Common use of Revolving Commitment Clause in Contracts

Revolving Commitment. Subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth herein, each Lender severally agrees to make available to the Borrower such Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANS") from time to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDED, HOWEVER, that the sum of the aggregate outstanding principal amount of Revolving Loans shall not exceed ONE HUNDRED MILLION DOLLARS ($100,000,000) (as such aggregate maximum amount may be reduced from time to time as provided in Section 3.4, the "REVOLVING COMMITTED AMOUNT"); PROVIDED, FURTHER, (A) with regard to each Lender individually, such Lender's outstanding Revolving Loans shall not exceed such Lender's Revolving Commitment Percentage of the Revolving Committed Amount, and (B) the sum of the aggregate outstanding principal amount of Revolving Loans PLUS LOC Obligations PLUS Swingline Loans shall not exceed the Revolving Committed Amount. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Base Rate Loans or Eurodollar Loans, or a combination thereof, as the Borrower may request; PROVIDED, HOWEVER, that no more than 15 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof.

Appears in 3 contracts

Sources: Credit Agreement (Mg Waldbaum Co), Credit Agreement (Mg Waldbaum Co), Credit Agreement (Michael Foods Inc /Mn)

Revolving Commitment. Subject During the Commitment Period, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Revolving Lender severally severally, but not jointly, agrees to make available revolving credit loans in Dollars (“Revolving Loans”) to the Borrower such Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANS") from time to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDED, HOWEVER, that the sum of the in an aggregate outstanding principal amount of Revolving Loans shall not exceed ONE up to FORTY-FOUR MILLION SEVEN HUNDRED MILLION FIFTY THOUSAND DOLLARS ($100,000,00044,750,000) (as increased from time to time as provided in Section 2.1(f) and as such aggregate maximum amount may be reduced from time to time as provided in Section 3.42.6, the "REVOLVING COMMITTED AMOUNT")“Revolving Committed Amount”) for the purposes hereinafter set forth; PROVIDEDprovided, FURTHERhowever, that (Ai) with regard to each Revolving Lender individually, the sum of such Revolving Lender's outstanding Revolving Loans shall not exceed such Lender's ’s Revolving Commitment Percentage of the aggregate principal amount of outstanding Revolving Committed Amount, Loans plus such Revolving Lender’s Revolving Commitment Percentage of outstanding Swingline Loans plus such Revolving Lender’s Revolving Commitment Percentage of outstanding LOC Obligations shall not exceed such Revolving Lender’s Revolving Commitment and (Bii) with regard to the Revolving Lenders collectively, the sum of the aggregate outstanding principal amount of outstanding Revolving Loans PLUS plus outstanding Swingline Loans plus outstanding LOC Obligations PLUS Swingline Loans shall not exceed the Revolving Committed AmountAmount then in effect. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Alternate Base Rate Loans or Eurodollar LIBOR Rate Loans, or a combination thereof, as the Borrower may request; PROVIDED, HOWEVER, that no more than 15 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof; provided, however, the Revolving Loans made on the Closing Date or any of the three (3) Business Days following the Closing Date, may only consist of Alternate Base Rate Loans unless the Borrower delivers a funding indemnity letter, substantially in the form of Exhibit 2.1(a), reasonably acceptable to the Administrative Agent not less than three (3) Business Days prior to the Closing Date. LIBOR Rate Loans shall be made by each Revolving Lender at its LIBOR Lending Office and Alternate Base Rate Loans at its Domestic Lending Office.

Appears in 3 contracts

Sources: Credit Agreement (Osi Systems Inc), Credit Agreement (Osi Systems Inc), Credit Agreement (Osi Systems Inc)

Revolving Commitment. Subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth herein, each Revolving Lender severally agrees to make available to the Borrower such Revolving Lender's Revolving ’s Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANS"“Revolving Loans”) from time to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDEDprovided, HOWEVERhowever, that the sum of the aggregate outstanding principal amount of Revolving Loans shall not exceed ONE FOUR HUNDRED MILLION DOLLARS ($100,000,000400,000,000) (as such aggregate maximum amount may be increased in accordance with Section 2.7 or reduced from time to time as provided in Section 3.4, the "REVOLVING COMMITTED AMOUNT"“Revolving Committed Amount”); PROVIDEDprovided, FURTHERfurther, (A) with regard to each Revolving Lender individually, such Revolving Lender's outstanding ’s Revolving Loans Credit Exposure shall not exceed such Revolving Lender's ’s Revolving Commitment Percentage of the Revolving Committed AmountCommitment, and (B) the sum of the aggregate outstanding principal amount of Revolving Loans PLUS plus LOC Obligations PLUS plus Swingline Loans shall not exceed the Revolving Committed Amount. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Base Rate Loans or Eurodollar Loans, or a combination thereof, as the Borrower may request; PROVIDEDprovided, HOWEVERhowever, that no more than 15 six (6) Eurodollar Loans which are Revolving Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof.

Appears in 3 contracts

Sources: Credit Agreement (Amn Healthcare Services Inc), Credit Agreement (Amn Healthcare Services Inc), Credit Agreement (Amn Healthcare Services Inc)

Revolving Commitment. Subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth herein, each Revolving Lender severally agrees to make available to the Borrower such Lender's Revolving Commitment Percentage of revolving credit loans requested by (“Revolving Loans”) to the Borrower in Dollars ("REVOLVING LOANS") Borrowers from time to time from the Closing Effective Date until the Maturity Termination Date, or such earlier date as the Revolving Commitments shall have been terminated as provided hereinherein for the purposes hereinafter set forth (provided, that, all Revolving Loans made prior to the Effective Time (as defined in the Merger Agreement) shall be made to Speedway Funding); PROVIDEDprovided, HOWEVERhowever, that (x) the sum of the aggregate outstanding principal amount of outstanding Revolving Loans at any time shall not exceed the Revolving Committed Amount and (y) the sum of the aggregate principal amount of outstanding Revolving Loans on the Effective Date shall not exceed $20,000,000 (which outstanding amount shall result only from borrowings of Revolving Loans the proceeds of which are used to finance the Offer (as defined in the Merger Agreement) and for fees and expenses related to the Merger); provided, further, (i) with regard to each Revolving Lender individually, such Lender’s share of outstanding Revolving Obligations shall not exceed such Lender’s Revolving Commitment Percentage of the Revolving Committed Amount and (ii) with regard to the Revolving Lenders collectively, the aggregate principal amount of outstanding Revolving Obligations shall not exceed ONE HUNDRED MILLION DOLLARS ($100,000,000) (as such aggregate maximum amount may be reduced from time to time be increased pursuant to Section 2.6 or reduced as provided in Section 3.4, the "REVOLVING COMMITTED AMOUNT"3.3); PROVIDED, FURTHER, (A) with regard to each Lender individually, such Lender's outstanding Revolving Loans shall not exceed such Lender's Revolving Commitment Percentage of the Revolving Committed Amount, and (B) the sum of the aggregate outstanding principal amount of Revolving Loans PLUS LOC Obligations PLUS Swingline Loans shall not exceed the Revolving Committed Amount. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Base Rate Loans or Eurodollar Loans, or a combination thereof, as the Borrower Borrowers may requestrequest and may be repaid and reborrowed in accordance with the provisions hereof; PROVIDEDprovided, HOWEVERhowever, that no more than 15 six Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for with respect to Revolving Loans. For purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same datedate and have the same duration, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof.

Appears in 3 contracts

Sources: Credit Agreement (Speedway Motorsports LLC), Credit Agreement (Speedway Motorsports LLC), Credit Agreement (Speedway Motorsports Inc)

Revolving Commitment. Subject During the Commitment Period, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Lender severally agrees to make available revolving loans (the "Revolving Loans"; such Revolving Loans to include Non-Ratable Loans made by Bank of America pursuant to Section 2.7(e)) to the Borrower Borrowers in the amount of such Lender's Revolving Commitment Percentage of revolving credit loans requested by such Revolving Loans for the Borrower in Dollars purposes hereinafter set forth; provided that ("REVOLVING LOANS"i) from time with regard to time from the Closing Date until the Maturity DateLenders collectively, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDED, HOWEVER, that the sum of the aggregate outstanding principal amount of Revolving Loans Obligations (excluding Discretionary Over-Advances) at any time shall not exceed ONE HUNDRED MILLION DOLLARS ($100,000,000) (as such aggregate maximum amount may be reduced from time to time as provided in Section 3.4, the "REVOLVING COMMITTED AMOUNT"); PROVIDED, FURTHER, lesser of (A) the Aggregate Revolving Commitment Amount or (B) the Borrowing Base, and (ii) with regard to each Lender individually, such Lender's outstanding Revolving Loans Commitment Percentage of Obligations (excluding Discretionary Over-Advances) at any time shall not exceed the lesser of (A) such Lender's Revolving Committed Amount or (B) such Lender's Revolving Commitment Percentage of the Borrowing Base. Notwithstanding the foregoing, the Agent may make Revolving Committed Loans in its discretion ("Discretionary Over-Advances") for and on behalf of the Lenders in an aggregate principal amount outstanding at any time not to exceed $5,000,000, even though (1) a Default or Event of Default then exists and has not been waived or cured, (2) the other conditions to Extensions of Credit under Section 4.2 have not or cannot be satisfied, or (3) after giving effect thereto, the Obligations then outstanding will be in excess of the Borrowing Base (but not in excess of the Aggregate Revolving Commitment Amount), if in the reasonable business judgment of the Agent, such advances are necessary or advisable for the protection or preservation of the Collateral or in order to improve the likelihood of repayment of the Total Obligations (including financing working capital needs). The Agent will give prompt notice to the Lenders of any Discretionary Over-Advances and the circumstances giving rise thereto, and (B) each Lender will promptly reimburse the sum Agent for its ratable share of such advance. The right and ability of the aggregate outstanding principal amount of Revolving Loans PLUS LOC Obligations PLUS Swingline Loans shall not exceed Agent to make Discretionary Over-Advances hereunder are subject to revocation by written notice to the Revolving Committed AmountAgent from the Required Lenders. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Base Rate Loans or Eurodollar Loans, or a combination thereof, as the Borrower Borrowers may request; PROVIDED, HOWEVER, that no more than 15 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof.

Appears in 2 contracts

Sources: Credit Agreement (Friedmans Inc), Credit Agreement (Friedmans Inc)

Revolving Commitment. Subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth herein, each Lender severally agrees to make available to the Borrower such Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANSRevolving Loans") up to such Lender's Revolving Commitment from time to time from the Closing Date until the Maturity Termination Date, or such earlier date as the Revolving Commitments shall have been terminated as provided hereinherein for the purposes hereinafter set forth; PROVIDEDprovided, HOWEVERhowever, that the sum of the aggregate outstanding principal amount of outstanding Revolving Loans shall not exceed ONE TWO HUNDRED SEVENTY-FIVE MILLION DOLLARS ($100,000,000275,000,000.00) (as such aggregate maximum amount may be reduced or increased from time to time as provided in Section 3.4, the "REVOLVING COMMITTED AMOUNTRevolving Committed Amount"); PROVIDEDprovided, FURTHERfurther, (Ai) with regard to each Lender individually, such Lender's outstanding Revolving Loans shall not exceed such Lender's Revolving Commitment Percentage of the Revolving Committed AmountCommitment, and (Bii) with regard to the sum of Lenders collectively, the aggregate outstanding principal amount of outstanding Revolving Loans PLUS LOC Obligations PLUS plus the aggregate principal amount of outstanding Competitive Loans plus the aggregate principal amount of outstanding Swingline Loans shall not exceed the Revolving Committed Amount. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Base Rate Loans or Eurodollar Loans, or a combination thereof, as the Borrower may request, and may be repaid and reborrowed in accordance with the provisions hereof; PROVIDEDprovided, HOWEVERhowever, that no more than 15 25 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for time. For purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof.

Appears in 2 contracts

Sources: Credit Agreement (Autozone Inc), Credit Agreement (Autozone Inc)

Revolving Commitment. Subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth herein, each Revolving Lender severally agrees to make available to the Borrower such Lender's Revolving Commitment Percentage of revolving credit loans requested by (“Revolving Loans”) to the Borrower in Dollars ("REVOLVING LOANS") Borrowers from time to time from the Closing Date until the Maturity Termination Date, or such earlier date as the Revolving Commitments shall have been terminated as provided hereinherein for the purposes hereinafter set forth; PROVIDEDprovided, HOWEVERhowever, that the sum of the aggregate outstanding principal amount of outstanding Revolving Loans shall not exceed the Revolving Committed Amount and; provided, further, (i) with regard to each Revolving Lender individually, such Lender’s share of outstanding Revolving Obligations shall not exceed such Lender’s Revolving Commitment Percentage of the Revolving Committed Amount, (ii) with regard to the Revolving Lenders collectively, the aggregate principal amount of outstanding Revolving Obligations shall not exceed ONE HUNDRED MILLION DOLLARS ($100,000,000) (as such aggregate maximum amount may be reduced from time to time be increased pursuant to Section 2.6 or reduced as provided in Section 3.4, the "REVOLVING COMMITTED AMOUNT"); PROVIDED, FURTHER, “Revolving Committed Amount”) and (Aiii) with regard to each Lender individuallythe Revolving Lenders collectively, such Lender's outstanding Revolving Loans shall not exceed such Lender's Revolving Commitment Percentage the aggregate principal amount of the Revolving Committed Amount, and (B) the sum of the aggregate outstanding principal amount of Revolving Loans PLUS LOC Obligations PLUS Swingline Loans shall not exceed the Revolving Committed Amount. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Base Rate Loans or Eurodollar Loans, or a combination thereof, as the Borrower Borrowers may requestrequest and may be repaid and reborrowed in accordance with the provisions hereof; PROVIDEDprovided, HOWEVERhowever, that no more than 15 six Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for with respect to Revolving Loans. For purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same datedate and have the same duration, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof.

Appears in 2 contracts

Sources: Credit Agreement (Speedway Motorsports Inc), Credit Agreement (New Hampshire Motor Speedway, Inc.)

Revolving Commitment. Subject During the Commitment Period, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Revolving Lender severally agrees to make available revolving credit loans (“Revolving Loans”) to the Borrower from time to time for the purposes hereinafter set forth; provided, however, that (i) with regard to each Revolving Lender individually, the sum of such Revolving Lender's ’s share of outstanding Revolving Loans plus such Revolving Lender’s Revolving Commitment Percentage of revolving credit loans requested outstanding Swingline Loans plus such Revolving Lender’s Revolving Commitment Percentage of outstanding LOC Obligations (after giving effect to the concurrent reduction, if any, in outstanding Swingline Loans and/or outstanding LOC Obligations to be effected by application of the Borrower in Dollars ("REVOLVING LOANS"proceeds of Revolving Loans) from time to time from the Closing Date until the Maturity Date, or shall not exceed such earlier date as Revolving Lender’s Revolving Commitment Percentage of the Revolving Commitments shall have been terminated as provided herein; PROVIDEDCommitted Amount and (ii) with regard to the Revolving Lenders collectively, HOWEVER, that the sum of the aggregate outstanding principal amount of outstanding Revolving Loans plus outstanding Swingline Loans plus outstanding LOC Obligations (after giving effect to the concurrent reduction, if any, in outstanding Swingline Loans and/or outstanding LOC Obligations to be effected by application of the proceeds of Revolving Loans) shall not exceed the Revolving Committed Amount then in effect. For purposes hereof, the aggregate amount available hereunder shall be ONE HUNDRED TWENTY-FIVE MILLION DOLLARS ($100,000,000125,000,000) (as such aggregate maximum amount may be reduced from time to time as provided in Section 3.42.7, the "REVOLVING COMMITTED AMOUNT"); PROVIDED, FURTHER, (A) with regard to each Lender individually, such Lender's outstanding Revolving Loans shall not exceed such Lender's Revolving Commitment Percentage of the Revolving Committed Amount, and (B) the sum of the aggregate outstanding principal amount of Revolving Loans PLUS LOC Obligations PLUS Swingline Loans shall not exceed the Revolving Committed Amount”). The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Alternate Base Rate Loans or Eurodollar LIBOR Rate Loans, or a combination thereof, as the Borrower may request; PROVIDED, HOWEVER, that no more than 15 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof; provided, however, the Revolving Loans made on the Closing Date and on the two Business Days immediately following the Closing Date shall bear interest at the Alternate Base Rate. LIBOR Rate Loans shall be made by each Revolving Lender at its LIBOR Lending Office and Alternate Base Rate Loans at its Domestic Lending Office.

Appears in 2 contracts

Sources: Credit Agreement (Nci Building Systems Inc), Credit Agreement (Nci Building Systems Inc)

Revolving Commitment. Subject During the Commitment Period, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Revolving Lender severally agrees to severally, but not jointly, shall make available revolving credit loans in Dollars (“Revolving Loans”) to the Borrower such Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANS") from time to time from in an aggregate principal amount not at any time exceeding the total of Revolving Commitments of all the Lenders, which amount on the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDED, HOWEVER, that the sum of the aggregate outstanding principal amount of Revolving Loans shall not exceed ONE HUNDRED MILLION equal TWO BILLION DOLLARS ($100,000,0002,000,000,000) (as increased from time to time as provided in Section 2.22 and as such aggregate maximum amount may be reduced from time to time as provided in Section 3.42.6, the "REVOLVING COMMITTED AMOUNT"“Revolving Committed Amount”) for the purposes hereinafter set forth (the “Revolving Facility”); PROVIDEDprovided, FURTHERhowever, that (Ai) with regard to each Revolving Lender individually, the sum of such Revolving Lender's outstanding Revolving Loans shall not exceed such Lender's ’s Revolving Commitment Percentage of the aggregate principal amount of outstanding Revolving Committed Amount, Loans plus such Revolving Lender’s Revolving Commitment Percentage of the outstanding principal amount of the LOC Obligations shall not exceed such Revolving Lender’s Revolving Commitment and (Bii) with regard to the Revolving Lenders collectively, the sum of the aggregate outstanding principal amount of outstanding Revolving Loans PLUS plus the aggregate principal amount of outstanding LOC Obligations PLUS Swingline Loans shall not exceed the Revolving Committed AmountAmount then in effect. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Alternate Base Rate Loans or Eurodollar LIBOR Rate Loans, or a combination thereof, as the Borrower may request; PROVIDED, HOWEVER, that no more than 15 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof; provided, however, the Revolving Loans made on the Closing Date or any of the three (3) Business Days following the Closing Date, may only consist of Alternate Base Rate Loans unless the Borrower delivers a funding indemnity letter, substantially in the form of Exhibit 2.1(a), reasonably acceptable to the Administrative Agent on or before the Closing Date, in which case LIBOR Rate Loans are available to the Borrower. LIBOR Rate Loans shall be made by each Revolving Lender at its LIBOR Lending Office and Alternate Base Rate Loans at its Domestic Lending Office.

Appears in 2 contracts

Sources: Credit Agreement (Mednax, Inc.), Credit Agreement (Mednax, Inc.)

Revolving Commitment. Subject During the Revolving Commitment Period, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Revolving Lender severally agrees to make available revolving credit loans in Dollars (“Revolving Loans”) to the Borrower from time to time for the purposes hereinafter set forth; provided, however, that (i) with regard to each Revolving Lender individually, the sum of such Revolving Lender's ’s Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars aggregate principal amount of outstanding Revolving Loans plus outstanding Swingline Loans plus outstanding Revolving LOC Obligations shall not exceed such Revolving Lender’s Revolving Commitment and ("REVOLVING LOANS"ii) from time with regard to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDEDLenders collectively, HOWEVER, that the sum of the aggregate outstanding principal amount of outstanding Revolving Loans plus outstanding Swingline Loans plus outstanding Revolving LOC Obligations shall not exceed ONE HUNDRED the Revolving Committed Amount then in effect. For purposes hereof, the aggregate principal amount available for Revolving Loan borrowings hereunder shall be EIGHTY MILLION DOLLARS ($100,000,00080,000,000) (as such aggregate maximum amount may be reduced from time to time as provided in Section 3.42.8, the "REVOLVING COMMITTED AMOUNT"); PROVIDED, FURTHER, (A) with regard to each Lender individually, such Lender's outstanding Revolving Loans shall not exceed such Lender's Revolving Commitment Percentage of the Revolving Committed Amount, and (B) the sum of the aggregate outstanding principal amount of Revolving Loans PLUS LOC Obligations PLUS Swingline Loans shall not exceed the Revolving Committed Amount”). The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Alternate Base Rate Loans or Eurodollar LIBOR Rate Loans, or a combination thereof, as the Borrower may request; PROVIDED, HOWEVER, that no more than 15 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof; provided, however, the Revolving Loans made on either of the two (2) Business Days immediately following the Closing Date may only consist of Alternate Base Rate Loans. LIBOR Rate Loans shall be made by each Revolving Lender at its LIBOR Lending Office and Alternate Base Rate Loans at its Domestic Lending Office. No Revolving Loans shall be made on the Closing Date.

Appears in 2 contracts

Sources: Credit Agreement (Gencorp Inc), Credit Agreement (Gencorp Inc)

Revolving Commitment. Subject Prior to the Commitment Termination Date, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Lender severally agrees to make available revolving credit loans in Dollars or in any Alternative Currency to the Borrower such Lender's (“Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANS"Loans”) from time to time from for the Closing Date until the Maturity Datepurposes hereinafter set forth; provided, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDED, HOWEVERhowever, that (i) with regard to each Lender individually, the sum of the aggregate such Lender’s share of outstanding principal amount Revolving Loans, plus such Lender’s Commitment Percentage of Revolving Loans outstanding Swingline Loans, plus such Lender’s Commitment Percentage of LOC Obligations shall not exceed ONE such Lender’s Commitment Percentage of the aggregate Committed Amount, and (ii) with regard to the Lenders collectively, the Advances Outstanding shall not exceed the aggregate Committed Amount then in effect. For purposes hereof, the aggregate amount available hereunder shall be FIVE HUNDRED FORTY-FIVE MILLION DOLLARS ($100,000,000545,000,000.00) (as such aggregate maximum amount may be (A) increased from time to time as provided in Section 2.2, and (B) reduced from time to time as provided in Section 3.42.6, the "REVOLVING COMMITTED AMOUNT"“Committed Amount”); PROVIDEDprovided, FURTHERhowever, (A) with regard to each Lender individually, such Lender's that the aggregate principal amount of all outstanding Revolving Loans and LOC Obligations in Alternative Currencies shall not exceed such Lender's Revolving Commitment Percentage thirty percent (30%) of the Revolving Committed Amount, and Amount (B) the sum of the aggregate outstanding principal amount of “Alternative Currency Sub Limit”). Revolving Loans PLUS LOC Obligations PLUS Swingline Loans shall not exceed the Revolving Committed Amount. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans denominated in Dollars may consist of Alternate Base Rate Loans or Eurodollar EURIBOR/LIBOR Rate Loans, or a combination thereof, as the Initial Borrower may request, and may be repaid and reborrowed in accordance with the provisions hereof. Revolving Loans denominated in any Alternative Currency may consist of Alternate Base Rate Loans or EURIBOR/LIBOR Rate Loans, or a combination thereof, as the Borrower may request; PROVIDED, HOWEVER, that no more than 15 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof. Notwithstanding the foregoing, any Revolving Loans made on the Closing Date or on either of the two Business Days immediately following the Closing Date may only consist of Alternate Base Rate Loans denominated in Dollars. Any Loans denominated in Dollars shall be made by each Lender at its Domestic Lending Office and any Loans denominated in any Alternative Currency shall be made by each Lender at its EURIBOR/LIBOR Lending Office.

Appears in 2 contracts

Sources: Credit Agreement (Capitalsource Inc), Credit Agreement (Capitalsource Inc)

Revolving Commitment. Subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth herein, each Each Lender severally with a Revolving Commitment agrees to make available to the Borrower such Lender's loans on a revolving basis (“Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANS"Loans”) from time to time from the Closing Date until the Maturity Termination Date in such Lender’s Pro Rata Share of such aggregate amounts as the Company may request from all Lenders; provided that the Revolving Outstandings will not at any time exceed Revolving Loan Availability. Each of the parties hereto acknowledges and agrees that the Revolving Outstandings on the Restatement Date are equal to $30,000,000 consisting of $25,000,000 outstanding Revolving Loans and $5,000,000 L/C Obligations (together, the "Outstanding Existing Revolving Loan Balance"); provided, that on the Restatement Date, or such earlier date the Company intends to repay all $25,000,000 of outstanding Revolving Loans. Each of the parties hereto further acknowledges and agrees that on the Restatement Date, the obligations of the Company with respect to the "Revolving Commitment" and "Revolving Loans" under the Existing Credit Agreement shall continue as the Revolving Commitments shall have been terminated as provided herein; PROVIDEDCommitment and the Revolving Loans, HOWEVERrespectively, that hereunder. On the sum Restatement Date, each Revolving Lender will make a Revolving Loan in an amount equal to its Pro Rata Share of the aggregate outstanding principal amount Outstanding Existing Revolving Loan Balance with the proceeds thereof being paid on a pro rata revolving basis, to the extent necessary to properly reflect their respective Revolving Commitments, to Lenders who were Revolving Lenders under the Existing Credit Agreement and who remain Revolving Lenders on and after the Restatement Date. Within the limits and provisions of Revolving Loans shall not exceed ONE HUNDRED MILLION DOLLARS ($100,000,000) (as this Agreement Company may make such aggregate maximum amount may be reduced from time to time as provided in Section 3.4borrowings, the "REVOLVING COMMITTED AMOUNT"); PROVIDED, FURTHER, (A) with regard to each Lender individually, repay such Lender's outstanding Revolving Loans shall not exceed such Lender's Revolving Commitment Percentage of the Revolving Committed Amountadvances, and (B) make additional borrowing under the sum of the aggregate outstanding principal amount of Revolving Loans PLUS LOC Obligations PLUS Swingline Loans shall not exceed the Revolving Committed Amount. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Base Rate Loans or Eurodollar Loans, or a combination thereof, as the Borrower may request; PROVIDED, HOWEVER, that no more than 15 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereofLoan.

Appears in 2 contracts

Sources: Credit Agreement (Titan International Inc), Credit Agreement (Titan International Inc)

Revolving Commitment. Subject During the Commitment Period, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Revolving Lender severally severally, but not jointly, agrees to make available revolving credit loans (“Revolving Loans”) to the Borrower such Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANS") from time to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDED, HOWEVER, that the sum of the in an aggregate outstanding principal amount of Revolving Loans shall not exceed ONE HUNDRED up to FORTY-FIVE MILLION DOLLARS ($100,000,00045,000,000) (as such aggregate maximum amount may be reduced from time to time as provided in Section 3.42.6, the "REVOLVING COMMITTED AMOUNT")“Revolving Committed Amount”) for the purposes hereinafter set forth; PROVIDEDprovided, FURTHERhowever, that (Ai) with regard to each Revolving Lender individually, the sum of such Revolving Lender's ’s Revolving Commitment Percentage of outstanding Revolving Loans plus such Revolving Lender’s Revolving Commitment Percentage of outstanding Swingline Loans plus such Revolving Lender’s Revolving Commitment Percentage of outstanding LOC Obligations shall not exceed such Revolving Lender's ’s Revolving Commitment Percentage of and (ii) with regard to the Revolving Committed AmountLenders collectively, and (B) the sum of the aggregate outstanding principal amount of Revolving Loans PLUS plus outstanding Swingline Loans plus outstanding LOC Obligations PLUS Swingline Loans shall not exceed the Revolving Committed Amount. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Alternate Base Rate Loans or Eurodollar LIBOR Rate Loans, or a combination thereof, as the Borrower may request; PROVIDED, HOWEVER, that no more than 15 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid or prepaid and reborrowed in accordance with the provisions hereof; provided, however, Revolving Loans made on the Closing Date or on any of the three (3) Business Days following the Closing Date may only consist of Alternate Base Rate Loans. LIBOR Rate Loans shall be made by each Revolving Lender at its LIBOR Lending Office and Alternate Base Rate Loans at its Domestic Lending Office.

Appears in 2 contracts

Sources: Credit Agreement (Orthofix International N V), Credit Agreement (Orthofix International N V)

Revolving Commitment. Subject During the Commitment Period, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Revolving Lender severally severally, but not jointly, agrees to make available to the Borrower such Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower (“Revolving Loans”) (i) in Dollars and in Foreign Currencies to the Company ("REVOLVING LOANS"“Company Revolving Loans”) and (ii) in Foreign Currencies to the U.K. Borrower (“U.K. Borrower Revolving Loans”), in each case from time to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDED, HOWEVER, that the sum of the in an aggregate outstanding principal amount of Revolving Loans shall not exceed ONE up to FOUR HUNDRED SIXTY MILLION DOLLARS ($100,000,000460,000,000) (as increased from time to time as provided in Section 2.22 and as such aggregate maximum amount may be reduced from time to time as provided in Section 3.42.6, the "REVOLVING COMMITTED AMOUNT"“Revolving Committed Amount”) for the purposes hereinafter set forth (such facility, the “Revolving Facility”); PROVIDEDprovided, FURTHERhowever, that (A) with regard to each Revolving Lender individually, the sum of such Revolving Lender's ’s Commitment Percentage of the aggregate principal amount of outstanding Revolving Loans plus such Revolving Lender’s Commitment Percentage of outstanding Swingline Loans plus such Revolving Lender’s Commitment Percentage of outstanding LOC Obligations plus such Lender’s Revolving Credit Commitment Percentage of the Foreign Currency Reserve shall not exceed such Revolving Lender's ’s Revolving Commitment Percentage of the Revolving Committed AmountCommitment, and (B) with regard to the Revolving Lenders collectively, the sum of the aggregate outstanding principal amount of outstanding Revolving Loans PLUS plus outstanding Swingline Loans plus outstanding LOC Obligations PLUS Swingline Loans plus the Foreign Currency Reserve shall not exceed the Revolving Committed Amount. The initial advance Amount then in effect, (C) the aggregate principal Dollar Equivalent of the outstanding Revolving Loans on made to the Closing Date Company denominated in a Foreign Currency, together with the Dollar Equivalent of outstanding LOC Obligations with respect to Letters of Credit denominated in a Foreign Currency, shall consist solely not exceed the Foreign Currency Sublimit and (D) the aggregate principal Dollar Equivalent of Base Rate LoansRevolving Loans made to the U.K. Borrower shall not exceed SEVENTY-FIVE MILLION DOLLARS ($75,000,000) (the “U.K. Borrower Sublimit”). Thereafter, Revolving Loans may consist of Alternate Base Rate Loans or Eurodollar LIBOR Rate Loans, or a combination thereof, as the Borrower Company may request; PROVIDED, HOWEVER, that no more than 15 Eurodollar request and Revolving Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar denominated in a Foreign Currency may consist of only LIBOR Rate Loans, even if they begin on the same dateand in each case, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof; provided, however, that during the three (3) Business Day period commencing on the Third Amendment Effective Date, the U.K. Borrower may only borrow Revolving Loans to the extent the U.K. Borrower has delivered a funding indemnity letter, substantially in the form of Exhibit 2.1(a), reasonably acceptable to the Administrative Agent not less than three (3) Business Days prior to the Third Amendment Effective Date. LIBOR Rate Loans shall be made by each Revolving Lender at its LIBOR Lending Office and Alternate Base Rate Loans at its Domestic Lending Office. The U.K. Borrower shall not constitute a Borrower under the Company Revolving Loans and the Company shall not constitute a Borrower under the U.K. Borrower Revolving Loans.

Appears in 2 contracts

Sources: Credit Agreement (Esterline Technologies Corp), Credit Agreement (Esterline Technologies Corp)

Revolving Commitment. Subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth herein, each Lender severally agrees to make available to the Borrower such Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANS") from time to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDED, HOWEVER, that (i) with regard to the sum of Lenders collectively, the aggregate outstanding principal amount of Revolving Loans Obligations outstanding shall not exceed ONE the lesser of (A) FIVE HUNDRED FIFTY MILLION DOLLARS ($100,000,000550,000,000) (as such aggregate maximum amount may be reduced from time to time as provided in Section 3.4, the "REVOLVING COMMITTED AMOUNT")) and (B) the Borrowing Base LESS the outstanding Term Loan; PROVIDED, FURTHER, (Aii) with regard to each Lender individually, such Lender's outstanding Revolving Loans shall not exceed the amount of such Lender's Revolving Commitment Percentage of the Revolving Committed Amount, and (B) the sum of the aggregate outstanding principal amount of Revolving Loans PLUS LOC Obligations PLUS Swingline Loans outstanding shall not exceed the such Lender's Revolving Committed Amount. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Base Rate Loans or Eurodollar Loans, or a combination thereof, as the Borrower may request; PROVIDED, HOWEVER, that no more than 15 ten (10) Eurodollar Loans shall be outstanding hereunder at any time time, of which no more than seven (7) of such Eurodollar Loans shall be Revolving Loans (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof.

Appears in 1 contract

Sources: Credit Agreement (National Equipment Services Inc)

Revolving Commitment. Subject During the Commitment Period, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Revolving Lender severally severally, but not jointly, agrees to make available to the Borrower such Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANS"“Revolving Loans”) to the Borrowers from time to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDED, HOWEVER, that the sum of the in an aggregate outstanding principal amount of Revolving Loans shall not exceed ONE up to FOUR HUNDRED FIFTY MILLION DOLLARS ($100,000,000450,000,000) (as increased from time to time as provided in Section 2.22 and as such aggregate maximum amount may be reduced from time to time as provided in Section 3.42.6, the "REVOLVING COMMITTED AMOUNT"“Revolving Committed Amount”) for the purposes hereinafter set forth (such facility, the “Revolving Facility”); PROVIDEDprovided, FURTHERhowever, that (Ai) with regard to each Revolving Lender individually, the sum of such Revolving Lender's outstanding Revolving Loans shall not exceed such Lender's ’s Revolving Commitment Percentage of the aggregate principal amount of outstanding Revolving Committed Amount, Loans plus such Revolving Lender’s Revolving Commitment Percentage of outstanding Swingline Loans plus such Revolving Lender’s Revolving Commitment Percentage of outstanding LOC Obligations shall not exceed such Revolving Lender’s Revolving Commitment and (Bii) with regard to the Revolving Lenders collectively, the sum of the aggregate outstanding principal amount of outstanding Revolving Loans PLUS plus outstanding Swingline Loans plus outstanding LOC Obligations PLUS Swingline Loans shall not exceed the Revolving Committed AmountAmount then in effect. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Alternate Base Rate Loans or Eurodollar LIBOR Rate Loans, or a combination thereof, as the applicable Borrower may request; PROVIDED, HOWEVER, that no more than 15 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof; provided, however, the Revolving Loans made on the Closing Date or any of the three (3) Business Days following the Closing Date, may only consist of Alternate Base Rate Loans unless the Borrowers deliver a funding indemnity letter, substantially in the form of Exhibit 2.1(a), reasonably acceptable to the Administrative Agent not less than three (3) Business Days prior to the Closing Date. LIBOR Rate Loans shall be made by each Revolving Lender at its LIBOR Lending Office and Alternate Base Rate Loans at its Domestic Lending Office.

Appears in 1 contract

Sources: Credit Agreement (Innophos Holdings, Inc.)

Revolving Commitment. (a) Subject to the terms and conditions hereof hereof, you and the Other Purchasers hereby establish for the benefit of the Note Issuers a revolving credit facility pursuant to which the Note Issuers may borrow (and repay and reborrow) an aggregate principal amount at any one time outstanding not in reliance upon excess of the representations and warranties set forth herein, each Lender severally agrees to make available to the Borrower such Lender's Available Revolving Commitment Percentage of as in effect from time to time. The revolving credit loans requested by facility established hereunder shall expire, and all amounts outstanding thereunder shall be due and payable, on the Borrower in Dollars ("REVOLVING LOANS") Expiration Date. At any time or from time to time from on or after the Closing Date until and prior to the Maturity Expiration Date, subject to the limitations set forth in section 12.2(b), the Note Issuers may borrow (and repay and reborrow) from each holder of Senior Revolving Credit Notes an aggregate principal amount at any one time outstanding not in excess of such holder's Percentage of the Available Revolving Commitment. The obligations of each holder of Senior Revolving Credit Notes are several and not joint and several. Each such borrowing (a "Revolving Credit Loan" and, collectively, the "Revolving Credit Loans") shall be made pro rata from the holders of the Senior --- ---- Revolving Credit Notes in accordance with their respective Percentages of the Available Revolving Commitment unless any such holder fails to honor its commitment under this section 12.2(a); provided, however, that such -------- failure shall not relieve you of your commitment under this section 12.2(a). (b) The Revolving Credit Loans shall be made in such amount (in an integral multiple of $100,000 and a minimum of $400,000 or such earlier lesser amount as may be equal to the Available Revolving Commitment) and on such date as the Revolving Commitments Note Issuers shall have been terminated as provided herein; PROVIDED, HOWEVER, that specify in a notice substantially in the sum form of Exhibit 12.2(b) attached hereto delivered to the holders of the aggregate outstanding principal amount of --------------- Senior Revolving Loans shall not exceed ONE HUNDRED MILLION DOLLARS ($100,000,000) (as such aggregate maximum amount may be reduced from time to time as provided in Section 3.4, the "REVOLVING COMMITTED AMOUNT"); PROVIDED, FURTHER, (A) with regard to each Lender individually, such Lender's outstanding Revolving Loans shall not exceed such Lender's Revolving Commitment Percentage of the Revolving Committed Amount, and (B) the sum of the aggregate outstanding principal amount of Revolving Loans PLUS LOC Obligations PLUS Swingline Loans shall not exceed the Revolving Committed Amount. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Base Rate Loans or Eurodollar Loans, or a combination thereof, as the Borrower may request; PROVIDED, HOWEVER, that no more than 15 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, Credit Notes in accordance with the provisions hereofof section 23 not less than three Business Days nor more than 10 Business Days prior to the date so specified, provided that no holder of any Senior Revolving -------- Credit Notes shall be combined obligated to (i) make any Revolving Credit Loan if - at the end time thereof or after giving effect thereto any Default or Event of existing Interest Periods Default shall exist or any condition shall exist which has resulted in, or could reasonably be expected to constitute result in, a new Eurodollar Loan with a single Interest Period). Material Adverse Change or (ii) make more than three Revolving Credit Loans hereunder may during any calendar -- month. (c) The Revolving Credit Loans shall be repaid and reborrowed made by transfer of immediately available funds to an account of the Note Issuers in accordance with the provisions hereofwritten instructions of the Note Issuers set forth in the Officers' Certificate referred to in section 12.2(b).

Appears in 1 contract

Sources: Securities Purchase Agreement (Averstar Inc)

Revolving Commitment. Subject During the Commitment Period, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Lender severally agrees to make available revolving credit loans ("Revolving Loans") to the Borrower from time to time for the purposes hereinafter set forth; provided, however, that (i) with regard to each Lender individually, the sum of such Lender's share of outstanding Revolving Loans plus such Lender's Revolving Commitment Percentage of revolving credit loans requested by Swingline Loans plus such Lender's LOC Commitment Percentage of LOC Obligations shall not exceed such Lender's Revolving Commitment Percentage of the Borrower in Dollars aggregate Revolving Committed Amount, and ("REVOLVING LOANS"ii) from time with regard to time from the Closing Date until the Maturity DateLenders collectively, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDED, HOWEVER, that the sum of the aggregate outstanding principal amount of outstanding Revolving Loans plus Swingline Loans plus LOC Obligations shall not exceed ONE (A) on or prior to the Subsequent Transactions Closing Date, the aggregate Revolving Committed Amount then in effect and (B) after the Subsequent Transactions Closing Date, the lesser of the aggregate Revolving Committed Amount then in effect and the Borrowing Base. For purposes hereof, the aggregate amount available hereunder shall be TWO HUNDRED SEVENTY-FIVE MILLION DOLLARS ($100,000,000275,000,000) (as such aggregate maximum amount may be reduced from time to time as provided in Section 3.42.6, the "REVOLVING COMMITTED AMOUNTRevolving Committed Amount"); PROVIDEDprovided, FURTHERhowever, (A) with regard to each Lender individuallythat, such Lender's outstanding Revolving Loans shall not exceed such Lender's Revolving Commitment Percentage of until the Subsequent Transactions Closing Date, the Revolving Committed Amount, and Amount shall be TWO HUNDRED THIRTY MILLION DOLLARS (B) the sum of the aggregate outstanding principal amount of Revolving Loans PLUS LOC Obligations PLUS Swingline Loans shall not exceed the Revolving Committed Amount$230,000,000). The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Alternate Base Rate Loans or Eurodollar LIBOR Rate Loans, or a combination thereof, as the Borrower may request; PROVIDED, HOWEVER, that no more than 15 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof.. LIBOR Rate Loans shall be made by each Lender at its LIBOR Lending Office and Alternate Base Rate Loans at its Domestic Lending Office. Notwithstanding any provision herein to the contrary, (x) the initial LIBOR borrowing under this Agreement shall be made, at the Borrower's election, as a LIBOR Rate Loan having an Interest Period of one month or a LIBOR Rate Loan having an Interest Period of fourteen (14) days and (y) subsequent to such initial LIBOR borrowing but prior to the closing of the initial syndication of the Commitment and the Loans to the Lenders, all LIBOR Rate Loans under this Agreement shall be made or continued, at the Borrower's election, as LIBOR Rate Loans having an Interest Period of fourteen (14) days. All LIBOR Rate Loans having an Interest Period of fourteen (14) days shall bear interest at the same rate as LIBOR Rate Loans having an Interest Period of one month..

Appears in 1 contract

Sources: Credit Agreement (Galey & Lord Inc)

Revolving Commitment. Subject During the Commitment Period, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Revolving Lender severally agrees to severally, but not jointly, shall make available revolving credit loans in Dollars (“Revolving Loans”) to the Borrower such Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANS") from time to time from in an aggregate principal amount not at any time exceeding the total of Revolving Commitments of all the Lenders, which amount on the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDED, HOWEVER, that the sum of the aggregate outstanding principal amount of Revolving Loans shall not exceed ONE equal THREE HUNDRED FIFTY MILLION DOLLARS ($100,000,000350,000,000) (as increased from time to time as provided in Section 2.2 and as such aggregate maximum amount may be reduced from time to time as provided in Section 3.42.6, the "REVOLVING COMMITTED AMOUNT")“Revolving Committed Amount”) for the purposes hereinafter set forth; PROVIDEDprovided, FURTHERhowever, that (Ai) with regard to each Revolving Lender individually, the sum of such Revolving Lender's ’s Commitment Percentage of the aggregate principal amount of outstanding Revolving Loans plus such Revolving Lender’s Commitment Percentage of outstanding Swingline Loans plus such Revolving Lender’s Commitment Percentage of outstanding LOC Obligations shall not exceed such Revolving Lender's ’s Revolving Commitment Percentage of and (ii) with regard to the Revolving Committed AmountLenders collectively, and (B) the sum of the aggregate outstanding principal amount of outstanding Revolving Loans PLUS plus the aggregate principal amount of outstanding Swingline Loans plus the aggregate principal amount of outstanding LOC Obligations PLUS Swingline Loans shall not exceed the Revolving Committed AmountAmount then in effect. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Alternate Base Rate Loans or Eurodollar LIBOR Rate Loans, or a combination thereof, as the Borrower may request; PROVIDED, HOWEVER, that no more than 15 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof; provided, however, the Revolving Loans made on the Closing Date or any of the three (3) Business Days following the Closing Date, may only consist of Alternate Base Rate Loans unless the Borrower delivers a funding indemnity letter, substantially in the form of Exhibit 2.1(a), reasonably acceptable to the Administrative Agent on or before the Closing Date, in which case LIBOR Rate Loans are available to the Borrower. LIBOR Rate Loans shall be made by each Revolving Lender at its LIBOR Lending Office and Alternate Base Rate Loans at its Domestic Lending Office.

Appears in 1 contract

Sources: Credit Agreement (Pediatrix Medical Group Inc)

Revolving Commitment. Subject Prior to the Commitment Termination Date, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Lender severally agrees to make available revolving credit loans in Dollars or in any Alternative Currency to the Borrower such Lender's (“Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANS"Loans”) from time to time from for the Closing Date until the Maturity Datepurposes hereinafter set forth; provided, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDED, HOWEVERhowever, that (i) with regard to each Lender individually, the sum of the aggregate such Lender’s share of outstanding principal amount Revolving Loans, plus such Lender’s Commitment Percentage of Revolving Loans outstanding Swingline Loans, plus such Lender’s Commitment Percentage of LOC Obligations shall not exceed such Lender’s Commitment Percentage of the aggregate Committed Amount, and (ii) with regard to the Lenders collectively, the Advances Outstanding shall not exceed the aggregate Committed Amount then in effect. For purposes hereof, the aggregate amount available hereunder shall be ONE HUNDRED BILLION AND SEVENTY MILLION DOLLARS ($100,000,0001,070,000.00) (as such aggregate maximum amount may be reduced from time to time as provided in Section 3.42.6, the "REVOLVING COMMITTED AMOUNT"“Committed Amount”); PROVIDEDprovided, FURTHERhowever, (A) with regard to each Lender individually, such Lender's that the aggregate principal amount of all outstanding Revolving Loans and LOC Obligations in Alternative Currencies shall not exceed such Lender's Revolving Commitment Percentage of the Revolving Committed Amount, and TWO HUNDRED MILLION DOLLARS (B$200,000,000) the sum of the aggregate outstanding principal amount of (“Alternative Currency Sub Limit”). Revolving Loans PLUS LOC Obligations PLUS Swingline Loans shall not exceed the Revolving Committed Amount. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans denominated in Dollars may consist of Alternate Base Rate Loans or Eurodollar EURIBOR/LIBOR Rate Loans, or a combination thereof, as the Initial Borrower may request, and may be repaid and reborrowed in accordance with the provisions hereof. Revolving Loans denominated in any Alternative Currency may consist of Alternate Base Rate Loans or EURIBOR/LIBOR Rate Loans, or a combination thereof, as the Borrower may request; PROVIDED, HOWEVER, that no more than 15 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof. Notwithstanding the foregoing, any Revolving Loans made on the Closing Date or on either of the two Business Days immediately following the Closing Date may only consist of Alternate Base Rate Loans denominated in Dollars. Any Loans denominated in Dollars shall be made by each Lender at its Domestic Lending Office and any Loans denominated in any Alternative Currency shall be made by each Lender at its EURIBOR/LIBOR Lending Office.

Appears in 1 contract

Sources: Credit Agreement (Capitalsource Inc)

Revolving Commitment. Subject During the Commitment Period, ------------------------- subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Lender severally agrees to make available revolving credit loans ("U.S. Revolving Loans") to the Borrower U.S. Borrowers from time to time for the purposes hereinafter set forth; provided, however, that (i) with regard to each Lender individually, the sum of such Lender's share of outstanding U.S. Revolving Loans plus such Lender's Revolving Commitment ---- Percentage of Swingline Loans plus such Lender's LOC Commitment Percentage of ---- LOC Obligations shall not exceed such Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars aggregate Revolving Committed Amount, and ("REVOLVING LOANS"ii) from time with regard to time from the Closing Date until the Maturity DateLenders collectively, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDED, HOWEVER, that the sum of the aggregate outstanding principal amount of outstanding U.S. Revolving Loans plus Swingline Loans plus LOC Obligations shall not exceed ONE HUNDRED the lesser of (A) the Revolving Committed Amount and (B) the amount of the Borrowing Base as of the date on which the applicable Notice or Borrowing is delivered. For purposes hereof, the aggregate amount available hereunder shall be TWENTY MILLION DOLLARS ($100,000,00020,000,000) (as such aggregate maximum amount may be reduced from time to time as provided in Section 3.42.7, the "REVOLVING COMMITTED AMOUNT"); PROVIDED, FURTHER, (A) with regard to each Lender individually, such Lender's outstanding Revolving Loans shall not exceed such Lender's Revolving Commitment Percentage of the Revolving Committed Amount, and (B) the sum of the aggregate outstanding principal amount of Revolving Loans PLUS LOC Obligations PLUS Swingline Loans shall not exceed the Revolving Committed Amount"). The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, U.S. Revolving Loans may consist of Alternate Base Rate Loans or Eurodollar LIBOR Rate Loans, or a combination thereof, as the Borrower U.S. Borrowers may request; PROVIDED, HOWEVER, that no more than 15 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof. LIBOR Rate Loans shall be made by each Lender at its LIBOR Lending Office and Alternate Base Rate Loans at its Domestic Lending Office. Notwithstanding anything to the contrary in this Agreement, in each calendar year, for a period of thirty (30) consecutive days commencing on the date in such calendar year of which written notice shall have been given by the U.S. Borrowers at least ten (10) days prior thereto, the sum of the aggregate amount of outstanding U.S. Revolving Loans plus Swingline Loans plus LOC Obligations shall not exceed thirty-seven and one-half percent (37.5%) of the Revolving Committed Amount then in effect.

Appears in 1 contract

Sources: Credit Agreement (Racing Champions Corp)

Revolving Commitment. Subject to the terms and conditions hereof -------------------- and in reliance upon the representations and warranties set forth herein, each Lender Bank severally agrees to make available to the Borrower such LenderBank's Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANSRevolving Loans") from time to time from the Closing --------------- Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDEDprovided, HOWEVER-------- however, that the sum of the aggregate outstanding principal amount of ------- Revolving Loans shall not exceed ONE HUNDRED SEVENTY MILLION DOLLARS ($100,000,000170,000,000) (as such aggregate maximum amount may be reduced from time to time as provided in Section 3.3 and Section 3.4, the "REVOLVING COMMITTED AMOUNTRevolving --------- Committed Amount"); PROVIDEDprovided, FURTHERfurther, (A) with regard to each Lender Bank ---------------- -------- ------- individually, such LenderBank's outstanding Revolving Loans shall not exceed such LenderBank's Revolving Commitment Percentage of the Revolving Committed Amount, and (B) the sum of the aggregate outstanding principal amount of Revolving Loans PLUS plus LOC Obligations PLUS Swingline Loans shall not exceed the Revolving Committed Amount. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, ---- Revolving Loans may consist of Base Rate Loans or Eurodollar Loans, or a combination thereof, as the Borrower may request; PROVIDEDprovided, HOWEVERhowever, that -------- ------- no more than 15 five Eurodollar Loans which are Revolving Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof.

Appears in 1 contract

Sources: Credit Agreement (Ethyl Corp)

Revolving Commitment. Subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth herein, each Revolving Lender severally agrees to make available to the Borrower such Lender's Revolving Commitment Percentage of revolving credit loans requested by (“Revolving Loans”) to the Borrower in Dollars ("REVOLVING LOANS") Borrowers from time to time from the Closing Date until the Maturity Termination Date, or such earlier date as the Revolving Commitments shall have been terminated as provided hereinherein for the purposes hereinafter set forth; PROVIDEDprovided, HOWEVERhowever, that the sum of the aggregate outstanding principal amount of outstanding Revolving Loans shall not exceed ONE the Revolving Committed Amount and; provided, further, (i) with regard to each Revolving Lender individually, such Lender’s share of outstanding Revolving Obligations shall not exceed such Lender’s Revolving Commitment Percentage of the Revolving Committed Amount, (ii) with regard to the Revolving Lenders collectively, the aggregate principal amount of outstanding Revolving Obligations shall not exceed THREE HUNDRED MILLION DOLLARS ($100,000,000300,000,000) (as such aggregate maximum amount may be reduced from time to time as provided in Section 3.4, the "REVOLVING COMMITTED AMOUNT"); PROVIDED, FURTHER, “Revolving Committed Amount”) and (Aiii) with regard to each Lender individuallythe Revolving Lenders collectively, such Lender's outstanding Revolving Loans shall not exceed such Lender's Revolving Commitment Percentage the aggregate principal amount of the Revolving Committed Amount, and (B) the sum of the aggregate outstanding principal amount of Revolving Loans PLUS LOC Obligations PLUS Swingline Loans shall not exceed the Revolving Committed Amount. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Base Rate Loans or Eurodollar Loans, or a combination thereof, as the Borrower Borrowers may requestrequest and may be repaid and reborrowed in accordance with the provisions hereof; PROVIDEDprovided, HOWEVERhowever, that no more than 15 six Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for with respect to Revolving Loans. For purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same datedate and have the same duration, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof.

Appears in 1 contract

Sources: Credit Agreement (Inex Corp)

Revolving Commitment. Subject During the Commitment Period, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Revolving Lender severally severally, but not jointly, agrees to make available revolving credit loans in Dollars (“Revolving Loans”) to the Borrower such Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANS") from time to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDED, HOWEVER, that the sum of the in an aggregate outstanding principal amount of Revolving Loans shall not exceed ONE up to FOUR HUNDRED FIFTY MILLION DOLLARS ($100,000,000450,000,000) (as increased from time to time as provided in Section 2.1(f) and as such aggregate maximum amount may be reduced from time to time as provided in Section 3.42.6, the "REVOLVING COMMITTED AMOUNT")“Revolving Committed Amount”) for the purposes hereinafter set forth; PROVIDEDprovided, FURTHERhowever, that (Ai) with regard to each Revolving Lender individually, the sum of such Revolving Lender's ’s Commitment Percentage of the aggregate principal amount of outstanding Revolving Loans plus such Revolving Lender’s Commitment Percentage of outstanding Swingline Loans plus such Revolving Lender’s Commitment Percentage of outstanding LOC Obligations shall not exceed such Revolving Lender's ’s Revolving Commitment Percentage of and (ii) with regard to the Revolving Committed AmountLenders collectively, and (B) the sum of the aggregate outstanding principal amount of outstanding Revolving Loans PLUS plus outstanding Swingline Loans plus outstanding LOC Obligations PLUS Swingline Loans shall not exceed the Revolving Committed AmountAmount then in effect. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Alternate Base Rate Loans or Eurodollar LIBOR Rate Loans, or a combination thereof, as the Borrower may request; PROVIDED, HOWEVER, that no more than 15 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof; provided, however, the Revolving Loans made on the Closing Date or any of the three (3) Business Days following the Closing Date, may only consist of Alternate Base Rate Loans unless the Borrower delivers a funding indemnity letter, substantially in the form of Exhibit 2.1(a), reasonably acceptable to the Administrative Agent not less than three (3) Business Days prior to the Closing Date. LIBOR Rate Loans shall be made by each Revolving Lender at its LIBOR Lending Office and Alternate Base Rate Loans at its Domestic Lending Office.

Appears in 1 contract

Sources: Credit Agreement (Osi Systems Inc)

Revolving Commitment. Subject During the Commitment Period, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Revolving Lender severally severally, but not jointly, agrees to make available to the Borrower such Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower (“Revolving Loans”) (x) in Dollars ("REVOLVING LOANS") to the Company from time to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDED, HOWEVER, that the sum of the in an aggregate outstanding principal amount of Revolving Loans shall not exceed ONE up to FIVE HUNDRED MILLION Million DOLLARS ($100,000,000500,000,000) (as such aggregate maximum amount may be reduced from time to time as provided in Section 3.42.6 or increased pursuant to Section 2.22, the "REVOLVING COMMITTED AMOUNT")“Revolving Committed Amount”) for the purposes hereinafter set forth (such facility, the “Revolving Facility”) and (y) in Dollars and in Foreign Currencies to the Company or any Foreign Borrower from time to time in an aggregate principal amount not to exceed the Foreign Currency Sublimit; PROVIDEDprovided, FURTHERhowever, that (Ai) with regard to each Revolving Lender individually, the sum of such Revolving Lender's ’s Revolving Commitment Percentage of the aggregate principal amount of outstanding Revolving Loans plus such Revolving Lender’s Revolving Commitment Percentage of outstanding Swingline Loans plus such Revolving Lender’s Revolving Commitment Percentage of outstanding LOC Obligations plus such Revolving Lender’s Revolving Commitment Percentage of outstanding Additional Alternative Currency Loans shall not exceed such Revolving Lender's ’s Revolving Commitment Percentage of Commitment, (ii) with regard to the Revolving Committed AmountLenders collectively, and (B) the sum of the aggregate outstanding principal amount of outstanding Revolving Loans PLUS plus outstanding Swingline Loans plus outstanding LOC Obligations PLUS Swingline plus outstanding Additional Alternative Currency Loans shall not exceed the Revolving Committed Amount. The initial advance Amount then in effect and (iii) the aggregate principal amount of the outstanding Revolving Loans on denominated in a Foreign Currency plus outstanding Additional Alternative Currency Loans plus outstanding LOC Obligations with respect to Letters of Credit denominated in a Foreign Currency plus outstanding obligations in respect of Swingline Loans denominated in a Foreign Currency, shall not exceed the Closing Date shall consist solely of Base Rate LoansForeign Currency Sublimit. Thereafter, Revolving Loans may consist of Alternate Base Rate Loans or Eurodollar Loans, Eurocurrency Loans, or a combination thereof, as the applicable Borrower may request; PROVIDED, HOWEVER, that no more than 15 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions mayrequest and, in accordance with the provisions hereofeach case, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof; provided that (A) Revolving Loans denominated in Euros may consist of only EURIBOR Market Index Rate Loans or EURIBOR Rate Loans, (B) Revolving Loans denominated in British Pounds Sterling or Alternative Currencies may consist of only LIBOR Market Index Rate Loans or LIBOR Rate Loans, (C) Revolving Loans denominated in Dollars may consist of only Alternate Base Rate Loans, LIBOR Market Index Rate Loans or LIBOR Rate Loans and (D) the Revolving Loans made on the Closing Date or any of the three (3) Business Days following the Closing Date, may only consist of Alternate Base Rate Loans unless the applicable Borrower delivers a funding indemnity letter in form and substance reasonably acceptable to the Administrative Agent not less than three (3) Business Days prior to the Closing Date. Eurocurrency Loans shall be made by each Revolving Lender at its Eurocurrency Lending Office and Alternate Base Rate Loans at its Domestic Lending Office.

Appears in 1 contract

Sources: Credit Agreement (Itron Inc /Wa/)

Revolving Commitment. Subject During the Commitment Period, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Revolving Lender severally agrees to make available revolving credit loans (“Revolving Loans”) to the Borrower Borrowers from time to time for the purposes hereinafter set forth; provided, however, that (i) the aggregate principal amount of outstanding Revolving Loans and Swingline Loans made to the Company plus the outstanding Company LOC Obligations shall not exceed $200,000,000 at any time outstanding, (ii) no Revolving Loans shall be made if after incurrence of such Revolving Loans (but after giving effect to the expected uses of the proceeds thereof within 2 Business Days of the respective Revolving Loans for purposes other than investing in Cash Equivalents) there will be more than $150,000,000 of unrestricted cash and Cash Equivalents in the aggregate on the consolidated balance sheet of the Company and its Subsidiaries; provided that in making calculations pursuant to this clause (ii), the Company may disregard changes in the consolidated balances of cash and Cash Equivalents of the Company and its Subsidiaries to the extent the Company is not actually aware of a material increase in such balances during the period beginning 24 hours before the time the respective Notice of Borrowing for such respective Revolving Loans is required to be delivered and ending on (but including) the date on which such respective Revolving Loans are to be made, (iii) with regard to each Revolving Lender individually, the sum of such Revolving Lender's ’s Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars aggregate principal amount of outstanding Revolving Loans plus outstanding Swingline Loans plus outstanding LOC Obligations shall not exceed such Revolving Lender’s Revolving Commitment and ("REVOLVING LOANS"iv) from time with regard to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDEDLenders collectively, HOWEVER, that the sum of the aggregate principal amount of outstanding principal Revolving Loans plus outstanding Swingline Loan plus outstanding LOC Obligations shall not exceed the lesser of (A) the Revolving Committed Amount and (B) the Working Capital Amount. For purposes hereof, the aggregate amount of Revolving Loans available hereunder shall not exceed ONE be TWO HUNDRED AND SEVENTY MILLION DOLLARS ($100,000,000270,000,000) (as such aggregate maximum amount may be reduced from time to time as provided in accordance with the terms of Section 3.42.5 or increased from time to time in accordance with the terms of Section 2.23, the "REVOLVING COMMITTED AMOUNT"); PROVIDED, FURTHER, (A) with regard to each Lender individually, such Lender's outstanding Revolving Loans shall not exceed such Lender's Revolving Commitment Percentage of the Revolving Committed Amount, and (B) the sum of the aggregate outstanding principal amount of Revolving Loans PLUS LOC Obligations PLUS Swingline Loans shall not exceed the Revolving Committed Amount”). The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Alternate Base Rate Loans or Eurodollar LIBOR Rate Loans, or a combination thereof, as the Administrative Borrower may request; PROVIDED, HOWEVER, that no more than 15 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof. LIBOR Rate Loans shall be made by each Lender at its LIBOR Lending Office and Alternate Base Rate Loans at its Domestic Lending Office.

Appears in 1 contract

Sources: Credit Agreement (Alliance One International, Inc.)

Revolving Commitment. Subject During the Commitment Period, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Revolving Lender severally severally, but not jointly, agrees to make available revolving credit loans (“Revolving Loans”) in Dollars and in Foreign Currencies to the Borrower such Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANS") from time to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDED, HOWEVER, that the sum of the in an aggregate outstanding principal amount of Revolving Loans shall not exceed ONE up to FOUR HUNDRED SIXTY MILLION DOLLARS ($100,000,000460,000,000) (as increased from time to time as provided in Section 2.22 and as such aggregate maximum amount may be reduced from time to time as provided in Section 3.42.6, the "REVOLVING COMMITTED AMOUNT"“Revolving Committed Amount”) for the purposes hereinafter set forth (such facility, the “Revolving Facility”); PROVIDEDprovided, FURTHERhowever, that (Ai) with regard to each Revolving Lender individually, the sum of such Revolving Lender's ’s Commitment Percentage of the aggregate principal amount of outstanding Revolving Loans plus such Revolving Lender’s Commitment Percentage of outstanding Swingline Loans plus such Revolving Lender’s Commitment Percentage of outstanding LOC Obligations shall not exceed such Revolving Lender's ’s Revolving Commitment Percentage of Commitment, (ii) with regard to the Revolving Committed AmountLenders collectively, and (B) the sum of the aggregate outstanding principal amount of outstanding Revolving Loans PLUS plus outstanding Swingline Loans plus outstanding LOC Obligations PLUS Swingline Loans shall not exceed the Revolving Committed Amount. The initial advance Amount then in effect and (iii) the aggregate principal amount of the outstanding Revolving Loans on denominated in a Foreign Currency, together with the Closing Date outstanding LOC Obligations with respect to Letters of Credit denominated in a Foreign Currency, shall consist solely of Base Rate Loansnot exceed the Foreign Currency Sublimit. Thereafter, Revolving Loans may consist of Alternate Base Rate Loans or Eurodollar LIBOR Rate Loans, or a combination thereof, as the Borrower may request; PROVIDED, HOWEVER, that no more than 15 Eurodollar request and Revolving Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar denominated in a Foreign Currency may consist of only LIBOR Rate Loans, even if they begin on the same dateand in each case, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof; provided, however, the Revolving Loans made on the Closing Date or any of the three (3) Business Days following the Closing Date, may only consist of Alternate Base Rate Loans unless the Borrower delivers a funding indemnity letter, substantially in the form of Exhibit 2.1(a), reasonably acceptable to the Administrative Agent not less than three (3) Business Days prior to the Closing Date. LIBOR Rate Loans shall be made by each Revolving Lender at its LIBOR Lending Office and Alternate Base Rate Loans at its Domestic Lending Office.

Appears in 1 contract

Sources: Credit Agreement (Esterline Technologies Corp)

Revolving Commitment. Subject Revolving A Loans. During the Commitment Period, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Revolving A Lender severally severally, but not jointly, agrees to make available to the Borrower such Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANS"“Revolving A Loans”) to the Company from time to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDED, HOWEVER, that the sum of the in an aggregate outstanding principal amount of Revolving Loans shall not exceed ONE up to THREE HUNDRED MILLION DOLLARS ($100,000,000300,000,000) (as increased from time to time as provided in Section 2.2 and as such aggregate maximum amount may be reduced from time to time as provided in Section 3.42.6, the "REVOLVING COMMITTED AMOUNT"“Revolving A Committed Amount”) for the purposes hereinafter set forth (such facility, the “Revolving A Facility”); PROVIDEDprovided, FURTHERhowever, that (Aii) with regard to each Revolving A Lender individually, the sum of such Lender's ’s Revolving A Commitment Percentage of the aggregate principal amount of outstanding Revolving A 3251155352.2 DMSLIBRARY01\31771180.v14 Loans plus such Lender’s Revolving A Commitment Percentage of outstanding Swingline Loans plus such Lender’s Revolving A Commitment Percentage of outstanding LOC Obligations shall not exceed such Lender's ’s Revolving A Commitment Percentage of and (iiii) with regard to the Revolving Committed AmountA Lenders collectively, and (B) the sum of the aggregate outstanding principal amount of outstanding Revolving A Loans PLUS plus outstanding Swingline Loans plus outstanding LOC Obligations PLUS Swingline Loans shall not exceed the Revolving A Committed AmountAmount then in effect. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving A Loans may consist of Base Rate Loans or Eurodollar LIBOR Rate Loans, or a combination thereof, as the Borrower Company may request; PROVIDED, HOWEVER, that no more than 15 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof; provided, however, the Revolving A Loans made on the Closing Date or any of the three (3) Business Days following the Closing Date, may only consist of Base Rate Loans unless the Company delivers a funding indemnity letter, substantially in the form of Exhibit 2.1(a), reasonably acceptable to the Agent not less than three (3) Business Days prior to the Closing Date.

Appears in 1 contract

Sources: Credit Agreement (Universal Health Realty Income Trust)

Revolving Commitment. Subject During the Commitment Period, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Lender severally agrees to make available to the Borrower such Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower (i) in Dollars and in Foreign Currencies to the Company, ("REVOLVING LOANS"ii) in Swiss Francs to the Swiss Borrower, and (iii) in Japanese Yen to the Japanese Borrower from time to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDED, HOWEVER, that the sum in an aggregate principal Dollar Amount of the aggregate outstanding principal amount of Revolving Loans shall not exceed ONE up to TWO HUNDRED SEVENTY MILLION DOLLARS ($100,000,000270,000,000) (as such aggregate maximum amount may be reduced from time to time as provided in Section 3.42.5, the "REVOLVING COMMITTED AMOUNT")“Aggregate Revolving Committed Amount”) for the purposes hereinafter set forth; PROVIDEDprovided, FURTHERhowever, that (i) the aggregate principal Dollar Amount of revolving credit loans made to the Swiss Borrower in Swiss Francs shall not exceed $100,000,000, (Aii) the aggregate principal Dollar Amount of revolving credit loans made to the Japanese Borrower in Japanese Yen shall not exceed $100,000,000; (iii) the aggregate principal Dollar Amount of revolving credit loans made to the Company in all Foreign Currencies shall not exceed $200,000,000, (iv) the aggregate Dollar Amount of revolving credit loans made to all of the Borrowers in all Foreign Currencies shall not at any time exceed $200,000,000, (v) with regard to each Lender individually, the aggregate principal Dollar Amount (determined as of the most recent Determination Date) of such Lender's ’s Revolving Commitment Percentage of outstanding Revolving Loans (including, without limitation, Fronted Foreign Currency Loans) plus such Lender’s Revolving Commitment Percentage of outstanding Swingline Loans plus such Lender’s LOC Commitment Percentage of LOC Obligations shall not exceed such Lender's Revolving Commitment Percentage of the ’s Revolving Committed Amount, and (Bvi) with regard to the sum Lenders collectively, the aggregate principal Dollar Amount (determined as of the aggregate most recent Determination Date) of the outstanding principal amount of Revolving Loans PLUS plus outstanding Swingline Loans plus LOC Obligations PLUS Swingline Loans shall not exceed the Aggregate Revolving Committed Amount. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Base Rate Loans or Eurodollar LIBOR Rate Loans, or a combination thereof, as the applicable Borrower may request; PROVIDED, HOWEVER, that no more than 15 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof; provided, however, (A) Revolving Loans denominated in Foreign Currencies shall consist solely of LIBOR Rate Loans and (B) Revolving Loans made on the Closing Date or on any of the three Business Days following the Closing Date may only consist of Alternate Base Rate Loans unless the applicable Borrower executes a funding indemnity letter in form and substance satisfactory to the Administrative Agent. LIBOR Rate Loans shall be made by each Lender at its LIBOR Lending Office and Alternate Base Rate Loans at its Domestic Lending Office.

Appears in 1 contract

Sources: Credit Agreement (Ims Health Inc)

Revolving Commitment. Subject During the Commitment Period, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Lender severally agrees to make available revolving credit loans (“Revolving Loans”) to the Borrower such Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANS") from time to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDED, HOWEVER, that the sum of the in an aggregate outstanding principal amount of Revolving Loans shall not exceed up to ONE HUNDRED FIFTY MILLION DOLLARS ($100,000,000150,000,000) (as such aggregate maximum amount may be reduced from time to time as provided in Section 3.42.6 or increased from time to time as provided in Section 2.4, the "REVOLVING COMMITTED AMOUNT")“Aggregate Revolving Committed Amount”) for the purposes hereinafter set forth; PROVIDEDprovided, FURTHERhowever, that (Ai) with regard to each Lender individually, the aggregate principal amount of such Lender's ’s Revolving Commitment Percentage of outstanding Revolving Loans plus such Lender’s Revolving Commitment Percentage of outstanding Swingline Loans plus such Lender’s Revolving Commitment Percentage of LOC Obligations shall not exceed such Lender's Revolving Commitment Percentage of the ’s Revolving Committed Amount, and (Bii) with regard to the sum of Lenders collectively, the aggregate outstanding principal amount of the outstanding Revolving Loans PLUS plus outstanding Swingline Loans plus outstanding LOC Obligations PLUS Swingline Loans shall not exceed the Aggregate Revolving Committed Amount. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Alternate Base Rate Loans or Eurodollar LIBOR Rate Loans, or a combination thereof, as the Borrower may request; PROVIDED, HOWEVER, that no more than 15 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof; provided, however, Revolving Loans made on the Closing Date or on any of the three Business Days following the Closing Date may only consist of Alternate Base Rate Loans unless the Borrower executes a funding indemnity letter in form and substance satisfactory to the Administrative Agent. LIBOR Rate Loans shall be made by each Lender at its LIBOR Lending Office and Alternate Base Rate Loans at its Domestic Lending Office.

Appears in 1 contract

Sources: Credit Agreement (Louisiana-Pacific Corp)

Revolving Commitment. Subject During the Commitment Period, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Revolving Lender severally severally, but not jointly, agrees to make available to the Borrower such Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANSRevolving Loans") to the Borrower from time to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDED, HOWEVER, that the sum of the in an aggregate outstanding principal amount of Revolving Loans shall not exceed ONE up to FOUR HUNDRED TWENTY-FIVE MILLION DOLLARS ($100,000,000425,000,000) (as such aggregate maximum amount may be reduced from time to time as provided in Section 3.42.6, the "REVOLVING COMMITTED AMOUNTRevolving Committed Amount")) for the purposes hereinafter set forth; PROVIDEDprovided, FURTHERhowever, that (Ai) with regard to each Revolving Lender individually, the sum of such Lender's outstanding Revolving Loans shall not exceed such Lender's Revolving Commitment Percentage of the aggregate principal amount of outstanding Revolving Committed Amount, Loans plus such Revolving Lender's Revolving Commitment Percentage of outstanding Swingline Loans plus such Revolving Lender's Revolving Commitment Percentage of outstanding LOC Obligations shall not exceed such Revolving Lender's Revolving Commitment and (Bii) with regard to the Revolving Lenders collectively, the sum of the aggregate outstanding principal amount of outstanding Revolving Loans PLUS plus outstanding Swingline Loans plus outstanding LOC Obligations PLUS Swingline Loans shall not exceed the Revolving Committed AmountAmount then in effect. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Alternate Base Rate Loans or Eurodollar LIBOR Rate Loans, or a combination thereof, as the Borrower may request; PROVIDED, HOWEVER, that no more than 15 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof; provided, however, the Revolving Loans made on the Closing Date or any of the three (3) Business Days following the Closing Date, may only consist of Alternate Base Rate Loans unless the Borrower delivers a funding indemnity letter, substantially in the form of Exhibit 2.1(a), reasonably acceptable to the Administrative Agent not less than three (3) Business Days prior to the Closing Date; provided, further, that any such Alternate Base Rate Loans may be converted to LIBOR Rate Loans in accordance with Section 2.9. LIBOR Rate Loans shall be made by each Revolving Lender at its LIBOR Lending Office and Alternate Base Rate Loans at its Domestic Lending Office.

Appears in 1 contract

Sources: Credit Agreement (Armor Holdings Inc)

Revolving Commitment. Subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth herein, each Revolving Lender severally agrees to make available to the Borrower such Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANSRevolving Loans") to the Borrowers from time to time from the Closing Date until the Maturity Termination Date, or such earlier date as the Revolving Commitments shall have been terminated as provided hereinherein for the purposes hereinafter set forth; PROVIDEDprovided, HOWEVERhowever, that the sum of the aggregate outstanding principal amount of outstanding Revolving Loans shall not exceed ONE the Revolving Committed Amount and; provided, further, (i) with regard to each Revolving Lender individually, such Revolving Lender's share of outstanding Revolving Loans shall not exceed such Revolving Lender's Revolving Commitment Percentage of the Revolving Committed Amount, (ii) with regard to the Revolving Lenders collectively, the aggregate principal amount of outstanding Revolving Obligations shall no exceed TWO HUNDRED TWENTY MILLION DOLLARS ($100,000,000220,000,000) (as such aggregate maximum amount may be reduced from time to time as provided in Section 3.4, the "REVOLVING COMMITTED AMOUNTRevolving Committed Amount"); PROVIDED, FURTHER, ) and (Aiii) with regard to each Lender individuallythe Revolving Lenders collectively, such Lender's outstanding Revolving Loans shall not exceed such Lender's Revolving Commitment Percentage the aggregate principal amount of the Revolving Committed Amount, and (B) the sum of the aggregate outstanding principal amount of Revolving Loans PLUS LOC Obligations PLUS Swingline Loans shall not exceed the Revolving Committed Amount. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Base Rate Loans or Eurodollar Loans, or a combination thereof, as the Borrower Borrowers may request, and may be repaid and reborrowed in accordance with the provisions hereof; PROVIDEDprovided, HOWEVERhowever, that no more than 15 six Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for time. For purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same datedate and have the same duration, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof.

Appears in 1 contract

Sources: Credit Agreement (Speedway Motorsports Inc)

Revolving Commitment. Subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth herein, each Lender severally agrees to make available to the Borrower such Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANSRevolving Loans") up to such Lender's Revolving Commitment from time to time from the Closing Date until the Maturity Termination Date, or such earlier date as the Revolving Commitments shall have been terminated as provided hereinherein for the purposes hereinafter set forth; PROVIDEDprovided, HOWEVERhowever, that the sum of the aggregate outstanding principal amount of outstanding Revolving Loans shall not exceed ONE FOUR HUNDRED MILLION DOLLARS ($100,000,000400,000,000.00) (as such aggregate maximum amount may be reduced from time to time as provided in Section Sections 3.3 and 3.4, the "REVOLVING COMMITTED AMOUNTRevolving Committed Amount"); PROVIDEDprovided, FURTHERfurther, (Ai) with regard to each Lender individually, such Lender's outstanding Revolving Loans shall not exceed such Lender's Revolving Commitment Percentage of the Revolving Committed AmountCommitment, and (Bii) with regard to the sum of Lenders collectively, the aggregate outstanding principal amount of outstanding Revolving Loans PLUS LOC Obligations PLUS plus the aggregate principal amount of outstanding Competitive Loans plus the aggregate principal amount of outstanding Swingline Loans shall not exceed the Revolving Committed Amount. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Base Rate Loans or Eurodollar Loans, or a combination thereof, as the Borrower may request, and may be repaid and reborrowed in accordance with the provisions hereof; PROVIDEDprovided, HOWEVERhowever, that no more than 15 25 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for time. For purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof.

Appears in 1 contract

Sources: Credit Agreement (Autozone Inc)

Revolving Commitment. Subject During the Commitment Period, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Revolving Lender severally severally, but not jointly, agrees to make available revolving credit loans ("Revolving Loans") to the Borrower such Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANS") from time to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDED, HOWEVER, that the sum of the in an aggregate outstanding principal amount of Revolving Loans shall not exceed ONE HUNDRED MILLION up to FIFTEEN Million DOLLARS ($100,000,00015,000,000) (as such aggregate maximum amount may be reduced from time to time as provided in Section 3.42.6, the "REVOLVING COMMITTED AMOUNTRevolving Committed Amount")) for the purposes hereinafter set forth; PROVIDEDprovided, FURTHERhowever, that (Ai) with regard to each Revolving Lender individually, the sum of such Lender's outstanding Revolving Loans shall not exceed such Lender's Revolving Commitment Percentage of outstanding Revolving Loans plus such Revolving Lender's Revolving Commitment Percentage of outstanding Swingline Loans plus such Revolving Lender's Revolving Commitment Percentage of LOC Obligations shall not exceed such Revolving Lender's Revolving Commitment and (ii) with regard to the Revolving Committed AmountLenders collectively, and (B) the sum of the aggregate outstanding principal amount of Revolving Loans PLUS plus outstanding Swingline Loans plus LOC Obligations PLUS Swingline Loans shall not exceed the Revolving Committed Amount. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Alternate Base Rate Loans or Eurodollar LIBOR Rate Loans, or a combination thereof, as the Borrower may request; PROVIDED, HOWEVER, that no more than 15 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof; provided, however, Revolving Loans made on the Closing Date or on any of the three (3) Business Days following the Closing Date may only consist of Alternate Base Rate Loans. LIBOR Rate Loans shall be made by each Revolving Lender at its LIBOR Lending Office and Alternate Base Rate Loans at its Domestic Lending Office.

Appears in 1 contract

Sources: Credit Agreement (Orthofix International N V)

Revolving Commitment. Subject During the Commitment Period, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Revolving Lender severally severally, but not jointly, agrees to make available revolving credit loans in Dollars (together with all such revolving loans collectively as the context requires, the “Revolving Loans”) to the Borrower such Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANS") from time to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDED, HOWEVER, that the sum of the in an aggregate outstanding principal amount of Revolving Loans shall not exceed up to ONE HUNDRED TWENTY-FIVE MILLION DOLLARS ($100,000,000125,000,000) (as increased from time to time as provided in Section 2.22, as such aggregate maximum amount may be reduced from time to time as provided in Section 3.42.6 and, except where context otherwise dictates, reflecting any amount under any Replacement Revolving Commitment Series, the "REVOLVING COMMITTED AMOUNT"“Revolving Committed Amount”) for the purposes hereinafter set forth (such facility, including any Revolving Facility Increase established pursuant to Section 2.22 and together with, except where context otherwise dictates, each Extended Revolving Commitment and Replacement Revolving Commitment Series, the “Revolving Facility”); PROVIDEDprovided, FURTHERhowever, that (Ai) with regard to each Revolving Lender individually, the sum of such Revolving Lender's outstanding Revolving Loans shall not exceed such Lender's ’s Revolving Commitment Percentage of the aggregate principal amount of outstanding Revolving Committed Amount, Loans plus such Lender’s Revolving Commitment Percentage of outstanding LOC Obligations shall not exceed such Revolving Lender’s Revolving Commitment and (Biii) with regard to the Revolving Lenders collectively, the sum of the aggregate outstanding principal amount of outstanding Revolving Loans PLUS plus outstanding LOC Obligations PLUS Swingline Loans shall not exceed the Revolving Committed AmountAmount then in effect. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Alternate Base Rate Loans or Eurodollar LIBOR Rate Loans, or a combination thereof, as the Borrower may request; PROVIDED, HOWEVER, that no more than 15 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof; provided, however, the Revolving Loans made on any of the three (3) Business Days following the Closing Date, may only consist of Alternate Base Rate Loans unless the Borrower delivers a funding indemnity letter, substantially in the form of Exhibit 2.1(a), reasonably acceptable to the Administrative Agent not less than three (3) Business Days prior to the requested borrowing date. LIBOR Rate Loans shall be made by each Revolving Lender at its LIBOR Lending Office and Alternate Base Rate Loans at its Domestic Lending Office.

Appears in 1 contract

Sources: Credit Agreement (Carrols Restaurant Group, Inc.)

Revolving Commitment. Subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth herein, each Lender severally agrees to make available to the Borrower Borrowers such Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower Borrowers in Dollars ("REVOLVING LOANSRevolving Loans") from time to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided hereinherein for the purposes hereinafter set forth; PROVIDEDprovided, HOWEVERhowever, that the sum of the aggregate outstanding principal amount of outstanding Revolving Loans shall not exceed ONE SIX HUNDRED MILLION DOLLARS ($100,000,000600,000,000) (as such aggregate maximum amount may be reduced from time to time as provided in Section 3.4, the "REVOLVING COMMITTED AMOUNTRevolving Committed Amount"); PROVIDEDprovided, FURTHERfurther, (Ai) with regard to each Lender individually, such Lender's outstanding Revolving Loans shall not exceed such Lender's Revolving Commitment Percentage of the Revolving Committed Amount, and (Bii) with regard to the sum of Lenders collectively, the aggregate outstanding principal amount of outstanding Revolving Loans PLUS plus the aggregate principal amount of outstanding Competitive Loans plus the aggregate principal amount of outstanding Swingline Loans plus LOC Obligations PLUS Swingline Loans outstanding shall not exceed the Revolving Committed Amount. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Base Rate Loans or Eurodollar Loans, or a combination thereof, as the Borrower Borrowers may request, and may be repaid and reborrowed in accordance with the provisions hereof; PROVIDEDprovided, HOWEVERhowever, that no more than 15 ten (10) Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for time. For purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof.

Appears in 1 contract

Sources: Credit Agreement (Highwoods Properties Inc)

Revolving Commitment. Subject During the Commitment Period, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Revolving Lender severally agrees to make available revolving credit loans (collectively, “Revolving Loans” and each a “Revolving Loan ”) to the Borrower such Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANS") from time to time from for the Closing Date until the Maturity Datepurposes hereinafter set forth; provided, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDED, HOWEVERhowever, that the sum of the aggregate outstanding principal amount of Revolving Loans shall not exceed ONE HUNDRED MILLION DOLLARS ($100,000,000) (as such aggregate maximum amount may be reduced from time to time as provided in Section 3.4, the "REVOLVING COMMITTED AMOUNT"); PROVIDED, FURTHER, (Ai) with regard to each Revolving Lender individually, the sum of such Revolving Lender's ’s outstanding Revolving Loans plus such Revolving Lender’s LOC Commitment Percentage of LOC Obligations plus such Revolving Lender’s participations in outstanding Swingline Loans such shall not exceed such Revolving Lender's ’s Revolving Commitment Percentage of the Revolving Committed Amount, Amount and (Bii) with regard to the Revolving Lenders collectively, the sum of the aggregate outstanding principal amount of outstanding Revolving Loans PLUS plus LOC Obligations PLUS plus Swingline Loans shall not exceed the Revolving Committed Amount. The initial advance For purposes hereof, the aggregate principal amount of the Revolving Loans on plus LOC Obligations plus the Closing Date Swingline Loans that may be outstanding at any time under this Section 2.1 shall consist solely of Base Rate Loansnot exceed THREE HUNDRED FIFTY MILLION DOLLARS ($350,000,000) (as such aggregate maximum amount may be increased or reduced from time to time as provided in Section 2.5 or 2.22, the “Revolving Committed Amount”). Thereafter, Revolving Loans may consist of Alternate Base Rate Loans, LIBOR Rate Loans or Eurodollar LIBOR Market Index Rate Loans, or a combination thereof, as the Borrower may request; PROVIDED, HOWEVER, that no more than 15 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof. LIBOR Rate Loans shall be made by each Lender at its LIBOR Lending Office and Alternate Base Rate Loans and LIBOR Market Index Rate Loans at its Domestic Lending Office.

Appears in 1 contract

Sources: Credit Agreement (Ruddick Corp)

Revolving Commitment. Subject During the Commitment Period, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Lender severally agrees to make available revolving credit loans ("REVOLVING LOANS") to the Borrower from time to time for the purposes hereinafter set forth; PROVIDED, HOWEVER, that (i) with regard to each Lender individually, the sum of such Lender's share of outstanding Revolving Loans PLUS such Lender's Revolving Commitment Percentage of revolving credit loans requested by Swingline Loans PLUS such Lender's LOC Commitment Percentage of LOC Obligations shall not exceed such Lender's Revolving Commitment Percentage of the Borrower in Dollars aggregate Revolving Committed Amount, and ("REVOLVING LOANS"ii) from time with regard to time from the Closing Date until the Maturity DateLenders collectively, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDED, HOWEVER, that the sum of the aggregate outstanding principal amount of outstanding Revolving Loans PLUS Swingline Loans PLUS LOC Obligations shall not exceed ONE HUNDRED the lesser of (A) the Revolving Committed Amount and (B) the Borrowing Base. For purposes hereof, the aggregate amount available hereunder shall be FIFTEEN MILLION DOLLARS ($100,000,00015,000,000) (as such aggregate maximum amount may be reduced from time to time as provided in Section 3.42.6, the "REVOLVING COMMITTED AMOUNT"); PROVIDED, FURTHER, (A) with regard to each Lender individually, such Lender's outstanding Revolving Loans shall not exceed such Lender's Revolving Commitment Percentage of the Revolving Committed Amount, and (B) the sum of the aggregate outstanding principal amount of Revolving Loans PLUS LOC Obligations PLUS Swingline Loans shall not exceed the Revolving Committed Amount. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Alternate Base Rate Loans or Eurodollar LIBOR Rate Loans, or a combination thereof, as the Borrower may request; PROVIDED, HOWEVER, that no more than 15 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof. Notwithstanding any provision herein to the contrary, provided that each of the Lenders shall be able to provide LIBOR Rate Loans having an Interest Period of fourteen (14) days, (x) the initial LIBOR borrowings under Section 2.1 shall be made as LIBOR Rate Loans having an Interest Period of fourteen (14) days and (y) subsequent to such initial LIBOR Rate Loan borrowings but prior to the earlier to occur of (I) the closing of the initial syndication of the Commitment and (II) the sixtieth (60th) day following the Funding Date, all LIBOR Rate Loans under Section 2.1 shall be continued, at the Borrower's election, as LIBOR Rate Loans having an Interest Period of fourteen (14) days. All LIBOR Rate Loans having an Interest Period of fourteen (14) days shall bear interest at the same rate as LIBOR Rate Loans having an Interest Period of one month. LIBOR Rate Loans shall be made by each Lender at its LIBOR Lending Office and Alternate Base Rate Loans at its Domestic Lending Office.

Appears in 1 contract

Sources: Credit Agreement (TTM Technologies Inc)

Revolving Commitment. Subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth herein, each Lender severally agrees to make available to the Borrower such Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANSRevolving Loans") up to such Lender's Revolving Commitment from time to time from the Closing Date until the Maturity Termination Date, or such earlier date as the Revolving Commitments shall have been terminated as provided hereinherein for the purposes hereinafter set forth; PROVIDEDprovided, HOWEVERhowever, that the sum of the aggregate outstanding principal amount of outstanding Revolving Loans shall not exceed ONE SIX HUNDRED FIFTY MILLION DOLLARS ($100,000,000650,000,000.00) (as such aggregate maximum amount may be reduced or increased from time to time as provided in Section Sections 3.3 and 3.4, the "REVOLVING COMMITTED AMOUNTRevolving Committed Amount"); PROVIDEDprovided, FURTHERfurther, (Ai) with regard to each Lender individually, such Lender's outstanding Revolving Loans shall not exceed such Lender's Revolving Commitment Percentage of the Revolving Committed AmountCommitment, and (Bii) with regard to the sum of Lenders collectively, the aggregate outstanding principal amount of outstanding Revolving Loans PLUS LOC Obligations PLUS plus the aggregate principal amount of outstanding Competitive Loans plus the aggregate principal amount of outstanding Swingline Loans shall not exceed the Revolving Committed Amount. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Base Rate Loans or Eurodollar Loans, or a combination thereof, as the Borrower may request, and may be repaid and reborrowed in accordance with the provisions hereof; PROVIDEDprovided, HOWEVERhowever, that no more than 15 25 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for time. For purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof.

Appears in 1 contract

Sources: Credit Agreement (Autozone Inc)

Revolving Commitment. Subject During the Revolver Commitment Period, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Revolving Lender severally severally, but not jointly, agrees to make available to the Borrower such Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANS"“Revolving Loans”) to the Borrowers from time to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDED, HOWEVER, that the sum of the in an aggregate outstanding principal amount of Revolving Loans shall not exceed up to ONE HUNDRED MILLION DOLLARS ($100,000,000) (as such aggregate maximum amount may be reduced from time to time as provided in Section 3.42.6, the "REVOLVING COMMITTED AMOUNT")“Revolving Committed Amount”) for the purposes hereinafter set forth; PROVIDEDprovided, FURTHERhowever, that (Ai) with regard to each Revolving Lender individually, the sum of such Revolving Lender's ’s Revolving Commitment Percentage of the aggregate principal amount of outstanding Revolving Loans shall not exceed such Revolving Lender's ’s Revolving Commitment Percentage of and (ii) with regard to the Revolving Committed AmountLenders collectively, and (B) the sum of the aggregate outstanding principal amount of outstanding Revolving Loans PLUS LOC Obligations PLUS Swingline Loans shall not exceed the Revolving Committed AmountAmount then in effect. The initial advance of No Revolving Loan shall be made by any Revolving Lender if (i) such Revolving Loan and the Revolving Loans on Loan Collateral therefor are not approved by the Closing Date shall consist solely Administrative Agent in its discretion, (ii) before or after giving effect to such Revolving Loan, the Availability is or would be negative and/or (iii) the conditions to Extensions of Base Rate Loans. Thereafter, Revolving Loans may consist of Base Rate Loans or Eurodollar Loans, or a combination thereof, as the Borrower may request; PROVIDED, HOWEVER, that no more than 15 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, Credit in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period)Section 4.2 are not satisfied. Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereofhereof and will consist only of LIBOR Rate Loans; provided, however, that if the LIBOR Rate is not available, all LIBOR Rate Loans shall accrue interest at the Alternate Base Rate until such time as the LIBOR Rate is available. LIBOR Rate Loans shall be made by each Revolving Lender at its LIBOR Lending Office.

Appears in 1 contract

Sources: Credit Agreement (Gramercy Capital Corp)

Revolving Commitment. Subject During the Commitment Period, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Lender severally agrees to make available revolving credit loans ("Revolving Loans") to the Borrower Borrowers from time to time for the purposes hereinafter set forth; provided, however, that (i) with regard to each Lender individually, the sum of such Lender's share of outstanding Revolving Loans plus such Lender's Revolving Commitment Percentage of revolving credit loans requested by Swingline Loans plus such Lender's LOC Commitment Percentage of LOC Obligations shall not exceed such Lender's Revolving Commitment Percentage of the Borrower in Dollars aggregate Revolving Committed Amount, ("REVOLVING LOANS"ii) from time with regard to time from the Closing Date until the Maturity DateLenders collectively, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDED, HOWEVER, that the sum of the aggregate amount of outstanding principal Revolving Loans plus Swingline Loans plus LOC Obligations shall not exceed the aggregate Revolving Committed Amount then in effect, (iii) the Borrowers shall not request, nor shall the Lenders be obligated to provide, Revolving Loans (A) prior to May 16, 2003 or (B) on or after May 16, 2003 if (x) prior to any Revolving Loan borrowing request the Credit Parties collectively hold cash and Cash Equivalents (other than Restricted Cash) in excess of $10,000,000 or (y) after giving effect to any Revolving Loan borrowing request the Credit Parties collectively hold cash and Cash Equivalents (other than Restricted Cash) in excess of $20,000,000 or (z) the Credit Parties have failed to furnish to the Administrative Agent and the Lenders any financial information or notice required to be furnished pursuant to Article VI, including without limitation, the most recent Officer's Compliance Certificate demonstrating compliance with each of the financial covenants set forth in Article VIII and (iv) after the Fourth Amendment Effective Date the aggregate amount of Revolving Loans outstanding shall not exceed ONE HUNDRED the following amounts on or prior to the following dates: ----------------------------------------- ------------------ Maximum Amount Date of Revolving Loans ----------------------------------------- ------------------ June 30, 2003 $16,000,000 ----------------------------------------- ------------------ September 30, 2003 $26,000,000 ----------------------------------------- ------------------ December 31, 2003 $33,000,000 ----------------------------------------- ------------------ March 31, 2004 $52,000,000 ----------------------------------------- ------------------ For purposes hereof, the aggregate amount available hereunder shall be NINETY-FIVE MILLION DOLLARS ($100,000,00095,000,000) (as such aggregate maximum amount may be reduced from time to time as provided in Section 3.43.2, the "REVOLVING COMMITTED AMOUNT"); PROVIDED, FURTHER, (A) with regard to each Lender individually, such Lender's outstanding Revolving Loans shall not exceed such Lender's Revolving Commitment Percentage of the Revolving Committed Amount, and (B) the sum of the aggregate outstanding principal amount of Revolving Loans PLUS LOC Obligations PLUS Swingline Loans shall not exceed the Revolving Committed Amount"). The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Alternate Base Rate Loans or Eurodollar LIBOR Rate Loans, or a combination thereof, as the Borrower Borrowers may request; PROVIDED, HOWEVER, that no more than 15 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof.. ************

Appears in 1 contract

Sources: Credit Agreement (Horizon PCS Inc)

Revolving Commitment. Subject During the Commitment Period, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth herein, each Lender which has a Revolving Commitment severally agrees to make available revolving credit loans ("Revolving Loans") to the Borrower from time to time for the purposes hereinafter set forth; provided, however, that (i) with regard to each Lender individually, the sum of such Lender's share of outstanding Revolving Loans plus such Lender's LOC Commitment Percentage of LOC Obligations plus the sum of such Lender's share of outstanding Swingline Loans shall not exceed such Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower aggregate Revolving Committed Amount then in Dollars effect, and ("REVOLVING LOANS"ii) from time with regard to time from the Closing Date until the Maturity DateLenders collectively, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDED, HOWEVER, that the sum of the aggregate outstanding principal amount of outstanding Revolving Loans plus LOC Obligations plus the outstanding Swingline Loans shall not exceed ONE HUNDRED MILLION the lesser of (A) the Borrowing Base and (B) the aggregate Revolving Committed Amount then in effect. For purposes hereof, the aggregate amount available hereunder shall be no more than ninety Million DOLLARS ($100,000,00090,000,000) (as such aggregate maximum amount may be reduced from time to time as provided in Section 3.42.6, the "REVOLVING COMMITTED AMOUNT"); PROVIDED, FURTHER, (A) with regard to each Lender individually, such Lender's outstanding Revolving Loans shall not exceed such Lender's Revolving Commitment Percentage of the Revolving Committed Amount, and (B) the sum of the aggregate outstanding principal amount of Revolving Loans PLUS LOC Obligations PLUS Swingline Loans shall not exceed the Revolving Committed Amount"). The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Alternate Base Rate Loans or Eurodollar LIBOR Rate Loans, or a combination thereof, as the Borrower may request; PROVIDED, HOWEVER, that no more than 15 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof. LIBOR Rate Loans shall be made by each Lender at its LIBOR Lending Office and Alternate Base Rate Loans at its Domestic Lending Office. Notwithstanding any provision herein to the contrary, the initial borrowings under this Agreement, if any, made on the Closing Date shall be made as Alternate Base Rate Loans and LIBOR Rate Loans may be made only on the third Business Day following the Closing Date and at any time thereafter in accordance with the provisions of this Agreement.

Appears in 1 contract

Sources: Credit Agreement (Right Management Consultants Inc)

Revolving Commitment. Subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth herein, each Lender with a Revolving Commitment severally agrees to make available to the Borrower such Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANSRevolving Loans") from time to time from the Closing Date until the Maturity Revolving Loan Termination Date, or such earlier date as the Revolving Commitments shall have been terminated as provided hereinherein for the purposes hereinafter set forth; PROVIDEDprovided, HOWEVERhowever, that the sum of the aggregate outstanding principal amount of Revolving Loans Credit Facility Obligations shall not at any time exceed ONE HUNDRED FIFTEEN MILLION DOLLARS ($100,000,00015,000,000) (as such aggregate maximum amount may be reduced from time to time as provided in Section 3.43.04, the "REVOLVING COMMITTED AMOUNTRevolving Committed Amount"); PROVIDEDprovided, FURTHERfurther, (A) with regard to each Lender with a Revolving Commitment individually, that such Lender's outstanding Revolving Loans plus Participation Interests in outstanding LOC Obligations plus Participation Interests in outstanding Swingline Loans shall not at any time exceed such Lender's Revolving Commitment Percentage of the Revolving Committed Amount, and (B) the sum of the aggregate outstanding principal amount of Revolving Loans PLUS LOC Obligations PLUS Swingline Loans shall not exceed the Revolving Committed Amount. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Base Rate Loans or Eurodollar Rate Loans, or a combination thereof, as the Borrower may request, and may be repaid and reborrowed in accordance with the provisions hereof; PROVIDEDprovided, HOWEVERhowever, that the Revolving Loans outstanding at any time shall consist of no more than 15 six (6) separate Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for Rate Loans. For purposes hereof, Eurodollar Rate Loans with different Interest Periods shall be considered as separate Eurodollar Rate Loans, even if they begin on the same date, although borrowings, extensions and conversions borrowings of Eurodollar Rate Loans of any Class may, in accordance with the provisions hereof, be combined through Extensions or Conversions at the end of existing Interest Periods to constitute a single new Eurodollar Rate Loan of such Class with a single the same Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof.

Appears in 1 contract

Sources: Senior Credit Agreement (Compbenefits Corp)

Revolving Commitment. Subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth herein, each Revolving Lender severally agrees to make available to the Borrower such Lender's Revolving Commitment Percentage of revolving credit loans requested by (“Revolving Loans”) to the Borrower in Dollars ("REVOLVING LOANS") Borrowers from time to time from the Closing Effective Date until the Maturity Termination Date, or such earlier date as the Revolving Commitments shall have been terminated as provided hereinherein for the purposes hereinafter set forth; PROVIDEDprovided, HOWEVERhowever, that the sum of the aggregate outstanding principal amount of outstanding Revolving Loans shall not exceed the Revolving Committed Amount and; provided, further, (i) with regard to each Revolving Lender individually, such Lender’s share of outstanding Revolving Obligations shall not exceed such Lender’s Revolving Commitment Percentage of the Revolving Committed Amount, (ii) with regard to the Revolving Lenders collectively, the aggregate principal amount of outstanding Revolving Obligations shall not exceed ONE HUNDRED MILLION DOLLARS ($100,000,000) (as such aggregate maximum amount may be reduced from time to time be increased pursuant to Section 2.6 or reduced as provided in Section 3.4, the "REVOLVING COMMITTED AMOUNT"); PROVIDED, FURTHER, “Revolving Committed Amount”) and (Aiii) with regard to each Lender individuallythe Revolving Lenders collectively, such Lender's outstanding Revolving Loans shall not exceed such Lender's Revolving Commitment Percentage the aggregate principal amount of the Revolving Committed Amount, and (B) the sum of the aggregate outstanding principal amount of Revolving Loans PLUS LOC Obligations PLUS Swingline Loans shall not exceed the Revolving Committed Amount. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Base Rate Loans or Eurodollar Loans, or a combination thereof, as the Borrower Borrowers may requestrequest and may be repaid and reborrowed in accordance with the provisions hereof; PROVIDEDprovided, HOWEVERhowever, that no more than 15 six Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for with respect to Revolving Loans. For purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same datedate and have the same duration, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof.

Appears in 1 contract

Sources: Credit Agreement (Speedway Motorsports Inc)

Revolving Commitment. Subject Prior to the Commitment Termination Date, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Lender severally agrees to make available revolving credit loans in Dollars or in any Alternative Lending Currency ("Revolving Loans") to the Borrower such Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANS") from time to time from for the Closing Date until the Maturity Datepurposes hereinafter set forth; provided, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDED, HOWEVERhowever, that (i) with regard to each Lender individually, the sum of the aggregate such Lender's share of outstanding principal amount of Revolving Loans plus such Lender's Commitment Percentage of outstanding Swingline Loans plus such Lender's Commitment Percentage of LOC Obligations shall not exceed ONE such Lender's Commitment Percentage of the aggregate Committed Amount, and (ii) with regard to the Lenders collectively, the Advances Outstanding shall not exceed the aggregate Committed Amount then in effect. For purposes hereof, the aggregate amount available hereunder shall be NINE HUNDRED MILLION Million DOLLARS ($100,000,000900,000,000) (as such aggregate maximum amount may be (w) increased from time to time as provided in Section 2.2 and (x) reduced from time to time as provided in Section 3.42.6, the "REVOLVING COMMITTED AMOUNTCommitted Amount"); PROVIDEDprovided, FURTHERhowever, (A) with regard to each Lender individually, such Lender's that the aggregate amount of all outstanding Revolving Loans in Alternative Lending Currencies shall not at any given time exceed such Lender's Revolving Commitment Percentage 25% of the Revolving Committed Amount, and Amount (B) the sum of the aggregate outstanding principal amount of Revolving Loans PLUS LOC Obligations PLUS Swingline Loans shall not exceed the Revolving Committed Amount"Alternative Lending Currency Sub-Limit"). The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Alternate Base Rate Loans or Eurodollar LIBOR Rate Loans, or a combination thereof, as the Borrower may request; PROVIDED, HOWEVER, that no more than 15 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof. LIBOR Rate Loans shall be made by each Lender at its LIBOR Lending Office and Alternate Base Rate Loans at its Domestic Lending Office.

Appears in 1 contract

Sources: Credit Agreement (American Capital Strategies LTD)

Revolving Commitment. Subject During the Commitment Period, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Lender severally severally, but not jointly, agrees to make available revolving credit loans in Dollars (“Revolving Loans”) to the Borrower such Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANS") from time to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDED, HOWEVER, that the sum of the in an aggregate outstanding principal amount of Revolving Loans shall not exceed ONE HUNDRED up to TWENTY-FIVE MILLION DOLLARS ($100,000,00025,000,000) (as increased from time to time as provided in Section 2.22 and as such aggregate maximum amount may be reduced from time to time as provided in Section 3.42.6, the "REVOLVING COMMITTED AMOUNT"“Revolving Committed Amount”) for the purposes hereinafter set forth (such facility, the “Revolving Facility”); PROVIDEDprovided, FURTHERhowever, that (i) no Revolving Loans shall be made on the Closing Date, (Aii) with regard to each Lender individually, the sum of such Lender's ’s Revolving Commitment Percentage of the aggregate principal amount of outstanding Revolving Loans plus such Lender’s Revolving Commitment Percentage of outstanding LOC Obligations shall not exceed such Lender's ’s Revolving Commitment Percentage of the Revolving Committed Amount, and (Biii) with regard to the Lenders collectively, the sum of the aggregate outstanding principal amount of outstanding Revolving Loans PLUS plus outstanding LOC Obligations PLUS Swingline Loans shall not exceed the Revolving Committed AmountAmount then in effect. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Alternate Base Rate Loans or Eurodollar LIBOR Rate Loans, or a combination thereof, as the Borrower may request; PROVIDED, HOWEVER, that no more than 15 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof; provided, however, the Revolving Loans made on any of the three (3) Business Days following the Closing Date, may only consist of Alternate Base Rate Loans unless the Borrower delivers a funding indemnity letter, substantially in the form of Exhibit 2.1(a), reasonably acceptable to the Administrative Agent not less than three (3) Business Days prior to the requested borrowing date. LIBOR Rate Loans shall be made by each Lender at its LIBOR Lending Office and Alternate Base Rate Loans at its Domestic Lending Office.

Appears in 1 contract

Sources: Credit Agreement (Carrols Restaurant Group, Inc.)

Revolving Commitment. Subject During the Commitment Period, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Revolving Lender severally agrees to make available to the Borrower from time to time such Revolving Lender's ’s Revolving Commitment Percentage of revolving credit loans requested by the Borrower (“Revolving Loans”) in Dollars an aggregate principal amount of up to TWO HUNDRED AND TWENTY-FIVE MILLION DOLLARS ("REVOLVING LOANS"$225,000,000) (as increased from time to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDED, HOWEVER, that the sum of the aggregate outstanding principal amount of Revolving Loans shall not exceed ONE HUNDRED MILLION DOLLARS ($100,000,000) (in Section 2.3 and as such aggregate maximum amount may be reduced from time to time as provided in Section 3.42.7, the "REVOLVING COMMITTED AMOUNT")“Revolving Committed Amount”) for the purposes hereinafter set forth; PROVIDEDprovided, FURTHERhowever, that (Ai) with regard to each Revolving Lender individually, the sum of such Revolving Lender's ’s Revolving Commitment Percentage of outstanding Revolving Loans plus such Revolving Lender’s Revolving Commitment Percentage of outstanding Swingline Loans plus such Revolving Lender’s Revolving Commitment Percentage of LOC Obligations shall not exceed such Revolving Lender's ’s Revolving Commitment Percentage of the Revolving Committed AmountCommitment, and (Bii) with regard to the Revolving Lenders collectively, the sum of the aggregate outstanding principal amount of Revolving Loans PLUS plus outstanding Swingline Loans plus LOC Obligations PLUS Swingline Loans shall not exceed the Revolving Committed Amount. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Alternate Base Rate Loans or Eurodollar LIBOR Rate Loans, or a combination thereof, as the Borrower may request; PROVIDED, HOWEVER, that no more than 15 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof; provided that all Revolving Loans made on the Closing Date or for the two Business Days following the Closing Date shall only consist of Alternate Base Rate Loans.

Appears in 1 contract

Sources: Credit Agreement (Pantry Inc)

Revolving Commitment. Subject During the Commitment Period, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Lender severally severally, but not jointly, agrees to make available to the Borrower such Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANS"“Revolving Loans”) to the Company from time to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDED, HOWEVER, that the sum of the in an aggregate outstanding principal amount of Revolving Loans shall not exceed up to ONE HUNDRED FIFTY MILLION DOLLARS ($100,000,000150,000,000) (as increased from time to time as provided in Section 2.2 and as such aggregate maximum amount may be reduced from time to time as provided in Section 3.42.6, the "REVOLVING COMMITTED AMOUNT"“Revolving Committed Amount”) for the purposes hereinafter set forth (such facility, the “Revolving Facility”); PROVIDEDprovided, FURTHERhowever, that (Ai) with regard to each Lender individually, the sum of such Lender's ’s Revolving Commitment Percentage of the aggregate principal amount of outstanding Revolving Loans plus such Lender’s Revolving Commitment Percentage of outstanding Swingline Loans plus such Lender’s Revolving Commitment Percentage of outstanding LOC Obligations shall not exceed such Lender's ’s Revolving Commitment Percentage of the Revolving Committed Amount, and (Bii) with regard to the Lenders collectively, the sum of the aggregate outstanding principal amount of outstanding Revolving Loans PLUS plus outstanding Swingline Loans plus outstanding LOC Obligations PLUS Swingline Loans shall not exceed the Revolving Committed AmountAmount then in effect. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Base Rate Loans or Eurodollar LIBO Rate Loans, or a combination thereof, as the Borrower Company may request; PROVIDED, HOWEVER, that no more than 15 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof; provided, however, the Revolving Loans made on the Closing Date or any of the three (3) Business Days following the Closing Date, may only consist of Base Rate Loans unless the Company delivers a funding indemnity letter, substantially in the form of Exhibit 2.1(a), reasonably acceptable to the Agent not less than three (3) Business Days prior to the Closing Date.

Appears in 1 contract

Sources: Credit Agreement (Universal Health Realty Income Trust)

Revolving Commitment. Subject During the Commitment Period, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Revolving Lender severally severally, but not jointly, agrees to make available revolving credit loans in Dollars (“Revolving Loans”) to the Borrower such Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANS") from time to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDED, HOWEVER, that the sum of the in an aggregate outstanding principal amount of Revolving Loans shall not exceed ONE HUNDRED up to TEN MILLION DOLLARS ($100,000,00010,000,000) (as increased from time to time as provided in Section 2.22 and as such aggregate maximum amount may be reduced from time to time as provided in Section 3.42.6, the "REVOLVING COMMITTED AMOUNT"“Revolving Committed Amount”) for the purposes hereinafter set forth (such facility, the “Revolving Facility”); PROVIDEDprovided, FURTHERhowever, that (Ai) with regard to each Revolving Lender individually, the sum of such Revolving Lender's outstanding Revolving Loans shall not exceed such Lender's ’s Revolving Commitment Percentage of the aggregate principal amount of outstanding Revolving Committed Amount, Loans plus such Revolving Lender’s Revolving Commitment Percentage of outstanding Swingline Loans plus such Revolving Lender’s Revolving Commitment Percentage of outstanding LOC Obligations shall not exceed such Revolving Lender’s Revolving Commitment and (Bii) with regard to the Revolving Lenders collectively, the sum of the aggregate outstanding principal amount of outstanding Revolving Loans PLUS plus outstanding Swingline Loans plus outstanding LOC Obligations PLUS Swingline Loans shall not exceed the Revolving Committed AmountAmount then in effect. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Alternate Base Rate Loans or Eurodollar LIBOR Rate Loans, or a combination thereof, as the Borrower may request; PROVIDED, HOWEVER, that no more than 15 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof; provided, however, the Revolving Loans made on the Closing Date or any of the three (3) Business Days following the Closing Date, may only consist of Alternate Base Rate Loans unless the Borrower delivers a funding indemnity letter, substantially in the form of Exhibit 2.1(a), reasonably acceptable to the Administrative Agent not less than three (3) Business Days prior to the Closing Date; provided, further, the aggregate principal amount of the Revolving Loans made on the Closing Date shall not exceed $5,000,000. LIBOR Rate Loans shall be made by each Revolving Lender at its LIBOR Lending Office and Alternate Base Rate Loans at its Domestic Lending Office.

Appears in 1 contract

Sources: Credit Agreement (Infospace Inc)

Revolving Commitment. Subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth herein, each Lender severally agrees to make available to the Borrower such Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANS"“Revolving Loans”) up to such Lender’s Revolving Commitment from time to time from the Closing Date until the Maturity Termination Date, or such earlier date as the Revolving Commitments shall have been terminated as provided hereinherein for the purposes hereinafter set forth; PROVIDEDprovided, HOWEVERhowever, that the sum of the aggregate outstanding principal amount of outstanding Revolving Loans shall not exceed ONE BILLION SIX HUNDRED MILLION DOLLARS ($100,000,0001,600,000,000.00) (as such aggregate maximum amount may be reduced or increased from time to time as provided in Section 3.4, the "REVOLVING COMMITTED AMOUNT"“Revolving Committed Amount”); PROVIDEDprovided, FURTHERfurther, (Ai) with regard to each Lender individually, the aggregate amount of such Lender's ’s outstanding Revolving Loans, pro rata share of Swingline Loans and pro rata share of L/C Obligations shall not exceed such Lender's ’s Revolving Commitment Percentage of the Revolving Committed AmountCommitment, and (Bii) with regard to the Lenders collectively, the sum of the aggregate outstanding principal amount of outstanding Revolving Loans PLUS LOC Obligations PLUS plus the aggregate principal amount of outstanding Swingline Loans plus the L/C Obligations outstanding shall not at any time exceed the Revolving Committed Amount. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Base Rate Loans or Eurodollar Loans, or a combination thereof, as the Borrower may request, and may be repaid and reborrowed in accordance with the provisions hereof; PROVIDEDprovided, HOWEVERhowever, that no more than 15 borrowings of fifteen (15) Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for time. For purposes hereof, borrowings of Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new borrowing of Eurodollar Loan Loans with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof. Notwithstanding the foregoing, the Borrower may not request any Loans hereunder while a Change of Control Standstill Period shall be in effect pursuant to Section 3.4(e) hereof.

Appears in 1 contract

Sources: Credit Agreement (Autozone Inc)

Revolving Commitment. Subject During the Commitment Period, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Revolving Lender severally agrees to make available revolving credit loans (“Revolving Loans”) to the Borrower Borrowers from time to time for the purposes hereinafter set forth; provided, however, that (i) the aggregate principal amount of outstanding Revolving Loans and Swingline Loans made to the Company plus the outstanding Company LOC Obligations shall not exceed $150,000,000 at any time outstanding, (ii) no more than $75,000,000 of Revolving Loans may be borrowed on the Closing Date, (iii) no Revolving Loans shall be made if there is more than $110,000,000 of unrestricted cash and Cash Equivalents in the aggregate on the consolidated balance sheet of the Company and its Subsidiaries, (iv) with regard to each Revolving Lender individually, the sum of such Revolving Lender's ’s Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars aggregate principal amount of outstanding Revolving Loans plus outstanding Swingline Loans plus outstanding LOC Obligations shall not exceed such Revolving Lender’s Revolving Commitment and ("REVOLVING LOANS"v) from time with regard to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDEDLenders collectively, HOWEVER, that the sum of the aggregate principal amount of outstanding principal Revolving Loans plus outstanding Swingline Loan plus outstanding LOC Obligations shall not exceed the lesser of (A) the Revolving Committed Amount and (B) the Borrowing Base. For purposes hereof, the aggregate amount of Revolving Loans available hereunder shall not exceed ONE be THREE HUNDRED MILLION DOLLARS ($100,000,000300,000,000) (as such aggregate maximum amount may be reduced from time to time as provided in accordance with the terms of Section 3.42.7, the "REVOLVING COMMITTED AMOUNT"); PROVIDED, FURTHER, (A) with regard to each Lender individually, such Lender's outstanding Revolving Loans shall not exceed such Lender's Revolving Commitment Percentage of the Revolving Committed Amount, and (B) the sum of the aggregate outstanding principal amount of Revolving Loans PLUS LOC Obligations PLUS Swingline Loans shall not exceed the Revolving Committed Amount”). The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Alternate Base Rate Loans or Eurodollar LIBOR Rate Loans, or a combination thereof, as the Administrative Borrower may request; PROVIDED, HOWEVER, that no more than 15 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof. LIBOR Rate Loans shall be made by each Lender at its LIBOR Lending Office and Alternate Base Rate Loans at its Domestic Lending Office.

Appears in 1 contract

Sources: Credit Agreement (Alliance One International, Inc.)

Revolving Commitment. Subject During the Commitment Period, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Revolving Lender severally severally, but not jointly, agrees to make available to the Borrower such Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANS"“Revolving Loans”) to the Borrowers from time to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDED, HOWEVER, that the sum of the in an aggregate outstanding principal amount of Revolving Loans shall not exceed ONE HUNDRED up to FORTY MILLION DOLLARS ($100,000,00040,000,000) (as such aggregate maximum amount may be reduced from time to time as provided in Section 3.42.6, the "REVOLVING COMMITTED AMOUNT"“Revolving Committed Amount”) for the purposes hereinafter set forth (such facility, the “Revolving Facility”); PROVIDEDprovided, FURTHERhowever, that (Ai) with regard to each Revolving Lender individually, the sum of such Revolving Lender's outstanding Revolving Loans shall not exceed such Lender's ’s Revolving Commitment Percentage of the aggregate principal amount of outstanding Revolving Committed Amount, Loans plus such Revolving Lender’s Revolving Commitment Percentage of outstanding Swingline Loans plus such Revolving Lender’s Revolving Commitment Percentage of outstanding LOC Obligations shall not exceed such Revolving Lender’s Revolving Commitment and (Bii) with regard to the Revolving Lenders collectively, the sum of the aggregate outstanding principal amount of outstanding Revolving Loans PLUS plus outstanding Swingline Loans plus outstanding LOC Obligations PLUS Swingline Loans shall not exceed the Revolving Committed AmountAmount then in effect. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Alternate Base Rate Loans or Eurodollar LIBOR Rate Loans, or a combination thereof, as the applicable Borrower may request; PROVIDED, HOWEVER, that no more than 15 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof; provided, however, the Revolving Loans made on the Closing Date or any of the three (3) Business Days following the Closing Date, may only consist of Alternate Base Rate Loans unless the Borrowers deliver a funding indemnity letter, substantially in the form of Exhibit 2.1(a), reasonably acceptable to the Administrative Agent not less than three (3) Business Days prior to the Closing Date. LIBOR Rate Loans shall be made by each Revolving Lender at its LIBOR Lending Office and Alternate Base Rate Loans at its Domestic Lending Office.

Appears in 1 contract

Sources: Credit Agreement (Primo Water Corp)

Revolving Commitment. Subject During the Commitment Period, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Lender severally agrees to make available revolving credit loans in Dollars (the “Revolving Loans”) to the Borrower Borrowers from time to time in the amount of such Lender's ’s Revolving Commitment Percentage of revolving credit loans requested by such Revolving Loans for the Borrower in Dollars purposes hereinafter set forth; provided that ("REVOLVING LOANS"i) from time with regard to time from the Closing Date until the Maturity DateLenders collectively, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDED, HOWEVER, that the sum of the aggregate outstanding principal amount of Revolving Loans Obligations outstanding at any time shall not exceed ONE HUNDRED MILLION DOLLARS ($100,000,000) (as such aggregate maximum amount may be reduced from time to time as provided in Section 3.4, the "REVOLVING COMMITTED AMOUNT"); PROVIDED, FURTHERAggregate Revolving Committed Amount, (Aii) with regard to each Lender individually, the aggregate principal amount of such Lender's ’s Revolving Commitment Percentage of Revolving Obligations outstanding Revolving Loans at any time shall not exceed such Lender's Revolving Commitment Percentage of the ’s Revolving Committed Amount, Amount and (Biii) the sum of the aggregate outstanding principal amount of Revolving Loans PLUS LOC Obligations PLUS Swingline Loans made to the Designated Borrowers outstanding at any time shall not exceed the Revolving Committed AmountDesignated Borrower Sublimit. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Base Rate Loans or Eurodollar Term SOFR Loans, or a combination thereof, as the Borrower Company may request; PROVIDED, HOWEVER, that no more than 15 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof. Notwithstanding anything to the contrary contained herein, any Lender (a “Funding Affiliate Lender”) may at its option elect to fund any Revolving Loan to any Designated Borrower that is a Foreign Subsidiary through any foreign or domestic branch or Affiliate (a “Funding Affiliate”) of such Funding Affiliate Lender; provided that (x) nothing herein shall constitute a commitment by any Funding Affiliate to fund any Revolving Loan, and (y) if a Funding Affiliate fails to make all or any part of such Revolving Loan, the Funding Affiliate Lender shall be obligated to make such Revolving Loan pursuant to the terms hereof. Each party hereto hereby agrees that (A) neither the grant to any Funding Affiliate nor the exercise by any Funding Affiliate of such option shall increase the costs or expenses or otherwise increase or change the obligations of the Borrowers under this Credit Agreement (including its obligations under Sections 3.6, 3.7 and 3.10), (B) no Funding Affiliate shall be liable for any indemnity or similar payment obligation under this Credit Agreement for which a Lender would be liable and the applicable Lender shall remain liable for each such indemnity and payment obligation, and (C) the Funding Affiliate Lender shall for all purposes, including the approval of any amendment, waiver or other modification of any provision of any Credit Document, remain the lender of record hereunder. The making of a Revolving Loan by a Funding Affiliate hereunder shall utilize the Revolving Commitment of the Funding Affiliate Lender to the same extent, and as if, such Revolving Loan were made by such Funding Affiliate Lender.

Appears in 1 contract

Sources: Multi Year Revolving Credit Agreement (Nucor Corp)

Revolving Commitment. Subject to all the terms and conditions hereof of this Restated Loan Agreement and in reliance upon prior to the representations and warranties set forth hereintermination of its commitment as hereinafter provided, each Lender severally Bank hereby agrees to make available to the Borrower such Lender's loans (each a "Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANSLoan") to Borrower, from time to time from the Closing Date until the Maturity Dateand in such amounts as Borrower shall request pursuant to this Section 2.A., or such earlier date as up to an aggregate principal amount outstanding under the Revolving Commitments shall have been terminated as provided herein; PROVIDED, HOWEVER, that Loan Account not to exceed the lesser of: (1) the sum of (a) eighty percent (80.0%) of Eligible Accounts due from Domestic Account Debtors and Foreign Account Debtors plus (b) eighty percent (80.0%) of Eligible Accounts due from ANADAC plus (c) from the aggregate outstanding principal amount date of Revolving Loans shall not exceed ONE HUNDRED MILLION DOLLARS this Restated Loan Agreement through June 30, 1999, the lesser of thirty-five 1. percent (35.0%) of Eligible Inventory or $100,000,000) 1,000,000.00 (as such aggregate maximum amount the same may be reduced adjusted from time to time as provided in for under Section 3.49.B. hereof, collectively, the "REVOLVING COMMITTED AMOUNTBorrowing Base") or (2) $10,000,000.00 (the "Revolving Commitment"); PROVIDED. If at any time or for any reason, FURTHER, (A) with regard to each Lender individually, such Lender's outstanding Revolving Loans shall not exceed such Lender's Revolving Commitment Percentage of the Revolving Committed Amount, and (B) the sum of the aggregate outstanding principal amount of the Revolving Loan Account is greater than the lesser of: (x) the Borrowing Base or (y) the Revolving Commitment, Borrower shall immediately pay to Bank, in cash, the amount of such excess. Any commitment of Bank, pursuant to the terms of this Restated Loan Agreement, to make Revolving Loans PLUS LOC Obligations PLUS Swingline Loans shall expire on the Revolving Maturity Date, subject to Bank's right to renew said commitment in its sole and absolute discretion at Borrower's request. Any such renewal of the Revolving Commitment shall not exceed be binding upon Bank unless it is in writing and signed by an officer of Bank. The outstanding principal balance of the Revolving Committed AmountLoan Account may be prepaid in whole or in part at any time without penalty. The initial advance Provided that no Event of Default has occurred and is continuing, all or any portion of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Base Rate Loans or Eurodollar Loans, or a combination thereof, as the advanced by Bank which are repaid by Borrower may request; PROVIDED, HOWEVER, that no more than 15 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, available for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, reborrowing in accordance with the provisions terms hereof. Borrower promises to pay to Bank the entire outstanding unpaid principal balance (and all accrued unpaid interest thereon) of the Revolving Loan Account on or before December 24, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period1999 ("Revolving Maturity Date"). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof.

Appears in 1 contract

Sources: Loan Agreement (Identix Inc)

Revolving Commitment. Subject During the Commitment Period, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Revolving Lender severally severally, but not jointly, agrees to make available revolving credit loans in Dollars (“Revolving Loans”) to the Borrower such Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANS") from time to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDED, HOWEVER, that the sum of the in an aggregate outstanding principal amount of Revolving Loans shall not exceed ONE HUNDRED up to FIFTY MILLION DOLLARS ($100,000,00050,000,000) (as increased from time to time as provided in Section 2.22 and as such aggregate maximum amount may be reduced from time to time as provided in Section 3.42.6, the "REVOLVING COMMITTED AMOUNT"“Revolving Committed Amount”) for the purposes hereinafter set forth (such facility, the “Revolving Facility”); PROVIDEDprovided, FURTHERhowever, that (Ai) with regard to each Revolving Lender individually, the sum of such Revolving Lender's outstanding Revolving Loans shall not exceed such Lender's ’s Revolving Commitment Percentage of the aggregate principal amount of outstanding Revolving Committed Amount, Loans plus such Revolving Lender’s Revolving Commitment Percentage of outstanding Swingline Loans plus such Revolving Lender’s Revolving Commitment Percentage of outstanding LOC Obligations shall not exceed such Revolving Lender’s Revolving Commitment and (Bii) with regard to the Revolving Lenders collectively, the sum of the aggregate outstanding principal amount of outstanding Revolving Loans PLUS plus outstanding Swingline Loans plus outstanding LOC Obligations PLUS Swingline Loans shall not exceed the Revolving Committed AmountAmount then in effect. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Alternate Base Rate Loans or Eurodollar LIBOR Rate Loans, or a combination thereof, as the Borrower may request; PROVIDED, HOWEVER, that no more than 15 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof; provided, however, the Revolving Loans made on the Closing Date or any of the three (3) Business Days following the Closing Date, may only consist of Alternate Base Rate Loans unless the Borrower delivers a funding indemnity letter, substantially in the form of Exhibit 2.1(a), reasonably acceptable to the Administrative Agent not less than three (3) Business Days prior to the Closing Date. LIBOR Rate Loans shall be made by each Revolving Lender at its LIBOR Lending Office and Alternate Base Rate Loans at its Domestic Lending Office.

Appears in 1 contract

Sources: Credit Agreement (Ani Pharmaceuticals Inc)

Revolving Commitment. Subject During the Commitment Period, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Revolving Lender severally severally, but not jointly, agrees to make available to the Borrower such Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANS"“Revolving Loans”) to the Borrowers from time to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDED, HOWEVER, that the sum of the in an aggregate outstanding principal amount of Revolving Loans shall not exceed ONE up to FIVESIX HUNDRED FIFTY MILLION DOLLARS ($100,000,000550,000,000650,000,000) (as increased from time to time as provided in Section 2.22(a) and as such aggregate maximum amount may be reduced from time to time as provided in Section 3.42.6, the "REVOLVING COMMITTED AMOUNT"“Revolving Committed Amount”) for the purposes hereinafter set forth (such facility, the “Revolving Facility”); PROVIDEDprovided, FURTHERhowever, that (Ai) with regard to each Revolving Lender individually, the sum of such Revolving Lender's outstanding Revolving Loans shall not exceed such Lender's ’s Revolving Commitment Percentage of the aggregate principal amount of outstanding Revolving Committed Amount, Loans plus such Revolving Lender’s Revolving Commitment Percentage of outstanding Swingline Loans plus such Revolving Lender’s Revolving Commitment Percentage of outstanding LOC Obligations shall not exceed such Revolving Lender’s Revolving Commitment and (Bii) with regard to the Revolving Lenders collectively, the sum of the aggregate outstanding principal amount of outstanding Revolving Loans PLUS plus outstanding Swingline Loans plus outstanding LOC Obligations PLUS Swingline Loans shall not exceed the Revolving Committed AmountAmount then in effect. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Alternate Base Rate Loans or Eurodollar LIBOR Rate Loans, or a combination thereof, as the Borrower Borrowers may request; PROVIDED, HOWEVER, that no more than 15 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof; provided, however, the Revolving Loans made on the Closing Date or any of the three (3) Business Days following the Closing Date, may only consist of Alternate Base Rate Loans unless the Borrowers deliver a funding indemnity letter, substantially in the form of Exhibit 2.1(a), reasonably acceptable to the Administrative Agent not less than three (3) Business Days prior to the Closing Date. LIBOR Rate Loans shall be made by each Revolving Lender at its LIBOR Lending Office and Alternate Base Rate Loans at its Domestic Lending Office.

Appears in 1 contract

Sources: Credit Agreement (CrossAmerica Partners LP)

Revolving Commitment. Subject During the Commitment Period, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Lender severally severally, but not jointly, agrees to make available revolving credit loans (“Revolving Loans”) to the Borrower such Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANS") from time to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDED, HOWEVER, that the sum of the in an aggregate outstanding principal amount of Revolving Loans shall not exceed ONE HUNDRED up to FIFTY-FIVE MILLION DOLLARS ($100,000,00055,000,000) (as such aggregate maximum amount may be reduced from time to time as provided in Section 3.42.6, the "REVOLVING COMMITTED AMOUNT")“Aggregate Revolving Committed Amount”) for the purposes hereinafter set forth; PROVIDEDprovided, FURTHERhowever, that (Ai) with regard to each Lender individually, the sum of such Lender's ’s Revolving Commitment Percentage of outstanding Revolving Loans plus such Lender’s Revolving Commitment Percentage of outstanding Swingline Loans plus such Lender’s LOC Commitment Percentage of LOC Obligations shall not exceed such Lender's Revolving Commitment Percentage of the ’s Revolving Committed Amount, Amount and (Bii) with regard to the Lenders collectively, the sum of the aggregate outstanding principal amount of Revolving Loans PLUS plus outstanding Swingline Loans plus LOC Obligations PLUS Swingline Loans shall not exceed the Aggregate Revolving Committed Amount. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Alternate Base Rate Loans or Eurodollar LIBOR Rate Loans, or a combination thereof, as the Borrower may request; PROVIDED, HOWEVER, that no more than 15 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof; provided, however, Revolving Loans made on the Closing Date or on any of the three Business Days following the Closing Date may only consist of Alternate Base Rate Loans unless the Borrower executes a funding indemnity letter in form and substance satisfactory to the Administrative Agent. LIBOR Rate Loans shall be made by each Lender at its LIBOR Lending Office and Alternate Base Rate Loans at its Domestic Lending Office.

Appears in 1 contract

Sources: Credit Agreement (Roanoke Electric Steel Corp)

Revolving Commitment. Subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth herein, each Revolving Lender severally agrees to make available to the Borrower such Lender's Revolving Commitment Percentage of revolving credit loans requested by (“Revolving Loans”) to the Borrower in Dollars ("REVOLVING LOANS") Borrowers from time to time from the Closing Date until the Maturity Termination Date, or such earlier date as the Revolving Commitments shall have been terminated as provided hereinherein for the purposes hereinafter set forth; PROVIDEDprovided, HOWEVERhowever, that the sum of the aggregate outstanding principal amount of outstanding Revolving Loans shall not exceed ONE the Revolving Committed Amount and; provided, further, (i) with regard to each Revolving Lender individually, such Lender’s share of outstanding Revolving Obligations shall not exceed such Lender’s Revolving Commitment Percentage of the Revolving Committed Amount, (ii) with regard to the Revolving Lenders collectively, the aggregate principal amount of outstanding Revolving Obligations shall not exceed TWO HUNDRED FIFTY MILLION DOLLARS ($100,000,000250,000,000) (as such aggregate maximum amount may be reduced from time to time as provided in Section 3.4, the "REVOLVING COMMITTED AMOUNT"); PROVIDED, FURTHER, “Revolving Committed Amount”) and (Aiii) with regard to each Lender individuallythe Revolving Lenders collectively, such Lender's outstanding Revolving Loans shall not exceed such Lender's Revolving Commitment Percentage the aggregate principal amount of the Revolving Committed Amount, and (B) the sum of the aggregate outstanding principal amount of Revolving Loans PLUS LOC Obligations PLUS Swingline Loans shall not exceed the Revolving Committed Amount. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Base Rate Loans or Eurodollar Loans, or a combination thereof, as the Borrower Borrowers may requestrequest and may be repaid and reborrowed in accordance with the provisions hereof; PROVIDEDprovided, HOWEVERhowever, that no more than 15 six Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for with respect to Revolving Loans. For purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same datedate and have the same duration, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof.

Appears in 1 contract

Sources: Credit Agreement (Speedway Motorsports Inc)

Revolving Commitment. Subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth herein, each Lender severally agrees to make available to the Borrower such Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANSRevolving Loans") up to such Lender's Revolving Commitment from time to time from the Closing Date until the Maturity Termination Date, or such earlier date as the Revolving Commitments shall have been terminated as provided hereinherein for the purposes hereinafter set forth; PROVIDEDprovided, HOWEVERhowever, that the sum of the aggregate outstanding principal amount of outstanding Revolving Loans shall not exceed ONE THREE HUNDRED MILLION DOLLARS ($100,000,000300,000,000.00) (as such aggregate maximum amount may be reduced from time to time as provided in Section Sections 3.3 and 3.4, the "REVOLVING COMMITTED AMOUNTRevolving Committed Amount"); PROVIDEDprovided, FURTHERfurther, (Ai) with regard to each Lender individually, such Lender's outstanding Revolving Loans shall not exceed such Lender's Revolving Commitment Percentage of the Revolving Committed AmountCommitment, and (Bii) with regard to the sum of Lenders collectively, the aggregate outstanding principal amount of outstanding Revolving Loans PLUS LOC Obligations PLUS plus the aggregate principal amount of outstanding Competitive Loans plus the aggregate principal amount of outstanding Swingline Loans shall not exceed the Revolving Committed Amount. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Base Rate Loans or Eurodollar Loans, or a combination thereof, as the Borrower may request, and may be repaid and reborrowed in accordance with the provisions hereof; PROVIDEDprovided, HOWEVERhowever, that no more than 15 25 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for time. For purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan EurodollarLoan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof.

Appears in 1 contract

Sources: Credit Agreement (Autozone Inc)

Revolving Commitment. Subject During the Commitment Period, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Revolving Lender severally severally, but not jointly, agrees to make available revolving credit loans in Dollars (“Revolving Loans”) to the Borrower such Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANS") from time to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDED, HOWEVER, that the sum of the in an aggregate outstanding principal amount of Revolving Loans shall not exceed ONE up to FOUR HUNDRED FIFTY MILLION DOLLARS ($100,000,000450,000,000) (as increased from time to time as provided in Section 2.22(a) and as such aggregate maximum amount may be reduced from time to time as provided in Section 3.42.6, the "REVOLVING COMMITTED AMOUNT"“Revolving Committed Amount”) for the purposes hereinafter set forth (such facility, the “Revolving Facility”); PROVIDEDprovided, FURTHERhowever, that (Ai) with regard to each Revolving Lender individually, the sum of such Revolving Lender's outstanding Revolving Loans shall not exceed such Lender's ’s Revolving Commitment Percentage of the aggregate principal amount of outstanding Revolving Committed Amount, Loans plus such Revolving Lender’s Revolving Commitment Percentage of outstanding Swingline Loans plus such Revolving Lender’s Revolving Commitment Percentage of outstanding LOC Obligations shall not exceed such Revolving Lender’s Revolving Commitment and (Bii) with regard to the Revolving Lenders collectively, the sum of the aggregate outstanding principal amount of outstanding Revolving Loans PLUS plus outstanding Swingline Loans plus outstanding LOC Obligations PLUS Swingline Loans shall not exceed the Revolving Committed AmountAmount then in effect. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Alternate Base Rate Loans or Eurodollar LIBOR Rate Loans, or a combination thereof, as the Borrower may request; PROVIDED, HOWEVER, that no more than 15 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof; provided, however, the Revolving Loans made on the Closing Date or any of the three (3) Business Days following the Closing Date, may only consist of Alternate Base Rate Loans unless the Borrower delivers a funding indemnity letter, substantially in the form of Exhibit 2.1(a), reasonably acceptable to the Administrative Agent not less than three (3) Business Days prior to the Closing Date. LIBOR Rate Loans shall be made by each Revolving Lender at its LIBOR Lending Office and Alternate Base Rate Loans at its Domestic Lending Office.

Appears in 1 contract

Sources: Credit Agreement (Lehigh Gas Partners LP)

Revolving Commitment. Subject During the Commitment Period, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Revolving Lender severally agrees to make available revolving credit loans (“Revolving Loans”) to the Borrower from time to time for the purposes hereinafter set forth; provided, however, that (i) with regard to each Revolving Lender individually, the sum of such Revolving Lender's ’s share of outstanding Revolving Loans plus such Revolving Lender’s Revolving Commitment Percentage of revolving credit loans requested outstanding Swingline Loans plus such Revolving Lender’s Revolving Commitment Percentage of outstanding LOC Obligations (after giving effect to the concurrent reduction, if any, in outstanding Swingline Loans and/or outstanding LOC Obligations to be effected by application of the Borrower in Dollars ("REVOLVING LOANS"proceeds of Revolving Loans) from time to time from the Closing Date until the Maturity Date, or shall not exceed such earlier date as Revolving Lender’s Revolving Commitment Percentage of the Revolving Commitments shall have been terminated as provided herein; PROVIDEDCommitted Amount and (ii) with regard to the Revolving Lenders collectively, HOWEVER, that the sum of the aggregate outstanding principal amount of outstanding Revolving Loans plus outstanding Swingline Loans plus outstanding LOC Obligations (after giving effect to the concurrent reduction, if any, in outstanding Swingline Loans and/or outstanding LOC Obligations to be effected by application of the proceeds of Revolving Loans) shall not exceed the Revolving Committed Amount then in effect. For purposes hereof, the aggregate amount available hereunder shall be ONE Table of Contents HUNDRED TWENTY-FIVE MILLION DOLLARS ($100,000,000125,000,000) (as such aggregate maximum amount may be reduced from time to time as provided in Section 3.42.7, the "REVOLVING COMMITTED AMOUNT"); PROVIDED, FURTHER, (A) with regard to each Lender individually, such Lender's outstanding Revolving Loans shall not exceed such Lender's Revolving Commitment Percentage of the Revolving Committed Amount, and (B) the sum of the aggregate outstanding principal amount of Revolving Loans PLUS LOC Obligations PLUS Swingline Loans shall not exceed the Revolving Committed Amount”). The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Alternate Base Rate Loans or Eurodollar LIBOR Rate Loans, or a combination thereof, as the Borrower may request; PROVIDED, HOWEVER, that no more than 15 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof; provided, however, the Revolving Loans made on the Closing Date and on the two Business Days immediately following the Closing Date shall bear interest at the Alternate Base Rate. LIBOR Rate Loans shall be made by each Revolving Lender at its LIBOR Lending Office and Alternate Base Rate Loans at its Domestic Lending Office.

Appears in 1 contract

Sources: Credit Agreement (Nci Building Systems Inc)

Revolving Commitment. Subject During the Commitment Period, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Revolving Lender severally agrees to make available revolving credit loans in Dollars ("Revolving Loans") to the Borrower from time to time for the purposes hereinafter set forth; provided, however, that (i) with regard to each Revolving Lender individually, the sum of such Revolving Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars aggregate principal amount of outstanding Revolving Loans plus such Revolving Lender's Revolving Commitment Percentage of outstanding Swingline Loans plus such Revolving Lender's Revolving Commitment Percentage of outstanding LOC Obligations shall not exceed such Revolving Lender's Revolving Commitment and ("REVOLVING LOANS"ii) from time with regard to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDEDLenders collectively, HOWEVER, that the sum of the aggregate outstanding principal amount of outstanding Revolving Loans plus outstanding Swingline Loans plus outstanding LOC Obligations shall not exceed the Revolving Committed Amount then in effect. For purposes hereof, the aggregate principal amount available hereunder for Revolving Loans shall not exceed ONE HUNDRED be TWENTY MILLION DOLLARS ($100,000,00020,000,000) (as such aggregate maximum amount may be reduced from time to time as provided in Section 3.42.6, or as increased pursuant to Section 2.4, the "REVOLVING COMMITTED AMOUNT"); PROVIDED, FURTHER, (A) with regard to each Lender individually, such Lender's outstanding Revolving Loans shall not exceed such Lender's Revolving Commitment Percentage of the Revolving Committed Amount, and (B) the sum of the aggregate outstanding principal amount of Revolving Loans PLUS LOC Obligations PLUS Swingline Loans shall not exceed the Revolving Committed Amount"). The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Alternate Base Rate Loans or Eurodollar LIBOR Rate Loans, or a combination thereof, as the Borrower may request; PROVIDED, HOWEVER, that no more than 15 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof; provided, however, the Revolving Loans made on the Closing Date may only consist of Alternate Base Rate Loans unless the Borrower delivers a funding indemnity letter reasonably acceptable to the Administrative Agent not less than three (3) Business Days prior to the Closing Date. LIBOR Rate Loans shall be made by each Revolving Lender at its LIBOR Lending Office and Alternate Base Rate Loans at its Domestic Lending Office.

Appears in 1 contract

Sources: Credit Agreement (American Pacific Corp)

Revolving Commitment. Subject During the Commitment Period, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Revolving Lender severally severally, but not jointly, agrees to make available to the Borrower such Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANSRevolving Loans") to the Borrower from time to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDED, HOWEVER, that the sum of the in an aggregate outstanding principal amount of Revolving Loans shall not exceed ONE HUNDRED up to TWENTY MILLION DOLLARS ($100,000,00020,000,000) (as such aggregate maximum amount may be reduced from time to time as provided in Section 3.42.6, the "REVOLVING COMMITTED AMOUNTRevolving Committed Amount")) for the purposes hereinafter set forth; PROVIDEDprovided, FURTHERhowever, that (Ai) with regard to each Revolving Lender individually, the sum of such Lender's outstanding Revolving Loans shall not exceed such Lender's Revolving Commitment Percentage of the aggregate principal amount of outstanding Revolving Committed Amount, Loans plus such Revolving Lender's Revolving Commitment Percentage of outstanding Swingline Loans plus such Revolving Lender's Revolving Commitment Percentage of outstanding LOC Obligations shall not exceed such Revolving Lender's Revolving Commitment and (Bii) with regard to the Revolving Lenders collectively, the sum of the aggregate outstanding principal amount of outstanding Revolving Loans PLUS plus outstanding Swingline Loans plus outstanding LOC Obligations PLUS Swingline Loans shall not exceed the Revolving Committed AmountAmount then in effect. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Alternate Base Rate Loans or Eurodollar LIBOR Rate Loans, or a combination thereof, as the Borrower may request; PROVIDED, HOWEVER, that no more than 15 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof; provided, however, the Revolving Loans made on the Closing Date or any of the three (3) Business Days following the Closing Date, may only consist of Alternate Base Rate Loans unless the Borrower delivers a funding indemnity letter, substantially in the form of Exhibit 2.1(a), reasonably acceptable to the Administrative Agent not less than three (3) Business Days prior to the Closing Date. LIBOR Rate Loans shall be made by each Revolving Lender at its LIBOR Lending Office and Alternate Base Rate Loans at its Domestic Lending Office.

Appears in 1 contract

Sources: Credit Agreement (Riviera Holdings Corp)

Revolving Commitment. Subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth herein, each Lender severally agrees to make available to the Borrower such Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANS") from time to time from the Closing Date until the Maturity Termination Date, or such earlier date as the Revolving Commitments shall have been terminated as provided hereinherein for the purposes hereinafter set forth; PROVIDED, HOWEVER, that the sum of the aggregate outstanding principal amount of outstanding Revolving Loans PLUS the aggregate amount of outstanding LOC Obligations shall not at any time exceed ONE HUNDRED THIRTY-FIVE MILLION DOLLARS ($100,000,00035,000,000) (as such aggregate maximum amount may be reduced from time to time as provided in Section 3.4, the "REVOLVING COMMITTED AMOUNT"); PROVIDED, FURTHER, (A) with regard to each Lender individually, that such Lender's outstanding Revolving Loans PLUS Participation Interests in outstanding LOC Obligations shall not at any time exceed such Lender's Revolving Commitment Percentage of the Revolving Committed Amount, and (B) the sum of the aggregate outstanding principal amount of Revolving Loans PLUS LOC Obligations PLUS Swingline Loans shall not exceed the Revolving Committed Amount. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Base Rate Loans or Eurodollar Loans, or a combination thereof, as the Borrower may request, and may be repaid and reborrowed in accordance with the provisions hereof; PROVIDED, HOWEVER, that the Revolving Loans outstanding at any time shall consist of no more than 15 six (6) separate Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for Loans. For purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions borrowings of Eurodollar Loans may, in accordance with the provisions hereof, be combined through extensions or conversions at the end of existing Interest Periods to constitute a single new Eurodollar Loan with a single the same Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof."

Appears in 1 contract

Sources: Credit Agreement (Flo Fill Co Inc)

Revolving Commitment. Subject During the Commitment Period, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each U.S. Revolving Lender severally agrees to make available to the Borrower such Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANS") from time to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDED, HOWEVER, that the sum Company in an aggregate principal Dollar Amount of the aggregate outstanding principal amount of Revolving Loans shall not exceed ONE up to FIVE HUNDRED MILLION DOLLARS ($100,000,000500,000,000) (as such aggregate maximum amount may be reduced from time to time as provided in Section 3.42.8 or increased pursuant to Section 2.6 hereof, the "REVOLVING COMMITTED AMOUNT")“Aggregate U.S. Revolving Committed Amount”) for the purposes hereinafter set forth; PROVIDEDprovided, FURTHERhowever, that (Ai) with regard to each U.S. Revolving Lender individually, the aggregate principal Dollar Amount (determined as of the most recent Revaluation Date) of such U.S. Revolving Lender's ’s U.S. Revolving Commitment Percentage of outstanding U.S. Revolving Loans plus such U.S. Revolving Lender’s U.S. Revolving Commitment Percentage of outstanding Swingline Loans plus such U.S. Revolving Lender’s LOC Commitment Percentage of LOC Obligations shall not exceed such U.S. Revolving Lender's Revolving Commitment Percentage of the ’s Revolving Committed Amount, and (Bii) with regard to the sum U.S. Revolving Lenders collectively, the aggregate principal Dollar Amount (determined as of the aggregate most recent Revaluation Date) of the outstanding principal amount of U.S. Revolving Loans PLUS plus outstanding Swingline Loans plus LOC Obligations PLUS Swingline Loans shall not exceed the Aggregate U.S. Revolving Committed Amount. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, U.S. Revolving Loans may consist of Alternate Base Rate Loans or Eurodollar LIBOR Rate Loans, or a combination thereof, as the applicable Borrower may request; PROVIDED, HOWEVER, that no more than 15 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof; provided, however, U.S. Revolving Loans made on the Closing Date or on any of the three Business Days following the Closing Date may only consist of Alternate Base Rate Loans unless the applicable Borrower executes a funding indemnity letter in form and substance satisfactory to the Administrative Agent. LIBOR Rate Loans shall be made by each Lender at its LIBOR Lending Office and Alternate Base Rate Loans at its Domestic Lending Office.

Appears in 1 contract

Sources: Credit Agreement (Ims Health Inc)

Revolving Commitment. Subject During the Commitment Period, subject to -------------------- the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Lender severally agrees to make available revolving credit loans ("Revolving Loans") to the Borrower from time to --------------- time for the purposes hereinafter set forth; provided, however, that (i) -------- ------- with regard to each Lender individually, the sum of such Lender's share of outstanding Revolving Loans plus such Lender's Revolving Commitment Percentage of revolving credit loans requested by Swingline Loans plus such Lender's LOC Commitment Percentage of LOC Obligations shall not exceed such Lender's Revolving Commitment Percentage of the Borrower in Dollars aggregate Revolving Committed Amount, and ("REVOLVING LOANS"ii) from time with regard to time from the Closing Date until the Maturity DateLenders collectively, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDED, HOWEVER, that the sum of the aggregate outstanding principal amount of outstanding Revolving Loans plus Swingline Loans plus LOC Obligations shall not exceed ONE HUNDRED the aggregate Revolving Committed Amount then in effect. For purposes hereof, the aggregate amount available hereunder shall be SEVENTY- FIVE MILLION DOLLARS ($100,000,00075,000,000) (as such aggregate maximum amount may be reduced from time to time as provided in Section 3.42.6, the "REVOLVING COMMITTED AMOUNTRevolving --------- Committed Amount"); PROVIDED, FURTHER, (A) with regard to each Lender individually, such Lender's outstanding Revolving Loans shall not exceed such Lender's Revolving Commitment Percentage of the Revolving Committed Amount, and (B) the sum of the aggregate outstanding principal amount of Revolving Loans PLUS LOC Obligations PLUS Swingline Loans shall not exceed the Revolving Committed Amount. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Alternate Base Rate ---------------- Loans or Eurodollar LIBOR Rate Loans, or a combination thereof, as the Borrower may request; PROVIDED, HOWEVER, that no more than 15 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof. LIBOR Rate Loans shall be made by each Lender at its LIBOR Lending Office and Alternate Base Rate Loans at its Domestic Lending Office. Notwithstanding any provision herein to the contrary, (x) the initial LIBOR borrowing under Section 2.1 shall be made as a LIBOR Rate Loan having an Interest Period of fourteen (14) days and (y) subsequent to such initial LIBOR borrowing but prior to the closing of the initial syndication of the Commitment and the Loans to the Lenders, all LIBOR Rate Loans under Section 2.1 shall be made or continued as LIBOR Rate Loans having an Interest Period of fourteen (14) days. All LIBOR Rate Loans having an Interest Period of fourteen (14) days shall bear interest at the same rate as LIBOR Rate Loans having an Interest Period of one month.

Appears in 1 contract

Sources: Credit Agreement (BGF Industries Inc)

Revolving Commitment. Subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth herein, each Revolving Lender severally agrees to make available to the Borrower such Revolving Lender's Revolving ’s Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANS"“Revolving Loans”) from time to time from the Closing Date until the Revolving Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDEDprovided, HOWEVERhowever, that the sum of the aggregate outstanding principal amount of Revolving Loans shall not exceed ONE TWO HUNDRED TWENTY-FIVE MILLION DOLLARS ($100,000,000225,000,000) (as such aggregate maximum amount may be increased in accordance with Section 2.6 or reduced from time to time as provided in Section 3.4, the "REVOLVING COMMITTED AMOUNT"“Revolving Committed Amount”); PROVIDEDprovided, FURTHERfurther, (A) with regard to each Revolving Lender CHAR1\1351553v8 34 individually, such Revolving Lender's outstanding ’s Revolving Loans Credit Exposure shall not exceed such Revolving Lender's ’s Revolving Commitment Percentage of the Revolving Committed AmountCommitment, and (B) the sum of the aggregate outstanding principal amount of Revolving Loans PLUS plus LOC Obligations PLUS plus Swingline Loans shall not exceed the Revolving Committed Amount. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Base Rate Loans or Eurodollar Loans, or a combination thereof, as the Borrower may request; PROVIDEDprovided, HOWEVERhowever, that no more than 15 six (6) Eurodollar Loans which are Revolving Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof.

Appears in 1 contract

Sources: Credit Agreement (Amn Healthcare Services Inc)

Revolving Commitment. Subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth herein, each Lender severally agrees to make available to the Borrower such Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANS") from time to time from the Closing Effective Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDED, HOWEVERTHAT, that the sum of the aggregate outstanding principal amount of outstanding Revolving Loans PLUS the aggregate amount of outstanding LOC Obligations shall not at any time exceed ONE HUNDRED an amount equal to TWENTY THREE MILLION AND NO/100 DOLLARS ($100,000,00023,000,000.00) (as such aggregate maximum amount may be reduced from time to time (i) by the original principal amount of all Acquisition Loans pursuant to Section 2.3 and Section 3.4(b)(i) or (ii) as otherwise provided in Section 3.4, the "REVOLVING COMMITTED AMOUNT"); PROVIDED, FURTHER, (A) with regard to each Lender individually, that such Lender's outstanding Revolving Loans PLUS Participation Interests in outstanding LOC Obligations shall not at any time exceed such Lender's Revolving Commitment Percentage of the Revolving Committed Amount, and (B) the sum of the aggregate outstanding principal amount of Revolving Loans PLUS LOC Obligations PLUS Swingline Loans shall not exceed the Revolving Committed Amount. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Base Rate Loans or Eurodollar Loans, or a combination thereof, as the Borrower may request, and may be repaid and reborrowed in accordance with the provisions hereof; PROVIDED, HOWEVERTHAT, that no more than 15 six (6) Eurodollar Loans shall be outstanding hereunder under this Agreement at any time (it being understood that, for time. For purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions borrowings of Eurodollar Loans may, in accordance with the provisions hereof, be combined through extensions or conversions at the end of existing Interest Periods to constitute a single new Eurodollar Loan with a single the same Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereofof this Agreement.

Appears in 1 contract

Sources: Credit Agreement (Kendle International Inc)

Revolving Commitment. Subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth herein, each U.S. Revolving Lender severally agrees to make available to the Borrower Airgas such U.S. Revolving Lender's U.S. Revolving Commitment Percentage of revolving credit loans requested by the Borrower Airgas in U.S. Dollars ("REVOLVING LOANSU.S. Revolving Loans") from time to time from the Closing Date until the Maturity Termination Date, or such earlier date as the U.S. Revolving Commitments shall have been terminated as provided hereinherein for the purposes hereinafter set forth; PROVIDEDprovided, HOWEVERhowever, that the sum of the aggregate outstanding principal amount of outstanding U.S. Revolving Loans shall not exceed ONE NINE HUNDRED SIXTY-THREE MILLION NINE HUNDRED THOUSAND U.S. DOLLARS ($100,000,000963,900,000) (as such aggregate maximum amount may be increased or reduced from time to time as provided in Section 3.44.4, the "REVOLVING COMMITTED AMOUNTU.S. Revolving Committed Amount"); PROVIDEDprovided, FURTHERfurther, (Ai) with regard to each U.S. Revolving Lender individually, such U.S. Revolving Lender's outstanding U.S. Revolving Loans shall not exceed such U.S. Revolving Lender's U.S. Revolving Commitment Percentage of the U.S. Revolving Committed Amount, Amount and (Bii) with regard to the sum of U.S. Revolving Lenders collectively, the aggregate outstanding principal amount of outstanding U.S. Revolving Loans PLUS plus the aggregate principal amount of outstanding Competitive U.S. Loans plus the aggregate principal amount of outstanding U.S. Swingline Loans plus U.S. LOC Obligations PLUS Swingline Loans outstanding shall not exceed the U.S. Revolving Committed Amount. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, U.S. Revolving Loans may consist of U.S. Base Rate Loans or Eurodollar Loans, or a combination thereof, as the Borrower Airgas may request, and may be repaid and reborrowed in accordance with the provisions hereof; PROVIDEDprovided, HOWEVERhowever, that no more than 15 11 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for time. For purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). U.S. Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof.

Appears in 1 contract

Sources: Credit Agreement (Airgas Northern California & Nevada Inc)

Revolving Commitment. Subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth herein, each Lender severally agrees to make available to the Borrower such Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANSRevolving Loans") up to such Lender’s Revolving Commitment from time to time from the Closing Date until the Maturity Termination Date, or such earlier date as the Revolving Commitments shall have been terminated as provided hereinherein for the purposes hereinafter set forth; PROVIDEDprovided, HOWEVERhowever, that the sum of the aggregate outstanding principal amount of outstanding Revolving Loans shall not exceed ONE THREE HUNDRED MILLION DOLLARS ($100,000,000300,000,000.00) (as such aggregate maximum amount may be reduced or increased from time to time as provided in Section Sections 3.3 and 3.4, the "REVOLVING COMMITTED AMOUNTRevolving Committed Amount"); PROVIDEDprovided, FURTHERfurther, (Ai) with regard to each Lender individually, such Lender's ’s outstanding Revolving Loans shall not exceed such Lender's ’s Revolving Commitment Percentage of the Revolving Committed AmountCommitment, and (Bii) with regard to the Lenders collectively, the sum of the aggregate outstanding principal amount of outstanding Revolving Loans PLUS LOC Obligations PLUS Swingline plus the aggregate principal amount of outstanding Competitive Loans shall not at any time exceed the Revolving Committed Amount. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Base Rate Loans or Eurodollar Loans, or a combination thereof, as the Borrower may request, and may be repaid and reborrowed in accordance with the provisions hereof; PROVIDEDprovided, HOWEVERhowever, that no more than 15 25 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for time. For purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof. Notwithstanding the foregoing, the Borrower may not request any Loans hereunder while a Change of Control Standstill Period shall be in effect pursuant to Section 3.4(e) hereof.

Appears in 1 contract

Sources: Credit Agreement (Autozone Inc)

Revolving Commitment. Subject During the Commitment Period, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Revolving Lender severally agrees to make available revolving credit loans in Dollars (“Revolving Loans”) to the Borrower from time to time for the purposes hereinafter set forth; provided, however, that (i) with regard to each Revolving Lender individually, the sum of such Revolving Lender's ’s Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars aggregate principal amount of outstanding Revolving Loans plus such Revolving Lender’s Revolving Commitment Percentage of outstanding Swingline Loans plus such Revolving Lender’s Revolving Commitment Percentage of outstanding LOC Obligations shall not exceed such Revolving Lender’s Revolving Commitment and ("REVOLVING LOANS"ii) from time with regard to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDEDLenders collectively, HOWEVER, that the sum of the aggregate outstanding principal amount of outstanding Revolving Loans plus outstanding Swingline Loans plus outstanding LOC Obligations shall not exceed the Revolving Committed Amount then in effect. For purposes hereof, the aggregate principal amount available hereunder for Revolving Loans shall not exceed ONE HUNDRED be TEN MILLION DOLLARS ($100,000,00010,000,000) (as such aggregate maximum amount may be reduced from time to time as provided in Section 3.42.7, the "REVOLVING COMMITTED AMOUNT"); PROVIDED, FURTHER, (A) with regard to each Lender individually, such Lender's outstanding Revolving Loans shall not exceed such Lender's Revolving Commitment Percentage of the Revolving Committed Amount, and (B) the sum of the aggregate outstanding principal amount of Revolving Loans PLUS LOC Obligations PLUS Swingline Loans shall not exceed the Revolving Committed Amount”). The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Alternate Base Rate Loans or Eurodollar LIBOR Rate Loans, or a combination thereof, as the Borrower may request; PROVIDED, HOWEVER, that no more than 15 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof; provided, however, the Revolving Loans made on the Closing Date may only consist of Alternate Base Rate Loans unless the Borrower delivers a funding indemnity letter reasonably acceptable to the Administrative Agent not less than three (3) Business Days prior to the Closing Date. LIBOR Rate Loans shall be made by each Revolving Lender at its LIBOR Lending Office and Alternate Base Rate Loans at its Domestic Lending Office.

Appears in 1 contract

Sources: First Lien Credit Agreement (American Pacific Corp)

Revolving Commitment. Subject During the Commitment Period, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Lender severally agrees to make available make, in an amount up to the Borrower such Lender's its applicable Revolving Commitment Percentage of Committed Amount, revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANS") to the Borrower from time to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDED, HOWEVER, that the sum of the in an aggregate outstanding principal amount of Revolving Loans shall not exceed ONE HUNDRED up to FORTY-FIVE MILLION DOLLARS ($100,000,00045,000,000) (as such aggregate maximum amount may be reduced from time to time as provided in Section 3.42.6, the "AGGREGATE REVOLVING COMMITTED AMOUNT")) for the purposes hereinafter set forth; PROVIDED, FURTHERHOWEVER, that (Ai) with regard to each Lender individually, the sum of such Lender's share of outstanding Revolving Loans PLUS such Lender's Revolving Commitment Percentage of outstanding Swingline Loans plus such Lender's LOC Commitment Percentage of LOC Obligations shall not exceed such Lender's Revolving Commitment Percentage of the Revolving Committed Amount, and (Bii) with regard to the Lenders collectively, the sum of the aggregate outstanding principal amount of Revolving Loans PLUS outstanding Swingline Loans PLUS LOC Obligations PLUS Swingline Loans shall not exceed the lesser of (A) the Aggregate Revolving Committed AmountAmount and (B) the Borrowing Base. The Notwithstanding the foregoing, the Borrower may obtain an initial advance Revolving Loan in the amount of the Revolving Loans $30,000,000 on the Closing Date provided that cash proceeds in that same amount from Tech-Sym Corporation shall consist solely of Base Rate Loansbe received by the Borrower immediately following the Closing Date and applied to repay such initial Revolving Loan and no additional borrowings shall be available hereunder until, after giving effect to any such borrowing, the Borrower will be in compliance with the Borrowing Base. Thereafter, Revolving Loans may consist of Alternate Base Rate Loans or Eurodollar LIBOR Rate Loans, or a combination thereof, as the Borrower may request; PROVIDED, HOWEVER, that no more than 15 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof. LIBOR Rate Loans shall be made by each Lender at its LIBOR Lending Office and Alternate Base Rate Loans at its Domestic Lending Office.

Appears in 1 contract

Sources: Credit Agreement (Integrated Defense Technologies Inc)

Revolving Commitment. Subject During the Commitment Period, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Revolving Lender severally severally, but not jointly, agrees to make available to the Borrower such Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANS"“Revolving Loans”) to the Borrowers from time to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDED, HOWEVER, that the sum of the in an aggregate outstanding principal amount of Revolving Loans shall not exceed ONE up to TWO HUNDRED TWENTY-FIVE MILLION DOLLARS ($100,000,000225,000,000) (as increased from time to time as provided in Section 2.22 and as such aggregate maximum amount may be reduced from time to time as provided in Section 3.42.6, the "REVOLVING COMMITTED AMOUNT"“Revolving Committed Amount”) for the purposes hereinafter set forth (such facility, the “Revolving Facility”); PROVIDEDprovided, FURTHERhowever, that (Ai) with regard to each Revolving Lender individually, the sum of such Revolving Lender's outstanding Revolving Loans shall not exceed such Lender's ’s Revolving Commitment Percentage of the aggregate principal amount of outstanding Revolving Committed Amount, Loans plus such Revolving Lender’s Revolving Commitment Percentage of outstanding Swingline Loans plus such Revolving Lender’s Revolving Commitment Percentage of outstanding LOC Obligations shall not exceed such Revolving Lender’s Revolving Commitment and (Bii) with regard to the Revolving Lenders collectively, the sum of the aggregate outstanding principal amount of outstanding Revolving Loans PLUS plus outstanding Swingline Loans plus outstanding LOC Obligations PLUS Swingline Loans shall not exceed the Revolving Committed AmountAmount then in effect. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Alternate Base Rate Loans or Eurodollar LIBOR Rate Loans, or a combination thereof, as the applicable Borrower may request; PROVIDED, HOWEVER, that no more than 15 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof; provided, however, the Revolving Loans made on the Closing Date or any of the three (3) Business Days following the Closing Date, may only consist of Alternate Base Rate Loans unless the Borrowers deliver a funding indemnity letter, substantially in the form of Exhibit 2.1(a), reasonably acceptable to the Administrative Agent not less than three (3) Business Days prior to the Closing Date. LIBOR Rate Loans shall be made by each Revolving Lender at its LIBOR Lending Office and Alternate Base Rate Loans at its Domestic Lending Office.

Appears in 1 contract

Sources: Credit Agreement (Innophos Holdings, Inc.)

Revolving Commitment. Subject During the Commitment Period, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Revolving Lender severally agrees to severally, but not jointly, shall make available revolving credit loans in Dollars (“Revolving Loans”) to the Borrower such Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANS") from time to time from in an aggregate principal amount not at any time exceeding the total of Revolving Commitments of all the Lenders, which amount on the Closing Date until the Maturity Dateshall equal ONE BILLION, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDED, HOWEVER, that the sum of the aggregate outstanding principal amount of Revolving Loans shall not exceed ONE THREE HUNDRED MILLION DOLLARS ($100,000,0001,300,000,000) (as increased from time to time as provided in Section 2.22 and as such aggregate maximum amount may be reduced from time to time as provided in Section 3.42.6, the "REVOLVING COMMITTED AMOUNT"“Revolving Committed Amount”) for the purposes hereinafter set forth (the “Revolving Facility”); PROVIDEDprovided, FURTHERhowever, that (Ai) with regard to each Revolving Lender individually, the sum of such Revolving Lender's outstanding Revolving Loans shall not exceed such Lender's ’s Revolving Commitment Percentage of the aggregate principal amount of outstanding Revolving Committed Amount, Loans plus such Revolving Lender’s Revolving Commitment Percentage of outstanding Swingline Loans plus such Revolving Lender’s Revolving Commitment Percentage of outstanding LOC Obligations shall not exceed such Revolving Lender’s Revolving Commitment and (Bii) with regard to the Revolving Lenders collectively, the sum of the aggregate outstanding principal amount of outstanding Revolving Loans PLUS plus the aggregate principal amount of outstanding Swingline Loans plus the aggregate principal amount of outstanding LOC Obligations PLUS Swingline Loans shall not exceed the Revolving Committed AmountAmount then in effect. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Alternate Base Rate Loans or Eurodollar LIBOR Rate Loans, or a combination thereof, as the Borrower may request; PROVIDED, HOWEVER, that no more than 15 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof; provided, however, the Revolving Loans made on the Closing Date or any of the three (3) Business Days following the Closing Date, may only consist of Alternate Base Rate Loans unless the Borrower delivers a funding indemnity letter, substantially in the form of Exhibit 2.1(a), reasonably acceptable to the Administrative Agent on or before the Closing Date, in which case LIBOR Rate Loans are available to the Borrower. LIBOR Rate Loans shall be made by each Revolving Lender at its LIBOR Lending Office and Alternate Base Rate Loans at its Domestic Lending Office.

Appears in 1 contract

Sources: Credit Agreement (Mednax, Inc.)

Revolving Commitment. Subject During the Commitment Period, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Revolving Lender severally agrees to make available revolving credit loans ("Revolving Loans") to Borrower from time to time for the Borrower purposes hereinafter set forth; provided, however, that (i) with regard to each Revolving Lender individually, the sum of such Revolving Lender's share of outstanding Revolving Loans plus such Revolving Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars outstanding Swingline Loans plus such Revolving Lender's Revolving Commitment Percentage of outstanding LOC Obligations shall not exceed such Revolving Lender's Revolving Commitment and ("REVOLVING LOANS"ii) from time with regard to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDEDLenders collectively, HOWEVER, that the sum of the aggregate outstanding principal amount of outstanding Revolving Loans plus outstanding Swingline Loans plus outstanding LOC Obligations shall not exceed the Revolving Committed Amount then in effect. For purposes hereof, the aggregate maximum amount available hereunder shall be ONE HUNDRED MILLION DOLLARS ($100,000,000) (as such aggregate maximum amount may be reduced from time to time as provided in Section 3.42.7, the "REVOLVING COMMITTED AMOUNTRevolving Committed Amount"); PROVIDEDprovided, FURTHERhowever, (A) with regard to that during the period commencing on March 1 and ending on October 1 of each Lender individuallyyear, such Lender's outstanding Revolving Loans shall not exceed such Lender's Revolving Commitment Percentage of the Revolving Committed Amount, and (B) the sum of the aggregate outstanding principal amount no more than $50,000,000 of Revolving Loans PLUS LOC Obligations PLUS Swingline Loans shall not exceed the Revolving Committed Amountmay be outstanding. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Alternate Base Rate Loans or Eurodollar LIBOR Rate Loans, or a combination thereof, as the Borrower may request; PROVIDED, HOWEVER, that no more than 15 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof. LIBOR Rate Loans shall be made by each Revolving Lender at its LIBOR Lending Office and Alternate Base Rate Loans at its Domestic Lending Office.

Appears in 1 contract

Sources: Credit Agreement (Directed Electronics, Inc.)

Revolving Commitment. Subject During the Commitment Period, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Revolving Lender severally severally, but not jointly, agrees to make available to the Borrower such Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANS") to the Borrower from time to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDED, HOWEVER, that the sum of the in an aggregate outstanding principal amount of Revolving Loans shall not exceed ONE HUNDRED up to FORTY MILLION DOLLARS ($100,000,00040,000,000) (as such aggregate maximum amount may be reduced from time to time as provided in Section 3.42.7, the "AGGREGATE REVOLVING COMMITTED AMOUNT")) for the purposes hereinafter set forth; PROVIDED, FURTHERHOWEVER, that (Ai) with regard to each Revolving Lender individually, the sum of such Revolving Lender's Revolving Commitment Percentage of outstanding Revolving Loans PLUS such Revolving Lender's Revolving Commitment Percentage of outstanding Swingline Loans PLUS such Revolving Lender's LOC Commitment Percentage of LOC Obligations shall not exceed such Lender's Revolving Commitment Percentage of Committed Amount and (ii) with regard to the Revolving Committed AmountLenders collectively, and (B) the sum of the aggregate outstanding principal amount of Revolving Loans PLUS outstanding Swingline Loans PLUS LOC Obligations PLUS Swingline Loans shall not exceed the Aggregate Revolving Committed Amount. The initial advance of the No Revolving Loans shall be borrowed on the Closing Date shall consist solely of Base Rate LoansDate. Thereafter, Revolving Loans may consist of Alternate Base Rate Loans or Eurodollar LIBOR Rate Loans, or a combination thereof, as the Borrower may request; PROVIDED, HOWEVER, that no more than 15 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof; PROVIDED, HOWEVER, Revolving Loans made on any of the three Business Days following the Closing Date may only consist of Alternate Base Rate Loans unless the Borrower executes a funding indemnity letter in form and substance satisfactory to the Administrative Agent. LIBOR Rate Loans shall be made by each Revolving Lender at its LIBOR Lending Office and Alternate Base Rate Loans at its Domestic Lending Office.

Appears in 1 contract

Sources: Credit Agreement (Medvest Holdings Corp)

Revolving Commitment. Subject During the Commitment Period, subject to the terms and conditions hereof and in reliance upon hereof, the representations and warranties set forth hereinRevolving Lenders severally, each Lender severally agrees but not jointly, agree to make available revolving credit loans in Dollars (“Revolving Loans”) to the Borrower such Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANS") from time to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDED, HOWEVER, that the sum of the in an aggregate outstanding principal amount of Revolving Loans shall not exceed ONE HUNDRED MILLION DOLLARS up to $300,000,000 ($100,000,000as increased from time to time as provided in Section 2.20(a) (and as such aggregate maximum amount may be reduced from time to time as provided in Section 3.42.5, the "REVOLVING COMMITTED AMOUNT"“Revolving Committed Amount”) for the purposes hereinafter set forth (such facility, the “Revolving Facility”); PROVIDEDprovided, FURTHERhowever, that (Ai) with regard to each Revolving Lender individually, the sum of such Revolving Lender's outstanding Revolving Loans shall not exceed such Lender's ’s Revolving Commitment Percentage of the aggregate principal amount of outstanding Revolving Committed Amount, Loans plus such Revolving Lender’s Revolving Commitment Percentage of outstanding Swingline Loans plus such Revolving Lender’s Revolving Commitment Percentage of outstanding LOC Obligations shall not exceed such Revolving Lender’s Revolving Commitment and (Bii) with regard to the Revolving Lenders collectively, the sum of the aggregate outstanding principal amount of outstanding Revolving Loans PLUS plus outstanding Swingline Loans plus outstanding LOC Obligations PLUS Swingline Loans shall not exceed the Revolving Committed AmountAmount then in effect. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Alternate Base Rate Loans or Eurodollar LIBOR Rate Loans, or a combination thereof, as the Borrower may request; PROVIDED, HOWEVER, that no more than 15 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof. LIBOR Rate Loans shall be made by each Revolving Lender at its LIBOR Lending Office and Alternate Base Rate Loans at its Domestic Lending Office.

Appears in 1 contract

Sources: Credit Agreement (ARKO Corp.)

Revolving Commitment. Subject During the Revolving Commitment Period, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Revolving Lender severally agrees to make available revolving credit loans in Dollars ("Revolving Loans") to the Borrower from time to time for the purposes hereinafter set forth; provided, however, that (i) with regard to each Revolving Lender individually, the sum of such Revolving Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars aggregate principal amount of outstanding Revolving Loans plus outstanding Swingline Loans plus outstanding Revolving LOC Obligations shall not exceed such Revolving Lender's Revolving Commitment and ("REVOLVING LOANS"ii) from time with regard to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDEDLenders collectively, HOWEVER, that the sum of the aggregate outstanding principal amount of outstanding Revolving Loans plus outstanding Swingline Loans plus outstanding Revolving LOC Obligations shall not exceed ONE HUNDRED the Revolving Committed Amount then in effect. For purposes hereof, the aggregate principal amount available for Revolving Loan borrowings hereunder shall be EIGHTY MILLION DOLLARS ($100,000,00080,000,000) (as such aggregate maximum amount may be reduced from time to time as provided in Section 3.42.8, the "REVOLVING COMMITTED AMOUNT"); PROVIDED, FURTHER, (A) with regard to each Lender individually, such Lender's outstanding Revolving Loans shall not exceed such Lender's Revolving Commitment Percentage of the Revolving Committed Amount, and (B) the sum of the aggregate outstanding principal amount of Revolving Loans PLUS LOC Obligations PLUS Swingline Loans shall not exceed the Revolving Committed Amount"). The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Alternate Base Rate Loans or Eurodollar LIBOR Rate Loans, or a combination thereof, as the Borrower may request; PROVIDED, HOWEVER, that no more than 15 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof; provided, however, the Revolving Loans made on the Closing Date or on either of the two (2) Business Days immediately following the Closing Date may only consist of Alternate Base Rate Loans. LIBOR Rate Loans shall be made by each Revolving Lender at its LIBOR Lending Office and Alternate Base Rate Loans at its Domestic Lending Office.

Appears in 1 contract

Sources: Credit Agreement (Gencorp Inc)

Revolving Commitment. Subject During the Commitment Period, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Revolving Lender severally agrees to make available revolving credit loans in Dollars (“Revolving Loans”) to the Borrower Borrowers from time to time for the purposes hereinafter set forth; provided, however, that (i) with regard to each Revolving Lender individually, the sum of such Revolving Lender's ’s Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars aggregate principal amount of outstanding Revolving Loans plus such Revolving Lender’s Revolving Commitment Percentage of outstanding Swingline Loans plus such Revolving Lender’s Revolving Commitment Percentage of outstanding LOC Obligations shall not exceed such Revolving Lender’s Revolving Commitment and ("REVOLVING LOANS"ii) from time with regard to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDEDLenders collectively, HOWEVER, that the sum of the aggregate outstanding principal amount of outstanding Revolving Loans plus outstanding Swingline Loans plus outstanding LOC Obligations shall not exceed the Revolving Committed Amount then in effect. For purposes hereof, the aggregate principal amount available hereunder for Revolving Loans shall not exceed ONE HUNDRED be FORTY MILLION DOLLARS ($100,000,00040,000,000) (as such aggregate maximum amount may be reduced from time to time as provided in Section 3.42.7, the "REVOLVING COMMITTED AMOUNT"); PROVIDED, FURTHER, (A) with regard to each Lender individually, such Lender's outstanding Revolving Loans shall not exceed such Lender's Revolving Commitment Percentage of the Revolving Committed Amount, and (B) the sum of the aggregate outstanding principal amount of Revolving Loans PLUS LOC Obligations PLUS Swingline Loans shall not exceed the Revolving Committed Amount”). The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Alternate Base Rate Loans or Eurodollar LIBOR Rate Loans, or a combination thereof, as the Borrower Company may request; PROVIDED, HOWEVER, that no more than 15 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof; provided, however, the Revolving Loans made on the Closing Date and three Business Days following the Closing Date may only consist of Alternate Base Rate Loans unless the Company delivers a funding indemnity letter reasonably acceptable to the Administrative Agent not less than three (3) Business Days prior to the Closing Date. LIBOR Rate Loans shall be made by each Revolving Lender at its LIBOR Lending Office and Alternate Base Rate Loans at its Domestic Lending Office.

Appears in 1 contract

Sources: First Lien Credit Agreement (GateHouse Media, Inc.)

Revolving Commitment. Subject During the Commitment Period, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Revolving Lender severally severally, but not jointly, agrees to make available to the Borrower such Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower (“Revolving Loans”) (i) in Dollars and in Foreign Currencies to the Company ("REVOLVING LOANS"“Company Revolving Loans”) and (ii) in Foreign Currencies to the Foreign Borrowers (“Foreign Borrower Revolving Loans”), in each case from time to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDED, HOWEVER, that the sum of the in an aggregate outstanding principal amount of Revolving Loans shall not exceed ONE up to FIVE HUNDRED MILLION DOLLARS ($100,000,000500,000,000) (as increased from time to time as provided in Section 2.22 and as such aggregate maximum amount may be reduced from time to time as provided in Section 3.42.6, the "REVOLVING COMMITTED AMOUNT"“Revolving Committed Amount”) for the purposes hereinafter set forth (such facility, the “Revolving Facility”); PROVIDEDprovided, FURTHERhowever, that (A) with regard to each Revolving Lender individually, the sum of such Revolving Lender's ’s Commitment Percentage of the aggregate principal amount of outstanding Revolving Loans plus such Revolving Lender’s Commitment Percentage of outstanding Swingline Loans plus such Revolving Lender’s Commitment Percentage of outstanding LOC Obligations plus such Lender’s Revolving Credit Commitment Percentage of the Foreign Currency Reserve shall not exceed such Revolving Lender's ’s Revolving Commitment Percentage of the Revolving Committed AmountCommitment, and (B) with regard to the Revolving Lenders collectively, the sum of the aggregate outstanding principal amount of outstanding Revolving Loans PLUS plus outstanding Swingline Loans plus outstanding LOC Obligations PLUS Swingline Loans plus the Foreign Currency Reserve shall not exceed the Revolving Committed AmountAmount then in effect. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Alternate Base Rate Loans, LIBOR Market Index Rate Loans or Eurodollar LIBOR Rate Loans, or a combination thereof, as the Borrower Company may request; PROVIDED, HOWEVER, that no more than 15 Eurodollar request and Revolving Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar denominated in a Foreign Currency may consist of only LIBOR Rate Loans with different Interest Periods shall be considered as separate Eurodollar or LIBOR Market Index Rate Loans, even if they begin on the same dateand in each case, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof; provided, however, that during the three (3) Business Day period commencing on the Seventh Amendment Effective Date, the Foreign Borrowers may only borrow Revolving Loans to the extent the Foreign Borrower requesting such Revolving Loan has delivered a funding indemnity letter, substantially in the form of Exhibit 2.1(a), reasonably acceptable to the Administrative Agent not less than three (3) Business Days prior to the Seventh Amendment Effective Date. LIBOR Rate Loans and LIBOR Market Index Rate Loans shall be made by each Revolving Lender at its LIBOR Lending Office and Alternate Base Rate Loans at its Domestic Lending Office. No Foreign Borrower shall constitute a Borrower under the Company Revolving Loans and the Company shall not constitute a Borrower under the Foreign Borrower Revolving Loans. Notwithstanding any provision in the Credit Documents to the contrary, (a) no Foreign Borrower shall be liable for Loans made to or other Obligations of any other Foreign Borrower, either as a Guarantor or pursuant to joint and several liability as a co-Foreign Borrower, (b) no Foreign Borrower shall be liable for Loans made to the Company or other Obligations of the Company other than Obligations of the Company with respect to Loans made to such Foreign Borrower and (c) no collateral owned by any Foreign Borrower shall secure any Obligations other than the Obligations of such Foreign Borrower.

Appears in 1 contract

Sources: Credit Agreement (Esterline Technologies Corp)

Revolving Commitment. Subject to the terms and conditions hereof of the Credit Agreement and in reliance upon the representations and warranties set forth hereinin the Credit Agreement, each Lender severally agrees to make available to the Borrower ▇▇▇▇ such Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANSRevolving Loans") from time to time from the Closing Date until the Maturity Termination Date, or such earlier date as the Revolving Commitments shall have been terminated as provided hereinin the Credit Agreement for the purposes hereinafter set forth; PROVIDEDprovided further, HOWEVERhowever, that the sum of the aggregate outstanding principal amount of outstanding Revolving Loans shall not exceed ONE HUNDRED FIFTY MILLION DOLLARS ($100,000,00050,000,000) (as such aggregate maximum amount may be reduced from time to time as provided in Section 3.4, the "REVOLVING COMMITTED AMOUNTRevolving Committed Amount"); PROVIDEDprovided, FURTHERfurther, (Ai) with regard to each Lender individually, such Lender's outstanding Revolving Loans shall not exceed such Lender's Revolving Commitment Percentage of the Revolving Committed Amount, and (Bii) with regard to the sum Lenders collectively, the aggregate principal amount of outstanding Revolving Loans plus Domestic LOC Obligations outstanding plus the aggregate principal amount of outstanding Competitive Loans plus the aggregate principal amount of outstanding Swingline Loans plus the Dollar Amount (as determined as of the most recent Determination Date) of the aggregate outstanding principal amount of Revolving outstanding Foreign Currency Loans PLUS plus the Dollar Amount (as determined as of the most recent Determination Date) of Foreign LOC Obligations PLUS Swingline Loans outstanding shall not exceed the Revolving Committed Amount. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Base Rate Loans or Eurodollar Loans, or a combination thereof, as the Borrower ▇▇▇▇ may request, and may be repaid and reborrowed in accordance with the provisions of the Credit Agreement; PROVIDEDprovided, HOWEVERhowever, that no more than 15 12 separate Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for time. For purposes hereofof the Credit Agreement, Eurodollar Loans with different Interest Periods and/or in different currencies shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereofof the Credit Agreement, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid Period and reborrowed in accordance with the provisions hereofsame currency.

Appears in 1 contract

Sources: Credit Agreement (Hunt Corp)

Revolving Commitment. Subject During the Commitment Period, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Revolving Lender severally severally, but not jointly, agrees to make available to the Borrower such Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANS"“Revolving Loans”) to the Borrowers from time to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDED, HOWEVER, that the sum of the in an aggregate outstanding principal amount of Revolving Loans shall not exceed ONE up to THREE HUNDRED MILLION DOLLARS ($100,000,000300,000,000) (as such aggregate maximum amount may be reduced from time to time as provided in Section 3.42.4, the "REVOLVING COMMITTED AMOUNT")“Revolving Committed Amount”) for the purposes hereinafter set forth; PROVIDEDprovided, FURTHERhowever, that (Ai) with regard to each Revolving Lender individually, the sum of such Revolving Lender's ’s Revolving Commitment Percentage of the aggregate principal amount of outstanding Revolving Loans shall not exceed such Revolving Lender's ’s Revolving Commitment Percentage of and with regard to the Revolving Committed AmountLenders collectively, and (B) the sum of the aggregate outstanding principal amount of outstanding Revolving Loans PLUS LOC Obligations PLUS Swingline Loans shall not exceed the Revolving Committed Amount. The initial advance Amount then in effect and (ii) the sum of the aggregate principal amount of outstanding Revolving Loans on shall not exceed the Closing Date Available Borrowing Capacity. No Revolving Loan shall consist solely be made by any Revolving Lender if (i) such Revolving Loan and the Revolving Loan Collateral therefor are not approved by the Administrative Agent in its discretion, (ii) before or after giving effect to such Revolving Loan, the Availability is or would be negative, (iii) before or after giving effect to such Revolving Loan, the aggregate principal amount of Base Rate Loansoutstanding Revolving Loans would exceed the Available Borrowing Capacity and (iv) the conditions to Extensions of Credit in Section 4.2 are not satisfied. Thereafter, Revolving Loans may consist of Alternate Base Rate Loans or Eurodollar LIBOR Rate Loans, or a combination thereof, as the Borrower Borrowers may request; PROVIDED, HOWEVER, that no more than 15 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof; provided, however, the Revolving Loans made on the Restatement Date or any of the three (3) Business Days following the Restatement Date may only consist of Alternate Base Rate Loans unless the Borrowers deliver a funding indemnity letter, substantially in the form of Exhibit 2.1(a), reasonably acceptable to the Administrative Agent not less than three (3) Business Days prior to the Restatement Date. LIBOR Rate Loans shall be made by each Revolving Lender at its LIBOR Lending Office and Alternate Base Rate Loans at its Domestic Lending Office.

Appears in 1 contract

Sources: Credit Agreement (Northstar Realty)

Revolving Commitment. Subject Prior to the Commitment Termination Date, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Lender severally agrees to make available revolving credit loans in Dollars or in any Alternative Currency (“Revolving Loans”) to the Borrower such Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANS") from time to time from for the Closing Date until the Maturity Datepurposes hereinafter set forth; provided, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDED, HOWEVERhowever, that (i) with regard to each Lender individually, the sum of the aggregate such Lender’s share of outstanding principal amount of Revolving Loans plus such Lender’s Commitment Percentage of outstanding Swingline Loans plus such Lender’s Commitment Percentage of LOC Obligations shall not exceed ONE such Lender’s Commitment Percentage of the aggregate Committed Amount, and (ii) with regard to the Lenders collectively, the Advances Outstanding shall not exceed the aggregate Committed Amount then in effect. For purposes hereof, the aggregate amount available hereunder shall be TWO HUNDRED THIRTY MILLION DOLLARS ($100,000,000230,000,000.00) (as such aggregate maximum amount may be (w) increased from time to time as provided in Section 2.2 and (x) reduced from time to time as provided in Section 3.42.6, the "REVOLVING COMMITTED AMOUNT"“Committed Amount”); PROVIDEDprovided, FURTHERhowever, (A) with regard to each Lender individually, such Lender's that the aggregate amount of all outstanding Revolving Loans shall not exceed such Lender's Revolving Commitment Percentage of the Revolving Committed Amount, and (B) the sum of the aggregate outstanding principal amount of Revolving Loans PLUS LOC Obligations PLUS Swingline Loans in Alternative Currencies shall not exceed the Revolving Committed Amount. The initial advance greater of (y) ONE HUNDRED FIFTEEN MILLION DOLLARS ($115,000,000.00) and (z) 50% of the Revolving Loans on the Closing Date shall consist solely of Base Rate LoansCommitted Amount (“Alternative Currency Sub-Limit”). Thereafter, Revolving Loans may consist of Alternate Base Rate Loans or Eurodollar LIBOR Rate Loans, or a combination thereof, as the Borrower may request; PROVIDED, HOWEVER, that no more than 15 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof; provided, however, the Revolving Loans made on the Closing Date or on either of the two Business Days immediately following the Closing Date may only consist of Alternate Base Rate Loans. LIBOR Rate Loans shall be made by each Lender at its LIBOR Lending Office and Alternate Base Rate Loans at its Domestic Lending Office.

Appears in 1 contract

Sources: Credit Agreement (American Capital Strategies LTD)

Revolving Commitment. Subject During the Commitment Period, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Revolving Lender severally severally, but not jointly, agrees to make available revolving credit loans in Dollars (“Revolving Loans”) to the Borrower such Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANS") from time to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDED, HOWEVER, that the sum of the in an aggregate outstanding principal amount of Revolving Loans shall not exceed ONE HUNDRED up to TEN MILLION DOLLARS ($100,000,00010,000,000) (as such aggregate maximum amount may be reduced from time to time as provided in Section 3.42.6, the "REVOLVING COMMITTED AMOUNT")“Revolving Committed Amount”) for the purposes hereinafter set forth; PROVIDEDprovided, FURTHERhowever, that (Ai) with regard to each Revolving Lender individually, the sum of such Revolving Lender's outstanding Revolving Loans shall not exceed such Lender's ’s Revolving Commitment Percentage of the aggregate principal amount of outstanding Revolving Committed Amount, Loans plus such Revolving Lender’s Revolving Commitment Percentage of outstanding Swingline Loans plus such Revolving Lender’s Revolving Commitment Percentage of outstanding LOC Obligations shall not exceed such Revolving Lender’s Revolving Commitment and (Bii) with regard to the Revolving Lenders collectively, the sum of the aggregate outstanding principal amount of outstanding Revolving Loans PLUS plus outstanding Swingline Loans plus outstanding LOC Obligations PLUS Swingline Loans shall not exceed the Revolving Committed AmountAmount then in effect. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Alternate Base Rate Loans or Eurodollar LIBOR Rate Loans, or a combination thereof, as the Borrower may request; PROVIDED, HOWEVER, that no more than 15 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof; provided, however, the Revolving Loans made on the Closing Date or any of the three (3) Business Days following the Closing Date, may only consist of Alternate Base Rate Loans unless the Borrower delivers a funding indemnity letter (which shall provide that the Borrower shall agree to be bound by the terms of Section 2.15(a) (or provisions similar thereto) with respect to such requested borrowing as if such Section 2.15(a) were in effect on the date of such letter and shall otherwise be reasonably acceptable to the Administrative Agent) not less than three (3) Business Days prior to the Closing Date. LIBOR Rate Loans shall be made by each Revolving Lender at its LIBOR Lending Office and Alternate Base Rate Loans at its Domestic Lending Office.

Appears in 1 contract

Sources: Credit Agreement (Riviera Holdings Corp)

Revolving Commitment. Subject During the Commitment Period, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Revolving Lender severally agrees to make available revolving credit loans in Dollars and Foreign Currencies (“Revolving Loans”) to the Borrower such Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANS") from time to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDED, HOWEVER, that the sum in an aggregate principal Dollar Amount of the aggregate outstanding principal amount of Revolving Loans shall not exceed up to ONE HUNDRED AND SEVENTY-FIVE MILLION DOLLARS ($100,000,000175,000,000) (as such aggregate maximum amount may be reduced from time to time as provided in this Section 3.42.01 or in Section 2.09, the "REVOLVING COMMITTED AMOUNT")“Aggregate Revolving Committed Amount”) for the purposes hereinafter set forth; PROVIDEDprovided, FURTHERhowever, that (i) the then-current Aggregate Revolving Committed Amount shall be reduced by FIFTY MILLION DOLLARS ($50,000,000) upon the earlier to occur of (A) the receipt by the Borrower or any of its Subsidiaries of the Asset Sale Tax Refund and (B) September 15, 2004; (ii) the aggregate principal Dollar Amount (determined as of the most recent Revaluation Date) of Revolving Loans outstanding at any time which are denominated in Foreign Currencies shall not exceed the Multicurrency Committed Amount at any time; (iii) with regard to each Revolving Lender individually, the aggregate principal Dollar Amount (determined as of the most recent Revaluation Date) of such Revolving Lender's ’s Revolving Commitment Percentage of outstanding Revolving Loans plus such Revolving Lender’s Revolving Commitment Percentage of outstanding Swingline Loans plus such Revolving Lender’s Revolving Commitment Percentage of LOC Obligations shall not exceed such Revolving Lender's Revolving Commitment Percentage of the ’s Revolving Committed Amount, ; and (Biv) with regard to the sum Revolving Lenders collectively, the aggregate principal Dollar Amount (determined as of the aggregate most recent Revaluation Date) of the outstanding principal amount of Revolving Loans PLUS plus outstanding Swingline Loans plus LOC Obligations PLUS Swingline Loans shall not exceed the Aggregate Revolving Committed AmountAmount then in effect. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Alternate Base Rate Loans or Eurodollar LIBOR Rate Loans, or a combination thereof, as the Borrower may request; PROVIDED, HOWEVER, that no more than 15 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof; provided, however, (A) Revolving Loans denominated in Foreign Currencies shall consist solely of LIBOR Rate Loans and (B) Revolving Loans made on the Closing Date or on any of the three Business Days following the Closing Date may only consist of Alternate Base Rate Loans unless the Borrower executes a funding indemnity letter in form and substance satisfactory to the Administrative Agent. LIBOR Rate Loans shall be made by each Revolving Lender at its LIBOR Lending Office and Alternate Base Rate Loans at its Domestic Lending Office.

Appears in 1 contract

Sources: Credit Agreement (Tredegar Corp)

Revolving Commitment. Subject During the Commitment Period, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Revolving Lender severally agrees to severally, but not jointly, shall make available revolving credit loans in Dollars (“Revolving Loans”) to the Borrower such Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANS") from time to time from in an aggregate principal amount not at any time exceeding the Closing Date until the Maturity Date, or such earlier date as the total of Revolving Commitments of all the Lenders, which amount on the Amendment No. 2 Effective Date shall have been terminated as provided herein; PROVIDED, HOWEVER, that the sum of the aggregate outstanding principal amount of Revolving Loans shall not exceed equal ONE BILLION TWO HUNDRED MILLION DOLLARS ($100,000,0001,200,000,000) (as increased from time to time as provided in Section 2.22 and as such aggregate maximum amount may be reduced from time to time as provided in Section 3.42.6, the "REVOLVING COMMITTED AMOUNT"“Revolving Committed Amount”) for the purposes hereinafter set forth (the “Revolving Facility”); PROVIDEDprovided, FURTHERhowever, that from the Amendment No. 3 Effective Date through September 30, 2021, the aggregate amount of undrawn Revolving Commitments shall be at least $300,000,000 at all times; provided, further, that (Ai) with regard to each Revolving Lender individually, the sum of such Revolving Lender's outstanding Revolving Loans shall not exceed such Lender's ’s Revolving Commitment Percentage of the aggregate principal amount of outstanding Revolving Committed Amount, Loans plus such Revolving Lender’s Revolving Commitment Percentage of the outstanding principal amount of the LOC Obligations shall not exceed such Revolving Lender’s Revolving Commitment and (Bii) with regard to the Revolving Lenders collectively, the sum of the aggregate outstanding principal amount of outstanding Revolving Loans PLUS plus the aggregate principal amount of outstanding LOC Obligations PLUS Swingline Loans shall not exceed the Revolving Committed AmountAmount then in effect. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Alternate Base Rate Loans or Eurodollar LIBOR Rate Loans, or a combination thereof, as the Borrower may request; PROVIDED, HOWEVER, that no more than 15 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof; provided, however, the Revolving Loans made on the Closing Date or any of the three (3) Business Days following the Closing Date, may only consist of Alternate Base Rate Loans unless the Borrower delivers a funding indemnity letter, substantially in the form of Exhibit 2.1(a), reasonably acceptable to the Administrative Agent on or before the Closing Date, in which case LIBOR Rate Loans are available to the Borrower. LIBOR Rate Loans shall be made by each Revolving Lender at its LIBOR Lending Office and Alternate Base Rate Loans at its Domestic Lending Office.

Appears in 1 contract

Sources: Credit Agreement (Mednax, Inc.)

Revolving Commitment. Subject During the Commitment Period, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Revolving Lender severally severally, but not jointly, agrees to make available revolving credit loans in Dollars (“Revolving Loans”) to the Borrower such Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANS") from time to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDED, HOWEVER, that the sum of the in an aggregate outstanding principal amount of Revolving Loans shall not exceed ONE HUNDRED up to FIFTY MILLION DOLLARS ($100,000,00050,000,000) (as such aggregate maximum amount may be reduced from time to time as provided in Section 3.42.6, the "REVOLVING COMMITTED AMOUNT"“Revolving Committed Amount”) for the purposes hereinafter set forth (such facility, the “Revolving Facility”); PROVIDEDprovided, FURTHERhowever, that (Ai) with regard to each Revolving Lender individually, the sum of such Revolving Lender's outstanding Revolving Loans shall not exceed such Lender's ’s Revolving Commitment Percentage of the aggregate principal amount of outstanding Revolving Committed Amount, Loans plus such Revolving Lender’s Revolving Commitment Percentage of outstanding LOC Obligations shall not exceed such Revolving Lender’s Revolving Commitment and (Bii) with regard to the Revolving Lenders collectively, the sum of the aggregate outstanding principal amount of outstanding Revolving Loans PLUS plus outstanding LOC Obligations PLUS Swingline Loans shall not exceed the Revolving Committed AmountAmount then in effect. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Alternate Base Rate Loans or Eurodollar LIBOR Rate Loans, or a combination thereof, as the Borrower may request; PROVIDED, HOWEVER, that no more than 15 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof; provided, however, the Revolving Loans made on the Closing Date or any of the three (3) Business Days following the Closing Date, may only consist of Alternate Base Rate Loans unless the Borrower delivers a funding indemnity letter, substantially in the form of Exhibit 2.1(a), reasonably acceptable to the Administrative Agent not less than three (3) Business Days prior to the Closing Date. LIBOR Rate Loans shall be made by each Revolving Lender at its LIBOR Lending Office and Alternate Base Rate Loans at its Domestic Lending Office.

Appears in 1 contract

Sources: Credit Agreement (Impax Laboratories Inc)

Revolving Commitment. Subject To the extent any Revolving Loans (as defined below) are outstanding under the Original Credit Agreement on the Restatement Effective Date, such Revolving Loans shall be deemed to constitute Revolving Loans outstanding hereunder from and after the Restatement Effective Date. In addition, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth herein, each Revolving Lender severally agrees to make available to the Borrower such Revolving Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANSRevolving Loans") from time to time from the Closing Restatement Effective Date until the Revolving Loan Maturity Date, or such earlier date as on which the Revolving Commitments shall have been terminated as provided herein; PROVIDEDprovided, HOWEVERhowever, that (i) with regard to the sum of Lenders collectively, the aggregate outstanding principal amount of Revolving Loans the Obligations outstanding shall not exceed ONE HUNDRED MILLION DOLLARS ($100,000,000) (as such aggregate maximum amount may be reduced from time to time as provided in Section 3.4, the "REVOLVING COMMITTED AMOUNT"); PROVIDED, FURTHER, lesser of (A) the Aggregate Committed Amount and (B) the Borrowing Base; and (ii) with regard to each Revolving Lender individually, the amount of such Revolving Lender's Revolving Commitment Percentage of the Revolving Obligations outstanding Revolving Loans shall not exceed such Revolving Lender's Revolving Commitment Percentage of the Revolving Committed Amount, and (B) the sum of the aggregate outstanding principal amount of Revolving Loans PLUS LOC Obligations PLUS Swingline Loans shall not exceed the Revolving Committed Amount. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Base Rate Loans or Eurodollar Loans, or a combination thereof, as the Borrower may request; PROVIDEDprovided, HOWEVERhowever, that no more than 15 six Eurodollar Loans shall be outstanding hereunder under this Section 2.1 at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions 43 44 hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof.

Appears in 1 contract

Sources: Credit Agreement (Cca Prison Realty Trust)

Revolving Commitment. Subject During the Commitment Period, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Revolving Lender severally severally, but not jointly, agrees to make available revolving credit loans in Dollars (“Revolving Loans”) to the Borrower such Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANS") from time to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDED, HOWEVER, that the sum of the in an aggregate outstanding principal amount of Revolving Loans shall not exceed ONE up to SIX HUNDRED MILLION DOLLARS ($100,000,000600,000,000) (as increased from time to time as provided in Section 2.1(f) and as such aggregate maximum amount may be reduced from time to time as provided in Section 3.42.6, the "REVOLVING COMMITTED AMOUNT")“Revolving Committed Amount”) for the purposes hereinafter set forth; PROVIDEDprovided, FURTHERhowever, that (Ai) with regard to each Revolving Lender individually, the sum of such Revolving Lender's ’s Commitment Percentage of the aggregate principal amount of outstanding Revolving Loans plus such Revolving Lender’s Commitment Percentage of outstanding Swingline Loans plus such Revolving Lender’s Commitment Percentage of outstanding LOC Obligations shall not exceed such Revolving Lender's ’s Revolving Commitment Percentage of and (ii) with regard to the Revolving Committed AmountLenders collectively, and (B) the sum of the aggregate outstanding principal amount of outstanding Revolving Loans PLUS plus outstanding Swingline Loans plus outstanding LOC Obligations PLUS Swingline Loans shall not exceed the Revolving Committed AmountAmount then in effect. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Alternate Base Rate Loans or Eurodollar SOFR Loans, or a combination thereof, as the Borrower may request; PROVIDED, HOWEVER, that no more than 15 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof; provided, however, the Revolving Loans made on the Closing Date or any of the three (3) Business Days following the Closing Date, may only consist of Alternate Base Rate Loans unless the Borrower delivers a funding indemnity letter, substantially in the form of Exhibit 2.1(a), reasonably acceptable to the Administrative Agent not less than three (3) Business Days prior to the Closing Date. SOFR Loans and Alternate Base Rate Loans shall be made by each Revolving Lender at its Domestic Lending Office.

Appears in 1 contract

Sources: Credit Agreement (Osi Systems Inc)

Revolving Commitment. Subject During the Commitment Period, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Revolving Lender severally severally, but not jointly, agrees to make available revolving credit loans ("Revolving Loans") to the Borrower such Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANS") from time to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDED, HOWEVER, that the sum of the in an aggregate outstanding principal amount of Revolving Loans shall not exceed ONE HUNDRED up to THIRTY MILLION DOLLARS ($100,000,00030,000,000) (as such aggregate maximum amount may be reduced from time to time as provided in Section 3.42.6, the "REVOLVING COMMITTED AMOUNTRevolving Committed Amount")) for the purposes hereinafter set forth; PROVIDEDprovided, FURTHERhowever, that (Ai) with regard to each Revolving Lender individually, the sum of such Lender's outstanding Revolving Loans shall not exceed such Lender's Revolving Commitment Percentage of the aggregate principal amount of outstanding Revolving Committed Amount, Loans plus the aggregate principal amount of outstanding Swingline Loans plus LOC Obligations shall not exceed such Revolving Lender's Revolving Commitment and (Bii) with regard to the Revolving Lenders collectively, the sum of the aggregate outstanding principal amount of outstanding Revolving Loans PLUS plus the aggregate principal amount of outstanding Swingline Loans plus LOC Obligations PLUS Swingline Loans shall not exceed the Revolving Committed Amount. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Alternate Base Rate Loans or Eurodollar LIBOR Rate Loans, or a combination thereof, as the Borrower may request; PROVIDED, HOWEVER, that no more than 15 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof; provided, however, Revolving Loans made on the Closing Date or on any of the three (3) Business Days following the Closing Date may only consist of Alternate Base Rate Loans unless the Borrower delivers a funding indemnity letter to the Administrative Agent at least three (3) Business Days prior to the Closing Date. LIBOR Rate Loans shall be made by each Revolving Lender at its LIBOR Lending Office and Alternate Base Rate Loans at its Domestic Lending Office.

Appears in 1 contract

Sources: Credit Agreement (Bradley Pharmaceuticals Inc)

Revolving Commitment. Subject During the Commitment Period, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each U.S. Revolving Lender severally severally, but not jointly, agrees to make available to the Borrower such Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower (“U.S. Revolving Loans”) in Dollars ("REVOLVING LOANS") to the Domestic Borrowers from time to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDED, HOWEVER, that the sum of the in an aggregate outstanding principal amount of Revolving Loans shall not exceed ONE HUNDRED MILLION up to EIGHTY Million DOLLARS ($100,000,00080,000,000) (as such aggregate maximum amount may be reduced from time to time as provided in Section 3.42.6, the "REVOLVING COMMITTED AMOUNT"“U.S. Revolving Committed Amount”) for the purposes hereinafter set forth (such facility, the “U.S. Revolving Facility”); PROVIDEDprovided, FURTHERhowever, that after giving effect to such U.S. Revolving Loans, (A) with regard to each U.S. Revolving Lender individually, such U.S. Lender's outstanding U.S. Revolving Loans Credit Exposure shall not exceed such U.S. Revolving Lender's U.S. Revolving Commitment Percentage of the Revolving Committed AmountCommitment, and (B) with regard to the sum of U.S. Revolving Lenders collectively, the aggregate U.S. Revolving Credit Exposure outstanding principal amount of shall not exceed the U.S. Revolving Loans PLUS LOC Obligations PLUS Swingline Loans Committed Amount then in effect and (C) the Aggregate U.S. Revolving Credit Exposure shall not exceed the Revolving Committed Availability Amount. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, U.S. Revolving Loans may consist of Alternate Base Rate Loans or Eurodollar LIBOR Rate Loans, or a combination thereof, as the Borrower Company may request; PROVIDED. U.S. Revolving Loans made on the Closing Date or any of the three (3) Business Days following the Closing Date, HOWEVERmay only consist of Alternate Base Rate Loans unless the Domestic Borrowers deliver a funding indemnity letter, that no more substantially in the form of Exhibit 2.1(a), reasonably acceptable to the Administrative Agent not less than 15 Eurodollar three (3) Business Days prior to the Closing Date. LIBOR Rate Loans shall be outstanding hereunder made by each U.S. Revolving Lender at any time (it being understood that, for purposes hereof, Eurodollar its LIBOR Lending Office and Alternate Base Rate Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereofits Domestic Lending Office.

Appears in 1 contract

Sources: Credit Agreement (VOXX International Corp)

Revolving Commitment. Subject On the date on which any Drawing is requested (whether or not in an Optional Currency) under the Revolving Facility, the Facility Agent shall determine whether the aggregate of: (a) the amount in Euro of that Drawing or, if denominated in an Optional Currency, the Euro Equivalent (determined as at or about 11:00 am 3 Business Days prior to the relevant Drawing Date) of that Drawing; and (b) the Euro Equivalent (determined as at or about 11:00 am 3 Business Days prior to each respective original Drawing Date (the “original Drawing Date” in respect of those Letters of Credit and Lender Guarantees deemed issued on the terms and conditions hereof and in reliance upon the representations and warranties set forth herein, each Lender severally agrees to make available to the Borrower such Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANS") from time to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDED, HOWEVER, that the sum of the aggregate outstanding principal amount Bonding Side Letters being the date on which the respective Letters of Revolving Loans shall not exceed ONE HUNDRED MILLION DOLLARS ($100,000,000) (as such aggregate maximum amount may be reduced from time to time as provided in Section 3.4, the "REVOLVING COMMITTED AMOUNT"); PROVIDED, FURTHER, (A) with regard to each Credit or Lender individually, such Lender's outstanding Revolving Loans shall not exceed such Lender's Revolving Commitment Percentage of the Revolving Committed Amount, and (B) the sum of the aggregate outstanding principal amount of Revolving Loans PLUS LOC Obligations PLUS Swingline Loans shall not exceed the Revolving Committed Amount. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Base Rate Loans or Eurodollar Loans, or a combination thereof, as the Borrower may request; PROVIDED, HOWEVER, that no more than 15 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, Guarantees were deemed issued in accordance with the provisions hereofterms of the relevant Bonding Side Letter)) of each existing Revolving Advance , denominated in an Optional Currency which will be combined outstanding on the relevant Drawing Date; and (c) each existing Revolving Advance, denominated in Euro which will be outstanding on the relevant Drawing Date; and (d) subject to Clause 11.7 (Revaluation of Letters of Credit), the Euro Equivalent (determined as at or about 11:00 am 2 Business Days prior to each respective original Drawing Date) of the total Contingent Liability of all the Lenders under Letters of Credit and Lender Guarantees already issued under the Revolving Facility and denominated in Optional Currencies, which will be outstanding on the relevant Drawing Date; and (e) the total Contingent Liability of all the Lenders under Letters of Credit and Lender Guarantees already issued under the Revolving Facility and denominated in Euro which will be outstanding on the relevant Drawing Date, exceeds the total amount of the Revolving Commitments as applicable of the Lenders, as reduced by the Ancillary Limits in the case of the Revolving Facility. In the event that the Commitments of the Lenders are so exceeded, at the end election of existing Interest Periods Bidco either (i) the requested Revolving Advance, Letter of Credit or Lender Guarantee shall be reduced by the amount by which the total Revolving Commitments of the Lenders are so exceeded or (ii) Bidco may, in respect of a Letter of Credit or Lender Guarantee, pay or procure the payment to constitute the credit of a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may Cash Collateral Account of an amount equal to the amount by which the Lenders’ Commitments are so exceeded in which case the requested Letter of Credit or Lender Guarantee shall be repaid and reborrowed issued in accordance with the provisions hereoffull amount.

Appears in 1 contract

Sources: Loan Agreement (Elster Group SE)

Revolving Commitment. Subject During the Commitment Period, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Revolving Lender severally agrees to make available revolving credit loans in Dollars and Foreign Currencies (“Revolving Loans”) to the Borrower such Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANS") from time to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDED, HOWEVER, that the sum in an aggregate principal Dollar Amount of the aggregate outstanding principal amount of Revolving Loans shall not exceed ONE up to THREE HUNDRED MILLION DOLLARS ($100,000,000300,000,000) (as such aggregate maximum amount may be reduced from time to time as provided in this Section 3.42.09, the "REVOLVING COMMITTED AMOUNT")“Aggregate Revolving Committed Amount”) for the purposes hereinafter set forth; PROVIDEDprovided, FURTHERhowever, that (Ai) the aggregate principal Dollar Amount (determined as of the most recent Revaluation Date) of Revolving Loans outstanding at any time which are denominated in Foreign Currencies shall not exceed the Multicurrency Committed Amount at any time; (ii) with regard to each Revolving Lender individually, the aggregate principal Dollar Amount (determined as of the most recent Revaluation Date) of such Revolving Lender's ’s Revolving Commitment Percentage of outstanding Revolving Loans plus such Revolving Lender’s Revolving Commitment Percentage of outstanding Swingline Loans plus such Revolving Lender’s Revolving Commitment Percentage of LOC Obligations shall not exceed such Revolving Lender's Revolving Commitment Percentage of the ’s Revolving Committed Amount, ; and (Biii) with regard to the sum Revolving Lenders collectively, the aggregate principal Dollar Amount (determined as of the aggregate most recent Revaluation Date) of the outstanding principal amount of Revolving Loans PLUS plus outstanding Swingline Loans plus outstanding LOC Obligations PLUS Swingline Loans shall not exceed the Aggregate Revolving Committed AmountAmount then in effect. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Alternate Base Rate Loans or Eurodollar LIBOR Rate Loans, or a combination thereof, as the Borrower may request; PROVIDED, HOWEVER, that no more than 15 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof; provided, however, (A) Revolving Loans denominated in Foreign Currencies shall consist solely of LIBOR Rate Loans and (B) Revolving Loans made on the Closing Date or on any of the three (3) Business Days following the Closing Date may only consist of Alternate Base Rate Loans unless the Borrower executes a funding indemnity letter in form and substance satisfactory to the Administrative Agent. LIBOR Rate Loans shall be made by each Revolving Lender at its LIBOR Lending Office and Alternate Base Rate Loans at its Domestic Lending Office.

Appears in 1 contract

Sources: Credit Agreement (Tredegar Corp)

Revolving Commitment. Subject During the Commitment Period, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Revolving Lender severally severally, but not jointly, agrees to make available to the Borrower such Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANS"“Revolving Loans”) to the Borrowers from time to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDED, HOWEVER, that the sum in an aggregate principal amount of up to TWO HUNDRED FIFTY MILLION DOLLARS ($250,000,000) less the aggregate outstanding principal amount balance of Revolving all Term Loans shall not exceed ONE HUNDRED MILLION DOLLARS ($100,000,000) (as such aggregate maximum amount may be reduced from time to time as provided in Section 3.42.4, the "REVOLVING COMMITTED AMOUNT")“Revolving Committed Amount”) for the purposes hereinafter set forth; PROVIDEDprovided, FURTHERhowever, that (Ai) with regard to each Revolving Lender individually, the sum of such Revolving Lender's ’s Revolving Commitment Percentage of the aggregate principal amount of outstanding Revolving Loans shall not exceed such Revolving Lender's ’s Revolving Commitment Percentage of and (ii) with regard to the Revolving Committed AmountLenders collectively, and (B) the sum of the aggregate outstanding principal amount of outstanding Revolving Loans PLUS LOC Obligations PLUS Swingline Loans shall not exceed the Revolving Committed AmountAmount then in effect. The initial advance of No Revolving Loan shall be made by any Revolving Lender if (i) such Revolving Loan and the Revolving Loan Collateral therefor are not approved by the Administrative Agent in its discretion, (ii) before or after giving effect to such Revolving Loan, the Availability is or would be negative, (iii) the conditions to Extensions of Credit in Section 4.2 are not satisfied or (iv) the aggregate outstanding principal balance of all Term Loans on the Closing Date shall consist solely of Base Rate Loansis equal to or greater than $200,000,000. Thereafter, Revolving Loans may consist of Alternate Base Rate Loans or Eurodollar LIBOR Rate Loans, or a combination thereof, as the Borrower Borrowers may request; PROVIDED, HOWEVER, that no more than 15 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof; provided, however, the Revolving Loans made on the Closing Date or any of the three (3) Business Days following the Closing Date, may only consist of Alternate Base Rate Loans unless the Borrowers deliver a funding indemnity letter, substantially in the form of Exhibit 2.1(a), reasonably acceptable to the Administrative Agent not less than three (3) Business Days prior to the Closing Date. LIBOR Rate Loans shall be made by each Revolving Lender at its LIBOR Lending Office and Alternate Base Rate Loans at its Domestic Lending Office.

Appears in 1 contract

Sources: Credit Agreement (CapLease, Inc.)

Revolving Commitment. Subject During the Commitment Period, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Revolving Lender severally severally, but not jointly, agrees to make available revolving credit loans (“Revolving Loans”) to the Borrower Borrowers from time to time in an aggregate principal amount of up to such Revolving Lender's ’s Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ONE HUNDRED AND FORTY MILLION DOLLARS ("REVOLVING LOANS"$140,000,000) (as increased from time to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDED, HOWEVER, that the sum of the aggregate outstanding principal amount of Revolving Loans shall not exceed ONE HUNDRED MILLION DOLLARS ($100,000,000) (in Section 2.5 and as such aggregate maximum amount may be reduced from time to time as provided in Section 3.42.7, the "REVOLVING COMMITTED AMOUNT")“Revolving Committed Amount”) for the purposes hereinafter set forth; PROVIDEDprovided, FURTHERhowever, that (Ai) with regard to each Revolving Lender individually, the sum of such Revolving Lender's ’s share of outstanding Revolving Loans plus such Revolving Lender’s Revolving Commitment Percentage of outstanding Swingline Loans plus such Revolving Lender’s Revolving Commitment Percentage of outstanding LOC Obligations shall not exceed such Revolving Lender's ’s Revolving Commitment Percentage of the Revolving Committed AmountCommitment, and (Bii) with regard to the Lenders collectively, the sum of the aggregate outstanding principal amount of Revolving Loans PLUS plus outstanding Swingline Loans plus outstanding LOC Obligations PLUS Swingline Loans shall not exceed the Revolving Committed Amount. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Alternate Base Rate Loans or Eurodollar LIBOR Rate Loans, or a combination thereof, as the Parent Borrower may request; PROVIDED, HOWEVER, that no more than 15 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof; provided, however, Revolving Loans made on the Closing Date or on any of the three Business Days following the Closing Date may only consist of Alternate Base Rate Loans unless the Parent Borrower requests such Revolving Loans be made as LIBOR Rate Loans in writing on the third Business Day prior to the Closing Date and delivers a funding indemnity letter acceptable to the Administrative Agent on or prior to such third Business Day. LIBOR Rate Loans shall be made by each Revolving Lender at its LIBOR Lending Office and Alternate Base Rate Loans at its Domestic Lending Office.

Appears in 1 contract

Sources: Credit Agreement (Si International Inc)

Revolving Commitment. Subject During the Commitment Period, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Lender severally agrees to make available revolving credit loans (“Revolving Loans”) to the Borrower from time to time for the purposes hereinafter set forth; provided, however, that (i) with regard to each Lender individually, the sum of such Lender's ’s share of outstanding Revolving Loans plus such Lender’s LOC Commitment Percentage of LOC Obligations shall not exceed such Lender’s Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars aggregate Revolving Committed Amount, and ("REVOLVING LOANS"ii) from time with regard to time from the Closing Date until the Maturity DateLenders collectively, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDED, HOWEVER, that the sum of the aggregate outstanding principal amount of outstanding Revolving Loans plus LOC Obligations shall not exceed ONE the aggregate Revolving Committed Amount then in effect. For purposes hereof, the, aggregate amount available hereunder shall be THIRTEEN MILLION FIVE HUNDRED MILLION THOUSAND DOLLARS ($100,000,00013,500,000) (as such aggregate maximum amount may be reduced from time to time as provided in Section 3.42.4 including, without limitation, scheduled mandatory reductions and the maintenance of Reserves, the "REVOLVING COMMITTED AMOUNT"); PROVIDED, FURTHER, (A) with regard to each Lender individually, such Lender's outstanding Revolving Loans shall not exceed such Lender's Revolving Commitment Percentage of the Revolving Committed Amount, and (B) the sum of the aggregate outstanding principal amount of Revolving Loans PLUS LOC Obligations PLUS Swingline Loans shall not exceed the Revolving Committed Amount”). The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Base Floating LIBOR Rate Loans or Eurodollar Fixed LIBOR Rate Loans, or a combination thereof, as the Borrower may request; PROVIDED, HOWEVER, that no more than 15 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof; provided, however, the Revolving Loans made on the Closing Date or on either of the two Business Days immediately following the Closing Date may only consist of Floating LIBOR Rate Loans. Fixed LIBOR Rate Loans shall be made by each Lender at its LIBOR Lending Office and Floating LIBOR Rate Loans at its Domestic Lending Office.

Appears in 1 contract

Sources: Credit Agreement (Sunair Services Corp)

Revolving Commitment. Subject During the Commitment Period, subject to -------------------- the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Lender severally agrees to make available revolving loans (the "Revolving Loans") to the Borrower in the amount of such --------------- Lender's Revolving Commitment Percentage of revolving credit loans requested by such Revolving Loans for the Borrower in Dollars purposes hereinafter set forth; provided that ("REVOLVING LOANS"i) from time with regard to time from the Closing Date until the Maturity DateLenders -------- collectively, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDED, HOWEVER, that the sum of the aggregate outstanding principal amount of Revolving Loans Obligations at any time shall not exceed the lesser of (A) ONE HUNDRED TWELVE MILLION FIVE HUNDRED THOUSAND DOLLARS ($100,000,000112,500,000) (as such aggregate maximum amount may be reduced from time to time as provided in Section 3.4, the "REVOLVING COMMITTED AMOUNTAggregate Revolving Committed Amount"); PROVIDED) or (B) the ------------------------------------ Borrowing Base, FURTHER, and (Aii) with regard to each Lender individually, such Lender's outstanding Revolving Loans Commitment Percentage of Obligations at any time shall not exceed the lesser of (A) such Lender's Revolving Committed Amount or (B) such Lender's Revolving Commitment Percentage of the Borrowing Base; and provided further that, notwithstanding the foregoing, the Administrative Agent may make Revolving Loan advances in its discretion ("Discretionary Over-Advances") for --------------------------- and on behalf of the Lenders in an aggregate principal amount not to exceed the lesser of (A) five percent (5%) of the Borrowing Base or (B) $5 million, and a term of not more than thirty (30) days, even though (i) a Default or Event of Default then exists and has not been waived or cured, (ii) the other conditions to Extensions of Credit under Section 5.2 have not or cannot be satisfied, or (iii) after giving effect thereto, the Obligations then outstanding will be excess of the Borrowing Base (but not in excess of the Aggregate Revolving Committed Amount), if in the reasonable business judgment of the Administrative Agent, such advances are necessary or advisable in the protection or preservation of the collateral or in order to improve the likelihood of repayment of the Obligations hereunder (including financing working capital needs). The Administrative will give prompt notice to the Lenders of any Discretionary Over-Advances and the circumstances giving rise thereto, and (B) the sum Lenders will promptly reimburse the Administrative Agent for its ratable share of such advance. The right and ability of the aggregate outstanding principal amount of Revolving Loans PLUS LOC Obligations PLUS Swingline Loans shall not exceed the Revolving Committed Amount. The initial advance Administrative Agent to make Discretionary Over-Advances hereunder are subject to revocation by written action of the Revolving Loans on the Closing Date shall consist solely of Base Rate LoansRequired Lenders. Thereafter, Revolving Loans may consist of Base Rate Loans or Eurodollar Loans, or a combination thereof, as the Borrower may request; PROVIDED, HOWEVER, that no more than 15 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof.

Appears in 1 contract

Sources: Credit Agreement (Friedmans Inc)

Revolving Commitment. Subject During the Commitment Period, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Revolving Lender severally severally, but not jointly, agrees to make available revolving credit loans (“Revolving Loans”) to the Borrower such Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANS") from time to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDED, HOWEVER, that the sum of the in an aggregate outstanding principal amount of Revolving Loans shall not exceed ONE up to TWO HUNDRED MILLION DOLLARS ($100,000,000200,000,000) (as such aggregate maximum amount may be reduced from time to time as provided in Section 3.42.6, the "REVOLVING COMMITTED AMOUNT")“Revolving Committed Amount”) for the purposes hereinafter set forth; PROVIDEDprovided, FURTHERhowever, that (Ai) with regard to each Revolving Lender individually, the sum of such Revolving Lender's ’s Revolving Commitment Percentage of outstanding Revolving Loans plus such Revolving Lender’s Revolving Commitment Percentage of outstanding Swingline Loans plus such Revolving Lender’s Revolving Commitment Percentage of outstanding LOC Obligations shall not exceed such Revolving Lender's ’s Revolving Commitment Percentage of and (ii) with regard to the Revolving Committed AmountLenders collectively, and (B) the sum of the aggregate outstanding principal amount of Revolving Loans PLUS plus outstanding Swingline Loans plus outstanding LOC Obligations PLUS Swingline Loans shall not exceed the Revolving Committed Amount. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Alternate Base Rate Loans or Eurodollar LIBOR Rate Loans, or a combination thereof, as the Borrower may request; PROVIDED, HOWEVER, that no more than 15 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid or prepaid and reborrowed in accordance with the provisions hereof; provided, however, Revolving Loans made on the Closing Date or on any of the three (3) Business Days following the Closing Date may only consist of Alternate Base Rate Loans. LIBOR Rate Loans shall be made by each Revolving Lender at its LIBOR Lending Office and Alternate Base Rate Loans at its Domestic Lending Office.

Appears in 1 contract

Sources: Credit Agreement (Orthofix International N V)

Revolving Commitment. Subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth herein, each Lender severally agrees to make available to the Borrower such Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANSRevolving Loans") from time to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided hereinherein for the purposes hereinafter set forth; PROVIDEDprovided, HOWEVERhowever, that the sum of the aggregate outstanding principal amount of outstanding Revolving Loans shall not exceed ONE HUNDRED the lesser of (a) FIFTY-FIVE MILLION DOLLARS ($100,000,00055,000,000.00) (as such aggregate maximum amount may be increased or reduced from time to time as provided in Section 3.4, the "REVOLVING COMMITTED AMOUNTRevolving Committed Amount")) and (b) the Borrowing Base; PROVIDEDprovided, FURTHERfurther, (Ai) with regard to each Lender individually, such Lender's outstanding Revolving Loans shall not exceed such Lender's Revolving Commitment Percentage of the Revolving Committed Amount, and (Bii) with regard to the sum Lenders collectively, the aggregate principal amount of outstanding Revolving Loans plus the Dollar Amount (as determined as of the most recent Determination Date) of the aggregate outstanding principal amount of Revolving outstanding Foreign Currency Loans PLUS plus the aggregate principal amount of outstanding Swingline Loans plus LOC Obligations PLUS Swingline Loans outstanding shall not exceed the lesser of (A) the Revolving Committed AmountAmount and (B) the Borrowing Base. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Base Rate Loans or Eurodollar Loans, or a combination thereof, as the Borrower may request; PROVIDED, HOWEVER, that no more than 15 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof.; provided, however, that (x) during the Initial Interest Rate Period, all Eurodollar Loans shall have an Interest Period of one (1) month and (y) no more than 10 Eurodollar Loans shall be outstanding hereunder at any time. For purposes hereof, Eurodollar Loans with different Interest Periods and/or in different

Appears in 1 contract

Sources: Credit Agreement (Genicom Corp)

Revolving Commitment. Subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth herein, each Lender severally agrees to make available to the Borrower such Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANS") from time to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided hereinherein for the purposes hereinafter set forth; PROVIDED, HOWEVER, that the sum of the aggregate principal amount of outstanding Revolving Loans shall not exceed THIRTY MILLION DOLLARS ($30,000,000) (provided, that until such time as the Credit Parties shall have caused the liens relating to the assets of Nothing America, Inc. in favor of Well▇ ▇▇▇go Bank to have been released in full, the aggregate principal amount of Revolving Loans shall not exceed ONE HUNDRED MILLION DOLLARS ($100,000,00028,500,000) (as such aggregate maximum amount may be reduced from time to time as provided in Section 3.43.4 and Section 8.1(g), the "REVOLVING COMMITTED AMOUNT"); PROVIDED, FURTHER, (A) with regard to each Lender individually, such Lender's outstanding Revolving Loans shall not exceed such Lender's Revolving Commitment Percentage of the Revolving Committed Amount, and (B) the sum of the aggregate outstanding principal amount of outstanding Revolving Loans PLUS LOC Obligations PLUS Swingline Loans outstanding shall not exceed the Revolving Committed Amount. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Base Rate Loans or Eurodollar Loans, or a combination thereof, as the Borrower may request, and may be repaid and reborrowed in accordance with the provisions hereof; PROVIDED, HOWEVER, that no more than 15 5 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for time. For purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof.

Appears in 1 contract

Sources: Credit Agreement (Simonds Industries Inc)