upon the respective Commitment Percentage of each <person>Lender</person> . </response>
347
During the Third Draw Period , Lenders agree , severally and not jointly , to make one ( 1 ) Term Loan ( the " Third Term Loan ") available to Borrower in an amount equal to One Million Dollars ($ 1 , 000 , 000 ), according to each Lender ' s pro rata share of the Term Loan based upon the respective Commitment Percentage of each Lender .
<response> During the Third Draw Period , Lenders agree , severally and not jointly , to make one ( 1 ) Term Loan ( the " Third Term Loan ") available to <person>Borrower</person> in an amount equal to One Million Dollars ($ 1 , 000 , 000 ), according to each <person>Lender</person> ' s pro rata share of the Term Loan based upon the respective Commitment Percentage of each <person>Lender</person> . </response>
348
The First Term Loan , Second Term Loan , and Third Term Loan are hereinafter referred to , singly or collectively , " Term Loan ."
<response> The First Term Loan , Second Term Loan , and Third Term Loan are hereinafter referred to , singly or collectively , " Term Loan ." </response>
349
For purposes of this section , the minimum amount of each Term Loan is One Million Dollars ($ 1 , 000 , 000 . 00 ).
<response> For purposes of this section , the minimum amount of each Term Loan is One Million Dollars ($ 1 , 000 , 000 . 00 ). </response>
350
After repayment , no Term Loan may be re - borrowed .
<response> After repayment , no Term Loan may be re - borrowed . </response>
351
Lenders ' obligation to lend hereunder shall terminate on the earlier of ( i ) at the Lenders ' election , the occurrence and continuance of an Event of Default , or ( ii ) the Commitment Termination Date .
<response> Lenders ' obligation to lend hereunder shall terminate on the earlier of ( i ) at the Lenders ' election , the occurrence and continuance of an Event of Default , or ( ii ) the Commitment Termination Date . </response>
352
( b ) Interest Payments .
<response> ( b ) Interest Payments . </response>
353
Commencing on the first Payment Date of the month following the month in which each Funding Date occurs ( or commencing on the Funding Date if the Funding Date is the first calendar day of the month ) and continuing thereafter until the applicable Amortization Date , Borrower shall make monthly payments of interest at the rate set forth in Section 2 . 2 ( a ).
<response> Commencing on the first Payment Date of the month following the month in which each Funding Date occurs ( or commencing on the Funding Date if the Funding Date is the first calendar day of the month ) and continuing thereafter until the applicable Amortization Date , <person>Borrower</person> shall make monthly payments of interest at the rate set forth in Section 2 . 2 ( a ). </response>
354
( c ) Repayment .
<response> ( c ) Repayment . </response>
355
Commencing on the applicable Amortization Date for each Term Loan and continuing on the Payment Date of each month thereafter , for each Term Loan , Borrower shall make consecutive equal monthly payments of principal and interest , in advance , calculated by Agent based upon : ( 1 ) the amount of the Term Loan , ( 2 ) the effective rate of interest set forth in Section 2 . 2 ( a ), and ( 3 ) the applicable Amortization Schedule .
<response> Commencing on the applicable Amortization Date for each Term Loan and continuing on the Payment Date of each month thereafter , for each Term Loan , <person>Borrower</person> shall make consecutive equal monthly payments of principal and interest , in advance , calculated by Agent based upon : ( 1 ) the amount of the Term Loan , ( 2 ) the effective rate of interest set forth in Section 2 . 2 ( a ), and ( 3 ) the applicable Amortization Schedule . </response>
356
All unpaid principal and accrued interest is due and payable in full on the Maturity Date .
<response> All unpaid principal and accrued interest is due and payable in full on the Maturity Date . </response>
357
Payments received after 12 : 00 noon Eastern time are considered received at the opening of business on the next Business Day .
<response> Payments received after 12 : 00 noon Eastern time are considered received at the opening of business on the next Business Day . </response>
358
A Term Loan may only be prepaid in accordance with Sections 2 . 1 . 1 ( e ) and 2 . 1 . 1 ( f ).
<response> A Term Loan may only be prepaid in accordance with Sections 2 . 1 . 1 ( e ) and 2 . 1 . 1 ( f ). </response>
359
( d ) Final Payment .
<response> ( d ) Final Payment . </response>
360
On the Maturity Date ( or earlier as provided in Sections 2 . 1 . 1 ( e ) and 2 . 1 . 1 ( f ) below ) with respect to each Term Loan , Borrower shall pay , in addition to the outstanding principal , accrued and unpaid interest , and all other amounts due on such date with respect to such Term Loan , an amount equal to the Final Payment .
<response> On the Maturity Date ( or earlier as provided in Sections 2 . 1 . 1 ( e ) and 2 . 1 . 1 ( f ) below ) with respect to each Term Loan , <person>Borrower</person> shall pay , in addition to the outstanding principal , accrued and unpaid interest , and all other amounts due on such date with respect to such Term Loan , an amount equal to the Final Payment . </response>
361
( e ) Mandatory Prepayment Upon an Acceleration .
<response> ( e ) Mandatory Prepayment Upon an Acceleration . </response>
362
If the Term Loans are accelerated following the occurrence of an Event of Default , Borrower shall immediately pay to Lenders an amount equal to the sum of : ( i ) all outstanding principal plus accrued and unpaid interest , ( ii ) the Final Payment , ( iii ) the Prepayment Fee , and ( iv ) all other sums , if any , that shall have become due and payable , including interest at the Default Rate with respect to any past due amounts .
<response> If the Term Loans are accelerated following the occurrence of an Event of Default , <person>Borrower</person> shall immediately pay to Lenders an amount equal to the sum of : ( i ) all outstanding principal plus accrued and unpaid interest , ( ii ) the Final Payment , ( iii ) the Prepayment Fee , and ( iv ) all other sums , if any , that shall have become due and payable , including interest at the Default Rate with respect to any past due amounts . </response>
363
( f ) Permitted Prepayment of Loans .
<response> ( f ) Permitted Prepayment of Loans . </response>
364
Borrower shall have the option to prepay all , but not less than all , of the Term Loan advanced by Lenders under this Agreement , provided Borrower ( i ) provides written notice to Agent of its election to prepay the Term Loan at least three ( 3 ) days prior to such prepayment , and ( ii ) pays , on the date of such prepayment ( A ) all outstanding principal plus accrued and unpaid interest , ( B ) the Final Payment , ( C ) the Prepayment Fee , and ( D ) all other sums , if any , that shall have become due and payable , including interest at the Default Rate with respect to any past due amounts .
<response> <person>Borrower</person> shall have the option to prepay all , but not less than all , of the Term Loan advanced by Lenders under this Agreement , provided <person>Borrower</person> ( i ) provides written notice to Agent of its election to prepay the Term Loan at least three ( 3 ) days prior to such prepayment , and ( ii ) pays , on the date of such prepayment ( A ) all outstanding principal plus accrued and unpaid interest , ( B ) the Final Payment , ( C ) the Prepayment Fee , and ( D ) all other sums , if any , that shall have become due and payable , including interest at the Default Rate with respect to any past due amounts . </response>
365
2 . 2 Payment of Interest on the Credit Extensions .
<response> 2 . 2 Payment of Interest on the Credit Extensions . </response>
366
( a ) Interest Rate .
<response> ( a ) Interest Rate . </response>
367
Subject to Section 2 . 2 ( b ), the principal amount of each Term Loan outstanding shall accrue interest at a fixed per annum rate of interest equal to nine and one - half of one percent ( 9 . 50 %), which interest shall be payable monthly .
<response> Subject to Section 2 . 2 ( b ), the principal amount of each Term Loan outstanding shall accrue interest at a fixed per annum rate of interest equal to nine and one - half of one percent ( 9 . 50 %), which interest shall be payable monthly . </response>
368
( b ) Default Rate .
<response> ( b ) Default Rate . </response>
369
Immediately upon the occurrence and during the continuance of an Event of Default , Obligations shall bear interest at a rate per annum which is four percentage points above the rate effective immediately before the Event of Default ( the " Default Rate ").
<response> Immediately upon the occurrence and during the continuance of an Event of Default , Obligations shall bear interest at a rate per annum which is four percentage points above the rate effective immediately before the Event of Default ( the " Default Rate "). </response>
370
Payment or acceptance of the increased interest rate provided in this Section 2 . 2 ( b ) is not a permitted alternative to timely payment and shall not constitute a waiver of any Event of Default or otherwise prejudice or limit any rights or remedies of Lenders and / or Agent .
<response> Payment or acceptance of the increased interest rate provided in this Section 2 . 2 ( b ) is not a permitted alternative to timely payment and shall not constitute a waiver of any Event of Default or otherwise prejudice or limit any rights or remedies of Lenders and / or Agent . </response>
371
( c ) 360 - Day Year .
<response> ( c ) 360 - Day Year . </response>
372
Interest shall be computed on the basis of a 360 - day year for the actual number of days elapsed .
<response> Interest shall be computed on the basis of a 360 - day year for the actual number of days elapsed . </response>
373
( d ) Debit of Accounts .
<response> ( d ) Debit of Accounts . </response>
374
Agent may debit any of Borrower ' s deposit accounts , including the Designated Deposit Account , for principal and interest payments or any other amounts Borrower owes Lenders hereunder when due .
<response> Agent may debit any of <person>Borrower</person> ' s deposit accounts , including the Designated Deposit Account , for principal and interest payments or any other amounts <person>Borrower</person> owes Lenders hereunder when due . </response>
375
These debits shall not constitute a set - off .
<response> These debits shall not constitute a set - off . </response>
376
( e ) Payments .
<response> ( e ) Payments . </response>
377
Unless otherwise provided , interest is payable monthly on the first calendar day of each month .
<response> Unless otherwise provided , interest is payable monthly on the first calendar day of each month . </response>
378
Payments of principal and / or interest received after 12 : 00 noon Eastern time are considered received at the opening of business on the next Business Day .
<response> Payments of principal and / or interest received after 12 : 00 noon Eastern time are considered received at the opening of business on the next Business Day . </response>
379
When a payment is due on a day that is not a Business Day , the payment is due the next Business Day and additional fees or interest , as applicable , shall continue to accrue .
<response> When a payment is due on a day that is not a Business Day , the payment is due the next Business Day and additional fees or interest , as applicable , shall continue to accrue . </response>
380
2 . 3 Fees .
<response> 2 . 3 Fees . </response>
381
Borrower shall pay to Agent : ( a ) Commitment Fee .
<response> <person>Borrower</person> shall pay to Agent : ( a ) Commitment Fee . </response>
382
A fully earned , non - refundable commitment fee of Ten Thousand Dollars ($ 10 , 000 . 00 ), on the Effective Date ; ( b ) Prepayment Fee .
<response> A fully earned , non - refundable commitment fee of Ten Thousand Dollars ($ 10 , 000 . 00 ), on the Effective Date ; ( b ) Prepayment Fee . </response>
383
The Prepayment Fee , when due hereunder ; ( c ) Final Payment .
<response> The Prepayment Fee , when due hereunder ; ( c ) Final Payment . </response>
384
The Final Payment , when due hereunder ; ( d ) Lenders ' Expenses .
<response> The Final Payment , when due hereunder ; ( d ) Lenders ' Expenses . </response>
385
All Lenders ' Expenses ( including reasonable attorneys ' fees and expenses , plus expenses , for documentation and negotiation of this Agreement ) incurred through and after the Effective Date , when due .
<response> All Lenders ' Expenses ( including reasonable attorneys ' fees and expenses , plus expenses , for documentation and negotiation of this Agreement ) incurred through and after the Effective Date , when due . </response>
386
2 . 4 Additional Costs .
<response> 2 . 4 Additional Costs . </response>
387
If any new law or regulation increases Agent and / or Lenders ' costs or reduces its income for any loan , Borrower shall pay the increase in cost or reduction in income or additional ; provided , however , that Borrower shall not be liable for any amount attributable to any period before one hundred eighty ( 180 ) days prior to the date Agent notifies Borrower of such increased costs .
<response> If any new law or regulation increases Agent and / or Lenders ' costs or reduces its income for any loan , <person>Borrower</person> shall pay the increase in cost or reduction in income or additional ; provided , however , that <person>Borrower</person> shall not be liable for any amount attributable to any period before one hundred eighty ( 180 ) days prior to the date Agent notifies <person>Borrower</person> of such increased costs . </response>
388
Lenders agree that they shall allocate any increased costs among their customers similarly affected in good faith and in a manner consistent with Lenders ' customary practice .
<response> Lenders agree that they shall allocate any increased costs among their customers similarly affected in good faith and in a manner consistent with Lenders ' customary practice . </response>
389
- 2 - 3 CONDITIONS OF LOANS 3 . 1 Conditions Precedent to Initial Credit Extension .
<response> - 2 - 3 CONDITIONS OF LOANS 3 . 1 Conditions Precedent to Initial Credit Extension . </response>
390
Lenders ' obligation to make the initial Credit Extension is subject to the condition precedent that Agent shall have received , in form and substance satisfactory to Agent , such documents , and completion of such other matters , as Agent may reasonably deem necessary or appropriate , including , without limitation : ( a ) Duly executed original signatures to the Loan Documents to which it is a party ; ( b ) VCOC Letter Agreement ; ( c ) Right to Invest Letter ; ( d ) Borrower shall have delivered its Operating Documents and a good standing certificate of Borrower certified by the Secretary of State of the State of Delaware as of a date no earlier than thirty ( 30 ) days prior to the Effective Date ; ( e ) Duly executed and completed Borrowing Resolutions for Borrower ; ( f ) Agent shall have received certified copies , dated as of a recent date , of financing statement searches , as Agent shall request , accompanied by written evidence ( including any UCC termination statements ) that the Liens indicated in any such financing statements either constitute Permitted Liens or have been or , in connection with the initial Credit Extension , will be terminated or released ; ( g ) Borrower shall have delivered evidence satisfactory to Agent that the insurance policies required by Section 6 . 5 hereof are in full force and effect , together with appropriate evidence showing loss payable and / or additional insured clauses or endorsements in favor of Lenders ; ( h ) Borrower shall have paid the fees and Lenders ' Expenses then due as specified in Section 2 . 3 hereof ; or ( i ) There has not been any material impairment in the general affairs , management , results of operation , financial condition or the prospect of repayment of the Obligations , nor has there been any material adverse deviation by Borrower from the most recent business plan of Borrower presented to and accepted by Agent .
<response> Lenders ' obligation to make the initial Credit Extension is subject to the condition precedent that Agent shall have received , in form and substance satisfactory to Agent , such documents , and completion of such other matters , as Agent may reasonably deem necessary or appropriate , including , without limitation : ( a ) Duly executed original signatures to the Loan Documents to which it is a party ; ( b ) VCOC Letter Agreement ; ( c ) Right to Invest Letter ; ( d ) <person>Borrower</person> shall have delivered its Operating Documents and a good standing certificate of <person>Borrower</person> certified by the Secretary of State of the State of Delaware as of a date no earlier than thirty ( 30 ) days prior to the Effective Date ; ( e ) Duly executed and completed Borrowing Resolutions for <person>Borrower</person> ; ( f ) Agent shall have received certified copies , dated as of a recent date , of financing statement searches , as Agent shall request , accompanied by written evidence ( including any UCC termination statements ) that the Liens indicated in any such financing statements either constitute Permitted Liens or have been or , in connection with the initial Credit Extension , will be terminated or released ; ( g ) <person>Borrower</person> shall have delivered evidence satisfactory to Agent that the insurance policies required by Section 6 . 5 hereof are in full force and effect , together with appropriate evidence showing loss payable and / or additional insured clauses or endorsements in favor of Lenders ; ( h ) <person>Borrower</person> shall have paid the fees and Lenders ' Expenses then due as specified in Section 2 . 3 hereof ; or ( i ) There has not been any material impairment in the general affairs , management , results of operation , financial condition or the prospect of repayment of the Obligations , nor has there been any material adverse deviation by <person>Borrower</person> from the most recent business plan of <person>Borrower</person> presented to and accepted by Agent . </response>
391
3 . 2 Conditions Precedent to all Credit Extensions .
<response> 3 . 2 Conditions Precedent to all Credit Extensions . </response>
392
Lenders ' obligation to make each Credit Extension , including the initial Credit Extension , is subject to the following : ( a ) except as otherwise provided in Section 3 . 4 , timely receipt of an executed Payment / Advance Form ; and ( b ) the representations and warranties in Section 5 shall be true in all material respects on the date of the Payment / Advance Form and on the Funding Date of each Credit Extension ; provided , however , that such materiality qualifier shall not be applicable to any representations and warranties that already are qualified or modified by materiality in the text thereof ; and provided , further that those representations and warranties expressly referring to a specific date shall be true , accurate and complete in all material respects as of such date , and no Default or Event of Default shall have occurred and be continuing or result from the Credit Extension .
<response> Lenders ' obligation to make each Credit Extension , including the initial Credit Extension , is subject to the following : ( a ) except as otherwise provided in Section 3 . 4 , timely receipt of an executed Payment / Advance Form ; and ( b ) the representations and warranties in Section 5 shall be true in all material respects on the date of the Payment / Advance Form and on the Funding Date of each Credit Extension ; provided , however , that such materiality qualifier shall not be applicable to any representations and warranties that already are qualified or modified by materiality in the text thereof ; and provided , further that those representations and warranties expressly referring to a specific date shall be true , accurate and complete in all material respects as of such date , and no Default or Event of Default shall have occurred and be continuing or result from the Credit Extension . </response>
393
Each Credit Extension is Borrower ' s representation and warranty on that date that the representations and warranties in Section 5 remain true in all material respects ; provided , however , that such materiality qualifier shall not be applicable to any representations and warranties that already are qualified or modified by materiality in the text thereof ; and provided , further that those representations and warranties expressly referring to a specific date shall be true , accurate and complete in all material respects as of such date .
<response> Each Credit Extension is <person>Borrower</person> ' s representation and warranty on that date that the representations and warranties in Section 5 remain true in all material respects ; provided , however , that such materiality qualifier shall not be applicable to any representations and warranties that already are qualified or modified by materiality in the text thereof ; and provided , further that those representations and warranties expressly referring to a specific date shall be true , accurate and complete in all material respects as of such date . </response>
394
3 . 3 Covenant to Deliver .
<response> 3 . 3 Covenant to Deliver . </response>
395
Borrower agrees to deliver to Agent each item required to be delivered to Agent under this Agreement as a condition to any Credit Extension .
<response> <person>Borrower</person> agrees to deliver to Agent each item required to be delivered to Agent under this Agreement as a condition to any Credit Extension . </response>
396
Borrower expressly agrees that the extension of a Credit Extension prior to the receipt by Agent of any such item shall not constitute a waiver by Agent of Borrower ' s obligation to deliver such item , and any such extension in the absence of a required item shall be in Agent ' s sole discretion .
<response> <person>Borrower</person> expressly agrees that the extension of a Credit Extension prior to the receipt by Agent of any such item shall not constitute a waiver by Agent of <person>Borrower</person> ' s obligation to deliver such item , and any such extension in the absence of a required item shall be in Agent ' s sole discretion . </response>
397
- 3 - 3 . 4 Procedures for Borrowing .
<response> - 3 - 3 . 4 Procedures for Borrowing . </response>
398
Subject to the prior satisfaction of all other applicable conditions to the making of a Term Loan set forth in this Agreement , to obtain a Term Loan , Borrower must notify Agent by facsimile or telephone by 12 : 00 p . m . Eastern time ten ( 10 ) Business Days prior to the date the Term Loan is to be made .
<response> Subject to the prior satisfaction of all other applicable conditions to the making of a Term Loan set forth in this Agreement , to obtain a Term Loan , <person>Borrower</person> must notify Agent by facsimile or telephone by 12 : 00 p . m . Eastern time ten ( 10 ) Business Days prior to the date the Term Loan is to be made . </response>
399
If such notification is by telephone , Borrower must promptly confirm the notification by delivering to Agent a completed Payment / Advance Form in the form attached as Exhibit B ( the Payment / Advance Form ).
<response> If such notification is by telephone , <person>Borrower</person> must promptly confirm the notification by delivering to Agent a completed Payment / Advance Form in the form attached as Exhibit B ( the Payment / Advance Form ). </response>