Amounts and Availment Options Sample Clauses

Amounts and Availment Options. 2.1.1 Subject to the terms and conditions of this Agreement, the Revolving Lenders agree to continue to provide, severally (not jointly and not jointly and severally), the revolving credit facility referred to as the Revolving Credit for the use of the Borrowers in the initial aggregate amount of up to $750,000,000 (or the Equivalent Amount in US Dollars, Euros, Sterling or, subject to Section 2.1.32.1.4(g), an Optional Currency) as such amount may be increased pursuant to Section 2.2 hereof. Each Revolving Lender’s obligation shall be limited to its respective Applicable Percentage of the Revolving Credit. The Revolving Credit consists of a tranche that is referred to as the “Main Tranche” initially of up to $720,000,000 (or the Equivalent Amount in US Dollars, Euros, Sterling or, subject to Section 2.1.32.1.4(g), an Optional Currency), and a tranche that is referred to as the “Overdraft Tranche”, of up to $30,000,000 (or the Equivalent Amount in US Dollars). Subject to Section 5.1.2, Advances under the Main Tranche shall be made by the Revolving Xxxxxxx and Advances under the Overdraft Tranche shall be made by the Overdraft Lender. The obligations of the Borrowers hereunder shall be joint and several. 2.1.2 [Reserved]Subject to the terms and conditions of this Agreement, the Term Lenders agree to provide, severally (not jointly and not jointly and severally), the non-revolving credit facility referred to as the Term Credit for the use of the Borrowers in the initial aggregate amount of up to $300,000,000 as such amount may be increased pursuant to Section 2.2 hereof. Each Term Lender’s obligation shall be limited to its respective Applicable Percentage of the Term Credit. 2.1.3 The Term Credit may be drawn only in a single Advance on the date of the satisfaction of the conditions precedent set out in the Third Amending Agreement. Any amount under the Term Credit that is not drawn at the time of such Advance under the Term Credit shall be permanently cancelled.
Sample 1
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Amounts and Availment Options. 2.1.1 Subject to the terms and conditions of this Agreement, the Lenders agree to continue to provide, severally (not jointly and not jointly and severally), the credit facility referred to as the Credit for the use of the Borrowers in the initial aggregate amount of up to $750,000,000 (or the Equivalent Amount in US Dollars, Euros, Swiss Francs, Sterling or, subject to Section 2.1.3(eg), an Optional Currency) as such amount may be increased pursuant to Section 2.2 hereof. Each Lender’s obligation shall be limited to its respective Applicable Percentage of the Credit. The Credit consists of a tranche that is referred to as the “Main Tranche” initially of up to $720,000,000 (or the Equivalent Amount in US Dollars, Euros, Swiss Francs, Sterling or, subject to Section 2.1.3(eg), an Optional Currency), and a tranche that is referred to as the “Overdraft Tranche”, of up to $30,000,000 (or the Equivalent Amount in US Dollars). Subject to Section 5.1.2, Advances under the Main Tranche shall be made by the Lenders and Advances under the Overdraft Tranche shall be made by the Overdraft Lender. The obligations of the Borrowers hereunder shall be joint and several.
Sample 1
Amounts and Availment Options. (1) Subject to the terms and conditions of this Agreement, the Revolving Lenders shall provide, severally (not jointly and not jointly and severally), a credit facility referred to as the Revolving Credit for the use of the Borrower in the aggregate amount of up to US $10,000,000 or the Equivalent Amount in Canadian Dollars. Each Revolving Lender's obligation shall be limited to its respective Applicable Percentage of the Revolving Credit. The Revolving Credit consists of a tranche referred to as the "Main Tranche" of up to US $8,000,000 and a tranche referred to as the "Swing Line Tranche" of up to US $2,000,000 except that, while BNS is the only Lender, the entire amount of the Revolving Credit may be borrowed under the Main Tranche and/or the Swing Line Tranche from time to time and the principal amount available under either tranche at any time (including amounts then outstanding under that tranche) shall be US $10,000,000 less the principal amount then outstanding under the other tranche. Subject to Section 9.1, Advances under the Main Tranche shall be made by the Revolving Lenders and Advances under the Swing Line Tranche shall be made by the Swing Line Lender. (2) Subject to the terms and conditions of this Agreement, the Term Lenders shall provide, severally (not jointly and not jointly and severally), a credit facility referred to as the Term Credit for the use of the Borrower in the aggregate amount of up to US $15,000,000. Each Term Lender's obligation shall be limited to its respective Applicable Percentage of the Term Credit. (3) The Term Credit may be drawn only in a single advance at the time of the initial advance under this Agreement. Any amount under the Term Credit that is not drawn at the time of the initial advance under this Agreement shall be permanently cancelled. (4) At the option of the Borrower, the Main Tranche may be used by: (a) requesting the Revolving Lenders to make Prime Rate Advances, Base Rate Advances and/or LIBOR Advances; (b) presenting orders to the Revolving Lenders for acceptance as B/As; and/or (c) requesting that L/Cs in Canadian Dollars or US Dollars be issued by the Issuing Bank on behalf of all the Revolving Lenders (which are in addition to any cash-collateralized letters of credit that may be issued by Lenders as contemplated in Section 1.1(94)(m), the Lenders having made no commitments to issue any such letters of credit). (5) The Swing Line Tranche may be used by the Borrower incurring overdrafts in its Ca...
Sample 1
Amounts and Availment Options. (1) Subject to the terms and conditions of this Agreement, the Revolving Lenders shall provide, severally (not jointly and not jointly and severally), a credit facility referred to as the Revolving Credit for the use of the Borrower in the aggregate amount of up to US $55,000,000 or the Equivalent Amount in Canadian Dollars. Each Revolving Lender's obligation in respect of the Revolving Credit shall be limited to its respective Applicable Percentage of the Revolving Credit. (2) At the option of the Borrower, the Revolving Credit may be used by: (a) requesting the Revolving Lenders to make Prime Rate Advances, Base Rate Advances and/or LIBOR Advances; and/or (b) presenting orders to the Revolving Lenders for acceptance as B/As.
Sample 1
Amounts and Availment Options. 2.1.1 Subject to the terms and conditions of this Agreement, the Lenders hereby establish, severally (not jointly and not jointly and severally), (i) a credit facility for the use of the Borrower in the aggregate amount of up to $3,000,000,000 or the equivalent thereof in US Dollars (“Credit 1”), and (ii) a credit facility for the use of the Borrower in the aggregate amount of up to $1,000,000,000 or the equivalent thereof in US Dollars (“Credit 2”). Each Lender’s obligation is limited to its respective Applicable Percentage of the applicable Credit. 2.1.2 TD’s Commitment under Credit 1 includes a tranche, which is referred to as the “TD Tranche,” of up to $175,000,000 or such lesser amount as the Borrower may from time to time designate in writing to the Agent and TD. BNS’s Commitment under Credit 1 includes a tranche, which is referred to as the “BNS Tranche,” of up to $175,000,000 or such lesser amount as the Borrower may from time to time designate in writing to the Agent and BNS. One or more Lenders other than TD or BNS may become a Swingline Lender in accordance with the terms of Section 9.5 (each, an “Additional Swingline Lender”). In that case, any Additional Swingline Lender’s Commitment under Credit 1 will include a tranche, which will be referred to as an “Additional Swingline Tranche,” of up to an aggregate for all Additional Swingline Lenders of $150,000,000 or such lesser amount as the Borrower may from time to time designate in writing to the Agent and any Additional Swingline Lender. Except as otherwise specified in this Agreement, all terms of Credit 1 shall apply to the TD Tranche, the BNS Tranche and any Additional Swingline Tranche. Outstanding Advances under the TD Tranche, the BNS Tranche and any Additional Swingline Tranche shall reduce the amount of Advances otherwise available from TD, BNS and any Additional Swingline Lender, respectively, under Credit 1. The maximum amount available under the TD Tranche, the BNS Tranche and any Additional Swingline Tranche shall be reduced whenever necessary, and the Borrower shall repay Advances under the TD Tranche, the BNS Tranche and any Additional Swingline Tranche whenever necessary, to ensure that the aggregate of Advances from TD, BNS and any Additional Swingline Lender under Credit 1 (including the TD Tranche, the BNS Tranche and any Additional Swingline Tranche, respectively) do not exceed their respective Commitments (disregarding the TD Tranche, the BNS Tranche and any Additional Swing...
Sample 1
Amounts and Availment Options. (1) Revolving Credit Subject to the terms and conditions of this Agreement, the Revolving Lenders shall provide, severally (not jointly and not jointly and severally), a revolving credit facility referred to as the Revolving Credit for the use of the Borrower in the aggregate amount of up to US $75,000,000 or the Equivalent Amount in Canadian Dollars. Each Revolving Lender’s obligation in respect of the Revolving Credit shall be limited to its respective Applicable Percentage of the Revolving Credit.
Sample 1
Amounts and Availment Options. 2.1.1 Subject to the terms and conditions of this Agreement, the Lenders hereby establish, severally (not jointly and not jointly and severally), (i) a term credit facility for the use of the Borrower in the aggregate amount of up to $2,000,000,000 or the equivalent thereof in US Dollars (“Credit 1”), (ii) a term credit facility for the use of the Borrower in the aggregate amount of up to $2,000,000,000 or the equivalent thereof in US Dollars (“Credit 2”), and (iii) a term credit facility for the use of the Borrower in the aggregate amount of up to $2,000,000,000 or the equivalent thereof in US Dollars (“Credit 3”). Each Lender’s obligation is limited to its respective Applicable Percentage of the applicable Credit. 2.1.2 At the option of the Borrower, Credit 1 may be used by requesting that Prime Rate Advances, Base Rate Advances or LIBOR Advances be made or by presenting orders for acceptance as Bankers’ Acceptances, such Credit 1 will be made available by a single Advance on the Acquisition Closing Date and any unused amount of the Commitments under Credit 1 shall be automatically and permanently cancelled on the earliest of: (a) the Outside Date (as defined in Acquisition Agreement in effect as of the date of this Agreement and without giving effect to any amendment thereto or consent thereunder and without giving effect to Section 8.7(d) thereof but giving full effect to any extension thereof on the terms set forth in the Acquisition Agreement as in effect as of the date of this Agreement), unless the Acquisition Closing Date occurs on or prior thereto, (b) Acquisition Closing Date (after giving effect to the Advances on such date), (c) the closing of the Acquisition without the use of the Credits, (d) the termination or expiration of the Acquisition Agreement in accordance with its terms or (e) receipt by the Agent of written notice from the Borrower of its election to terminate all Commitments under the Credits in full (the “Commitment Termination Date”). 2.1.3 At the option of the Borrower, Credit 2 may be used by requesting that Prime Rate Advances, Base Rate Advances or LIBOR Advances be made or by presenting orders for acceptance as Bankers’ Acceptances, such Credit 2 will be made available by a single Advance on the Acquisition Closing Date and any unused amount of the Commitments under Credit 2 shall be automatically and permanently cancelled as of the Commitment Termination Date. 2.1.4 At the option of the Borrower, Credit 3 may be used by re...
Sample 1
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Related to Amounts and Availment Options

  • Can I Roll Over or Transfer Amounts from Other IRAs You are allowed to “roll over” a distribution or transfer your assets from one Xxxx XXX to another without any tax liability. Rollovers between Xxxx IRAs are permitted every 12 months and must be accomplished within 60 days after the distribution. Beginning in 2015, just one 60 day rollover is allowed in any 12 month period, inclusive of all Traditional, Xxxx, SEP, and SIMPLE IRAs owned. If you are single, head of household or married filing jointly, you may convert amounts from another individual retirement plan (such as a Traditional IRA) to a Xxxx XXX, there are no AGI restrictions. Mandatory required minimum distributions from Traditional IRAs, must be removed from the Traditional IRA prior to conversion. Rollover amounts (except to the extent they represent non-deductible contributions) are includable in your income and subject to tax in the year of the conversion, but such amounts are not subject to the 10% penalty tax. However, if an amount rolled over from a Traditional IRA is distributed from the Xxxx XXX before the end of the five-tax-year period that begins with the first day of the tax year in which the rollover is made, a 10% penalty tax will apply. Effective in the tax year 2008, assets may be directly rolled over (converted) from a 401(k) Plan, 403(b) Plan or a governmental 457 Plan to a Xxxx XXX. Subject to the foregoing limits, you may also directly convert a Traditional IRA to a Xxxx XXX with similar tax results. Furthermore, if you have made contributions to a Traditional IRA during the year in excess of the deductible limit, you may convert those non-deductible IRA contributions to contributions to a Xxxx XXX (assuming that you otherwise qualify to make a Xxxx XXX contribution for the year and subject to the contribution limit for a Xxxx XXX). You must report a rollover or conversion from a Traditional IRA to a Xxxx XXX by filing Form 8606 as an attachment to your federal income tax return. Beginning in 2006, you may roll over amounts from a “designated Xxxx XXX account” established under a qualified retirement plan. Xxxx XXX, Xxxx 401(k) or Xxxx 403(b) assets may only be rolled over either to another designated Xxxx Qualified account or to a Xxxx XXX. Upon distribution of employer sponsored plans the participant may roll designated Xxxx assets into a Xxxx XXX but not into a Traditional IRA. In addition, Xxxx assets cannot be rolled into a Profit-Sharing-only plan or pretax deferral-only 401(k) plan. In the event of your death, the designated beneficiary of your Xxxx 401(k) or Xxxx 403(b) Plan may have the opportunity to rollover proceeds from that Plan into a Beneficiary Xxxx XXX account. Strict limitations apply to rollovers, and you should seek competent advice in order to comply with all of the rules governing any type of rollover.

  • Can I Roll Over or Transfer Amounts from Other IRAs or Employer Plans If properly executed, you are allowed to roll over a distribution from one Traditional IRA to another without tax penalty. Rollovers between Traditional IRAs may be made once every 12 months and must be accomplished within 60 days after the distribution. Beginning in 2015, just one 60 day rollover is allowed in any 12 month period, inclusive of all Traditional, Xxxx, SEP, and SIMPLE IRAs owned. Under certain conditions, you may roll over (tax-free) all or a portion of a distribution received from a qualified plan or tax-sheltered annuity in which you participate or in which your deceased spouse participated. In addition, you may also make a rollover contribution to your Traditional IRA from a qualified deferred compensation arrangement. Amounts from a Xxxx XXX may not be rolled over into a Traditional IRA. If you have a 401(k), Xxxx 401(k) or Xxxx 403(b) and you wish to rollover the assets into an IRA you must roll any designated Xxxx assets, or after tax assets, to a Xxxx XXX and roll the remaining plan assets to a Traditional IRA. In the event of your death, the designated beneficiary of your 401(k) Plan may have the opportunity to rollover proceeds from that Plan into a Beneficiary IRA account. In general, strict limitations apply to rollovers, and you should seek competent advice in order to comply with all of the rules governing rollovers. Most distributions from qualified retirement plans will be subject to a 20% withholding requirement. The 20% withholding can be avoided by electing a “direct rollover” of the distribution to a Traditional IRA or to certain other types of retirement plans. You should receive more information regarding these withholding rules and whether your distribution can be transferred to a Traditional IRA from the plan administrator prior to receiving your distribution.

  • Optional Termination and Reduction of Aggregate Credit Amounts (i) The Borrower may at any time terminate, or from time to time reduce, the Aggregate Maximum Credit Amounts; provided that (A) each reduction of the Aggregate Maximum Credit Amounts shall be in an amount that is an integral multiple of $1,000,000 and not less than $5,000,000 and (B) the Borrower shall not terminate or reduce the Aggregate Maximum Credit Amounts if, after giving effect to any concurrent prepayment of the Loans in accordance with Section 3.04(c), the total Revolving Credit Exposures would exceed the total Commitments. (ii) The Borrower shall notify the Administrative Agent of any election to terminate or reduce the Aggregate Maximum Credit Amounts under Section 2.06(b)(i) at least three Business Days prior to the effective date of such termination or reduction, specifying such election and the effective date thereof. Promptly following receipt of any notice, the Administrative Agent shall advise the Lenders of the contents thereof. Each notice delivered by the Borrower pursuant to this Section 2.06(b)(ii) shall be irrevocable. Any termination or reduction of the Aggregate Maximum Credit Amounts shall be permanent and may not be reinstated. Each reduction of the Aggregate Maximum Credit Amounts shall be made ratably among the Lenders in accordance with each Lender’s Applicable Percentage.

  • Excess Contributions An excess contribution is any amount that is contributed to your IRA that exceeds the amount that you are eligible to contribute. If the excess is not corrected timely, an additional penalty tax of six percent will be imposed upon the excess amount. The procedure for correcting an excess is determined by the timeliness of the correction as identified below.

  • Distributions and Adjustments (a) If any Shares vest subsequent to any change in the number or character of the Common Stock of the Company through any stock dividend or other distribution, recapitalization, stock split, reverse stock split, reorganization, merger, consolidation, split-up, spin-off, combination, repurchase or exchange of shares or other securities of the Company, issuance of warrants or other rights to purchase shares of Common Stock or other securities of the Company or other similar corporate transaction or event such that an adjustment is determined by the Committee to be appropriate in order to prevent dilution or enlargement of the benefits or potential benefits intended to be made available under this Agreement, then the Committee shall, in such manner as it may deem equitable, in its sole discretion, adjust any or all of the number and type of such Shares. (b) Any additional shares of Common Stock of the Company, any other securities of the Company and any other property distributed with respect to the Shares prior to the date or dates the Shares vest shall be subject to the same restrictions, terms and conditions as the Shares to which they relate and shall be promptly deposited with the Secretary of the Company or a custodian designated by the Secretary.

  • When Can I Make Contributions You may make annual contributions to your Xxxx XXX any time up to and including the due date for filing your tax return for the year, not including extensions. You may continue to make regular contributions to your Xxxx XXX even after you attain RMD age. In addition, rollover contributions and transfers (to the extent permitted as discussed below) may be made at any time, regardless of your age.

  • Pro Rata Shares Availability of Funds (a) All Loans shall be made by Lenders simultaneously and proportionately to their respective Pro Rata Shares, it being understood that no Lender shall be responsible for any default by any other Lender in such other Lender's obligation to make a Loan requested hereunder nor shall the Commitment of any Lender be increased or decreased as a result of a default by any other Lender in such other Lender's obligation to make a Loan requested hereunder. (b) Unless Administrative Agent shall have been notified by any Lender prior to the applicable Credit Date that such Lender does not intend to make available to Administrative Agent the amount of such Lender's Loan requested on such Credit Date, Administrative Agent may assume that such Lender has made such amount available to Administrative Agent on such Credit Date and Administrative Agent may, in its sole discretion, but shall not be obligated to, make available to Borrower corresponding amount on such Credit Date. If such corresponding amount is not in fact made available to Administrative Agent by such Lender, Administrative Agent shall be entitled to recover such corresponding amount on demand from such Lender together with interest thereon, for each day from such Credit Date until the date such amount is paid to Administrative Agent, at the customary rate set by Administrative Agent for the correction of errors among banks for three Business Days and thereafter at the Base Rate. If such Lender does not pay such corresponding amount forthwith upon Administrative Agent's demand therefor, Administrative Agent shall promptly notify Borrower and Borrower shall immediately pay such corresponding amount to Administrative Agent together with interest thereon, for each day from such Credit Date until the date such amount is paid to Administrative Agent, at the rate payable hereunder for Base Rate Loans for such Type of Loans. Nothing in this Section 2.2(b) shall be deemed to relieve any Lender from its obligation to fulfill its Commitments hereunder or to prejudice any rights that Borrower may have against any Lender as a result of any default by such Lender hereunder.

  • Distributions and Allocations (i) Subject to Section 8.6(c), the Redeeming Partner shall have no right to receive any distributions that are paid after the Specified Redemption Date with respect to any Partnership Units redeemed pursuant to this Section 8.6. (ii) If any Partnership Interest is redeemed (other than pursuant to Section 8.6(c)) on any day other than the first day of a Fiscal Year, then Profit, Losses, each item thereof and all other items attributable to such Partnership Interest for such Fiscal Year shall be divided and allocated to the Redeeming Partner by taking into account the Redeeming Partner’s ownership of such Partnership Interest during the Fiscal Year in accordance with Section 706(d) of the Code, using the interim closing of the books method (unless the General Partner, in its sole and absolute discretion, elects to adopt a daily, weekly or monthly proration period, in which event Profits, Losses, each item thereof and all other items attributable to such redeemed Partnership Interest for such Fiscal Year shall be prorated based upon the applicable method selected by the General Partner).

  • Reallocation of Applicable Percentages to Reduce Fronting Exposure During any period in which there is a Defaulting Lender, for purposes of computing the amount of the obligation of each non-Defaulting Lender to acquire, refinance or fund participations in Letters of Credit or Swing Line Loans pursuant to Sections 2.03 and 2.04, the “Applicable Percentage” of each non-Defaulting Lender shall be computed without giving effect to the Commitment of that Defaulting Lender; provided, that, (i) each such reallocation shall be given effect only if, at the date the applicable Lender becomes a Defaulting Lender, no Default or Event of Default exists; and (ii) the aggregate obligation of each non-Defaulting Lender to acquire, refinance or fund participations in Letters of Credit and Swing Line Loans shall not exceed the positive difference, if any, of (1) the Commitment of that non-Defaulting Lender minus (2) the aggregate Outstanding Amount of the Committed Loans of that Lender.

  • Allocation of Applied Realized Loss Amounts Any Applied Realized Loss Amounts shall be allocated by the Trustee to the most junior Class of Subordinated Certificates then Outstanding in reduction of the Class Certificate Balance thereof.

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