BE DEEMED RECEIVED BY LENDER ONLY
IF IT IS RECEIVED INTO THE LENDER ACCOUNT ON A BUSINESS DAY ON OR BEFORE 11:00
A.M. (CALIFORNIA TIME).
IF ANY PAYMENT ITEM IS RECEIVED INTO THE LENDER ACCOUNT
ON A DAY THAT IS NOT A BUSINESS DAY OR AFTER 11:00 A.M. (CALIFORNIA TIME) ON A
BUSINESS DAY, IT SHALL BE DEEMED TO HAVE BEEN RECEIVED BY
22
LENDER AS OF THE OPENING OF BUSINESS ON THE IMMEDIATELY FOLLOWING BUSINESS DAY
AND ANY APPLICABLE INTEREST OR FEE SHALL CONTINUE TO ACCRUE UNTIL SUCH FOLLOWING
BUSINESS DAY.
2.9
ALL LOANS TO CONSTITUTE ONE LOAN.
NOTWITHSTANDING THE LIMITATIONS
ON THE MAXIMUM CREDIT LINE SET FORTH IN SECTION 2.1, ALL ADVANCES MADE BY LENDER
TO BORROWER UNDER THIS AGREEMENT AND THE OTHER LOAN DOCUMENTS SHALL CONSTITUTE
ONE LOAN TO BORROWER AND ALL OBLIGATIONS OF BORROWER UNDER THIS AGREEMENT AND
THE OTHER LOAN DOCUMENTS SHALL CONSTITUTE ONE GENERAL OBLIGATION OF BORROWER
SECURED BY LENDER'S SECURITY INTEREST IN ALL THE COLLATERAL AND BY ALL OTHER
SECURITY INTERESTS, LIENS, CLAIMS AND ENCUMBRANCES HERETOFORE, NOW, OR AT ANY
TIME HEREAFTER GRANTED TO OR OBTAINED BY LENDER WITH RESPECT TO ANY PROPERTY OR
ASSETS OF BORROWER.
ALL OF THE RIGHTS OF LENDER SET FORTH IN THIS AGREEMENT
SHALL APPLY TO ANY MODIFICATION OF OR SUPPLEMENT TO THIS AGREEMENT AND THE OTHER
LOAN DOCUMENTS.
2.10
LOAN PURPOSE.
BORROWER SHALL USE THE ADVANCES PROVIDED FOR
HEREUNDER SOLELY FOR THE PURPOSE OF PAYING FEES AND EXPENSES IN CONNECTION WITH
THE CLOSING OF THIS AGREEMENT AND FINANCING SBA 7(A) LOANS MADE BY BORROWER.
BORROWER'S USE OF SUCH ADVANCES SHALL BE ONLY FOR LEGAL PURPOSES PERMITTED BY
BORROWER'S ORGANIZATIONAL DOCUMENTS OR OTHERWISE AUTHORIZED BY APPROPRIATE
CORPORATE ACTION, CONSISTENT WITH THE MULTI-PARTY AGREEMENT AND ALL APPLICABLE
LAWS, STATUTES AND REGULATIONS.
2.11
TERM OF AGREEMENT; SURVIVAL OF CERTAIN OBLIGATIONS.
SUBJECT TO
LENDER'S RIGHT TO CEASE MAKING ADVANCES TO BORROWER, AS SET FORTH IN SECTION 7.2
OR AS OTHERWISE SPECIFICALLY SET FORTH IN THIS AGREEMENT, THE PROVISIONS OF THIS
AGREEMENT SHALL BE IN EFFECT UNTIL THE TERMINATION DATE; PROVIDED, THAT IN THE
EVENT OF A PREPAYMENT OF THE ENTIRE PRINCIPAL AMOUNT THEN OUTSTANDING UNDER THE
REVOLVING LOANS PRIOR TO THE TERMINATION DATE, BORROWER SHALL SIMULTANEOUSLY
THEREWITH PAY TO LENDER, IN IMMEDIATELY AVAILABLE FUNDS, ALL OUTSTANDING
OBLIGATIONS IN FULL, IN ACCORDANCE WITH THE TERMS OF THE AGREEMENTS CREATING AND
INSTRUMENTS EVIDENCING SUCH OBLIGATIONS, TOGETHER WITH THE PREPAYMENT FEE, IF
ANY, PAYABLE PURSUANT TO SECTION 2.6; AND PROVIDED FURTHER, THAT FROM AND AFTER
ANY TERMINATION DATE UNTIL FULL PAYMENT OF THE OBLIGATIONS, LENDER SHALL RETAIN
ALL RIGHTS AND REMEDIES PROVIDED UNDER THIS AGREEMENT AND EACH OF THE OTHER LOAN
DOCUMENTS.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED FOR IN THIS AGREEMENT AND IN
THE OTHER LOAN DOCUMENTS, NO TERMINATION OR CANCELLATION (REGARDLESS OF CAUSE OR
PROCEDURE) OF THIS AGREEMENT OR THE OTHER LOAN DOCUMENTS SHALL IN ANY WAY AFFECT
OR IMPAIR THE POWERS, OBLIGATIONS, DUTIES, RIGHTS, AND LIABILITIES OF BORROWER
OR LENDER RELATING TO (A) ANY TRANSACTION OR EVENT OCCURRING PRIOR TO SUCH