Amount Limitations. Notwithstanding any other term of this Agreement or any other Loan Document, no Lender shall be required to make a Loan, the Issuing Bank shall not be required to issue a Letter of Credit and no reduction of the Revolving Commitments pursuant to Section 2.13 shall take effect, if immediately after the making of such Loan, the issuance of such Letter of Credit or such reduction in the Revolving Commitments: (a) the aggregate principal amount of all outstanding Revolving Loans, together with the aggregate amount of all Letter of Credit Liabilities and Swingline Loans, would exceed the aggregate amount of the Revolving Commitments at such time; or (b) the aggregate principal amount of all outstanding Loans, together with aggregate amount of all Letter of Credit Liabilities, would exceed the Maximum Loan Availability at such time.
Appears in 7 contracts
Samples: Fifth Amended and Restated Credit Agreement (LGI Homes, Inc.), Credit Agreement (LGI Homes, Inc.), Second Amendment to Fifth Amended and Restated Credit Agreement (LGI Homes, Inc.)
Amount Limitations. Notwithstanding any other term of this Agreement or any other Loan Document, no Lender shall be required to make a Loan, the Issuing Bank shall not be required to issue a Letter of Credit and no reduction of the Revolving Commitments pursuant to Section 2.13 shall take effect, if immediately after the making of such Loan, the issuance of such Letter of Credit or such reduction in the Revolving Commitments:
(a) the aggregate principal amount of all outstanding Revolving Loans, together with the aggregate amount of all Letter of Credit Liabilities and Swingline LoansLiabilities, would exceed the aggregate amount of the Revolving Commitments at such time; or
(b) the aggregate principal amount of all outstanding Loans, together with aggregate amount of all Letter of Credit Liabilities, would exceed the Maximum Loan Availability at such time.
Appears in 5 contracts
Samples: Credit Agreement (LGI Homes, Inc.), Credit Agreement (LGI Homes, Inc.), Credit Agreement (LGI Homes, Inc.)
Amount Limitations. Notwithstanding any other term of this Agreement or any other Loan Document, no Lender shall be required to make a Loan, no Lender shall make any Bid Rate Loan, the Issuing Bank shall not be required to issue a Letter of Credit and no reduction of the Revolving Commitments pursuant to Section 2.13 2.12. shall take effect, if immediately after the making of such Loan, the issuance of such Letter of Credit or such reduction in the Revolving Commitments:
(a) the aggregate principal amount of all outstanding Revolving Loans, Bid Rate Loans and Swingline Loans, together with the aggregate amount of all Letter of Credit Liabilities and Swingline LoansLiabilities, would exceed the aggregate amount of the Revolving Commitments at such time; or
(b) the aggregate principal amount of all outstanding Loans, together with Bid Rate Loans would exceed 50.0% of the aggregate amount of all Letter of Credit Liabilities, would exceed the Maximum Loan Availability Revolving Commitments at such time.
Appears in 4 contracts
Samples: Credit Agreement (Federal Realty OP LP), Credit Agreement (Federal Realty Investment Trust), Credit Agreement (Colonial Realty Limited Partnership)
Amount Limitations. Notwithstanding any other term of this Agreement or any other Loan Document, no Lender shall be required to make a Loan, no Lender shall make any Bid Rate Loan, the Issuing Bank Banks shall not be required to issue a Letter of Credit and no reduction of the Revolving Commitments pursuant to Section 2.13 2.12. shall take effect, if immediately after the making of such Loan, the issuance of such Letter of Credit or such reduction in the Revolving Commitments:
(a) the aggregate principal amount of all outstanding Revolving Loans, Bid Rate Loans and Swingline Loans, together with the aggregate amount of all Letter of Credit Liabilities and Swingline LoansLiabilities, would exceed the aggregate amount of the Revolving Commitments at such time; or
(b) the aggregate principal amount of all outstanding Loans, together with Bid Rate Loans would exceed 50.0% of the aggregate amount of all Letter of Credit Liabilities, would exceed the Maximum Loan Availability Commitments at such time.
Appears in 4 contracts
Samples: Credit Agreement (Regency Centers Lp), Credit Agreement (Regency Centers Lp), Credit Agreement (Regency Centers Lp)
Amount Limitations. Notwithstanding any other term of this Agreement or any other Loan Document, no Lender shall be required to make a Loan, the no Issuing Bank shall not be required to issue a Letter of Credit and no reduction of the Revolving Commitments pursuant to Section 2.13 shall take effect, if immediately after the making of such Loan, the issuance of such Letter of Credit or such reduction in the Revolving Commitments:
(a) the aggregate principal amount of all outstanding Revolving Loans and Swingline Loans, together with the aggregate amount of all Letter of Credit Liabilities and Swingline LoansLiabilities, would exceed the aggregate amount of the Revolving Commitments at such time; or
(b) the aggregate principal amount of all outstanding Loans, together with the aggregate amount of all Letter of Credit Liabilities, would exceed the Maximum Loan Availability at such time.
Appears in 3 contracts
Samples: Credit Agreement (Tier Reit Inc), Credit Agreement (Tier Reit Inc), Credit Agreement (Tier Reit Inc)
Amount Limitations. Notwithstanding any other term of this Agreement or any other Loan Document, no Lender shall be required to make a Loan, no Lender shall make any Bid Rate Loan, the Issuing Bank shall not be required to issue a Letter of Credit and no reduction of the Revolving Commitments pursuant to Section 2.13 2.12. shall take effect, if immediately after the making of such Loan, the issuance of such Letter of Credit or such reduction in the Revolving Commitments:
(a) the aggregate principal amount of all outstanding Revolving Loans, Bid Rate Loans and Swingline Loans, together with the aggregate amount of all Letter of Credit Liabilities and Swingline LoansLiabilities, would exceed the aggregate amount of the Revolving Commitments at such time; or
(b) the aggregate principal amount of all outstanding Loans, together with Bid Rate Loans would exceed 50.0% of the aggregate amount of all Letter of Credit Liabilities, would exceed the Maximum Loan Availability Commitments at such time.
Appears in 3 contracts
Samples: Credit Agreement (Sl Green Operating Partnership, L.P.), Credit Agreement (Regency Centers Lp), Credit Agreement (Post Apartment Homes Lp)
Amount Limitations. Notwithstanding any other term of this Agreement or any other Loan Document, no Lender shall be required to make a Loan, the Issuing Bank shall not be required to issue a Letter of Credit and no reduction of the Revolving Commitments pursuant to Section 2.13 2.11. shall take effect, if immediately after the making of such Loan, the issuance of such Letter of Credit or such reduction in the Revolving Commitments:
(a) the aggregate principal amount of all outstanding Revolving Loans, together with the aggregate amount of all Letter of Credit Liabilities and Swingline LoansLiabilities, would exceed the aggregate amount of the Revolving Commitments at such time; or
(b) the aggregate principal amount of all outstanding Loans, together with aggregate amount of all Letter of Credit Liabilities, would exceed the Maximum Loan Availability at such time.
Appears in 2 contracts
Samples: Credit Agreement (Broadstone Net Lease Inc), Credit Agreement (Broadstone Net Lease Inc)
Amount Limitations. Notwithstanding any other term of this Agreement or any other Loan Document, no Lender shall be required to make a Loan, the Issuing Bank shall not be required to issue a Letter of Credit and no reduction of the Revolving Commitments pursuant to Section 2.13 shall take effect, if immediately after the making of such Loan, the issuance of such Letter of Credit or such reduction in the Revolving Commitments:
, (a) such Lender’s Revolving Commitment Percentage of the aggregate principal amount of all outstanding Revolving Loans, together with the aggregate amount of all Letter of Credit Liabilities and Swingline LoansLiabilities, would exceed the aggregate amount of the such Xxxxxx’s Revolving Commitments at such timeCommitments; or
or (b) the aggregate principal amount of all outstanding Loans, together with aggregate amount of all Letter of Credit Liabilities, would exceed the Maximum Loan Availability at such time.
Appears in 2 contracts
Samples: Credit Agreement (United Homes Group, Inc.), Credit Agreement (United Homes Group, Inc.)
Amount Limitations. Notwithstanding any other term of this Agreement or any other Loan Document, no Lender shall be required to make a Loan, the Issuing Bank shall not be required to issue a Letter of Credit and no reduction of the Revolving Commitments pursuant to Section 2.13 2.06(a) shall take effect, if immediately after the making of such Loan, the issuance of such Letter of Credit or such reduction in the Revolving Commitments:
(a) the aggregate principal amount of all outstanding Revolving Loans and Swingline Loans, together with the aggregate amount of all Letter of Credit Liabilities and Swingline LoansLiabilities, would exceed the aggregate amount of the Revolving Commitments at such time; or
(b) the aggregate principal amount sum of all outstanding Loans, together with aggregate amount of all Letter of Credit Liabilities, (x) Total Outstandings plus (y) Total Bridge Facility Outstandings would exceed the Maximum Loan Availability Borrowing Base at such time.
Appears in 2 contracts
Samples: Credit Agreement (American Realty Capital Properties, Inc.), Credit Agreement (American Realty Capital Trust III, Inc.)
Amount Limitations. Notwithstanding any other term of this Agreement or any other Loan Document, no Lender shall be required to make a Loan, no Lender shall make any Bid Rate Loan, the Issuing Bank shall not be required to issue a Letter of Credit and no reduction of the Revolving Commitments pursuant to Section 2.13 2.13. shall take effect, if immediately after the making of such Loan, the issuance of such Letter of Credit or such reduction in the Revolving Commitments:
(a) the aggregate principal amount of all outstanding Revolving Loans, together with the aggregate amount of all Letter of Credit Liabilities and Swingline LoansLiabilities, would exceed the aggregate amount of the Revolving Commitments at such time; or
(b) the aggregate principal amount of all outstanding Loans, together with Bid Rate Loans would exceed one-half of the aggregate amount of all Letter of Credit Liabilities, would exceed the Maximum Loan Availability Commitments at such time.
Appears in 2 contracts
Samples: Credit Agreement (Realty Income Corp), Credit Agreement (Realty Income Corp)
Amount Limitations. Notwithstanding any other term of this Agreement or any other Loan Document, no Lender shall be required to make a Loan, the Issuing Bank shall not be required to issue a Letter of Credit and no reduction of the Revolving Commitments pursuant to Section 2.13 2.11. shall take effect, if immediately after the making of such Loan, the issuance of such Letter of Credit or such reduction in the Revolving Commitments:
(a) the aggregate principal amount of all outstanding Revolving Loans and Swingline Loans, together with the aggregate amount of all Letter of Credit Liabilities and Swingline LoansLiabilities, would exceed the aggregate amount of the Revolving Commitments at such time; or
(b) the aggregate principal amount of all outstanding Revolving Loans and Swingline Loans, together with aggregate amount of all Letter of Credit Liabilities, would exceed the Maximum Loan Availability at such time.
Appears in 1 contract
Amount Limitations. Notwithstanding any other term of this Agreement or any other Loan Document, no Lender shall be required to make a any Loan, no Lender shall make any Bid Rate Loan, the Issuing Bank shall not be required to issue a Letter of Credit and no reduction of the Revolving Commitments pursuant to Section 2.13 2.13. shall take effect, if immediately after the making of such Loan, the issuance of such Letter of Credit or such reduction in the Revolving Commitments:
(a) the aggregate principal amount of all outstanding Revolving Loans, together with the aggregate amount of all Letter of Credit Liabilities and Swingline LoansLiabilities, would exceed the aggregate amount of the Revolving Commitments at such time; or
(b) the aggregate principal amount of all outstanding Loans, together with Bid Rate Loans would exceed one‑half of the aggregate amount of all Letter of Credit Liabilities, would exceed the Maximum Loan Availability Commitments at such time.
Appears in 1 contract
Samples: Credit Agreement (Washington Real Estate Investment Trust)
Amount Limitations. Notwithstanding any other term of this Agreement or any other Loan Document, no Lender shall be required to make a Loan, the Issuing Bank shall not be required to issue a Letter of Credit and no reduction of the Revolving Commitments pursuant to Section 2.13 2.12 shall take effect, if immediately after the making of such Loan (and the application of the proceeds of such Loan), the issuance of such Letter of Credit or such reduction in the Revolving Commitments:
(a) the aggregate Revolving Credit Exposures, together with the aggregate principal amount of all outstanding Revolving Loans, together with the aggregate amount of all Letter of Credit Liabilities and Swingline Bid Rate Loans, would exceed the aggregate amount of the Revolving Commitments at such time; or
(b) the aggregate principal amount of all outstanding Loans, together with Bid Rate Loans would exceed 50% of the aggregate amount of all Letter of Credit Liabilities, would exceed the Maximum Loan Availability Commitments at such time.
Appears in 1 contract
Samples: Revolving Credit Agreement (Piedmont Office Realty Trust, Inc.)
Amount Limitations. Notwithstanding any other term of this Agreement or any other Loan Document, no Lender shall be required to make a Loan, no Lender shall make any Bid Rate Loan, the Issuing Bank Agent shall not be required to issue a Letter of Credit and no reduction of the Revolving Commitments pursuant to Section 2.13 2.12 shall take effect, if immediately after the making of such Loan (and the application of the proceeds of such Loan), the issuance of such Letter of Credit or such reduction in the Revolving Commitments:
(a) the aggregate Revolving Credit Exposures, together with the aggregate principal amount of all outstanding Revolving Loans, together with the aggregate amount of all Letter of Credit Liabilities and Swingline Bid Rate Loans, would exceed the aggregate amount of the Revolving Commitments at such time; or
(b) the aggregate principal amount of all outstanding Loans, together with Bid Rate Loans would exceed 50% of the aggregate amount of all Letter of Credit Liabilities, would exceed the Maximum Loan Availability Commitments at such time.
Appears in 1 contract
Samples: Revolving Credit Agreement (Piedmont Office Realty Trust, Inc.)
Amount Limitations. Notwithstanding any other term of this Agreement or any other Loan Document, no Lender shall be required to make a Loan, the Issuing Bank Agent shall not be required to issue a Letter of Credit and no reduction of the Revolving Commitments pursuant to Section 2.13 2.13. shall take effect, if immediately after the making of such Loan, the issuance of such Letter of Credit or such reduction in the Revolving Commitments:
(a) the aggregate principal amount of all outstanding Revolving Loans, together with the aggregate principal amount of all outstanding Swingline Loans and the aggregate amount of all Letter of Credit Liabilities and Swingline LoansLiabilities, would exceed the aggregate amount of the Revolving Commitments Commitment at such time; or
(b) the aggregate principal amount of all outstanding Loans, together with the aggregate amount of all Letter of Credit Liabilities, would exceed the Maximum Loan Availability Borrowing Base at such time.
Appears in 1 contract
Samples: Credit Agreement (U-Store-It Trust)
Amount Limitations. Notwithstanding any other term of this Agreement or any other Loan Document, no Lender shall be required to make a Loan, the Issuing Bank shall not be required to issue a Letter of Credit and no reduction of the Revolving Commitments pursuant to Section 2.13 2.10. shall take effect, if immediately after the making of such Loan, the issuance of such Letter of Credit or such reduction in the Revolving Commitments:
(a) the aggregate principal amount of all outstanding Revolving Loans, together with the aggregate amount of all Letter of Credit Liabilities and Swingline LoansLiabilities, would exceed the aggregate amount of the Revolving Commitments at such time; or
(b) the aggregate principal amount of all outstanding Loans, together with aggregate amount of all Letter of Credit Liabilities, would exceed the Maximum Loan Availability at such time.
Appears in 1 contract
Amount Limitations. Notwithstanding any other term of this Agreement or any other Loan Document, no Lender shall be required to make a any Loan, no Lender shall make any Bid Rate Loan, the Issuing Bank shall not be required to issue a Letter of Credit and no reduction of the Revolving Commitments pursuant to Section 2.13 2.13. shall take effect, if immediately after the making of such Loan, the issuance of such Letter of Credit or such reduction in the Revolving Commitments:
(a) the aggregate principal amount of all outstanding Revolving Loans, together with the aggregate amount of all Letter of Credit Liabilities and Swingline LoansLiabilities, would exceed the aggregate amount of the Revolving Commitments at such time; or
(b) the aggregate principal amount of all outstanding Loans, together with Bid Rate Loans would exceed one-half of the aggregate amount of all Letter of Credit Liabilities, would exceed the Maximum Loan Availability Commitments at such time.
Appears in 1 contract
Samples: Credit Agreement (Washington Real Estate Investment Trust)
Amount Limitations. Notwithstanding any other term of this Agreement or any other Loan Document, no Lender shall be required to make a Loan, the Issuing Bank shall not be required to issue a Letter of Credit and no reduction of the Revolving Commitments pursuant to Section 2.13 shall take effect, if immediately after the making of such Loan, the issuance of such Letter of Credit or such reduction in the Revolving Commitments:
, (a) such Lender’s Revolving Commitment Percentage of the aggregate principal amount of all outstanding Revolving Loans, together with the aggregate amount of all Letter of Credit Liabilities and Swingline LoansLiabilities, would exceed the aggregate amount of the such Lxxxxx’s Revolving Commitments at such timeCommitments; or
or (b) the aggregate principal amount of all outstanding Loans, together with aggregate amount of all Letter of Credit Liabilities, would exceed the Maximum Loan Availability at such time.
Appears in 1 contract
Amount Limitations. Notwithstanding any other term of this Agreement or any other Loan Document, no Lender shall be required to make a Loan, no Lender shall make any Bid Rate Loan, the Issuing Bank Banks shall not be required to issue a Letter of Credit and no reduction of the Revolving Commitments pursuant to Section 2.13 2.13. shall take effect, if immediately after the making of such Loan, the issuance of such Letter of Credit or such reduction in the Revolving Commitments:
(a) the aggregate principal amount of all outstanding Revolving Loans, Bid Rate Loans and Swingline Loans, together with the aggregate amount of all Letter of Credit Liabilities and Swingline LoansLiabilities, would exceed the aggregate amount of the Revolving Commitments at such time; or
(b) the aggregate principal amount of all outstanding Loans, together with Bid Rate Loans would exceed 50.0% of the aggregate amount of all Letter of Credit Liabilities, would exceed the Maximum Loan Availability Commitments at such time.
Appears in 1 contract
Samples: Credit Agreement (Washington Real Estate Investment Trust)
Amount Limitations. Notwithstanding any other term of this Agreement or any other Loan Document, no Lender shall be required to make a Loan, the Issuing Bank shall not be required to issue a Letter of Credit and no reduction of the Revolving Commitments pursuant to Section 2.13 2.06(a) shall take effect, if immediately after the making of such Loan, the issuance of such Letter of Credit or such reduction in the Revolving Commitments:
(a) the aggregate principal amount of all outstanding Revolving Loans and Swingline Loans, together with the aggregate amount of all Letter of Credit Liabilities and Swingline LoansLiabilities, would exceed the aggregate amount of the Revolving Commitments at such time; or
(b) the aggregate principal amount sum of all outstanding Loans, together with aggregate amount of all Letter of Credit Liabilities, (x) Total Outstandings plus (y) Total Bridge FacilityTotal Outstandings would exceed the Maximum Loan Availability Borrowing Base at such time.
Appears in 1 contract
Samples: Credit Agreement (American Realty Capital Properties, Inc.)
Amount Limitations. Notwithstanding any other term of this Agreement or any other Loan Document, no Lender shall be required to make a Loan, the Issuing Bank shall not be required to issue a Letter of Credit and no reduction of the Revolving Commitments pursuant to Section 2.13 shall take effect, if immediately after the making of such Loan, the issuance of such Letter of Credit or such reduction in the Revolving Commitments:
(aCommitments(i) the aggregate principal amount of all outstanding Revolving Loans and Swingline Loans, together with the aggregate amount of all Letter of Credit Liabilities and Swingline LoansLiabilities, would exceed the aggregate amount of the Revolving Commitments at such time; or
, or (bii) the aggregate principal amount of all outstanding Loans, together with Term Loans would exceed the aggregate amount of all Letter of Credit Liabilities, would exceed the Maximum Term Loan Availability at such timeCommitments.
Appears in 1 contract
Amount Limitations. Notwithstanding any other term of this Agreement or any other Loan Document, no Lender shall be required to make a Loan, no Lender shall make any Bid Rate Loan, the Issuing Bank shall not be required to issue a Letter of Credit and no reduction of the Revolving Commitments pursuant to Section 2.13 2.12 shall take effect, if immediately after the making of such Loan (and the application of the proceeds of such Loan), the issuance of such Letter of Credit or such reduction in the Revolving Commitments:
(a) the aggregate Revolving Credit Exposures, together with the aggregate principal amount of all outstanding Revolving Loans, together with the aggregate amount of all Letter of Credit Liabilities and Swingline Bid Rate Loans, would exceed the aggregate amount of the Revolving Commitments at such time; or
(b) the aggregate principal amount of all outstanding Loans, together with Bid Rate Loans would exceed 50% of the aggregate amount of all Letter of Credit Liabilities, would exceed the Maximum Loan Availability Commitments at such time.
Appears in 1 contract
Samples: Revolving Credit Agreement (Piedmont Office Realty Trust, Inc.)
Amount Limitations. Notwithstanding any other term of this Agreement or any other Loan Document, no Lender shall be required to make a Loan, the no Lender shall make any Bid Rate Loan, no Issuing Bank shall not be required to issue a Letter of Credit and no reduction of the Revolving Commitments pursuant to Section 2.13 2.12. shall take effect, if immediately after the making of such Loan, the issuance of such Letter of Credit or such reduction in the Revolving Commitments:
(a) the aggregate principal amount of all outstanding Revolving Loans, Bid Rate Loans and Swingline Loans, together with the aggregate amount of all Letter of Credit Liabilities and Swingline LoansLiabilities, would exceed the aggregate amount of the Revolving Commitments at such time; or
(b) the aggregate principal amount of all outstanding Loans, together with Bid Rate Loans would exceed 50.0% of the aggregate amount of all Letter of Credit Liabilities, would exceed the Maximum Loan Availability Commitments at such time.
Appears in 1 contract
Amount Limitations. Notwithstanding any other term of this Agreement or any other Loan Document, no Lender shall be required to make a Loan, the Issuing Bank shall not be required to issue a Letter of Credit and no reduction of the Revolving Commitments pursuant to Section 2.13 2.06(a) shall take effect, if immediately after the making of such Loan, the issuance of such Letter of Credit or such reduction in the Revolving Commitments:
(a) the aggregate principal amount of all outstanding Revolving Loans and Swingline Loans, together with the aggregate amount of all Letter of Credit Liabilities and Swingline LoansLiabilities, would exceed the aggregate amount of the Revolving Commitments at such time; or
(b) the aggregate principal amount of all outstanding Loans, together with aggregate amount of all Letter of Credit Liabilities, Total Outstandings would exceed the Maximum Loan Availability Borrowing Base at such time.
Appears in 1 contract
Samples: Credit Agreement (American Realty Capital Properties, Inc.)
Amount Limitations. Notwithstanding any other term of this Agreement or any other Loan Document, no Lender shall be required to make a Loan, the Issuing Bank shall not be required to issue a Letter of Credit and no reduction of the Revolving Commitments pursuant to Section 2.13 shall take effect, if immediately after the making of such Loan, the issuance of such Letter of Credit or such reduction in the Revolving Commitments:: NAI-1502661059v7 44
(a) the aggregate principal amount of all outstanding Revolving Loans, together with the aggregate amount of all Letter of Credit Liabilities and Swingline LoansLiabilities, would exceed the aggregate amount of the Revolving Commitments at such time; or
(b) the aggregate principal amount of all outstanding Loans, together with aggregate amount of all Letter of Credit Liabilities, would exceed the Maximum Loan Availability at such time.
Appears in 1 contract
Samples: Credit Agreement (LGI Homes, Inc.)