Common use of Amounts and Requests Clause in Contracts

Amounts and Requests. Subject to the terms and conditions of this Financing Agreement, Lender agrees to make loans and advances to the Company on a revolving basis (i.e. subject to the limitations set forth herein, the Company may borrow, repay and re-borrow Revolving Loans). In no event shall Lender have an obligation to make a Revolving Loan to the Company, nor shall the Company be entitled to request or receive a Revolving Loan, if (i) unless otherwise agreed by Lender, a Default or Event of Default shall have occurred and remain outstanding on the date of request for such Revolving Loan or the date of the funding thereof, (ii) the amount of such Revolving Loan, when added to the principal amount of the Revolving Loans outstanding would exceed the Revolving Lien of Credit, or (iii) the amount of such Revolving Loan would exceed the Net Availability of the Company on the date of the request therefor or the funding thereof. Any request for a Revolving Loan must be received by an officer of Lender no later than 12:00 noon, New York time, on the Business Day on which such Revolving Loan is required.

Amounts and Requests. Subject to the terms and conditions of this Financing Agreement, Lender CIT agrees to make loans and advances to the Funds Administrator on behalf of each Company on a revolving basis (i.e. subject to the limitations set forth herein, each Company, through the Company Funds Administrator, may borrow, repay and re-borrow Revolving Loans). In no event shall Lender CIT have an obligation to make a Revolving Loan to the any Company, nor shall the Funds Administrator or any Company be entitled to request or receive a Revolving Loan, if (i) unless otherwise agreed by Lender, a Default or Event of Default shall have occurred and remain outstanding on the date of request for such Revolving Loan or the date of the funding thereof, (ii) the amount of such Revolving Loan, when added to the principal amount of the Revolving Loans outstanding plus the undrawn amount of all Letters of Credit on the date of the request therefor or the funding thereof, would exceed the Revolving Lien Line of Credit, or (iii) the amount of such Revolving Loan would exceed the Net Availability of the Company Companies on the date of the request therefor or the funding thereof. Any request for a Revolving Loan must be received from the Funds Administrator by an officer of Lender CIT no later than 12:00 noon2:00 p.m., New York Charlotte, North Carolina time, (a) on the Business Day on which such Revolving Loan is required, if the request is for a Chase Bank Rate Loan, or (b) three (3) Business Days prior to the Business Day on which such Revolving Loan is required, if the request is for a LIBOR Loan. The funding of any LIBOR Loan is also subject to the satisfaction of the conditions set forth in Section 8.9 of this Financing Agreement.

Amounts and Requests. Subject to the terms and conditions of this Financing Agreement, Lender agrees the Agent and the Lenders, pro rata in accordance with their respective Pro Rata Percentages, severally (and not jointly) agree to make loans and advances to the Company on a revolving basis (i.e. subject to the limitations set forth herein, the Company may borrow, repay and re-borrow reborrow Revolving Loans). In no event shall the Agent or any Lender have an obligation to make a Revolving Loan to the Company, nor shall the Company be entitled to request or receive a Revolving Loan, if (i) unless otherwise agreed by Lender, a Default or Event of Default shall have occurred and remain outstanding on the date of request for such Revolving Loan or the date of the funding thereof, (ii) the amount of such Revolving Loan, when added to the principal amount of the Revolving Loans outstanding plus the undrawn amount of all Letters of Credit on the date of the request therefor or the funding thereof, would exceed the Revolving Lien Line of Credit, or (iii) the amount of such Revolving Loan would exceed the Net Availability of the Company on the date of the request therefor or the funding thereof. Any request for a Revolving Loan must be received by an officer of Lender the Agent no later than 12:00 noon11:00 a.m., New York Dallas, Texas time, (A) on the Business Day on which such Revolving Loan is required, if the request is for a Chase Bank Rate Loan, or (B) three (3) Business Days prior to the Business Day on which such Revolving Loan is required, if the request is for a LIBOR Loan. The funding of any LIBOR Loan is also subject to the satisfaction of the conditions set forth in Section 7.9 of this Financing Agreement.

Amounts and Requests. Subject to the terms and conditions of this Financing Agreement, Lender CIT agrees to make loans and advances to the Company on a revolving basis (i.e. subject to the limitations set forth herein, the Company may borrow, repay and re-borrow Revolving Loans). In no event shall Lender CIT have an obligation to make a Revolving Loan to the Company, nor shall the Company be entitled to request or receive a Revolving Loan, if (i) unless otherwise agreed by Lender, a Default or Event of Default shall have occurred and remain outstanding on the date of request for such Revolving Loan or the date of the funding thereof, (ii) the amount of such Revolving Loan, when added to the principal amount of the Revolving Loans outstanding outstanding, would exceed the Revolving Lien Line of Credit, or (iii) the amount of such Revolving Loan would exceed the Net Availability of the Company on the date of the request therefor or the funding thereof. Any request for a Revolving Loan must be received by an officer of Lender CIT no later than 12:00 noon11:00 a.m., New York Eastern Standard time, (a) on the Business Day on which such Revolving Loan is required, if the request is for a Chase Bank Rate Loan, or (b) three (3) Business Days prior to the Business Day on which such Revolving Loan is required, if the request is for a LIBOR Loan. The funding of any LIBOR Loan is also subject to the satisfaction of the conditions set forth in Section 8.9 of this Financing Agreement.