Commitment to Lend. Subject to the terms and conditions set forth in this Credit Agreement, each of the Revolving Credit Lenders severally agrees to lend to the Borrower and the Borrower may borrow, repay, and reborrow from time to time from the Funding Date up to but not including the Revolving Credit Maturity Date upon notice by the Borrower to the Administrative Agent given in accordance with §2.6, such sums as are requested by the Borrower up to a maximum aggregate amount outstanding (after giving effect to all amounts requested) at any one time equal to such Revolving Credit Lender’s Revolving Credit Commitment minus such Revolving Credit Lender’s Commitment Percentage of the sum of the Maximum Drawing Amount and all Unpaid Reimbursement Obligations, provided that the sum of the outstanding aggregate amount of all Revolving Credit Loans (after giving effect to all amounts requested) plus the Maximum Drawing Amount and all Unpaid Reimbursement Obligations shall not at any time exceed the Total Revolving Credit Commitment at such time. The Revolving Credit Loans shall be made pro rata in accordance with each Revolving Credit Lender’s Commitment Percentage of the Total Revolving Credit Commitment. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower that the conditions set forth in §12 and §13, in the case of the initial Revolving Credit Loans to be made on the Funding Date, and §13, in the case of all other Revolving Credit Loans, have been satisfied on the date of such request.
Appears in 4 contracts
Sources: Revolving Credit and Term Loan Agreement (Emmis Communications Corp), Revolving Credit and Term Loan Agreement (Emmis Communications Corp), Revolving Credit and Term Loan Agreement (Emmis Communications Corp)
Commitment to Lend. Subject to the terms and conditions set forth in this Credit Agreement, each of the Revolving Credit Lenders Bank severally agrees to lend make Committed Credit Loans to the each Borrower and the Borrower may borrow, repay, and reborrow from time to time on any Banking Day during the period from the Funding Date up date hereof to but not including the Revolving Credit Maturity Date upon notice Expiration Date, as may be requested by the such Borrower to the Administrative Agent given in accordance with §2.6Section 2.04 hereof, such sums as are requested by the Borrower up to a maximum in an aggregate amount outstanding (after giving effect not to all amounts requested) exceed at any one time equal outstanding the amount of such Bank's Commitment. Each Committed Credit Loan made by the Banks to a Borrower hereunder shall be in an amount of $1,000,000 or an integral multiple thereof; PROVIDED that (i) at no time shall any Bank be obligated to fund or maintain Committed Credit Loans in excess of such Revolving Bank's Commitment; (ii) at no time shall State Street Bank be obligated to fund or maintain Committed Credit Lender’s Revolving Credit Commitment minus such Revolving Credit Lender’s Commitment Percentage of Loans to the sum of the Maximum Drawing Amount and all Unpaid Reimbursement Obligations, provided extent that the sum principal amount of such Committed Credit Loans, together with the aggregate principal amount of Swing Line Loans outstanding to the Borrowers hereunder, exceeds State Street Bank's Commitment; (iii) at no time shall the aggregate outstanding principal amount of all Revolving Committed Credit Loans (after giving effect made to all amounts requested) plus the Borrowers hereunder exceed the Maximum Drawing Amount and Committed Credit Amount; (iv) at no time shall the aggregate outstanding principal amount of all Unpaid Reimbursement Obligations shall not at any time Loans made to the Borrowers hereunder exceed the Total Revolving Maximum Credit Commitment Amount; and (v) at no time shall the aggregate outstanding principal amount of all Loans made to any Borrower hereunder exceed such time. The Revolving Credit Loans shall be made pro rata in accordance with each Revolving Credit Lender’s Commitment Percentage of the Total Revolving Credit CommitmentBorrower's Borrowing Base. Each request for a Revolving Committed Credit Loan hereunder by a Borrower shall constitute a representation and warranty by the such Borrower that the conditions set forth in §12 and §13, in the case of the initial Revolving Credit Loans to be made on the Funding Date, and §13, in the case of all other Revolving Credit Loans, Section 6.02 hereof have been satisfied on the date of such request. Within the limits of the provisions of this Section 2.01, each Borrower may borrow, prepay pursuant to Section 4.01, and reborrow under this Section 2.01.
Appears in 4 contracts
Sources: Credit Agreement (Chile Fund Inc), Credit Agreement (Latin America Investment Fund Inc), Credit Agreement (Indonesia Fund Inc)
Commitment to Lend. Subject to the terms and conditions set forth in this Credit Agreement, each of the Revolving Credit Lenders Banks severally agrees to lend to the Borrower and the Borrower may borrow, repay, and reborrow from time to time from between the Funding Closing Date up to but not including and the Revolving Credit Loan Maturity Date upon notice by the Borrower to the Administrative Agent given in accordance with §2.6ss.2.6, such sums as are requested by the Borrower up to a maximum aggregate amount outstanding (after giving effect to all amounts requested) at any one time equal to such Revolving Credit Lender’s Revolving Credit Bank's Commitment minus MINUS such Revolving Credit Lender’s Bank's Commitment Percentage of the sum of the Maximum Drawing Amount and all Unpaid Reimbursement Obligations, provided PROVIDED that the sum of the outstanding aggregate amount of all Revolving Credit the Loans (after giving effect to all amounts requested) plus PLUS the Maximum Drawing Amount and all Unpaid Reimbursement Obligations shall not at any time exceed the Total Revolving Credit Commitment at such timeCommitment. The Revolving Credit Loans shall be made pro rata PRO RATA in accordance with each Revolving Credit Lender’s Bank's Commitment Percentage of the Total Revolving Credit CommitmentPercentage. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower that the conditions set forth in §12 ss.11 and §13ss.12, in the case of the initial Revolving Credit Loans to be made on the Funding Closing Date, and §13ss.12, in the case of all other Revolving Credit Loans, have been satisfied on the date of such request.
Appears in 3 contracts
Sources: Revolving Credit Agreement (Hadco Acquisition Corp Ii), Revolving Credit Agreement (Hadco Corp), Revolving Credit Agreement (Hadco Acquisition Corp Ii)
Commitment to Lend. Subject to the provisions of §2.4 and the other terms and conditions set forth in this Credit Agreement, each of the Revolving Credit Lenders Banks severally agrees to lend to the Borrower Borrower, and the Borrower may borrow, repay, and reborrow from each Bank from time to time from between the Funding Closing Date up to but not including and the Revolving Credit Maturity Date upon notice by the Borrower to the Administrative Agent given in accordance with §2.62.4, such sums as are requested by the Borrower up to a maximum aggregate principal amount outstanding (after giving effect to all amounts requested) at any one time equal to such Revolving Credit LenderBank’s Revolving Credit Commitment minus minus, without double counting, an amount equal to such Revolving Credit LenderBank’s Commitment Percentage of multiplied by the sum of (x) the outstanding principal amount of all Swingline Loans and Bid Rate Loans plus (y) all Reimbursement Obligations to the extent not yet deemed Revolving Credit Loans pursuant to §3.3 and the Maximum Drawing Amount and all Unpaid Reimbursement Obligations, Amount; provided that the sum of the outstanding aggregate amount of all the Revolving Credit Loans (after giving effect to all amounts requested) ), plus the Maximum Drawing Amount and, without double-counting the portion, if any, of any Letter of Credit which is drawn and included in the Revolving Credit Loans or the Maximum Drawing Amount, all Unpaid outstanding Reimbursement Obligations Obligations, plus all outstanding Swingline Loans, plus all outstanding Bid Rate Loans, shall not at any time exceed the Total Commitment and provided, further, that at the time the Borrower requests a Revolving Credit Commitment Loan and after giving effect to the making thereof: (i) in the case of any borrowing, all of the conditions in §13 (and in the case of any initial borrowing or other extension of credit on the Closing Date, also the conditions in §12) have been met at the time of such timerequest, and (ii) there has not occurred and is not continuing (or will not occur by reason thereof) any Default or Event of Default; it being acknowledged and agreed that the Borrower shall be permitted to request and borrow Loans if a Non-Material Breach (rather than a Default or Event of Default) exists. The Revolving Credit Loans shall be made pro rata in accordance with each Revolving Credit LenderBank’s Commitment Percentage of the Total Revolving Credit CommitmentPercentage. Each request for a Revolving Credit Loan hereunder made pursuant to §2.4 shall constitute a representation and warranty by the Borrower that the conditions set forth in §12 and §13, in the case of the initial Revolving Credit Loans to be made on the Funding Date, and §13, in the case of all other Revolving Credit Loans, have been satisfied (except to the extent any such condition has been waived and/or deferred in writing by the Agent and the required number of Banks) as of the Closing Date and that the conditions set forth in §13 have been satisfied (except to the extent any such condition has been waived and/or deferred in writing by the Agent and the required number of Banks) on the date of such requestrequest and will be satisfied (except to the extent any such condition has been waived and/or deferred in writing by the Agent and the required number of Banks) on the proposed Drawdown Date of the requested Loan or issuance of Letter of Credit, as the case may be, provided that the making of such representation and warranty by the Borrower shall not limit the right of any Bank not to lend if such conditions have not been met. No Revolving Credit Loan or other extension of credit shall be required to be made by any Bank unless (in connection with the initial Revolving Credit Loan or Letter of Credit or other extension of credit) all of the conditions contained in §12 have been satisfied (except to the extent any such condition has been waived and/or deferred in writing by the Agent and the required number of Banks) as of the Closing Date and unless all of the conditions set forth in §13 have been met at the time of any request for a Revolving Credit Loan or other extension of credit (except to the extent any such condition has been waived and/or deferred in writing by the Agent and the required number of Banks).
Appears in 3 contracts
Sources: Revolving Credit Agreement (Boston Properties LTD Partnership), Revolving Credit Agreement (Boston Properties Inc), Revolving Credit Agreement (Boston Properties Inc)
Commitment to Lend. Subject to the provisions of §2.4 and the other terms and conditions set forth in this Credit Agreement, each of the Revolving Credit Lenders severally agrees to lend to the Borrower Borrower, and the Borrower may borrow, repay, and reborrow from each Lender from time to time from between the Funding Closing Date up to but not including and the Revolving Credit Maturity Date upon notice by the Borrower to the Administrative Agent (with copies to the Agent for each Lender) given in accordance with §2.62.4, such sums as are requested by the Borrower up to a maximum aggregate principal amount outstanding (after giving effect to all amounts requested) at any one time equal to such Revolving Credit Lender’s Revolving Credit Commitment minus minus, without double counting, an amount equal to such Revolving Credit Lender’s Commitment Percentage of multiplied by the sum of (i) all Reimbursement Obligations to the extent not yet deemed Revolving Credit Loans and the Maximum Drawing Amount and all Unpaid Reimbursement Obligations, (ii) the outstanding principal amount of the Swingline Loans; provided that the sum of the outstanding aggregate amount of all the Revolving Credit Loans (after giving effect to all amounts requested) ), plus the Maximum Drawing Amount and, without double counting the portion, if any, of any Letter of Credit which is drawn and included in the Revolving Credit Loans, all Unpaid outstanding Reimbursement Obligations Obligations, plus the outstanding principal amount of the Swingline Loans shall not at any time exceed the lesser of (i) the Total Revolving Credit Commitment and (ii) the Availability at such time, and provided, further, that at the time the Borrower requests a Revolving Credit Loan and after giving effect to the making thereof: (i) in the case of any borrowing or other extension of credit, all of the conditions in §13 (and in the case of the initial borrowing on the Closing Date, also the conditions in §12) have been met at the time of such request, and (ii) there has not occurred and is not continuing (or will not occur by reason thereof) any Default or Event of Default. The Revolving Credit Loans shall be made pro rata in accordance with each Revolving Credit Lender’s Commitment Percentage of the Total Revolving Credit CommitmentPercentage. Each request for a Revolving Credit Loan hereunder made pursuant to §2.4 shall constitute a representation and warranty by the Borrower that the conditions set forth in §12 and §13, in the case have been satisfied as of the initial Revolving Credit Loans to be made on Closing Date and that the Funding Date, and conditions set forth in §13, in the case of all other Revolving Credit Loans, 13 have been satisfied on the date of such requestrequest and will be satisfied on the proposed Drawdown Date of the requested Loan or issuance of Letter of Credit, as the case may be, provided that the making of such representation and warranty by the Borrower shall not limit the right of any Lender not to lend if such conditions have not been met. No Revolving Credit Loan or other extension of credit shall be required to be made by any Lender unless all of the conditions contained in §12 have been satisfied as of the Closing Date with respect to the initial Revolving Credit Loan or issuance of Letter of Credit, and unless all of the conditions set forth in §13 have been satisfied at the time of any request for a Revolving Credit Loan or other extension of credit and on the Drawdown Date therefor.
Appears in 3 contracts
Sources: Revolving Credit Agreement (First Potomac Realty Trust), Revolving Credit Agreement (First Potomac Realty Trust), Revolving Credit Agreement (First Potomac Realty Trust)
Commitment to Lend. (a) Subject to the terms and conditions set forth in this Credit Agreement, each of the Revolving Credit Lenders severally agrees to lend to the Borrower and the Borrower may borrow, repay, and reborrow from time to time from the Funding Closing Date up to but not including the Revolving Credit Loan Maturity Date upon notice by the Borrower to the Administrative Agent given in accordance with §Section 2.6, such sums as are requested by the Borrower up to a maximum aggregate amount outstanding (after giving effect to all amounts requested) at any one time equal to such Revolving Credit Lender’s Revolving Credit 's Commitment minus such Revolving Credit Lender’s 's Commitment Percentage of the sum of the Maximum Drawing Amount and all Unpaid Reimbursement Obligations, provided that the sum of the outstanding aggregate amount of all the Revolving Credit Loans (after giving effect to all amounts requested) ), including the Swing Line Loans, plus the Maximum Drawing Amount and all Unpaid Reimbursement Obligations shall not at any time exceed the Total Revolving Credit Commitment at such time. The Revolving Credit Loans shall be made pro rata in accordance with each Revolving Credit Lender’s 's Commitment Percentage of the Total Revolving Credit CommitmentPercentage. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower that the conditions set forth in §12 Section 11 and §13Section 12, in the case of the initial Revolving Credit Loans to be made on the Funding Closing Date, and §13Section 12, in the case of all other Revolving Credit Loans, have been satisfied on the date of such request.
Appears in 3 contracts
Sources: Revolving Credit Agreement (Coach Inc), Revolving Credit Agreement (Coach Inc), Revolving Credit Agreement (Coach Inc)
Commitment to Lend. Subject to the terms and conditions set forth in this Credit Agreement, each of the Revolving Credit Lenders Banks severally agrees to lend to the Borrower and the Borrower may borrow, repay, and reborrow from time to time from the Funding Closing Date up to but not including the Revolving Credit Loan Maturity Date upon notice by the Borrower to the Administrative Agent given in accordance with §Section 2.6, such sums as are requested by the Borrower up to a maximum aggregate amount outstanding Outstanding (after giving effect to all amounts requested) at any one time equal to such Revolving Credit Lender’s Revolving Credit Bank's Commitment minus MINUS such Revolving Credit Lender’s Bank's Commitment Percentage of the sum of the Maximum Drawing Amount and all Unpaid Reimbursement Obligations, provided PROVIDED that the sum of the outstanding aggregate Outstanding amount of all Revolving Credit the Loans (after giving effect to all amounts requested) plus PLUS the Maximum Drawing Amount and all Unpaid Reimbursement Obligations shall not at any time exceed the Total Revolving Credit Commitment at such timeCommitment. The Revolving Credit Loans shall be made pro rata PRO RATA in accordance with each Revolving Credit Lender’s Bank's Commitment Percentage of the Total Revolving Credit CommitmentPercentage. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower that the conditions set forth in §12 Section 11 and §13Section 12, in the case of the initial Revolving Credit Loans to be made on the Funding Closing Date, and §13Section 12, in the case of all other Revolving Credit Loans, have been satisfied on the date of such request.
Appears in 2 contracts
Sources: Revolving Credit Agreement (Charlotte Russe Holding Inc), Revolving Credit Agreement (Charlotte Russe Holding Inc)
Commitment to Lend. Subject to the terms and conditions set forth in this Credit Agreement, each of the Revolving Credit Lenders Dollar Banks severally agrees to lend to the Borrower and the Borrower may borrow, repay, and reborrow from time to time from between the Funding Closing Date up to but not including and the Revolving Credit Revolver Maturity Date upon notice by the Borrower to the Administrative Dollar Agent given in accordance with §2.6ss.8.3, such sums as are requested by the Borrower up to a maximum aggregate amount outstanding (after giving effect to all amounts requested) at any one time equal to such Revolving Credit Lender’s Revolving Credit Dollar Bank's Commitment minus such Revolving Credit Lender’s Dollar Bank's Commitment Percentage of the sum of the Maximum Drawing Amount and all Unpaid Reimbursement Obligations, provided that the sum of the outstanding aggregate amount of all the Revolving Credit Loans (after giving effect to all amounts requested) plus the Maximum Drawing Amount and all Unpaid Reimbursement Obligations shall not at any time exceed the Total Revolving Credit Commitment at such timeRevolver Commitment. The Revolving Credit Loans shall be made pro rata in accordance with each Revolving Credit Lender’s Dollar Bank's Commitment Percentage of the Total Revolving Credit CommitmentPercentage. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower that the conditions set forth in §12 ss.14 and §13ss.15, in the case of the initial Revolving Credit Loans to be made on the Funding Closing Date, and §13ss.15, in the case of all other Revolving Credit Loans, have been satisfied on the date of such request.
Appears in 2 contracts
Sources: Revolving Credit, Term Loan and Gold Consignment Agreement (Commemorative Brands Inc), Revolving Credit, Term Loan and Gold Consignment Agreement (Commemorative Brands Inc)
Commitment to Lend. (a) Subject to the terms and conditions set forth in this Credit Agreement, each of the Revolving Credit Lenders severally agrees to lend to the Borrower and the Borrower may borrow, repay, and reborrow from time to time from the Funding Closing Date up to but not including the Revolving Credit Loan Maturity Date upon notice by the Borrower to the Administrative Agent given in accordance with §Section 2.6, such sums as are requested by the Borrower up to a maximum aggregate amount outstanding (after giving effect to all amounts requested) at any one time equal to such Revolving Credit Lender’s Revolving Credit 's Commitment minus MINUS such Revolving Credit Lender’s 's Commitment Percentage of the sum of the Maximum Drawing Amount and all Unpaid Reimbursement Obligations, provided PROVIDED that the sum of the outstanding aggregate amount of all the Revolving Credit Loans (after giving effect to all amounts requested) plus ), including the Swing Line Loans, PLUS the Maximum Drawing Amount and all Unpaid Reimbursement Obligations shall not at any time exceed the Total Revolving Credit Commitment at such time. The Revolving Credit Loans shall be made pro rata PRO RATA in accordance with each Revolving Credit Lender’s 's Commitment Percentage of the Total Revolving Credit CommitmentPercentage. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower that the conditions set forth in §12 Section 11 and §13Section 12, in the case of the initial Revolving Credit Loans to be made on the Funding Closing Date, and §13Section 12, in the case of all other Revolving Credit Loans, have been satisfied on the date of such request.
(b) LIMITED INCREASE IN TOTAL COMMITMENT. Unless a Default or Event of Default has occurred and is continuing, the Borrower may request, on one or more occasions, that the Total Commitment in effect on the date of such request be increased by up to $25,000,000, PROVIDED, HOWEVER, that (i) the aggregate amount of any and all increases pursuant to this Section 2.1(b) shall not exceed $25,000,000, (ii) any Lender which is a party to this Agreement prior to such increase shall have the right to elect to fund its PRO RATA share of the increase and any additional amounts allocated by the Administrative Agent, thereby increasing its Revolving Credit Commitment hereunder, but no Lender shall be required to do so, (iii) in the event that it becomes necessary to include one or more new Lenders to provide additional funding under this Section 2.1(b) in order to enable such increase in the Total Commitment to occur, such new Lender must be reasonably acceptable to the Administrative Agent and the Borrower, (iv) the Lenders' Commitment Percentages shall be correspondingly adjusted, (v) each new Lender shall make all (if any) such payments to the other Lenders as may be necessary to result in the sum of the Revolving Credit Loans to be made by such new Lender PLUS such new Lender's proportionate share of the Maximum Drawing Amount and all Unpaid Reimbursement Obligations being equal to such new Lender's Commitment Percentage (as then in effect) of the aggregate principal amount of the sum of all Revolving Credit Loans outstanding to the Borrower as of such date PLUS the Maximum Drawing Amount and all Unpaid Reimbursement Obligations as of such date), and (vi) Revolving Credit Notes issued or amended and such other changes shall be made to the Loan Documents, as shall be necessary to reflect any such increase in the Total Commitment. Any such increase in the Total Commitment (whether by $25,000,000 or by a lesser amount) shall require, among other things, the satisfaction of such conditions precedent as the Administrative Agent may require, including, without limitation, the obtaining by any applicable Lender of requisite internal approvals, the Administrative Agent's receipt of evidence of applicable corporate authorization and other corporate documentation from the Borrower and the legal opinion of counsel to the Borrower, each in form and substance satisfactory to the Administrative Agent and such Lenders as are participating in such increase.
Appears in 2 contracts
Sources: Revolving Credit Agreement (Coach Inc), Revolving Credit Agreement (Coach Inc)
Commitment to Lend. Subject to the terms and conditions set forth in this Credit Agreement, each of the Revolving Credit Lenders severally agrees to lend to the Borrower Borrowers and the each Borrower may borrow, repay, and reborrow from time to time from the Funding Effective Date up to but not including the Revolving Credit Loan Maturity Date upon notice by the a Borrower to the Administrative Agent given in accordance with §2.6, such sums as are requested by the such Borrower up to a maximum aggregate amount outstanding (after giving effect to all amounts requested) at any one time equal to such Revolving Credit Lender’s Revolving Credit Commitment minus such Revolving Credit Lender’s Commitment Percentage of the sum of the Maximum Drawing Amount and all Unpaid Reimbursement Obligations, provided that the sum of the outstanding aggregate amount of all the Revolving Credit Loans (after giving effect to all amounts requested) plus the Maximum Drawing Amount and all Unpaid Reimbursement Obligations shall not at any time exceed the Total Revolving Credit Commitment at such time. The Revolving Credit Loans shall be made pro rata in accordance with each Revolving Credit Lender’s Commitment Percentage of the Total Revolving Credit CommitmentPercentage. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower Borrowers that the conditions set forth in §12 and §13, in the case of the any initial Revolving Credit Loans to be made on the Funding Effective Date, and §13, in the case of all other Revolving Credit Loans, have been satisfied on the date of such request.
Appears in 2 contracts
Sources: Credit Agreement (Crystal Rock Holdings, Inc.), Credit Agreement (Vermont Pure Holdings LTD/De)
Commitment to Lend. Subject to the terms and conditions set forth in this Credit Agreement, each of the Revolving Credit Lenders severally agrees to lend to the Borrower and the Borrower may borrow, repay, and reborrow from time to time from the Funding Closing Date up to but not including the Revolving Credit Maturity Date upon notice by the Borrower to the Administrative Agent given in accordance with §2.6, such sums as are requested by the Borrower up to a maximum aggregate amount outstanding (after giving effect to all amounts requested) at any one time equal to such Revolving Credit Lender’s Revolving Credit Commitment minus such Revolving Credit Lender’s Commitment Percentage of the sum of the Maximum Drawing Amount and all Unpaid Reimbursement Obligations, provided that the sum of the outstanding aggregate amount of all the Revolving Credit Loans (after giving effect to all amounts requested) plus Swing Line Loans plus the Maximum Drawing Amount and all Unpaid Reimbursement Obligations shall not at any time exceed the lesser of (i) the Total Revolving Credit Commitment at such time and (ii) the Borrowing Base at such time. The Revolving Credit Loans shall be made pro rata in accordance with each Revolving Credit Lender’s Commitment Percentage of the Total Revolving Credit CommitmentPercentage. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower that the conditions set forth in §12 11 and §1312, in the case of the initial Revolving Credit Loans to be made on the Funding Closing Date, and §1312, in the case of all other Revolving Credit Loans, have been satisfied on the date of such request.
Appears in 2 contracts
Sources: Revolving Credit Agreement (SeaCube Container Leasing Ltd.), Revolving Credit Agreement (Seacastle Inc.)
Commitment to Lend. Subject to the terms and conditions set forth in this Credit Agreement, each of the Revolving Credit Lenders Banks severally agrees to lend to the Borrower and the Borrower may borrow, repay, and reborrow from time to time from between the Funding Effective Date up to but not including and the Revolving Credit Loan Maturity Date upon notice by the Borrower to the Administrative Agent given in accordance with §2.6(S)2.6, such sums as are requested by the Borrower up to a maximum aggregate amount outstanding (after giving effect to all amounts requested) at any one time equal to such Revolving Credit Lender’s Revolving Credit Bank's Commitment minus such Bank's ----- Revolving Credit Lender’s Loan Commitment Percentage of the sum of the Maximum Drawing Amount and all Unpaid Reimbursement Obligations, provided that the sum of the -------- outstanding aggregate amount of all the Revolving Credit Loans (after giving effect to all amounts requested) plus the Maximum Drawing Amount and all Unpaid Reimbursement ---- Obligations shall not at any time exceed the Total Revolving Credit Commitment at such timeCommitment. The Revolving Credit Loans shall be made pro rata in accordance with each Bank's Revolving --- ---- Credit Lender’s Loan Commitment Percentage of the Total Revolving Credit CommitmentPercentage. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower that the conditions set forth in §12 (S)12 and §13(S)13, in the case of the initial Revolving Credit Loans to be made on the Funding Effective Date, and §13(S)13, in the case of all other Revolving Credit Loans, have been satisfied on the date of such request.
Appears in 2 contracts
Sources: Revolving Credit and Term Loan Agreement (Petro Stopping Centers Holdings Lp), Revolving Credit and Term Loan Agreement (Petro Stopping Centers L P)
Commitment to Lend. Subject to the terms and conditions set forth in this Credit Agreement, each of the Revolving Credit Lenders Banks severally agrees to lend to the any Borrower and the any Borrower may borrow, repay, and reborrow from time to time from between the Funding Closing Date up to but not including and the Revolving Credit Loan Maturity Date upon notice by the such Borrower to the Administrative Agent given in accordance with §2.6ss.2.6, such sums sums, in Dollars and/or at any Borrower's option from time to time, subject to ss.2.9 hereof, in an Optional Currency, as are requested by the Borrower up to a maximum aggregate amount outstanding (after giving effect to all amounts requested) at any one time equal to such Revolving Credit Lender’s Revolving Credit Bank's Commitment minus such Revolving Credit Lender’s Bank's Commitment Percentage of the sum of the Maximum Drawing Amount and Amount, all Unpaid Reimbursement ObligationsObligations and the Maximum Overdraft Amount, provided that the sum of the outstanding aggregate amount of all the Revolving Credit Loans (after giving effect to all amounts requested) plus the Maximum Overdraft Amount, plus the Maximum Drawing Amount and all Unpaid Reimbursement Obligations shall not at any time exceed the Total Revolving Credit Commitment at such timeCommitment. The Revolving Credit Loans shall be made pro rata in accordance with each Revolving Credit Lender’s Bank's Commitment Percentage of the Total Revolving Credit CommitmentPercentage. Each request for a Revolving Credit Loan and each utilization of the Overdraft Facility hereunder shall constitute a representation and warranty by the Borrower that the conditions set forth in §12 ss.11 and §13ss.12, in the case of the initial Revolving Credit Loans to be made made, and the utilizations of the Overdraft Facility, on the Funding Closing Date, and §13ss.12, in the case of all other Revolving Credit LoansLoans and utilizations of the Overdraft Facility, have been satisfied on the date of such request. Each Base Rate Loan shall be denominated in Dollars, and each Eurocurrency Rate Loan shall be denominated in Dollars or, subject to ss.2.9 hereof, in an Optional Currency.
Appears in 2 contracts
Sources: Revolving Credit Agreement (Genrad Inc), Revolving Credit Agreement (Genrad Inc)
Commitment to Lend. Subject to the terms and conditions set forth in this Credit Agreement, each of the Revolving Credit Lenders severally agrees to lend to the Borrower Borrowers and the Borrower Borrowers may borrow, repay, and reborrow from time to time from between the Funding Closing Date up to but not including and the Revolving Credit Maturity Date upon notice by the Borrower Borrowers to the Administrative Agent given in accordance with §2.6ss.2.7, such sums as are requested by the Borrower Borrowers up to a maximum aggregate amount outstanding (after giving effect to all amounts requested) at any one time equal to such Revolving Credit Lender’s Revolving Credit 's Commitment minus such Revolving Credit Lender’s 's Commitment Percentage of the sum of the Maximum Drawing Amount, the Acceptance Face Amount and all Unpaid Reimbursement Obligations, ; provided that the sum of the outstanding aggregate amount of all Revolving Credit Loans (after giving effect to all amounts requested) plus the Maximum Drawing Amount and Amount, plus the Acceptance Face Amount, plus all Unpaid Reimbursement Obligations shall not at any time exceed the Total Revolving Credit Commitment at such timeCommitment. The Revolving Credit Loans shall be made pro rata in accordance with each Revolving Credit Lender’s 's Commitment Percentage of the Total Revolving Credit CommitmentPercentage. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower Obligors that the conditions set forth in §12 ss.11 and §13ss.12, in the case of the initial Revolving Credit Loans to be made on the Funding Closing Date, and §13ss.12, in the case of all other Revolving Credit Loans, have been satisfied on the date of such request.
Appears in 2 contracts
Sources: Credit Agreement (Baker J Inc), Credit Agreement (Baker J Inc)
Commitment to Lend. Subject to the terms and conditions set forth in this Credit Agreement, each of the Revolving Credit Lenders Banks severally agrees to lend to the Borrower and the Borrower may borrow, repay, and reborrow from time to time from between the Funding Closing Date up to but not including and the Revolving Credit Loan Maturity Date upon notice by the Borrower to the Administrative Agent given in accordance with §Section 2.6, such sums as are requested by the Borrower up to a maximum aggregate amount outstanding Outstanding (after giving effect to all amounts requested) at any one time equal to such Revolving Credit Lender’s Bank's Revolving Credit Commitment minus such Revolving Credit Lender’s Commitment Percentage PROVIDED the Outstanding amount of the sum of the Maximum Drawing Amount and all Unpaid Reimbursement Obligations, provided that the sum of the outstanding aggregate amount of all Revolving Credit Loans (after giving effect to all amounts requested) plus ), PLUS the Maximum Drawing Amount and Amount, PLUS all Unpaid Reimbursement Obligations shall not at any time exceed the Total Revolving Credit Commitment at such timeCommitment. The Revolving Credit Loans shall be made pro rata PRO RATA in accordance with each Bank's Revolving Credit Lender’s Commitment Percentage of the Total Revolving Credit CommitmentPercentage. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower that the conditions set forth in §Section 12 and §Section 13, in the case of the initial Revolving Credit Loans to be made on the Funding Closing Date, and §Section 13, in the case of all other Revolving Credit Loans, have been satisfied on the date of such request.
Appears in 2 contracts
Sources: Revolving Credit Agreement (Restaurant Co), Revolving Credit Agreement (Perkins Finance Corp)
Commitment to Lend. Subject to the provisions of §2.4 and the other terms and conditions set forth in this Credit Agreement, each of the Revolving Credit Lenders severally agrees to lend to the Borrower Borrower, and the Borrower may borrow, repay, and reborrow from each Lender from time to time from between the Funding Closing Date up to but not including and the Revolving Credit Maturity Date upon notice by the Borrower to the Administrative Agent (with copies to the Agent for each Lender) given in accordance with §2.62.4, such sums as are requested by the Borrower up to a maximum aggregate principal amount outstanding (after giving effect to all amounts requested) at any one time equal to such Revolving Credit Lender’s Revolving Credit Commitment minus minus, without double counting, an amount equal to such Revolving Credit Lender’s Commitment Percentage of multiplied by the sum of all Reimbursement Obligations to the extent not yet deemed Revolving Credit Loans and the Maximum Drawing Amount and all Unpaid Reimbursement Obligations, Amount; provided that the sum of the outstanding aggregate amount of all the Revolving Credit Loans (after giving effect to all amounts requested) ), plus the Maximum Drawing Amount and, without double counting the portion, if any, of any Letter of Credit which is drawn and included in the Revolving Credit Loans, all Unpaid outstanding Reimbursement Obligations Obligations, shall not at any time exceed the lesser of (i) the Total Revolving Credit Commitment and (ii) the Availability at such time, and provided, further, that at the time the Borrower requests a Revolving Credit Loan and after giving effect to the making thereof: (i) in the case of any borrowing or other extension of credit, all of the conditions in §13 (and in the case of the initial borrowing on the Closing Date, also the conditions in §12) have been met at the time of such request, and (ii) there has not occurred and is not continuing (or will not occur by reason thereof) any Default or Event of Default. The Revolving Credit Loans shall be made pro rata in accordance with each Revolving Credit Lender’s Commitment Percentage of the Total Revolving Credit CommitmentPercentage. Each request for a Revolving Credit Loan hereunder made pursuant to §2.4 shall constitute a representation and warranty by the Borrower that the conditions set forth in §12 and §13, in the case have been satisfied as of the initial Revolving Credit Loans to be made on Closing Date and that the Funding Date, and conditions set forth in §13, in the case of all other Revolving Credit Loans, 13 have been satisfied on the date of such requestrequest and will be satisfied on the proposed Drawdown Date of the requested Loan or issuance of Letter of Credit, as the case may be, provided that the making of such representation and warranty by the Borrower shall not limit the right of any Lender not to lend if such conditions have not been met. No Revolving Credit Loan or other extension of credit shall be required to be made by any Lender unless all of the conditions contained in §12 have been satisfied as of the Closing Date with respect to the initial Revolving Credit Loan or issuance of Letter of Credit, and unless all of the conditions set forth in §13 have been satisfied at the time of any request for a Revolving Credit Loan or other extension of credit and on the Drawdown Date therefor.
Appears in 1 contract
Sources: Revolving Credit Agreement (First Potomac Realty Trust)
Commitment to Lend. Subject to the terms and conditions set forth in this Credit Agreement, each of the Revolving Credit Lenders severally agrees to lend to the Borrower Borrower, and the Borrower may borrow, repay, and reborrow from time to time from the Funding Closing Date up to but not including the Revolving Credit Loan Maturity Date upon notice by the Borrower to the Administrative Agent given in accordance with §2.6, such sums as are requested by the Borrower up to a maximum aggregate amount outstanding (after giving effect to all amounts requested) at any one time equal to such Revolving Credit Lender’s Revolving Credit Commitment minus such Revolving Credit Lender’s Commitment Percentage of the sum of the Maximum Drawing Amount and all Unpaid Reimbursement Obligations, provided that the sum of the outstanding aggregate amount of all the Revolving Credit Loans (after giving effect to all amounts requested) plus the Maximum Drawing Amount and all Unpaid Reimbursement Obligations shall not at any time exceed the Total Revolving Credit Commitment at such time. The Revolving Credit Loans shall be made pro rata in accordance with each Revolving Credit Lender’s Commitment Percentage of the Total Revolving Credit CommitmentPercentage. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower that the conditions set forth in §12 and §13, in the case of the initial Revolving Credit Loans to be made on the Funding Date, and §13, in the case of all other Revolving Credit Loans, have been satisfied on the date of such request.11 and
Appears in 1 contract
Sources: Revolving Credit Agreement (Friendly Ice Cream Corp)
Commitment to Lend. Subject to the terms and conditions set forth in this Credit Agreement, each of the Revolving Credit Lenders severally agrees to lend to the Borrower Borrowers and the Borrower Borrowers may borrow, repay, and reborrow from time to time from the Funding Closing Date up to but not including the Revolving Credit Loan Maturity Date upon notice by the Borrower Borrowers to the Administrative Agent given in accordance with §2.6Section 2.7, such sums as are requested by the Borrower Borrowers up to a maximum aggregate amount outstanding (after giving effect to all amounts requested) at any one time equal to such Revolving Credit Lender’s 's Revolving Credit Commitment minus MINUS such Revolving Credit Lender’s 's Revolving Credit Commitment Percentage of the sum of the Maximum Drawing Amount and all Unpaid Reimbursement Obligations, provided PROVIDED that the sum of the outstanding aggregate amount of all the Revolving Credit Loans (after giving effect to all amounts requested) plus PLUS the outstanding amount of the Swing Line Loans (after giving effect to all amounts requested) PLUS the Maximum Drawing Amount and all Unpaid Reimbursement Obligations shall not at any time exceed the Total Revolving Credit Commitment at such time. The Revolving Credit Loans shall be made pro rata PRO RATA in accordance with each Revolving Credit Lender’s Commitment Percentage of the Total 's Revolving Credit CommitmentCommitment Percentage. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower Borrowers that the conditions set forth in §12 Section 11 and §13Section 12, in the case of the initial Revolving Credit Loans to be made on the Funding Closing Date, and §13Section 12, in the case of all other Revolving Credit Loans, have been satisfied on the date of such request.
Appears in 1 contract
Sources: Revolving Credit and Term Loan Agreement (Iesi Tx Corp)
Commitment to Lend. Subject to the terms and conditions set forth in ---------- -- ---- this Credit AgreementAgreement (including, but not limited to those requirements set forth in (S)2.6 below), each of the Revolving Credit Lenders Banks severally agrees to lend to the Borrower and the Borrower may borrow, repay, and reborrow from time to time from between the Funding Closing Date up to but not including and the Revolving Credit Loan Maturity Date upon notice by the Borrower to the Administrative Agent given in accordance with §2.6(S)2.6, such sums as are requested by the Borrower up to a maximum aggregate amount outstanding (after giving effect to all amounts requested) at any one time equal to such Revolving Credit Lender’s Revolving Credit Commitment minus such Revolving Credit Lender’s Commitment Percentage of the sum of the Maximum Drawing Amount and all Unpaid Reimbursement ObligationsBank's Commitment, provided that the sum of the outstanding aggregate amount of all the Revolving -------- Credit Loans (after giving effect to all amounts requested) plus the Maximum Drawing Amount and all Unpaid Reimbursement Obligations shall not at any time exceed the Total Revolving Credit Commitment at such timeCommitment. The Revolving Credit Loans shall be made pro rata in accordance with each Revolving Credit Lender’s Bank's Commitment Percentage of the Total Revolving Credit CommitmentPercentage. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower that the conditions set forth in §12 (S)11 and §13(S)12, in the case of the initial Revolving Credit Loans to be made on the Funding Closing Date, and §13(S)12, in the case of all other Revolving Credit Loans, have been satisfied on the date of such request. Notwithstanding anything to the contrary contained herein, the Borrower shall not be permitted to borrow Revolving Credit Loans after June 17, 2000 to finance any portion of a Permitted Acquisition.
Appears in 1 contract
Sources: Acquisition Revolving Credit Agreement (Ameriking Inc)
Commitment to Lend. Subject to the terms and conditions set forth in this Credit Agreement, each of the Revolving Credit Lenders Banks severally agrees to lend to the any Borrower and the any Borrower may borrow, repay, and reborrow from time to time from between the Funding Closing Date up to but not including and the Revolving Credit Maturity Date upon notice by the such Borrower to the Administrative Agent given in accordance with §Section 2.6, such sums sums, in Dollars and/or at any Borrower's option from time to time, subject to Section 2.9 hereof (including, without limitation, any restrictions arising from currency fluctuations as set forth in Section 2.9.4), in an Optional Currency, as are requested by the any Borrower up to a maximum aggregate amount outstanding (after giving effect to all amounts requested, and including any Bank's participating interest in any Swing Line Loans outstanding) at any one time equal to such Revolving Credit Lender’s Revolving Credit Bank's Commitment minus such Revolving Credit Lender’s Bank's Commitment Percentage of the sum of the Maximum Drawing Amount and all Unpaid Reimbursement Obligations, provided that the sum of the outstanding aggregate amount of all the Revolving Credit Loans (after giving effect to all amounts requested) and the Competitive Bid Loans plus the Maximum Drawing Amount and all Unpaid Reimbursement Obligations shall not at any time exceed the Total Revolving Credit Commitment at such timeCommitment. The Revolving Credit Loans shall be made pro rata in accordance with each Revolving Credit Lender’s Bank's Commitment Percentage of the Total Revolving Credit CommitmentPercentage. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower Borrowers that the conditions set forth in §Section 12 and §Section 13, in the case of the initial Revolving Credit Loans to be made on the Funding Closing Date, and §Section 13, in the case of all other Revolving Credit Loans, have been satisfied on the date of such request. Each Base Rate Loan shall be denominated in Dollars, and each Eurocurrency Rate Loan shall be denominated in Dollars, or, subject to Section 2.9 hereof, in an Optional Currency. No Foreign Borrower may borrow funds pursuant to a Revolving Credit Loan hereunder in any currency other than (a) the currency of the country in which such Borrower is organized and doing business or (b) Dollars.
Appears in 1 contract
Sources: Revolving Credit Agreement (Sensormatic Electronics Corp)
Commitment to Lend. Subject to the terms and conditions set forth in this Credit Agreement, each of the Revolving Credit Lenders Banks severally agrees to lend to the Borrower and the Borrower may borrow, repay, repay and reborrow from time to time from between the Funding Closing Date up to but not including and the Revolving Credit Maturity Date upon notice by the Borrower to the Administrative Agent given in accordance with §Section 2.6, such sums as are requested by the Borrower up to a maximum aggregate amount outstanding (after giving effect to all amounts requested) at any one time equal to such Revolving Credit Lender’s Bank's Revolving Credit Commitment minus such Bank's Revolving Credit Lender’s Commitment Percentage of the sum of (i) the Maximum Drawing Amount and Amount, (ii) all Unpaid Reimbursement Obligations, Obligations and (iii) the aggregate principal amount of all Swing Line Loans; provided that the sum of the outstanding aggregate amount of all the Revolving Credit Loans (after giving effect to all amounts requested) plus the Maximum Drawing Amount and Amount, all Unpaid Reimbursement Obligations and the aggregate principal amount of all Swing Line Loans shall not at any time exceed the Total Revolving Credit Commitment at such timeCommitment. The Revolving Credit Loans shall be made pro rata in accordance with each Bank's Revolving Credit Lender’s Commitment Percentage of the Total Revolving Credit CommitmentPercentage. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower that the conditions set forth in §12 Section 15 and §13Section 16, in the case of the initial Revolving Credit Loans to be made on the Funding Closing Date, and §13Section 16, in the case of all other Revolving Credit Loans, have been satisfied on the date of such request.
Appears in 1 contract
Sources: Revolving Credit and Term Loan Agreement (Mercury Air Group Inc)
Commitment to Lend. Subject to the terms and conditions set forth in this Credit Agreement, each of the Revolving Credit Lenders severally agrees to lend to the Borrower Borrowers and the Borrower Borrowers may borrow, repay, and reborrow from time to time from the Funding Closing Date up to but not including the Revolving Credit Maturity Date upon notice by the Borrower Borrowers to the Administrative Agent given in accordance with §2.6ss. 2.1.2, such sums in Dollars and/or, at the Borrowers' option from time to time, subject to ss. 2.10 hereof, in an Optional Currency as are requested by the Borrower Borrowers up to a maximum aggregate amount outstanding (after giving effect to all amounts requested) at any one time equal to such Revolving Credit Lender’s Revolving Credit 's Commitment, as such Commitment minus has been deemed to be reduced by such Revolving Credit Lender’s 's Commitment Percentage of the sum Dollar Equivalent of outstanding Competitive Bid Loans and Swingline Loans minus the Maximum Drawing Amount and all Unpaid Reimbursement ObligationsDollar Equivalent of such Lender's LC Exposure, provided that (a) the sum Dollar Equivalent of the outstanding aggregate amount Total Facility Usage (after giving affect to all amounts requested) shall not exceed the Total Commitment and (b) the Dollar Equivalent of all Revolving Credit the Australian Loans and the UK Loans (after giving effect to all amounts requested) plus and the Maximum Drawing Amount LC Exposure in respect of Letters of Credit issued for the account of the UK Borrower and all Unpaid Reimbursement Obligations the Australian Borrower shall not at any time exceed the Total Revolving Credit Commitment at such timeUK/Australian Sublimit. The Revolving Credit Loans shall be made pro rata in accordance with each Revolving Credit Lender’s 's Commitment Percentage of the Total Revolving Credit CommitmentPercentage. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the applicable Borrower or, as the case may be, Borrowers that the conditions set forth in §12 ss. 11 and §13ss. 12, in the case of the initial Revolving Credit Loans to be made on the Funding Closing Date, and §13ss. 12, in the case of all other Revolving Credit Loans, have been satisfied on the date of such request.
Appears in 1 contract
Sources: Multicurrency Revolving Credit Agreement (Borders Group Inc)
Commitment to Lend. Subject to the terms and conditions set forth in this Credit Agreement, each of the Revolving Credit Lenders Banks severally agrees to lend to the Borrower and the Borrower may borrow, repay, and reborrow from time to time from the Funding Closing Date up to but not including the Revolving Credit Loan Maturity Date upon notice by the Borrower to the Administrative Agent given in accordance with §2.6ss.2.7 hereof, such sums as are requested by the Borrower up to a maximum aggregate principal amount outstanding (after giving effect to all amounts requested) at any one time equal to such Revolving Credit Lender’s Revolving Credit Bank's Commitment minus such Revolving Credit Lender’s Commitment Percentage of the sum of the Maximum Drawing Amount and all Unpaid Reimbursement ObligationsAmount, provided PROVIDED that the sum of the outstanding aggregate amount of all the Revolving Credit Loans (after giving effect to all amounts requested) plus the Maximum Drawing Amount and all Unpaid Reimbursement Obligations shall not at any time exceed the Total Revolving Credit Commitment at such timeCommitment. The Revolving Credit Loans shall be made pro rata PRO RATA in accordance with each Revolving Credit Lender’s Bank's Commitment Percentage of the Total Revolving Credit CommitmentPercentage. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower that the conditions set forth in §12 ss.ss.10 and §1311 hereof, in the case of the initial Revolving Credit Loans to be made on the Funding Closing Date, and §13ss.11 hereof, in the case of all other Revolving Credit Loans, have been satisfied on the date of such request.
Appears in 1 contract
Sources: Revolving Credit Agreement (Freedom Securiteis Corp /De/)
Commitment to Lend. Subject to the terms and conditions set forth in this Credit AgreementAgreement (including, without limitation, Section 2.11 hereof), each of the Revolving Credit Lenders Bank Lender and each Lender Group severally agrees to lend to the Borrower Borrower, and the Borrower may borrow, repay, and reborrow from time to time from the Funding Closing Date up to (but not including including) the Revolving Credit Maturity Conversion Date upon notice by the Borrower to the Administrative Agent (with a copy to each Interest Rate Hedge Provider) given in accordance with §2.6Section 2.7, such sums as are requested by the Borrower up to a maximum aggregate amount outstanding (after giving effect to all amounts requested) at any one time equal to such Revolving Credit Lender’s Revolving Credit Commitment minus such Revolving Credit Lender’s Commitment Percentage of the sum of the Maximum Drawing Amount and all Unpaid Reimbursement ObligationsBorrower, provided that the sum of the outstanding aggregate unpaid principal amount of all Revolving Credit Loans (after giving effect to all amounts requested) plus the Maximum Drawing Amount and all Unpaid Reimbursement Obligations shall not at any time exceed the lesser of (i) the Total Revolving Credit Commitment at such timetime and (ii) the Borrowing Base at such time and provided further that the Conduit Lender in such Lender Group may, in its sole discretion, make a Loan to the Borrower in a principal amount equal to its Lender Group Percentage of such requested Loan; it being understood and agreed that, at no time will a Conduit Lender have any obligation to make any Loan; and if such Conduit Lender declines to make any such Loan, the Bank Lenders in such Lender Group shall make Loans in an aggregate principal amount equal to the related Lender Group Percentage of such requested Credit Loan. The Revolving Credit Loans shall be made pro rata in accordance with each Revolving Credit LenderLender Group’s Commitment Percentage of the Total Revolving Credit CommitmentLender Group Percentage. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower that the conditions set forth in §Section 12 and §13, in the case of the initial Revolving Credit Loans to be made on the Funding Date, and §13, in the case of all other Revolving Credit Loans, have been satisfied on the date of such request.
Appears in 1 contract
Commitment to Lend. Subject to the provisions of ss.2.5 and the other terms and conditions set forth in this Credit Agreement, each of the Revolving Credit Lenders severally agrees to lend to the Borrower and the Borrower may borrow, repay, and reborrow from each Lender from time to time from the Funding Closing Date up to but not including the Revolving Credit Maturity Date upon notice by the Borrower to the Administrative Agent given in accordance with §2.6ss.2.5 hereof, such sums as are requested by the Borrower up to a maximum aggregate principal amount outstanding (after giving effect to all amounts requested) at any one time equal to such Revolving Credit Lender’s Revolving Credit 's Commitment minus such Revolving Credit Lender’s 's Commitment Percentage of the sum of the Maximum Drawing Amount and all Unpaid Reimbursement Obligations, Amount; provided that the sum of the outstanding aggregate amount of all the Revolving Credit Loans (after giving effect to all amounts requested) and the Competitive Bid Loans plus the Maximum Drawing Amount and all Unpaid Reimbursement Obligations shall not at any time exceed the Total Revolving Credit Commitment in effect at such time. The Revolving Credit Loans shall be made pro rata in accordance with each Revolving Credit Lender’s 's Commitment Percentage of the Total Revolving Credit CommitmentPercentage. Each request for a Revolving Credit Loan hereunder made pursuant to ss.2.5 hereof shall constitute a representation and warranty by the Borrower that the conditions set forth in §12 and §13, in the case ss.10 have been satisfied as of the initial Revolving Credit Loans to be made on Closing Date and that the Funding Date, and §13, conditions set forth in the case of all other Revolving Credit Loans, ss.11 have been satisfied on the date of such request.request and will be satisfied on the proposed Drawdown Date of the requested Revolving Credit Loan, provided that the making of such representation and warranty by the Borrower shall not limit the right of any Lender not to lend if such conditions have not been met. No Revolving Credit Loan shall be required to be made by any Lender unless all of the conditions 397
Appears in 1 contract
Commitment to Lend. Subject to the terms and conditions set forth in this Credit Agreement, each of the Revolving Credit Lenders severally severally, but not jointly, agrees to lend to the Borrower Borrowers, and the Borrower Borrowers may borrow, repay, and reborrow from time to time from the Funding Closing Date up to but not including the Revolving Credit Maturity Date Date, upon notice by the Borrower Borrowers to the Administrative Agent given in accordance with §2.62.5, such sums as are requested by the Borrower Borrowers up to a maximum aggregate amount outstanding (after giving effect to all amounts requested) at any one time equal to such Revolving Credit Lender’s Revolving Credit Commitment minus such Revolving Credit Lender’s Commitment Percentage of the sum of the Maximum Drawing Amount and all Unpaid Reimbursement Obligations, provided that the sum of the outstanding aggregate amount of all the Revolving Credit Loans (after giving effect to all amounts requested) plus the outstanding amount of the Swing Line Loans plus the Maximum Drawing Amount and all Unpaid Reimbursement Obligations shall not at any time exceed the Total Revolving Credit Commitment at such time. The Revolving Credit Loans shall be made pro rata in accordance with each Revolving Credit Lender’s Commitment Percentage of the Total Revolving Credit CommitmentPercentage. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower Borrowers that the conditions set forth in §12 10 and §1311, in as the case of the initial Revolving Credit Loans to be made on the Funding Date, and §13, in the case of all other Revolving Credit Loansmay be, have been satisfied on the date of such request.
Appears in 1 contract
Commitment to Lend. Subject to the terms and conditions set forth in ------------------ this Credit Agreement, each of the Revolving Credit Lenders severally agrees to lend to the Borrower Borrowers and the Borrower Borrowers may borrow, repay, and reborrow from time to time from the Funding Closing Date up to but not including the Revolving Credit Maturity Date upon notice by the Borrower Borrowers to the Administrative Agent given in accordance with §Section 2.6, such sums as are requested by the Borrower Borrowers up to a maximum aggregate amount outstanding (after giving effect to all amounts requested) at any one time equal to such Revolving Credit Lender’s Revolving Credit 's Commitment minus such Revolving Credit Lender’s 's Commitment Percentage ----- of the sum of the Maximum Drawing Amount and all Unpaid Reimbursement Obligations, provided that the sum of the outstanding aggregate amount of all the Revolving -------- Credit Loans (after giving effect to all amounts requested) plus the Maximum ---- Drawing Amount and all Unpaid Reimbursement Obligations shall not at any time exceed the lesser of (i) the Total Revolving Credit Commitment at such time and (ii) the Borrowing Base at such time. The Revolving Credit Loans shall be made pro rata --- ---- in accordance with each Revolving Credit Lender’s 's Commitment Percentage of the Total Revolving Credit CommitmentPercentage. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower Borrowers that the conditions set forth in §12 Section 11 and §13Section 12, in the case of the initial Revolving Credit Loans to be made on the Funding Closing Date, and §13Section 12, in the case of all other Revolving Credit Loans, have been satisfied on the date of such request.
Appears in 1 contract
Sources: Revolving Credit Agreement (Us Xpress Enterprises Inc)
Commitment to Lend. Subject to the terms and conditions set forth in this Credit Agreement, each of the Revolving Credit Lenders severally agrees to lend to the Borrower Borrowers, and the Borrower Borrowers on a joint and several basis may borrow, repay, and reborrow from time to time from the Funding Closing Date up to but not including the Revolving Credit Maturity Date upon notice by the Borrower Borrowers' Representative to the Administrative Agent given in accordance with §2.6ss.2.9, such sums as are requested by the Borrower Borrowers' Representative up to a maximum aggregate amount outstanding (after giving effect to all amounts requested) at any one time equal to such Revolving Credit Lender’s Revolving Credit 's Commitment minus MINUS such Revolving Credit Lender’s 's Commitment Percentage of the sum of the Maximum Drawing Amount and all Unpaid Reimbursement Obligations, provided PROVIDED that the sum of Administrative Agent and the outstanding aggregate amount of all Revolving Credit Lenders shall have no obligation to make any Revolving Credit Loans (after giving effect which would constitute an OverLoan and the Borrowers shall never allow Availability to all amounts requested) plus the Maximum Drawing Amount and all Unpaid Reimbursement Obligations shall not at any time exceed the Total Revolving Credit Commitment at such time. The Revolving Credit Loans shall be made pro rata in accordance with each Revolving Credit Lender’s Commitment Percentage of the Total Revolving Credit Commitmentless than $0. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower Borrowers that the conditions set forth in §12 ss.11 and §13ss.12, in the case of the initial Revolving Credit Loans to be made on the Funding Closing Date, and §13ss.12, in the case of all other Revolving Credit Loans, have been satisfied on the date of such request. No Revolving Credit Lender has any obligation to make any Revolving Credit Loan, or otherwise to provide any credit to or for the benefit of the Borrowers where the result of such loan, advance, or credit is an OverLoan.
Appears in 1 contract
Sources: Revolving Credit, Tranche B Loan and Security Agreement (Mayors Jewelers Inc/De)
Commitment to Lend. Subject to the terms and conditions set forth in this Credit Agreement, each of the Revolving Credit Lenders Banks severally agrees to lend to the Borrower and the Borrower may borrow, repay, and reborrow from time to time from the Funding Closing Date up to but not including the Revolving Credit Maturity Date upon notice by the Borrower to the Administrative Agent given in accordance with §2.6ss.2.6, such sums as are requested by the Borrower up to a maximum aggregate amount outstanding (after giving effect to all amounts requested) at any one time equal to such Revolving Credit Lender’s Bank's Revolving Credit Commitment minus such Bank's Revolving Credit Lender’s Commitment Percentage of the sum of the Maximum Drawing Amount and all Unpaid Reimbursement Obligations, provided that the sum of the outstanding aggregate amount of all the Revolving Credit Loans (after giving effect to all amounts requested) plus the Maximum Drawing Amount and all Unpaid Reimbursement Obligations shall not at any time exceed the Total Revolving Credit Commitment at such timeCommitment. The Revolving Credit Loans shall be made pro rata in accordance with each Bank's Revolving Credit Lender’s Commitment Percentage of the Total Revolving Credit CommitmentPercentage. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower that the conditions set forth in §12 ss.14 and §13ss.15, in the case of the initial Revolving Credit Loans to be made on the Funding Closing Date, and §13ss.13, in the case of all other Revolving Credit Loans, have been satisfied on the date of such request.
Appears in 1 contract
Sources: Revolving Credit and Term Loan Agreement (Hvide Marine Inc)
Commitment to Lend. Subject to the terms and conditions set forth in this Credit Agreement, each of the Revolving Credit Lenders severally severally, but not jointly, agrees to lend to the Borrower Borrowers, and the Borrower Borrowers may borrow, repay, and reborrow from time to time from the Funding Closing Date up to but not including the Revolving Credit Maturity Date Date, upon notice by the Borrower Borrowers to the Administrative Agent given in accordance with §2.6s. 2.5, such sums as are requested by the Borrower Borrowers up to a maximum aggregate amount outstanding (after giving effect to all amounts requested) at any one time equal to such Revolving Credit Lender’s Revolving Credit 's Commitment minus such Revolving Credit Lender’s 's Commitment Percentage of the sum of the Maximum Drawing Amount and all Unpaid Reimbursement Obligations, provided that the sum of the outstanding aggregate amount of all the Revolving Credit Loans (after giving effect to all amounts requested) plus the outstanding amount of the Swing Line Loans plus the Maximum Drawing Amount and all Unpaid Reimbursement Obligations shall not at any time exceed the Total Revolving Credit Commitment at such time. The Revolving Credit Loans shall be made pro rata in accordance with each Revolving Credit Lender’s 's Commitment Percentage of the Total Revolving Credit CommitmentPercentage. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower Borrowers that the conditions set forth in §12 s. 10 and §13s. 11, in as the case of the initial Revolving Credit Loans to be made on the Funding Date, and §13, in the case of all other Revolving Credit Loansmay be, have been satisfied on the date of such request.
Appears in 1 contract
Sources: Revolving Credit and Term Loan Agreement (Waste Connections Inc/De)
Commitment to Lend. Subject to the terms and conditions set forth in this Credit Agreement, each of the Revolving Credit Lenders Banks severally agrees to lend to the Borrower and the Borrower may borrow, repay, and reborrow from time to time from between the Funding Closing Date up to but not including and the Revolving Credit Maturity Date upon notice by the Borrower to the Administrative Agent given in accordance with §2.6ss.2.6, such sums as are requested by the Borrower up to a maximum aggregate amount outstanding Outstanding (after giving effect to all amounts requested) at any one time equal to such Revolving Credit Lender’s Revolving Credit Bank's Commitment minus MINUS such Revolving Credit Lender’s Bank's Commitment Percentage of the sum of the Maximum Drawing Amount and all Unpaid Reimbursement ObligationsObligations on the Revolver Letters of Credit, provided PROVIDED that the sum of the outstanding aggregate Outstanding amount of all Revolving Credit the Loans (after giving effect to all amounts requested) plus PLUS the Maximum Drawing Amount and all Unpaid Reimbursement Obligations on the Revolver Letters of Credit shall not at any time exceed the Total Revolving Credit Commitment at such timeCommitment. The Revolving Credit Loans shall be made pro rata PRO RATA in accordance with each Revolving Credit Lender’s Bank's Commitment Percentage of the Total Revolving Credit CommitmentPercentage. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower that the conditions set forth in §12 ss.11 and §13ss.12, in the case of the initial Revolving Credit Loans to be made on the Funding Closing Date, and §13ss.12, in the case of all other Revolving Credit Loans, have been satisfied on the date of such request.
Appears in 1 contract
Commitment to Lend. Subject to the terms and conditions set forth in this Credit Agreement, each of the Revolving Credit Lenders severally agrees to lend to the Borrower Borrowers, and the Borrower Borrowers on a joint and several basis may borrow, repay, and reborrow from time to time from the Funding Closing Date up to but not including the Revolving Credit Maturity Date upon notice by the Borrower Borrowers' Representative to the Administrative Agent given in accordance with §2.6ss.2.9, such sums as are requested by the Borrower Borrowers' Representative up to a maximum aggregate amount outstanding (after giving effect to all amounts requested) at any one time equal to such Revolving Credit Lender’s Revolving Credit 's Commitment minus such Revolving Credit Lender’s 's Commitment Percentage of the sum of the Maximum Drawing Amount and all Unpaid Reimbursement Obligations, provided that the sum of Administrative Agent and the outstanding aggregate amount of all Revolving Credit Lenders shall have no obligation to make any Revolving Credit Loans (after giving effect which would constitute an OverLoan and the Borrowers shall never allow Availability to all amounts requested) plus the Maximum Drawing Amount and all Unpaid Reimbursement Obligations shall not at any time exceed the Total Revolving Credit Commitment at such time. The Revolving Credit Loans shall be made pro rata in accordance with each Revolving Credit Lender’s Commitment Percentage of the Total Revolving Credit Commitmentless than $0. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower Borrowers that the conditions set forth in §12 ss.11 and §13ss.12, in the case of the initial Revolving Credit Loans to be made on the Funding Closing Date, and §13ss.12, in the case of all other Revolving Credit Loans, have been satisfied on the date of such request. No Revolving Credit Lender has any obligation to make any Revolving Credit Loan, or otherwise to provide any credit to or for the benefit of the Borrowers where the result of such loan, advance, or credit is an OverLoan.
Appears in 1 contract
Sources: Revolving Credit, Tranche B Loan and Security Agreement (Mayors Jewelers Inc/De)
Commitment to Lend. Subject to the provisions of ss.2.5 and the other terms and conditions set forth in this Credit Agreement, each of the Revolving Credit Lenders severally agrees to lend to the Borrower Borrowers and the Borrower Borrowers may borrow, repay, and reborrow from each Lender from time to time from the Funding Closing Date up to but not including the Revolving Credit Maturity Date upon notice by the Borrower Representative to the Administrative Agent given in accordance with §2.6ss.2.5 hereof, such sums as are requested by the Borrower Representative up to a maximum aggregate principal amount outstanding (after giving effect to all amounts requested) at any one time equal to such Revolving Credit Lender’s Revolving Credit 's Commitment minus such Revolving Credit Lender’s 's Commitment Percentage of the sum of the Maximum Drawing Amount and all Unpaid Reimbursement Obligations, Amount; provided that the sum of the outstanding aggregate amount of all the Revolving Credit Loans (after giving effect to all amounts requested) and the Competitive Bid Loans plus the Maximum Drawing Amount and all Unpaid Reimbursement Obligations shall not at any time exceed the Total Revolving Credit Commitment in effect at such time. The Revolving Credit Loans shall be made pro rata in accordance with each Revolving Credit Lender’s 's Commitment Percentage of the Total Revolving Credit CommitmentPercentage. Each request for a Revolving Credit Loan hereunder made pursuant to ss.2.5 hereof shall constitute a representation and warranty by the Borrower Borrowers that the conditions set forth in §12 and §13, in the case ss.10 have been satisfied as of the initial Revolving Credit Loans to be made on Closing Date and that the Funding Date, and §13, conditions set forth in the case of all other Revolving Credit Loans, ss.11 have been satisfied on the date of such requestrequest and will be satisfied on the proposed Drawdown Date of the requested Revolving Credit Loan, provided that the making of such representation and warranty by the Borrowers shall not limit the right of any Lender not to lend if such conditions have not been met. No Revolving Credit Loan shall be required to be made by any Lender unless all of the conditions contained in ss.10 have been satisfied as of the Closing Date and all of the conditions set forth in ss.11 have been met at the time of any request for a Revolving Credit Loan. Notwithstanding the foregoing, the Borrowers shall be able to borrow under this Agreement during the occurrence of a Default or an Event of Default arising solely from the Borrowers' failure to comply with the provisions of ss.7.22 if such borrowing is to cure, and will cure, such Default or Event of Default without causing any other Default or Event of Default.
Appears in 1 contract
Sources: Revolving Credit Agreement (Cali Realty Corp /New/)
Commitment to Lend. (a) Revolving Loans. Subject toDuring the Availability Period, each Lender severally, and not jointly, agrees, on the terms and conditions set forth herein, each Lender severally agreesin this Agreement, to make loans (each, a “Revolving Loan”) to or Revolving Loans to the Borrower from time to time pursuant to such ▇▇▇▇▇▇’s Revolving Commitment, which Revolving Loans: (i) may, except as set forth herein, at the option of the Borrower, be incurred and maintained as, or converted into, Revolving Loans that are Base Rate Loans or SOFR Loans, in each case denominated in Dollars or in an Alternative Currency from time to time during the Availability Period in an, as applicable, provided that all Revolving Loans made as part of the same Revolving Borrowing shall consist of Revolving Loans of the same Type; (ii) may be repaid or prepaid and reborrowed in accordance with the provisions hereof; and (iii) shall not be made if, after giving effect to any such Revolving Loan, (A) the Revolving Credit Exposure of any Lender would exceed such Lender’s Revolving Commitment, or (B) the aggregate Revolving Credit Exposure plus the principal amount that will not result in (i) such Revolving Lender’s Revolving Credit Exposure exceeding such Lender’s Revolving Commitment, or (ii) the aggregate Revolving Credit Exposure of the Revolving Lenders exceedingof Swing Loans would exceed (A1) the Maximum Loan Available Amount less (B2) the outstanding balance of all of the Term Loans; provided however, that no. The Revolving Lender shall be obligated to make a Revolving Loan in excess ofLoans to be made by each Lender will be made by such Lender on a pro rata basis based upon such ▇▇▇▇▇▇’s Revolving Loan Applicable Percentage of the difference between (A) the Maximum Loan Available Amount less the outstanding balance of all of the Term Loans and (B) the Revolving Credit Exposure. Within the foregoing limits and subject to the terms and conditions set forth in this Credit Agreementherein, each of the Revolving Credit Lenders severally agrees to lend to the Borrower and the Borrower may borrow, repay, prepay and reborrow from time to time from Revolving Loans during the Funding Date up to but not including the Availability Period. each Revolving Credit Maturity Date upon notice by the Borrower to the Administrative Agent given Borrowing, in each case in accordance with §2.6, such sums as are requested by the Borrower up to a maximum aggregate amount outstanding (after giving effect to all amounts requested) at any one time equal to such Revolving Credit Lender’s Revolving Credit Commitment minus such Revolving Credit Lender’s Commitment Percentage of the sum of the Maximum Drawing Amount and all Unpaid Reimbursement Obligations, provided that the sum of the outstanding aggregate amount of all Revolving Credit Loans (after giving effect to all amounts requested) plus the Maximum Drawing Amount and all Unpaid Reimbursement Obligations shall not at any time exceed the Total Revolving Credit Commitment at such time. The Revolving Credit Loans shall be made pro rata in accordance with each Revolving Credit Lender’s Commitment Percentage of the Total Revolving Credit Commitment. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower that the conditions set forth in §12 and §13, in the case of the initial Revolving Credit Loans to be made on the Funding Date, and §13, in the case of all other Revolving Credit Loans, have been satisfied on the date of such requestSection 2.02 hereof.
Appears in 1 contract
Sources: Credit Agreement (SmartStop Self Storage REIT, Inc.)
Commitment to Lend. Subject to the terms and conditions set forth in this Credit Agreement, each of the Revolving Credit Lenders Banks severally agrees to lend to the Borrower Borrowers and the Borrower Borrowers may borrow, repay, and reborrow from time to time from between the Funding Date up to but not including date of this Credit Agreement and the Revolving Credit Maturity Date upon notice by the Borrower Borrowers to the Administrative Agent given in accordance with §2.6[section]2.5, such sums as are requested by the Borrower Borrowers up to a maximum aggregate principal amount outstanding (after giving effect to all amounts then being requested) at any one time equal to such Bank's Commitment provided that the aggregate outstanding principal balance of the Revolving Credit Lender’s Revolving Credit Loans shall at no time exceed (a) the Total Commitment minus such Revolving Credit Lender’s Commitment Percentage of as then in effect less (b) an amount equal to the sum of (i) the aggregate outstanding principal amount of the Imperio Term Loans and the commitments to make new loans under the Imperio Term Loan Agreement, plus (ii) the Maximum Drawing Amount and all Unpaid Reimbursement Obligationswith respect to outstanding Letters of Credit, provided that plus (iii) the sum of the outstanding aggregate amount of all Revolving Credit Loans (after giving effect to all amounts requested) plus the Maximum Drawing Amount and all Unpaid Reimbursement Obligations shall not at any time exceed the Total Revolving owing with respect to Letters of Credit Commitment at such timeissued hereunder. The Revolving Credit Loans shall be made pro rata in accordance with each Revolving Credit Lender’s Bank's Commitment Percentage of the Total Revolving Credit CommitmentPercentage. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower Borrowers that the conditions set forth in §12 [section]9 and §13[section]10, in the case of the initial Revolving Credit Loans to be made on the Funding Closing Date, and §13[section]10, in the case of all other Revolving Credit Loans, have been satisfied on the date of such request.
Appears in 1 contract
Commitment to Lend. Subject to the terms and conditions set forth in this Credit Agreement, each of the Revolving Credit Lenders Banks severally agrees to lend to the Borrower Borrowers and the Borrower Borrowers may borrow, repay, and reborrow from time to time from between the Funding Closing Date up to but not including and the Revolving Credit Maturity Date upon notice by the Borrower Borrowers to the Administrative Agent given in accordance with §SECTION 2.6, such sums as are requested by the Borrower Borrowers up to a maximum aggregate principal amount outstanding (after giving effect to all amounts requested) at any one time equal to such Revolving Credit Lender’s Revolving Credit Commitment Bank's Commitment, minus such Revolving Credit Lender’s Bank's Commitment Percentage of the sum of the Maximum Drawing Amount and all Unpaid Reimbursement Obligations, ; provided that the sum of the outstanding aggregate amount of all Revolving Credit Loans (after giving effect to all amounts requestedrequested (i) the sum of the outstanding amount of the Loans plus the Maximum Drawing Amount and all Unpaid Reimbursement Obligations shall not at any time exceed the lesser of (a) the Total Revolving Credit Commitment at such timeand (b) the amount to which the Borrowers' secured Obligations are limited as set forth in the proviso contained in SECTION 6 hereof; and (ii) the Borrowers are in compliance with the covenant contained in SECTION 10.4 hereof. The Revolving Credit Loans shall be made pro rata in accordance with each Revolving Credit Lender’s Bank's Commitment Percentage of the Total Revolving Credit CommitmentPercentage. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower Borrowers that the conditions set forth in §SECTION 11 and SECTION 12 and §13hereof, in the case of the initial Revolving Credit Loans to be made on the Funding Closing Date, and §13SECTION 12 hereof, in the case of all other Revolving Credit Loans, have been satisfied on the date of such request. The parties hereto hereby agree that, on and as of the Closing Date, the loans outstanding under the Existing Credit Agreement shall become Loans hereunder.
Appears in 1 contract
Sources: Revolving Credit Agreement (Trico Marine Services Inc)
Commitment to Lend. Subject to the terms and conditions set forth in this Credit Agreement, each of the Revolving Credit Lenders severally agrees to lend to the Borrower TransTechnology and the Borrower TransTechnology may borrow, repay, and reborrow from time to time from between the Funding Closing Date up to but not including and the Revolving Credit Loan Maturity Date upon notice by the Borrower TransTechnology to the Administrative Agent given in accordance with §2.6ss.2.6, such sums in Dollars as are requested by the Borrower TransTechnology up to a maximum aggregate amount outstanding (after giving effect to all amounts requested) at any one time equal to such Revolving Credit Lender’s 's Revolving Credit Commitment minus in effect at such Revolving Credit time MINUS such Lender’s 's Commitment Percentage of the sum of (a) the Maximum Drawing Amount and Amount, (b) all Unpaid Reimbursement Obligations, provided and (c) the International Facility Amount, PROVIDED that the sum of the outstanding aggregate amount of all the Revolving Credit Loans (after giving effect to all amounts requested) plus PLUS the Maximum Drawing Amount and Amount, all Unpaid Reimbursement Obligations Obligations, and the International Facility Amount shall not at any time exceed the Total Revolving Credit Commitment at such timeCommitment. The Revolving Credit Loans shall be made pro rata in accordance with each Revolving Credit Lender’s 's Commitment Percentage of the Total Revolving Credit CommitmentPercentage. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower TransTechnology that the conditions set forth in §Section 12 and §Section 13, in the case of the initial Revolving Credit Loans to be made on the Funding Closing Date, and §13ss.13, in the case of all other Revolving Credit Loans, have been satisfied on the date of such request.
Appears in 1 contract
Commitment to Lend. Subject to the provisions of §2.4 and the other terms and conditions set forth in this Credit Agreement, each of the Revolving Credit Lenders severally agrees to lend to the Borrower Borrower, and the Borrower may borrow, repay, and reborrow from each Lender from time to time from between the Funding Closing Date up to but not including and the Revolving Credit Maturity Date upon notice by the Borrower to the Administrative Agent (with copies to the Agent for each Lender) given in accordance with §2.62.4, such sums as are requested by the Borrower up to a maximum aggregate principal amount outstanding (after giving effect to all amounts requested) at any one time equal to such Revolving Credit Lender’s Revolving Credit Commitment minus minus, without double counting, an amount equal to such Revolving Credit Lender’s Commitment Percentage of multiplied by the sum of all Reimbursement Obligations to the extent not yet deemed Revolving Credit Loans and the Maximum Drawing Amount and all Unpaid Reimbursement Obligations, Amount; provided that the sum of the outstanding aggregate amount of all the Revolving Credit Loans (after giving effect to all amounts requested) ), plus the Maximum Drawing Amount and, without double counting the portion, if any, of any Letter of Credit which is drawn and included in the Revolving Credit Loans, all Unpaid outstanding Reimbursement Obligations Obligations, shall not at any time exceed the lesser of (i) the Total Revolving Credit Commitment and (ii) the Borrowing Base Availability at such time, and provided, further, that at the time the Borrower requests a Revolving Credit Loan and after giving effect to the making thereof: (i) in the case of any borrowing or other extension of credit, all of the conditions in §13 (and in the case of the initial borrowing on the Closing Date, also the conditions in §12) have been met at the time of such request, and (ii) there has not occurred and is not continuing (or will not occur by reason thereof) any Default or Event of Default. The Revolving Credit Loans shall be made pro rata in accordance with each Revolving Credit Lender’s Commitment Percentage of the Total Revolving Credit CommitmentPercentage. Each request for a Revolving Credit Loan hereunder made pursuant to §2.4 shall constitute a representation and warranty by the Borrower that the conditions set forth in §12 and §13, in the case have been satisfied as of the initial Revolving Credit Loans to be made on Closing Date and that the Funding Date, and conditions set forth in §13, in the case of all other Revolving Credit Loans, 13 have been satisfied on the date of such requestrequest and will be satisfied on the proposed Drawdown Date of the requested Loan or issuance of Letter of Credit, as the case may be, provided that the making of such representation and warranty by the Borrower shall not limit the right of any Lender not to lend if such conditions have not been met. No Revolving Credit Loan or other extension of credit shall be required to be made by any Lender unless all of the conditions contained in §12 have been satisfied as of the Closing Date with respect to the initial Revolving Credit Loan or issuance of Letter of Credit, and unless all of the conditions set forth in §13 have been satisfied at the time of any request for a Revolving Credit Loan or other extension of credit and on the Drawdown Date therefor.
Appears in 1 contract
Sources: Revolving Credit Agreement (First Potomac Realty Trust)
Commitment to Lend. Subject to the terms and conditions set forth in this Credit Agreement, each of the Revolving Credit Lenders severally agrees to lend to the Borrower Borrower, and the Borrower may borrow, repay, and reborrow from time to time from the Funding Closing Date up to but not including the Revolving Credit Loan Maturity Date upon notice by the Borrower to the Administrative Agent given in accordance with §Section 2.6, such sums as are requested by the Borrower up to a maximum aggregate amount outstanding (after giving effect to all amounts requested) at any one time equal to such Revolving Credit Lender’s Revolving Credit 's Commitment minus MINUS such Revolving Credit Lender’s 's Commitment Percentage of the sum of the Maximum Drawing Amount and all Unpaid Reimbursement Obligations, provided PROVIDED that the sum of the outstanding aggregate amount of all the Revolving Credit Loans (after giving effect to all amounts requested) plus PLUS the Maximum Drawing Amount and all Unpaid Reimbursement Obligations shall not at any time exceed the Total Revolving Credit Commitment at such time. The Revolving Credit Loans shall be made pro rata PRO RATA in accordance with each Revolving Credit Lender’s 's Commitment Percentage of the Total Revolving Credit CommitmentPercentage. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower that the conditions set forth in §12 Section 11 and §13Section 12, in the case of the initial Revolving Credit Loans to be made on the Funding Closing Date, and §13Section 12, in the case of all other Revolving Credit Loans, have been satisfied on the date of such request.
Appears in 1 contract
Sources: Revolving Credit Agreement (Friendly Ice Cream Corp)
Commitment to Lend. Subject to the terms and conditions set forth in this Credit Agreement, each of the Revolving Credit Lenders Banks severally agrees to lend to the Borrower and the Borrower may borrow, repay, and reborrow from time to time from between the Funding Closing Date up to but not including and the Revolving Credit Loan Maturity Date upon notice by the Borrower to the Administrative Agent given in accordance with §2.6sec.2.7, such sums as are requested by the Borrower up to a maximum aggregate amount outstanding (after giving effect to all amounts requested) at any one time equal to such Revolving Credit Lender’s Revolving Credit Bank's Commitment minus MINUS the amount by which the Swing Line Loans outstanding at such Revolving Credit Lender’s time shall be deemed to have used such Bank's Commitment pursuant to sec.2.10 hereof, MINUS such Bank's Commitment Percentage of the sum of the Maximum Drawing Amount and all Unpaid Reimbursement Obligations, provided PROVIDED that the sum of the outstanding aggregate amount of all the Revolving Credit Loans (after giving effect to all amounts requested) plus PLUS the outstanding amount of the Swing Line Loans, PLUS the Maximum Drawing Amount and all Unpaid Reimbursement Obligations shall not at any time exceed the Total Revolving Credit Commitment at such timeCommitment. The Revolving Credit Loans shall be made pro rata PRO RATA in accordance with each Revolving Credit Lender’s Bank's Commitment Percentage of the Total Revolving Credit CommitmentPercentage. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower that the conditions set forth in §12 sec.12 and §13sec.13, in the case of the initial Revolving Credit Loans to be made on the Funding Closing Date, and §13sec.13, in the case of all other Revolving Credit Loans, have been satisfied on the date of such request.
Appears in 1 contract
Sources: Revolving Credit and Term Loan Agreement (Dynatech Corp)
Commitment to Lend. Subject to the terms and conditions set forth in this Credit Agreement, each of the Revolving Credit Lenders Banks severally agrees to lend to the Borrower and the Borrower may borrow, repay, and reborrow from time to time from the Funding Closing Date up to but not including the Revolving Credit Loan Maturity Date upon notice by the Borrower to the Administrative Agent given in accordance with §2.6ss.2.6, such sums sums, in Dollars or at the Borrower's option from time to time, subject to ss.2.9, in an Optional Currency, as are requested by the Borrower up to a maximum aggregate amount outstanding (after giving effect to all amounts requested) at any one time equal to such Revolving Credit Lender’s Revolving Credit Bank's Commitment minus such Revolving Credit Lender’s Bank's Commitment Percentage of the sum of the Maximum Drawing Amount and all Unpaid Reimbursement Obligations, provided that the Dollar Equivalent the sum of the outstanding aggregate amount of all the Revolving Credit Loans (after giving effect to all amounts requested) plus the Maximum Drawing Amount and all Unpaid Reimbursement Obligations shall not at any time exceed the Total Revolving Credit Commitment at such timeCommitment. The Revolving Credit Loans shall be made pro rata in accordance with each Revolving Credit Lender’s Bank's Commitment Percentage of the Total Revolving Credit CommitmentPercentage. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower that the conditions set forth in §12 ss.12 and §13ss.13, in the case of the initial Revolving Credit Loans to be made on the Funding Closing Date, and §13ss.13, in the case of all other Revolving Credit Loans, have been satisfied on the date of such request.. Each Prime Rate Loan shall be denominated in Dollars, and each Eurocurrency Rate Loan shall be denominated in Dollars, or subject to ss.2.9
Appears in 1 contract
Commitment to Lend. Subject to the terms and conditions set forth in this Credit Agreement, each of the Revolving Credit Lenders severally severally, but not jointly, agrees to lend to the Borrower Borrowers, and the Borrower Borrowers may borrow, repay, and reborrow from time to time from the Funding Closing Date up to but not including the Revolving Credit Maturity Date Date, upon notice by the Borrower Borrowers to the Administrative Agent given in accordance with §2.62.5, such sums as are requested by the Borrower Borrowers up to a maximum aggregate amount outstanding (after giving effect to all amounts requested) at any one time equal to such Revolving Credit Lender’s Revolving Credit Commitment minus such Revolving Credit Lender’s Commitment Percentage of the sum of the Maximum Drawing Amount and all Unpaid Reimbursement Obligations, provided that the sum of the outstanding aggregate amount of all the Revolving Credit Loans (after giving effect to all amounts requested) plus the outstanding amount of the Swing Line Loans plus the Maximum Drawing Amount and all Unpaid Reimbursement Obligations shall not at any time exceed the Total Revolving Credit Commitment at such time. The Revolving Credit Loans shall be made pro rata in accordance with each Revolving Credit Lender’s Commitment Percentage of the Total Revolving Credit CommitmentPercentage. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower Borrowers that the conditions set forth in §12 9 and §1310, in as the case of the initial Revolving Credit Loans to be made on the Funding Date, and §13, in the case of all other Revolving Credit Loansmay be, have been satisfied on the date of such request.
Appears in 1 contract
Sources: Revolving Credit Agreement (Waste Connections Inc/De)
Commitment to Lend. Subject to the terms and conditions set forth in this Credit Agreement, each of the Revolving Credit Lenders Banks severally agrees to lend to the Borrower Borrowers as joint and several borrowers, and the Borrower Borrowers may on a joint and several basis borrow, repay, and reborrow reborrow, from time to time from the Funding Closing Date up to but not including the Revolving Credit Maturity Termination Date upon notice by the Borrower Borrowers to the Administrative Agent given in accordance with §2.6ss.2.6, such sums as are requested by the Borrower Borrowers up to a maximum aggregate amount outstanding (after giving effect to all amounts requested) at any one time equal to such Revolving Credit Lender’s Revolving Credit Bank's Commitment minus MINUS such Revolving Credit Lender’s Bank's Commitment Percentage of the sum of the Maximum Drawing Amount of all Letters of Credit and all Unpaid Reimbursement Obligations, provided PROVIDED that the sum of the outstanding aggregate amount of all Revolving Credit the Loans (after giving effect to all amounts requested) plus PLUS the Maximum Drawing Amount of all Letters of Credit and all Unpaid Reimbursement Obligations shall not at any time exceed the least of (i) the Total Revolving Credit Commitment in effect at such timetime MINUS the Commitment Reserve, (ii) the Borrowing Base and (iii) the amount approved to be borrowed by way of Loans and Letters of Credit in the Interim Order or the Final Order, whichever is then in effect. The Revolving Credit Loans shall be made pro rata PRO RATA in accordance with each Revolving Credit Lender’s Bank's Commitment Percentage of the Total Revolving Credit CommitmentPercentage. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by each of the Borrower Borrowers that the conditions set forth in §12 ss.13 and §13ss.14, in the case of the initial Revolving Credit Loans to be made on the Funding Closing Date, and §13ss.14, in the case of all other Revolving Credit Loans, have been satisfied on the date of such request.
Appears in 1 contract
Commitment to Lend. Subject to the terms and conditions set forth in this Credit Agreement, each of the Revolving Credit Lenders severally agrees to lend to the Borrower Borrowers and the Borrower Borrowers may borrow, repay, and reborrow from time to time from between the Funding Effective Date up to but not including and the Revolving Credit Maturity Date upon notice by the Borrower Borrowers to the Administrative Agent given in accordance with §2.6ss.2.6, such sums as are requested by the Borrower Borrowers up to a maximum aggregate amount outstanding (after giving effect to all amounts requested) at any one time equal to such Revolving Credit Lender’s Revolving Credit 's Commitment minus such Revolving Credit Lender’s 's Commitment Percentage of the sum of the Maximum Drawing Amount, the Acceptance Face Amount and all Unpaid Reimbursement Obligations, ; provided that the sum of the outstanding aggregate amount of all Revolving Credit Loans (after giving effect to all amounts requested) plus the Maximum Drawing Amount and Amount, plus the Acceptance Face Amount, plus all Unpaid Reimbursement Obligations shall not at any time exceed an amount equal to the lesser of (i) the Total Revolving Credit Commitment at such timeand (ii) the sum of (A) the Borrowing Base plus (B) the Permitted Overadvance Amount; provided, further, that the Borrowers shall not permit the outstanding amount of the Loans (after giving effect to all amounts requested), plus the Acceptance Face Amount to exceed $35,000,000 (the "Clean Down Amount") during any one (1) thirty (30) consecutive day period occurring during each calendar year ending after December 31, 1997. The Revolving Credit Loans shall be made pro rata in accordance with each Revolving Credit Lender’s 's Commitment Percentage of the Total Revolving Credit CommitmentPercentage. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower Borrowers that the conditions set forth in §12 ss.11 and §13ss.12, in the case of the initial Revolving Credit Loans to be made on the Funding Effective Date, and §13ss.12, in the case of all other Revolving Credit Loans, have been satisfied on the date of such request.
Appears in 1 contract
Sources: Credit Agreement (Starter Corp)
Commitment to Lend. Subject to the terms and conditions set forth in this Credit Agreement, each of the Revolving Credit Lenders Banks severally agrees to lend to the Borrower and the Borrower may borrow, repay, and reborrow from time to time from between the Funding Closing Date up to but not including and the Revolving Credit Maturity Date upon notice by the Borrower to the Administrative Agent given in accordance with §2.6sec.2.6, such sums as are requested by the Borrower up to a maximum aggregate amount outstanding (after giving effect to all amounts requested) at any one time equal to such Revolving Credit Lender’s Revolving Credit Bank's Commitment minus MINUS such Revolving Credit Lender’s Bank's Commitment Percentage of the sum of the Maximum Drawing Amount and all Unpaid Reimbursement Obligations, provided PROVIDED that the sum of the outstanding aggregate amount of all the Revolving Credit Loans (after giving effect to all amounts requested) plus PLUS the Maximum Drawing Amount and all Unpaid Reimbursement Obligations shall not at any time exceed the lesser of (a) the Total Commitment and (b) the Borrowing Base MINUS the outstanding amount of the Term Loan, and PROVIDED FURTHER that in no event shall the sum of the outstanding amount of the Term Loan PLUS the outstanding amount of Revolving Credit Commitment at such timeLoans PLUS the Maximum Drawing Amount and all Unpaid Reimbursement Obligations exceed the Borrowing Base. The Revolving Credit Loans shall be made pro rata PRO RATA in accordance with each Revolving Credit Lender’s Bank's Commitment Percentage of the Total Revolving Credit CommitmentPercentage. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower that the conditions set forth in §12 sec.12 and §13sec.13, in the case of the initial Revolving Credit Loans to be made on the Funding Closing Date, and §13sec.13, in the case of all other Revolving Credit Loans, have been satisfied on the date of such request.
Appears in 1 contract
Sources: Revolving Credit and Term Loan Agreement (Filenes Basement Corp)
Commitment to Lend. Subject to The Lender agrees, on the terms and conditions set forth in this herein, to make Revolving Credit AgreementLoans to the Borrower from time to time before the Termination Date; provided that, immediately after each Revolving Credit Loan is made, the maximum aggregate outstanding principal amount of Revolving Credit Loans by the Lender, plus the aggregate amount of the Letter of Credit Obligations shall not exceed at any one time the amount of the Revolving Credit Lenders severally agrees to lend Commitment, provided further that, subject to the Borrower foregoing limitations, from and after the Borrower may borrow, repay, and reborrow from time to time from Closing Date the Funding Date up to but not including the Revolving Credit Maturity Date upon notice by the Borrower to the Administrative Agent given in accordance with §2.6, such sums as are requested by the Borrower up to a maximum aggregate amount outstanding (after giving effect to all amounts requested) at any one time equal to such Revolving Credit Lender’s Revolving Credit Commitment minus such Revolving Credit Lender’s Commitment Percentage of the sum of the Maximum Drawing Amount and all Unpaid Reimbursement Obligations, provided that the sum of the outstanding aggregate principal amount of all Revolving Credit Loans (after giving effect to all amounts requested) plus Loans, together with the Maximum Drawing Amount and all Unpaid Reimbursement Obligations aggregate principal amount of the Letter of Credit Obligations, at any one time outstanding shall not at any time exceed the Total Revolving Credit Commitment at such time. The Revolving Credit Loans shall be made pro rata in accordance with each Revolving Credit Lender’s Commitment Percentage of the Total Revolving Credit Commitment. (as such figure may be reduced from time to time as provided in this Agreement, the "Commitment"). Each request for Revolving Credit Borrowing that is a Libor Rate Borrowing under this Section shall be in an aggregate principal amount of $500,000 or any larger multiple of $500,000 and each Revolving Credit Borrowing that is a Base Rate Borrowing under this Section shall be in an aggregate principal amount of $500,000 or any larger multiple of $500,000 (except that any such Revolving Credit Borrowing may be in the aggregate amount of the Total Unused Revolving Credit Commitment). Within the foregoing limits, the Borrower may borrow under this Section, repay or, to the extent permitted by Section 2.10, prepay Loans and reborrow under this Section at any time before the Termination Date in accordance with this Agreement. Each Revolving Credit Loan hereunder shall constitute shall, at the option of Borrower, be made or continued as, or converted into, a representation and warranty by Base Rate Loan or a LIBOR Rate Loan upon the Borrower that the conditions terms set forth in §12 and §13, in the case of the initial Revolving Credit Loans to be made on the Funding Date, and §13, in the case of all other Revolving Credit Loans, have been satisfied on the date of such requestherein.
Appears in 1 contract
Sources: Loan and Security Agreement (Atlantic Coast Airlines Holdings Inc)
Commitment to Lend. Subject to the terms and conditions set forth in this Credit Agreement, each of the Banks severally agrees (i) on the Closing Date, to convert the Existing Revolving Credit Lenders severally agrees Loans, if any, to Revolving Credit Loans under this Credit Agreement and (ii) to lend to the Borrower and the Borrower may borrow, repay, and reborrow from time to time from the Funding Closing Date up to but not including the Revolving Credit Maturity Date upon notice by the Borrower to the Administrative Agent given in accordance with §2.63.6, such sums as are requested by the Borrower up to a maximum aggregate amount outstanding (after giving effect to all amounts requested) at any one time equal to such Revolving Credit Lender’s Revolving Credit Bank's Commitment minus such Revolving Credit Lender’s Bank's Commitment Percentage of the sum of the Maximum Drawing Amount and all Unpaid Reimbursement Obligations; provided, provided that however, notwithstanding the foregoing, the aggregate amount of the outstanding Revolving Credit Loans shall not exceed $55,075,000.00 at any time. After the Formula Date, the sum of the outstanding aggregate amount of all the Revolving Credit Loans (after giving effect to all amounts requested) plus the Maximum Drawing Amount and all Unpaid Reimbursement Obligations shall not at any time exceed the lesser of (a) the Total Revolving Credit Commitment at such timeand (b) the Borrowing Base. The Revolving Credit Loans shall be made pro rata in accordance with each Revolving Credit Lender’s Bank's Commitment Percentage of the Total Revolving Credit CommitmentPercentage. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower that the conditions set forth in §12 and §13, in the case of the initial conversion of the Existing Revolving Credit Loans to Revolving Credit Loans to be made on the Funding Closing Date, and §13, in the case of all other Revolving Credit Loans, have been satisfied or waived in writing by the Majority Banks and the Agent on the date of such request.
Appears in 1 contract
Commitment to Lend. Subject to the terms and conditions set forth in this Credit Agreement, each of the Revolving Credit Lenders Banks severally agrees to lend to the Borrower and the Borrower may borrow, repay, and reborrow from time to time from between the Funding Closing Date up to but not including and the Revolving Credit Loan Maturity Date upon notice by the Borrower to the Administrative Agent given in accordance with §2.6(S)2.6 hereof, such sums as are requested by the Borrower up to a maximum aggregate amount outstanding (after giving effect to all amounts requested) at any one time equal to such Revolving Credit Lender’s Revolving Credit Bank's Commitment minus such Revolving Credit Lender’s Bank's Commitment Percentage of the sum of the Maximum Drawing Amount and all Unpaid Reimbursement Obligations, provided that the sum of the outstanding aggregate amount of all the Revolving Credit Loans (after giving effect to all amounts requested) plus the Maximum Drawing Amount and all Unpaid Reimbursement Obligations shall not at any time exceed the Total Revolving Credit Commitment at such timeCommitment. The Revolving Credit Loans shall be made pro rata in accordance with each Revolving Credit Lender’s Bank's Commitment Percentage of the Total Revolving Credit CommitmentPercentage. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower that the conditions set forth in §12 (S)11 and §13(S)12 hereof, in the case of the initial Revolving Credit Loans to be made or converted on the Funding Closing Date, and §13(S)12 hereof, in the case of all other Revolving Credit Loans, have been satisfied on the date of such request.
Appears in 1 contract
Sources: Revolving Credit Agreement (Jordan Telecommunication Products Inc)
Commitment to Lend. Subject to the terms and conditions set forth in this Credit Agreement, each of the Revolving Credit Lenders Banks severally agrees to lend to the Borrower and the Borrower may borrow, repay, and reborrow from time to time from the Funding Closing Date up to but not including the Revolving Credit Loan Maturity Date upon notice by the Borrower to the Administrative Agent given in accordance with §2.6, such sums as are requested by the Borrower up to a maximum aggregate amount outstanding (after giving effect to all amounts requested) at any one time equal to such Revolving Credit LenderBank’s Revolving Credit Commitment minus such Revolving Credit LenderBank’s Commitment Percentage of the sum of the Maximum Drawing Amount and all Unpaid Reimbursement Obligations, provided that the sum of the outstanding aggregate amount of all the Revolving Credit Loans (after giving effect to all amounts requested) plus the Maximum Drawing Amount and all Unpaid Reimbursement Obligations shall not at any time exceed the lesser of (i) the Total Commitment at such time and (ii) the Borrowing Base at such time, provided, further, notwithstanding the foregoing proviso, to the extent the Borrower is requesting a Revolving Credit Loan to fund all or a portion of a Permitted Acquisition, then the sum of the outstanding amount of the Revolving Credit Loans (after giving effect to all amounts requested) plus the Maximum Drawing Amount and all Unpaid Reimbursement Obligations shall not at any time exceed the lesser of (i) the Total Commitment at such time and (ii) the Borrowing Base at such time plus the Overadvance Amount at such time. The Revolving Credit Loans shall be made pro rata in accordance with each Revolving Credit LenderBank’s Commitment Percentage of the Total Revolving Credit CommitmentPercentage. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower that the conditions set forth in §12 11 and §1312, in the case of the initial Revolving Credit Loans to be made on the Funding Closing Date, and §1312, in the case of all other Revolving Credit Loans, have been satisfied on the date of such request.
Appears in 1 contract
Commitment to Lend. Subject to the terms and conditions set forth ------------------ in this Credit Agreement, each of the Revolving Credit Lenders severally agrees to lend to the Borrower Domestic Borrowers, and the Borrower Domestic Borrowers may borrow, repay, borrow and reborrow from time to time from the Funding Effective Date up to but not including until the Revolving Credit Maturity Date Date, upon notice by the Borrower to the Administrative Managing Agent given in accordance with §2.6(S)2.3 hereof, such sums in Dollars as are requested by the Borrower Domestic Borrowers up to a maximum aggregate principal amount outstanding (after giving effect to all amounts requested) at any one time equal to such Revolving Credit Lender’s Revolving Credit Commitment minus such Revolving Credit Lender’s 's Commitment Percentage of the sum Revolving Credit Commitment. In no event shall (a) the aggregate principal outstanding balance of the Maximum Drawing Amount and all Unpaid Reimbursement Obligations, provided that the sum of the outstanding aggregate amount of all Revolving Credit Loans (after giving effect to all amounts requested) plus the Maximum Drawing Amount and of all Unpaid Reimbursement Obligations shall not Domestic L/Cs exceed at any one time the Revolving Credit Commitment, (b) any Lender be obligated to fund or maintain Revolving Credit Loans and participate in Domestic L/Cs in excess of such Lender's Commitment Percentage of the Revolving Credit Commitment, or (c) the aggregate outstanding principal balance of all Loans plus the Maximum Drawing Amount of all Letters of Credit exceed at any one time the Total Revolving Credit Commitment (in each case calculating all amounts denominated in Optional Currencies at such timetheir Dollar Equivalent). The Revolving Credit Loans shall be made pro rata in accordance with each Revolving Credit Lender’s 's Commitment Percentage of the Total Revolving Credit Commitment. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower that the conditions set forth in §12 and §13, in the case of the initial Revolving Credit Loans to be made on the Funding Date, and §13, in the case of all other Revolving Credit Loans, have been satisfied on the date of such requestPercentage.
Appears in 1 contract
Sources: Multicurrency Revolving Credit Agreement (United States Filter Corp)
Commitment to Lend. Subject to the terms and conditions set forth in this Credit Agreement, each amount of the such Lender's outstanding Revolving Credit Lenders severally agrees Loans, minus the ----- amount by which the Swing Line Loans outstanding at such time shall be deemed to lend have used such Lender's Revolving Commitment pursuant to (S)2.10 hereof, minus (without duplication) the Borrower and the Borrower may borrow, repay, and reborrow from time to time from the Funding Date up to but not including the sum of such Lender's Revolving Credit Maturity Date upon notice by the Borrower to the Administrative Agent given in accordance with §2.6, such sums as are requested by the Borrower up to a maximum aggregate amount outstanding (after giving effect to all amounts requested) at any one time equal to such Revolving Credit Lender’s Revolving Credit Commitment minus such Revolving Credit Lender’s ----- Commitment Percentage of the sum of the Maximum Drawing Amount of all outstanding Letters of Credit and all the Unpaid Reimbursement ObligationsObligations owing to such Lender, provided that (a) the sum of the outstanding aggregate amount of all the -------- Revolving Credit Loans (after giving effect to all amounts requested) plus ---- the outstanding amount of the Swing Line Loans plus the Maximum Drawing ---- Amount and all Unpaid Reimbursement Obligations with respect to all Letters of Credit shall not at any time exceed the Total Revolving Commitment, and (b) at all times the outstanding aggregate principal amount of all Revolving Credit Loans made by each Lender shall equal such Lender's Revolving Commitment at such timePercentage of the outstanding aggregate principal amount of all Revolving Credit Loans made pursuant to (S)2 hereof. The Revolving Credit Loans shall be made pro rata in accordance with each --- ---- Lender's Revolving Credit Lender’s Commitment Percentage of the Total Revolving Credit CommitmentPercentage. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower Company that the conditions set forth in §12 (S)12 and §13(S)13, in the case of the initial Revolving Credit Loans to be made on the Funding Closing Date, and §13(S)13, in the case of all other Revolving Credit Loans, have been satisfied on the date of such request.
Appears in 1 contract
Sources: Multicurrency Revolving Credit and Term Loan Agreement (Samsonite Holdings Inc)
Commitment to Lend. Subject to the terms and conditions set forth in this Credit Agreement, each of the Revolving Credit Lenders Banks severally agrees to lend to the Borrower Borrowers and the Borrower Borrowers may borrow, repay, and reborrow on a joint and several basis from time to time from the Funding Closing Date up to but not and including the Revolving Credit Loan Maturity Date upon notice by the Borrower Borrowers to the Administrative Agent given in accordance with §Section 2.6, such sums as are requested by the Borrower Borrowers up to a maximum aggregate amount outstanding Outstanding (after giving effect to all amounts requested) at any one time equal to such Bank's Revolving Credit Lender’s Commitment, minus such Bank's Revolving Credit Commitment minus such Revolving Credit Lender’s Commitment Percentage of the sum of the Maximum Drawing Amount and all Unpaid Reimbursement Obligations, Obligations provided that the sum Outstanding amount of the outstanding aggregate amount of all Revolving Credit Loans (after giving effect to all amounts requested) ), plus the Maximum Drawing Amount and Amount, plus all Unpaid Reimbursement Obligations shall not at any time exceed the Total Revolving Credit Commitment at such timeCommitment. The Revolving Credit Loans shall be made pro rata in accordance with each Bank's Revolving Credit Lender’s Commitment Percentage of the Total Revolving Credit CommitmentPercentage. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower that the conditions set forth in §Section 12 and §Section 13, in the case of the initial Revolving Credit Loans to be made on the Funding Closing Date, and §Section 13, in the case of all other Revolving Credit Loans, have been satisfied on the date of such request.
Appears in 1 contract
Sources: Revolving Credit and Term Loan Agreement (Dave & Busters Inc)
Commitment to Lend. Subject to the terms and conditions set forth in this Credit Agreement, each of the Revolving Credit Lenders severally agrees to lend to the Borrower and the Borrower may borrow, repay, and reborrow from time to time from the Funding Closing Date up to but not including the Revolving Credit Loan Maturity Date upon notice by the Borrower to the Administrative Agent given in accordance with §Section 2.6, such sums as are requested by the Borrower up to a maximum aggregate amount outstanding (after giving effect to all amounts requested) at any one time equal to such Revolving Credit Lender’s Revolving Credit 's Commitment minus MINUS such Revolving Credit Lender’s 's Commitment Percentage of the sum of the Maximum Drawing Amount and all Unpaid Reimbursement Obligations, provided PROVIDED that the sum of the outstanding aggregate amount of all the Revolving Credit Loans (after giving effect to all amounts requested) plus PLUS the Maximum Drawing Amount and all Unpaid Reimbursement Obligations shall not at any time exceed the Total Revolving Credit Commitment at such time. The Revolving Credit Loans shall be made pro rata PRO RATA in accordance with each Revolving Credit Lender’s 's Commitment Percentage of the Total Revolving Credit CommitmentPercentage. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower that the conditions set forth in §12 Section 11 and §13Section 12, in the case of the initial Revolving Credit Loans to be made on the Funding Closing Date, and §13Section 12, in the case of all other Revolving Credit Loans, have been satisfied on the date of such request.
Appears in 1 contract
Commitment to Lend. Subject to the terms and conditions set forth in this Credit Agreement, each of the Revolving Credit Lenders Banks severally agrees to lend to the Borrower Borrowers and the Borrower Borrowers may borrow, repay, and reborrow from time to time from the Funding Closing Date up to but not including the Revolving Credit Maturity Term Out Date upon notice by the Borrower Borrowers to the Administrative Agent given in accordance with §2.6ss.2.6, such sums as are requested by the Borrower Borrowers up to a maximum aggregate amount outstanding (after giving effect to all amounts requested) at any one time equal to such Revolving Credit Lender’s Revolving Credit Bank's Commitment minus such Revolving Credit Lender’s Bank's Commitment Percentage of the sum of the Maximum Drawing Amount and all Unpaid Reimbursement Obligations, provided that the sum of the outstanding aggregate amount of all the Revolving Credit Loans (after giving effect to all amounts requested) plus the Maximum Drawing Amount and all Unpaid Reimbursement Obligations shall not at any time exceed the lesser of (a) the Total Revolving Credit Commitment at such timeand (b)(i) the Borrowing Base plus (ii) the Applicable Overadvance Amount. The Revolving Credit Loans shall be made pro rata in accordance with each Revolving Credit Lender’s Bank's Commitment Percentage of the Total Revolving Credit CommitmentPercentage. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by each of the Borrower Borrowers that the conditions set forth in §12 ss.12 and §13ss.13, in the case of the initial Revolving Credit Loans to be made on the Funding Closing Date, and §13ss.13, in the case of all other Revolving Credit Loans, have been satisfied on the date of such request.
Appears in 1 contract
Sources: Revolving Credit and Term Loan Agreement (Morgan Group Inc)
Commitment to Lend. Subject to the terms and conditions set forth in this Credit Agreement, each of the Revolving Credit Lenders severally agrees to lend to the Borrower and the Borrower may borrow, repay, and reborrow from time to time from the Funding Closing Date up to but not including the Revolving Credit Loan Maturity Date upon notice by the Borrower to the Administrative Agent given in accordance with §2.6ss.2.6, such sums as are requested by the Borrower up to a maximum aggregate amount outstanding (after giving effect to all amounts requested) at any one time equal to such Revolving Credit Lender’s Revolving Credit 's Commitment minus MINUS such Revolving Credit Lender’s 's Commitment Percentage of the sum of the Maximum Drawing Amount and all Unpaid Reimbursement Obligations, provided PROVIDED that the sum of the outstanding aggregate amount of all the Revolving Credit Loans (after giving effect to all amounts requested) plus PLUS the Maximum Drawing Amount and all Unpaid Reimbursement Obligations shall not at any time exceed the Total Revolving Credit Commitment at such time. The Revolving Credit Loans shall be made pro rata PRO RATA in accordance with each Revolving Credit Lender’s 's Commitment Percentage of the Total Revolving Credit CommitmentPercentage. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower that the conditions set forth in §12 ss.11 and §13ss.12, in the case of the initial Revolving Credit Loans to be made on the Funding Closing Date, and §13ss.12, in the case of all other Revolving Credit Loans, have been satisfied on the date of such request.
Appears in 1 contract
Commitment to Lend. Subject to the terms and conditions set forth in ------------------ this Credit Agreement, each of the Revolving Credit Lenders Banks severally agrees to lend to the Borrower and the Borrower may borrow, repay, and reborrow from time to time from the Funding Closing Date up to but not including the Revolving Credit Loan Maturity Date upon notice by the Borrower to the Administrative Agent given in accordance with §2.6(S)2.6, such sums as are requested by the Borrower up to a maximum aggregate amount outstanding (after giving effect to all amounts requested) at any one time equal to such Revolving Credit Lender’s Bank's Revolving Credit Commitment minus such Revolving Credit Lender’s Bank's Commitment Percentage of the sum of the Maximum Drawing Amount ----- and all Unpaid Reimbursement Obligations, provided that the sum of the -------- outstanding aggregate amount of all the Revolving Credit Loans (after giving effect to all amounts requested) plus the Maximum Drawing Amount and all Unpaid Reimbursement ---- Obligations shall not at any time exceed the Total Revolving Credit Commitment at such timeCommitment. The Revolving Credit Loans shall be made pro rata in accordance with each Revolving Credit Lender’s Bank's --- ---- Commitment Percentage of the Total Revolving Credit CommitmentPercentage. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower that the conditions set forth in §12 (S)13 and §13(S)14, in the case of the initial Revolving Credit Loans to be made on the Funding Closing Date, and §13(S)14, in the case of all other Revolving Credit Loans, have been satisfied on the date of such request.
Appears in 1 contract
Sources: Revolving Credit and Term Loan Agreement (Chart House Enterprises Inc)
Commitment to Lend. Subject to the terms and conditions set forth in this Credit Agreement, each of the Revolving Credit Lenders severally agrees to lend to the Borrower Borrowers, or either of them, and the Borrower Borrowers, or either of them, may borrow, repay, and reborrow from time to time from between the Funding Closing Date up to but not including and the Revolving Credit Maturity Date upon notice by the Borrower Borrowers, or either of them, to the Administrative Agent given in accordance with §Section 2.6, such sums as are requested by the Borrower Borrowers, or either of them, up to a maximum aggregate amount outstanding (after giving effect to all amounts requested) at any one time equal to such Revolving Credit Lender’s Revolving Credit 's Commitment minus such Revolving Credit Lender’s 's Commitment Percentage of the sum of the Maximum Drawing Amount and all Unpaid Reimbursement Obligations, provided that the sum of the outstanding aggregate amount of all Revolving Credit the Loans (after giving effect to all amounts requested) plus the Maximum Drawing Amount and all Unpaid Reimbursement Obligations shall not at any time exceed the lesser of (i) the Total Revolving Credit Commitment at such timeand (ii) the Borrowing Base. The Revolving Credit Loans shall be made pro rata in accordance with each Revolving Credit Lender’s 's Commitment Percentage of the Total Revolving Credit CommitmentPercentage. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower Borrowers that the conditions set forth in §12 Section 11 and §13Section 12, in the case of the initial Revolving Credit Loans to be made on the Funding Closing Date, and §13Section 12, in the case of all other Revolving Credit Loans, have been satisfied on the date of such request.
Appears in 1 contract
Commitment to Lend. Subject to the terms and conditions set forth in this Credit Agreement, each of the Revolving Credit Lenders Banks severally agrees to lend to the Borrower and the Borrower may borrow, repay, and reborrow from time to time from between the Funding Closing Date up to but not including and the Revolving Credit Tranche A Maturity Date upon notice by the Borrower to the Administrative Agent given in accordance with §2.6Section 2.4 hereof, such sums as are requested by the Borrower up to a maximum aggregate principal amount outstanding (after giving effect to all amounts requested) at any one time equal to such Revolving Credit Lender’s Revolving Credit the Tranche A Commitment Amount minus such Revolving Credit Lender’s Commitment Percentage of the sum of (a) the Maximum Drawing Amount and plus (b) all Unpaid Reimbursement Obligations; provided that, provided that with respect to each Bank, the sum outstanding amount of the outstanding aggregate amount of all Revolving Credit Tranche A Loans (after giving effect to all amounts requested) made by such Bank plus such Bank's Commitment Percentage of the sum of the Maximum Drawing Amount and all Unpaid Reimbursement Obligations shall not at any time exceed such Bank's Commitment Percentage of the Total Revolving Credit Tranche A Commitment at such timeAmount. The Revolving Credit Tranche A Loans shall be made by each Bank pro rata in accordance with each Revolving Credit Lender’s Bank's applicable Commitment Percentage in respect of the Total Revolving Credit Commitment. Tranche A. Each request for a Revolving Credit Tranche A Loan hereunder shall constitute a representation and warranty by the Borrower that the conditions set forth in §Sections 12 and §13, in the case of the initial Revolving Credit Loans to be made on the Funding DateTranche A Loans, and §Section 13, in the case of all other Revolving Credit Tranche A Loans, have been satisfied on the date of such request.
Appears in 1 contract
Sources: Revolving Credit and Term Loan Agreement (Emmis Communications Corp)
Commitment to Lend. Subject to the terms and conditions set forth in this Credit Agreement, each of the Revolving Credit Lenders Banks severally agrees to lend to the Borrower and the Borrower may borrow, repay, and reborrow from time to time from between the Funding Closing Date and up to but not including the Revolving Credit Loan Maturity Date upon notice by the Borrower to the Administrative Agent given in accordance with §2.6ss.2.6 hereof, such sums as are requested by the Borrower up to a maximum aggregate amount outstanding (after giving effect to all amounts requested) at any one time equal to such Revolving Credit Lender’s Revolving Credit Bank's Commitment minus MINUS such Revolving Credit Lender’s Bank's Commitment Percentage of the sum of the Maximum Drawing Amount and all Unpaid Reimbursement Obligations, provided PROVIDED that the sum of the outstanding aggregate amount of all the Revolving Credit Loans (after giving effect to all amounts requested) plus PLUS the Maximum Drawing Amount and all Unpaid Reimbursement Obligations shall not at any time exceed the Total Revolving Credit Commitment at such timeCommitment. The Revolving Credit Loans shall be made pro rata PRO RATA in accordance with each Revolving Credit Lender’s Bank's Commitment Percentage of the Total Revolving Credit CommitmentPercentage. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower that the conditions set forth in §ss.ss.11 and 12 and §13hereof, in the case of the initial Revolving Credit Loans to be made on the Funding Datemade, and §13ss.12, in the case of all other Revolving Credit LoansLoans thereafter, have been satisfied on the date of such request.
Appears in 1 contract
Commitment to Lend. Subject to the terms and conditions set forth in this Credit Agreement, each of the Revolving Credit Lenders Banks severally agrees to lend to the any Revolver Borrower and the any Revolver Borrower may borrow, repay, and reborrow from time to time from between the Funding Closing Date up to but not including and the Revolving Credit Loan Maturity Date upon notice by the such Revolver Borrower to the Administrative Agent given in accordance with §2.6ss.2.6, such sums sums, in Dollars and/or at any Revolver Borrower's option from time to time, subject to ss.2.9 hereof, in an Optional Currency, as are requested by the any Revolver Borrower up to a maximum aggregate amount outstanding (after giving effect to all amounts requested) at any one time equal to such Revolving Credit Lender’s Revolving Credit Bank's Commitment minus such Revolving Credit Lender’s Bank's Commitment Percentage of the sum of the Maximum Drawing Amount and Amount, all Unpaid Reimbursement ObligationsObligations and the Total Overdraft Usage, provided that the Dollar Equivalent of the sum of the outstanding aggregate amount of all the Revolving Credit Loans (after giving effect to all amounts requested) ), including the Total Overdraft Usage, plus the Maximum Drawing Amount and all Unpaid Reimbursement Obligations shall not at any time exceed the lesser of the (i) Total Commitment and (ii) the Borrowing Base; provided, further, that the Dollar Equivalent of the sum of the outstanding amount of the Revolving Credit Commitment Loans outstanding to the UK Borrowers (after giving effect to all amounts requested), including the Total Overdraft Usage, plus the Maximum Drawing Amounts and Unpaid Reimbursement Obligations applicable to Letters of Credit issued for the account of the UK Borrowers shall not at such timeany time exceed $25,000,000 (the "UK Borrower Sublimit"). The Except as expressly provided otherwise in ss.2.10, the Revolving Credit Loans shall be made pro rata in accordance with each Revolving Credit Lender’s Bank's Commitment Percentage of the Total Revolving Credit CommitmentPercentage. Each request for a Revolving Credit Loan and each utilization of the Overdraft Facility hereunder shall constitute a representation and warranty by the Borrower Borrowers that the conditions set forth in §12 ss.13 and §13ss.14, in the case of the initial Revolving Credit Loans to be made made, and the utilizations of the Overdraft Facility, on the Funding Closing Date, and §13ss.14, in the case of all other Revolving Credit LoansLoans and utilizations of the Overdraft Facility, have been satisfied on the date of such request. Each Base Rate Loan shall be denominated in Dollars, and each Eurocurrency Rate Loan shall be denominated in Dollars or, subject to ss.2.9 hereof, in an Optional Currency.
Appears in 1 contract
Sources: Revolving Credit and Term Loan Agreement (Genrad Inc)
Commitment to Lend. Subject to the terms and conditions set forth in this Credit Agreement, each of the Revolving Credit Lenders Banks severally agrees to lend to the Borrower and the Borrower may borrow, repay, and reborrow from time to time from between the Funding Date up to but not including date of this Credit Agreement and the Revolving Credit Maturity Date upon notice by the Borrower to the Administrative Agent given in accordance with §2.6, Section 2.5 such sums as are may be requested by the Borrower up to a maximum aggregate principal amount outstanding (after giving effect to all amounts Loans then being requested) at any one time equal to such Revolving Credit Lender’s Revolving Credit Bank's Commitment minus such Revolving Credit Lender’s Bank's Commitment Percentage of the sum of the Maximum Drawing Amount and all Unpaid Reimbursement Obligations; PROVIDED THAT (i) subject to Section 2.7 hereof, provided that such borrowings up to a maximum aggregate principal amount outstanding (after giving effect to all Loans then being requested) at any one time equal to a Dollar Equivalent of $100,000,000 may be requested by the Borrower to be made in Euros, (ii) all other borrowings shall be in Dollars, and (iii) the sum of the Dollar Equivalent of the outstanding aggregate amount of all Revolving Credit the Loans (after giving effect to all amounts Loans then being requested) plus the Maximum Drawing Amount and plus all Unpaid Reimbursement Obligations shall not at any time exceed the Total Revolving Credit Commitment at such timeCommitment. The Revolving Credit Loans shall be made pro rata PRO RATA in accordance with each Revolving Credit Lender’s Bank's Commitment Percentage of the Total Revolving Credit CommitmentPercentage. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower that the conditions set forth in §12 Section 8 and §13Section 9, in the case of the initial Revolving Credit Loans to be made on the Funding Closing Date, and §13Section 9, in the case of all other Revolving Credit Loans, have been satisfied on the date of such request. Each Base Rate Loan shall be denominated in Dollars, and each Eurocurrency Rate Loan shall be denominated in Dollars or, subject to Section 2.7 hereof, in Euros.
Appears in 1 contract
Sources: Revolving Credit Agreement (Telephone & Data Systems Inc /De/)
Commitment to Lend. Subject to (a) Upon the terms and subject to the conditions set forth in of this Credit Agreement, each of the Revolving Credit Lenders severally Bank agrees to lend to the Borrower and such sums that the Borrower may borrowrequest, repay, and reborrow from time to time from the Funding Date up to date hereof until but not including the Revolving Credit Loan Maturity Date upon notice by the Borrower to the Administrative Agent given in accordance with §2.6Date, such sums as are requested by the Borrower up to a maximum aggregate amount outstanding (after giving effect to all amounts requested) at any one time equal to such Revolving Credit Lender’s Revolving Credit Commitment minus such Revolving Credit Lender’s Commitment Percentage of the sum of the Maximum Drawing Amount and all Unpaid Reimbursement Obligations, provided PROVIDED that the sum of the outstanding aggregate principal amount of all Revolving Credit Loans (after giving effect to all amounts requested) plus shall not exceed the lesser of (i) the Commitment MINUS the sum of the Maximum Drawing Amount and all Unpaid Reimbursement Obligations shall not at any time exceed and (ii) the Total Revolving Credit Commitment at such timeBorrowing Base. The Revolving Credit Loans shall be made pro rata in accordance with each Revolving Credit Lender’s Commitment Percentage the minimum aggregate amount of $100,000 or an integral multiple thereof.
(b) The Borrower shall notify the Bank in writing or telephonically not later than 12:00 p.m. Boston time on the day of the Total Revolving Credit Commitment. Each request for Drawdown Date (which must be a Business Day) of the Revolving Credit Loan hereunder shall constitute being requested, of the principal amount of such Revolving Credit Loan (a representation "Loan Request"). Subject to the foregoing, so long as the Commitment is then in effect and warranty by the Borrower that the applicable conditions set forth in §12 and §13ss.8 hereof have been met, the Bank shall advance the amount requested to the Borrower's bank account at the Bank in immediately available funds not later than the case close of business on such Drawdown Date.
(c) Notwithstanding the initial notice requirement set forth above in this ss.2.1, the Bank agrees to make Revolving Credit Loans to be made on the Funding Date, and §13, in Borrower sufficient to pay to the case of all other Revolving Credit Loans, have been satisfied Bank any Unpaid Reimbursement Obligations on the date of on which such request.Reimbursement Obligations become
Appears in 1 contract
Commitment to Lend. Subject to the terms and conditions set forth in this Credit Agreement, each of the Revolving Credit Lenders severally agrees to lend to the Borrower and the Borrower may borrow, repay, and reborrow from time to time from the Funding Closing Date up to but not including until the Revolving Credit Loan Maturity Date upon notice by the Borrower to the Administrative Agent given in accordance with §2.6, such sums as are requested by the Borrower up to a maximum aggregate amount outstanding (after giving effect to all amounts requested) at any one time equal to such Revolving Credit Lender’s Revolving Credit Commitment minus such Revolving Credit Lender’s Commitment Percentage of (i) the sum of the Maximum Drawing Amount and all Unpaid Reimbursement ObligationsObligations plus (ii) the outstanding amount of Swing Line Loans, provided that the sum of the outstanding aggregate amount of all the Revolving Credit Loans (after giving effect to all amounts requested) plus the Maximum Drawing Amount and all Unpaid Reimbursement Obligations plus the outstanding amount of Swing Line Loans shall not at any time exceed the lesser of (i) the Total Revolving Credit Commitment at such time and (ii) the Borrowing Base at such time. The Revolving Credit Loans shall be made pro rata in accordance with each Revolving Credit Lender’s Commitment Percentage of the Total Revolving Credit CommitmentPercentage. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower that the conditions set forth in §12 11 and §1312, in the case of the initial Revolving Credit Loans to be made on the Funding Closing Date, and §1312, in the case of all other Revolving Credit Loans, have been satisfied on the date of such request.
Appears in 1 contract
Commitment to Lend. Subject to the terms and conditions set forth in this Credit Agreement, each of the Revolving Credit Lenders Banks severally agrees to lend to the Borrower and the Borrower may borrow, repay, and reborrow from time to time from the Funding Closing Date up to but not including the Revolving Credit Maturity Date upon notice by the Borrower to the Administrative Agent given in accordance with §Section 2.6, such sums in Dollars and/or at the Borrower's option and subject to Section 2.9, in an Optional Currency, as are requested by the Borrower up to a maximum aggregate amount outstanding (after giving effect to all amounts requested) at any one time equal to such Revolving Credit Lender’s Revolving Credit Bank's Commitment minus the product of such Revolving Credit Lender’s Bank's Commitment Percentage of the sum of (a) the Maximum Drawing Amount and (b) all Unpaid Reimbursement Obligations, provided that the sum of the Dollar Equivalents of the outstanding aggregate amount amounts of all Revolving Credit the Loans (after giving effect to all amounts requested) plus the Maximum Drawing Amount and all Unpaid Reimbursement Obligations shall not at any time exceed the Total Revolving Credit Commitment at such timeCommitment. The Revolving Credit Loans shall be made pro rata in accordance with each Revolving Credit Lender’s Bank's Commitment Percentage of the Total Revolving Credit CommitmentPercentage. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower that the conditions set forth in §12 Section 10 and §13Section 11, in the case of the initial Revolving Credit Loans to be made on the Funding Closing Date, and §13Section 11, in the case of all other Revolving Credit Loans, have been satisfied on the date of such request. Each Eurocurrency Rate Loan made to the Borrower hereunder shall be denominated in Dollars, or, subject to Section 2.9 hereof, in an Optional Currency.
Appears in 1 contract
Sources: Multicurrency Revolving Credit Agreement (Rogers Corp)
Commitment to Lend. Subject to the terms and conditions set forth in this Credit Agreement, each of the Revolving Credit Lenders severally agrees to lend to the Borrower and the Borrower may borrow, repay, and reborrow from time to time from the Funding Date up to but not including the Revolving Credit Loan Maturity Date upon notice by the Borrower to the Administrative Agent given in accordance with §2.6, such sums as are requested by the Borrower up to a maximum aggregate amount outstanding (after giving effect to all amounts requested) at any one time equal to such Revolving Credit Lender’s Revolving Credit Commitment minus such Revolving Credit Lender’s Commitment Percentage of the sum of the Maximum Drawing Amount and all Unpaid Reimbursement Obligations, provided that the sum of the outstanding aggregate amount of all Revolving Credit Loans (after giving effect to all amounts requested) plus the Maximum Drawing Amount and all Unpaid Reimbursement Obligations shall not at any time exceed the Total Revolving Credit Commitment at such time. The Revolving Credit Loans shall be made pro rata in accordance with each Revolving Credit Lender’s Commitment Percentage of the Total Revolving Credit Commitment. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower that the conditions set forth in §12 and §13, in the case of the initial Revolving Credit Loans to be made on the Funding Date, and §13, in the case of all other Revolving Credit Loans, have been satisfied on the date of such request.
Appears in 1 contract
Sources: Revolving Credit and Term Loan Agreement (Emmis Operating Co)
Commitment to Lend. Subject to the terms and conditions set forth in this Credit Agreement, each of the Revolving Credit Lenders severally agrees to lend to the Borrower and the Borrower may borrow, repay, and reborrow from time to time from the Funding Closing Date up to but not including the Revolving Credit Loan Maturity Date upon notice by the Borrower to the Administrative Agent given in accordance with §Section 2.6, such sums as are requested by the Borrower up to a maximum aggregate amount outstanding (after giving effect to all amounts requested) at any one time equal to such Revolving Credit Lender’s Revolving Credit 's Commitment minus such Revolving Credit Lender’s 's Commitment Percentage of the sum of the Maximum Drawing Amount and all Unpaid Reimbursement Obligations, provided that the sum of the outstanding aggregate amount of all the Revolving Credit Loans (after giving effect to all amounts requested) plus the Maximum Drawing Amount and all Unpaid Reimbursement Obligations shall not at any time exceed the Total Revolving Credit Commitment at such time. The Revolving Credit Loans shall be made pro rata in accordance with each Revolving Credit Lender’s 's Commitment Percentage of the Total Revolving Credit CommitmentPercentage. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower that the conditions set forth in §Section 12 and §Section 13, in the case of the initial Revolving Credit Loans to be made on the Funding Closing Date, and §Section 13, in the case of all other Revolving Credit Loans, have been satisfied on the date of such request.
Appears in 1 contract
Sources: Revolving Credit and Term Loan Agreement (Il Fornaio America Corp)
Commitment to Lend. Subject to the terms and conditions ------------------- set forth in this Credit Agreement, each of the Revolving Credit Lenders severally agrees to lend to the Borrower and the Borrower may borrow, repay, and reborrow from time to time from between the Funding Date up to but not including date of this Credit Agreement and the Revolving Credit Maturity Date upon notice by the Borrower to the Administrative Agent given in accordance with §2.6, Section 2.5 such sums as are may be requested by the Borrower up to a maximum aggregate principal amount outstanding (after giving effect to all amounts Loans then being requested) at any one time equal to such Revolving Credit Lender’s Revolving Credit 's Commitment minus such Revolving Credit Lender’s 's Commitment Percentage of the sum of the Maximum Drawing Amount and all Unpaid Reimbursement Obligations, ; provided that the sum of the outstanding aggregate amount of all Revolving Credit the Loans (after giving effect to all amounts Loans then being requested) plus the Maximum Drawing Amount and plus all Unpaid Reimbursement Obligations shall not at any time exceed the Total Revolving Credit Commitment at such timeCommitment. The Revolving Credit Loans shall be made pro rata in accordance with each Revolving Credit Lender’s 's Commitment Percentage of the Total Revolving Credit CommitmentPercentage. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower that the conditions set forth in §12 Section 9 and §13Section 10, in the case of the initial Revolving Credit Loans to be made on the Funding Closing Date, and §13Section 10, in the case of all other Revolving Credit Loans, have been satisfied on the date of such request. Each Loan shall be denominated in Dollars.
Appears in 1 contract
Sources: Revolving Credit Agreement (United States Cellular Corp)
Commitment to Lend. Subject to the terms and conditions set forth in this Credit Agreement, each of the Revolving Credit Lenders Banks severally agrees to lend to the Borrower and the Borrower may borrow, repay, and reborrow from time to time from between the Funding Closing Date up to but not including and the Revolving Credit Maturity Date upon notice by the Borrower to the Administrative Agent given in accordance with §Section 2.6, such sums as are requested by the Borrower up to a maximum aggregate amount outstanding (after giving effect to all amounts requested) at any one time equal to such Revolving Credit Lender’s Revolving Credit Bank's Commitment minus such Revolving Credit Lender’s Bank's Commitment Percentage of the sum of the Maximum Drawing Amount and all Unpaid Reimbursement ObligationsObligations and such Bank's Commitment Percentage of any then-outstanding Swingline Loans, provided that the sum of the outstanding aggregate amount of all the Revolving Credit Loans (after giving effect to all amounts requested) plus the Maximum Drawing Amount Amount, the then-outstanding amount of any Swingline Loans, and all Unpaid Reimbursement Obligations shall not at any time exceed the Total Revolving Credit Commitment at such timeCommitment. The Revolving Credit Loans shall be made pro rata in accordance with each Revolving Credit Lender’s Bank's Commitment Percentage of the Total Revolving Credit CommitmentPercentage. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower that the conditions set forth in §Section 12 and §13, in the case of the initial Revolving Credit Loans to be made on the Funding Date, and §13, in the case of all other Revolving Credit Loans, have been satisfied on the date of such request.
Appears in 1 contract
Commitment to Lend. Subject to the terms and conditions set forth in this Credit Agreement, each of the Revolving Credit Lenders severally agrees (i) on the Closing Date, to convert the revolving credit loans outstanding and owed under the Prior Credit Agreement into Revolving Credit Loans under this Credit Agreement and (ii) to lend to the Borrower Borrowers and the Borrower Borrowers may borrow, repay, and reborrow from time to time from the Funding Closing Date up to but not including the Revolving Credit Maturity Date Date, upon notice by the Borrower Borrowers to the Administrative Agent given in accordance with §SECTION 2.6, such sums its Commitment Percentage of the Revolving Credit Loans as are requested by the Borrower up to a maximum aggregate amount outstanding (after giving effect to all amounts requested) at any one time equal to such Revolving Credit Lender’s Revolving Credit Commitment minus such Revolving Credit Lender’s Commitment Percentage Parent on behalf of the sum of the Maximum Drawing Amount and all Unpaid Reimbursement ObligationsBorrowers, provided that the sum of PROVIDED THAT the outstanding aggregate amount of all Revolving Credit Loans (after giving effect to all amounts requested) plus ), Swing Line Loans, unpaid Reimbursement Obligations, and the Maximum Drawing Amount and all Unpaid Reimbursement Obligations shall not exceed a maximum aggregate amount outstanding of $260,000,000 at any time exceed time, as such amount may be reduced or increased, as the case may be, pursuant to SECTION 2.2 hereof (the "Total Revolving Credit Commitment at such timeCommitment"). The Revolving Credit Loans shall be made pro rata PRO RATA in accordance with each Revolving Credit Lender’s 's Commitment Percentage of the Total Revolving Credit CommitmentPercentage. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower Borrowers that the conditions set forth in §12 SECTION 10 and §13SECTION 11, in as the case of the initial Revolving Credit Loans to be made on the Funding Date, and §13, in the case of all other Revolving Credit Loansmay be, have been satisfied on the date of such request.
Appears in 1 contract
Sources: Revolving Credit and Term Loan Agreement (Nationsrent Inc)
Commitment to Lend. Subject to the terms and conditions set forth in this Credit Agreement, each of the Revolving Credit Lenders Banks severally agrees to lend to the Borrower and the Borrower may borrow, repay, and reborrow from time to time from the Funding Closing Date up to but not including the Revolving Credit Loan Maturity Date upon notice by the Borrower to the Administrative Agent given in accordance with §2.6ss.2.6, such sums as are requested by the Borrower up to a maximum aggregate amount outstanding (after giving effect to all amounts requested) at any one time equal to such Revolving Credit Lender’s Revolving Credit Bank's Commitment minus such Revolving Credit Lender’s Bank's Commitment Percentage of the sum of the Maximum Drawing Amount and all Unpaid Reimbursement Obligations, provided that the sum of the outstanding aggregate amount of all the Revolving Credit Loans (after giving effect to all amounts requested) plus the Maximum Drawing Amount and all Unpaid Reimbursement Obligations shall not at any time exceed the Total Commitment and, provided further, that the sum of the outstanding amount of the Revolving Credit Commitment Loans (after giving effect to all amounts requested) plus the Maximum Drawing Amount and all Unpaid Reimbursement Obligations shall not at such timeany time exceed the Guaranteed Credit Agreement Outstandings. The Revolving Credit Loans shall be made pro rata in accordance with each Revolving Credit Lender’s Bank's Commitment Percentage of the Total Revolving Credit CommitmentPercentage. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower that the conditions set forth in §12 ss.11 and §13ss.12, in the case of the initial Revolving Credit Loans to be made on the Funding Closing Date, and §13ss.12, in the case of all other Revolving Credit Loans, have been satisfied on the date of such request.
Appears in 1 contract
Commitment to Lend. Subject to the terms and conditions set forth in this Credit Agreement, each of the Revolving Credit Lenders severally agrees to lend to the Borrower and the Borrower may borrow, repay, and reborrow from time to time from the Funding Date up to but not including the Revolving Credit Loan Maturity Date upon notice by the Borrower to the Administrative Agent given in accordance with §2.6ss.2.6, such sums as are requested by the Borrower up to a maximum aggregate amount outstanding (after giving effect to all amounts requested) at any one time equal to such Revolving Credit Lender’s 's Revolving Credit Commitment minus such Revolving Credit Lender’s 's Commitment Percentage of the sum of the Maximum Drawing Amount and all Unpaid Reimbursement Obligations, provided that the sum of the outstanding aggregate amount of all Revolving Credit Loans (after giving effect to all amounts requested) plus the Maximum Drawing Amount and all Unpaid Reimbursement Obligations shall not at any time exceed the Total Revolving Credit Commitment at such time. The Revolving Credit Loans shall be made pro rata in accordance with each Revolving Credit Lender’s 's Commitment Percentage of the Total Revolving Credit Commitment. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower that the conditions set forth in §12 ss.13 and §13ss.14, in the case of the initial Revolving Credit Loans to be made on the Funding Date, and §13ss.14, in the case of all other Revolving Credit Loans, have been satisfied on the date of such request.
Appears in 1 contract
Sources: Revolving Credit and Term Loan Agreement (Emmis Communications Corp)
Commitment to Lend. Subject to the terms and conditions set forth in this Credit Agreement, each of the Revolving Credit Lenders severally agrees to lend to the Borrower Borrowers and the Borrower Borrowers may borrow, repay, and reborrow from time to time from the Funding Initial Closing Date up to but not including the Revolving Credit Loan Maturity Date upon notice by the Borrower Borrowers to the Administrative Agent given in accordance with §2.6ss.2.6, such sums as are requested by the Borrower Borrowers up to a maximum aggregate amount outstanding (after giving effect to all amounts requested) at any one time equal to such Revolving Credit Lender’s 's Revolving Credit Commitment minus such Revolving Credit Lender’s 's Commitment Percentage of the sum all Letter of the Maximum Drawing Amount and all Unpaid Reimbursement ObligationsCredit Exposure, provided that the sum of the outstanding aggregate amount of all the Revolving Credit Loans (after giving effect to all amounts requested) plus the Maximum Drawing Amount and all Unpaid Reimbursement Obligations Letter of Credit Exposure shall not at any time exceed the lesser of (i) the Total Revolving Credit Commitment at such timeand (ii) the Borrowing Base. The Revolving Credit Loans shall be made pro rata in accordance with each Revolving Credit Lender’s 's Commitment Percentage of the Total Revolving Credit CommitmentPercentage. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower Borrowers that the conditions set forth in §12 ss.12 and §13ss.14, in the case of the initial Revolving Credit Loans to be made on the Funding Initial Closing Date, and §13ss.14, in the case of all other Revolving Credit Loans, have been satisfied on the date of such request.
Appears in 1 contract
Sources: Revolving Credit and Term Loan Agreement (Century Aluminum Co)
Commitment to Lend. Subject to the provisions of §2.4 and the other terms and conditions set forth in this Credit Agreement, each of the Revolving Credit Lenders severally agrees to lend to the Borrower Borrower, and the Borrower may borrow, repay, and reborrow from each Lender from time to time from between the Funding Closing Date up to but not including and the Revolving Credit Maturity Date upon notice by the Borrower to the Administrative Agent (with copies to the Agent for each Lender) given in accordance with §2.62.4, such sums as are requested by the Borrower up to a maximum aggregate principal amount outstanding (after giving effect to all amounts requested) at any one time equal to such Revolving Credit Lender’s Revolving Credit 's Commitment minus minus, without double counting, an amount equal to such Revolving Credit Lender’s Commitment Percentage of multiplied by the sum of all Reimbursement Obligations to the extent not yet deemed Revolving Credit Loans and the Maximum Drawing Amount and all Unpaid Reimbursement Obligations, Amount; provided that the sum of the outstanding aggregate amount of all the Revolving Credit Loans (after giving effect to all amounts requested) ), plus the Maximum Drawing Amount and, without double counting the portion, if any, of any Letter of Credit which is drawn and included in the Revolving Credit Loans, all Unpaid outstanding Reimbursement Obligations Obligations, shall not at any time exceed the lesser of (i) the Total Revolving Credit Commitment and (ii) the Availability at such time, and provided, further, that at the time the Borrower requests a Revolving Credit Loan and after giving effect to the making thereof: (i) in the case of any borrowing or other extension of credit, all of the conditions in §13 (and in the case of the initial borrowing on the Closing Date or other date of initial borrowing, also the conditions in §12) have been met at the time of such request, and (ii) there has not occurred and is not continuing (or will not occur by reason thereof) any Default or Event of Default. The Revolving Credit Loans shall be made pro rata in accordance with each Revolving Credit Lender’s 's Commitment Percentage of the Total Revolving Credit CommitmentPercentage. Each request for a Revolving Credit Loan hereunder made pursuant to §2.4 shall constitute a representation and warranty by the Borrower that the conditions set forth in §12 and §13, in the case have been satisfied as of the Closing Date (or other date of initial Revolving Credit Loans to be made on borrowing) and that the Funding Date, and conditions set forth in §13, in the case of all other Revolving Credit Loans, 13 have been satisfied on the date of such requestrequest and will be satisfied on the proposed Drawdown Date of the requested Loan or issuance of Letter of Credit, as the case may be, provided that the making of such representation and warranty by the Borrower shall not limit the right of any Lender not to lend if such conditions have not been met. No Revolving Credit Loan or other extension of credit shall be required to be made by any Lender unless all of the conditions contained in §12 have been satisfied as of the Closing Date (or other date of initial borrowing) with respect to the initial Revolving Credit Loan or issuance of Letter of Credit, and unless all of the conditions set forth in §13 have been satisfied at the time of any request for a Revolving Credit Loan or other extension of credit and on the Drawdown Date therefor.
Appears in 1 contract
Sources: Revolving Credit Agreement (Hartman Commercial Properties Reit)
Commitment to Lend. (a) Subject to the terms and conditions set forth in this Credit Agreement, the Lender shall make loans (each of the such loan, a “Revolving Credit Lenders severally agrees Loan” and collectively, the “Revolving Credit Loans”), from time to lend time, to the Borrower, on any Business Day, in such amounts as the Borrower may request and the Borrower may borrow, repay, and reborrow re-borrow, from time to time from time, between the Funding Date up to but not including date of this Agreement and the Revolving Credit Maturity Date Date, upon notice by the Borrower to the Administrative Agent Lender given in accordance with §2.6Section 2.02 of this Agreement, such sums as are requested by the Borrower up to a maximum aggregate principal amount outstanding (after giving effect to all amounts requested) at any one time equal to such the Revolving Credit Lender’s Revolving Credit Commitment minus such Revolving Credit Lender’s Commitment Percentage of the sum of the Maximum Drawing Amount and all Unpaid Reimbursement Obligations, provided that the sum of the outstanding aggregate amount of all Revolving Credit Loans (after giving effect to all amounts requested) plus the Maximum Drawing Amount and all Unpaid Reimbursement Obligations shall not at any time exceed the Total Revolving Credit Commitment at such time. The Revolving Credit Loans shall be made pro rata in accordance with each Revolving Credit Lender’s Commitment Percentage of the Total Revolving Credit Loan Commitment. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower that the conditions set forth in §12 and §13this Agreement, in the case of the initial applicable to such Revolving Credit Loans to be made on the Funding Date, and §13, in the case of all other Revolving Credit LoansLoan, have been satisfied or waived on the date of such request.
(b) The Lender may, from time to time, in its sole and absolute discretion, permit the outstanding principal balance of all Revolving Credit Loans to exceed the Revolving Credit Commitment. In such event, any time and from time to time, the Borrower shall immediately repay to the Lender such portion of the outstanding principal balance of all Revolving Credit Loans that exceeds the Revolving Credit Commitment or provide for other financial accommodations which equals the amount(s) by which the Revolving Credit Commitment has been exceeded. If the amount of the outstanding principal balance of all Revolving Credit Loans exceeds the Revolving Credit Commitment at any time, such excess shall also be subject to the terms of this Agreement.
Appears in 1 contract
Sources: Credit Agreement (Idt Corp)
Commitment to Lend. Subject to the terms and conditions set forth in this Credit Agreement, each of the Revolving Credit Lenders severally agrees to lend to the Borrower Borrowers and the Borrower Borrowers may borrow, repay, and reborrow from time to time from the Funding Closing Date up to but not including the Revolving Credit Loan Maturity Date upon notice by the Borrower Borrowers to the Administrative Agent given in accordance with §2.6ss.2.7, such sums as are requested by the Borrower Borrowers up to a maximum aggregate amount outstanding (after giving effect to all amounts requested) at any one time equal to such Revolving Credit Lender’s 's Revolving Credit Commitment minus such Revolving Credit Lender’s 's Revolving Credit Commitment Percentage of the sum of the Maximum Drawing Amount and all Unpaid Reimbursement Obligations, provided that the sum of the outstanding aggregate amount of all the Revolving Credit Loans (after giving effect to all amounts requested) plus the outstanding amount of the Swing Line Loans (after giving effect to all amounts requested) plus the Maximum Drawing Amount and all Unpaid Reimbursement Obligations shall not at any time exceed the Total Revolving Credit Commitment at such time. The Revolving Credit Loans shall be made pro rata in accordance with each Revolving Credit Lender’s Commitment Percentage of the Total 's Revolving Credit CommitmentCommitment Percentage. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower Borrowers that the conditions set forth in §12 ss.11 and §13ss.12, in the case of the initial Revolving Credit Loans to be made on the Funding Closing Date, and §13ss.12, in the case of all other Revolving Credit Loans, have been satisfied on the date of such request.
Appears in 1 contract
Sources: Revolving Credit and Term Loan Agreement (Iesi Corp)
Commitment to Lend. Subject to the terms and conditions set forth in this Credit Agreement, each of the Revolving Credit Lenders severally agrees to lend to the Borrower and the Borrower may borrow, repay, and reborrow from time to time from the Funding Closing Date up to but not including the Revolving Credit Maturity Date upon notice by the Borrower to the Administrative Agent given in accordance with §2.6, such sums as are requested by the Borrower up to a maximum aggregate amount outstanding (after giving effect to all amounts requested) at any one time equal to such Revolving Credit Lender’s Revolving Credit Commitment minus such Revolving Credit Lender’s Commitment Percentage of the sum of the Maximum Drawing Amount and all Unpaid Reimbursement Obligations, provided that the sum of the outstanding aggregate amount of all the Revolving Credit Loans (after giving effect to all amounts requested) plus Swing Line Loans plus the Maximum Drawing Amount and all Unpaid Reimbursement Obligations shall not at any time exceed the lesser of (i) the Total Revolving Credit Commitment at such time and (ii) the Borrowing Base at such time. The Commitment of each Lender pursuant to this Agreement shall come into effect on the Closing Date. The Revolving Credit Loans shall be made pro rata in accordance with each Revolving Credit Lender’s Commitment Percentage of the Total Revolving Credit CommitmentPercentage. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower that the conditions set forth in §12 11 and §1312, in the case of the initial Revolving Credit Loans to be made on the Funding Closing Date, and §1312, in the case of all other Revolving Credit Loans, have been satisfied on the date of such request.
Appears in 1 contract
Sources: Revolving Credit Agreement (SeaCube Container Leasing Ltd.)
Commitment to Lend. Subject to the terms and conditions set forth in this Credit Agreement, each of the Revolving Credit Lenders Banks severally agrees to lend to the Borrower and the Borrower may borrow, repay, and reborrow from time to time from the Funding Closing Date up to but not including the Revolving Credit Maturity Date upon notice by the Borrower to the Administrative Agent given in accordance with §2.6, such sums in Dollars and/or at the Borrower's option and subject to §2.9, in an Optional Currency, as are requested by the Borrower up to a maximum aggregate amount outstanding (after giving effect to all amounts requested) at any one time equal to such Revolving Credit Lender’s Revolving Credit Bank's Commitment minus the product of such Revolving Credit Lender’s Bank's Commitment Percentage of the sum of (a) the Maximum Drawing Amount and (b) all Unpaid Reimbursement Obligations, provided that the sum of the Dollar Equivalents of the outstanding aggregate amount amounts of all Revolving Credit the Loans (after giving effect to all amounts requested) plus the Maximum Drawing Amount and all Unpaid Reimbursement Obligations shall not at any time exceed the Total Revolving Credit Commitment at such timeCommitment. The Revolving Credit Loans shall be made pro rata prorata in accordance with each Revolving Credit Lender’s Bank's Commitment Percentage of the Total Revolving Credit CommitmentPercentage. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower that the conditions set forth in §12 10 and §1311, in the case of the initial Revolving Credit Loans to be made on the Funding Closing Date, and §1311, in the case of all other Revolving Credit Loans, have been satisfied on the date of such request. Each Eurocurrency Rate Loan made to the Borrower hereunder shall be denominated in Dollars, or, subject to §2.9 hereof, in an Optional Currency.
Appears in 1 contract
Sources: Multicurrency Revolving Credit Agreement (Rogers Corp)
Commitment to Lend. Subject to the terms and conditions set forth in this Credit Agreement, each of the Revolving Credit Lenders Banks severally agrees to lend to the Borrower and the Borrower may borrow, repay, and reborrow from time to time from the Funding Closing Date up to but not including the Revolving Credit Maturity Termination Date upon notice by the Borrower to the Administrative Agent given in accordance with §2.6ss.2.6, such sums as are requested by the Borrower up to a maximum aggregate amount outstanding (after giving effect to all amounts requested) at any one time equal to such Revolving Credit Lender’s Bank's Revolving Credit Commitment minus such Bank's Revolving Credit Lender’s Commitment Percentage of the sum of the Maximum Drawing Amount of all Letters of Credit and all Unpaid Reimbursement Obligations, provided that the sum of the outstanding aggregate amount of all the Revolving Credit Loans (after giving effect to all amounts requested) plus the Maximum Drawing Amount of all Letters of Credit and all Unpaid Reimbursement Obligations shall not at any time exceed the least of (i) the Total Revolving Credit Commitment in effect at such time, (ii) Adjusted Projected Revolver Outstandings at such time, and (iii) the amount approved to be borrowed by way of Revolving Credit Loans and Letters of Credit in the Interim Order or the Final Order, whichever is then in effect. The Revolving Credit Loans shall be made pro rata in accordance with each Bank's Revolving Credit Lender’s Commitment Percentage of the Total Revolving Credit CommitmentPercentage. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower that the conditions set forth in §12 ss.14 and §13ss.15, in the case of the initial Revolving Credit Loans to be made on the Funding Closing Date, and §13ss.15, in the case of all other Revolving Credit Loans, have been satisfied on the date of such request.
Appears in 1 contract
Sources: Debtor in Possession Revolving Credit and Term Loan Agreement (Hvide Marine Inc)
Commitment to Lend. Subject to the terms and conditions set forth in this Credit Agreement, each of the Revolving Credit Lenders severally severally, but not jointly, agrees to lend to the Borrower Borrowers, and the Borrower Borrowers may borrow, repay, and reborrow from time to time from the Funding Closing Date up to but not including the Revolving Credit Maturity Date Date, upon notice by the Borrower Borrowers to the Administrative Agent given in accordance with §2.62.5, such sums as are requested by the Borrower Borrowers up to a maximum aggregate amount outstanding (after giving effect to all amounts requested) at any one time equal to such Revolving Credit Lender’s Revolving Credit 's Commitment minus such Revolving Credit Lender’s 's Commitment Percentage of the sum of the Maximum Drawing Amount and all Unpaid Reimbursement Obligations, provided that the sum of the outstanding aggregate amount of all the Revolving Credit Loans (after giving effect to all amounts requested) plus the outstanding amount of the Swing Line Loans plus the Maximum Drawing Amount and all Unpaid Reimbursement Obligations shall not at any time exceed the Total Revolving Credit Commitment at such time. The Revolving Credit Loans shall be made pro rata in accordance with each Revolving Credit Lender’s 's Commitment Percentage of the Total Revolving Credit CommitmentPercentage. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower Borrowers that the conditions set forth in §12 10 and §1311, in as the case of the initial Revolving Credit Loans to be made on the Funding Date, and §13, in the case of all other Revolving Credit Loansmay be, have been satisfied on the date of such request.
Appears in 1 contract
Sources: Revolving Credit and Term Loan Agreement (Waste Connections Inc/De)
Commitment to Lend. Subject to the terms and conditions set forth in this Credit Agreement, each of the Revolving Credit Lenders Banks severally agrees to lend to the Borrower and the Borrower may borrow, repay, and reborrow from time to time from the Funding Closing Date up to but not including the Revolving Credit Loan Maturity Date upon notice by the Borrower to the Administrative Agent given in accordance with §2.6, such sums sums, in Dollars or at the Borrower’s option from time to time, subject to §2.9, in an Optional Currency, as are requested by the Borrower up to a maximum aggregate amount outstanding (after giving effect to all amounts requested) at any one time equal to such Revolving Credit LenderBank’s Revolving Credit Commitment minus such Revolving Credit LenderBank’s Commitment Percentage of the sum of the Maximum Drawing Amount and all Unpaid Reimbursement Obligations, provided that the Dollar Equivalent of the sum of the outstanding aggregate amount of all the Revolving Credit Loans (after giving effect to all amounts requested) plus the Maximum Drawing Amount and all Unpaid Reimbursement Obligations shall not at any time exceed the Total Revolving Credit Commitment at such timeCommitment. The Revolving Credit Loans shall be made pro rata in accordance with each Revolving Credit LenderBank’s Commitment Percentage of the Total Revolving Credit CommitmentPercentage. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower that the conditions set forth in §12 and §13, in the case of the initial Revolving Credit Loans to be made on the Funding Closing Date, and §13, in the case of all other Revolving Credit Loans, have been satisfied on the date of such request. Each Prime Rate Loan shall be denominated in Dollars, and each Eurocurrency Rate Loan shall be denominated in Dollars, or subject to §2.9, in an Optional Currency.
Appears in 1 contract
Commitment to Lend. Subject to the terms and conditions set forth in this Credit AgreementAgreement (including, but not limited to those requirements set forth in (S)2.6 below), each of the Revolving Credit Lenders Banks severally agrees to lend to the Borrower and the Borrower may borrow, repay, and reborrow from time to time from between the Funding Closing Date up to but not including and the Revolving Credit Loan Maturity Date upon notice by the Borrower to the Administrative Agent given in accordance with §2.6(S)2.6, such sums as are requested by the Borrower up to a maximum aggregate amount outstanding (after giving effect to all amounts requested) at any one time equal to such Revolving Credit Lender’s Revolving Credit Bank's Commitment minus such Revolving Credit Lender’s Bank's Commitment Percentage of the sum of the Maximum Drawing Amount and all Unpaid Reimbursement Obligations, provided that the sum of the outstanding aggregate amount of all the Revolving Credit Loans (after giving effect to all amounts requested) plus the Maximum Drawing Amount and all Unpaid Reimbursement Obligations shall not at any time exceed the Total Revolving Credit Commitment at such timeCommitment. The Revolving Credit Loans shall be made pro rata in accordance with each Revolving Credit Lender’s Bank's Commitment Percentage of the Total Revolving Credit CommitmentPercentage. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower that the conditions set forth in §12 (S)11 and §13(S)12, in the case of the initial Revolving Credit Loans to be made on the Funding Closing Date, and §13(S)12, in the case of all other Revolving Credit Loans, have been satisfied on the date of such request. Notwithstanding anything to the contrary contained herein, the Borrower shall only be permitted to borrow Revolving Credit Loans to finance any portion of a Permitted Acquisition during the period from the Closing Date until the third anniversary of the Closing Date.
Appears in 1 contract
Commitment to Lend. Subject to the terms and conditions set forth in ---------- -- ---- this Credit AgreementAgreement (including, but not limited to those requirements set forth in (S)2.6 below), each of the Revolving Credit Lenders Banks severally agrees to lend to the Borrower and the Borrower may borrow, repay, and reborrow from time to time from between the Funding Closing Date up to but not including and the Revolving Credit Loan Maturity Date upon notice by the Borrower to the Administrative Agent given in accordance with §2.6(S)2.6, such sums as are requested by the Borrower up to a maximum aggregate amount outstanding (after giving effect to all amounts requested) at any one time equal to such Revolving Credit Lender’s Revolving Credit Bank's Revolver Commitment minus such Revolving Credit Lender’s Bank's Revolver Commitment ----- Percentage of the sum of the Maximum Drawing Amount and all Unpaid Reimbursement Obligations, provided that the sum of the outstanding aggregate amount of all the Revolving Credit Loans (after giving effect to all amounts requested) plus the Maximum Drawing Amount and all Unpaid Reimbursement Obligations shall not at any time exceed the Total Revolving Credit Commitment at such timeRevolver Commitment. The Revolving Credit Loans shall be made pro rata in accordance with each Revolving Credit Lender’s Bank's Revolver Commitment Percentage of the Total Revolving Credit CommitmentPercentage. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower that the conditions set forth in §12 (S)11 and §13(S)12, in the case of the initial Revolving Credit Loans to be made on the Funding Closing Date, and §13(S)12, in the case of all other Revolving Credit Loans, have been satisfied on the date of such request.
Appears in 1 contract
Commitment to Lend. Subject to the terms and conditions set forth in this Credit Agreement, each of the Revolving Credit Lenders Banks severally agrees to lend to the Borrower and the Borrower may borrow, repay, and reborrow from time to time from between the Funding Closing Date up to but not including and the Revolving Credit Loan Maturity Date upon notice by the Borrower to the Administrative Agent given in accordance with §2.6, such sums as are requested by the Borrower up to a maximum aggregate amount outstanding from such Bank (after giving effect to all amounts requested) at any one time equal to such Bank's Commitment to make Revolving Credit Lender’s Revolving Credit Commitment Loans minus such Revolving Credit Lender’s Bank's Commitment Percentage of the sum of the Maximum Drawing Amount and all Unpaid Reimbursement ObligationsAmount, provided that the sum of the outstanding aggregate amount of all the Revolving Credit Loans (after giving effect to all amounts requested) plus the Maximum Drawing Amount and all Unpaid Reimbursement Obligations shall not at any time exceed the Total Revolving Credit Commitment at such time. The lesser of (a) the sum of the Bank's Commitments to make Revolving Credit Loans shall be made pro rata in accordance with each Revolving Credit Lender’s Commitment Percentage of and (b) the Total Revolving Credit CommitmentBorrowing Base. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower that the conditions set forth in §12 and §13, in the case of the initial Revolving Credit Loans to be made on the Funding Closing Date, and §13, in the case of all other Revolving Credit Loans, have been satisfied on the date of such request.
Appears in 1 contract
Sources: Revolving Credit and Term Loan Agreement (Arrow Automotive Industries Inc)
Commitment to Lend. Subject to the provisions of ss.2.4 and the other terms and conditions set forth in this Credit Agreement, each of the Revolving Credit Lenders Banks severally agrees to lend to the Borrower and the Borrower may borrow, repay, and reborrow from each Bank from time to time from between the Funding Closing Date up to but not including and the Revolving Credit Maturity Date upon notice by the Borrower to the Administrative Agent given in accordance with §2.6ss.2.4 hereof, such sums as are requested by the Borrower up to a maximum aggregate principal amount outstanding (after giving effect to all amounts requested) at any one time equal to such Revolving Credit Lender’s Revolving Credit Bank's Commitment minus such Revolving Credit Lender’s Bank's Commitment Percentage of the sum of the Maximum Drawing Amount and all Unpaid Reimbursement Obligations, ; provided that the sum of the outstanding aggregate amount of all the Revolving Credit Loans (after giving effect to all amounts requested) plus the Maximum Drawing Amount and all Unpaid Reimbursement Obligations shall not at any time exceed the Total Revolving Credit Commitment Borrowing Base at such time. The Borrower agrees that it shall be an Event of Default if at any time the outstanding Revolving Credit Loans plus the Maximum Drawing Amount and all Unpaid Reimbursement Obligations exceed the Borrowing Base at such time and such excess is not paid to the Agent on behalf of the Banks within thirty (30) days of the Agent's request therefor. The Revolving Credit Loans shall be made pro rata in accordance with each Revolving Credit Lender’s Bank's Commitment Percentage of the Total Revolving Credit CommitmentPercentage. Each request for a Revolving Credit Loan hereunder made pursuant to ss.2.4 hereof shall constitute a representation and warranty by the Borrower that the conditions set forth in §12 and §13, in the case ss.10 have been satisfied as of the initial Revolving Credit Loans to be made on Closing Date and that the Funding Date, and §13, conditions set forth in the case of all other Revolving Credit Loans, ss.11 have been satisfied on the date of such requestrequest and will be satisfied on the proposed Drawdown Date of the requested Revolving Credit Loan. No Revolving Credit Loan shall be required to be made by any Bank unless all of the conditions contained in ss.10 have been satisfied as of the Closing Date and that the conditions set forth in ss.11 have been met at the time of any request for a Revolving Credit Loan.
Appears in 1 contract
Commitment to Lend. Subject to the terms and conditions set ------------------ forth in this Credit Agreement, each of the Revolving Credit Lenders Banks severally agrees to lend to the Borrower and the Borrower may borrow, repay, and reborrow from time to time from between the Funding Closing Date up to but not including and the Revolving Credit Loan Maturity Date upon notice by the Borrower to the Administrative Agent given in accordance with §2.6(S)2.6, such sums as are requested by the Borrower up to a maximum aggregate amount outstanding (after giving effect to all amounts requested) at any one time equal to such Revolving Credit Lender’s Revolving Credit Bank's Commitment minus such Bank's Revolving ----- Credit Lender’s Loan Commitment Percentage of the sum of the Maximum Drawing Amount and all Unpaid Reimbursement Obligations, provided that the sum of the -------- outstanding aggregate amount of all the Revolving Credit Loans (after giving effect to all amounts requested) plus the Maximum Drawing Amount and all Unpaid ---- Reimbursement Obligations shall not at any time exceed the Total Revolving Credit Commitment at such timeCommitment. The Revolving Credit Loans shall be made pro rata in accordance --- ---- with each Bank's Revolving Credit Lender’s Loan Commitment Percentage of the Total Revolving Credit CommitmentPercentage. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower that the conditions set forth in §12 (S)12 and §13(S)13, in the case of the initial Revolving Credit Loans to be made on the Funding Closing Date, and §13(S)13, in the case of all other Revolving Credit Loans, have been satisfied on the date of such request.
Appears in 1 contract
Sources: Revolving Credit and Term Loan Agreement (Petro Stopping Centers L P)
Commitment to Lend. Subject to the provisions of ss.2.6 and the other terms and conditions set forth in this Credit Agreement, each of the Revolving Credit Lenders Banks severally agrees to lend to the Borrower and the Borrower may borrow, repay, and reborrow from each Bank from time to time from between the Funding Closing Date up to but not including and the Revolving Credit Maturity Date upon notice by the Borrower to the Administrative Agent (with copies for each Bank) given in accordance with §2.6ss.2.6 hereof, such sums as are requested by the Borrower up to a maximum aggregate principal amount outstanding (after giving effect to all amounts requested) at any one time equal to such Revolving Credit Lender’s Revolving Credit Bank's Commitment minus such Revolving Credit Lender’s Bank's Commitment Percentage of the sum of the Maximum Drawing Amount and all Unpaid Reimbursement Obligations, Amount; provided that the sum of the outstanding aggregate amount of all the Revolving Credit Loans (after giving effect to all amounts requested) plus the Maximum Drawing Amount and all Unpaid Reimbursement Obligations shall not at any time exceed the Total Revolving Credit Commitment in effect at such time. The Revolving Credit Loans shall be made pro rata in accordance with each Revolving Credit Lender’s Bank's Commitment Percentage of the Total Revolving Credit CommitmentPercentage. Each request for a Revolving Credit Loan hereunder made pursuant to ss.2.6 hereof shall constitute a representation and warranty by the Borrower that the conditions set forth in §12 and §13, in the case ss.11 have been satisfied as of the initial Revolving Credit Loans Closing Date (to the extent such conditions have not been waived in writing by the Banks and/or deferred in writing to be made on a condition to the Funding Date, initial advance) and §13, that the conditions set forth in the case of all other Revolving Credit Loans, ss.12 have been satisfied on the date of such requestrequest and will be satisfied on the proposed Drawdown Date of the requested Loan, provided that the making of such representation and warranty by the Borrower shall not limit the right of any Bank not to lend if such conditions have not been met. No Revolving Credit Loan shall be required to be made by any Bank unless all of the conditions contained in ss.11 have been satisfied as of the Closing Date (to the extent such conditions have not been waived in writing by the Banks and/or deferred in writing to be a condition to the initial advance) and that the conditions set forth in ss.12 have been met at the time of any request for a Revolving Credit Loan.
Appears in 1 contract
Commitment to Lend. Subject to the terms and conditions set forth in this Credit Agreement, each of the Revolving Credit Lenders severally agrees to lend to the Borrower and the Borrower may borrow, repay, and reborrow from time to time from the Funding Closing Date up to but not including the Revolving Credit Maturity Date upon notice by the Borrower to the Administrative Agent given in accordance with §2.6, such sums as are requested by the Borrower up to a maximum aggregate amount outstanding (after giving effect to all amounts requested) at any one time equal to such Revolving Credit Lender’s Revolving Credit Commitment minus such Revolving Credit Lender’s Commitment Percentage of the sum of the Maximum Drawing Amount and all Unpaid Reimbursement Obligations, provided that the sum of the outstanding aggregate amount of all the Revolving Credit Loans (after giving effect to all amounts requested) plus Swing Line Loans plus the Maximum Drawing Amount and all Unpaid Reimbursement Obligations shall not at any time exceed the lesser of (i) the Total Revolving Credit Commitment at such time and (ii) the Borrowing Base at such time. The Commitment of each Lender pursuant to this Credit Agreement shall come into effect on the Closing Date. The Revolving Credit Loans shall be made pro rata in accordance with each Revolving Credit Lender’s Commitment Percentage of the Total Revolving Credit CommitmentPercentage. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower that the conditions set forth in §12 11 and §1312, in the case of the initial Revolving Credit Loans to be made on the Funding Closing Date, and §1312, in the case of all other Revolving Credit Loans, have been satisfied on the date of such request.
Appears in 1 contract
Sources: Revolving Credit Agreement (SeaCube Container Leasing Ltd.)
Commitment to Lend. Subject to the terms and conditions set forth in ------------------ this Credit AgreementAgreement (including, but not limited to those requirements set forth in (S)2.6 below), each of the Revolving Credit Lenders Banks severally agrees to lend to the Borrower and the Borrower may borrow, repay, and reborrow from time to time from between the Funding Closing Date up to but not including and the Revolving Credit Loan Maturity Date upon notice by the Borrower to the Administrative Agent given in accordance with §2.6(S)2.6, such sums as are requested by the Borrower up to a maximum aggregate amount outstanding (after giving effect to all amounts requested) at any one time equal to such Revolving Credit Lender’s Revolving Credit Bank's Commitment minus such Revolving Credit Lender’s Bank's Commitment Percentage of the sum of the Maximum Drawing Amount and all Unpaid Reimbursement Obligations, provided that the sum of the outstanding aggregate amount of all the Revolving Credit Loans (after giving effect to all amounts requested) plus the Maximum Drawing Amount and all Unpaid Reimbursement Obligations shall not at any time exceed the Total Revolving Credit Commitment at such timeCommitment. The Revolving Credit Loans shall be made pro rata in accordance with each Revolving Credit Lender’s Bank's Commitment Percentage of the Total Revolving Credit CommitmentPercentage. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower that the conditions set forth in §12 (S)11 and §13(S)12, in the case of the initial Revolving Credit Loans to be made on the Funding Closing Date, and §13(S)12, in the case of all other Revolving Credit Loans, have been satisfied on the date of such request. Notwithstanding anything to the contrary contained herein, the Borrower shall not be permitted to borrow Revolving Credit Loans after June 17, 2000 to finance any portion of a Permitted Acquisition.
Appears in 1 contract
Commitment to Lend. Subject to the terms and conditions set forth in this Credit Agreement, each of the Revolving Credit Lenders Banks severally agrees to lend to the Borrower and the Borrower may borrow, repay, and reborrow from time to time from the Funding Closing Date up to but not including the Revolving Credit Loan Maturity Date upon notice by the Borrower to the Administrative Agent given in accordance with §2.6ss.2.6, such sums as are requested by the Borrower up to a maximum aggregate amount outstanding (after giving effect to all amounts requested) at any one time equal to such Revolving Credit Lender’s Revolving Credit Bank's Commitment minus such Revolving Credit Lender’s Bank's Commitment Percentage of the sum of the Maximum Drawing Amount and all Unpaid Reimbursement Obligations, provided that the sum of the outstanding aggregate amount of all the Revolving Credit Loans (after giving effect to all amounts requested) plus the Maximum Drawing Amount and all Unpaid Reimbursement Obligations shall not at any time exceed the Total Revolving Credit Commitment at such timeCommitment. The Revolving Credit Loans shall be made pro rata in accordance with each Revolving Credit Lender’s Bank's Commitment Percentage of the Total Revolving Credit CommitmentPercentage. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower that the conditions set forth in §12 ss.11 and §13ss.12, in the case of the initial Revolving Credit Loans to be made on the Funding Closing Date, and §13ss.12, in the case of all other Revolving Credit Loans, have been satisfied on the date of such request.
Appears in 1 contract
Commitment to Lend. Subject to the terms and conditions set forth in this Credit Agreement, each of the Revolving Credit Lenders severally agrees to lend to the Borrower and the Borrower may borrow, repay, and reborrow from time to time from the Funding Closing Date up to but not including the Revolving Credit Maturity Date upon notice by the Borrower to the Administrative Agent given in accordance with §2.6, such sums as are requested by the Borrower up to a maximum aggregate amount outstanding (after giving effect to all amounts requested) at any one time equal to such Revolving Credit Lender’s Revolving Credit Lenders Commitment minus such Revolving Credit Lender’s Lenders Commitment Percentage of the sum of (a) the Maximum Drawing Amount and all Unpaid Reimbursement Obligations, Obligations and (b) the outstanding Swing Line Loans; provided that the sum of the outstanding aggregate amount of all Revolving Credit Loans Exposure (after giving effect to all amounts requested) plus the Maximum Drawing Amount and all Unpaid Reimbursement Obligations shall not at any time exceed the Total Revolving Credit Commitment at such timeGross Availability. The Revolving Credit Loans shall be made pro rata in accordance with each Revolving Credit Lender’s Lenders Commitment Percentage of the Total Revolving Credit CommitmentPercentage. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower that the conditions set forth in §12 10 and §1311, in the case of the initial Revolving Credit Loans to be made on the Funding Closing Date, and §1311, in the case of all other Revolving Credit Loans, have been satisfied on the date of such request.
Appears in 1 contract
Commitment to Lend. (a) Subject to the terms and conditions set forth in this Credit Agreement, each of the Revolving Credit Lenders Banks severally agrees to lend to the Borrower and the Borrower may borrow, repay, and reborrow from time to time from between the Funding Date up to but not including date of this Credit Agreement and the Revolving Credit ST Maturity Date upon notice by the Borrower to the Administrative Agent given in accordance with §2.6, section 2.5 such sums as are requested by the Borrower up to a maximum aggregate principal amount outstanding (after giving effect to all amounts ST Loans then being requested) at any one time equal to such Revolving Bank's ST Commitment, provided that the sum of the outstanding amount of the ST Loans (after giving effect to all amounts then being requested) shall not exceed the Total ST Commitment. The ST Loans shall be made pro rata in accordance with each Bank's ST Commitment Percentage. Each request for a ST Loan shall constitute a representation by the Borrower that the conditions set forth in section 8 and section 9, in the case of the initial ST Loans to be made on the Closing Date, and section 9, in the case of all other ST Loans, have been satisfied on the date of such request.
(b) Subject to the terms and conditions set forth in this Credit Lender’s Revolving Agreement, each of the Banks severally agrees to lend to the Borrower and the Borrower may borrow, repay, and reborrow from time to time between the date of this Credit Agreement and the MT Maturity Date upon notice by the Borrower to the Administrative Agent given in accordance with section 2.5 such sums as requested by the Borrower up to a maximum aggregate principal amount outstanding (after giving effect to all MT Loans then being requested) at any one time equal to such Bank's MT Commitment minus such Revolving Credit Lender’s Bank's MT Commitment Percentage of the sum of the Maximum Drawing Amount and all Unpaid Reimbursement Obligations, provided that the sum of the outstanding aggregate amount of all Revolving Credit the MT Loans (after giving effect to all amounts MT Loans then being requested) plus the Maximum Drawing Amount and plus all Unpaid Reimbursement Obligations shall not at any time exceed the Total Revolving Credit Commitment at such timeMT Commitment. The Revolving Credit MT Loans shall be made pro rata in accordance with each Revolving Credit Lender’s Bank's MT Commitment Percentage of the Total Revolving Credit CommitmentPercentage. Each request for a Revolving Credit MT Loan hereunder shall constitute a representation and warranty by the Borrower that the conditions set forth in §12 section 8 and §13section 9, in the case of the initial Revolving Credit MT Loans to be made on the Funding Closing Date, and §13section 9, in the case of all other Revolving Credit MT Loans, have been satisfied on the date of such request.
Appears in 1 contract
Sources: Revolving Credit Agreement (Telephone & Data Systems Inc /De/)
Commitment to Lend. Subject to the terms and conditions set forth in this Credit Agreement, each of the Revolving Credit Lenders Banks severally agrees to lend to the Borrower and the Borrower may borrow, repay, and reborrow from time to time from between the Funding Closing Date up to but not including and the Revolving Credit Maturity Date upon notice by the Borrower to the Administrative Managing Agent given in accordance with §2.6Section 2.4 hereof, such sums as are requested by the Borrower up to a maximum aggregate principal amount outstanding (after giving effect to all amounts requested) at any one time equal to the Tranche A Commitment Amount minus the sum of (a) the Maximum Drawing Amount plus (b) all Unpaid Reimbursement Obligations plus (c) prior to the WQCD Closing Date, the Net WQCD Acquisition amount; provided that, with respect to each Bank, the sum of the outstanding amount of the Tranche A Loans (after giving effect to all amounts requested) made by such Revolving Credit Lender’s Revolving Credit Commitment minus Bank plus such Revolving Credit Lender’s Bank's Commitment Percentage of the sum of the Maximum Drawing Amount and all Unpaid Reimbursement Obligations, provided that the sum of the outstanding aggregate amount of all Revolving Credit Loans (after giving effect to all amounts requested) plus the Maximum Drawing Amount and all Unpaid Reimbursement unpaid reimbursement Obligations shall not at any time exceed such Bank's Commitment Percentage of the Total Revolving Credit Tranche A Commitment at such timeAmount. The Revolving Credit Tranche A Loans shall be made by each Bank pro rata in accordance with each Revolving Credit Lender’s Bank's applicable Commitment Percentage of the Total Revolving Credit CommitmentPercentage. Each request for a Revolving Credit Tranche A Loan hereunder shall constitute a representation and warranty by the Borrower that the conditions set forth in §12 and §13, in the case of the initial Revolving Credit Loans to be made on the Funding Date, and §13, in the case of all other Revolving Credit Loans, have been satisfied on the date of such request.shall
Appears in 1 contract
Sources: Revolving Credit and Term Loan Agreement (Emmis Broadcasting Corporation)
Commitment to Lend. Subject to the terms and conditions set forth in this Credit Agreement, each of the Revolving Credit Lenders severally agrees to lend to the Borrower Borrowers and the Borrower Borrowers may borrow, repay, and reborrow on a joint and several basis from time to time from the Funding Closing Date up to but not including the Revolving Credit Maturity Date upon notice by the Borrower Borrowers to the Administrative Agent given in accordance with §2.6ss.2.6, such sums as are requested by the Borrower Borrowers up to a maximum aggregate amount outstanding (after giving effect to all amounts requested) at any one time equal to such Revolving Credit Lender’s 's Revolving Credit Commitment minus MINUS such Lender's Revolving Credit Lender’s Commitment Percentage of the sum of the Maximum Drawing Amount and all Unpaid Reimbursement ObligationsObligations which have not been repaid with the proceeds of Revolving Credit Loans, provided PROVIDED that the sum of the outstanding aggregate amount of all the Revolving Credit Loans (after giving effect to all amounts requested) plus PLUS the Maximum Drawing Amount and all Unpaid Reimbursement Obligations which have not been repaid with the proceeds of Revolving Credit Loans, shall not at any time exceed the Total Revolving Credit Commitment at such time. The Revolving Credit Loans shall be made pro rata PRO RATA in accordance with each Lender's Revolving Credit Lender’s Commitment Percentage of the Total Revolving Credit CommitmentPercentage. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower Borrowers that the conditions set forth in §12 ss.12 and §13ss.13, in the case of the initial Revolving Credit Loans to be made on the Funding Closing Date, and §13ss.13, in the case of all other Revolving Credit Loans, have been satisfied on the date of such request. Notwithstanding anything contained herein to the contrary, (a) for the period commencing on the Closing Date through the date that is seven (7) days from the Closing Date, the aggregate amount of Revolving Credit Loans outstanding plus the Maximum Drawing Amount and all Unpaid Reimbursement Obligations as of the Closing Date shall not exceed $9,000,000 and (b) for the period commencing on the date that is seven (7) days from the Closing Date through the date that is ten (10) days from the Closing Date, the aggregate amount of Revolving Credit Loans outstanding shall not exceed $6,000,000.
Appears in 1 contract
Sources: Revolving Credit and Term Loan Agreement (Furrs Restaurant Group Inc)
Commitment to Lend. Subject to the terms and conditions set forth in this Credit Agreement, each of the Revolving Credit Lenders severally agrees to lend to the Borrower and the Borrower may borrow, repay, and reborrow from time to time from the Funding Closing Date up to but not including until the Revolving Credit Maturity Date Date, upon notice by the Borrower to the Administrative Agent given in accordance with §2.6SECTION 2.6 hereof, such sums as are requested by the Borrower up to a maximum aggregate amount outstanding (after giving effect to all amounts requested) at any one time equal to such Revolving Credit Lender’s Revolving Credit 's Commitment minus MINUS such Revolving Credit Lender’s 's Commitment Percentage of the sum of the Maximum Drawing Amount and all Unpaid Reimbursement Obligations, provided ; PROVIDED that the sum of the outstanding aggregate amount of all the Revolving Credit Loans (after giving effect to all amounts requested) plus PLUS the Maximum Drawing Amount and all Unpaid Reimbursement Obligations shall not at any time exceed the lesser of the Total Commitment and the Borrowing Base, and PROVIDED FURTHER, that the Borrower shall not have the right to request any Revolving Credit Commitment at Loans hereunder unless the principal amounts then outstanding under the UK Facility (including the maximum amount available to be drawn under letters of credit and other collateral instruments issued under such timefacility) are equal to or greater than (pound)2,000,000. The Revolving Credit Loans shall be made pro rata PRO RATA in accordance with each Revolving Credit Lender’s 's Commitment Percentage of the Total Revolving Credit CommitmentPercentage. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower that the conditions set forth in §SECTIONS 12 and §1313 hereof, in the case of the initial Revolving Credit Loans to be made on the Funding Closing Date, and §SECTION 13, in the case of all other Revolving Credit Loans, have been satisfied on the date of such request.
Appears in 1 contract
Sources: Revolving Credit and Term Loan Agreement (CRC Evans International Inc)
Commitment to Lend. Subject to the terms and conditions set forth in this Credit Agreement, each of the Revolving Credit Lenders severally agrees to lend to the Borrower Borrowers, and the Borrower Borrowers on a joint and several basis may borrow, repay, and reborrow from time to time from the Funding Closing Date up to but not including the Revolving Credit Maturity Date upon notice by the Borrower Borrowers’ Representative to the Administrative Agent given in accordance with §2.6Section 2.9, such sums as are requested by the Borrower Borrowers’ Representative up to a maximum aggregate amount outstanding (after giving effect to all amounts requested) at any one time equal to such Revolving Credit Lender’s Revolving Credit Commitment minus MINUS such Revolving Credit Lender’s Commitment Percentage of the sum of the Maximum Drawing Amount and all Unpaid Reimbursement Obligations, provided PROVIDED that the Agent and the Revolving Credit Lenders shall have no obligation to make any Revolving Credit Loans which would constitute an OverLoan or which would cause the sum of the all outstanding aggregate amount amounts of all Revolving Credit Loans (after giving effect to all amounts requested) plus the Maximum Drawing Amount and all Unpaid Reimbursement Obligations shall not at any time exceed the Total Revolving Credit Commitment at such time. The Revolving Credit Loans shall be made pro rata in accordance with each Revolving Credit Lender’s Commitment Percentage of the Total Revolving Credit Commitment. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower that the conditions set forth in §12 and §13, in the case of the initial Revolving Credit Loans to be made on the Funding Date, and §13, in the case of all other Revolving Credit Loans, have been satisfied on the date of such request.greater then the
Appears in 1 contract
Commitment to Lend. Subject to the provisions of 2.4 and the other terms and conditions set forth in this Credit Agreement, each of the Revolving Credit Lenders Banks severally agrees to lend to the Borrower and the Borrower may borrow, repay, and reborrow from each Bank from time to time from between the Funding Closing Date up to but not including and the Revolving Credit Maturity Date upon notice by the Borrower to the Administrative Agent given in accordance with §2.62.4 hereof, such sums as are requested by the Borrower up to a maximum aggregate principal amount outstanding (after giving effect to all amounts requested) at any one time equal to such Revolving Credit Lender’s Revolving Credit Commitment minus such Revolving Credit Lender’s Commitment Percentage of the sum of the Maximum Drawing Amount and all Unpaid Reimbursement Obligations, Bank's Commitment; provided that the sum of the outstanding aggregate amount of all the Revolving Credit Loans (after giving effect to all amounts requested) plus the Maximum Drawing Amount and all Unpaid Reimbursement Obligations shall not at any time exceed the Total Borrowing Base at such time. The Borrower agrees that it shall be an Event of Default if at any time the outstanding Revolving Credit Commitment Loans exceed the Borrowing Base at such time and such excess is not paid to the Agent on behalf of the Banks within thirty (30) days of the Agent's request therefor. The Total Commitment of the Banks shall be automatically reduced pro rata in accordance with each Bank's Commitment Percentage to $35,000,000 on the anniversary of the Closing Date unless prior to such anniversary the outstanding principal balance of the Revolving Credit Loans shall exceed $35,000,000 at any one time. The Revolving Credit Loans shall be made pro rata in accordance with each Revolving Credit Lender’s Bank's Commitment Percentage of the Total Revolving Credit CommitmentPercentage. Each request for a Revolving Credit Loan hereunder made pursuant to 2.4 hereof shall constitute a representation and warranty by the Borrower that the conditions set forth in §12 and §13, in the case 10 have been satisfied as of the initial Revolving Credit Loans to be made on Closing Date and that the Funding Date, and §13, conditions set forth in the case of all other Revolving Credit Loans, 11 have been satisfied on the date of such requestrequest and will be satisfied on the proposed Drawdown Date of the requested Revolving Credit Loan. No Revolving Credit Loan shall be required to be made by any Bank unless all of the conditions contained in 10 have been satisfied as of the Closing Date and that the conditions set forth in 11 have been met at the time of any request for a Revolving Credit Loan.
Appears in 1 contract
Commitment to Lend. Subject to the terms and conditions set forth in this Credit Agreement, each of the Revolving Credit Lenders Banks severally agrees to lend to the Borrower Borrowers and the Borrower Borrowers may borrow, repay, and reborrow from time to time from the Funding Closing Date up to but not including the Revolving Credit Maturity Date upon notice by the Borrower Borrowers to the Administrative Agent given in accordance with §2.6ss.2.6, such sums as are requested by the Borrower Borrowers up to a maximum aggregate amount outstanding (after giving effect to all amounts requested) at any one time equal to such Revolving Credit Lender’s Revolving Credit Bank's Commitment minus MINUS such Revolving Credit Lender’s Bank's Commitment Percentage of the sum of the Maximum Drawing Amount and all Unpaid unpaid Reimbursement Obligations, provided PROVIDED that the sum of the outstanding aggregate amount of all the Revolving Credit Loans Loans, Swing Line Loans, unpaid Reimbursement Obligations and the Maximum Drawing Amount (after giving effect to all amounts requested) plus the Maximum Drawing Amount and all Unpaid Reimbursement Obligations shall not exceed a maximum aggregate amount outstanding of $200,000,000 at any time exceed time, as such amount may be reduced pursuant to ss.2.2 hereof (the "Total Revolving Credit Commitment at such timeCommitment"). The Revolving Credit Loans shall be made pro rata PRO RATA in accordance with each Revolving Credit Lender’s Bank's Commitment Percentage of the Total Revolving Credit CommitmentPercentage. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower Borrowers that the conditions set forth in §12 ss.9 and §13ss.10, in as the case of the initial Revolving Credit Loans to be made on the Funding Date, and §13, in the case of all other Revolving Credit Loansmay be, have been satisfied on the date of such request.
Appears in 1 contract