Amounts and Terms of Commitments. Each Lender severally agrees, on the terms and conditions set forth herein, to make loans to the 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 Effective Date to the Termination Date, in an aggregate principal Dollar Equivalent amount not to exceed at any time outstanding the amount set forth opposite such Lender’s name on Schedule 2.01 (such amount, as the same may be reduced under Section 2.07 or as a result of one or more assignments under Section 11.08, such Lender’s “Commitment”); provided that, after giving effect to any Borrowing of Revolving Loans, (a) the Effective Amount of all outstanding Loans and of all L/C Obligations, shall not exceed the Aggregate Commitment and (b) the Effective Amount of the Revolving Loans of any Lender plus the participation of such Lender in the Effective Amount of all L/C Obligations and such Lender’s Pro Rata Share of the Effective Amount of any outstanding Swing Line Loans shall not exceed such Lender’s Commitment; and provided further, that after giving effect to any Borrowing of Offshore Currency Loans, the sum of the Effective Amount of all outstanding Offshore Currency Loans plus the Effective Amount of all outstanding Swing Line Loans denominated in Offshore Currencies shall not exceed the Offshore Currency Loan Sublimit. Within the limits of each Revolving Lender’s Commitment, and subject to the other terms and conditions hereof, the Company may borrow under this Section 2.01, prepay under Section 2.08 and reborrow under this Section 2.01.
Appears in 2 contracts
Samples: Credit Agreement (Regis Corp), Credit Agreement (Regis Corp)
Amounts and Terms of Commitments. Each Lender Bank severally agrees, on the terms and conditions set forth herein, to make loans to the 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 Effective Closing Date to the Termination Date, in an aggregate principal Dollar Equivalent amount not to exceed at any time outstanding as to each Bank the amount set forth opposite such Lender’s name on Schedule 2.01 opposite such Bank's name under the heading "Revolving Loan Commitment Sublimit" (such amount, as the same may be reduced under Section Sections 2.05 or 2.07 or as a result of one or more assignments under Section 11.08, such Lender’s “Commitment”the Bank's "Revolving Loan Commitment Sublimit"); provided provided, however, that, after giving effect to any Borrowing of Revolving Loans, (ai) the Effective Amount of all outstanding Revolving Loans shall not at any time exceed the Combined Revolving Loan Commitment Sublimit; and (ii) the Effective Amount of all outstanding Revolving Loans and the Effective Amount of the U.S. Dollar Equivalent of all L/C Obligations, Obligations shall not at any time exceed the Aggregate Commitment Combined Commitments; and provided further, that (bi) the Effective Amount of the Revolving Loans of any Lender Bank shall not at any time exceed such Bank's Revolving Loan Commitment Sublimit and (ii) the Effective Amount of the Revolving Loans of any Bank plus the participation of such Lender Bank in the Effective Amount of the U.S. Dollar Equivalent of all L/C Obligations and such Lender’s Pro Rata Share of the Effective Amount of any outstanding Swing Line Loans shall not at any time exceed such Lender’s Bank's Commitment; and provided further, that after giving effect to any Borrowing of Offshore Currency Loans, the sum of the Effective Amount of all outstanding Offshore Currency Loans plus the Effective Amount of all outstanding Swing Line Loans denominated in Offshore Currencies shall not exceed the Offshore Currency Loan Sublimit. Within the limits of each Bank's Revolving Lender’s CommitmentLoan Commitment Sublimit, and subject to the other terms and conditions hereof, the Company may borrow with respect to Revolving Loans under this Section 2.012.01(b), prepay under Section 2.08 2.06 and reborrow with respect to Revolving Loans under this Section 2.012.01(b) until the Sublimit Termination Date.
Appears in 1 contract
Amounts and Terms of Commitments. (a) Each Lender severally agrees, on the terms and conditions set forth herein, to make loans to the Company denominated in Dollars or in an Offshore Currency (each such loan, a “Revolving Loan”"REVOLVING LOAN") from time to time on any Business Day during the period from the Effective Closing Date to the Revolving Termination Date, in an aggregate principal Dollar Equivalent amount not to exceed at any time outstanding the amount set forth opposite such Lender’s name on Schedule SCHEDULE 2.01 (such amount, as the same may be reduced under Section 2.07 SECTION 2.05 or as a result of one or more assignments under Section 11.08SECTION 10.08, such the Lender’s “Commitment”'s "REVOLVING LOAN COMMITMENT"); provided PROVIDED, HOWEVER, that, after giving effect to any Borrowing of Revolving Loans (exclusive of Revolving Loans which are repaid with the proceeds of, and simultaneously with the incurrence of, the respective incurrence of Revolving Loans), (a) the Effective Amount of all outstanding Revolving Loans, Swing Line Loans and of all L/C Obligations, shall not at any time exceed the Aggregate Commitment and (b) combined Revolving Loan Commitments; AND PROVIDED FURTHER, that the Effective Amount of the Revolving Loans of any Lender plus the participation of such Lender in the Effective Amount of all Swing Loan Loans and L/C Obligations and such Lender’s Pro Rata Share of the Effective Amount of any outstanding Swing Line Loans shall not at any time exceed such Lender’s Lendxx'x Xevolving Loan Commitment; and provided further, that after giving effect to any Borrowing of Offshore Currency Loans, the sum of the Effective Amount of all outstanding Offshore Currency Loans plus the Effective Amount of all outstanding Swing Line Loans denominated in Offshore Currencies shall not exceed the Offshore Currency Loan Sublimit. Within the limits of each Lender's Revolving Lender’s Loan Commitment, and subject to the other terms and conditions hereof, the Company may borrow under this Section 2.01SECTION 2.01(a), prepay under Section 2.08 SECTION 2.06 and reborrow under this Section 2.01SECTION 2.01(a).
Appears in 1 contract
Amounts and Terms of Commitments. (a) Each Lender severally agrees, on the terms and conditions set forth herein, to make loans to the Company denominated in Dollars or in an Offshore Currency Borrower (each such loan, a the “Revolving LoanLoans”) from time to time on any Business Day during the period from the Effective Closing Date to the Revolving Termination Date, in an aggregate principal Dollar Equivalent amount not to exceed at any time outstanding the amount set forth opposite such Lender’s name on Schedule 2.01 for such Lender (such amount, as the same may be reduced under Section 2.07 2.05 or as a result of one or more assignments under Section 11.08, such the Lender’s “Revolving Loan Commitment”); provided provided, however, that, after giving effect to any Borrowing of Revolving Loans (exclusive of Revolving Loans, (a) Swing Line Loans and L/C Obligations which are repaid with the proceeds of, and simultaneously with the incurrence of, the respective incurrence of Revolving Loans), the Effective Amount of all outstanding Revolving Loans, Swing Line Loans and of all L/C Obligations, shall not at any time exceed the Aggregate aggregate Revolving Loan Commitment set forth on Schedule 2.01, as such may be reduced under Section 2.05; and (b) provided further, that the Effective Amount of the Revolving Loans of any Lender plus the participation of such Lender in the Effective Amount of all Swing Loan Loans and L/C Obligations and such Lender’s Pro Rata Share of the Effective Amount of any outstanding Swing Line Loans shall not at any time exceed such Lender’s Revolving Loan Commitment; and provided further, that after giving effect to any Borrowing of Offshore Currency Loans, the sum of the Effective Amount of all outstanding Offshore Currency Loans plus the Effective Amount of all outstanding Swing Line Loans denominated in Offshore Currencies shall not exceed the Offshore Currency Loan Sublimit. Within the limits of each Revolving Lender’s Revolving Loan Commitment, and subject to the other terms and conditions hereof, the Company Borrower may borrow under this Section 2.012.01(a), prepay under Section 2.08 2.06 and reborrow under this Section 2.012.01(a).
Appears in 1 contract
Samples: Credit Agreement (CBIZ, Inc.)
Amounts and Terms of Commitments. (a) Each Lender severally agrees, on the terms and conditions set forth herein, to make loans to any of the Company denominated in Dollars or in an Offshore Currency Borrowers (each such loan, a “"Revolving Loan”") from time to time on any Business Day during the period from the Effective Closing Date to through the Revolving Termination Date, in an aggregate principal Dollar Equivalent amount not to exceed at any time outstanding the amount set forth opposite such Lender’s name on Schedule 2.01 (such amount, as the same may be reduced under Section 2.07 or as a result of one or more assignments under Section 11.08, such Lender’s “Commitment”); provided that, that after giving effect to any Borrowing of Revolving Loans, (a) the Effective Amount of all outstanding Loans and of all L/C Obligations, Aggregate Outstandings shall not exceed the Aggregate Commitment and (b) the Effective Amount of the Revolving Loans of any Lender plus the participation of such Lender in the Effective Amount of all L/C Obligations and such Lender’s Pro Rata Share of the Effective Amount of any outstanding Swing Line Loans shall not exceed such Lender’s CommitmentAmount; and provided provided, further, that after giving effect to any Borrowing of Offshore Currency Revolving Loans, the sum aggregate outstanding principal Dollar Equivalent amount of the Effective Amount Revolving Loans of all any Lender plus such Lender's Pro Rata Share of the aggregate outstanding Offshore Currency Loans plus the Effective Amount principal amount of all outstanding Swing Line Loans denominated plus (without duplication) the participation of such Lender in Offshore Currencies (or, in the case of the Issuing Lender, its unparticipated portion of) the Effective Amount of all L/C Obligations shall not exceed the Offshore Currency Loan Sublimitsuch Lender's Commitment. Within the limits of each Revolving Lender’s Commitmentforegoing limits, and subject to the other terms and conditions hereof, the Company Borrowers may borrow under this Section 2.012.1, prepay under Section 2.08 2.7 and reborrow under this Section 2.012.1; provided that no Borrower may borrow under this Section 2.1 after the Revolving Termination Date.
Appears in 1 contract
Amounts and Terms of Commitments. (a) Each Lender severally agrees, on the terms and conditions set forth herein, to make loans to the Company denominated in Dollars or in an Offshore Currency (each such loan, a “Revolving Loan”"REVOLVING LOAN") from time to time on any Business Day during the period from the Effective Closing Date to the Revolving Termination Date, in an aggregate principal Dollar Equivalent amount not to exceed at any time outstanding the amount total of the amounts set forth opposite such Lender’s name on Schedule SCHEDULE 2.01 (such total amount, as the same may be reduced under Section 2.07 SECTION 2.05 or as a result of one or more assignments under Section 11.08SECTION 10.08, such the Lender’s “Commitment”'s "REVOLVING LOAN COMMITMENT"); provided PROVIDED, however, that, after giving effect to any Borrowing of Revolving Loans (exclusive of Revolving Loans, (a) Swing Line Loans and L/C Obligations which are repaid with the proceeds of, and simultaneously with the incurrence of, the respective incurrence of Revolving Loans), the Effective Amount of all outstanding Revolving Loans, Swing Line Loans and of all L/C Obligations, shall not at any time exceed the Aggregate Commitment Maximum Revolver Amount; and (b) PROVIDED FURTHER, that the Effective Amount of the Revolving Loans of any Lender plus the participation of such Lender in the Effective Amount of all Swing Loan Loans and L/C Obligations and such Lender’s Pro Rata Share of the Effective Amount of any outstanding Swing Line Loans shall not at any time exceed such Lender’s 's Revolving Loan Commitment; and provided further, that after giving effect to any Borrowing of Offshore Currency Loans, the sum of the Effective Amount of all outstanding Offshore Currency Loans plus the Effective Amount of all outstanding Swing Line Loans denominated in Offshore Currencies shall not exceed the Offshore Currency Loan Sublimit. Within the limits of each Lender's Revolving Lender’s Loan Commitment, and subject to Availability at such time and the other terms and conditions hereof, the Company may borrow under this Section 2.01SECTION 2.01(a), prepay under Section 2.08 SECTION 2.06 and reborrow under this Section 2.01SECTION 2.01(a).
Appears in 1 contract
Amounts and Terms of Commitments. Each Lender severally agrees, on the terms and conditions set forth herein, to make loans to the Company denominated in Dollars or in an Offshore Currency (each such loan, a “Revolving Loan”"REVOLVING LOAN") from time to time on any Business Day during the period from the Effective Closing Date to the Termination Date, in an aggregate principal Dollar Equivalent amount not to exceed at any time outstanding the amount set forth opposite such Lender’s 's name on Schedule SCHEDULE 2.01 (such amount, as the same may be reduced under Section SECTION 2.07 or as a result of one or more assignments under Section SECTION 11.08, such the Lender’s “Commitment”'s "COMMITMENT"); provided PROVIDED, HOWEVER, that, after giving effect to any Borrowing of Revolving Loans, (a) the Effective Amount of all outstanding Loans and of all L/C Obligations, shall not at any time exceed the Aggregate Commitment and (b) 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 's Pro Rata Share of the Effective Amount of any outstanding Swing Line Loans shall not at any time exceed such Lender’s 's Commitment; and provided furtherPROVIDED, FURTHER, that after giving effect to any Borrowing of Offshore Currency Loans, the sum of the Effective Amount of all outstanding Offshore Currency Loans plus the Effective Amount of all outstanding Swing Line Loans denominated in Offshore Currencies shall not exceed the Offshore Currency Loan Sublimit. Within the limits of each Revolving Lender’s 's Commitment, and subject to the other terms and conditions hereof, the Company may borrow under this Section SECTION 2.01, prepay under Section SECTION 2.08 and reborrow under this Section SECTION 2.01.
Appears in 1 contract
Samples: Credit Agreement (Regis Corp)
Amounts and Terms of Commitments. (a) Each Lender severally agrees, on the terms and conditions set forth herein, to make loans to the Company denominated in Dollars or in an Offshore Currency (each such loan, a the “Revolving LoanLoans”) from time to time on any Business Day during the period from the Effective Closing Date to the Revolving Termination Date, in an aggregate principal Dollar Equivalent amount not to exceed at any time outstanding the amount set forth opposite such Lender’s name on Schedule 2.01 for such Lender (such amount, as the same may be reduced under Section 2.07 2.05 or as a result of one or more assignments under Section 11.08, such the Lender’s “Revolving Loan Commitment”); provided provided, however, that, after giving effect to any Borrowing of Revolving Loans (exclusive of Revolving Loans, (a) Swing Line Loans and L/C Obligations which are repaid with the proceeds of, and simultaneously with the incurrence of, the respective incurrence of Revolving Loans), the Effective Amount of all outstanding Revolving Loans, Swing Line Loans and of all L/C Obligations, shall not at any time exceed the Aggregate aggregate Revolving Loan Commitment set forth on Schedule 2.01, as such may be reduced under Section 2.05; and (b) provided further, that the Effective Amount of the Revolving Loans of any Lender plus the participation of such Lender in the Effective Amount of all Swing Loan Loans and L/C Obligations and such Lender’s Pro Rata Share of the Effective Amount of any outstanding Swing Line Loans shall not at any time exceed such Lender’s Revolving Loan Commitment; and provided further, that after giving effect to any Borrowing of Offshore Currency Loans, the sum of the Effective Amount of all outstanding Offshore Currency Loans plus the Effective Amount of all outstanding Swing Line Loans denominated in Offshore Currencies shall not exceed the Offshore Currency Loan Sublimit. Within the limits of each Revolving Lender’s Revolving Loan Commitment, and subject to the other terms and conditions hereof, the Company may borrow under this Section 2.012.01(a), prepay under Section 2.08 2.06 and reborrow under this Section 2.012.01(a).
Appears in 1 contract
Samples: Credit Agreement (CBIZ, Inc.)
Amounts and Terms of Commitments. (a) The Facility A Revolving Credit. Each Lender Bank severally agrees, on the terms and conditions set forth herein, to make loans to the Company denominated in Dollars or in an Offshore Currency (each such loan, a “"Facility A Revolving Loan”") from time to time on any Business Day during the period from the Effective Closing Date to the Facility A Revolving Termination Date, in an aggregate principal Dollar Equivalent amount not to exceed at any time outstanding the amount set forth opposite such Lender’s Bank's name on Schedule 2.01 2.1 (such amount, amount as the same may be reduced under Section 2.07 2.5 or as a result of one or more assignments under Section 11.0811.8, such Lender’s “the Bank's "Facility A Commitment”"); provided provided, however, that, after giving effect to any Borrowing of Facility A Revolving Loans, (ai) the Effective Amount of all outstanding Facility A Revolving Loans and the Effective Amount of all L/C Obligations, Obligations shall not at any time exceed the Aggregate Commitment combined Facility A Commitments, and (bii) the Effective Amount of the Facility A Revolving Loans of any Lender Bank plus the participation of such Lender Bank in the Effective Amount of all L/C Obligations and such Lender’s Pro Rata Share of the Effective Amount of any outstanding Swing Line Loans shall not at any time exceed such Lender’s Bank's Facility A Commitment; and provided further, that after giving effect to any Borrowing of Offshore Currency Loans, the sum of the Effective Amount of all outstanding Offshore Currency Loans plus the Effective Amount of all outstanding Swing Line Loans denominated in Offshore Currencies shall not exceed the Offshore Currency Loan Sublimit. Within the limits of each Revolving Lender’s Bank's Facility A Commitment, and subject to the other terms and conditions hereof, the Company may borrow under this Section 2.01subsection 2.1(a), prepay under Section 2.08 2.6 and reborrow under this subsection 2.1(a). (b) The Facility B Revolving Credit. Each Bank severally agrees, on the terms and conditions set forth herein, to make loans to the Company (each such loan, a "Facility B Revolving Loan") from time to time on any Business Day during the period from the Closing Date to the Facility B Revolving Termination Date, in an aggregate amount not to exceed at any time outstanding the amount set forth opposite such Bank's name on Schedule 2.1 (such amount as the same may be reduced by the last sentence of this subsection, by Section 2.01.2.5, or as a result of one or more assignments under Section 11.8, the Bank's "Facility B Commitment"); provided, however, that, after giving effect to any Borrowing of Facility B Revolving Loans, (i) the Effective Amount of all outstanding Facility B Revolving Loans shall not at any time exceed the combined Facility B Commitments, and (ii) the Effective Amount of the Facility B Revolving Loans of any Bank shall not at any time exceed such Bank's Facility B Commitment. Within the limits of each Bank's Facility B Commitment, and subject to the other terms and conditions hereof, the Company may borrow under this subsection 2.1(b), prepay under Section 2.6 and reborrow under this subsection 2.1(b). Notwithstanding anything contained in this subsection 2.1(b), (a) the Effective Amount of Facility B Revolving Loans shall not exceed $30,000,000.00 unless and until all conditions precedent in Section 5.2 are satisfied, and (b) if the Contico Acquisition does not occur on or before February 26, 1999, as of February 26, 1999 the Facility B Revolving Credit shall be permanently reduced to $30,000,000.00. 2.2
Appears in 1 contract
Amounts and Terms of Commitments. (a) Each Lender severally agrees, on the terms and conditions set forth herein, to make loans to the Company denominated in Dollars or in an Offshore Currency Borrower (each such loan, a the “Revolving LoanLoans”) from time to time on any Business Day during the period from the Effective Restatement Date to the Revolving Termination Date, in an aggregate principal Dollar Equivalent amount not to exceed at any time outstanding the amount set forth opposite such Lender’s name on Schedule 2.01 for such Lender (such amount, as the same may be (x) reduced under Section 2.07 2.05 or as a result of one or more assignments under Section 11.08 or (y) increased under Section 2.17 or as a result of one or more assignments under Section 11.08, such the Lender’s “Revolving Loan Commitment”); provided provided, however, that, after giving effect to any Borrowing of Revolving Loans (exclusive of Revolving Loans, (a) Swing Line Loans and L/C Obligations which are repaid with the proceeds of, and simultaneously with the incurrence of, the respective incurrence of Revolving Loans), the Effective Amount of all outstanding Revolving Loans, Swing Line Loans and of all L/C Obligations, shall not at any time exceed the Aggregate aggregate Revolving Loan Commitment set forth on Schedule 2.01, as such may be reduced under Section 2.05; and (b) provided further, that the Effective Amount of the Revolving Loans of any Lender plus the participation of such Lender in the Effective Amount of all Swing Line Loans and L/C Obligations and such Lender’s Pro Rata Share of the Effective Amount of any outstanding Swing Line Loans shall not at any time exceed such Lender’s Revolving Loan Commitment; and provided further, that after giving effect to any Borrowing of Offshore Currency Loans, the sum of the Effective Amount of all outstanding Offshore Currency Loans plus the Effective Amount of all outstanding Swing Line Loans denominated in Offshore Currencies shall not exceed the Offshore Currency Loan Sublimit. Within the limits of each Revolving Lender’s Revolving Loan Commitment, and subject to the other terms and conditions hereof, the Company Borrower may borrow under this Section 2.012.01(a), prepay under Section 2.08 2.06 and reborrow under this Section 2.012.01(a).
Appears in 1 contract
Samples: Credit Agreement (CBIZ, Inc.)
Amounts and Terms of Commitments. (a) Each Lender Bank severally agrees, on the terms and conditions set forth herein, to make loans to the Company denominated in Dollars or in an Offshore Currency (each such loan, a “Revolving Loan”"TRANCHE A REVOLVING LOAN") from time to time on any Business Day during the period from the Effective Closing Date to the Tranche A Revolving Termination Date, in an aggregate principal Dollar Equivalent amount not to exceed at any time outstanding the amount set forth opposite such Lender’s name on Schedule SCHEDULE 2.01 (such amount, amount as the same may be reduced under Section 2.07 2.05 or as a result of one or more assignments under Section 11.08, such Lender’s “Commitment”the Bank's "TRANCHE A COMMITMENT"); provided thatPROVIDED, HOWEVER that after giving effect to any Borrowing of Tranche A Revolving Loans, (ai) the Effective Amount of all outstanding Tranche A Revolving Loans and the Effective Amount of all L/C Obligations, Obligations shall not at any time exceed the Aggregate Commitment combined Tranche A Commitments and (bii) the Effective Amount of the all outstanding Tranche A Revolving Loans of any Lender Bank plus the participation of such Lender Bank in the Effective Amount of all L/C Obligations and such Lender’s Pro Rata Share of the Effective Amount of any outstanding Swing Line Loans shall not at any time exceed such Lender’s Commitment; and provided further, that after giving effect to any Borrowing of Offshore Currency Loans, the sum of the Effective Amount of all outstanding Offshore Currency Loans plus the Effective Amount of all outstanding Swing Line Loans denominated in Offshore Currencies shall not exceed the Offshore Currency Loan SublimitBank's Tranche A Commitments. Within the limits of each Revolving Lender’s Bank's Tranche A Commitment, and subject to the other terms and conditions hereof, the Company may borrow under this Section 2.01, prepay under Section 2.08 2.06 and reborrow under this Section 2.01.
Appears in 1 contract
Amounts and Terms of Commitments. Each Lender severally agrees, on Subject to the terms and conditions set forth herein, each Lender severally agrees to make loans to the Company denominated in Dollars or in an Offshore Currency (each such loan, a “Revolving Loan”"REVOLVING LOAN") to the Borrower from time to time on any Business Day during the period from the Effective Date to the Revolving Loan Termination Date, in an aggregate principal Dollar Equivalent amount not to exceed at any time outstanding the amount set forth opposite on SCHEDULE 2.01 with respect to such Lender’s name on Schedule 2.01 Lender (such amount, as the same may be reduced or increased under Section SECTION 2.07 or reduced as a result of one or more assignments under Section 11.08SECTION 10.07, such Lender’s “Commitment”'s "REVOLVING LOAN COMMITMENT"); provided thatprovided, after giving effect to any Borrowing of Revolving Loans, (a) the Effective Amount of all outstanding Loans and of all L/C Obligations, shall not exceed the Aggregate Commitment and (b) the Effective Amount of the Revolving Loans of any Lender plus the participation of such Lender in the Effective Amount of all L/C Obligations and such Lender’s Pro Rata Share of the Effective Amount of any outstanding Swing Line Loans shall not exceed such Lender’s Commitment; and provided furtherhowever, that after giving effect to any Borrowing of Offshore Currency LoansRevolving Borrowing, (i) the sum of the Effective Amount of all outstanding Offshore Currency Loans plus the Effective Amount of all outstanding Swing Line Loans denominated in Offshore Currencies Outstanding Revolving Credit Obligations shall not exceed the Offshore Currency combined Revolving Loan SublimitCommitments, and (ii) no Revolving Lender's Pro Rata Share of the Outstanding Revolving Credit Obligations shall exceed such Lender's Revolving Loan Commitment. Within the limits of each Lender's Revolving Lender’s Loan Commitment, and subject to the other terms and conditions hereof, the Company Borrower may borrow under this Section SECTION 2.01, prepay under Section 2.08 SECTION 2.05, and reborrow under this Section SECTION 2.01. Revolving Loans may be Base Rate Loans or Eurodollar Rate Loans, as further provided herein.
Appears in 1 contract
Amounts and Terms of Commitments. (a) Each Lender severally agrees, on the terms and conditions set forth herein, to make loans to the Company denominated (together with all "Revolving Loans" owing to such Lender on the Closing Date pursuant to and as defined in Dollars or in an Offshore Currency (each such loanthe Original Credit Agreement, a “the "Revolving Loan”Loans") from time to time on any Business Day during the period from the Effective Closing Date to the Revolving Termination Date, in an aggregate principal Dollar Equivalent amount not to exceed at any time outstanding the amount total of the amounts set forth opposite such Lender’s name on Schedule 2.01 (such total amount, as the same may be reduced under Section 2.07 2.05 or as a result of one or more assignments under Section 11.0810.08, such the Lender’s “'s "Revolving Loan Commitment”"); provided provided, however, that, after giving effect to any Borrowing of Revolving Loans (exclusive of Revolving Loans, (a) Swing Line Loans and L/C Obligations which are repaid with the proceeds of, and simultaneously with the incurrence of, the respective incurrence of Revolving Loans), the Effective Amount of all outstanding Revolving Loans, Swing Line Loans and of all L/C Obligations, shall not at any time exceed the Aggregate Commitment aggregate Revolving Loan Commitment; and (b) provided further, that the Effective Amount of the Revolving Loans of any Lender plus the participation of such Lender in the Effective Amount of all Swing Loan Loans and L/C Obligations and such Lender’s Pro Rata Share of the Effective Amount of any outstanding Swing Line Loans shall not at any time exceed such Lender’s Xxxxxx's Revolving Loan Commitment; and provided further, that after giving effect to any Borrowing of Offshore Currency Loans, the sum of the Effective Amount of all outstanding Offshore Currency Loans plus the Effective Amount of all outstanding Swing Line Loans denominated in Offshore Currencies shall not exceed the Offshore Currency Loan Sublimit. Within the limits of each Lender's Revolving Lender’s Loan Commitment, and subject to the other terms and conditions hereof, the Company may borrow under this Section 2.012.01(a), prepay under Section 2.08 2.06 and reborrow under this Section 2.012.01(a). Upon the satisfaction of each of conditions set forth in Section 5.01, all "Revolving Loans" owing to the Existing Lenders, on the Closing Date under and as defined in the Original Credit Agreement shall thereupon constitute Revolving Loans hereunder subject to the terms of this Agreement.
Appears in 1 contract
Amounts and Terms of Commitments. Each Lender severally agrees, on the terms and conditions set forth herein, to make loans to the 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 Effective Date to the Termination Date, in an aggregate principal Dollar Equivalent amount not to exceed at any time outstanding the amount set forth opposite such Lender’s 's name on Schedule 2.01 (such amount, as the same may be reduced under Section 2.07 or as a result of one or more assignments under Section 11.08, such Lender’s “'s "Commitment”"); provided that, after giving effect to any Borrowing of Revolving Loans, (a) the Effective Amount of all outstanding Loans and of all L/C Obligations, shall not at any time exceed the Aggregate Commitment and (b) 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 's Pro Rata Share of the Effective Amount of any outstanding Swing Line Loans shall not at any time exceed such Lender’s 's Commitment; and provided further, that after giving effect to any Borrowing of Offshore Currency Loans, the sum of the Effective Amount of all outstanding Offshore Currency Loans plus the Effective Amount of all outstanding Swing Line Loans denominated in Additional Offshore Currencies shall not exceed the Offshore Currency Loan Sublimit. Within the limits of each Revolving Lender’s 's Commitment, and subject to the other terms and conditions hereof, the Company may borrow under this Section 2.01, prepay under Section 2.08 and reborrow under this Section 2.01.
Appears in 1 contract
Samples: Credit Agreement (Regis Corp)
Amounts and Terms of Commitments. (a) The Tranche A -------------------------------- -------------- Term Credit. Each Lender severally agrees, on the terms and ----------- conditions set forth herein, to make loans a single loan to the Company denominated in Dollars or in an Offshore Currency (each such loan, a “Revolving "Tranche A Term Loan”") from time to time on any Business Day during the period from the Effective Closing Date to the Termination Date, in an aggregate principal Dollar Equivalent amount ------------------- not to exceed at any time outstanding the amount set forth opposite such Lender’s 's name on Schedule 2.01 under the heading "Tranche A Term Commitment" (such ------------- amount, as the same may be reduced under Section 2.07 2.05 or Section 2.08 or reduced or increased as a result of one or more assignments under Section 11.08, such Lender’s “'s "Tranche A Term Commitment”"); provided that------------------------- provided, after giving effect to any Borrowing of Revolving Loans, (a) the Effective Amount of all outstanding Loans and of all L/C Obligations, shall not exceed the Aggregate Commitment and (b) the Effective Amount of the Revolving Loans of any Lender plus the participation of such Lender in the Effective Amount of all L/C Obligations and such Lender’s Pro Rata Share of the Effective Amount of any outstanding Swing Line Loans shall not exceed such Lender’s Commitment; and provided furtherhowever, that after giving effect to any Borrowing of Offshore Currency -------- ------- Tranche A Term Loans, (i) the sum Effective Amount of Tranche A Term Loans of such Lender shall not exceed its Tranche A Term Commitment; and (ii) the Effective Amount of all outstanding Offshore Currency Revolving Loans plus the ---- Effective Amount of all Swingline Loans plus the Effective Amount of ---- all L/C Obligations plus the Effective Amount of all outstanding Swing Line Term ---- Loans denominated in Offshore Currencies shall not exceed the Offshore Currency Loan SublimitAggregate Commitment. Within the limits of each Revolving Lender’s Commitment, and subject to the other terms and conditions hereof, Amounts borrowed as Tranche A Term Loans which are repaid or prepaid by the Company may borrow under this Section 2.01, prepay under Section 2.08 and reborrow under this Section 2.01not be reborrowed.
Appears in 1 contract
Samples: Credit Agreement (Mail Well Inc)
Amounts and Terms of Commitments. (a) The Facility A Revolving Credit. Each Lender Bank severally agrees, on the terms and conditions set forth herein, to make loans to the Company denominated in Dollars or in an Offshore Currency (each such loan, a “"Facility A Revolving Loan”") from time to time on any Business Day during the period from the Effective Closing Date to the Facility A Revolving Termination Date, in an aggregate principal Dollar Equivalent amount not to exceed at any time outstanding the amount set forth opposite such Lender’s Bank's name on Schedule 2.01 2.1 (such amount, amount as the same may be reduced under Section 2.07 2.5 or as a result of one or more assignments under Section 11.0811.8, such Lender’s “the Bank's "Facility A Commitment”"); provided provided, however, that, after giving effect to any Borrowing of Facility A Revolving Loans, (ai) the Effective Amount of all outstanding Facility A Revolving Loans and the Effective Amount of all L/C Obligations, Obligations shall not at any time exceed the Aggregate Commitment combined Facility A Commitments, and (bii) the Effective Amount of the Facility A Revolving Loans of any Lender Bank plus the participation of such Lender Bank in the Effective Amount of all L/C Obligations and such Lender’s Pro Rata Share of the Effective Amount of any outstanding Swing Line Loans shall not at any time exceed such Lender’s Bank's Facility A Commitment; and provided further, that after giving effect to any Borrowing of Offshore Currency Loans, the sum of the Effective Amount of all outstanding Offshore Currency Loans plus the Effective Amount of all outstanding Swing Line Loans denominated in Offshore Currencies shall not exceed the Offshore Currency Loan Sublimit. Within the limits of each Revolving Lender’s Bank's Facility A Commitment, and subject to the other terms and conditions hereof, the Company may borrow under this Section 2.01subsection 2.1(a), prepay under Section 2.08 2.6 and reborrow under this Section 2.01subsection 2.1(a).
Appears in 1 contract
Amounts and Terms of Commitments. Each Revolving Lender severally agrees, on the terms and conditions set forth herein, to make loans to the Company or to the Mexican Borrower denominated in Dollars or in an Offshore Currency (each such loan, a “Revolving Loan”"REVOLVING LOAN") from time to time on any Business Day during the period from the Effective Closing Date to the Termination Date, in an aggregate principal Dollar Equivalent amount not to exceed at any time outstanding the amount set forth opposite such Lender’s 's name on Schedule SCHEDULE 2.01 (such amount, as the same may be reduced under Section 2.07 SECTION 2.09 or as a result of one or more assignments under Section SECTION 11.08, such the Lender’s “Commitment”'s "COMMITMENT"); provided PROVIDED, HOWEVER, that, after giving effect to any Borrowing of Revolving Loans (exclusive of Revolving Loans which are repaid with the proceeds of, and simultaneously with the incurrence of, the respective incurrence of Revolving Loans), (a) the Effective Amount of all outstanding Loans and the Effective Amount of all L/C Obligations, Obligations shall not at any time exceed the Aggregate Commitment combined Commitments (and (b) the Effective Amount of the Revolving Loans of any Lender plus such Revolving Lender's Pro Rata Share of the Effective Amount of all Canadian Revolving Loans plus the participation of such Lender in the Effective Amount of all L/C Obligations and such Lender’s Pro Rata Share of the Effective Amount of any outstanding Swing Line Loans shall not at any time exceed such Lender’s 's Commitment); and provided furtherPROVIDED FURTHER that, that after giving effect to any Borrowing borrowing of Offshore Currency Loans, the sum of the Effective Amount of all outstanding Offshore Currency Loans plus the Effective Amount of all outstanding Swing Line Loans L/C Obligations denominated in an Offshore Currencies Currency shall not exceed the Offshore Currency Loan Sublimit; AND PROVIDED FURTHER that the Mexican Borrower shall only be permitted to make borrowings of Revolving Loans denominated in Dollars not exceeding the Mexican Subsidiary Loan Sublimit. Within the limits of each Revolving Lender’s 's Commitment, and subject to the other terms and conditions hereof, the Company Borrowers may borrow under this Section SECTION 2.01, prepay under Section 2.08 SECTION 2.09, and reborrow under this Section SECTION 2.01.
Appears in 1 contract