Common use of Amounts and Terms of Commitments Clause in Contracts

Amounts and Terms of Commitments. Each Bank severally agrees, on the terms and conditions set forth herein, to make loans to the Company from time to time on any Business Day during the period from the Refinancing Date to the Revolving Termination Date, in an aggregate amount not to exceed at any time outstanding the amount set forth on SCHEDULE 2.1 (as such amount may be reduced under Section 2.7 or as a result of one or more assignments under Section 10.8, each Bank's "COMMITMENT"); PROVIDED, HOWEVER, that, after giving effect to any Committed Borrowing, the aggregate principal amount of all outstanding Loans shall not at any time exceed the lesser of (i) the combined Commitments or (ii) the Borrowing Base. Within the limits of each Bank's Commitment, and subject to the other terms and conditions hereof, the Company may borrow under this Section 2.1, prepay under Section 2.8 and reborrow under this Section 2.1; and PROVIDED FURTHER, that the Company shall not have Federal Funds Rate Committed Loans outstanding for 30 consecutive days or longer.

Appears in 2 contracts

Samples: Credit Agreement (Pilgrim America Prime Rate Trust), Credit Agreement (Ing Prime Rate Trust)

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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 Company from time to time on any Business Day during the period from the Refinancing Closing Date to to, but not including, the Revolving Termination Date, in an aggregate principal Dollar Equivalent amount not to exceed at any time outstanding the amount set forth on SCHEDULE 2.1 opposite the Bank's name in Schedule 2.01 under the heading "Commitment" (as such amount as the same may be reduced under pursuant to Section 2.7 2.06 or as a result of one or more assignments under pursuant to Section 10.811.08, each the Bank's "COMMITMENTCommitment"); PROVIDEDprovided, HOWEVERhowever, that, after giving effect to any Committed BorrowingBorrowing of Loans, the aggregate principal Dollar Equivalent amount of all outstanding Loans and L/C Obligations shall not at any time exceed the lesser of (i) the combined Commitments or (ii) the Borrowing BaseCommitments. Within the limits of each Bank's Commitment, and subject to the other terms and conditions hereof, the Company may borrow under this Section 2.12.01, prepay under pursuant to Section 2.8 2.07 and reborrow under pursuant to this Section 2.1; and PROVIDED FURTHER, that the Company shall not have Federal Funds Rate Committed Loans outstanding for 30 consecutive days or longer2.01.

Appears in 2 contracts

Samples: Credit Agreement (Payless Shoesource Inc), Multicurrency Credit Agreement (Payless Shoesource Holdings Inc)

Amounts and Terms of Commitments. Each Bank severally agrees, on the terms and conditions set forth herein, to make loans to the Company (each such loan, a "Loan") from time to time on any Business Day during the period from the Refinancing Closing Date to the Revolving Termination Date, in an aggregate amount not to exceed at any time outstanding, together with the principal amount of Loans outstanding in favor of such Bank at such time, the amount set forth next to such Bank's name on SCHEDULE Schedule 2.1 (such amount, as such amount the same may be reduced or increased under Section 2.7 2.5 or as a result of one or more assignments under Section 10.8, each the Bank's "COMMITMENTCommitment"); PROVIDEDprovided, HOWEVERhowever, that, after giving effect to any Committed Borrowing, the aggregate principal amount of all outstanding Loans shall not at any time exceed the lesser of (i) the combined Commitments or (ii) the Borrowing BaseCommitments. Within the limits of each Bank's Commitment, and subject to the other terms and conditions hereof, the Company may borrow under this Section 2.1, prepay under Section 2.8 2.6 and reborrow under this Section 2.1; and PROVIDED FURTHER, that the Company shall not have Federal Funds Rate Committed Loans outstanding for 30 consecutive days or longer.

Appears in 1 contract

Samples: Credit Agreement (Marcus Corp)

Amounts and Terms of Commitments. Each Bank Lender severally agrees, on the terms and conditions set forth hereinherein (including Section 2.9), to make loans to the Company Borrower (each such loan, a "Loan"; collectively, the "Loans") from time to time on any Business Day during the period from the Refinancing Closing Date to the Revolving Commitment Termination Date, Date in an aggregate amount not to exceed at any time outstanding the amount set forth specified for such Lender on SCHEDULE Schedule 2.1 (such amount, as such amount the same may be reduced under Section 2.7 2.4 or clause (d) of Section 2.6, or as a result of one or more assignments under Section 10.811.8, each Banksuch Lender's "COMMITMENTCommitment"); PROVIDEDprovided, HOWEVERhowever, that, after giving effect to any Committed BorrowingBorrowing of Loans, the aggregate principal amount of all outstanding Loans shall not at any time exceed the lesser of (i) the combined Commitments or (ii) the Borrowing BaseAvailable Commitment Amount. Within the limits of the Available Portion of each BankLender's Commitment, and subject to the other terms and conditions hereof, the Company Borrower may borrow under this Section 2.1, prepay repay under Section 2.8 2.5 and reborrow from time to time under this Section 2.1; and PROVIDED FURTHER, that the Company shall not have Federal Funds Rate Committed Loans outstanding for 30 consecutive days or longer.

Appears in 1 contract

Samples: Liquidity Facility (Evenflo & Spalding Holdings Corp)

Amounts and Terms of Commitments. Each Bank severally agrees, on the terms and conditions set forth herein, to make loans to the Company Borrowers (each such loan, a "Loan") from time to time on any Business Day during the period from the Refinancing Effective Date to the Revolving Termination Date, in an aggregate amount not to exceed at any time outstanding, together with the principal amount of Loans outstanding in favor of such Bank at such time, the amount set forth next to such Bank's name on SCHEDULE Schedule 2.1 (as such amount as the same may be reduced under Section 2.7 2.5 or as a result of one or more assignments under Section 10.813.8, each the Bank's -15- "COMMITMENTCommitment"); PROVIDEDprovided, HOWEVERhowever, that, after giving effect to any Committed Borrowing, the aggregate principal amount of all outstanding Loans shall not at any time exceed the lesser of (i) the combined Commitments or (ii) the Borrowing BaseCommitments. Within the limits of each Bank's Commitment, and subject to the other terms and conditions hereof, the Company Borrowers may borrow under this Section 2.1, prepay under Section 2.8 2.6 and reborrow under this Section 2.1; and PROVIDED FURTHER, that the Company shall not have Federal Funds Rate Committed Loans outstanding for 30 consecutive days or longer.

Appears in 1 contract

Samples: Credit Agreement (Phoenix Companies Inc/De)

Amounts and Terms of Commitments. Each Bank severally agrees, on and -------------------------------- subject to the terms and conditions set forth herein, to make loans Loans to the Company from time to time as requested by the Company in accordance with Sections 2.03 and 10.02 on any Business Day during the period from the Refinancing Closing Date to the Revolving Termination Date, in an aggregate amount not to exceed at any time outstanding the amount set forth opposite its name on SCHEDULE 2.1 Schedule 2.01 ------------- (such amount, as such amount the same may be reduced under Section 2.7 2.05 or as a result of one or more assignments under Section 10.810.08, each the Bank's "COMMITMENTCommitment"); PROVIDEDprovided, HOWEVER---------- -------- however, that, after giving effect to any Committed Borrowing, ------- the aggregate principal amount of all outstanding Loans to the Company shall not at any time exceed the lesser of (i) the combined Commitments or (ii) the Borrowing BaseCommitments. Within the limits of each Bank's Commitment, and subject to the other terms and conditions hereof, the Company may borrow under this Section 2.12.01, prepay under Section 2.8 2.06 and reborrow under this Section 2.1; and PROVIDED FURTHER, that the Company shall not have Federal Funds Rate Committed Loans outstanding for 30 consecutive days or longer2.01.

Appears in 1 contract

Samples: Credit Agreement (McKesson Corp)

Amounts and Terms of Commitments. (a) Each Bank severally agrees, on the terms and conditions set forth herein, to make loans to the Company (each such loan, a “Loan”) from time to time on any Business Day during the period from the Refinancing Closing Date to the Revolving Termination Date, in an aggregate amount not to exceed at any time outstanding, together with the principal amount of Loans outstanding in favor of such Bank at such time, the amount set forth next to such Bank’s name on SCHEDULE Schedule 2.1 (such amount, as such amount the same may be reduced or increased under Section 2.7 2.6 or as a result of one or more assignments under Section 10.8, each the Bank's "COMMITMENT"’s “Commitment”); PROVIDEDprovided, HOWEVERhowever, that, after giving effect to any Committed Borrowing, the aggregate principal amount of all outstanding Loans shall not at any time exceed the lesser of (i) the combined Commitments or (ii) the Borrowing BaseCommitments. Within the limits of each Bank's ’s Commitment, and subject to the other terms and conditions hereof, the Company may borrow under this Section 2.1, prepay under Section 2.8 2.7 and reborrow under this Section 2.1; and PROVIDED FURTHER, that the Company shall not have Federal Funds Rate Committed Loans outstanding for 30 consecutive days or longer.

Appears in 1 contract

Samples: Credit Agreement (Marcus Corp)

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 Loans in Dollars to the Company from time to time on any Business Day during the period from the Refinancing Closing Date to the Revolving Termination Date, in an aggregate principal amount not to exceed at any time outstanding the amount set forth on SCHEDULE 2.1 opposite the Bank's name in Schedule 2.01, (as such amount as the same may be reduced under pursuant to Section 2.7 2.05 or reduced or increased as a result of one or more assignments under pursuant to Section 10.810.08, each being herein referred to as a Bank's "COMMITMENTCommitment"); PROVIDED, HOWEVERprovided, that, after giving effect to any Committed Borrowing, the aggregate principal amount of all outstanding Loans shall not at any time exceed the lesser of (i) the combined Commitments or (ii) the Borrowing BaseAggregate Commitment. Within the limits of each Bank's Commitment, and subject to the other terms and conditions hereof, the Company may borrow under this Section 2.12.01, prepay under pursuant to Section 2.8 2.06 and reborrow under pursuant to this Section 2.1; and PROVIDED FURTHER, that the Company shall not have Federal Funds Rate Committed Loans outstanding for 30 consecutive days or longer2.01.

Appears in 1 contract

Samples: Seasonal Credit Agreement (Kmart Corp)

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Amounts and Terms of Commitments. Each Bank severally agrees, on and -------------------------------- subject to the terms and conditions set forth herein, to make loans Loans to the Company from time to time as requested by the Company in accordance with Sections 2.03 and 10.02 on any Business Day during the period from the Refinancing Closing Date to the Revolving Termination Date, in an aggregate amount not to exceed at any time outstanding the amount set forth opposite its name on SCHEDULE 2.1 Schedule 2.01 ------------- (such amount, as such amount the same may be reduced under Section 2.7 2.05 or as a result of one or more assignments under Section 10.810.08, each the Bank's "COMMITMENTCommitment"); PROVIDEDprovided, HOWEVER---------- -------- however, that, after giving effect to any Committed Borrowing, the aggregate principal ------- amount of all outstanding Loans to the Company shall not at any time exceed the lesser of (i) the combined Commitments or (ii) the Borrowing BaseCommitments. Within the limits of each Bank's Commitment, and subject to the other terms and conditions hereof, the Company may borrow under this Section 2.12.01, prepay under Section 2.8 2.06 and reborrow under this Section 2.1; and PROVIDED FURTHER, that the Company shall not have Federal Funds Rate Committed Loans outstanding for 30 consecutive days or longer2.01.

Appears in 1 contract

Samples: Credit Agreement (McKesson Corp)

Amounts and Terms of Commitments. Each Bank severally agrees, on the terms and conditions set forth herein, to make loans to the Company (each such loan, a "Loan") from time to time on any Business Day during the period from the Refinancing Closing Date to the Revolving Termination Date, in an aggregate amount not to exceed at any time outstanding, together with the principal amount of Loans outstanding in favor of such Bank at such time, the amount set forth next to such Bank's name on SCHEDULE Schedule 2.1 (as such amount as the same may be reduced under Section 2.7 2.5 or as a result of one or more assignments under Section 10.813.8, each the Bank's "COMMITMENTCommitment"); PROVIDEDprovided, HOWEVERhowever, that, after giving effect to any Committed Borrowing, the aggregate principal amount of all outstanding Loans shall not at any time exceed the lesser of (i) the combined Commitments or (ii) the Borrowing BaseCommitments. Within the limits of each Bank's Commitment, and subject to the other terms and conditions hereof, the Company may borrow under this Section 2.1, prepay under Section 2.8 2.6 and reborrow under this Section 2.1; and PROVIDED FURTHER, that the Company shall not have Federal Funds Rate Committed Loans outstanding for 30 consecutive days or longer.

Appears in 1 contract

Samples: Credit Agreement (Phoenix Companies Inc/De)

Amounts and Terms of Commitments. Each Bank severally agrees, on the terms and conditions set forth herein, to make loans to the Company (each such loan, a "Loan") from time to time on any Business Day during the period from the Refinancing Closing Date to the Revolving Termination Date, in an aggregate amount not to exceed at any time outstanding, together with the principal amount of Loans outstanding in favor of such Bank at such time, the amount set forth next to such Bank's name on SCHEDULE Schedule 2.1 (such amount, as such amount the same may be reduced under Section 2.7 2.5 or as a result of one or more assignments under Section 10.8, each the Bank's "COMMITMENTCommitment"); PROVIDEDprovided, HOWEVERhowever, that, after giving effect to any Committed Borrowing, the aggregate principal amount of all outstanding Loans shall not at any time exceed the lesser of (i) the combined Commitments or (ii) the Borrowing BaseCommitments. Within the limits of each Bank's Commitment, and subject to the other terms and conditions hereof, the Company may borrow under this Section 2.1, prepay under Section 2.8 2.6 and reborrow under this Section 2.1; and PROVIDED FURTHER, that the Company shall not have Federal Funds Rate Committed Loans outstanding for 30 consecutive days or longer.

Appears in 1 contract

Samples: Credit Agreement (Marcus Corp)

Amounts and Terms of Commitments. Each Bank severally agrees, on the terms and conditions set forth herein, to make loans to the 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 Revolving Termination Date, in an aggregate amount not to exceed at any time outstanding outstanding, together with the Bank's Pro Rata Share of the L/C Facility Commitment, the amount set forth on SCHEDULE Schedule 2.1 (as such amount as the same may be reduced under Section 2.7 2.5 or as a result of one or more assignments under Section 10.8, each the Bank's "COMMITMENTCommitment"); PROVIDEDprovided, HOWEVERhowever, that, after giving effect to any Committed BorrowingBorrowing of Revolving Loans, the aggregate principal amount of all outstanding Loans Revolving Loans, together with the L/C Facility Commitment, shall not at any time exceed the lesser of (i) the combined Commitments or (ii) the Borrowing BaseCommitments. Within the limits of each Bank's Commitment, and subject to the other terms and conditions hereof, the Company may borrow under this Section subsection 2.1, prepay under Section 2.8 2.6 and reborrow under this Section subsection 2.1; and PROVIDED FURTHER, that the Company shall not have Federal Funds Rate Committed Loans outstanding for 30 consecutive days or longer.

Appears in 1 contract

Samples: Credit Agreement (Specialty Equipment Companies Inc)

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