Borrowing Limitation Sample Clauses

A Borrowing Limitation clause sets a cap on the amount of debt a party, typically the borrower, is permitted to incur under an agreement. This clause may specify a maximum dollar amount, a ratio relative to assets or income, or restrict certain types of borrowing altogether. For example, it might prevent the borrower from taking on additional loans that would push their total indebtedness above a set threshold. The core function of this clause is to protect the lender by limiting the borrower's financial risk and ensuring the borrower's ability to repay existing obligations.
Borrowing Limitation. In addition to any and all limitations and conditions contained herein, Borrower shall not be entitled to a Borrowing under the Credit Facility which would cause the aggregate outstanding principal balance of all Borrowings, together with accrued but unpaid interest thereon, together with the outstanding amount of all L/C Obligations, to exceed the lesser of (i) the Borrowing Base, or (ii) the Credit Facility Amount.
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Borrowing Limitation. Each Credit Party hereby acknowledges and confirms that (a) Exhibit B hereto sets forth the aggregate principal amount of all outstanding Extensions of Credit and Canadian Extensions of Credit (excluding the Canadian Additional Credit Loans and treating the entire Swingline Commitment (as defined in the Canadian Credit Agreement) as outstanding) as of the date hereof and (b) that such amounts are not subject to any defense, counterclaim, recoupment or offset of any kind. From and after the date hereof until the completion, closing and settlement of the Exchange Offer, the Borrower shall be permitted to request Extensions of Credit and the Canadian Borrower shall be permitted to request Canadian Extensions of Credit; provided, that (i) the aggregate principal of all outstanding Extensions of Credit shall not exceed the amount set forth on Exhibit B with respect to the Extensions of Credit and (ii) the aggregate principal of all outstanding Canadian Extensions of Credit (excluding the Canadian Additional Credit Loans and treating the entire Swingline Commitment (as defined in the Canadian Credit Agreement) as outstanding) shall not exceed the amount set forth on Exhibit B with respect to the Canadian Extensions of Credit.
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Borrowing Limitation. Each Credit Party hereby acknowledges and confirms that (a) Exhibit C hereto sets forth the aggregate principal amount of all outstanding U.S. Extensions of Credit and Extensions of Credit (excluding the Additional Credit Loans and treating the entire Swingline Commitment as outstanding) as of the date hereof and (b) that such amounts are not subject to any defense, counterclaim, recoupment or offset of any kind. From and after the date hereof until the completion closing and settlement of the Exchange Offer, the Borrower shall be permitted to request Extensions of Credit and U.S. Borrower shall be permitted to request U.S. Extensions of Credit; provided, that (i) the aggregate principal of all outstanding U.S. Extensions of Credit shall not exceed the amount set forth on Exhibit C with respect to the U.S. Extensions of Credit and (ii) the aggregate principal of all outstanding Extensions of Credit (excluding the Additional Credit Loans and treating the entire Swingline Commitment as outstanding) shall not exceed the amount set forth on Exhibit C with respect to the Extensions of Credit.
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Borrowing Limitation. The maximum principal amount that Borrower may borrow shall be the lesser of the principal amount stated in the Line of Credit Note or the maximum principal amount allowed under this addendum (the "Maximum Principal Amount") At all times, the amount of Qualified Accounts receivable shall: be greater than Three Hundred Thirty Four Thousand and 00/100 ($334,000.00) Dollars.
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Borrowing Limitation. The maximum aggregate principal balance of cash advances that Borrower may borrow from time to time shall not exceed the lesser of (i) the maximum principal amount stated in the Note or (ii) the Borrowing Base (defined below).
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Borrowing Limitation. Lesser of (a) Total Borrowing Base (Line B.1(e)) D.1(a) ________ (b) Aggregate Commitment (Line C.1) D.1(b) ________ E. Availability. 1. Availability: (a) Lesser of D.1(a) or D.1(b) E.1 (b) Outstanding Revolving Credit Loans E.1 (c) Outstanding Swingline Loans E.1(c) ________ (d) Line E.1(a) minus Line E.1(b) minus Line E.1(c) E.1(d) ________ The information contained herein has been taken from and is consistent with the Portfolio Reports delivered to the Agent together herewith. SIRROM INVESTMENTS, INC. By: --------------------------------- Name: --------------------------- Title: -------------------------- Description of Valuation and Rating Method Portfolio Certificate EXHIBIT E-3 to Fourth Amended and Restated Loan Agreement dated as of August 16, 1996 by and among Sirrom Investments, Inc., as Borrower, Sirrom Capital Corporation, as Guarantor, the Lenders party thereto, and First Union National Bank of Tennessee, as Agent Portfolio Certificate The undersigned, on behalf of SIRROM INVESTMENTS, INC., a corporation organized under the laws of Tennessee (the "Borrower") and SIRROM CAPITAL CORPORATION, a corporation organized under the laws of Tennessee (the "Guarantor"), hereby certifies to FIRST UNION NATIONAL BANK (f/k/a FIRST UNION NATIONAL BANK OF TENNESSEE), in its capacity as Agent for the Lenders referred to below (the "Agent"): 1. This Certificate is delivered pursuant to Section 6.4(a) of the Fourth Amended and Restated Loan Agreement dated as of August 16, 1996 (as amended or supplemented from time to time, the "Loan Agreement") by and among the Borrower, the Guarantor, the Lenders who are or may become party thereto (collectively, the "Lenders") and the Agent. Capitalized terms used herein and not defined herein shall have the meanings assigned thereto in the Loan Agreement.
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Borrowing Limitation. In addition to any and all limitations and conditions contained herein, the Borrower shall not be entitled to a Credit Extension under this Agreement which would cause the Aggregate Outstanding Credit Exposure, together with accrued but unpaid interest thereon, to exceed the lesser of (i) the Borrowing Base and (ii) the Aggregate Commitment.
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Related to Borrowing Limitation

  • Procedure for Borrowing Swingline Loans The Borrower shall give the Agent and the Swingline Lender notice pursuant to a Notice of Swingline Borrowing or telephonic notice of each borrowing of a Swingline Loan. Each Notice of Swingline Borrowing shall be delivered to the Swingline Lender no later than 3:00 p.m. on the proposed date of such borrowing. Any such notice given telephonically shall include all information to be specified in a written Notice of Swingline Borrowing and shall be promptly confirmed in writing by the Borrower pursuant to a Notice of Swingline Borrowing sent to the Swingline Lender by telecopy on the same day of the giving of such telephonic notice. On the date of the requested Swingline Loan and subject to satisfaction of the applicable conditions set forth in Article V. for such borrowing, the Swingline Lender will make the proceeds of such Swingline Loan available to the Borrower in Dollars, in immediately available funds, at the account specified by the Borrower in the Notice of Swingline Borrowing not later than 4:00 p.m. on such date.

  • Procedure for Swingline Borrowing; Refunding of Swingline Loans (a) Whenever the Borrower desires that the Swingline Lender make Swingline Loans it shall give the Swingline Lender irrevocable telephonic notice confirmed promptly in writing (which telephonic notice must be received by the Swingline Lender not later than 1:00 P.M., New York City time, on the proposed Borrowing Date), specifying (i) the amount to be borrowed and (ii) the requested Borrowing Date (which shall be a Business Day during the Revolving Commitment Period). Each borrowing under the Swingline Commitment shall be in an amount equal to $500,000 or a whole multiple of $100,000 in excess thereof. Not later than 3:00 P.M., New York City time, on the Borrowing Date specified in a notice in respect of Swingline Loans, the Swingline Lender shall make available to the Administrative Agent at the Funding Office an amount in immediately available funds equal to the amount of the Swingline Loan to be made by the Swingline Lender. The Administrative Agent shall make the proceeds of such Swingline Loan available to the Borrower on such Borrowing Date by depositing such proceeds in the account of the Borrower with the Administrative Agent on such Borrowing Date in immediately available funds. (b) The Swingline Lender, at any time and from time to time in its sole and absolute discretion may, on behalf of the Borrower (which hereby irrevocably directs the Swingline Lender to act on its behalf), on one (1) Business Day’s notice given by the Swingline Lender no later than 12:00 Noon, New York City time, request each Lender to make, and each Lender hereby agrees to make, a Revolving Loan, in an amount equal to such Lender’s Revolving Percentage of the aggregate amount of the Swingline Loans (the “Refunded Swingline Loans”) outstanding on the date of such notice, to repay the Swingline Lender. Each Lender shall make the amount of such Revolving Loan available to the Administrative Agent at the Funding Office in immediately available funds, not later than 10:00 A.M., New York City time, one (1) Business Day after the date of such notice. The proceeds of such Revolving Loans shall be immediately made available by the Administrative Agent to the Swingline Lender for application by the Swingline Lender to the repayment of the Refunded Swingline Loans. The Borrower irrevocably authorizes the Swingline Lender to charge the Borrower’s accounts with the Administrative Agent (up to the amount available in each such account) in order to immediately pay the amount of such Refunded Swingline Loans to the extent amounts received from the Lenders are not sufficient to repay in full such Refunded Swingline Loans. (c) If prior to the time a Revolving Loan would have otherwise been made pursuant to Section 2.4(b), one of the events described in Section 8.1(g) shall have occurred and be continuing with respect to the Borrower or if for any other reason, as determined by the Swingline Lender in its sole discretion, Revolving Loans may not be made as contemplated by Section 2.4(b), each Lender shall, on the date such Revolving Loan was to have been made pursuant to the notice referred to in Section 2.4(b), purchase for cash an undivided participating interest in the then outstanding Swingline Loans by paying to the Swingline Lender an amount (the “Swingline Participation Amount”) equal to (i) such Lender’s Revolving Percentage times (ii) the sum of the aggregate principal amount of Swingline Loans then outstanding that were to have been repaid with such Revolving Loans. (d) Whenever, at any time after the Swingline Lender has received from any Lender such Lender’s Swingline Participation Amount, the Swingline Lender receives any payment on account of the Swingline Loans, the Swingline Lender will distribute to such Lender its Swingline Participation Amount (appropriately adjusted, in the case of interest payments, to reflect the period of time during which such Lender’s participating interest was outstanding and funded and, in the case of principal and interest payments, to reflect such Lender’s pro rata portion of such payment if such payment is not sufficient to pay the principal of and interest on all Swingline Loans then due); provided, however, that in the event that such payment received by the Swingline Lender is required to be returned, such Lender will return to the Swingline Lender any portion thereof previously distributed to it by the Swingline Lender. (e) Each Lender’s obligation to make the Loans referred to in Section 2.4(b) and to purchase participating interests pursuant to Section 2.4(c) shall be absolute and unconditional and shall not be affected by any circumstance, including (i) any setoff, counterclaim, recoupment, defense or other right that such Lender or the Borrower may have against the Swingline Lender, the Borrower or any other Person for any reason whatsoever, (ii) the occurrence or continuance of a Default or an Event of Default or the failure to satisfy any of the other conditions specified in Section 5, (iii) any adverse change in the condition (financial or otherwise) of the Borrower, (iv) any breach of this Agreement or any other Loan Document by the Borrower, any other Loan Party or any other Lender or (v) any other circumstance, happening or event whatsoever, whether or not similar to any of the foregoing.

  • Procedure for Revolving Loan Borrowing The Borrower may borrow under the Revolving Commitments during the Revolving Commitment Period on any Business Day; provided that the Borrower shall give the Administrative Agent irrevocable written notice (which notice must be received by the Administrative Agent (i) in the case of Eurocurrency Loans, prior to 12:00 Noon, New York City time, three Business Days prior to the requested Borrowing Date or (ii) in the case of ABR Loans, prior to 12:00 Noon, New York City time, one Business Day prior to the proposed Borrowing Date), specifying (x) the amount and Type of Revolving Loans to be borrowed, (y) the requested Borrowing Date and (z) in the case of Eurocurrency Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor. The aggregate principal amount of all Revolving Loans made on the Closing Date shall not exceed $25,000,000 (which amount, for the avoidance of doubt, shall not include the face amount of any outstanding Letters of Credit). Each borrowing by the Borrower under the Revolving Commitments shall be in an amount equal to (x) in the case of ABR Loans, $1,000,000 or a whole multiple of $100,000 in excess thereof (or, if the then aggregate Available Revolving Commitments are less than $1,000,000, such lesser amount) and (y) in the case of Eurocurrency Loans, $1,000,000 or a whole multiple of $500,000 in excess thereof; provided that the Swingline Lender may request, on behalf of the Borrower, borrowings under the Revolving Commitments that are ABR Loans in other amounts pursuant to Section 2.7(a). Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Revolving Lender thereof. Each Revolving Lender will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the Borrower at the Funding Office prior to 11:00 A.M., New York City time, on the Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the Borrower by the Administrative Agent crediting the account designated in writing by the Borrower to the Administrative Agent with the aggregate of the amounts made available to the Administrative Agent by such Revolving Lenders and in like funds as received by the Administrative Agent. If no election as to the Type of a Revolving Loan is specified, then the requested Loan shall be an ABR Loan. If no Interest Period is specified with respect to any requested Eurocurrency Loan, the Borrower shall be deemed to have selected an Interest Period of one month’s duration.

  • Borrowing Upon receipt of Proper Instructions, the Custodian shall deliver securities of a Portfolio to lenders or their agents, or otherwise establish a segregated account as agreed to by the applicable Fund on behalf of such Portfolio and the Custodian, as collateral for borrowings effected by such Portfolio, provided that such borrowed money is payable by the lender (a) to or upon the Custodian's order, as Custodian for such Portfolio, and (b) concurrently with delivery of such securities.

  • Procedure for Revolving Credit Borrowing The Borrower may borrow under the Revolving Credit Commitments during the Commitment Period on any Business Day, provided that the Borrower shall give the Administrative Agent irrevocable notice (which notice must be received by the Administrative Agent prior to 10:00 A.M., New York City time, (a) three Business Days prior to the requested Borrowing Date, if all or any part of the requested Revolving Credit Loans are to be initially Eurodollar Loans or (b) on the requested Borrowing Date, otherwise), in each case specifying (i) the amount to be borrowed, (ii) the requested Borrowing Date, (iii) whether the borrowing is to be of Eurodollar Loans, ABR Loans or a combination thereof and (iv) if the borrowing is to be entirely or partly of Eurodollar Loans, the amount of such Type of Loan and the length of the initial Interest Period therefor. Each borrowing under the Revolving Credit Commitments (other than a borrowing under subsections 2.4, 2.16 and 5.5) shall be in an amount equal to (x) in the case of ABR Loans, $5,000,000 or a whole multiple of $1,000,000 in excess thereof (or, if the Aggregate Available Revolving Credit Commitments are less than $1,000,000, such lesser amount) and (y) in the case of Eurodollar Loans, $5,000,000 or a whole multiple of $1,000,000 in excess thereof. Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Lender thereof. Prior to 11:00 A.M., New York City time, on the Borrowing Date requested by the Borrower, each Lender will make an amount equal to its Funding Commitment Percentage of the principal amount of the Revolving Credit Loans requested to be made on such Borrowing Date available to the Administrative Agent for the account of the Borrower at the New York office of the Administrative Agent specified in subsection 13.2 in funds immediately available to the Administrative Agent. Except as otherwise provided in subsection 2.16, such borrowing will then be made available to the Borrower by the Administrative Agent crediting the account of the Borrower on the books of such office with the aggregate of the amounts made available to the Administrative Agent by the Lenders and in like funds as received by the Administrative Agent.