Amounts. Subject to the satisfaction of the conditions precedent set forth in Article 8, each Lender severally, but not jointly, agrees, upon the Borrowers’ Agent’s request from time to time on any Business Day during the period from the Closing Date to the Termination Date, to make revolving loans (the “Revolving Loans”) to the Borrowers on a joint and several basis in amounts not to exceed such Lender’s Pro Rata Share of Availability, except for Non-Ratable Loans and Agent Advances. The Lenders, however, in their unanimous discretion, may elect to make Revolving Loans or issue or arrange to have issued Letters of Credit in excess of the Borrowing Base on one or more occasions, but if they do so, neither the Administrative Agent nor the Lenders shall be deemed thereby to have changed the limits of the Borrowing Base or to be obligated to exceed such limits on any other occasion. If the Aggregate Revolver Outstandings would exceed Availability after giving effect to any Borrowing, the Lenders may refuse to make or may otherwise restrict the making of Revolving Loans as the Lenders determine until such excess has been eliminated, subject to the Administrative Agent’s authority, in its sole discretion, to make Agent Advances pursuant to the terms of Section 1.2(i).
Appears in 2 contracts
Samples: Credit Agreement (Kforce Inc), Credit Agreement (Kforce Inc)
Amounts. (i) Subject to the satisfaction of all of the terms and conditions precedent set forth in Article 8of this Agreement, each Lender severally, but not jointly, agrees, upon the Borrowers’ Agent’s request of a Borrower (or Administrative Borrower on behalf of such Borrower) from time to time on any Business Day during the period from the Closing Date to the Termination Date, to make revolving loans (the “Revolving Loans”) to the Borrowers on a joint and several basis in amounts not to exceed such Lender’s Pro Rata Share of Availability. In addition to the Agent’s rights under Section 1.2(i), except for Non-Ratable Loans and Agent Advances. The the Lenders, however, in their unanimous discretion, may elect to make Revolving Loans or issue or arrange to have issued Letters of Credit in excess of the Borrowing Base on one or more occasions, but if they do so, neither the Administrative Agent nor the Lenders shall be deemed thereby to have changed the limits of the Borrowing Base or to be obligated to exceed such limits on any other occasion. If the Aggregate Revolver Outstandings any Borrowing would exceed Availability after giving effect to any BorrowingAvailability, the Lenders may refuse to make or may otherwise restrict the making of Revolving Loans as the Lenders determine until such excess has been eliminated, subject to the Administrative Agent’s authority, in its sole discretion, authority to make Agent Advances pursuant in accordance with and subject to the terms of Section 1.2(i).
Appears in 1 contract
Samples: Credit Agreement (Saks Inc)
Amounts. Subject to the satisfaction of the conditions ------- precedent set forth in Article 8, each Lender severally, but not jointly, agrees, upon the Borrowers’ Agent’s Borrower's request from time to time on any Business Day during the period from the Closing Date to the Termination Date, to make revolving loans (the “"Revolving Loans”") to the Borrowers on a joint and several basis Borrower in amounts not to exceed such Lender’s 's Pro Rata Share of Availability, except for Non-Ratable Loans and as set forth herein with respect to Agent Advances. The Lenders, however, in their unanimous discretion, may elect to make Revolving Loans or issue or arrange to have issued Letters of Credit in excess of the Borrowing Base but not in excess of the Maximum Revolver Amount on one or more occasions, but if they do so, neither the Administrative Agent nor the Lenders shall be deemed thereby to have changed the limits of the Borrowing Base or to be obligated to exceed such limits on any other occasion. If the Aggregate Revolver Outstandings any Borrowing would exceed Availability after giving effect to any BorrowingAvailability, the Lenders may refuse to make or may otherwise restrict the making of Revolving Loans as the Lenders determine until such excess has been eliminated, subject to the Administrative Agent’s 's authority, in its sole discretion, to make Agent Advances pursuant to the terms of Section 1.2(i1.2(g).
Appears in 1 contract
Samples: Credit Agreement (Coorstek Inc)
Amounts. Subject to the satisfaction of the conditions precedent set forth in Article ARTICLE 8, each Lender severally, but not jointly, agrees, upon the Borrowers’ Agent’s LS&Co's request from time to time on any Business Day during the period from the Closing Date to the Termination Date, to make revolving loans (the “Revolving Loans”"REVOLVING LOANS") to the Borrowers on a joint and several basis Borrower designated by LS&Co in amounts not to exceed such Lender’s 's Pro Rata Share of Availability, except for Non-Ratable Loans and Agent Advances. The Lenders, however, in their unanimous discretion, may elect to make Revolving Loans or issue or arrange to have issued Letters of Credit in excess of the Borrowing Base on one or more occasions, but if they do so, neither the Administrative Agent nor the Lenders shall be deemed thereby to have changed the limits of the Borrowing Base or to be obligated to exceed such limits on any other occasion. If the Aggregate Revolver Outstandings would exceed Availability after giving effect to any Borrowing, the Lenders may refuse to make or may otherwise restrict the making of Revolving Loans as the Lenders determine until such excess has been eliminated, subject to the Administrative Agent’s 's authority, in its sole discretion, to make Agent Advances pursuant to the terms of Section 1.2(iSECTION 1.2(I). Notwithstanding anything to the contrary herein, in no case shall the Aggregate Revolver Outstandings at any time exceed the Maximum Revolver Amount.
Appears in 1 contract
Samples: Credit Agreement (Levi Strauss & Co)
Amounts. Subject to the satisfaction of the conditions precedent set forth in Article 810, each Lender severally, but not jointly, agrees, upon the Borrowers’ Agent’s a Borrower's request from time to time on any Business Day during the period from the Closing Date to the Termination Date, to make revolving loans (the “"Revolving Loans”") to the Borrowers on a joint and several basis in amounts not to exceed (except for the Bank with respect to Non-Ratable Loans or for the Agent with respect to Agent Advances) such Lender’s 's Pro Rata Share of Availability, except for Non-Ratable Loans and Agent Advancesthe Borrowing Base. The Lenders, however, in their unanimous discretion, may elect to make Revolving Loans or issue or arrange to have issued Letters of Credit in excess of the Borrowing Base Availability on one or more occasions, but if they do so, neither the Administrative Agent nor the Lenders shall be deemed thereby to have changed the limits of the Borrowing Base or to be obligated to exceed such limits on any other occasion. If the Aggregate Revolver Outstandings would exceed Availability after giving effect to any Borrowingthe Borrowing Base, the Lenders may refuse to make or may otherwise restrict the making of Revolving Loans as the Lenders determine until such excess has been eliminated, subject to the Administrative Agent’s 's authority, in its sole discretion, to make Agent Advances pursuant to the terms of Section 1.2(i2.2(i).
Appears in 1 contract
Samples: Loan and Security Agreement (Parker Drilling Co /De/)
Amounts. (i) Subject to the satisfaction of all of the terms and conditions precedent set forth in Article 8of this Agreement, each Lender severally, but not jointly, agrees, upon the Borrowers’ AgentBorrower’s request from time to time on any Business Day during the period from the Closing Date to the Termination Date, to make revolving loans (the “Revolving Loans”) to the Borrowers on a joint and several basis Borrower in amounts not to exceed such Lender’s Pro Rata Share of Availability, except for Non-Ratable Loans and Agent Advances. The In addition to the Agent’s rights under Section 1.2(i), the Lenders, however, in their unanimous discretion, may elect to make Revolving Loans or issue or arrange to have issued Letters of Credit in excess of the Borrowing Base on one or more occasions, but if they do so, neither the Administrative Agent nor the Lenders shall be deemed thereby to have changed the limits of the Borrowing Base or to be obligated to exceed such limits on any other occasion. If the Aggregate Revolver Outstandings any Borrowing would exceed Availability after giving effect to any BorrowingAvailability, the Lenders may refuse to make or may otherwise restrict the making of Revolving Loans as the Lenders determine until such excess has been eliminated, subject to the Administrative Agent’s authority, in its sole discretion, authority to make Agent Advances pursuant in accordance with and subject to the terms of Section 1.2(i).
Appears in 1 contract
Samples: Credit Agreement (Saks Inc)
Amounts. Subject to the satisfaction of the conditions precedent set forth in Article 8, each Lender severally, but not jointly, agrees, upon the Borrowers’ Agent’s Borrower's request from time to time on any Business Day during the period from the Closing Date to the Termination Date, to make revolving loans (the “"Revolving Loans”") to the Borrowers on a joint and several basis Borrower in amounts not to exceed such Lender’s 's Pro Rata Share of the Availability, except for Non-Ratable Loans and Agent Advances. The Lenders, however, in their unanimous discretion, may elect to make Revolving Loans or issue or arrange to have issued Letters of Credit or Credit Support in excess of the Borrowing Base on one or more occasions, but if they do so, neither the Administrative Agent nor the Lenders shall be deemed thereby to have changed the limits of the Borrowing Base or to be obligated to exceed such limits on any other occasion. If any requested Borrowing exceeds the Aggregate Revolver Outstandings would exceed Availability after giving effect (as determined prior to any such Borrowing), then the Lenders may refuse to make or may otherwise restrict the making of Revolving Loans as and the Lenders determine until such excess has been eliminatedissuance of Letters of Credit and Credit Support, subject to the Administrative Agent’s 's authority, in its sole discretion, to make Agent Advances pursuant to the terms of Section 1.2(i1.2(j).
Appears in 1 contract
Samples: Credit Agreement (Texas Petrochemical Holdings Inc)
Amounts. Subject to the satisfaction terms and conditions of the conditions precedent set forth in Article 8this Agreement, each Lender severally, but not jointly, agrees, upon the Borrowers’ Agenta Borrower’s request from time to time on any Business Day during the period from the Closing Date to the Termination Date, to make revolving loans (the “Revolving Loans”) to the Borrowers on a joint and several basis in amounts not to exceed such Lender’s Pro Rata Share of Availability, except for Non-Ratable Loans and Agent Advancesthe Commitments. The Lenders, however, in their unanimous discretion, may elect to make Revolving Loans or issue or arrange that would cause the Aggregate Revolver Outstandings to have issued Letters of Credit in excess of exceed the Borrowing Base on one or more occasions, but if they do so, neither the Administrative Agent nor the Lenders shall be deemed thereby to have changed the limits of the Borrowing Base or to be obligated to exceed such limits on any other occasion. If any requested Revolving Loan exceeds the Aggregate Revolver Outstandings would exceed Unused Availability after giving effect to any Borrowing, then the Lenders may refuse to make or may otherwise restrict the making of such Revolving Loans as the Lenders determine until such excess has been eliminatedLoan, subject to the Administrative Agent’s authority, in its sole discretion, to make Agent Advances pursuant to the terms of Section 1.2(i2.2(j).
Appears in 1 contract
Samples: Loan and Security Agreement (Mercury Air Group Inc)
Amounts. Subject to the satisfaction of the conditions precedent set forth in Article 8, and except for Non-Ratable Loans and Agent Advances, each Lender severally, but not jointly, agrees, upon the Borrowers’ Agent’s Administrative Borrower's request from time to time on any Business Day during the period from the Closing Date to the Termination Date, to make revolving loans (the “"Revolving Loans”") to the Borrowers on a joint and several basis applicable Borrower in aggregate amounts not to exceed such Lender’s 's Pro Rata Share of the Availability, except for Non-Ratable Loans and Agent Advances. The Lenders, however, in their unanimous discretion, may elect to make Revolving Loans to, or issue or arrange to have issued Letters of Credit in excess of the Borrowing Base on one or more occasions, but if they do so, neither the Administrative Agent nor the Lenders shall be deemed thereby to have changed the limits of the Borrowing Base or to be obligated to exceed such limits on any other occasion. If the Aggregate Revolver Outstandings any Borrowing would exceed Availability after giving effect to any BorrowingAvailability, the Lenders may refuse to make or may otherwise restrict the making of Revolving Loans to Borrowers, as the Lenders determine until such excess has been eliminated, subject to the Administrative Agent’s 's authority, in its sole discretion, to make Agent Advances pursuant to the terms of Section 1.2(i). The entire unpaid balance of the Revolving Loans and all other non-contingent Obligations shall be immediately due and payable in full in immediately available funds on the Termination Date.
Appears in 1 contract
Samples: Credit Agreement (3com Corp)
Amounts. Subject to the satisfaction of the conditions precedent set forth in Article 810, each Lender severally, but not jointly, agrees, upon the Borrowers’ Agenta Borrower’s request from time to time on any Business Day during the period from the Closing Date to the Termination Date, to make revolving loans (the “Revolving Loans”) to the Borrowers on a joint and several basis in amounts not to exceed (except for the Swingline Lender with respect to Swingline Loans and except for the Administrative Agent with respect to Agent Advances) such Lender’s Pro Rata Share of Availability, except for Non-Ratable Loans and Agent Advancesthe Borrowing Base. The Lenders, however, in their unanimous discretion, may elect to make Revolving Loans or issue or arrange to have issued Letters of Credit in excess of the Borrowing Base Availability on one or more occasions, but if they do so, neither the Administrative Agent Agents nor the Lenders shall be deemed thereby to have changed the limits of the Borrowing Base or to be obligated to exceed such limits on any other occasion. If the Aggregate Revolver Outstandings would exceed Availability after giving effect to any Borrowingthe Borrowing Base, the Lenders may refuse to make or may otherwise restrict the making of Revolving Loans and the issuance of Letters of Credit as the Lenders determine until such excess has been eliminated, subject to the Administrative Agent’s authority, in its sole discretion, to make Agent Advances pursuant to the terms of Section 1.2(i2.2(i).
Appears in 1 contract
Samples: Loan and Security Agreement (Metals USA Plates & Shapes Southcentral, Inc.)
Amounts. Subject to the satisfaction of the conditions precedent set forth in Article 8, each Lender severally, but not jointly, agrees, upon the Borrowers’ Agent’s Borrower's request from time to time on any Business Day during the period from the Closing Date to the Termination Date, to make revolving loans (the “"Revolving Loans”") to the Borrowers on a joint and several basis Borrower in amounts not to exceed such Lender’s 's Pro Rata Share of Availability, except for Non-Ratable Loans and Agent Advances. The Lenders, however, in their unanimous discretion, may elect to make Revolving Loans or issue or arrange to have issued Letters of Credit in excess of the Borrowing Base on one or more occasions, but if they do so, neither the Administrative Agent nor the Lenders shall be deemed thereby to have changed the limits of the Borrowing Base or to be obligated to exceed such limits on any other occasion. If the Aggregate Revolver Outstandings would exceed Availability after giving effect to any Borrowing, the Lenders may refuse to make or may otherwise restrict the making of Revolving Loans as the Lenders determine until such excess has been eliminated, subject to the Administrative Agent’s 's authority, in its sole discretion, to make Agent Advances pursuant to the terms of Section 1.2(i).
Appears in 1 contract
Samples: Credit Agreement (Kforce Com Inc)
Amounts. Subject to the satisfaction of the conditions precedent set forth in Article 8, each Lender severally, but not jointly, agrees, upon the Borrowers’ Agent’s a Borrower's request from time to time on any Business Day during the period from the Closing Date to the Termination Date, to make revolving loans (the “"Revolving Loans”") to the Borrowers on a joint and several basis in amounts not to exceed such Lender’s 's Pro Rata Share of the Availability, except for Non-Ratable Loans and Agent Advances. The Lenders, however, in their unanimous discretion, may elect to make Revolving Loans or issue or arrange to have issued Letters of Credit in excess of the Availability or the Borrowing Base on one or more occasions, but if they do so, neither the Administrative Agent nor the Lenders shall be deemed thereby to have changed the limits of the Availability or the Borrowing Base or to be obligated to exceed such limits on any other occasion. If the Aggregate Revolver Outstandings would exceed the Availability after giving effect to any Borrowing, the Lenders may refuse to make or may otherwise restrict the making of Revolving Loans and the issuance of Letters of Credit as the Lenders determine until such excess has been eliminated, subject to the Administrative Agent’s 's authority, in its sole discretion, to make Agent Advances pursuant to the terms of Section 1.2(i1.2(j).
Appears in 1 contract
Amounts. Subject to the satisfaction of the conditions precedent set forth in Article 8, each Lender severally, but not jointly, agrees, upon the Borrowers’ AgentLS&Co’s request from time to time on any Business Day during the period from the Closing Amendment Date to the Termination Date, to make revolving loans (the “Revolving Loans”) to the Borrowers on a joint and several basis Borrower designated by LS&Co in amounts not to exceed such Lender’s Pro Rata Share of Availability, except for Non-Ratable Loans and Agent Advances. The Lenders, however, in their unanimous discretion, may elect to make Revolving Loans or issue or arrange to have issued Letters of Credit in excess of the Borrowing Base on one or more occasions, but if they do so, neither the Administrative Agent nor the Lenders shall be deemed thereby to have changed the limits of the Borrowing Base or to be obligated to exceed such limits on any other occasion. If the Aggregate Revolver Outstandings would exceed Availability after giving effect to any Borrowing, the Lenders may refuse to make or may otherwise restrict the making of Revolving Loans as the Lenders determine until such excess has been eliminated, subject to the Administrative Agent’s authority, in its sole discretion, to make Agent Advances pursuant to the terms of Section 1.2(i). Notwithstanding anything to the contrary herein, in no case shall the Aggregate Revolver Outstandings at any time exceed the Maximum Revolver Amount.
Appears in 1 contract
Samples: Credit Agreement (Levi Strauss & Co)
Amounts. Subject to the satisfaction of the conditions precedent set forth in Article 810, each Lender severally, but not jointly, agrees, upon the Borrowers’ Agent’s Borrower's request from time to time on any Business Day during the period from the Closing Date to the Termination Date, to make revolving loans (the “"Revolving Loans”") to the Borrowers on a joint and several basis Borrower in amounts not to exceed such Lender’s Pro Rata Share of Availability, (except for the Bank with respect to Non-Ratable Loans and except for the Agent with respect to Agent Advances) such Lender's Pro Rata Share of the Borrowing Base. The Lenders, however, in their unanimous discretion, may elect to make Revolving Loans or issue or arrange to have issued Letters of Credit in excess of the Borrowing Base Availability on one or more occasions, but if they do so, neither the Administrative Agent nor the Lenders shall be deemed thereby to have changed the limits of the Borrowing Base or to be obligated to exceed such limits on any other occasion. If the Aggregate Revolver Outstandings would exceed Availability after giving effect to any Borrowingthe Borrowing Base, the Lenders may refuse to make or may otherwise restrict the making of Revolving Loans as the Lenders determine until such excess has been eliminated, subject to the Administrative Agent’s 's authority, in its sole discretion, to make Agent Advances pursuant to the terms of Section 1.2(i2.2(i).
Appears in 1 contract
Samples: Loan and Security Agreement (Anchor Glass Container Corp /New)
Amounts. Subject to the satisfaction of the conditions precedent set forth in Article 810, each Lender severally, but not jointly, agrees, upon the Borrowers’ Agent’s applicable Borrower's request from time to time on any Business Day during the period from the Closing Date to the Termination Date, to make revolving loans (the “"Revolving Loans”") to the Borrowers on a joint and several basis such Borrower in amounts not to exceed such Lender’s Pro Rata Share of Availability, (except for the Bank with respect to Non-Ratable Loans and except for the Agent with respect to Agent Advances) such Lender's Pro Rata Share of the Borrowing Base. The Lenders, however, in their unanimous discretion, may elect to make Revolving Loans or issue or arrange to have issued Letters of Credit in excess of the Borrowing Base Availability on one or more occasions, but if they do so, neither the Administrative Agent nor the Lenders shall be deemed thereby to have changed the limits of the Borrowing Base or to be obligated to exceed such limits on any other occasion. If the Aggregate Revolver Outstandings would exceed Availability after giving effect to any Borrowingthe Borrowing Base, the Lenders may refuse to make or may otherwise restrict the making of Revolving Loans as the Lenders determine until such excess has been eliminated, subject to the Administrative Agent’s 's authority, in its sole discretion, to make Agent Advances pursuant to the terms of Section 1.2(i2.2(i).
Appears in 1 contract
Amounts. Subject to the satisfaction of the conditions precedent set forth in Article 8, each Lender severally, but not jointly, agrees, upon the Borrowers’ Agent’s ' request from time to time on any Business Day during the period from the Closing Date to the Termination Dateday before the last day of the DIP Term, to make revolving loans (the “"Revolving Loans”") to the Borrowers on a joint and several basis in amounts not to exceed such Lender’s 's Pro Rata Share of Availability, except for Non-Ratable Loans and Agent Advances. The Lenders, however, in their unanimous discretion, may elect to make Revolving Loans or issue or arrange to have issued Letters of Credit in excess of the Borrowing Base Base, on one or more occasions, but if they do so, neither the Administrative Agent nor the Lenders shall be deemed thereby to have changed the limits of the Borrowing Base or to be obligated to exceed such limits on any other occasion. If the Aggregate Revolver Outstandings any Borrowing would exceed Availability after giving effect to any BorrowingAvailability, the Lenders may refuse to make or may otherwise restrict the making of Revolving Loans as the Lenders determine until such excess has been eliminated, subject to the Administrative Agent’s 's authority, in its sole discretion, to make Agent Advances pursuant to the terms of Section 1.2(i).
Appears in 1 contract
Amounts. Subject to the satisfaction of the conditions precedent set forth in Article ARTICLE 8, each Lender severally, but not jointly, agrees, upon the Borrowers’ Agent’s any Borrower's request from time to time on any Business Day during the period from the Closing Date to the Termination Date, to make revolving loans (the “Revolving Loans”"REVOLVING LOANS") to the Borrowers on a joint and several basis in amounts not to exceed such Lender’s 's Pro Rata Share of Availability, except for Non-Ratable Loans and Agent Advances. The Lenders, however, in their unanimous discretion, may elect to make Revolving Loans or issue or arrange to have issued Letters of Credit in excess of the Borrowing Base but not in excess of the Maximum Revolver Amount on one or more occasions, but if they do so, neither the Administrative Agent nor the Lenders shall be deemed thereby to have changed the limits of the Borrowing Base or to be obligated to exceed such limits on any other occasion. If the Aggregate Revolver Outstandings any Borrowing would exceed Availability after giving effect to any BorrowingAvailability, the Lenders may refuse to make or may otherwise restrict the making of Revolving Loans as the Lenders determine until such excess has been eliminated, subject to the Administrative Agent’s 's authority, in its sole discretion, to make Agent Advances pursuant to the terms of Section 1.2(iSECTION 1.2(I).
Appears in 1 contract
Amounts. Subject to the satisfaction of the conditions precedent set forth in Article 8, each Lender severally, but not jointly, agrees, upon the Borrowers’ Agent’s a Borrower's request from time to time on any Business Day during the period from the Closing Date to the Termination Date, to make revolving loans (the “"Revolving Loans”") to the Borrowers on a joint and several basis in amounts not to exceed such Lender’s 's Pro Rata Share of the Availability, except for Non-Ratable Loans and Agent Advances. The Lenders, however, in their unanimous discretion, may elect to make Revolving Loans or issue or arrange to have issued Letters of Credit in excess of the Availability or the Borrowing Base on one or more occasions, but if they do so, neither the Administrative Agent nor the Lenders shall be deemed thereby to have changed the limits of the Availability or the Borrowing Base or to be obligated to exceed such limits on any other occasion. If (i) any requested Borrowing would exceed Availability or (ii) after giving effect to any requested Borrowing the Aggregate Revolver Outstandings would exceed Availability after giving effect to any Borrowingthe amount of the Borrowing Base, then the Lenders may refuse to make or may otherwise restrict the making of Revolving Loans and the issuance of Letters of Credit as the Lenders determine until such excess has been eliminated, subject to the Administrative Agent’s 's authority, in its sole discretion, to make Agent Advances pursuant to the terms of Section 1.2(i1.2(j).
Appears in 1 contract
Samples: Credit Agreement (Txi Cement Co)
Amounts. Subject to the satisfaction of the conditions precedent set forth in Article 8, each Lender severallySeverally, but not jointly, agrees, upon the Borrowers’ Agent’s Borrower's request from time to time on any Business Day during the period from the Closing Date to the Termination Date, to make revolving loans Revolving Loans (the “"Revolving Loans”") to the Borrowers on a joint and several basis Borrower in amounts not to exceed such Lender’s 's Pro Rata Share of Availability, except for Non-Ratable Loans and Agent Advances. The Lenders, however, in their unanimous discretion, may elect to make Revolving Loans or issue or arrange to have issued Letters of Credit in excess of the Borrowing Base on one or more occasions, but if they do so, neither the Administrative Agent nor the Lenders shall be deemed thereby to have changed the limits of the Borrowing Base or to be obligated to exceed such limits on any other occasion. If the Aggregate Revolver Outstandings would exceed Availability after giving effect to any Borrowing, the Lenders may refuse to make or may otherwise restrict the making of Revolving Loans as the Lenders determine until such excess has been eliminated, subject to the Administrative Agent’s 's authority, in its sole discretion, to make Agent Advances pursuant to the terms of Section 1.2(i).
Appears in 1 contract
Samples: Credit Agreement (Kforce Com Inc)
Amounts. Subject to the satisfaction of the conditions precedent set forth in Article 8, each Lender severally, but not jointly, agrees, upon the Borrowers’ Agent’s a Borrower's request from time to time on any Business Day during the period from the Closing Date to the Termination Date, to make revolving loans (the “"Revolving Loans”") to the Borrowers on a joint and several basis in amounts not to exceed such Lender’s 's Pro Rata Share of the Availability, except for Non-Ratable Loans and Agent Advances. The Lenders, however, in their unanimous discretion, may elect to make Revolving Loans or issue or arrange to have issued Letters of Credit or Credit Support in excess of the Availability or the Borrowing Base on one or more occasions, but if they do so, neither the Administrative Agent nor the Lenders shall be deemed thereby to have changed the limits of the Availability or the Borrowing Base or to be obligated to exceed such limits on any other occasion. If the Aggregate Revolver Outstandings any requested Borrowing would exceed Availability after giving effect to any BorrowingAvailability, then the Lenders may refuse to make or may otherwise restrict the making of Revolving Loans as and the Lenders determine until such excess has been eliminatedissuance of Letters of Credit and Credit Support, subject to the Administrative Agent’s 's authority, in its sole discretion, to make Agent Advances pursuant to the terms of Section 1.2(i1.2(j).
Appears in 1 contract
Samples: Credit Agreement (Daisytek International Corporation /De/)
Amounts. Subject to the satisfaction of the conditions precedent set forth in Article 8, each Lender severally, but not jointly, agrees, upon the Borrowers’ Agent’s Borrower Representative's request from time to time on any Business Day during the period from the Closing Date to the Termination Date, to make revolving loans (the “"Revolving Loans”") to the Borrowers on a joint and several basis in amounts not to exceed such Lender’s 's Pro Rata Share of Availability, except for Non-Ratable Loans and Agent Advances. The Lenders, however, in their unanimous discretion, may elect to make Revolving Loans or issue or arrange to have issued Letters of Credit in excess of the Borrowing Base on one or more occasions, but if they do so, neither the Administrative Agent nor the Lenders shall be deemed thereby to have changed the limits of the Borrowing Base or to be obligated to exceed such limits on any other occasion. If the Aggregate Revolver Outstandings would exceed Availability after giving effect to any Borrowing, the Lenders may refuse to make or may otherwise restrict the making of Revolving Loans as the Lenders determine until such excess has been eliminated, subject to the Administrative Agent’s 's authority, in its sole discretion, to make Agent Advances pursuant to the terms of Section 1.2(i). The entire unpaid balance of the Revolving Loans and all other Obligations shall be immediately due and payable in full in immediately available funds on the Termination Date.
Appears in 1 contract
Amounts. Subject to the satisfaction of the conditions precedent set forth in Article 8ARTICLE 10, each Lender severally, but not jointly, agrees, upon the Borrowers’ Agent’s a Borrower's request from time to time on any Business Day during the period from the Closing Date to the Termination Date, to make revolving loans (the “Revolving Loans”"REVOLVING LOANS") to the Borrowers on a joint and several basis in amounts not to exceed such Lender’s Pro Rata Share of Availability, (except for the Bank with respect to Non-Ratable Loans and except for the Agent with respect to Agent Advances) such Lender's Pro Rata Share of the Borrowing Base. The Lenders, however, in their unanimous discretion, may elect to make Revolving Loans or issue or arrange to have issued Letters of Credit in excess of the Borrowing Base Availability on one or more occasions, but if they do so, neither the Administrative Agent nor the Lenders shall be deemed thereby to have changed the limits of the Borrowing Base or to be obligated to exceed such limits on any other occasion. If the Aggregate Revolver Outstandings would exceed Availability after giving effect to any Borrowingthe Borrowing Base, the Lenders may refuse to make or may otherwise restrict the making of Revolving Loans as the Lenders determine until such excess has been eliminated, subject to the Administrative Agent’s 's authority, in its sole discretion, to make Agent Advances pursuant to the terms of Section 1.2(iSECTION 2.2(I).
Appears in 1 contract
Amounts. Subject to the satisfaction of the conditions precedent set forth in Article 8ARTICLE 10, each Lender severally, but not jointly, agrees, upon the Borrowers’ Agent’s Borrower's request from time to time on any Business Day during the period from the Closing Date to the Termination Date, to make revolving loans (the “"Revolving Loans”") to the Borrowers on a joint and several basis Borrower in amounts not to exceed such Lender’s Pro Rata Share of Availability, (except for the Bank with respect to Non-Ratable Loans and except for the Agent with respect to Agent Advances) such Lender's Pro Rata Share of the Borrowing Base. The Lenders, however, in their unanimous discretion, may elect to make Revolving Loans or issue or arrange to have issued Letters of Credit in excess of the Borrowing Base Availability on one or more occasions, but if they do so, neither the Administrative Agent nor the Lenders shall be deemed thereby to have changed the limits of the Borrowing Base or to be obligated to exceed such limits on any other occasion. If the Aggregate Revolver Outstandings would exceed Availability after giving effect to any Borrowingthe Borrowing Base, the Lenders may refuse to make or may otherwise restrict the making of Revolving Loans as the Lenders determine until such excess has been eliminated, subject to the Administrative Agent’s 's authority, in its sole discretion, to make Agent Advances pursuant to the terms of Section 1.2(iSECTION 2.2(i).
Appears in 1 contract
Samples: Loan and Security Agreement (Fruit of the Loom LTD)
Amounts. Subject to the satisfaction of the conditions precedent set forth in Article 810, each Lender severally, but not jointly, agrees, upon the Borrowers’ Agent’s a Borrower's request from time to time on any Business Day during the period from the Closing Date to the Termination Date, to make revolving loans (the “"Revolving Loans”") to the Borrowers on a joint and several basis in amounts not to exceed such Lender’s Pro Rata Share of Availability, (except for the Bank with respect to Non-Ratable Loans and except for the Agent with respect to Agent Advances) such Lender's Pro Rata Share of the Borrowing Base. The Lenders, however, in their unanimous discretion, may elect to make Revolving Loans or issue or arrange to have issued Letters of Credit and Credit Support in excess of the Borrowing Base Available Credit on one or more occasions, but if they do so, neither the Administrative Agent nor the Lenders shall be deemed thereby to have changed the limits of the Borrowing Base or to be obligated to exceed such limits on any other occasion. If the Aggregate Revolver Outstandings would exceed Availability after giving effect to any Borrowingthe Borrowing Base, the Lenders may refuse to make or may otherwise restrict the making of Revolving Loans and the issuance of Letters of Credit and Credit Support as the Lenders determine until such excess has been eliminated, subject to the Administrative Agent’s 's authority, in its sole discretion, to make Agent Advances pursuant to the terms of Section 1.2(i2.2(i).
Appears in 1 contract