Commitment of the Lenders. (a) Each Lender severally and not jointly with any other Lender, agrees, upon the terms and subject to the conditions herein set forth, to extend credit to the Borrowers on a revolving basis, in the form of Revolving Loans, participations in Swingline Loans, and Letters of Credit and in an amount not to exceed the lesser of such Lender’s Commitment or such Lender’s Commitment Percentage of the lesser of (x) the Borrowing Base or (y) the Total Commitments, subject to the following limitations: (i) The aggregate outstanding amount of the Credit Extensions shall not at any time exceed the lower of (i) (x) $380,000,000, or (y) such greater amount or lesser amount to which the Total Commitments have then been increased or decreased by the Borrowers pursuant to Sections 2.2 and/or 2.17 hereof, or (ii) the then amount of the Borrowing Base plus any Permitted Overadvances. (ii) No Lender (other than the applicable Issuing Bank) shall be obligated to issue any Letter of Credit, and Letters of Credit shall be available from the Issuing Banks, subject to the ratable participation of all Lenders, as set forth in Section 2.7. The aggregate Letter of Credit Outstandings shall not at any time exceed $100,000,000, and the aggregate amount of Letter of Credit Outstandings with respect to Standby Letters of Credit shall not at any time exceed $50,000,000. (iii) Subject to all of the other provisions of this Agreement, Revolving Loans that are repaid may be reborrowed prior to the Termination Date. No new Credit Extension, however, shall be made to the Borrowers after the Termination Date. (b) Each Borrowing of Revolving Loans (other than Swingline Loans) shall be made by the Lenders pro rata in accordance with their respective Commitments. The failure of any Lender to make any Loan shall neither relieve any other Lender of its obligation to fund its Loan in accordance with the provisions of this Agreement nor increase the obligation of any such other Lender.
Appears in 2 contracts
Sources: Credit Agreement (Brown Shoe Co Inc), Credit Agreement (Brown Shoe Co Inc)
Commitment of the Lenders. (a) Each Lender severally and not jointly with any other Lender, agrees, upon the terms and subject to the conditions herein set forth, to extend credit to the Borrowers on a revolving basis, in the form of Revolving Loans, participations in Swingline Loans, and Letters of Credit and in an amount not to exceed the lesser of such Lender’s Commitment or such Lender’s Commitment Percentage of the lesser of (x) the Borrowing Base or (y) the Total CommitmentsLoan Cap, subject to the following limitations:
(i) The aggregate outstanding amount of the Credit Extensions shall not at any time exceed the lower of (i) (x) $380,000,000600,000,000, or (y) such greater amount or lesser amount to which the Total Commitments have then been increased or decreased by the Borrowers pursuant to Sections 2.2 and/or 2.17 hereof, or (ii) the then amount of the Borrowing Base plus any Permitted Overadvances.
(ii) No Lender (other than the applicable Issuing Bank) shall be obligated to issue any Letter of Credit, and Letters of Credit shall be available from the Issuing Banks, subject to the ratable participation of all Lenders, as set forth in Section 2.7. The aggregate Letter of Credit Outstandings shall not at any time exceed $100,000,000, and the aggregate amount of Letter of Credit Outstandings with respect to Standby Letters of Credit shall not at any time exceed $50,000,000.
(iii) Subject to all of the other provisions of this Agreement, Revolving Loans that are repaid may be reborrowed prior to the Termination Date. No new Credit Extension, however, shall be made to the Borrowers after the Termination Date.
(b) Each Borrowing of Revolving Loans (other than Swingline Loans) shall be made by the Lenders pro rata in accordance with their respective Commitments. The failure of any Lender to make any Loan shall neither relieve any other Lender of its obligation to fund its Loan in accordance with the provisions of this Agreement nor increase the obligation of any such other Lender.
Appears in 2 contracts
Sources: Credit Agreement (Caleres Inc), Credit Agreement (Brown Shoe Co Inc)
Commitment of the Lenders. (a) Each Lender severally and not jointly with any other Lender, agrees, upon the terms and subject to the conditions herein set forth, to extend credit to the Borrowers on a revolving basis, in the form of Revolving Loans, participations in Swingline Loans, Loans and Letters of Credit and in an amount not to exceed the lesser of such Lender’s 's Commitment or such Lender’s 's Commitment Percentage of the lesser of (x) the Borrowing Base or (y) the Total CommitmentsBase, subject to the following limitations:
(i) The aggregate outstanding amount of the Loans and Letters of Credit Extensions Outstandings shall not at any time exceed the lower of (i) (x) $380,000,000125,000,000 or, or (y) such greater amount or lesser in each case, any other amount to which the Total Commitments have then been increased or decreased reduced by the Borrowers pursuant to Sections 2.2 and/or 2.17 hereof2.02 or 2.16, or and (ii) the then amount of the Borrowing Base plus any Permitted OveradvancesBase.
(ii) No Lender (other than the applicable Issuing Bank) shall be obligated to issue any Letter of Credit, and Letters of Credit shall be available from the Issuing BanksBank, subject to the ratable participation of all Lenders, as set forth in Section 2.72.07. The Borrowers will not at any time permit the aggregate Letter of Credit Outstandings shall not at any time to exceed $100,000,000, and the aggregate amount of Letter of Credit Outstandings with respect to Standby Letters of Credit shall not at any time exceed $50,000,000125,000,000.
(iii) Subject to all of the other provisions of this Agreement, Revolving Loans that are repaid may be reborrowed prior to the Termination Date. No new Credit Extension, however, shall be made to the Borrowers after the Termination Date.
(b) Each Borrowing of Revolving Loans (other than Swingline Loans) shall be made by the Lenders pro rata in accordance with their respective CommitmentsCommitment Percentages. The failure of any Lender to make any Loan shall neither relieve any other Lender of its obligation to fund its Loan in accordance with the provisions of this Agreement nor increase the obligation of any such other Lender.
Appears in 2 contracts
Sources: Credit Agreement (Petsmart Inc), Credit Agreement (Petsmart Inc)
Commitment of the Lenders. (a) Each Lender severally and not jointly with any other Lender, agrees, upon the terms and subject to the conditions herein set forth, to extend credit to the Borrowers on a revolving basis, in the form of Revolving Loans, participations in Swingline Loans, Loans and Letters of Credit and in an amount not to exceed the lesser of such Lender’s 's Commitment or such Lender’s 's Commitment Percentage of the lesser of (x) the Borrowing Base or (y) the Total CommitmentsBase, subject to the following limitations:
(i) The aggregate outstanding amount of the Credit Extensions shall not at any time exceed the lower of (iA)(1) prior to the occurrence of the Repayment Event, $835,000,000, and (x2) $380,000,000, or subject to the provisions of clause (y) such greater amount or of the proviso below, after the occurrence of the Repayment Event, $1,000,000,000, or, in each case, any lesser amount to which the Total Commitments have Commitment has then been increased or decreased reduced by the Borrowers pursuant to Sections 2.2 and/or 2.17 hereofSection 2.15, or (iiB) the then amount of the Borrowing Base plus Base, provided that (x) in the event that the Repayment Event has occurred on or before February 6, 2004, the Incremental Commitment of each Lender shall become automatically effective without any Permitted Overadvancesfurther action by any of the Agent, the Lenders or the Borrowers, and (y) in the event that the Repayment Event has not occurred on or before February 6, 2004, the Total Commitment shall not exceed $835,000,000 and the Incremental Commitments shall be terminated in their entirety.
(ii) No Lender (other than the applicable Issuing Bank) shall be obligated to issue any Letter of Credit, and Letters of Credit shall be available from the any Issuing BanksBank, subject to the ratable participation of all Lenders, as set forth in Section 2.72.06. The Borrowers will not at any time permit the aggregate Letter of Credit Outstandings shall not at any time to exceed $100,000,000, and the aggregate amount of Letter of Credit Outstandings with respect to Standby Letters of Credit shall not at any time exceed $50,000,000400,000,000.
(iii) Subject to all of the other provisions of this Agreement, Revolving Loans that are repaid may be reborrowed prior to the Termination Date. No new Credit Extension, however, shall be made to the Borrowers after the Termination Date.
(b) Each Subject to the provisions of Section 2.01(c), each Borrowing of Revolving Loans (other than Swingline Loans) shall be made by the Lenders pro rata in accordance with their respective Commitments. The failure of any Lender to make any Loan shall neither relieve any other Lender of its obligation to fund its Loan in accordance with the provisions of this Agreement nor increase the obligation of any such other Lender.
(c) Notwithstanding anything to the contrary herein contained, (x) until the Repayment Event has occurred, Credit Extensions shall be made by the Lenders pro rata in accordance with their respective Pre-Repayment Commitment Percentages, (y) if the Repayment Event has occurred on or before February 6, 2004, upon the occurrence of the Repayment Event, Credit Extensions shall be made pro rata in accordance with their respective Commitment Percentages, and (z) if the Repayment Event has not occurred on or before February 6, 2004, Credit Extensions shall at all times thereafter be made by the Lenders in accordance with their respective Pre-Repayment Commitment Percentages as set forth on Schedule 1.1 (whether or not the Repayment Event subsequently occurs). Subject to the provisions of clause (z), above, promptly following the occurrence of the Repayment Event, the Lenders and the Borrowers agree that, notwithstanding anything to the contrary in this Agreement, (i) the Borrowers shall, in coordination with the Agent, (A) repay all or a portion of the outstanding Revolving Loans of certain Lenders, and obtain Revolving Loans from certain other Lenders, but in no event in excess of each such Lender's Commitment, and (B) take such other actions as reasonably may be required by the Agent, in each case to the extent necessary so that all of the Lenders effectively participate in each of the outstanding Revolving Loans pro rata on the basis of their Commitment Percentages, and (ii) the Borrowers shall pay to the Lenders any Breakage Costs (as defined in Section 2.19, below) in connection with any repayment of any Revolving Loans required pursuant to preceding clause (i).
Appears in 2 contracts
Sources: Credit Agreement (Dillards Inc), Credit Agreement (Dillards Inc)
Commitment of the Lenders. (a) Each Lender severally and not jointly with any other Lender, agrees, upon the terms and subject to the conditions herein set forth, to extend credit to the Borrowers on a revolving basis, in the form of Revolving Loans, participations in Swingline Loans, Loans and Letters of Credit and in an amount not to exceed the lesser of such Lender’s 's Commitment or such Lender’s 's Commitment Percentage of the lesser of (x) the Borrowing Base or (y) the Total Commitments, subject to the following limitations:
(i) The aggregate outstanding amount of the Credit Extensions shall not at any time exceed the lower of (i) (x) $380,000,000the Total Commitments, or (y) such greater amount or lesser amount to which the Total Commitments have then been increased or decreased by the Borrowers pursuant to Sections 2.2 and/or 2.17 Section 2.15 hereof, or (ii) the then amount of the Borrowing Base plus any Permitted OveradvancesBase.
(ii) No Lender (other than the applicable Issuing Bank) shall be obligated to issue any Letter of Credit, and Letters of Credit shall be available from the Issuing Banks, subject to the ratable participation of all Lenders, as set forth in Section 2.72.6. The aggregate Letter of Credit Outstandings shall not at any time exceed $100,000,000, and the aggregate amount of Letter of Credit Outstandings with respect to Standby Letters of Credit shall not at any time exceed $50,000,000.
(iii) Subject to all of the other provisions of this Agreement, Revolving Loans that are repaid may be reborrowed prior to the Termination Date. No new Credit Extension, however, shall be made to the Borrowers after the Termination Date.
(b) Each Borrowing of Revolving Loans (other than Swingline Loans) shall be made by the Lenders pro rata in accordance with their respective Commitments. The failure of any Lender to make any Loan shall neither relieve any other Lender of its obligation to fund its Loan in accordance with the provisions of this Agreement nor increase the obligation of any such other Lender.
Appears in 1 contract
Sources: Credit Agreement (GameStop Corp.)
Commitment of the Lenders. (a) Each Lender severally and not jointly with any other Lender, agrees, upon the terms and subject to the conditions herein set forth, to extend credit to the Borrowers Borrower on a revolving basis, in the form of Revolving Loans, participations in Swingline Loans, Loans and Letters of Credit and in an amount not to exceed the lesser of such Lender’s Commitment or such Lender’s Commitment Percentage of the lesser of (x) the Borrowing Base or (y) the Total CommitmentsBase, subject to the following limitations:
(i) The aggregate outstanding amount of the Credit Extensions shall not at any time exceed the lower of (i) (x) $380,000,000200,000,000 or, or (y) such greater amount or lesser in each case, any other amount to which the Total Commitments have then been increased or decreased reduced by the Borrowers Borrower pursuant to Sections 2.2 and/or 2.17 hereof2.02 or 2.16, or and (ii) the then amount of the Borrowing Base plus any Permitted OveradvancesBase.
(ii) No Lender (other than the applicable Issuing Bank) shall be obligated to issue any Letter of Credit, and Letters of Credit shall be available from the Issuing BanksBank, subject to the ratable participation of all Lenders, as set forth in Section 2.72.07. The Borrower will not at any time permit the aggregate Letter of Credit Outstandings shall not at any time to exceed $100,000,000, and the aggregate amount of Letter of Credit Outstandings with respect to Standby Letters of Credit shall not at any time exceed $50,000,00015,000,000.
(iii) Subject to all of the other provisions of this Agreement, Revolving Loans that are repaid may be reborrowed prior to the Termination Date. No new Credit Extension, however, shall be made to the Borrowers Borrower after the Termination Date.
(b) Each Borrowing of Revolving Loans (other than Swingline Loans) shall be made by the Lenders pro rata in accordance with their respective Commitments. The failure of any Lender to make any Loan shall neither relieve any other Lender of its obligation to fund its Loan in accordance with the provisions of this Agreement nor increase the obligation of any such other Lender.
Appears in 1 contract
Sources: Credit Agreement (Dri I Inc)
Commitment of the Lenders. (a) Each Lender Lender, severally and not jointly with any other Lender, agrees, upon the terms and subject to the conditions herein set forth, to extend credit make Credit Extensions in Dollars to or for the benefit of the Borrowers on a revolving basissubject, in the form of Revolving Loanseach case, participations in Swingline Loans, and Letters of Credit and in an amount not to exceed the lesser of such Lender’s Commitment or such Lender’s Commitment Percentage of the lesser of (x) the Borrowing Base or (y) the Total Commitments, subject to the following limitations:
(i) The the aggregate outstanding amount of the Credit Extensions to the Borrowers shall not at any time exceed the lower of (i) (x) $380,000,000, or (y) such greater amount or lesser amount cause Excess Availability to which the Total Commitments have then been increased or decreased by the Borrowers pursuant to Sections 2.2 and/or 2.17 hereof, or (ii) the then amount of the Borrowing Base plus any Permitted Overadvances.be less than zero;
(ii) No Lender (other than the applicable Issuing Bank) shall be obligated to issue any Letter of Credit, and Letters of Credit shall be available from the Issuing Banks, subject Bank to the ratable participation of all Lenders, as set forth in Section 2.7. The Borrowers and their Restricted Subsidiaries; provided that the Borrowers shall not at any time permit the aggregate Letter of Credit Outstandings shall not at any time to exceed $100,000,000, and the aggregate amount of Letter of Credit Outstandings with respect to Standby Letters of Credit shall not at any time exceed $50,000,000.Sublimit;
(iii) Subject no Lender shall be obligated to make any Credit Extension to the Borrowers in excess of such Lender’s Tranche A Commitment or Tranche A-1 Commitment, as applicable;
(iv) the aggregate outstanding amount of the Tranche A Credit Extensions shall not exceed the lesser of (A) the Tranche A Commitments and (B) the Tranche A Borrowing Base;
(v) the aggregate outstanding amount of the Tranche A-1 Credit Extensions shall not exceed the lesser of (A) the Tranche A-1 Commitments and (B) Incremental Availability;
(vi) the Lead Borrower shall not request, and the Tranche A Lenders shall be under no obligation to fund, any Tranche A Loan unless the Borrowers have borrowed the full amount of the lesser of the Tranche A-1 Commitments or Incremental Availability (to the extent that such Tranche A-1 Commitments have not been terminated);
(vii) subject to all of the other provisions of this Agreement, Revolving Loans to the Borrowers that are repaid may be reborrowed prior to the Termination Date. No ;
(viii) no new Credit Extension, however, Extensions (other than Permitted Overadvances) shall be made to the Borrowers after the Termination Date; and
(ix) the aggregate outstanding amount of Credit Extensions in favor of (A) all Caribbean Borrowers in the aggregate shall not exceed $100,000,000 and (B) any Caribbean Borrower individually shall not exceed $50,000,000.
(b) Each All Tranche A-1 Credit Extensions shall be Tranche A-1 Loans and all Letters of Credit and Swingline Loans shall constitute Tranche A Credit Extensions.
(c) Except as provided in Section 2.01(a)(vi), each Borrowing of Revolving Loans (other than Swingline Loans) by the Borrowers shall be made by the Lenders pro rata in accordance with their respective Tranche A Commitments or Tranche A-1 Commitments, as applicable. The failure of any Lender to make any Loan to the Borrowers shall neither relieve any other Lender of its obligation to fund its Loan to the Borrowers in accordance with the provisions of this Agreement nor increase the obligation of any such other Lender.
Appears in 1 contract
Commitment of the Lenders. (a) Each Lender severally and not jointly with any other Lender, agrees, upon the terms and subject to the conditions herein set forth, to extend credit to the Borrowers Borrowers, or any of them, on a revolving basis, in the form of Revolving Loans, participations in Swingline Loans, Loans and Letters of Credit and in an amount not to exceed the lesser of such Lender’s Commitment or such Lender’s Commitment Percentage of the lesser of (x) the Borrowing Base or (y) the Total CommitmentsBase, subject to the following limitations:
(i) The aggregate outstanding amount of the Credit Extensions shall not at any time exceed the lower of (i) (x) $380,000,000, or (y) such greater amount or lesser amount to which the Total Commitments have then been increased or decreased by the Borrowers pursuant to Sections 2.2 and/or 2.17 hereof, or (ii) the then amount of the Borrowing Base plus any Permitted OveradvancesLine Cap.
(ii) No Lender (other than the applicable Issuing Bank) shall be obligated to issue any Letter of Credit, and Letters of Credit shall be available from the Issuing Banks, subject to the ratable participation of all Lenders, as set forth in Section 2.7SECTION 2.6. The Borrowers will not at any time permit the aggregate Letter of Credit Outstandings shall not at any time to exceed $100,000,000, and the aggregate amount of Letter of Credit Outstandings with respect to Standby Letters of Credit shall not at any time exceed $50,000,00020,000,000.
(iii) Subject to all of the other provisions of this Agreement, Revolving Loans that are repaid may be reborrowed prior to the Extended Termination Date. No However, no new Credit Extension, however, Loans shall be made to the Borrowers and no new Letter of Credit shall be issued for the account of the Borrowers, after the Extended Termination Date.
(b) Each Borrowing of Revolving Loans (other than Swingline Loans) shall be made by the Lenders pro rata ratably in accordance with their respective CommitmentsCommitment Percentages. The failure of any Lender to make any Loan shall neither relieve any other Lender of its obligation to fund its Loan in accordance with the provisions of this Agreement nor increase the obligation of any such other Lender.
Appears in 1 contract
Sources: Credit Agreement (Zale Corp)
Commitment of the Lenders. (a) Each Lender severally and not jointly with any other Lender, agrees, upon the terms and subject to the conditions herein set forth, to extend credit to the Borrowers on a revolving basis, in the form of Revolving Loans, participations in Swingline Loans, Loans and Letters of Credit and in an amount not to exceed the lesser of such Lender’s 's Commitment or such Lender’s 's Commitment Percentage of the lesser of (x) the Borrowing Base or (y) the Total CommitmentsBase, subject to the following limitations:
(i) The aggregate outstanding amount of the Credit Extensions shall not at any time exceed the lower of (i) (x) $380,000,000500,000,000, or (y) such greater amount or lesser amount to which the Total Commitments have then been increased or decreased by the Borrowers pursuant to Sections 2.2 and/or Section 2.17 hereof, or (ii) the then amount of the Borrowing Base plus any Permitted OveradvancesBase.
(ii) No Lender (other than the applicable Issuing Bank) shall be obligated to issue any Letter of Credit, and Letters of Credit shall be available from the Issuing BanksBank, subject to the ratable participation of all Lenders, as set forth in Section 2.72.07. The Borrowers will not at any time permit the aggregate Letter of Credit Outstandings shall not at any time to exceed $100,000,000, and the aggregate amount of Letter of Credit Outstandings with respect to Standby Letters of Credit shall not at any time exceed $50,000,000250,000,000.
(iii) Subject to all of the other provisions of this Agreement, Revolving Loans that are repaid may be reborrowed prior to the Termination Date. No new Credit Extension, however, shall be made to the Borrowers after the Termination Date.
(b) Each Borrowing of Revolving Loans (other than Swingline Loans) shall be made by the Lenders pro rata in accordance with their respective Commitments. The failure of any Lender to make any Loan shall neither relieve any other Lender of its obligation to fund its Loan in accordance with the provisions of this Agreement nor increase the obligation of any such other Lender.
Appears in 1 contract
Commitment of the Lenders. (a) Each Tranche A Lender severally and not jointly with any other Lender, agrees, upon the terms and subject to the conditions herein set forth, to extend credit to the Borrowers Loan Parties on a revolving basis, in the form of Revolving Loans, participations in Swingline Loans, and Letters of Tranche A Credit Extensions and in an amount not to exceed the lesser of such Lender’s 's Tranche A Commitment or such Tranche A Lender’s 's Tranche A Commitment Percentage of the lesser of (x) the Borrowing Base or (y) the Total CommitmentsBase, subject to the following limitations:
(i) The aggregate outstanding amount of the Tranche A Credit Extensions and Swingline Loans shall not at any time exceed the lower of (i) (xA) until the entry of the Final Borrowing Order, $380,000,000160,000,000, or (yB) such greater amount or after the entry of the Final Borrowing Order, $200,000,000 or, in each case, any lesser amount to which the Total Tranche A Commitments have then been increased or decreased reduced by the Borrowers Loan Parties pursuant to Sections 2.2 and/or 2.17 hereofSection 2.15, or and (ii) the then amount of the Borrowing Base Base, plus any Permitted Overadvancesthe aggregate amount of cash then held in the Cash Collateral Account.
(ii) No Tranche A Lender (other than the applicable Issuing Bank) shall be obligated to issue any Letter of Credit, and Letters of Credit shall be available from the Issuing BanksBank, subject to the ratable participation of all Tranche A Lenders, as set forth in Section 2.72.06. The Loan Parties will not at any time permit the aggregate Letter of Credit Outstandings shall not at any time exceed $100,000,000, and the aggregate amount of Letter of Credit Outstandings with respect to Standby Letters of Credit shall not at any time exceed $50,000,000.
(iii) Subject to all of the other provisions of this Agreement, Revolving Tranche A Loans that are repaid may be reborrowed prior to the Termination Date. No new Tranche A Credit Extension, however, shall be made to the Borrowers Loan Parties after the Termination Date.
(b) Each Tranche B Lender, severally and not jointly with any other Lender, agrees, upon the terms and subject to the conditions herein set forth, on the Closing Date to make Tranche B Loans to the Loan Parties in an amount equal to such Tranche B Lender's Tranche B Commitment. The aggregate outstanding amount of the Tranche B Loans shall not at any time exceed $15,000,000, plus the amount of any PIK Interest which is capitalized pursuant to the provisions of Section 2.09(b) hereof. Tranche B Loans that are repaid may not be reborrowed.
(c) Each Borrowing of Revolving Tranche A Loans (other than Swingline Loans) shall be made by the Tranche A Lenders pro rata in accordance with their respective Tranche A Commitments, and the Borrowing of Tranche B Loans shall be made by the Tranche B Lenders pro rata in accordance with their respective Tranche B Commitments. The failure of any Lender to make any Loan shall neither relieve any other Lender of its obligation to fund its Loan in accordance with the provisions of this Agreement nor increase the obligation of any such other Lender.
Appears in 1 contract
Sources: Debtor in Possession Credit Agreement (Heilig Meyers Co)
Commitment of the Lenders. (a) Each Lender severally and not jointly with any other Lender, agrees, upon the terms and subject to the conditions herein set forth, to extend credit to the Borrowers on a revolving basis, in the form of Revolving Loans, participations in Swingline Loans, and Letters of Credit and in an amount not to exceed the lesser of such Lender’s 's Commitment or such Lender’s 's Commitment Percentage of the lesser of (x) the Borrowing Base or (y) the Total Commitments, subject to the following limitations:
(i) The aggregate outstanding amount of the Credit Extensions shall not at any time exceed the lower of (i) (x) $380,000,000350,000,000, or (y) such greater amount or lesser amount to which the Total Commitments have then been increased or decreased by the Borrowers pursuant to Sections 2.2 and/or and/ or 2.17 hereof, or (ii) the then amount of the Borrowing Base plus any Permitted Overadvances.
(ii) No Lender (other than the applicable Issuing Bank) shall be obligated to issue any Letter of Credit, and Letters of Credit shall be available from the Issuing Banks, subject to the ratable participation of all Lenders, as set forth in Section 2.7. The aggregate Letter of Credit Outstandings shall not at any time exceed $100,000,000, and the aggregate amount of Letter of Credit Outstandings with respect to Standby Letters of Credit shall not at any time exceed $50,000,000.
(iii) Subject to all of the other provisions of this Agreement, Revolving Loans that are repaid may be reborrowed prior to the Termination Date. No new Credit Extension, however, shall be made to the Borrowers after the Termination Date.
(b) Each Borrowing of Revolving Loans (other than Swingline Loans) shall be made by the Lenders pro rata in accordance with their respective Commitments. The failure of any Lender to make any Loan shall neither relieve any other Lender of its obligation to fund its Loan in accordance with the provisions of this Agreement nor increase the obligation of any such other Lender.
Appears in 1 contract
Sources: Credit Agreement (Brown Shoe Co Inc)
Commitment of the Lenders. (a) Each Revolving Lender severally and not jointly with any other Lender, agrees, upon the terms and subject to the conditions herein set forth, to extend credit to the Borrowers on a revolving basis, in the form of Revolving Loans, participations in Swingline Loans, Loans and Letters of Credit and in an amount not to exceed the lesser of such Lender’s Revolving Commitment or such Lender’s Revolving Commitment Percentage of the lesser of (x) the Borrowing Base or (y) the Total CommitmentsBase, subject to the following limitations:
(i) The aggregate outstanding amount of the Credit Extensions and Swingline Loans shall not at any time exceed the lower of (i) (x) $380,000,000300,000,000 or, or (y) such greater amount or in each case, any lesser amount to which the Total Revolving Commitments have then been reduced by the Borrowers pursuant to SECTION 2.15 or any greater amount to which the Revolving Commitments have then been increased or decreased by the Borrowers pursuant to Sections 2.2 and/or 2.17 hereofSECTION 2.29, or and (ii) the then amount of the Borrowing Base plus any Permitted OveradvancesBase.
(ii) No Lender (other than the applicable Issuing Bank) shall be obligated to issue any Letter of Credit, and Letters of Credit shall be available from the Issuing BanksBank, subject to the ratable participation of all Revolving Lenders, as set forth in Section 2.7SECTION 2.06. The Borrowers will not at any time permit the aggregate Letter of Credit Outstandings shall not at any time to exceed $100,000,000, and the aggregate amount of Letter of Credit Outstandings with respect to Standby Letters of Credit shall not at any time exceed $50,000,000200,000,000.
(iii) Subject to all of the other provisions of this Agreement, Revolving Loans that are repaid may be reborrowed prior to the Termination Date. No new Credit Extension, however, shall be made to the Borrowers after the Termination Date.
(b) Each Borrowing of Revolving Loans (other than Swingline Loans) shall be made by the Revolving Lenders pro rata in accordance with their respective Revolving Commitments. The failure of any Lender to make any Loan shall neither relieve any other Lender of its obligation to fund its Loan in accordance with the provisions of this Agreement nor increase the obligation of any such other Lender.
Appears in 1 contract
Sources: Credit Agreement (Jo-Ann Stores Inc)
Commitment of the Lenders. (a) Each Lender severally and not jointly with any other Lender, agrees, upon the terms and subject to the conditions herein set forth, to extend credit to the Borrowers on a revolving basis, in the form of Revolving Loans, participations in Swingline Loans, and Letters of Credit and in an amount not to exceed the lesser of such Lender▇▇▇▇▇▇’s Commitment or such Lender▇▇▇▇▇▇’s Commitment Percentage of the lesser of (x) the Borrowing Base or (y) the Total CommitmentsLoan Cap, subject to the following limitations:
(i) The aggregate outstanding amount of the Credit Extensions shall not at any time exceed the lower of (i) (x) $380,000,000500,000,000700,000,000, or (y) such greater amount or lesser amount to which the Total Commitments have then been increased or decreased by the Borrowers pursuant to Sections 2.2 and/or 2.17 hereof, or (ii) the then amount of the Borrowing Base plus any Permitted Overadvances.
(ii) No Lender (other than the applicable Issuing Bank) shall be obligated to issue any Letter of Credit, and Letters of Credit shall be available from the Issuing Banks, subject to the ratable participation of all Lenders, as set forth in Section 2.7. The aggregate Letter of Credit Outstandings shall not at any time exceed $100,000,000, and the aggregate amount of Letter of Credit Outstandings with respect to Standby Letters of Credit shall not at any time exceed $50,000,000.
(iii) Subject to all of the other provisions of this Agreement, Revolving Loans that are repaid may be reborrowed prior to the Termination Date. No new Credit Extension, however, shall be made to the Borrowers after the Termination Date.. 57
(b) Each Borrowing of Revolving Loans (other than Swingline Loans) shall be made by the Lenders pro rata in accordance with their respective Commitments. The failure of any Lender to make any Loan shall neither relieve any other Lender of its obligation to fund its Loan in accordance with the provisions of this Agreement nor increase the obligation of any such other Lender.
Appears in 1 contract
Sources: Credit Agreement (Caleres Inc)
Commitment of the Lenders. (a) Each Lender severally and not jointly with any other Lender, agrees, upon the terms and subject to the conditions herein set forth, to extend credit to the Borrowers Borrowers, or any of them, on a revolving basis, in the form of Revolving Loans, participations in Swingline Loans, Loans and Letters of Credit and in an amount not to exceed the lesser of such Lender’s 's Commitment or such Lender’s 's Commitment Percentage of the lesser of (x) the Borrowing Base or (y) the Total CommitmentsBase, subject to the following limitations:
(i) The aggregate outstanding amount of the Credit Extensions shall not at any time exceed the lower of (i) (x) $380,000,000, or (y) such greater amount or lesser amount to which the Total Commitments have then been increased or decreased by the Borrowers pursuant to Sections 2.2 and/or 2.17 hereofCommitment, or (ii) the then amount of the Borrowing Base plus any Permitted OveradvancesBase.
(ii) No Lender (other than the applicable Issuing Bank) shall be obligated to issue any Letter of Credit, and Letters of Credit shall be available from the Issuing BanksBank, subject to the ratable participation of all Lenders, as set forth in Section 2.72.6. The Borrowers will not at any time permit the aggregate Letter of Credit Outstandings shall not at any time to exceed $100,000,000, and the aggregate amount of Letter of Credit Outstandings with respect to Standby Letters of Credit shall not at any time exceed $50,000,00020,000,000.
(iii) Subject to all of the other provisions of this Agreement, Revolving Loans that are repaid may be reborrowed prior to the Termination Date. No new Credit Extension, however, shall be made to the Borrowers after the Termination Date.
(b) Each Borrowing of Revolving Loans (other than Swingline Loans) shall be made by the Lenders pro rata ratably in accordance with their respective CommitmentsCommitment Percentages. The failure of any Lender to make any Loan shall neither relieve any other Lender of its obligation to fund its Loan in accordance with the provisions of this Agreement nor increase the obligation of any such other Lender.
(c) Any Excluded Subsidiary may become a Borrower under this Agreement, provided such Excluded Subsidiary signs a joinder agreement to this Agreement and the Loan Documents, as applicable, with the other parties hereto and thereto, in form and substance satisfactory to the Administrative Agent.
Appears in 1 contract
Sources: Credit Agreement (Zale Corp)
Commitment of the Lenders. (a) Each Lender severally and not jointly with any other Lender, agrees, upon the terms and subject to the conditions herein set forth, to extend credit to the Borrowers Borrower on a revolving basis, in the form of Revolving Loans, participations in Swingline Loans, Loans and Letters of Credit and in an amount not to exceed the lesser of such Lender’s Commitment or such Lender’s Commitment Percentage of the lesser of (x) the Borrowing Base or (y) the Total CommitmentsBase, subject to the following limitations:
(i) The aggregate outstanding amount of the Credit Extensions shall not at any time exceed the lower of (i) (x) $380,000,000280,000,000 or, or (y) such greater amount or lesser in each case, any other amount to which the Total Commitments have then been increased or decreased reduced by the Borrowers Borrower pursuant to Sections 2.2 and/or 2.17 hereofSECTION 2.02 or SECTION 2.16, or and (ii) the then amount of the Borrowing Base Base, plus any Permitted Overadvances.
(ii) No Lender (other than the applicable Issuing Bank) shall be obligated to issue any Letter of Credit, and Letters of Credit shall be available solely from the Issuing BanksBank, subject to the ratable participation of all Lenders, as set forth in Section 2.7SECTION 2.07. The Borrower will not at any time permit the aggregate Letter of Credit Outstandings shall not at any time to exceed $100,000,000, and the aggregate amount of Letter of Credit Outstandings with respect to Standby Letters of Credit shall not at any time exceed $50,000,00075,000,000.
(iii) Subject to all of the other provisions of this Agreement, Revolving Loans that are repaid may be reborrowed prior to the Termination Date. No new Credit Extension, however, shall be made to the Borrowers Borrower after the Termination Date.
(b) Each Borrowing of Revolving Loans (other than Swingline Loans) shall be made by the Lenders pro rata in accordance with their respective CommitmentsCommitment Percentages. The failure of any Lender to make any Loan shall neither relieve any other Lender of its obligation to fund its Loan in accordance with the provisions of this Agreement nor increase the obligation of any such other Lender.
Appears in 1 contract
Commitment of the Lenders. (a) Each Lender severally and not jointly with any other Lender, agrees, upon the terms and subject to the conditions herein set forth, to extend credit to the Borrowers Borrower on a revolving basis, in the form of Revolving Loans, participations in Swingline Loans, Loans and Letters of Credit and in an amount not to exceed the lesser of such Lender’s 's Commitment or such Lender’s 's Commitment Percentage of the lesser of (x) the Borrowing Base or (y) the Total CommitmentsBase, subject to the following limitations:
(i) : The aggregate outstanding amount of the Credit Extensions shall not at any time exceed the lower of (i) (x) $380,000,000175,000,000 or, or (y) such greater amount or lesser in each case, any other amount to which the Total Commitments have then been increased or decreased reduced by the Borrowers Borrower pursuant to Sections 2.2 and/or 2.17 hereof2.02 or 2.17, or and (ii) the then amount of the Borrowing Base plus any Permitted Overadvances.
(ii) Base. No Lender (other than the applicable Issuing Bank) shall be obligated to issue any Letter of Credit, and Letters of Credit shall be available from the Issuing BanksBank, subject to the ratable participation of all Lenders, as set forth in Section 2.72.07. The Borrower will not at any time permit the aggregate Letter of Credit Outstandings shall not at any time exceed $100,000,000, and the aggregate amount of Letter of Credit Outstandings with respect to Standby Letters of Credit shall not at any time exceed $50,000,000.
(iii) . Subject to all of the other provisions of this Agreement, Revolving Loans that are repaid may be reborrowed prior to the Termination Date. No new Credit Extension, however, shall be made to the Borrowers Borrower after the Termination Date.
(b) . Each Borrowing of Revolving Loans (other than Swingline Loans) shall be made by the Lenders pro rata in accordance with their respective Commitments. The failure of any Lender to make any Loan shall neither relieve any other Lender of its obligation to fund its Loan in accordance with the provisions of this Agreement nor increase the obligation of any such other Lender.
Appears in 1 contract
Sources: Credit Agreement (Stage Stores Inc)
Commitment of the Lenders. (a) Each Lender severally and not jointly with any other Lender, agrees, upon the terms and subject to the conditions herein set forth, to extend credit to the Borrowers on a revolving basis, in the form of Revolving Loans, participations in Swingline Loans, and Letters of Credit and in an amount not to exceed the lesser of such Lender’s Commitment or such Lender’s Commitment Percentage of the lesser of (x) the Borrowing Base or (y) the Total CommitmentsLoan Cap, subject to the following limitations:
(i) The aggregate outstanding amount of the Credit Extensions shall not at any time exceed the lower of (i) (x) $380,000,000600,000,000500,000,000, or (y) such greater amount or lesser amount to which the Total Commitments have then been increased or decreased by the Borrowers pursuant to Sections 2.2 and/or 2.17 hereof, or (ii) the then amount of the Borrowing Base plus any Permitted Overadvances.
(ii) No Lender (other than the applicable Issuing Bank) shall be obligated to issue any Letter of Credit, and Letters of Credit shall be available from the Issuing Banks, subject to the ratable participation of all Lenders, as set forth in Section 2.7. The aggregate Letter of Credit Outstandings shall not at any time exceed $100,000,000, and the aggregate amount of Letter of Credit Outstandings with respect to Standby Letters of Credit shall not at any time exceed $50,000,000.
(iii) Subject to all of the other provisions of this Agreement, Revolving Loans that are repaid may be reborrowed prior to the Termination Date. No new Credit Extension, however, shall be made to the Borrowers after the Termination Date.
(b) Each Borrowing of Revolving Loans (other than Swingline Loans) shall be made by the Lenders pro rata in accordance with their respective Commitments. The failure of any Lender to make any Loan shall neither relieve any other Lender of its obligation to fund its Loan in accordance with the provisions of this Agreement nor increase the obligation of any such other Lender.
Appears in 1 contract
Sources: Credit Agreement (Caleres Inc)
Commitment of the Lenders. (a) Each Lender severally and not jointly with any the other Lender, Lenders agrees, upon the terms and subject to the conditions herein set forth, to extend make revolving credit loans (each a "LOAN" and collectively, the "LOANS") to the Borrowers Borrower at any time and from time to time during the period commencing on a revolving basis, in the form date hereof and ending on the Termination Date (or the earlier date of Revolving Loans, participations in Swingline Loans, and Letters termination of Credit and the Total Commitment) in an aggregate principal amount not to exceed the lesser of exceed, when added to such Lender’s Commitment or such Lender’s 's Commitment Percentage of the lesser then aggregate Letter of (x) Credit Outstandings, the Borrowing Base or (y) Commitment of such Lender, which Loans may be repaid and reborrowed in accordance with the Total Commitments, subject to provisions of this Agreement. At no time shall the following limitations:
(i) The sum of the then outstanding aggregate outstanding principal amount of the Credit Extensions shall not at any time exceed the lower of (i) (x) $380,000,000, or (y) such greater amount or lesser amount to which the Total Commitments have then been increased or decreased by the Borrowers pursuant to Sections 2.2 and/or 2.17 hereof, or (ii) Loans plus the then amount of the Borrowing Base plus any Permitted Overadvances.
(ii) No Lender (other than the applicable Issuing Bank) shall be obligated to issue any Letter of Credit, and Letters of Credit shall be available from the Issuing Banks, subject to the ratable participation of all Lenders, as set forth in Section 2.7. The aggregate Letter of Credit Outstandings shall not at any exceed the Total Commitment of $200,000,000, as the same may be reduced from time exceed $100,000,000, and to time pursuant the aggregate amount of Letter of Credit Outstandings with respect to Standby Letters of Credit shall not at any time exceed $50,000,000.
(iii) Subject to all of the other provisions terms of this Agreement, Revolving Loans that are repaid may be reborrowed prior to the Termination Date. No new Credit Extension, however, shall be made to the Borrowers after the Termination Date.
(b) Each Borrowing of Revolving Loans (other than Swingline Loans) shall be made by the Lenders pro rata in accordance with their respective Commitments. The ; provided, however, that the failure of any Lender to make any Loan shall neither not in itself relieve the other Lenders of their obligations to lend.
(c) Subject to the terms and conditions hereof, from the Filing Date until the earlier of (i) January 16, 2002, and (ii) the date of the entry of the Final Order (the "INITIAL PERIOD"), $45,000,000 of the Total Commitment (the "INTERIM COMMITMENT") shall be available to the Borrower.
(d) Notwithstanding any other Lender of its obligation to fund its Loan in accordance with the provisions of this Agreement nor increase to the obligation contrary, the Total Usage shall not at any time exceed: (i) prior to the expiration of any such other Lenderthe Initial Period, the lesser of (x) the Interim Commitment and (y) the Borrowing Base; and (ii) from and after the expiration of the Initial Period, the lesser of (x) the Total Commitment and (y) the Borrowing Base, and no Loan shall be made or Letter of Credit issued in violation of the foregoing.
Appears in 1 contract
Sources: Revolving Credit and Guaranty Agreement (Hayes Lemmerz International Inc)
Commitment of the Lenders. (a) Each Lender severally and not jointly with any other Lender, agrees, upon the terms and subject to the conditions herein set forth, to extend credit to the Borrowers on a revolving basis, in the form of Revolving Loans, participations in Swingline Loans, Loans and Letters of Credit and in an amount not to exceed the lesser of such Lender’s Commitment or such Lender’s Commitment Percentage of the lesser of (x) the Borrowing Base or (y) the Total CommitmentsBase, subject to the following limitations:
(ia) The aggregate outstanding amount of the Credit Extensions shall not at any time exceed the lower of (i) (x) $380,000,00050,000,000, or (y) such greater amount or lesser any other amount to which the Total Commitments have then been increased or decreased reduced by the Borrowers Borrower pursuant to Sections 2.2 and/or 2.17 hereofSection 2.16, or and (ii) the then amount of the Borrowing Base plus any Permitted OveradvancesBase.
(iib) No Lender (other than the applicable Issuing Bank) shall be obligated to issue any Letter of Credit, and Letters of Credit shall be available from the Issuing BanksBank, subject to the ratable participation of all Lenders, as set forth in Section 2.72.06. The Borrowers will not at any time permit the aggregate Letter of Credit Outstandings shall not at any time exceed $100,000,000, and the aggregate amount of Letter of Credit Outstandings with respect to Standby Letters of Credit shall not at any time exceed $50,000,000.
(iiic) Subject to all of the other provisions of this Agreement, Revolving Loans that are repaid may be reborrowed prior to the Termination Date. No new Credit Extension, however, shall be made to the Borrowers after the Termination Date.
(b) Each Borrowing of Revolving Loans (other than Swingline Loans) shall be made by the Lenders pro rata in accordance with their respective CommitmentsCommitment Percentages. The failure of any Lender to make any Loan shall neither relieve any other Lender of its obligation to fund its Loan in accordance with the provisions of this Agreement nor increase the obligation of any such other Lender.
Appears in 1 contract
Sources: Credit Agreement (Wet Seal Inc)
Commitment of the Lenders. (a) Each Lender severally and not jointly with any other Lender, agrees, upon the terms and subject to the conditions herein set forth, to extend credit to the Borrowers Borrowers, or any of them, on a revolving basis, in the form of Revolving Loans, participations in Swingline Loans, Loans and Letters of Credit and in an amount not to exceed the lesser of such Lender’s Commitment or such Lender’s Commitment Percentage of the lesser of (x) the Borrowing Base or (y) the Total CommitmentsBase, subject to the following limitations:
(i) The aggregate outstanding amount of the Credit Extensions shall not at any time exceed the lower of (i) (x) $380,000,000, or (y) such greater amount or lesser amount to which the Total Commitments have then been increased or decreased by the Borrowers pursuant to Sections 2.2 and/or 2.17 hereofCommitment, or (ii) the then amount of the Borrowing Base plus any Permitted OveradvancesBase.
(ii) No Lender (other than the applicable Issuing Bank) shall be obligated to issue any Letter of Credit, and Letters of Credit shall be available from the Issuing BanksBank, subject to the ratable participation of all Lenders, as set forth in Section 2.72.6. The Borrowers will not at any time permit the aggregate Letter of Credit Outstandings shall not at any time to exceed $100,000,000, and the aggregate amount of Letter of Credit Outstandings with respect to Standby Letters of Credit shall not at any time exceed $50,000,00020,000,000.
(iii) Subject to all of the other provisions of this Agreement, Revolving Loans that are repaid may be reborrowed prior to the Termination Date. No new Credit Extension, however, shall be made to the Borrowers after the Termination Date.
(b) Each Borrowing of Revolving Loans (other than Swingline Loans) shall be made by the Lenders pro rata ratably in accordance with their respective CommitmentsCommitment Percentages. The failure of any Lender to make Table of Contents any Loan shall neither relieve any other Lender of its obligation to fund its Loan in accordance with the provisions of this Agreement nor increase the obligation of any such other Lender.
(c) Any Excluded Subsidiary may become a Borrower under this Agreement, provided such Excluded Subsidiary signs a joinder agreement to this Agreement and the Loan Documents, as applicable, with the other parties hereto and thereto, in form and substance satisfactory to the Administrative Agent.
Appears in 1 contract
Sources: Credit Agreement (Zale Corp)
Commitment of the Lenders. (a) Each Lender severally and not jointly with any other Lender, agrees, upon the terms and subject to the conditions herein set forth, to extend credit to the Borrowers on a revolving basis, in the form of Revolving Loans, participations in Swingline Loans, Loans and Letters of Credit and in an amount not to exceed the lesser of such Lender’s Commitment or such Lender’s Commitment Percentage of the lesser of (x) the Borrowing Base or (y) the Total CommitmentsBase, subject to the following limitations:
(i) The aggregate outstanding amount of the Loans and Letters of Credit Extensions Outstandings shall not at any time exceed the lower of (i) (x) $380,000,000350,000,000 or, or (y) such greater amount or lesser in each case, any other amount to which the Total Commitments have then been increased or decreased reduced by the Borrowers pursuant to Sections 2.2 and/or 2.17 hereof2.02 or 2.16, or and (ii) the then amount of the Borrowing Base plus any Permitted OveradvancesBase.
(ii) No Lender (other than the applicable Issuing Bank) shall be obligated to issue any Letter of Credit, and Letters of Credit shall be available from the Issuing BanksBank, subject to the ratable participation of all Lenders, as set forth in Section 2.72.07. The Borrowers will not at any time permit the aggregate Letter of Credit Outstandings shall not at any time to exceed $100,000,000, and the aggregate amount of Letter of Credit Outstandings with respect to Standby Letters of Credit shall not at any time exceed $50,000,000.
(iii) Subject to all of the other provisions of this Agreement, Revolving Loans that are repaid may be reborrowed prior to the Termination Date. No new Credit Extension, however, shall be made to the Borrowers after the Termination Date.
(b) Each Borrowing of Revolving Loans (other than Swingline Loans) shall be made by the Lenders pro rata in accordance with their respective CommitmentsCommitment Percentages. The failure of any Lender to make any Loan shall neither relieve any other Lender of its obligation to fund its Loan in accordance with the provisions of this Agreement nor increase the obligation of any such other Lender.
Appears in 1 contract
Sources: Credit Agreement (Petsmart Inc)
Commitment of the Lenders. (a) Each Lender severally and not jointly with any other Lender, agrees, upon the terms and subject to the conditions herein set forth, to extend credit to the Borrowers on a revolving basis, in the form of Revolving Loans, participations in Swingline Loans, and Letters of Credit and in an amount not to exceed the lesser of such Lender▇▇▇▇▇▇’s Commitment or such Lender▇▇▇▇▇▇’s Commitment Percentage of the lesser of (x) the Borrowing Base or (y) the Total CommitmentsLoan Cap, subject to the following limitations::
(i) The aggregate outstanding amount of the Credit Extensions shall not at any time exceed the lower of (i) (x) $380,000,000500,000,000, or (y) such greater amount or lesser amount to which the Total Commitments have then been increased or decreased by the Borrowers pursuant to Sections 2.2 and/or 2.17 hereof, or (ii) the then amount of the Borrowing Base plus any Permitted Overadvances..
(ii) No Lender (other than the applicable Issuing Bank) shall be obligated to issue any Letter of Credit, and Letters of Credit shall be available from the Issuing Banks, subject to the ratable participation of all Lenders, as set forth in Section 2.7. The aggregate Letter of Credit Outstandings shall not at any time exceed $100,000,000, and the aggregate amount of Letter of Credit Outstandings with respect to Standby Letters of Credit shall not at any time exceed $50,000,000.
(iii) Subject to all of the other provisions of this Agreement, Revolving Loans that are repaid may be reborrowed prior to the Termination Date. No new Credit Extension, however, shall be made to the Borrowers after the Termination Date..
(b) Each Borrowing of Revolving Loans (other than Swingline Loans) shall be made by the Lenders pro rata in accordance with their respective Commitments. The failure of any Lender to make any Loan shall neither relieve any other Lender of its obligation to fund its Loan in accordance with the provisions of this Agreement nor increase the obligation of any such other Lender..
Appears in 1 contract
Sources: Credit Agreement (Caleres Inc)
Commitment of the Lenders. (a) Each Lender severally and not jointly with any the other Lender, Lenders agrees, upon the terms and subject to the conditions herein set forthforth (including, without limitation, the provisions of Section 2.28), to extend make revolving credit loans (each a "Loan" and collectively, the "Loans") to the Borrowers Borrower at any time and from time to time during the period commencing on a revolving basis, in the form of Revolving Loans, participations in Swingline Loans, date hereof and Letters of Credit and ending on the Termination Date in an aggregate principal amount not to exceed the lesser of exceed, when added to such Lender’s Commitment or such Lender’s 's Commitment Percentage of the lesser then aggregate Letter of (x) Credit Outstandings, the Borrowing Base or (y) Commitment of such Lender, which Loans may be repaid and reborrowed in accordance with the Total Commitments, subject to provisions of this Agreement. At no time shall the following limitations:
(i) The sum of the then outstanding aggregate outstanding principal amount of the Credit Extensions shall not at any time exceed the lower of (i) (x) $380,000,000, or (y) such greater amount or lesser amount to which the Total Commitments have then been increased or decreased by the Borrowers pursuant to Sections 2.2 and/or 2.17 hereof, or (ii) Loans plus the then amount of the Borrowing Base plus any Permitted Overadvances.
(ii) No Lender (other than the applicable Issuing Bank) shall be obligated to issue any Letter of Credit, and Letters of Credit shall be available from the Issuing Banks, subject to the ratable participation of all Lenders, as set forth in Section 2.7. The aggregate Letter of Credit Outstandings shall not at any exceed the least of (i) the Total Commitment, as the same may be reduced from time exceed $100,000,000to time pursuant to Sections 2.10 and 2.13, (ii) from and after the aggregate amount execution and delivery of Letter of Credit Outstandings with respect to Standby Letters of Credit shall not at any time exceed $50,000,000.
the Borrowing Base Amendment, the Borrowing Base and (iii) Subject the amount permitted to all of the other provisions of this Agreement, Revolving Loans that are repaid may be reborrowed prior outstanding hereunder pursuant to the Termination Date. No new Credit ExtensionInterim Order or the Final Order, however, shall be made to the Borrowers after the Termination Dateas applicable.
(b) Each Borrowing of Revolving Loans (other than Swingline Loans) shall be made by the Lenders pro rata in accordance with their respective Commitments. The Commitment Percentages; provided, however, that the failure of any Lender to make any Loan shall neither not in itself relieve any the other Lender Lenders of its obligation their obligations to fund its Loan in accordance with the provisions of this Agreement nor increase the obligation of any such other Lenderlend.
Appears in 1 contract
Commitment of the Lenders. (a) Each Lender severally and not jointly with any other Lender, agrees, upon the terms and subject to the conditions herein set forth, to extend credit to the Borrowers on a revolving basis, in the form of Revolving Loans, participations in Swingline Loans, Loans and Letters of Credit and in an amount not to exceed the lesser of such Lender’s 's Commitment or such Lender’s 's Commitment Percentage of the lesser of (x) the Borrowing Base or (y) the Total CommitmentsBase, subject to the following limitations:
(i) The aggregate outstanding amount of the Credit Extensions and Swingline Loans shall not at any time exceed the lower of (i) (x) $380,000,000110,000,000 or, or (y) such greater amount or in each case, any lesser amount to which the Total Commitments have then been increased or decreased reduced by the Borrowers pursuant to Sections 2.2 and/or 2.17 hereofSection 2.16, or and (ii) the then amount of the Borrowing Base plus any Permitted OveradvancesBase.
(ii) No Lender (other than the applicable Issuing Bank) shall be obligated to issue any Letter of Credit, and Letters of Credit shall be available from the Issuing BanksBank, subject to the ratable participation of all Lenders, as set forth in Section 2.72.06. The Borrowers will not at any time permit the aggregate Letter of Credit Outstandings shall not at any time to exceed $100,000,000, and the aggregate amount of Letter of Credit Outstandings with respect to Standby Letters of Credit shall not at any time exceed $50,000,00015,000,000.
(iii) Subject to all of the other provisions of this Agreement, Revolving Loans that are repaid may be reborrowed prior to the Termination Date. No new Credit Extension, however, shall be made to the Borrowers after the Termination Date.
(b) Each Borrowing of Revolving Loans (other than Swingline Loans) shall be made by the Lenders pro rata in accordance with their respective CommitmentsCommitment Percentages. The failure of any Lender to make any Loan shall neither relieve any other Lender of its obligation to fund its Loan in accordance with the provisions of this Agreement nor increase the obligation of any such other Lender.
Appears in 1 contract
Sources: Credit Agreement (Tweeter Home Entertainment Group Inc)