Common use of Terms of Revolving Commitment Clause in Contracts

Terms of Revolving Commitment. On the terms and conditions hereinafter set forth, each Lender agrees severally to make Advances to the Borrower in Canadian Dollars from time to time during the period beginning on the Effective Date and ending on the Revolving Maturity Date in such amounts as the Borrower may request up to an amount not to exceed, in the aggregate principal amount advanced at any time, the aggregate Revolving Commitment less Total Outstandings. The obligation of the Borrower hereunder shall be evidenced by this Agreement, the Revolving Notes issued in connection herewith, said Revolving Notes to be as described in Section 3 hereof and the records of the Lenders. The records maintained by each Lender shall constitute, in the absence of manifest error, prima facie evidence of the indebtedness of the Borrower to that Lender in respect of Advances it has made, and all details relating thereto. The failure of the Agent or any Lender to correctly record any such amount or date shall not, however, adversely affect the obligation of the Borrower to pay amounts due hereunder to the Lenders in accordance with this Agreement. Notwithstanding any other provision of this Agreement, no Advance shall be required to be made hereunder if the conditions set forth in Section 11 have not been satisfied. Each Advance under the Revolving Commitment shall be an aggregate amount of at least C$1,000,000 or any whole multiples of C$100,000 in excess thereof. Irrespective of the face amount of the Revolving Note or Notes, the Lenders shall never have the obligation to Advance any amount or amounts in excess of the Revolving Commitment or to increase the Revolving Commitment.

Appears in 1 contract

Sources: Credit Agreement (Exco Resources Inc)

Terms of Revolving Commitment. On the terms and conditions hereinafter set forth, each Lender Bank agrees severally to make Advances to the Borrower in Canadian Dollars from time to time during the period beginning on the Effective Date and ending on the Revolving Maturity Date in such amounts as the Borrower may request up to an amount not to exceed, in the aggregate principal amount advanced outstanding at any time, the aggregate Revolving Commitment less Total OutstandingsCommitment. The obligation of the Borrower hereunder shall be evidenced by this Agreement, Agreement and the Revolving Notes issued in connection herewith, said Revolving Notes to be as described in Section 3 hereof and the records of the Lenders. The records maintained by each Lender shall constitute, in the absence of manifest error, prima facie evidence of the indebtedness of the Borrower to that Lender in respect of Advances it has made, and all details relating thereto. The failure of the Agent or any Lender to correctly record any such amount or date shall not, however, adversely affect the obligation of the Borrower to pay amounts due hereunder to the Lenders in accordance with this Agreementhereof. Notwithstanding any other provision of this Agreement, no Advance shall be required to be made hereunder if any Event of Default (as hereinafter defined) has occurred and is continuing or if any event or condition has occurred or failed to occur which with the conditions set forth in Section 11 have not been satisfiedpassage of time or service of notice, or both, would constitute an Event of Default. Each Advance under the Revolving Commitment shall be an aggregate amount of at least C$1,000,000 $100,000 or any a whole multiples of C$100,000 in excess number multiple thereof. Irrespective of the face amount of the Revolving Note or Notes, the Lenders Banks shall never have the obligation to Advance any amount or amounts in excess of the Revolving Commitment or to increase the Revolving Commitment. The total number of Tranches under the Revolving Commitment which may be outstanding at any time hereunder shall never exceed five (5), whether such Tranches are Prime Rate Loans, Eurodollar Loans, or a combination thereof.

Appears in 1 contract

Sources: Loan Agreement (Gothic Energy Corp)

Terms of Revolving Commitment. On the terms and conditions hereinafter set forth, each Lender agrees severally to make Advances to the Borrower in Canadian Dollars Borrowers from time to time during the period beginning on the Effective Date and ending on the Revolving Maturity Date in such amounts as the Borrower Borrowers may request up to an amount not to exceed, in the aggregate principal amount advanced at any time, the aggregate Revolving Commitment less Total Outstandings. The obligation of the Borrower Borrowers hereunder shall be evidenced by this Agreement, Agreement and the Revolving Notes issued in connection herewith, said Revolving Notes to be as described in Section 3 hereof hereof. The obligations of the Borrowers under this Agreement, the Revolving Notes and the records of the Lenders. The records maintained by each Lender other Loan Documents shall constitute, in the absence of manifest error, prima facie evidence of the indebtedness of the Borrower to that Lender in respect of Advances it has made, be joint and all details relating thereto. The failure of the Agent or any Lender to correctly record any such amount or date shall notseveral; provided, however, adversely affect that the obligation liability of Operating under this Agreement, the Borrower to pay amounts due hereunder Revolving Notes and the Loan Documents shall be limited to the Lenders in accordance with this Agreementmaximum amount of liability that can be incurred without rendering the obligations of Operating under such Loan Documents voidable under applicable law relating to fraudulent conveyance or fraudulent transfer, and not for any greater amount. Notwithstanding any other provision of this Agreement, no Advance shall be required to be made hereunder if the conditions set forth in Section 11 have not been satisfied. Each Advance under the Revolving Commitment shall be an aggregate amount of at least C$$1,000,000 or any whole multiples of C$$100,000 in excess thereof. Irrespective of the face amount of the Revolving Note or Notes, the Lenders shall never have the obligation to Advance any amount or amounts in excess of the Revolving Commitment or to increase the Revolving Commitment.

Appears in 1 contract

Sources: Credit Agreement (Exco Resources Inc)

Terms of Revolving Commitment. On the terms and conditions hereinafter set forth, each Lender agrees severally to make Advances to the Borrower in Canadian Dollars Borrowers from time to time during the period beginning on the Effective Date and ending on the Revolving Maturity Date in such amounts as the Borrower Borrowers may request up to an amount not to exceed, in the aggregate principal amount advanced at any time, the aggregate Revolving Commitment less Total Outstandings. The obligation of the Borrower Borrowers hereunder shall be evidenced by this Agreement, Agreement and the Revolving Notes issued in connection herewith, said Revolving Notes to be as described in Section 3 hereof hereof. The obligations of the Borrowers hereunder, under the Revolving Notes and the records of the Lendersother Loan Documents shall be joint and several. The records maintained by each Lender shall constitute, in the absence of manifest error, prima facie evidence of the indebtedness of the Borrower to that Lender in respect of Advances it has made, and all details relating thereto. The failure of the Agent or any Lender to correctly record any such amount or date shall notProvided, however, adversely affect that the obligation liability of Operating hereunder and under the Borrower to pay amounts due hereunder Revolving Notes and the Loan Documents shall be limited to the Lenders in accordance with this Agreementmaximum amount of liability that can be incurred without rendering the obligations of Operating under such Loan Documents voidable under applicable law relating to fraudulent conveyance or fraudulent transfer, and not for any greater amount. Notwithstanding any other provision of this Agreement, no Advance shall be required to be made hereunder if the conditions set forth in Section 11 have not been satisfiedany Default or Event of Default (as hereinafter defined) has occurred and is continuing. Each Advance under the Revolving Commitment shall be an aggregate amount of at least C$$1,000,000 or any whole multiples of C$$100,000 in excess thereof. Irrespective of the face amount of the Revolving Note or Notes, the Lenders shall never have the obligation to Advance any amount or amounts in excess of the Revolving Commitment or to increase the Revolving Commitment.excess

Appears in 1 contract

Sources: Credit Agreement (Exco Resources Inc)