Amounts and Terms of Commitments. Each Bank severally agrees, on the terms and conditions set forth herein, to make Loans to the Borrowers from time to time on any Business Day during the period from the Refinancing Date to the Commitment Termination Date equal to its Pro Rata Share of the aggregate amount of the Borrowing requested by a Borrower to be made on such day. The Commitment of each Bank and the outstanding principal amount of Loans made by each Bank hereunder shall not exceed at any time the aggregate amount set forth on Schedule II (such amount as the same may be reduced under Section 2.5 or as a result of one or more assignments as permitted herein pursuant to Section 3.7 and Section 9.7, the Bank's "Commitment"); provided, however, that, after giving effect to any Borrowing, the aggregate principal amount of all outstanding Loans shall not at any time exceed the Commitment Amount; and provided, further, that the aggregate principal amount of all Loans outstanding from time to time to a Borrower shall not exceed the Borrowing Base for the relevant Borrower. Within the limits of each Bank's Commitment, and subject to the other terms and conditions hereof, a Borrower may borrow under this Section 2.1, repay under the terms hereof and reborrow under this Section 2.1.
Appears in 8 contracts
Samples: Credit Agreement (Van Kampen Senior Floating Rate Fund), Credit Agreement (Van Kampen Prime Rate Income Trust), Credit Agreement (Van Kampen Prime Rate Income Trust)
Amounts and Terms of Commitments. Each Bank severally agrees, on the terms and conditions set forth herein, to make Loans to the Borrowers from time to time on any Business Day during the period from the Refinancing Date to the Commitment Termination Date equal to its Pro Rata Share of the aggregate amount of the Borrowing requested by a Borrower to be made on such day. The Commitment of each Bank and the outstanding principal amount of Loans made by each Bank hereunder shall not exceed at any time the aggregate amount set forth on Schedule II (such amount as the same may be reduced under Section 2.5 or as a result of one or more assignments as permitted herein pursuant to Section 3.7 and Section 9.7, the Bank's "Commitment"); provided, however, that, after giving effect to any Borrowing, the aggregate principal amount of all outstanding Loans shall not at any time exceed the Commitment Amount; and provided, further, provided that the aggregate principal amount of all Loans outstanding from time to time to a Borrower shall not exceed the Borrowing Base for the relevant Borrower. Within the limits of each Bank's Commitment, and subject to the other terms and conditions hereof, a Borrower may borrow under this Section 2.1, repay under the terms hereof and reborrow under this Section 2.1.
Appears in 6 contracts
Samples: Credit Agreement (Van Kampen Prime Rate Income Trust), Credit Agreement (Van Kampen Prime Rate Income Trust), Credit Agreement (Van Kampen Senior Floating Rate Fund)
Amounts and Terms of Commitments. Each Bank severally agrees, on the terms and conditions set forth herein, to make Loans to the Borrowers Borrower from time to time on any Business Day during the period from the Refinancing Date to the Commitment Termination Date equal to its Pro Rata Share of the aggregate amount of the Borrowing requested by a the Borrower to be made on such day. The Commitment of each Bank and the outstanding principal amount of Loans made by each Bank hereunder shall not exceed at any time the aggregate amount set forth on Schedule II (such amount as the same may be reduced under Section 2.5 or as a result of one or more assignments as permitted herein pursuant to Section 3.7 and Section 9.7, the Bank's "Commitment"); provided, however, that, after giving effect to any Borrowing, the aggregate principal amount of all outstanding Loans shall not at any time exceed the Commitment Amount; , and provided, further, provided that the aggregate principal amount of all Loans outstanding from time to time to a the Borrower shall not exceed the Borrowing Base for the relevant Borrower. Within the limits of each Bank's Commitment, and subject to the other terms and conditions hereof, a the Borrower may borrow under this Section 2.1, repay under the terms hereof and reborrow under this Section 2.1.
Appears in 3 contracts
Samples: Credit Agreement (Van Kampen Prime Rate Income Trust), Credit Agreement (Van Kampen American Capital Prime Rate Income Trust), Credit Agreement (Van Kampen Prime Rate Income Trust)
Amounts and Terms of Commitments. Each Bank severally agrees, on Subject to the terms and conditions set forth of this Agreement and in reliance upon the representations and warranties of each Loan Party contained herein, each Lender severally and not jointly agrees to make Loans to the Borrowers Borrower (each such Loan, a “Revolving Loan”) from time to time on any Business Day during the period from the Refinancing Closing Date to through the Commitment Termination Date equal to its Pro Rata Share of the Revolving Credit Maturity Date, in an aggregate amount of the Borrowing requested by a Borrower not to be made on such day. The Commitment of each Bank and the outstanding principal amount of Loans made by each Bank hereunder shall not exceed at any time outstanding the aggregate amount set forth on opposite such Lender’s name in Schedule II 1.1 under the heading “Revolving Loan Commitments” (such amount as the same may be reduced under Section 2.5 or increased from time to time in accordance with this Agreement, being referred to herein as a result of one or more assignments as permitted herein pursuant to Section 3.7 and Section 9.7, the Bank's "such Lender’s “Revolving Loan Commitment"”); provided, however, that, after giving effect to any BorrowingBorrowing of Revolving Loans, the aggregate principal amount of all outstanding Revolving Loans shall not at any time exceed the Commitment Amount; and provided, further, that the aggregate principal amount of all Loans outstanding from time to time to a Borrower shall not exceed the Borrowing Base for Maximum Revolving Loan Balance. Each Revolving Loan shall be comprised entirely of Canadian Prime Loans or CDOR Rate Loans as the relevant BorrowerBorrower may request from time to time. Within Any Protective Advance and any Swingline Loan shall be made in accordance with the limits of each Bank's Commitment, and subject procedures set forth in Section 1.5. Subject to the other terms and conditions hereof, a Borrower may borrow amounts borrowed under this Section 2.1, repay under 1.1 may be repaid and reborrowed from time to time. The “Maximum Revolving Loan Balance” from time to time will be the terms hereof and reborrow under this Section 2.1.lesser of:
Appears in 2 contracts
Samples: Revolving Credit Agreement (Postmedia Network Canada Corp.), Revolving Credit Agreement (Postmedia Network Canada Corp.)
Amounts and Terms of Commitments. Each Bank severally agrees, on the terms and conditions set forth herein, to make Loans loans to the Borrowers Company (each such loan, a "Revolving Loan") from time to time on any Business Day during the period from the Refinancing Closing Date to the Commitment Revolving Termination Date equal Date, in an aggregate principal Dollar Equivalent amount not to its Pro Rata Share of the aggregate amount of the Borrowing requested by a Borrower to be made on such day. The Commitment of each Bank and the outstanding principal amount of Loans made by each Bank hereunder shall not exceed at any time outstanding the aggregate amount set forth on opposite the Bank's name in Schedule II 2.01 under the heading "Commitment" (such amount as the same may be reduced under pursuant to Section 2.5 2.07 or as a result of one or more assignments as permitted herein pursuant to Section 3.7 and 11.08 or increased pursuant to Section 9.7, the Bank's "Commitment"2.17); provided, however, that, after giving effect to any BorrowingBorrowing of Revolving Loans, the aggregate principal Dollar Equivalent amount of all outstanding Loans shall not at any time exceed the Commitment Amount; and provided, further, that the aggregate principal amount of all Loans outstanding from time to time to a Borrower L/C Obligations shall not exceed the combined Commitments; and provided further that, after giving effect to any Borrowing Base for of Offshore Currency Loans, the relevant Borroweraggregate principal Dollar Equivalent amount of all outstanding Offshore Currency Loans and L/C Obligations denominated in an Offshore L/C Currency shall not exceed the Offshore Currency Loan Sublimit. Within the limits of each Bank's Commitment, and subject to the other terms and conditions hereof, a Borrower the Company may borrow under this Section 2.12.01, repay under the terms hereof prepay pursuant to Section 2.08 and reborrow under pursuant to this Section 2.12.01.
Appears in 2 contracts
Samples: Credit Agreement, Assignment and Assumption Agreement (Idex Corp /De/)
Amounts and Terms of Commitments. Each Bank Lender severally agrees, on the terms and conditions set forth herein, to make Loans loans to the Borrowers (each such loan, a “Revolving Loan”) from time to time on any Business Day during the period from the Refinancing Closing Date to the Commitment Termination Date equal to its Pro Rata Share of Business Day preceding the Maturity Date, in an aggregate amount of the Borrowing requested by a Borrower not to be made on such day. The Commitment of each Bank and the outstanding principal amount of Loans made by each Bank hereunder shall not exceed at any time the aggregate amount set forth on Schedule II outstanding its Commitment (such amount amount, as the same may be reduced under Section 2.5 2.06 or increased under Section 2.17, or as a result of one or more assignments as permitted herein pursuant to under Section 3.7 and Section 9.711.08, the Bank's "shall be such Lender’s “Revolving Loan Commitment"”); provided, however, that, after giving effect to any BorrowingBorrowing of Revolving Loans and Swing Line Loans, the aggregate principal amount Effective Amount of all outstanding Loans Loans, together with the Effective Amount of all L/C Obligations and Swing Line Loans, shall not at any time exceed the Commitment AmountAggregate Commitment; and provided, provided further, that the aggregate principal amount Effective Amount of the Revolving Loans of any Lender plus the participation of such Lender in the Effective Amount of all Loans outstanding from time to time to a Borrower L/C Obligations shall not at any time exceed the Borrowing Base for the relevant Borrowersuch Lender’s Commitment. Within the limits of each Bank's Lender’s Commitment, and subject to the other terms and conditions hereof, a Borrower the Borrowers may borrow under this Section 2.12.01, repay prepay under the terms hereof Sections 2.07 and 2.08 and reborrow under this Section 2.12.01.
Appears in 2 contracts
Samples: Credit Agreement (North American Galvanizing & Coatings Inc), Credit Agreement (North American Galvanizing & Coatings Inc)
Amounts and Terms of Commitments. Each Bank Lender severally agrees, on the terms and conditions set forth herein, to make Loans loans to the Borrowers Company denominated in Dollars or in an Offshore Currency (each such loan, a “Revolving Loan”) from time to time on any Business Day during the period from the Refinancing Restatement Date to the Commitment Termination Date equal Date, in an aggregate principal Dollar Equivalent amount not to its Pro Rata Share of the aggregate amount of the Borrowing requested by a Borrower to be made on such day. The Commitment of each Bank and the outstanding principal amount of Loans made by each Bank hereunder shall not exceed at any time outstanding the aggregate amount set forth opposite such Lender’s name on Schedule II 2.01 (such amount amount, as the same may be reduced under Section 2.5 2.07 or as a result of one or more assignments as permitted herein pursuant to under Section 3.7 and Section 9.711.08, the Bank's "Lender’s “Commitment"”); provided, however, that, after giving effect to any BorrowingBorrowing of Revolving Loans, the aggregate principal amount Effective Amount of all outstanding Loans and of all L/C Obligations, shall not at any time exceed the Aggregate Commitment; provided further, that the Effective Amount of the Revolving Loans of any Lender plus the participation of such Lender in the Dollar Equivalent of the Effective Amount of all L/C Obligations and such Lender’s Pro Rata Share of any outstanding Swing Line Loans shall not at any time exceed the Commitment Amountsuch Lender’s Commitment; and provided, provided further, that after giving effect to any Borrowing of Offshore Currency Loans, the aggregate principal amount Effective Amount of all outstanding Offshore Currency Loans outstanding from time to time to a Borrower shall not exceed the Borrowing Base for the relevant BorrowerOffshore Currency Loan Sublimit. Within the limits of each Bank's Revolving Lender’s Commitment, and subject to the other terms and conditions hereof, a Borrower the Company may borrow under this Section 2.12.01, repay prepay under the terms hereof Section 2.08 and reborrow under this Section 2.12.01.
Appears in 2 contracts
Amounts and Terms of Commitments. Each Bank severally agrees, on the terms and conditions hereinafter set forth hereinforth, to make Loans to the Borrowers from time to time on any Business Day during the period from the Refinancing Closing Date to the Commitment Termination Date equal to its Pro Rata Share of the Maturity Date, in an aggregate amount of the Borrowing requested by a Borrower not to be made on such day. The Commitment of each Bank and the outstanding principal amount of Loans made by each Bank hereunder shall not exceed at any time outstanding the aggregate amount set forth on opposite such Bank's name in Schedule II 2.1 under the heading "Commitment" (such amount as the same may be reduced under pursuant to Section 2.5 2.6 or 2.8 or as a result of one or more assignments as permitted herein pursuant to Section 3.7 and Section 9.710.8, the such Bank's "Commitment"); provided, however, that, after giving effect to any BorrowingBorrowing of Loans, the aggregate principal amount of all outstanding Loans shall not at any time exceed the Commitment AmountAggregate Commitment; and provided, further, that the aggregate principal amount of all the Loans outstanding from time to time to a Borrower of any Bank shall not at any time exceed the Borrowing Base for the relevant Borrowersuch Bank's Commitment. Within the limits of each Bank's Commitment, and subject to the other terms and conditions hereof, a Borrower the Company may borrow under this Section 2.1, repay under the terms hereof prepay pursuant to Section 2.7 and reborrow under pursuant to this Section 2.1.
Appears in 2 contracts
Samples: Reducing Revolving Credit Agreement (Cinemark Usa Inc /Tx), Reducing Revolving Credit Agreement (Cinemark Usa Inc /Tx)
Amounts and Terms of Commitments. Each Bank severally agrees, on the terms and conditions set forth herein, to (i) make Loans loans to the Borrowers Company (each such loan, a `Loan') from time to time on any Business Day during the period from the Refinancing Closing Date to the Commitment Termination Date equal to its Pro Rata Share Date, and (ii) purchase from the Agent a participation in the Letters of the Credit and make Disbursements in accordance with this Article II, in an aggregate amount of the Borrowing requested by a Borrower not to be made on such day. The Commitment of each Bank and the outstanding principal amount of Loans made by each Bank hereunder shall not exceed at any time outstanding, the aggregate amount set forth on Schedule II 2.01 (such amount as the same may be reduced under Section 2.5 2.05 or as a result of one or more assignments as permitted herein pursuant to under Section 3.7 and Section 9.710.08, the Bank's "`Commitment"'); provided, however, that, after giving effect to any BorrowingBorrowing of Loans or issuance of any Letter of Credit, the aggregate principal amount of all outstanding Loans plus the then aggregate amount of all Letter of Credit Outstandings shall not at any time exceed the Commitment Amountcombined Commitments; and provided, furtherhowever, that the aggregate principal amount of all Loans outstanding from time to time to a Borrower Agent shall not be required to issue any Letter of Credit if, after giving effect thereto, the Letter of Credit Outstandings would exceed the Borrowing Base for the relevant Borrower$5,000,000. Within the limits of each Bank's Commitment, and subject to the other terms and conditions hereof, a Borrower the Company may borrow under this Section 2.12.01, repay prepay under the terms hereof Section 2.06 and reborrow under this Section 2.12.01. Subject to the terms hereof, the Company may from time to time request the issuance of Letters of Credit, allow Letters of Credit to expire undrawn or, if drawn upon, repay Reimbursement Obligations relative thereto and request the issuance of new Letters of Credit."
Appears in 1 contract
Samples: Credit Agreement (Ns Group Inc)
Amounts and Terms of Commitments. Each Bank severally agrees, on the terms and conditions set forth herein, to make Loans loans to the Borrowers (each such loan, a "Committed Loan") from time to time on any Business Day during the period from the Refinancing Closing Date to the Commitment Termination Date equal Date, in an aggregate principal Dollar Equivalent amount not to its Pro Rata Share of the aggregate amount of the Borrowing requested by a Borrower to be made on such day. The Commitment of each Bank and the outstanding principal amount of Loans made by each Bank hereunder shall not exceed at any time outstanding the aggregate amount set forth on opposite the Bank's name in Schedule II 2.1 under the heading "Commitment" (such amount as the same may be reduced under pursuant to Section 2.5 2.8 or as a result of one or more assignments as permitted herein pursuant to Section 3.7 and Section 9.710.8, the Bank's "Commitment"); provided, however, that, after giving effect to any BorrowingBorrowing of Committed Loans, the aggregate principal Dollar Equivalent amount of all outstanding Loans shall not at any time exceed the Commitment Amountcombined Commitments; and provided, further, that in no event shall the aggregate principal amount Dollar Equivalent of all outstanding Committed Loans outstanding from time to time to a Borrower shall not of APSA exceed the Borrowing Base for lesser of (x) $40,000,000 and (y) the relevant Borrowercombined Commitments. Within the limits of each Bank's Commitment, and subject to the other terms and conditions hereof, a Borrower the Borrowers may borrow under this Section 2.1, repay under the terms hereof prepay pursuant to Section 2.9 and reborrow under pursuant to this Section 2.1.
Appears in 1 contract
Amounts and Terms of Commitments. (a) Each Bank severally agrees, on the terms and conditions set forth herein, to make Loans loans to the Borrowers Company (each such loan, a "REVOLVING LOAN") from time to time on any Business Day during the period from the Refinancing Closing Date to the Commitment Revolving Termination Date equal to its Pro Rata Share of the Date, in an aggregate amount of the Borrowing requested by a Borrower not to be made on such day. The Commitment of each Bank and the outstanding principal amount of Loans made by each Bank hereunder shall not exceed at any time outstanding, the aggregate amount set forth on Schedule II SCHEDULE 2.01 (such amount amount, as the same may be reduced under Section 2.5 SECTION 2.05 or as a result of one or more assignments as permitted herein pursuant to Section 3.7 and Section 9.7under SECTION 10.08, or increased under SECTION 2.01(B), the Bank's "CommitmentCOMMITMENT"); provided, however, that, after giving effect to any BorrowingBorrowing of Revolving Loans, the aggregate principal amount Effective Amount of all outstanding Loans Revolving Loans, together with the Effective Amount of all L/C Obligations, shall not at any time exceed the Commitment Amountcombined Commitments; and provided, provided further, that the aggregate principal amount Effective Amount of the Revolving Loans of any Bank plus the participation of such Bank in the Effective Amount of all Loans outstanding from time to time to a Borrower L/C Obligations shall not at any time exceed the Borrowing Base for the relevant Borrowersuch Bank's Commitment. Within the limits of each Bank's Commitment, and subject to the other terms and conditions hereof, a Borrower the Company may borrow under this Section 2.1SECTION 2.01, repay prepay under the terms hereof SECTION 2.06 and reborrow under this Section 2.1SECTION 2.01.
Appears in 1 contract
Samples: Credit Agreement (Genlyte Group Inc)
Amounts and Terms of Commitments. Each Bank severally agrees, on the terms and conditions hereinafter set forth hereinforth, to make Loans loans to the Borrowers Company (each such loan, a "Revolving Loan") from time to time on any Business Day during the period from the Refinancing Closing Date to the Commitment Revolving Termination Date equal to its Pro Rata Share of the Date, in an aggregate amount of the Borrowing requested by a Borrower not to be made on such day. The Commitment of each Bank and the outstanding principal amount of Loans made by each Bank hereunder shall not exceed at any time outstanding the aggregate amount set forth on opposite the Bank's name in Schedule II 2.1 under the heading "Commitment" (such amount as the same may be reduced under pursuant to Section 2.5 or Section 2.7, or as a result of one or more assignments as permitted herein pursuant to Section 3.7 and Section 9.711.8, the Bank's "Commitment"); provided, however, that, after giving effect to any BorrowingBorrowings, the aggregate principal amount Effective Amount of all outstanding Loans Revolving Loans, Swingline Loans, and L/C Obligations shall not at any time exceed the Commitment AmountAggregate Commitment; and provided, further, that the aggregate principal amount Effective Amount of the Revolving Loans of any Bank plus such Bank's Commitment Percentage of the Effective Amount of all L/C Obligations and Swingline Loans outstanding from time to time to a Borrower shall not at any time exceed the Borrowing Base for the relevant Borrowersuch Bank's Commitment. Within the limits of each Bank's Commitment, and subject to the other terms and conditions hereof, a Borrower until the Revolving Termination Date, the Company may borrow under this Section 2.1, repay under the terms hereof prepay pursuant to Section 2.8 and reborrow under this Section 2.1.pursuant to this
Appears in 1 contract
Samples: Revolving Credit Agreement (Plum Creek Timber Co Inc)
Amounts and Terms of Commitments. (1) The Revolving Credit. Each Bank severally agrees, on the terms and conditions set forth herein, to make Loans to the Borrowers Company from time to time on any Business Day during the period from the Refinancing Closing Date to the Commitment Revolving Termination Date equal to its Pro Rata Share of the Date, in an aggregate amount of the Borrowing requested by a Borrower not to be made on such day. The Commitment of each Bank and the outstanding principal amount of Loans made by each Bank hereunder shall not exceed at any time outstanding, for the aggregate relevant period, the amount set forth opposite such Bank's name on Schedule II 2.01 under the heading "Commitment" (such amount amount, as the same may be reduced under Section 2.5 2.05(a) or as a result of one or more assignments as permitted herein pursuant to under Section 3.7 and 11.08, or increased under Section 9.72.05(b), the Bank's "Commitment"); provided, however, that, after giving effect to any Borrowing, the aggregate principal amount of all outstanding Loans shall not at any time exceed the Commitment Amountcombined Commitments; and provided, further, that the aggregate principal amount of the Loans of any Bank plus the participation of such Bank in the Effective Amount of all L/C Obligations and the principal amount of all outstanding Swing Line Loans outstanding from time to time to a Borrower shall not exceed the Borrowing Base for the relevant Borrowerat any time such Bank's Commitment. Within the limits of each Bank's Commitment, and subject to the other terms and conditions hereof, a Borrower the Company may borrow under this subsection, prepay under Section 2.1, repay under the terms hereof 2.06 and reborrow under this Section 2.1subsection.
Appears in 1 contract
Amounts and Terms of Commitments. Each Bank severally agrees, on --------------------------------- and subject to the terms and conditions set forth herein, to make Base Rate Loans or Offshore Rate Loans denominated in Dollars to the Borrowers Company from time to time as requested by the Company in accordance with Sections 2.3 and 10.2 on any Business Day during the period from the Refinancing Closing Date to but not including the Commitment Revolving Facility Termination Date equal to its Pro Rata Share of the Date, in an aggregate amount of the Borrowing requested by a Borrower not to be made on such day. The Commitment of each Bank and the outstanding principal amount of Loans made by each Bank hereunder shall not exceed at any time outstanding the aggregate amount set forth opposite its name in the column under the heading "Commitments" on Schedule II 2.1 (such amount amount, as the same may be reduced ------------ under Section 2.5 or as a result of one or more assignments as permitted herein pursuant to under Section 3.7 and Section 9.710.8, the Bank's "Commitment"); provided, however, that, after giving effect to any ---------- -------- ------- Borrowing, the aggregate principal amount of all outstanding Loans to the Company shall not at any time exceed the Commitment Amount; and provided, further, that the aggregate principal amount of all Loans outstanding from time to time to a Borrower shall not exceed the Borrowing Base for the relevant Borrowercombined Commitments. Within the limits of each Bank's Commitment, and subject to the other terms and conditions hereof, a Borrower may the Company may, until the Revolving Facility Termination Date, borrow under this Section 2.1, repay prepay under the terms hereof Section 2.6 and reborrow under this Section 2.1; provided further that no Loan to the Company shall be denominated in or -------- ------- payable in a currency other than Dollars. The aggregate of all Commitments hereunder on the date of this Agreement is $850,000,000.
Appears in 1 contract
Samples: Credit Agreement (McKesson Hboc Inc)
Amounts and Terms of Commitments. Each Bank severally agrees, on the terms and conditions set forth herein, to make Loans loans in Dollars and Offshore Currencies to the Borrowers Borrower (each such loan, a "Committed Loan") from time to time on any Business Day during the period from the Refinancing Closing Date to the Commitment Termination Date equal Date, in an aggregate principal Dollar Equivalent amount not to its Pro Rata Share of the aggregate amount of the Borrowing requested by a Borrower to be made on such day. The Commitment of each Bank and the outstanding principal amount of Loans made by each Bank hereunder shall not exceed at any time outstanding the aggregate amount set forth on opposite such Bank's name in Schedule II 2.1 under the heading "Commitment" (such amount as the same may be reduced under pursuant to Section 2.5 2.8 or as a result of one or more assignments as permitted herein pursuant to Section 3.7 and Section 9.710.8, the Bank's "Commitment"); provided, however, that, after giving effect to any BorrowingBorrowing of Committed Loans, the aggregate principal Dollar Equivalent amount of all outstanding Loans the Outstanding Obligations held by each Bank shall not at any time exceed such Bank's Commitment and the Commitment Amount; and provided, further, that the aggregate principal amount Outstanding Obligations of all Loans outstanding from time to time to a Borrower Banks shall not exceed the Borrowing Base for the relevant Borrowercombined Commitments. Within the limits of each Bank's Commitment, and subject to the other terms and conditions hereof, a the Borrower may borrow under this Section 2.1, repay under the terms hereof prepay pursuant to Section 2.9 and reborrow under pursuant to this Section 2.1.
Appears in 1 contract
Amounts and Terms of Commitments. Each Bank severally agrees, on the terms and conditions set forth herein, to make Loans to the Borrowers Borrower from time to time on any Business Day during the period from the Refinancing Closing Date to the Commitment Termination Date equal to its Pro Rata Share of the aggregate amount of the Borrowing requested by a the Borrower to be made on such day. The Commitment of each Bank and the outstanding principal amount of Loans made by each Bank hereunder shall not exceed at any time the aggregate amount set forth on Schedule II (such amount as the same may be reduced under Section 2.5 or as a result of one or more assignments as permitted herein pursuant to Section 3.7 and Section 9.7, the Bank's "Commitment"); provided, however, that, after giving effect to any Borrowing, the aggregate principal amount of all outstanding Loans shall not at any time exceed the Commitment Amount; , and provided, further, provided that the aggregate principal amount of all Loans outstanding from time to time to a the Borrower shall not exceed the Borrowing Base for the relevant Borrower. Within the limits of each Bank's Commitment, and subject to the other terms and conditions hereof, a the Borrower may borrow under this Section 2.1, repay under the terms hereof and reborrow under this Section 2.1.
Appears in 1 contract
Samples: Credit Agreement (Van Kampen American Capital Prime Rate Income Trust)
Amounts and Terms of Commitments. (a) The Revolving Credit. Each Bank severally agrees, on the terms and conditions set forth herein, to make Loans to the Borrowers Companies from time to time on any Business Day during for the period from the Refinancing Closing Date to the Commitment Termination Date equal Date, in an aggregate principal Dollar Equivalent amount for the combined Companies not to its Pro Rata Share of the aggregate amount of the Borrowing requested by a Borrower to be made on such day. The Commitment of each Bank and the outstanding principal amount of Loans made by each Bank hereunder shall not exceed at any time outstanding the aggregate amount set forth on opposite the Bank's name in Schedule II 2.1 under the heading "Commitment" (such amount as the same may be reduced under pursuant to Section 2.5 2.6 or as a result of one or more assignments as permitted herein pursuant to Section 3.7 and Section 9.710.8, the Bank's "Commitment"); provided, however, that, that after giving effect to any BorrowingBorrowing of Loans, the aggregate principal Dollar Equivalent amount of all outstanding Loans shall not at any time exceed the Commitment Amountcombined Commitments of all Banks; and provided, provided further, that after giving effect to any Borrowing of Offshore Currency Loans, the aggregate principal Dollar Equivalent amount of all outstanding Offshore Currency Loans outstanding from time to time to a Borrower shall not exceed the Borrowing Base for the relevant BorrowerOffshore Currency Loan Sublimit. Within the limits of each Bank's Commitment, and subject to the other terms and conditions hereof, a Borrower the Companies may borrow under this Section 2.1subsection 2.1(a), repay under the terms hereof such Borrowings pursuant to Section 2.7 and reborrow under pursuant to this Section 2.1subsection 2.1(a).
Appears in 1 contract
Amounts and Terms of Commitments. Each Bank severally agrees, on (a) Subject to the terms and conditions set forth herein, and in reliance upon the representations and warranties of the Borrower contained herein, each Lender with a Commitment severally and not jointly agrees to make Loans loans (each such loan, a “Loan” and, collectively, the “Loans”) to the Borrowers Borrower from time to time time, on any Business Day during the period from the Refinancing Date Availability Period, following proper delivery of a Loan Notice pursuant to the Commitment Termination Date equal to its Pro Rata Share of the Section 1.5 hereof, in an aggregate amount of the Borrowing requested by a Borrower not to be made on such day. The Commitment of each Bank and the outstanding principal amount of Loans made by each Bank hereunder shall not exceed at any time outstanding the aggregate amount set forth on Schedule II (of such amount as the same may be reduced under Section 2.5 or as a result of one or more assignments as permitted herein pursuant to Section 3.7 and Section 9.7, the Bank's "Lender’s Commitment"); provided, however, that, that after giving effect to any Borrowing, (i) the aggregate outstanding principal amount of all outstanding Loans shall not at any time exceed the Commitment Amount; and provided, further, that the aggregate principal amount of all Loans outstanding from time to time to a Borrower Lenders shall not exceed the Borrowing Base for Aggregate Commitment at such time and (ii) the relevant Borroweraggregate outstanding principal amount of Loans of any Lender shall not exceed such Lender’s Commitment. Within the limits of each Bank's Lender’s Commitment, and subject to the other terms and conditions hereof, a the Borrower may borrow under this Section 2.11.1(a), repay prepay under the terms hereof Sections 1.7 or 1.8, and reborrow under this Section 2.11.1(a). The Loans may be Base Rate Loans or Eurodollar Rate Loans, as further provided herein.
Appears in 1 contract
Samples: Credit Agreement (Amerco /Nv/)
Amounts and Terms of Commitments. Each Bank Lender severally agrees, on the terms and conditions set forth herein, to make Committed Loans to the Borrowers Company from time to time on any Business Day during the period from the Refinancing Closing Date to the Commitment Termination Date equal Date, in an aggregate Dollar Equivalent amount not to its Pro Rata Share of the aggregate amount of the Borrowing requested by a Borrower to be made on such day. The Commitment of each Bank and the outstanding principal amount of Loans made by each Bank hereunder shall not exceed at any time outstanding the aggregate amount set forth on Schedule II 2.1 (such amount amount, as the same may be reduced under Section 2.5 2.8 or as a result of one or more assignments as permitted herein pursuant to under Section 3.7 and Section 9.710.8, the Banksuch Lender's "Commitment"); provided, however, that, after giving effect to any Borrowing, that the aggregate Dollar Equivalent principal amount of all outstanding Loans (whether Committed Loans or Bid Loans) shall not at any time exceed the Commitment Amountcombined Commitments; and provided, further, that the aggregate Dollar Equivalent principal amount of all outstanding Loans outstanding from time to time to a Borrower (whether Committed Loans or Bid Loans) of any Lender shall not at any time exceed the Borrowing Base for the relevant Borrowersuch Lender's Commitment. Within the limits of each BankLender's Commitment, and subject to the other terms and conditions hereof, a Borrower the Company may borrow under this Section 2.1, repay prepay under the terms hereof Section 2.9 and reborrow under this Section 2.1.
Appears in 1 contract
Samples: Credit Agreement (Cotter & Co)
Amounts and Terms of Commitments. Each Bank severally agrees, on the terms and conditions hereinafter set forth hereinforth, and upon request by the Company, to make Loans in Dollars to the Borrowers Company from time to time on any Business Day during the period from the Refinancing Closing Date to the Current Commitment Termination Date equal to its Pro Rata Share of the Date, in an aggregate amount of the Borrowing requested by a Borrower to be made on such day. The Commitment of each Bank and the outstanding principal amount of Loans made by each Bank hereunder shall not to exceed at any time outstanding the aggregate amount set forth on opposite the Bank's name in Schedule II 2.01, (such amount as the same may be reduced under pursuant to Section 2.5 2.05 or reduced or increased as a result of one or more assignments as permitted herein pursuant to Section 3.7 and Section 9.710.08, the being herein referred to as a Bank's "Commitment"); provided, however, that, after giving effect to any Borrowing, the aggregate principal amount of all outstanding Loans shall not at any time exceed the Commitment Amount; and provided, further, that the aggregate principal amount of all Loans outstanding from time to time to a Borrower shall not exceed the Borrowing Base for the relevant BorrowerAggregate Commitment. Within the limits of each Bank's Commitment, and subject to the other terms and conditions hereof, a Borrower the Company may borrow under this Section 2.12.01, repay under the terms hereof prepay pursuant to Section 2.06 and reborrow under pursuant to this Section 2.12.01. On the Current Commitment Termination Date, the Aggregate Commitment shall be terminated, the outstanding principal amount of the Loans shall be frozen, and such amount shall become a term loan which is due and payable on the Termination Date. Amounts repaid or prepaid following the Current Commitment Termination Date may not be reborrowed.
Appears in 1 contract
Amounts and Terms of Commitments. Each Bank severally agrees, on the terms and conditions hereinafter set forth hereinforth, to make Loans to the Borrowers from time to time on any Business Day during the period from the Refinancing Closing Date to the Commitment Termination Date equal to its Pro Rata Share of the Maturity Date, in an aggregate amount of the Borrowing requested by a Borrower not to be made on such day. The Commitment of each Bank and the outstanding principal amount of Loans made by each Bank hereunder shall not exceed at any time outstanding the aggregate amount set forth on opposite such Bank's name in Schedule II 2.1 under the heading "Commitment" (such amount as the same may be reduced under pursuant to Section 2.5 2.6 or as a result of one or more assignments as permitted herein pursuant to Section 3.7 and Section 9.710.8, the such Bank's "Commitment"); providedprovide, however, that, after giving effect to any BorrowingBorrowing of Loans, the aggregate principal amount of all outstanding Loans shall not at any time exceed the Commitment AmountAggregate Commitment; and provided, further, that the aggregate principal amount of all the Loans outstanding from time to time to a Borrower of any Bank shall not at any time exceed the Borrowing Base for the relevant Borrowersuch Bank's Commitment. Within the limits of each Bank's Commitment, and subject to the other terms and conditions hereof, a Borrower may borrow under this Section 2.1, repay under the terms hereof prepay pursuant to Section 2.7 and reborrow under pursuant to this Section 2.1.
Appears in 1 contract
Amounts and Terms of Commitments. Each Bank severally agrees, on the terms and conditions set forth herein, to make Loans loans to the Borrowers (each such loan, a "Revolving Loan") from time to time on any Business Day during the period from the Refinancing Closing Date to the Commitment Revolving Termination Date equal Date, in an aggregate principal Dollar Equivalent amount not to its Pro Rata Share of the aggregate amount of the Borrowing requested by a Borrower to be made on such day. The Commitment of each Bank and the outstanding principal amount of Loans made by each Bank hereunder shall not exceed at any time outstanding the aggregate amount set forth on opposite the Bank's name in Schedule II 2.1(b) under the heading "Commitment" (such amount as the same may be reduced under pursuant to Section 2.5 2.6 or as a result of one or more assignments as permitted herein pursuant to Section 3.7 and Section 9.711.8, the Bank's "Commitment"); provided, however, that, after giving effect to any BorrowingBorrowing of Revolving Loans, the aggregate principal Dollar Equivalent amount of all outstanding Revolving Loans shall not at any time exceed the Commitment Amount; and provided, further, that the aggregate principal amount of all Loans outstanding from time to time to a Borrower shall not exceed the combined Commitments; and provided further that, after giving effect to any Borrowing Base for of Offshore Currency Loans, the relevant Borroweraggregate principal Dollar Equivalent amount of all outstanding Offshore Currency Loans shall not exceed the Offshore Currency Loan Sublimit. Within the limits of each Bank's Commitment, and subject to the other terms and conditions hereof, a Borrower the Borrowers may borrow under this subsection 2.1(b), prepay pursuant to Section 2.1, repay under the terms hereof 2.6 and reborrow under pursuant to this Section 2.1subsection 2.1(b).
Appears in 1 contract
Samples: Term Credit Agreement (Schawk Inc)
Amounts and Terms of Commitments. Each Bank severally agrees, on the terms and conditions set forth herein, to (i) make Loans loans to the Borrowers Company (each such loan, a "Loan") from time to time on any Business Day during the period from the Refinancing Closing Date to the Commitment Termination Date equal to its Pro Rata Share Date, and (ii) purchase from the Agent a participation in the Letters of the Credit and make Disbursements in accordance with this Article II, in an aggregate amount of the Borrowing requested by a Borrower not to be made on such day. The Commitment of each Bank and the outstanding principal amount of Loans made by each Bank hereunder shall not exceed at any time outstanding, the aggregate amount set forth on Schedule II 2.01 (such amount as the same may be reduced under Section 2.5 2.05 or as a result of one or more assignments as permitted herein pursuant to under Section 3.7 and Section 9.710.08, the Bank's "Commitment"); provided, however, that, after giving effect to any BorrowingBorrowing of Loans or issuance of any Letter of Credit, the aggregate principal amount of all outstanding Loans plus the then aggregate amount of all Letter of Credit Outstandings shall not at any time exceed the Commitment Amountcombined Commitments; and provided, furtherhowever, that the aggregate principal amount of all Loans outstanding from time to time to a Borrower Agent shall not be required to issue any Letter of Credit if, after giving effect thereto, the Letter of Credit Outstandings would exceed the Borrowing Base for the relevant Borrower$30,000,000. Within the limits of each Bank's Commitment, and subject to the other terms and conditions hereof, a Borrower the Company may borrow under this Section 2.12.01, repay prepay under the terms hereof Section 2.06 and reborrow under this Section 2.12.01. Subject to the terms hereof, the Company may from time to time request the issuance of Letters of Credit, allow Letters of Credit to expire undrawn or, if drawn upon, repay Reimbursement Obligations relative thereto and request the issuance of new Letters of Credit.
Appears in 1 contract
Samples: Credit Agreement (Ns Group Inc)
Amounts and Terms of Commitments. Each Bank Lender severally agrees, on the terms and conditions set forth herein, to make Loans to the Borrowers Company (each such loan, a "Revolving Loan") from time to time on any Business Day during the period from the Refinancing Closing Date to the Commitment Termination Date equal to its Pro Rata Share of the Date, in an aggregate amount of the Borrowing requested by a Borrower not to be made on such day. The Commitment of each Bank and the outstanding principal amount of Loans made by each Bank hereunder shall not exceed at any time outstanding the aggregate lesser of the following: (i) the amount set forth on Schedule II 2.01 (such amount amount, as the same may be reduced under Section 2.5 2.05 or as a result of one or more assignments as permitted herein pursuant to under Section 3.7 and Section 9.711.07, the BankLender's "Commitment")) and (ii) the Lender's Pro Rata Share of the current Borrowing Base; provided, however, that, after giving effect to any BorrowingBorrowing of Revolving Loans, the aggregate principal amount Effective Amount of all outstanding Loans Revolving Loans, together with the Effective Amount of all L/C Obligations and the Effective Amount of all Swing Line Loans, shall not at any time exceed the Commitment Amount; and provided, further, that lesser of (x) the aggregate principal amount combined Commitments of all Loans outstanding from time to time to a Borrower shall not exceed of the Lenders and (y) the current Borrowing Base for the relevant BorrowerBase. Within the limits of each BankLender's Commitment, and subject to the other terms and conditions hereofof this Agreement, a Borrower the Company may borrow under this Section 2.12.01, repay prepay under the terms hereof Section 2.06 and reborrow under this Section 2.12.01.
Appears in 1 contract
Amounts and Terms of Commitments. Each Bank Lender severally agrees, on the terms and conditions set forth herein, to make Loans to the Borrowers Company from time to time on any Business Day during the period from the Refinancing Closing Date to the Commitment Termination Date equal to its Pro Rata Share of the Date, in an aggregate amount of the Borrowing requested by a Borrower not to be made on such day. The Commitment of each Bank and the outstanding principal amount of Loans made by each Bank hereunder shall not exceed at any time outstanding the aggregate amount set forth on Schedule II SCHEDULE 2.1 with respect to such Lender (such amount amount, as the same may be reduced under Section 2.5 SECTION 2.5, increased under SECTION 2.14 or changed as a result of one or more assignments as permitted herein pursuant to Section 3.7 and Section 9.7under SECTION 10.8, the Banksuch Lender's "CommitmentCOMMITMENT"); providedPROVIDED, howeverHOWEVER, that, after giving effect to any Borrowing, that the aggregate principal amount of all outstanding Loans shall not at any time exceed the Commitment Amountlesser of (x) the combined Commitments at such time and (y) the Borrowing Base at such time as determined from the most recent Borrowing Base Certificate as modified by any Agreed-upon Procedures Report delivered to the Lenders after the date of such Borrowing Base Certificate; and providedPROVIDED, furtherFURTHER, that the aggregate principal amount of all the Loans of any Lender shall not at any time exceed such Lender's Commitment; and PROVIDED, FURTHER, that the aggregate outstanding from principal amount of Stage I Loans at any time to time to a Borrower shall not exceed 40% of the Borrowing Base for the relevant Borrowercombined Commitments at such time. Within the limits of each BankLender's Commitment, and subject to the other terms and conditions hereof, a Borrower the Company may borrow under this Section SECTION 2.1, repay prepay under the terms hereof SECTION 2.6 and reborrow under this Section SECTION 2.1.
Appears in 1 contract
Amounts and Terms of Commitments. Each Bank severally agrees, on the terms and conditions set forth herein, to make Loans loans to the Borrowers Company (each such loan, a "Revolving Loan") from time to time on any Business Day during the period from the Refinancing Closing Date to the Commitment Revolving Termination Date equal and to its Pro Rata Share of participate in the L/C Obligations, in an aggregate amount of the Borrowing requested by a Borrower to be made on such day. The Commitment of each Bank and the outstanding principal amount of Loans made by each Bank hereunder shall not to exceed at any time outstanding the aggregate amount set forth on opposite the Bank's name with respect to such time in Schedule II 2.01 under the heading "Commitment" (such amount as the same may be reduced under pursuant to Section 2.5 2.05 or as a result of one or more assignments as permitted herein pursuant to Section 3.7 and Section 9.711.08, the Bank's "Commitment"); provided, however, provided that, after giving effect to any BorrowingBorrowing of Revolving Loans, (x) the aggregate principal amount of all outstanding Revolving Loans, and the amount of all L/C Obligations at any time shall not exceed the combined Commitments as in effect at such time, and (y) the amount of all outstanding Revolving Loans and the amount of all L/C Obligations in respect of Usance Letters of Credit shall not at any time exceed the Commitment Amount; and provided, further, that the aggregate principal amount of all Loans outstanding from time to time to a Borrower shall not exceed the Borrowing Base for the relevant Borrower$15,000,000. Within the limits of each Bank's Commitment, and subject to the other terms and conditions hereof, a Borrower the Company may borrow under this Section 2.12.01, repay under the terms hereof prepay pursuant to Section 2.06 and reborrow under pursuant to this Section 2.12.01.
Appears in 1 contract
Samples: Credit Agreement (Gymboree Corp)
Amounts and Terms of Commitments. Each Bank severally agrees, on the terms and conditions set forth herein, to make Loans to the Borrowers Fund from time to time on any Business Day during the period from the Refinancing Date to the Commitment Termination Date equal to its Pro Rata Share of the aggregate amount of the Borrowing requested by a Borrower the Fund to be made on such day. The Commitment of each Bank and the outstanding principal amount of Loans made by each Bank hereunder shall not exceed at any time the aggregate amount set forth on Schedule SCHEDULE II (such amount as the same may be reduced under Section SECTION 2.5 or as a result of one or more assignments as permitted herein pursuant to Section SECTION 3.7 and Section SECTION 9.7, the Bank's "CommitmentCOMMITMENT"); providedPROVIDED, howeverHOWEVER, that, after giving effect to any Borrowing, the aggregate principal amount of all outstanding Loans shall not at any time exceed the Commitment Amount; and providedPROVIDED, furtherFURTHER, that the aggregate principal amount of all Loans outstanding from time to time to a Borrower the Fund shall not exceed the Borrowing Base for the relevant BorrowerFund. Within the limits of each Bank's Commitment, and subject to the other terms and conditions hereof, a Borrower the Fund may borrow under this Section SECTION 2.1, repay under the terms hereof and reborrow under this Section SECTION 2.1.
Appears in 1 contract
Samples: Credit Agreement (Liberty Floating Rate Advantage Fund)
Amounts and Terms of Commitments. Each Bank severally agrees, on the terms and subject to the conditions hereinafter set forth hereinforth, to make Committed Loans to the Borrowers Borrower (each such Loan, a "Committed Loan") from time to time on any Business Day during the period from the Refinancing Effective Date to the Commitment Termination Date equal to its Pro Rata Share of the Date, in an aggregate amount of the Borrowing requested by a Borrower to be made on such day. The Commitment of each Bank and the outstanding principal amount of Loans made by each Bank hereunder shall not to exceed at any time the aggregate amount set forth on Schedule II (outstanding such amount as the same may be reduced under Section 2.5 or as a result of one or more assignments as permitted herein pursuant to Section 3.7 and Section 9.7, the Bank's "Commitment"); provided, however, that, that after giving effect to any BorrowingBorrowing of Committed Loans, (a) the aggregate principal amount of all outstanding Committed Loans shall not at any time exceed the Commitment Amount; and provided, further, that plus (b) the aggregate principal amount of all outstanding Bid Loans outstanding from time to time to a Borrower shall not exceed the Borrowing Base for Aggregate Commitments; and provided further that no Loan shall be made at any time prior to the relevant BorrowerAcquisition Date unless there are at such time no unused commitments under the Existing Credit Agreement (and/or any amendment of, supplement to or replacement of the Existing Credit Agreement). Within the limits of each Bank's Commitment, the Borrower may on and subject prior to the other terms and conditions hereof, a Borrower may Termination Date borrow under this Section 2.12.01, repay under the terms hereof prepay pursuant to Section 2.07 and reborrow under pursuant to this Section 2.12.01. Loans repaid or prepaid after the Termination Date may not be reborrowed.
Appears in 1 contract
Samples: Credit Agreement (Tyson Foods Inc)
Amounts and Terms of Commitments. Each Bank severally agrees, on the terms and conditions hereinafter set forth hereinforth, to make Loans to the Borrowers from time to time on any Business Day during the period from the Refinancing Closing Date to the Commitment Termination Date equal to its Pro Rata Share of the Maturity Date, in an aggregate amount of the Borrowing requested by a Borrower not to be made on such day. The Commitment of each Bank and the outstanding principal amount of Loans made by each Bank hereunder shall not exceed at any time outstanding the aggregate amount set forth on opposite such Bank's name in Schedule II 2.01 under the heading "Commitment" (such amount as the same may be reduced under pursuant to Section 2.5 2.06 or as a result of one or more assignments as permitted herein pursuant to Section 3.7 and Section 9.710.08, the such Bank's "Commitment"); provided, however, that, after giving effect to any BorrowingBorrowing of Loans, the aggregate principal amount of all outstanding Loans shall not at any time exceed the Commitment AmountAggregate Commitment; and provided, further, that the aggregate principal amount of all the Loans outstanding from time to time to a Borrower of any Bank shall not at any time exceed the Borrowing Base for the relevant Borrowersuch Bank's Commitment. Within the limits of each Bank's Commitment, and subject to the other terms and conditions hereof, a Borrower may borrow under this Section 2.12.01, repay under the terms hereof prepay pursuant to Section 2.07 and reborrow under pursuant to this Section 2.12.01.
Appears in 1 contract
Amounts and Terms of Commitments. Each Bank severally agrees, on the terms and subject to the conditions hereinafter set forth hereinforth, to make Committed Loans to the Borrowers Borrower (each such Loan, a "Committed Loan") from time to time on any Business Day during the period from the Refinancing Effective Date to the Commitment Termination Date equal to its Pro Rata Share of the Date, in an aggregate amount of the Borrowing requested by a Borrower to be made on such day. The Commitment of each Bank and the outstanding principal amount of Loans made by each Bank hereunder shall not to exceed at any time the aggregate amount set forth on Schedule II (outstanding such amount as the same may be reduced under Section 2.5 or as a result of one or more assignments as permitted herein pursuant to Section 3.7 and Section 9.7, the Bank's "Commitment"); provided, however, that, that after giving effect to any BorrowingBorrowing of Committed Loans, (a) the aggregate principal amount of all outstanding Committed Loans shall not at any time exceed the Commitment Amount; and provided, further, that plus (b) the aggregate principal amount of all outstanding Bid Loans outstanding from time to time to a Borrower shall not exceed the Borrowing Base for Aggregate Commitments; and provided further that no Loan shall be made at any time prior to the relevant BorrowerAcquisition Date unless there are at such time no unused commitments under the Existing Credit Agreement (and/or any amendment of, supplement to or replacement of the Existing Credit Agreement). Within the limits of each Bank's Commitment, the Borrower may on and subject prior to the other terms and conditions hereof, a Borrower may Termination Date borrow under this Section 2.12.01, repay under the terms hereof prepay pursuant to Section 2.07 and reborrow under pursuant to this Section 2.12.01. Loans repaid or prepaid after the Termination Date may not be reborrowed. SECTION 2.02.
Appears in 1 contract
Samples: Credit Agreement (Tyson Foods Inc)
Amounts and Terms of Commitments. Each Bank severally agrees, on the terms and conditions hereinafter set forth hereinforth, to make Loans to the Borrowers from time to time on any Business Day during the period from the Refinancing Closing Date to the Commitment Termination Date equal to its Pro Rata Share of the Maturity Date, in an aggregate amount of the Borrowing requested by a Borrower not to be made on such day. The Commitment of each Bank and the outstanding principal amount of Loans made by each Bank hereunder shall not exceed at any time outstanding the aggregate amount set forth on opposite such Bank's name in Schedule II 2.01 under the heading "Commitment" (such amount as the same may be reduced under pursuant to Section 2.5 2.06 or 2.08 or as a result of one or more assignments as permitted herein pursuant to Section 3.7 and Section 9.710.08, the such Bank's "Commitment"); provided, however, that, after giving effect to any BorrowingBorrowing of Loans, the aggregate principal amount of all outstanding Loans shall not at any time exceed the Commitment AmountAggregate Commitment; and provided, further, that the aggregate principal amount of all the Loans outstanding from time to time to a Borrower of any Bank shall not at any time exceed the Borrowing Base for the relevant Borrowersuch Bank's Commitment. Within the limits of each Bank's Commitment, and subject to the other terms and conditions hereof, a Borrower the Company may borrow under this Section 2.12.01, repay under the terms hereof prepay pursuant to Section 2.07 and reborrow under pursuant to this Section 2.12.01.
Appears in 1 contract
Amounts and Terms of Commitments. Each Bank severally agrees, on the terms and conditions set forth herein, to make Loans loans to any or all of the Borrowers (each such loan, a "Revolving Loan") from time to time on any Business Day during the period from the Refinancing Closing Date to the Commitment Revolving Termination Date equal to its Pro Rata Share of the Date, in an aggregate amount of the Borrowing requested by a Borrower not to be made on such day. The Commitment of each Bank and the outstanding principal amount of Loans made by each Bank hereunder shall not exceed at any time outstanding for all Borrowers the aggregate amount set forth on Schedule II 2.1 (such amount as the same may be reduced under Section 2.5 or as a result of one or more assignments as permitted herein pursuant to under Section 3.7 and Section 9.713.8, the Bank's "Commitment"); provided, however, that, after giving effect to any BorrowingBorrowing of Revolving Loans, the aggregate principal amount Effective Amount of all outstanding Revolving Loans of all Borrowers and the Effective Amount of all L/C Obligations of all Borrowers, shall not at any time exceed the Commitment Amountcombined Commitments; and provided, provided further, that the aggregate principal amount Effective Amount of the Revolving Loans of any Bank to all Borrowers plus the participation of such Bank in the Effective Amount of all Loans outstanding from time to time to a Borrower L/C Obligations of all Borrowers shall not at any time exceed the Borrowing Base for the relevant Borrowersuch Bank's Commitment. Within the limits of each Bank's Commitment, and subject to the other terms and conditions hereof, a each Borrower may borrow under this Section 2.1, repay prepay under the terms hereof Section 2.6 and reborrow under this Section 2.1.
Appears in 1 contract
Amounts and Terms of Commitments. Each Bank severally agrees, on the terms and conditions set forth herein, to make Loans loans on a revolving credit basis to the Borrowers Company (each such loan, a "Loan") from time to time on any Business Day during the period from the Refinancing Closing Date to, but not including, the Credit Termination Date, in an aggregate principal Dollar Equivalent amount not to the Commitment Termination Date equal to its Pro Rata Share of the aggregate amount of the Borrowing requested by a Borrower to be made on such day. The Commitment of each Bank and the outstanding principal amount of Loans made by each Bank hereunder shall not exceed at any time outstanding the aggregate amount set forth on opposite such Bank's name in Schedule II 2.01 under the heading "Commitment" (such amount amount, as the same may be reduced under pursuant to Section 2.5 2.06, increased pursuant to Section 2.09 or changed as a result of one or more assignments as permitted herein pursuant to Section 3.7 and Section 9.711.08, the such Bank's "Commitment"); provided, however, provided that, after giving effect to any BorrowingBorrowing of Loans, the aggregate principal amount of all outstanding Loans Total Outstandings shall not at any time exceed the Commitment Amountcombined Commitments; and provided, further, that after giving effect to any Borrowing of Offshore Currency Loans, the aggregate principal Dollar Equivalent amount of all outstanding Offshore Currency Loans outstanding from time to time to a Borrower shall not exceed the Borrowing Base for the relevant BorrowerOffshore Currency Loan Sublimit. Within the limits of each Bank's Commitment, and subject to the other terms and conditions hereof, a Borrower the Company may borrow under this Section 2.12.01, repay under the terms hereof prepay pursuant to Section 2.07 and reborrow under pursuant to this Section 2.12.01.
Appears in 1 contract
Samples: Multicurrency Credit Agreement (Briggs & Stratton Corp)
Amounts and Terms of Commitments. Each Bank severally agrees, on the terms and conditions set forth herein, to make Loans loans (each such loan, a "Committed Loan") to the Borrowers Funds from time to time on any Business Day during the period from the Refinancing Closing Date to the Commitment Termination Date equal to its Pro Rata Share of the aggregate amount of the Borrowing Loans requested by a Borrower any Fund to be made on such day. The Commitment of each Bank and the outstanding principal amount of Loans (including Swing Loans) made by each Bank hereunder shall not exceed at any time the aggregate amount set forth on Schedule II (such amount as the same may be reduced under Section 2.5 or reduced or increased as a result of one or more assignments as permitted herein pursuant to Section 3.7 and Section 9.7herein, the Bank's "Commitment"); provided, however, that, after giving effect to any Borrowing, the aggregate principal amount of all outstanding Loans shall not at any time exceed the Commitment Amount; and provided, further, that (i) the aggregate principal amount of all Loans outstanding from time (after giving effect to time all amounts requested) to a Borrower any Fund shall not exceed at any time the Borrowing Base Maximum Amount for such Fund at such time and (ii) the relevant Borroweraggregate principal amount of all Loans outstanding to all Funds (after giving effect to all amounts requested) shall not exceed at any time the Aggregate Commitments. Within the limits of each Bank's Commitment, and subject to the other terms and conditions hereof, a Borrower Fund may borrow under this Section 2.1, repay under the terms hereof and reborrow under this Section 2.1.
Appears in 1 contract
Amounts and Terms of Commitments. (a) The Revolving Credit. Each Bank severally agrees, on the terms and conditions set forth herein, to make Loans to the Borrowers Company from time to time on any Business Day during the period from the Refinancing Closing Date to the Commitment Revolving Termination Date equal to its Pro Rata Share of the Date, in an aggregate amount of the Borrowing requested by a Borrower not to be made on such day. The Commitment of each Bank and the outstanding principal amount of Loans made by each Bank hereunder shall not exceed at any time outstanding, for the aggregate relevant period, the amount set forth opposite such Bank's name on Schedule II 2.1 under the heading "Commitment" (such amount amount, as the same may be reduced under Section 2.5 subsection 2.5(a) or as a result of one or more assignments as permitted herein pursuant to under Section 3.7 and Section 9.711.8, or increased under subsection 2.5(b), the Bank's "Commitment"); provided, however, provided that, after giving effect to any Borrowing, the aggregate principal amount of all outstanding Loans shall not at any time exceed the Commitment Amountcombined Commitments; and provided, further, that the aggregate principal amount of the Loans of any Bank plus the participation of such Bank in the Effective Amount of all L/C Obligations and the principal amount of all outstanding Swing Line Loans outstanding from time to time to a Borrower shall not exceed the Borrowing Base for the relevant Borrowerat any time such Bank's Commitment. Within the limits of each Bank's Commitment, and subject to the other terms and conditions hereof, a Borrower the Company may borrow under this subsection, prepay under Section 2.1, repay under the terms hereof 2.6 and reborrow under this Section 2.1subsection.
Appears in 1 contract
Samples: Credit Agreement (Dreyers Grand Ice Cream Holdings Inc)
Amounts and Terms of Commitments. Each Bank severally agrees, on the terms and conditions set forth herein, to make Committed Loans to the Borrowers Funds from time to time on any Business Day during the period from the Refinancing Closing Date to the Commitment Termination Date equal to its Pro Rata Share of the aggregate amount of the Borrowing requested by a Borrower any Fund to be made on such day. The Commitment of each Bank and the outstanding principal amount of Loans made by each Bank hereunder shall not exceed at any time the aggregate amount set forth on Schedule SCHEDULE II (such amount as the same may be reduced under Section SECTION 2.5 or as a result of one or more assignments as permitted herein pursuant to Section 3.7 and Section 9.7herein, the Bank's "CommitmentCOMMITMENT"); providedPROVIDED, howeverHOWEVER, that, after giving effect to any Borrowing, the aggregate principal amount of all outstanding Loans shall not at any time exceed the Commitment Amount; , and provided, further, PROVIDED that the aggregate principal amount of all Loans outstanding from time to time to a Borrower any Fund shall not exceed the Borrowing Base for the relevant Borrowersuch Fund. Within the limits of each Bank's Commitment, and subject to the other terms and conditions hereof, a Borrower Fund may borrow under this Section SECTION 2.1, repay under the terms hereof and reborrow under this Section SECTION 2.1.
Appears in 1 contract
Amounts and Terms of Commitments. Each Bank severally agrees, on the terms and conditions set forth herein, to make Loans loans to the Borrowers (each such loan, a "Committed Loan") from time to time on any Business Day during the period from the Refinancing Closing Date to the Commitment Termination Date equal Date, in an aggregate principal Dollar Equivalent amount not to its Pro Rata Share of the aggregate amount of the Borrowing requested by a Borrower to be made on such day. The Commitment of each Bank and the outstanding principal amount of Loans made by each Bank hereunder shall not exceed at any time outstanding the aggregate amount set forth on opposite the Bank's name in Schedule II 2.1 under the heading "Commitment" (such amount as the same may be reduced under pursuant to Section 2.5 2.8 or as a result of one or more assignments as permitted herein pursuant to Section 3.7 and Section 9.710.8, the Bank's "Commitment"); provided, however, that, after giving effect to any BorrowingBorrowing of Committed Loans, the aggregate principal Dollar Equivalent amount of all outstanding Loans shall not at any time exceed the Commitment Amountcombined Commitments; and provided, further, that in no event shall the aggregate principal amount Dollar Equivalent of all outstanding Committed Loans outstanding from time to time to a Borrower shall not of APSA exceed the Borrowing Base for lesser of (x) $80,000,000 and (y) the relevant Borrowercombined Commitments. Within the limits of each Bank's Commitment, and subject to the other terms and conditions hereof, a Borrower the Borrowers may borrow under this Section 2.1, repay under the terms hereof prepay pursuant to Section 2.9 and reborrow under pursuant to this Section 2.1.
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Amounts and Terms of Commitments. Each Bank severally agrees, on the terms and conditions set forth herein, to make Loans to the Borrowers Funds from time to time on any Business Day during the period from the Refinancing Closing Date to the Commitment Termination Date equal to its Pro Rata Share of the aggregate amount of the Borrowing requested by a Borrower any Fund to be made on such day. The Commitment of each Bank and the outstanding principal amount of Loans (including Swing Loans) made by each Bank hereunder shall not exceed at any time the aggregate amount set forth on Schedule II (such amount as the same may be reduced under Section 2.5 or as a result of one or more assignments as permitted herein pursuant to Section 3.7 and Section 9.7herein, the Bank's "Commitment"); provided, however, that, after giving effect to any Borrowing, the aggregate principal amount of all outstanding Loans shall not at any time exceed the Commitment Amount; , and provided, further, provided that the aggregate principal amount of all Loans outstanding from time to time to a Borrower any Fund shall not exceed the Borrowing Base for the relevant Borrowersuch Fund. Within the limits of each Bank's Commitment, and subject to the other terms and conditions hereof, a Borrower Fund may borrow under this Section 2.1, repay under the terms hereof and reborrow under this Section 2.1. Subject to the terms of Section 2.15, a Fund may request and BofA may make a Swing Loan to a Fund.
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Amounts and Terms of Commitments. Each Bank severally agrees, on the terms and conditions set forth herein, to make Loans loans to the Borrowers (each such loan, a "REVOLVING LOAN") from time to time on any Business Day during the period from the Refinancing Effective Date to the Commitment Revolving Termination Date equal to its Pro Rata Share of the Date, in an aggregate amount of the Borrowing requested by a Borrower not to be made on such day. The Commitment of each Bank and the outstanding principal amount of Loans made by each Bank hereunder shall not exceed at any time outstanding the aggregate amount set forth on Schedule II SCHEDULE 2.1 (such amount as the same may be reduced under Section SECTION 2.5 or as a result of one or more assignments as permitted herein pursuant to Section 3.7 and Section 9.7under SECTION 9.8, the Bank's "CommitmentCOMMITMENT"); providedPROVIDED, howeverHOWEVER, that, after giving effect to any BorrowingCommitted Borrowing of Revolving Loans, the aggregate principal amount of all outstanding Revolving Loans outstanding at such time, shall not at any time exceed the Commitment Amountcombined Commitments; and providedPROVIDED FURTHER, furtherthat, that after giving effect to such Committed Borrowing of Revolving Loans, the aggregate principal amount of all outstanding Revolving Loans outstanding from of any Bank at such time to time to a Borrower shall not at any time exceed the Borrowing Base for the relevant Borrowersuch Bank's Commitment. Within the limits of each Bank's Commitment, and subject to the other terms and conditions hereof, a Borrower the Borrowers may borrow under this Section SECTION 2.1, repay prepay under the terms hereof SECTION 2.6 and reborrow under this Section SECTION 2.1.
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Amounts and Terms of Commitments. Each Bank Committed Lender severally agrees, on the terms and conditions set forth herein, to make Loans to the Borrowers Borrower from time to time on any Business Day during the period from the Refinancing Closing Date to the Commitment Liquidity Termination Date equal Date, in an aggregate outstanding amount not to its Pro Rata Share of the aggregate amount of the Borrowing requested by a Borrower to be made on such day. The Commitment of each Bank and the outstanding principal amount of Loans made by each Bank hereunder shall not exceed at any time the aggregate amount set forth on Schedule II 4.1 (such amount as the same may be reduced under Section 2.5 4.6 or as a result of one or more assignments as permitted herein pursuant to under Section 3.7 and Section 9.713.8, the BankLender's "CommitmentCOMMITMENT"); providedPROVIDED, howeverHOWEVER, that, after giving effect to any Borrowing, the aggregate principal amount of all outstanding Loans Committed Borrowing shall not at any time exceed the Commitment AmountAggregate Unused Commitment; and provided, furtherFURTHER PROVIDED, that the aggregate principal amount of all Committed Loans outstanding from time to time to made by a Borrower Lender on any day shall not at any time exceed such Lender's Commitment minus such Lender's Percentage of the Borrowing Base for sum of (i) the relevant Borroweroutstanding principal amount of all Loans (other than Subject Bank Loans) and (ii) the Matured Value of all outstanding Advances (the Committed Lender's "UNUSED COMMITMENT"). Within the limits of each BankLender's Unused Commitment, and subject to the other terms and conditions hereof, a the Borrower may borrow under this Section 2.14.1, repay prepay under Section 4.7 and, prior to the terms hereof and Liquidity Termination Date, reborrow under this Section 2.14.1.
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Samples: Administration Agreement (Adc Telecommunications Inc)
Amounts and Terms of Commitments. (a) The Revolving Credit. Each Bank severally agrees, on the terms and conditions set forth herein, to make Loans loans to the Borrowers Borrower (each such loan, a "Revolving Loan") from time to time on any Business Day during the period from the Refinancing Closing Date to the Commitment Revolving Termination Date equal to its Pro Rata Share of the Date, in an aggregate amount of the Borrowing requested by a Borrower not to be made on such day. The Commitment of each Bank and the outstanding principal amount of Loans made by each Bank hereunder shall not exceed at any time outstanding the aggregate amount set forth opposite such Bank's name on Schedule II 1 under the heading "Revolving Commitment" (such amount amount, as the same may be reduced under Section 2.5 4.01 or reduced or increased as a result of one or more assignments as permitted herein pursuant to under Section 3.7 and Section 9.712.09, the such Bank's "Revolving Commitment"); provided, however, that, after giving effect to any BorrowingBorrowing of Revolving Loans, the aggregate principal amount of all outstanding Revolving Loans shall not at any time exceed the Commitment Amountcombined Revolving Commitments; and provided, further, provided further that no Borrowings of Revolving Loans shall be permitted hereunder at any time that any portion of the aggregate principal amount of all Loans outstanding from time to time to a Borrower shall not exceed the Borrowing Base for the relevant BorrowerMulti-Year Commitments remains unused. Within the limits of each Bank's Revolving Commitment, and subject to the other terms and conditions hereof, a the Borrower may borrow under this subsection 2.01(a), prepay under Section 2.1, repay under the terms hereof 4.03 and reborrow under this Section 2.1subsection 2.01(a).
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Amounts and Terms of Commitments. Each Bank Lender severally agrees, on the terms and conditions set forth herein, to make Loans loans to the Borrowers Borrower (each such loan, a "COMMITTED LOAN") from time to time on any Business Day during the period from the Refinancing Closing Date to the Commitment Termination Date equal to its Pro Rata Share of the Date, in an aggregate amount of the Borrowing requested by a Borrower not to be made on such day. The Commitment of each Bank and the outstanding principal amount of Loans made by each Bank hereunder shall not exceed at any time outstanding the aggregate amount set forth on Schedule II SCHEDULE 2.1 (such amount as the same may be reduced under Section 2.5 SECTION 2.7 or as a result of one or more assignments as permitted herein pursuant to Section 3.7 and Section 9.7under SECTION 12.8, the BankLender's "CommitmentCOMMITMENT"); providedPROVIDED, howeverHOWEVER, that, after giving effect to any Committed Borrowing, the aggregate principal amount of all outstanding Committed Loans together with the aggregate principal amount of all Bid Loans outstanding, shall not at any time exceed the Commitment Amountcombined Commitments; and provided, furtherFURTHER PROVIDED, that the aggregate principal amount of all Committed Loans outstanding from time to time to a Borrower of any Lender, shall not at any time exceed the Borrowing Base for the relevant Borrowersuch Lender's Commitment. Within the limits of each BankLender's Commitment, and subject to the other terms and conditions hereof, a the Borrower may borrow under this Section SECTION 2.1, repay prepay under the terms hereof SECTION 2.8 and reborrow under this Section SECTION 2.1.
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