Facility Amount. In no event may the aggregate principal amount of all outstanding Loans (including both the Revolving Loans and the Competitive Bid Loans) exceed the lesser of the Aggregate Commitment or the Global Borrowing Base and no U.S. Lender shall be obligated to make any Loan hereunder if, after giving effect to such Loan, the sum of the aggregate outstanding principal amount of all Borrowing Base Debt would exceed the Global Borrowing Base; provided that if the Company shall have requested an Advance the proceeds of which will be used to repay outstanding Borrowing Base Debt and so long as no Default or Unmatured Default shall have occurred and be continuing, then, with respect to the calculations set forth in this subsection, such Advance shall not be included within the amount of outstanding Loans and outstanding Borrowing Base Debt until 5:00 p.m. (Central time) on the day of such Advance; provided, further, that the continuation of any Floating Rate Loan or any Eurodollar Loan or the conversion of any Eurodollar Loan into a Floating Rate Loan or, except if a Commercial Paper Backup Exclusion Event has occurred and is continuing, the borrowing of a Loan which is used exclusively to repay Commercial Paper Obligations shall not be deemed to be a borrowing of a Loan for purposes of this subsection or an Advance during the applicable period provided in Section 4.1(a) for the Company to make a mandatory payments because of a Debt Limit Excession; provided, further, that, in the case of a continuation of a Eurodollar Loan during a continuing Debt Limit Excession, such continuation shall only be permitted for a period ending on or prior to the date by which the Company is required to make a mandatory prepayment because of a Debt Limit Excession provided in Section 4.1(a).
Appears in 1 contract
Sources: Credit Agreement (Apache Corp)
Facility Amount. In no event may the aggregate principal amount of all outstanding Loans (including both the Revolving Loans and the Competitive Bid Loans) exceed the lesser of the Aggregate Commitment or the Global Borrowing Base and no U.S. Canadian Lender shall be obligated to make any Loan hereunder if, after giving effect to such Loan, the sum of the aggregate outstanding principal amount of all Borrowing Base Debt would exceed the Global Borrowing Base; provided that if the Company shall have requested an Advance the proceeds of which will be used to repay outstanding Borrowing Base Debt and so long as no Default or Unmatured Default shall have occurred and be continuing, then, with respect to the calculations set forth in this subsection, such Advance shall not be included within the amount of outstanding Loans and outstanding Borrowing Base Debt until 5:00 p.m. (Central time) on the day of such Advance; provided, further, that the continuation of any Floating Rate Loan or any Eurodollar Loan or the conversion of any Eurodollar Loan into a Floating Rate Loan or, except if a Commercial Paper Backup Exclusion Event has occurred and is continuing, the borrowing of a Loan which is used exclusively to repay Commercial Paper Obligations shall not be deemed to be a borrowing of a Loan for purposes of this subsection or an Advance during the applicable period provided in Section 4.1(a) for the Company to make a mandatory payments because of a Debt Limit Excession; provided, further, that, in the case of a continuation of a Eurodollar Loan during a continuing Debt Limit Excession, such continuation shall only be permitted for a period ending on or prior to the date by which the Company is required to make a mandatory prepayment because of a Debt Limit Excession provided in Section 4.1(a).
Appears in 1 contract
Sources: Credit Agreement (Apache Corp)
Facility Amount. In no event may the aggregate principal amount of all outstanding Loans (including both the Revolving Loans and the Competitive Bid Loans) exceed the lesser of the Aggregate Commitment or the Global Borrowing Base and no U.S. Australian Lender shall be obligated to make any Loan hereunder if, after giving effect to such Loan, the sum of the aggregate outstanding principal amount of all Borrowing Base Debt would exceed the Global Borrowing Base; provided that if the Company shall have requested an Advance the proceeds of which will be used to repay outstanding Borrowing Base Debt and so long as no Default or Unmatured Default shall have occurred and be continuing, then, with respect to the calculations set forth in this subsection, such Advance shall not be included within the amount of outstanding Loans and outstanding Borrowing Base Debt until 5:00 p.m. (U.S. Central timeTime ("Central Time")) on the day of such Advance; provided, further, that the continuation of any Floating Rate Eurodollar Loan as a Eurodollar Loan with an Interest Period of one month or any Eurodollar Loan or such shorter period permitted pursuant to the conversion of any Eurodollar Loan into a Floating Rate Loan or, except if a Commercial Paper Backup Exclusion Event has occurred and is continuing, the borrowing of a Loan which is used exclusively to repay Commercial Paper Obligations following proviso shall not be deemed to be a borrowing of a Loan for purposes of this subsection or an Advance during the applicable period provided in Section 4.1(a) for the Company to make a mandatory payments because of a Debt Limit Excession; provided, further, that, in upon the case request of a the Company for the continuation of a Eurodollar Loan during as a continuing Debt Limit ExcessionEurodollar Loan with an Interest Period of less than one month, the Australian Administrative Agent, after obtaining the consent of the Australian Lenders, will use reasonable efforts to continue such continuation shall only be permitted for a period ending on or prior to Eurodollar Loan as a Eurodollar Loan of the date by which the Company is required to make a mandatory prepayment because of a Debt Limit Excession provided in Section 4.1(a)requested duration.
Appears in 1 contract
Sources: Credit Agreement (Apache Corp)