Changes of Commitment Amounts. (a) The Company shall have the right, upon not less than three Business Days’ notice to the Administrative Agent, to terminate or, from time to time, reduce the Revolving Credit Commitments subject to the provisions of this Section 5.4. To the extent, if any, that the sum of the Revolving Credit Loans, Swing Line Loans, and Revolving L/C Obligations then outstanding and the amounts available to be drawn under outstanding Letters of Credit exceeds the amount of the Revolving Credit Commitments as then reduced, the Company shall be required to make a prepayment equal to such excess amount, the proceeds of which shall be applied first, to payment of the Swing Line Loans then outstanding, second, to payment of the Revolving Credit Loans then outstanding, third, to payment of any Revolving L/C Obligations then outstanding, and last, to cash collateralize any outstanding Letters of Credit on terms reasonably satisfactory to the Administrative Agent. Any such termination of the Revolving Credit Commitments shall be accompanied by prepayment in full of the Revolving Credit Loans, Swing Line Loans and Revolving L/C Obligations then outstanding and by cash collateralization of any outstanding Letter of Credit on terms reasonably satisfactory to the Administrative Agent. Upon termination of the Revolving Credit Commitments any Letter of Credit then outstanding which has been so cash collateralized shall no longer be considered a “Letter of Credit”, as defined in Section 1.1 and any L/C Participating Interests heretofore granted by the Issuing Lender to the Lenders in such Letter of Credit shall be deemed terminated (subject to automatic reinstatement in the event that such cash collateral is returned and the Issuing Lender is not fully reimbursed for any such Revolving L/C Obligations) but the Letter of Credit fees payable under Section 5.11 shall continue to accrue to the Issuing Lender (or, in the event of any such automatic reinstatement, as provided in Section 5.11) with respect to such Letter of Credit until the expiry thereof. (b) Interest accrued on the amount of any partial prepayment pursuant to this Section 5.4 to the date of such partial prepayment shall be paid on the Interest Payment Date next succeeding the date of such partial prepayment. In the case of the termination of the Revolving Credit Commitments, interest accrued on the amount of any prepayment relating thereto and any unpaid commitment fee accrued hereunder shall be paid on the date of such termination. Any such partial reduction of the Revolving Credit Commitments shall be in an amount of $1,000,000 or a whole multiple of $500,000 in excess thereof, and shall reduce permanently the Revolving Credit Commitments then in effect.
Appears in 4 contracts
Samples: Credit Agreement (Be Aerospace Inc), Credit Agreement (Be Aerospace Inc), Credit Agreement (Be Aerospace Inc)
Changes of Commitment Amounts. (a) The Company Borrower shall have the right, upon not less than three Business Days’ notice to the Administrative Agent, to terminate or, from time to time, reduce the Revolving Credit Commitments subject to the provisions of this Section 5.4subsection 4.4. To the extent, if any, that the sum of the amount of the Revolving Credit Loans, Swing Line Loans, and Revolving L/C Obligations then outstanding and the amounts available to be drawn under outstanding Letters of Credit exceeds the amount of the Revolving Credit Commitments as then reduced, the Company Borrower shall be required to make a prepayment equal to such excess amount, the proceeds of which shall be applied first, to payment of the Swing Line Loans then outstanding, second, to payment of the Revolving Credit Loans then outstanding, third, to payment of any Revolving L/C Obligations then outstanding, and last, to cash collateralize Cash Collateralize any outstanding Letters of Credit on terms reasonably satisfactory to the Administrative AgentCredit. Any such termination of the Revolving Credit Commitments shall be accompanied by prepayment in full of the Revolving Credit Loans, Swing Line Loans and Revolving L/C Obligations then outstanding and by cash collateralization Cash Collateralization of any outstanding Letter of Credit on terms reasonably satisfactory to the Administrative AgentCredit. Upon termination of the Revolving Credit Commitments any Letter of Credit then outstanding which has been so cash collateralized Cash Collateralized shall no longer be considered a “Letter of Credit”, as defined in Section subsection 1.1 and any L/C Participating Interests heretofore granted by the Issuing Lender to the Lenders in such Letter of Credit shall be deemed terminated (subject to automatic reinstatement in the event that such cash collateral Cash Collateral is returned and the Issuing Lender is not fully reimbursed for any such Revolving L/C Obligations) but the Letter of Credit fees payable under Section 5.11 subsection 4.11 shall continue to accrue to the Issuing Lender (or, in the event of any such automatic reinstatement, as provided in Section 5.11subsection 4.11) with respect to such Letter of Credit until the expiry thereof.
(b) Interest accrued on the amount of any partial prepayment pursuant to this Section 5.4 subsection 4.4 to the date of such partial prepayment shall be paid on the Interest Payment Date next succeeding the date of such partial prepayment. In the case of the termination of the Revolving Credit Commitments, interest accrued on the amount of any prepayment relating thereto and any unpaid commitment fee accrued hereunder shall be paid on the date of such termination. Any such partial reduction of the Revolving Credit Commitments shall be in an amount of $1,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof, and shall reduce permanently the Revolving Credit Commitments then in effectCommitments.
Appears in 3 contracts
Samples: Credit Agreement (Cumulus Media Inc), First Lien Credit Agreement (Cumulus Media Inc), First Lien Credit Agreement (Cumulus Media Inc)
Changes of Commitment Amounts. (a) The Company Borrower shall have the right, upon not less than three Business Days’ ' notice to the Administrative Adminis- trative Agent, to terminate or, or from time to time, time to permanently reduce the Revolving Credit Commitments Commitments, subject to the provisions of this Section 5.4subsection 4.3. To the extent, if any, that the sum of the amount of the Revolving Credit Loans, Swing Line Loans, Loans and Revolving L/C Obligations then outstanding and the amounts available to be drawn under outstanding Letters of Credit exceeds the amount of the Revolving Credit Commitments as then reduced, the Company Borrower shall be required to make a prepayment equal to such excess amount, the proceeds of which shall be applied applied, first, to payment of the Swing Line Loans then outstanding, second, to payment of the Revolving Credit Loans then outstanding, third, to payment of any Revolving L/C Obligations then outstandingoutstand- ing, and lastfourth, to cash collateralize any outstanding Letters of Credit on terms reasonably satisfactory to the Administrative Agent. Any such termination termi- nation of the Revolving Credit Commitments shall be accompanied by prepayment prepay- ment in full of the Revolving Credit Loans, Swing Line Loans and Revolving L/C Obligations Obli- gations then outstanding and by cash collateralization of any outstanding Letter Letters of Credit on terms reasonably satisfactory to the Administrative Agent. Upon termination of the Revolving Credit Commitments Commitments, any Letter of Credit then outstanding which that has been so cash collateralized shall no longer be considered a “"Letter of Credit”, " as defined in Section subsection 1.1 and any L/C Participating Interests heretofore granted by the Issuing Lender to the Lenders in such Letter of Credit shall be deemed terminated (subject to automatic reinstatement in the event that such cash collateral is returned and the Issuing Lender is not fully reimbursed for any such Revolving L/C ObligationsObliga- tions) but the Letter of Credit fees payable under Section 5.11 subsection 3.9 shall continue to accrue to the Issuing Lender and the Participating Lenders (or, in the event of any such automatic reinstatement, as provided in Section 5.11subsection 3.9) with respect to such Letter of Credit until the expiry thereof.
thereof (b) Interest accrued on pro- vided that in lieu of paying a Standby or Commercial L/C fee, as the amount of any partial prepayment pursuant to this Section 5.4 case may be, equal to the date of such partial prepayment shall be paid on the Interest Payment Date next succeeding the date of such partial prepayment. In the case of the termination of the Applicable Margin for Revolving Credit CommitmentsLoans which are Eurodollar Loans per annum, interest accrued on Borrower shall pay to the amount of any prepayment relating thereto and any unpaid commitment fee accrued hereunder shall be paid on the date of such termination. Any such partial reduction of the Revolving Credit Commitments shall be in Administrative Agent an amount of $1,000,000 or a whole multiple of $500,000 in excess thereof, and shall reduce permanently the Revolving Credit Commitments then in effectequal to 0.25% per annum).
Appears in 2 contracts
Samples: Credit Agreement (Hollywood Entertainment Corp), Credit Agreement (Hollywood Entertainment Corp)
Changes of Commitment Amounts. (a) The Company shall have the right, upon not less than three Business Days’ ' notice to the Administrative Agent, to terminate or, from time to time, reduce the Revolving Credit Commitments subject to the provisions of this Section 5.4subsection 4.4. To the extent, if any, that the sum of the amount of the Revolving Credit Loans, Swing Line Loans, Loans and Revolving L/C Obligations then outstanding and the amounts available to be drawn under outstanding Letters of Credit exceeds the amount of the Revolving Credit Commitments as then reduced, the Company shall be required to make a prepayment equal to such excess amount, the proceeds of which shall be applied firstFIRST, to payment of the Swing Line Loans then outstanding, secondSECOND, to payment of the Revolving Credit Loans then outstanding, thirdTHIRD, to payment of any Revolving L/C Obligations then outstanding, and lastLAST, to cash collateralize any outstanding Letters of Credit on terms reasonably satisfactory to the Administrative Agent. Any such termination of the Revolving Credit Commitments shall be accompanied by prepayment in full of the Revolving Credit Loans, Swing Line Loans and Revolving L/C Obligations then outstanding and by cash collateralization of any outstanding Letter of Credit on terms reasonably satisfactory to the Administrative Agent. Upon termination of the Revolving Credit Commitments any Letter of Credit then outstanding which has been so cash collateralized shall no longer be considered a “Letter of Credit”, as defined in Section 1.1 and any L/C Participating Interests heretofore granted by the Issuing Lender to the Lenders in such Letter of Credit shall be deemed terminated (subject to automatic reinstatement in the event that such cash collateral is returned and the Issuing Lender is not fully reimbursed for any such Revolving L/C Obligations) but the Letter of Credit fees payable under Section 5.11 shall continue to accrue to the Issuing Lender (or, in the event of any such automatic reinstatement, as provided in Section 5.11) with respect to such Letter of Credit until the expiry thereof.
(b) Interest accrued on the amount of any partial prepayment pursuant to this Section 5.4 subsection 4.4 to the date of such partial prepayment shall be paid on the Interest Payment Date next succeeding the date of such partial prepayment. In the case of the termination of the Revolving Credit Commitments, interest accrued on the amount of any prepayment relating thereto and any unpaid commitment fee accrued hereunder shall be paid on the date of such prepayment or termination, as the case may be. Any such partial reduction of the Revolving Credit Commitments shall be in an amount of $1,000,000 2,500,000 or a whole multiple of $500,000 1,000,000 in excess thereof, and shall shall, in each case, reduce permanently the amount of the Revolving Credit Commitments Commitments, then in effect.
Appears in 2 contracts
Samples: Credit Agreement (Gulfstream Aerospace Corp), Credit Agreement (Gulfstream Aerospace Corp)
Changes of Commitment Amounts. (a) The Company Borrower shall have the right, upon not less than three Business Days’ notice to the Administrative Agent, at any time subsequent to the date hereof, to terminate or, or from time to time, time to permanently reduce the Revolving Credit Commitments and/or any Incremental Revolving Commitments, subject to the provisions of this Section 5.4subsection 4.3. To the extent, if any, that the sum of the amount of the Revolving Credit Loans, Swing Line Loans, Loans and Revolving L/C Obligations then outstanding and the amounts available to be drawn under outstanding Letters of Credit exceeds the amount of the Revolving Credit Commitments and any Incremental Revolving Commitments, as then reduced, the Company Borrower shall be required to make a prepayment equal to such excess amount, the proceeds of which shall be applied applied, first, to payment of the Swing Line Loans then outstanding, second, to payment of the Revolving Credit Loans then outstanding, third, to payment of any Revolving L/C Obligations then outstanding, third to payment of the Revolving Credit Loans then outstanding and lastfourth, to cash collateralize any outstanding Letters of Credit on terms reasonably satisfactory to the Administrative Agent. Any such termination of the Revolving Credit Commitments and any Incremental Revolving Commitments shall be accompanied by prepayment in full of the Revolving Credit Loans, Swing Line Loans and Revolving L/C Obligations then outstanding in excess of the then outstanding Revolving Credit Commitments and any Incremental Revolving Commitments after giving effect to such reduction and by cash collateralization of any outstanding Letter Letters of Credit on terms reasonably satisfactory to the Administrative Agent. Upon termination of the Revolving Credit Commitments and any Incremental Revolving Commitments, any Letter of Credit then outstanding which that has been so cash collateralized shall no longer be considered a “Letter of Credit”, ” as defined in Section subsection 1.1 and any L/C Participating Interests heretofore granted by the Issuing Lender to the Lenders in such Letter of Credit shall be deemed terminated (subject to automatic reinstatement in the event that such cash collateral is returned and the Issuing Lender is not fully reimbursed for any such Revolving L/C Obligations) but the Letter of Credit fees payable under Section 5.11 subsection 3.9 shall continue to accrue to the Issuing Lender and the Participating Lenders (or, in the event of any such automatic reinstatement, as provided in Section 5.11subsection 3.9) with respect to such Letter of Credit until the expiry thereofthereof (provided that in lieu of paying a Standby L/C or Commercial L/C fee, as the case may be, equal to the Applicable Margin for Revolving Credit Loans which are Eurodollar Loans per annum, Borrower shall pay to the Issuing Lender an amount equal to 0.25% per annum).
(b) Interest accrued on the amount of any partial prepayment pursuant to this Section 5.4 to the date of such partial prepayment shall be paid on the Interest Payment Date next succeeding the date of such partial prepayment. In the case of the termination of the Revolving Credit Commitments and/or Incremental Revolving Commitments, interest accrued on the amount of any prepayment relating thereto and any unpaid commitment fee accrued hereunder shall be paid on the date of such termination. Any such partial reduction of the Revolving Credit Commitments and/or Incremental Revolving Commitments, shall be in an amount of $1,000,000 or a whole multiple of $500,000 100,000 in excess thereofthereof and shall, and shall in each case, reduce permanently the amount of the Revolving Credit Commitments and/or Incremental Revolving Commitments then in effect.
(c) (i) The Tranche B Term Loan Commitments and any Incremental Term Commitments shall be automatically and permanently reduced upon the making of a Tranche B Term Loan or Incremental Term Loan, as the case may be, by the amount of such Loan and (ii) the Incremental Term Commitments under any Incremental Facility shall be terminated effective as of the day after the effective date of the Incremental Loan Amendment relating thereto.
Appears in 2 contracts
Samples: Credit Agreement (Language Line Holdings, Inc.), Credit Agreement (Language Line Costa Rica, LLC)
Changes of Commitment Amounts. (a) The Company shall have the right, upon not less than three (3) Business Days’ notice to the Administrative Agent, to terminate or, from time to time, reduce the Revolving Credit Commitments subject to the provisions of this Section 5.4. To the extent, if any, that the sum of the Revolving Credit Loans, Swing Line Loans, Loans and Revolving L/C Obligations then outstanding and the amounts available to be drawn under outstanding Letters of Credit exceeds the amount of Line Cap (after giving effect to the Revolving Credit Commitments as then reduced), the Company shall be required to make a prepayment equal to such excess amount, the proceeds of which shall be applied first, to payment of the Swing Line Loans then outstandingprepay any Protective Advances, second, to payment of the Revolving Credit Loans then outstanding, third, to payment of any Revolving L/C Obligations then outstanding, and lastfourth, to cash collateralize Cash Collateralize any outstanding Letters of Credit on terms reasonably satisfactory to the Administrative Agent. Any such termination of the Revolving Credit Commitments shall be accompanied by prepayment in full of the Revolving Credit Loans, Swing Line Loans and Revolving L/C Obligations then outstanding and by cash collateralization Cash Collateralization of any outstanding Letter of Credit on terms reasonably satisfactory to the Administrative AgentAgent by way of a deposit with the Administrative Agent into the Cash Collateral Account an amount of cash collateral equal to 105% of the aggregate undrawn stated amount of all outstanding Letters of Credit as security for the Finance Obligations to the extent that such Letters of Credit are not otherwise paid or cash collateralized at such time. Upon termination of the Revolving Credit Commitments Commitments, any Letter of Credit then outstanding which has been so cash collateralized Cash Collateralized shall no longer be considered a “Letter of Credit”, as defined in Section 1.1 and any L/C Participating Interests heretofore granted by the Issuing Lender to the Lenders in such Letter of Credit shall be deemed terminated (subject to automatic reinstatement in the event that such cash collateral is returned and the Issuing Lender is not fully reimbursed for any such Revolving L/C Obligations) ), but the Letter of Credit fees payable under Section 5.11 shall continue to accrue to the Issuing Lender (or, in the event of any such automatic reinstatement, as provided in Section 5.11) with respect to such Letter of Credit until the expiry thereof.
(b) Interest accrued on the amount of any partial prepayment pursuant to this Section 5.4 to the date of such partial prepayment shall be paid on the Interest Payment Date next succeeding the date of such partial prepayment. In the case of the termination of the Revolving Credit Commitments, interest accrued on the amount of any prepayment relating thereto and any unpaid commitment fee accrued hereunder shall be paid on the date of such termination. Any such partial reduction of the Revolving Credit Commitments shall be in an amount of $1,000,000 or a whole multiple of $500,000 in excess thereof, and shall reduce permanently the Revolving Credit Commitments then in effect.
Appears in 2 contracts
Samples: Credit Agreement (KLX Energy Services Holdings, Inc.), Credit Agreement (KLX Energy Services Holdings, Inc.)
Changes of Commitment Amounts. (a) The Company shall have the right, upon not less than three five Business Days’ ' notice to the Administrative Agent, to terminate or, from time to time, permanently reduce the Revolving Credit Commitments Commitments, subject to the provisions of this Section 5.4subsection 4.3. To the extent, if any, that the sum of the amount of the Revolving Credit Loans, Swing Line Loans, Loans and Revolving L/C Obligations then outstanding and the amounts available to be drawn under outstanding Letters of Credit exceeds the amount of the Revolving Credit Commitments as then reduced, the Company shall be required to make a prepayment equal to such excess amount, the proceeds of which shall be applied first, to payment of the Swing Line Loans then outstanding, second, to payment of the Revolving Credit Loans then outstanding, third, to payment of any Revolving L/C Obligations then outstanding, and lastfourth, to cash collateralize any outstanding Letters of Credit on terms reasonably satisfactory to the Administrative Agent. Any such termination of the Revolving Credit Commitments shall be accompanied by prepayment in full of the Revolving Credit Loans, Swing Line Loans and Revolving L/C Obligations then outstanding and by cash collateralization of any outstanding Letter Letters of Credit on terms reasonably satisfactory to the Administrative Agent. Upon termination of the Revolving Credit Commitments Commitments, any Letter of Credit then outstanding which has been so cash collateralized shall no longer be considered a “"Letter of Credit”, " as defined in Section subsection 1.1 and any L/C Participating Interests heretofore granted by the Issuing Lender to the Lenders in such Letter of Credit shall be deemed terminated (subject to automatic reinstatement in the event that such cash collateral is returned and the Issuing Lender is not fully reimbursed for any such Revolving L/C Obligations) but the Letter of Credit fees payable under Section 5.11 subsection 3.9 shall continue to accrue to the Issuing Lender and the Participating Lenders (or, in the event of any such automatic reinstatement, as provided in Section 5.11subsection 3.9) with respect to such Letter of Credit until the expiry thereof.
(b) Interest accrued on the amount of any partial prepayment pursuant to this Section 5.4 to the date of such partial prepayment shall be paid on the Interest Payment Date next succeeding the date of such partial prepayment. In the case of the termination of the Revolving Credit Commitments, interest accrued on the amount of any prepayment relating thereto and any unpaid commitment fee accrued hereunder shall be paid on the date of such termination. Any such partial reduction of the Revolving Credit Commitments shall be in an amount of $1,000,000 or a whole multiple of $500,000 in excess thereof, and shall reduce permanently the Revolving Credit Commitments then in effect.
Appears in 2 contracts
Samples: Credit Agreement (Primeco Inc), Credit Agreement (Kragen Auto Supply Co)
Changes of Commitment Amounts. (a) The Company Borrower shall have the right, upon not less than three Business Days’ notice to the Administrative Agent, at any time subsequent to the Closing Date, to terminate or, or from time to time, time to permanently reduce the Revolving Credit Commitments and any Incremental Revolving Commitments, subject to the provisions of this Section 5.4subsection 4.3. To the extent, if any, that the sum of the amount of the Revolving Credit Loans, Swing Line Loans, Loans and Revolving L/C Obligations then outstanding and the amounts available to be drawn under outstanding Letters of Credit exceeds the amount of the Revolving Credit Commitments and any Incremental Revolving Commitments, as then reduced, the Company Borrower shall be required to make a prepayment equal to such excess amount, the proceeds of which shall be applied applied, first, to payment of the Swing Line Loans any L/C Obligations then outstanding, second, second to payment of the Revolving Credit Loans then outstanding, outstanding and third, to payment of any Revolving L/C Obligations then outstanding, and last, to cash collateralize any outstanding Letters of Credit on terms reasonably satisfactory to the Administrative Agent. Any such termination of the Revolving Credit Commitments and any Incremental Revolving Commitments shall be accompanied by prepayment in full of the Revolving Credit Loans, Swing Line Loans and Revolving L/C Obligations then outstanding in excess of the then outstanding Revolving Credit Commitments and any Incremental Revolving Commitments after giving effect to such reduction and by cash collateralization of any outstanding Letter Letters of Credit on terms reasonably satisfactory to the Administrative Agent. Upon termination of the Revolving Credit Commitments and any Incremental Revolving Commitments, any Letter of Credit then outstanding which that has been so cash collateralized shall no longer be considered a “Letter of Credit”, ” as defined in Section subsection 1.1 and any L/C Participating Interests heretofore granted by the Issuing Lender to the Lenders prior to the Closing Date in such Letter of Credit shall be deemed terminated (subject to automatic reinstatement in the event that such cash collateral is returned and the Issuing Lender is not fully reimbursed for any such Revolving L/C Obligations) but the Letter of Credit fees payable under Section 5.11 subsection 3.8 shall continue to accrue to the Issuing Lender and the Participating Lenders (or, in the event of any such automatic reinstatement, as provided in Section 5.11subsection 3.8) with respect to such Letter of Credit until the expiry thereofthereof (provided that in lieu of paying a Letter of Credit fee equal to the Applicable Margin for Revolving Credit Loans which are Eurodollar Loans per annum, Borrower shall pay to the Issuing Lender an amount equal to 0.25% per annum).
(b) Interest accrued on the amount of any partial prepayment pursuant to this Section 5.4 to the date of such partial prepayment shall be paid on the Interest Payment Date next succeeding the date of such partial prepayment. In the case of the termination of the Revolving Credit Commitments, Incremental Revolving Commitments and/or Term Loan Commitment, interest accrued on the amount of any prepayment relating thereto and any unpaid commitment fee accrued hereunder shall be paid on the date of such termination. Any such partial reduction of the Revolving Credit Commitments, Incremental Revolving Commitments and/or Term Loan Commitment, shall be in an amount of $1,000,000 or a whole multiple of $500,000 100,000 in excess thereofthereof and shall, and shall in each case, reduce permanently the amount of the Revolving Credit Commitments, Incremental Revolving Commitments and/or Term Loan Commitment, then in effect.
(c) (i) The Tranche B Term Loan Commitments and any Incremental Term Commitments shall be automatically and permanently reduced upon the making of a Tranche B Term Loan or Incremental Term Loan, as the case may be, by the amount of such Loan and (ii) the Incremental Term Commitments under any Incremental Facility shall be terminated effective as of the day after the effective date of the Incremental Loan Amendment relating thereto.
Appears in 2 contracts
Samples: Credit Agreement (Atlantic Broadband Finance, LLC), Credit Agreement (Atlantic Broadband Finance, LLC)
Changes of Commitment Amounts. (a) The Company Borrower shall have the right, upon not less than three Business Days’ notice to the Administrative Agent, to terminate or, or from time to time, time to permanently reduce the Revolving Credit Commitments Commitments, subject to the provisions of this Section 5.4. To the extent, if any, that the sum of the Revolving Credit Loans, Swing Line Loans, and Revolving L/C Obligations then outstanding and the amounts available to be drawn under outstanding Letters of Credit exceeds the amount of the Revolving Credit Commitments as then reduced, the Company shall be required to make a prepayment equal to such excess amount, the proceeds of which shall be applied first, to payment of the Swing Line Loans then outstanding, second, to payment of the Revolving Credit Loans then outstanding, third, to payment of any Revolving L/C Obligations then outstanding, and last, to cash collateralize any outstanding Letters of Credit on terms reasonably satisfactory to the Administrative Agentsubsection 3.3. Any such termination of the Revolving Credit Commitments shall be accompanied by prepayment in full of the Revolving Credit Loans, Swing Line Loans and Revolving L/C Obligations then outstanding and by cash collateralization Cash Collateralization of any outstanding Letter Letters of Credit on terms reasonably satisfactory to the Administrative Agent. Upon termination of the Revolving Credit Commitments Commitments, any Letter of Credit then outstanding which that has been so cash collateralized Cash Collateralized shall no longer be considered a “Letter of Credit”, ” as defined in Section subsection 1.1 and any L/C Participating Interests heretofore granted by the Issuing Lender to the Lenders in such Letter of Credit shall be deemed terminated (subject to automatic reinstatement in the event that such cash collateral is returned and the Issuing Lender is not fully reimbursed for any such Revolving L/C Obligations) but the Letter of Credit fees payable under Section 5.11 subsection 2.8 shall continue to accrue to the Issuing Lender and the Participating Lenders (or, in the event of any such automatic reinstatement, as provided in Section 5.11subsection 2.8) with respect to such Letter of Credit until the expiry thereof.
thereof (b) Interest accrued on the amount provided that in lieu of any partial prepayment paying a Letter of Credit fee pursuant to this Section 5.4 subsection 2.8 the Borrower shall pay to the date of such partial prepayment shall be paid on the Interest Payment Date next succeeding the date of such partial prepayment. In the case of the termination of the Revolving Credit Commitments, interest accrued on the amount of any prepayment relating thereto and any unpaid commitment fee accrued hereunder shall be paid on the date of such termination. Any such partial reduction of the Revolving Credit Commitments shall be in Administrative Agent an amount of $1,000,000 or a whole multiple of $500,000 in excess thereof, and shall reduce permanently the Revolving Credit Commitments then in effectequal to 0.60% per annum).
Appears in 2 contracts
Samples: Revolving Credit Agreement (Stratus Technologies Bermuda Holdings Ltd.), Revolving Credit Agreement (Stratus Technologies Bermuda Holdings Ltd.)
Changes of Commitment Amounts. (a) The Company shall have the right, upon not less than three Business Days’ notice to the Administrative Agent, to terminate or, from time to time, reduce the Revolving Credit Commitments and/or the Incremental Revolving Loan Commitments under an Incremental Revolving Loan Facility subject to the provisions of this Section 5.4subsection 8.4. To the extent, if any, that the sum of the amount of the Revolving Credit Loans, Swing Line Loans, and Revolving L/C Obligations then outstanding and the amounts available to be drawn under outstanding Letters of Credit exceeds the amount of the Revolving Credit Commitments as then reduced, the Company shall be required to make a prepayment equal to such excess amount, the proceeds of which shall be applied first, to payment of the Swing Line Loans then outstanding, second, to payment of the Revolving Credit Loans then outstanding, third, to payment of any Revolving L/C Obligations then outstanding, and last, to cash collateralize any outstanding Letters of Credit on terms reasonably satisfactory to the Administrative Agent. Any such termination of the Revolving Credit Commitments shall be accompanied by prepayment in full of the Revolving Credit Loans, Swing Line Loans and Revolving L/C Obligations then outstanding and by cash collateralization of any outstanding Letter of Credit on terms reasonably satisfactory to the Administrative Agent. Upon termination of the Revolving Credit Commitments any Letter of Credit then outstanding which has been so cash collateralized shall no longer be considered a “Letter of Credit”, as defined in Section subsection 1.1 and any L/C Participating Interests heretofore granted by the Issuing Lender to the Lenders in such Letter of Credit shall be deemed terminated (subject to automatic reinstatement in the event that such cash collateral is returned and the Issuing Lender is not fully reimbursed for any such Revolving L/C Obligations) but the Letter of Credit fees payable under Section 5.11 subsection 8.11 shall continue to accrue to the Issuing Lender (or, in the event of any such automatic reinstatement, as provided in Section 5.11subsection 8.11) with respect to such Letter of Credit until the expiry thereof. To the extent, if any, that the amount of the Incremental Revolving Loans under an Incremental Revolving Loan Facility then outstanding exceeds the amount of the Incremental Revolving Loan Commitments under such Incremental Revolving Loan Facility as then reduced, the Company shall be required to make a prepayment of such Incremental Revolving Loans equal to such excess amount.
(b) Interest accrued on the amount of any partial prepayment pursuant to this Section 5.4 subsection 8.4 to the date of such partial prepayment shall be paid on the Interest Payment Date next succeeding the date of such partial prepayment. In the case of the termination of the Revolving Credit Commitments and/or any Incremental Revolving Loan Commitments, interest accrued on the amount of any prepayment relating thereto and any unpaid commitment fee accrued hereunder shall be paid on the date of such termination. Any such partial reduction of the Revolving Credit Commitments and/or any Incremental Revolving Loan Commitments shall be in an amount of $1,000,000 2,500,000 or a whole multiple of $500,000 1,000,000 in excess thereof, and shall reduce permanently the Revolving Credit Commitments and/or such Incremental Revolving Loan Commitments then in effect.
Appears in 2 contracts
Samples: Credit Agreement (Citadel Broadcasting Corp), Credit Agreement (Citadel Broadcasting Corp)
Changes of Commitment Amounts. (a) The Company shall have the right, upon not less than three Business Days’ notice to the Administrative Agent, to terminate or, from time to time, reduce the Revolving Credit Commitments subject to the provisions of this Section 5.4subsection 4.4. To the extent, if any, that the sum of the amount of the Revolving Credit Loans, Swing Line Loans, and Revolving L/C Obligations then outstanding and the amounts available to be drawn under outstanding Letters of Credit exceeds the amount of the Revolving Credit Commitments as then reduced, the Company shall be required to make a prepayment equal to such excess amount, the proceeds of which shall be applied first, to payment of the Swing Line Loans then outstanding, second, to payment of the Revolving Credit Loans then outstanding, third, to payment of any Revolving L/C Obligations then outstanding, and last, to cash collateralize any outstanding Letters of Credit on terms reasonably satisfactory to the Administrative Agent. Any such termination of the Revolving Credit Commitments shall be accompanied by prepayment in full of the Revolving Credit Loans, Swing Line Loans and Revolving L/C Obligations then outstanding and by cash collateralization of any outstanding Letter of Credit on terms reasonably satisfactory to the Administrative Agent. Upon termination of the Revolving Credit Commitments any Letter of Credit then outstanding which has been so cash collateralized shall no longer be considered a “Letter of Credit”, as defined in Section subsection 1.1 and any L/C Participating Interests heretofore granted by the Issuing Lender to the Lenders in such Letter of Credit shall be deemed terminated (subject to automatic reinstatement in the event that such cash collateral is returned and the Issuing Lender is not fully reimbursed for any such Revolving L/C Obligations) but the Letter of Credit fees payable under Section 5.11 subsection 4.11 shall continue to accrue to the Issuing Lender (or, in the event of any such automatic reinstatement, as provided in Section 5.11subsection 8.4) with respect to such Letter of Credit until the expiry thereof.
(b) Interest accrued on the amount of any partial prepayment pursuant to this Section 5.4 subsection 4.4 to the date of such partial prepayment shall be paid on the Interest Payment Date next succeeding the date of such partial prepayment. In the case of the termination of the Revolving Credit Commitments, interest accrued on the amount of any prepayment relating thereto and any unpaid commitment fee accrued hereunder shall be paid on the date of such termination. Any such partial reduction of the Revolving Credit Commitments shall be in an amount of $1,000,000 2,500,000 or a whole multiple of $500,000 1,000,000 in excess thereof, and shall reduce permanently the Revolving Credit Commitments then in effectCommitments.
Appears in 1 contract
Changes of Commitment Amounts. (a) The Company shall have the right, upon not less than three Business Days’ ' notice to the Administrative Agent, to terminate or, from time to time, reduce the Revolving Credit Commitments and/or the Incremental Revolving Loan Commitments under an Incremental Revolving Loan Facility subject to the provisions of this Section 5.4subsection 8.4. To the extent, if any, that the sum of the amount of the Revolving Credit Loans, Swing Line Loans, and Revolving L/C Obligations then outstanding and the amounts available to be drawn under outstanding Letters of Credit exceeds the amount of the Revolving Credit Commitments as then reduced, the Company shall be required to make a prepayment equal to such excess amount, the proceeds of which shall be applied first, to payment of the Swing Line Loans then outstanding, second, to payment of the Revolving Credit Loans then outstanding, third, to payment of any Revolving L/C Obligations then outstanding, and last, to cash collateralize any outstanding Letters of Credit on terms reasonably satisfactory to the Administrative Agent. Any such termination of the Revolving Credit Commitments shall be 41 accompanied by prepayment in full of the Revolving Credit Loans, Swing Line Loans and Revolving L/C Obligations then outstanding and by cash collateralization of any outstanding Letter of Credit on terms reasonably satisfactory to the Administrative Agent. Upon termination of the Revolving Credit Commitments any Letter of Credit then outstanding which has been so cash collateralized shall no longer be considered a “"Letter of Credit”", as defined in Section subsection 1.1 and any L/C Participating Interests heretofore granted by the Issuing Lender to the Lenders in such Letter of Credit shall be deemed terminated (subject to automatic reinstatement in the event that such cash collateral is returned and the Issuing Lender is not fully reimbursed for any such Revolving L/C Obligations) but the Letter of Credit fees payable under Section 5.11 subsection 8.11 shall continue to accrue to the Issuing Lender (or, in the event of any such automatic reinstatement, as provided in Section 5.11subsection 8.11) with respect to such Letter of Credit until the expiry thereof. To the extent, if any, that the amount of the Incremental Revolving Loans under an Incremental Revolving Loan Facility then outstanding exceeds the amount of the Incremental Revolving Loan Commitments under such Incremental Revolving Loan Facility as then reduced, the Company shall be required to make a prepayment of such Incremental Revolving Loans equal to such excess amount.
(b) Interest accrued on the amount of any partial prepayment pursuant to this Section 5.4 subsection 8.4 to the date of such partial prepayment shall be paid on the Interest Payment Date next succeeding the date of such partial prepayment. In the case of the termination of the Revolving Credit Commitments and/or any Incremental Revolving Loan Commitments, interest accrued on the amount of any prepayment relating thereto and any unpaid commitment fee accrued hereunder shall be paid on the date of such termination. Any such partial reduction of the Revolving Credit Commitments and/or any Incremental Revolving Loan Commitments shall be in an amount of $1,000,000 5,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof, and shall reduce permanently the Revolving Credit Commitments and/or such Incremental Revolving Loan Commitments then in effect.
Appears in 1 contract
Changes of Commitment Amounts. (a) The Company Borrowers shall have the right, upon not less than three Business Days’ notice to the Administrative Agent, at any time subsequent to the Closing Date, to terminate or, or from time to time, time to permanently reduce the Revolving Credit Commitments and/or any Incremental Revolving Commitments, subject to the provisions of this Section 5.4subsection 4.3. Any notice given by the Borrowers pursuant to this subsection 4.3(a) shall be irrevocable; provided that any such notice delivered by the Borrowers may state that such notice is conditioned upon the effectiveness of other financing arrangements, in which case such notice may be revoked by the Borrowers (by notice to the Administrative Agent on or prior to the specified effective date) if such condition is not satisfied. To the extent, if any, that the sum of the amount of the Revolving Credit Loans, Swing Line Loans, Loans and Revolving L/C Obligations then outstanding and the amounts available to be drawn under outstanding Letters of Credit exceeds the amount of the Revolving Credit Commitments and any Incremental Revolving Commitments, as then reduced, the Company Borrowers shall be required to make a prepayment equal to such excess amount, the proceeds of which shall be applied applied, first, to payment of the Swing Line Loans then outstanding, second, to payment of the Revolving Credit Loans then outstanding, third, to payment of any Revolving L/C Obligations then outstanding, third to payment of the Revolving Credit Loans then outstanding and lastfourth, to cash collateralize any outstanding Letters of Table of Contents Credit on terms reasonably satisfactory to the Administrative Agent. Any such termination of the Revolving Credit Commitments and any Incremental Revolving Commitments shall be accompanied by prepayment in full of the Revolving Credit Loans, Swing Line Loans and Revolving L/C Obligations then outstanding in excess of the then outstanding Revolving Credit Commitments and any Incremental Revolving Commitments after giving effect to such reduction and by cash collateralization of any outstanding Letter Letters of Credit on terms reasonably satisfactory to the Administrative Agent. Upon termination of the Revolving Credit Commitments and any Incremental Revolving Commitments, any Letter of Credit then outstanding which that has been so cash collateralized shall no longer be considered a “Letter of Credit”, ” as defined in Section subsection 1.1 and any L/C Participating Interests heretofore granted by the Issuing Lender to the Lenders prior to the Closing Date in such Letter of Credit shall be deemed terminated (subject to automatic reinstatement in the event that such cash collateral is returned and the Issuing Lender is not fully reimbursed for any such Revolving L/C Obligations) but the Letter of Credit fees payable under Section 5.11 subsection 3.9 shall continue to accrue to the Issuing Lender and the Participating Lenders (or, in the event of any such automatic reinstatement, as provided in Section 5.11subsection 3.9) with respect to such Letter of Credit until the expiry thereofthereof (provided that in lieu of paying a Standby L/C or Commercial L/C fee, as the case may be, equal to the Applicable Margin for Revolving Credit Loans which are Eurodollar Loans per annum, the Borrowers shall pay to the Issuing Lender an amount equal to 0.25% per annum).
(b) Interest accrued on the amount of any partial prepayment pursuant to this Section 5.4 to the date of such partial prepayment shall be paid on the Interest Payment Date next succeeding the date of such partial prepayment. In the case of the termination of the Revolving Credit Commitments and/or Incremental Revolving Commitments, interest accrued on the amount of any prepayment relating thereto and any unpaid commitment fee accrued hereunder shall be paid on the date of such termination. Any such partial reduction of the Revolving Credit Commitments and/or Incremental Revolving Commitments, shall be in an amount of $1,000,000 or a whole multiple of $500,000 100,000 in excess thereofthereof and shall, and shall in each case, reduce permanently the amount of the Revolving Credit Commitments and/or Incremental Revolving Commitments then in effect.
(c) (i) The Tranche B Term Loan Commitments and any Incremental Term Commitments shall be automatically and permanently reduced upon the making of a Tranche B Term Loan or Incremental Term Loan, as the case may be, by the amount of such Loan and (ii) the Incremental Term Commitments under any Incremental Facility shall be terminated effective as of the day after the effective date of the Incremental Loan Amendment relating thereto.
Appears in 1 contract
Samples: Senior Secured Credit Agreement (Language Line Services Holdings, Inc.)
Changes of Commitment Amounts. (a) The Company shall have the right, upon not less than three (3) Business Days’ notice to the Administrative Agent, to terminate or, from time to time, reduce the Revolving Credit Commitments subject to the provisions of this Section 5.4. To the extent, if any, that the sum of the Revolving Credit Loans, Swing Line Loans, Loans and Revolving L/C Obligations then outstanding and the amounts available to be drawn under outstanding Letters of Credit exceeds the amount of Line Cap (after giving effect to the Revolving Credit Commitments as then reduced), the Company shall be required to make a prepayment equal to such excess amount, the proceeds of which shall be applied first, to payment of the Swing Line Loans then outstandingprepay any Protective Advances, second, to payment of the Revolving Credit Loans then outstanding, third, to payment of any Revolving L/C Obligations then outstanding, and lastfourth, to cash collateralize Cash Collateralize any outstanding Letters of Credit on terms reasonably satisfactory to the Administrative AgentAgent and the applicable Issuing Lender. Any such termination of the Revolving Credit Commitments shall be accompanied by prepayment in full of the Revolving Credit Loans, Swing Line Loans and Revolving L/C Obligations then outstanding and by cash collateralization Cash Collateralization of any outstanding Letter of Credit on terms reasonably satisfactory to the Administrative AgentAgent and the applicable Issuing Lender by way of a deposit with the Administrative Agent into the Cash Collateral Account an amount of cash collateral equal to 105% of the aggregate undrawn stated amount of all outstanding Letters of Credit as security for the Finance Obligations to the extent that such Letters of Credit are not otherwise paid or cash collateralized at such time. Upon termination of the Revolving Credit Commitments Commitments, any Letter of Credit then outstanding which has been so cash collateralized Cash Collateralized shall no longer be considered a “Letter of Credit”, as defined in Section 1.1 and any L/C Participating Interests heretofore granted by the Issuing Lender to the Lenders in such Letter of Credit shall be deemed terminated (subject to automatic reinstatement in the event that such cash collateral is returned and the Issuing Lender is not fully reimbursed for any such Revolving L/C Obligations) ), but the Letter of Credit fees payable under Section 5.11 shall continue to accrue to the Issuing Lender (or, in the event of any such automatic reinstatement, as provided in Section 5.11) with respect to such Letter of Credit until the expiry thereof.
(b) Interest accrued on the amount of any partial prepayment pursuant to this Section 5.4 to the date of such partial prepayment shall be paid on the Interest Payment Date next succeeding the date of such partial prepayment. In the case of the termination of the Revolving Credit Commitments, interest accrued on the amount of any prepayment relating thereto and any unpaid commitment fee accrued hereunder shall be paid on the date of such termination. Any such partial reduction of the Revolving Credit Commitments shall be in an amount of $1,000,000 or a whole multiple of $500,000 in excess thereof, and shall reduce permanently the Revolving Credit Commitments then in effect.
Appears in 1 contract
Changes of Commitment Amounts. (a) The Company shall have the right, upon not less than three Business Days’ notice to the Administrative Agent, to terminate or, from time to time, permanently reduce the Revolving Credit Commitments and the Additional Revolving Commitments, on a pro rata basis, subject to the provisions of this Section 5.4subsection 4.3. To the extent, if any, that the sum of the amount of the Revolving Credit Loans, Additional Revolving Loans, Swing Line Loans, Loans and Revolving L/C Obligations then outstanding and the amounts available to be drawn under outstanding Letters of Credit exceeds the amount of the Total Revolving Credit Commitments as then reduced, the Company shall be required to make a prepayment equal to such excess amount, the proceeds of which shall be applied first, to payment of the Swing Line Loans then outstanding, second, to payment of the Revolving Credit Loans and Additional Revolving Loans then outstanding, on a pro rata bais, third, to payment of any Revolving L/C Obligations then outstanding, and lastfourth, to cash collateralize any outstanding Letters of Credit on terms reasonably satisfactory to the Administrative Agent. Any such termination of the Revolving Credit Commitments and the Additional Revolving Commitments shall be accompanied by prepayment in full of (i) the Revolving Credit Loans and Additional Revolving Loans, on a pro rata basis, (ii) the Swing Line Loans and Revolving (iii) the L/C Obligations then outstanding and by cash collateralization of any outstanding Letter Letters of Credit on terms reasonably satisfactory to the Administrative Agent. Upon termination of the Revolving Credit Commitments and the Additional Revolving Commitments, any Letter of Credit then outstanding which has been so cash collateralized shall no longer be considered a “Letter of Credit”, ” as defined in Section subsection 1.1 and any L/C Participating Interests heretofore granted by the Issuing Lender to the Lenders in such Letter of Credit shall be deemed terminated (subject to automatic reinstatement in the event that such cash collateral is returned and the Issuing Lender is not fully reimbursed for any such Revolving L/C Obligations) but the Letter of Credit fees payable under Section 5.11 subsection 3.9 shall continue to accrue to the Issuing Lender and the Participating Lenders (or, in the event of any such automatic reinstatement, as provided in Section 5.11subsection 3.9) with respect to such Letter of Credit until the expiry thereof.
(b) Interest accrued on the amount of any partial prepayment pursuant to this Section 5.4 to the date of such partial prepayment shall be paid on the Interest Payment Date next succeeding the date of such partial prepayment. In the case of the termination of the Revolving Credit Commitments and the Additional Revolving Commitments, interest accrued on the amount of any prepayment relating thereto and any unpaid commitment fee accrued hereunder shall be paid on the date of such terminationtermination to the Revolving Lenders and the Additional Revolving Lenders, on a pro rata basis. Any such partial reduction of the Revolving Credit Commitments and Additional Revolving Commitments shall be in an amount of $1,000,000 2,000,000, or a whole multiple of $500,000 1,000,000 in excess thereof, and shall shall, in each case, reduce permanently the amount of the Revolving Credit Commitments and Additional Revolving Commitments then in effect, on a pro rata basis.
Appears in 1 contract
Samples: Credit Agreement (CSK Auto Corp)
Changes of Commitment Amounts. (a) The Company shall have the right, upon not less than three Business Days’ ' notice to the Administrative Agent, to terminate or, from time to time, reduce the Revolving Credit Commitments subject to the provisions of this Section subsection 5.4. To the extent, if any, that the sum of the Revolving Credit Loans, Swing Line Loans, and Revolving L/C Obligations then outstanding and the amounts available to be drawn under outstanding Letters of Credit exceeds the amount of the Revolving Credit Commitments as then reduced, the Company shall be required to make a prepayment equal to such excess amount, the proceeds of which shall be applied first, to payment of the Swing Line Loans then outstanding, second, to payment of the Revolving Credit Loans then outstanding, third, to payment of any Revolving L/C Obligations then outstanding, and last, to cash collateralize any outstanding Letters of Credit on terms reasonably satisfactory to the Administrative Agent. Any such termination of the Revolving Credit Commitments shall be accompanied by prepayment in full of the Revolving Credit Loans, Swing Line Loans and Revolving L/C Obligations then outstanding and by cash collateralization of any outstanding Letter of Credit on terms reasonably satisfactory to the Administrative Agent. Upon termination of the Revolving Credit Commitments any Letter of Credit then outstanding which has been so cash collateralized shall no longer be considered a “"Letter of Credit”", as defined in Section subsection 1.1 and any L/C Participating Interests heretofore granted by the Issuing Lender to the Lenders in such Letter of Credit shall be deemed terminated (subject to automatic reinstatement in the event that such cash collateral is returned and the Issuing Lender is not fully reimbursed for any such Revolving L/C Obligations) but the Letter of Credit fees payable under Section subsection 5.11 shall continue to accrue to the Issuing Lender (or, in the event of any such automatic reinstatement, as provided in Section subsection 5.11) with respect to such Letter of Credit until the expiry thereof.
(b) Interest accrued on the amount of any partial prepayment pursuant to this Section subsection 5.4 to the date of such partial prepayment shall be paid on the Interest Payment Date next succeeding the date of such partial prepayment. In the case of the termination of the Revolving Credit Commitments, interest accrued on the amount of any prepayment relating thereto and any unpaid commitment fee accrued hereunder shall be paid on the date of such termination. Any such partial reduction of the Revolving Credit Commitments shall be in an amount of $1,000,000 or a whole multiple of $500,000 in excess thereof, and shall reduce permanently the Revolving Credit Commitments then in effect.
Appears in 1 contract
Samples: Credit Agreement (Be Aerospace Inc)
Changes of Commitment Amounts. (a) The Company Borrower shall have the right, upon not less than three Business Days’ notice to the Administrative Agent, (i) at any time subsequent to the date hereof but prior to the Closing Date to terminate oror permanently reduce the Tranche B Term Loan Commitments and (ii) at any time subsequent to the date hereof, to terminate or from time to time, time to permanently reduce the Revolving Credit Commitments, any Incremental Revolving Commitments and/or the Tranche A Term Loan Commitments, subject to the provisions of this Section 5.4subsection 4.3. To the extent, if any, that the sum of the amount of the Revolving Credit Loans, Swing Line Loans, Loans and Revolving L/C Obligations then outstanding and the amounts available to be drawn under outstanding Letters of Credit exceeds the amount of the Revolving Credit Commitments and any Incremental Revolving Commitments, as then reduced, the Company Borrower shall be required to make a prepayment equal to such excess amount, the proceeds of which shall be applied applied, first, to payment of the Swing Line Loans then outstanding, second, to payment of the Revolving Credit Loans then outstanding, third, to payment of any Revolving L/C Obligations then outstanding, third to payment of the Revolving Credit Loans then outstanding and lastfourth, to cash collateralize any outstanding Letters of Credit on terms reasonably satisfactory to the Administrative Agent. Any such termination of the Revolving Credit Commitments and any Incremental Revolving Commitments shall be accompanied by prepayment in full of the Revolving Credit Loans, Swing Line Loans and Revolving L/C Obligations then outstanding in excess of the then outstanding Revolving Credit Commitments and any Incremental Revolving Commitments after giving effect to such reduction and by cash collateralization of any outstanding Letter Letters of Credit on terms reasonably satisfactory to the Administrative Agent. Upon termination of the Revolving Credit Commitments and any Incremental Revolving Commitments, any Letter of Credit then outstanding which that has been so cash collateralized shall no longer be considered a “Letter of Credit”, ” as defined in Section subsection 1.1 and any L/C Participating Interests heretofore granted by the Issuing Lender to the Lenders in such Letter of Credit shall be deemed terminated (subject to automatic reinstatement in the event that such cash collateral is returned and the Issuing Lender is not fully reimbursed for any such Revolving L/C Obligations) but the Letter of Credit fees payable under Section 5.11 subsection 3.9 shall continue to accrue to the Issuing Lender and the Participating Lenders (or, in the event of any such automatic reinstatement, as provided in Section 5.11subsection 3.9) with respect to such Letter of Credit until the expiry thereofthereof (provided that in lieu of paying a Standby L/C or Commercial L/C fee, as the case may be, equal to the Applicable Margin for Revolving Credit Loans which are Eurodollar Loans per annum, Borrower shall pay to the Administrative Agent an amount equal to 0.25% per annum).
(b) Interest accrued on the amount of any partial prepayment pursuant to this Section 5.4 to the date of such partial prepayment shall be paid on the Interest Payment Date next succeeding the date of such partial prepayment. In the case of the termination of the Revolving Credit Commitments, Incremental Revolving Commitments and/or Term Loan Commitment, interest accrued on the amount of any prepayment relating thereto and any unpaid commitment fee accrued hereunder shall be paid on the date of such termination. Any such partial reduction of the Revolving Credit Commitments, Incremental Revolving Commitments and/or Term Loan Commitment, shall be in an amount of $1,000,000 or a whole multiple of $500,000 100,000 in excess thereofthereof and shall, and shall in each case, reduce permanently the amount of the Revolving Credit Commitments, Incremental Revolving Commitments and/or Term Loan Commitment, then in effect.
(i) The Tranche A Term Loan Commitments, the Tranche B Term Loan Commitments and any Incremental Term Commitments shall be automatically and permanently reduced upon the making of a Tranche A Term Loan, Tranche B Term Loan or Incremental Term Loan, as the case may be, by the amount of such Loan, (ii) the Tranche A Term Loan Commitments that remain outstanding on the Second Draw Date, after giving effect to all Tranche A Term Loans made through and including the Second Draw Date, shall be automatically and permanently terminated, (iii) the Incremental Term Commitments under any Incremental Facility shall be terminated effective as of the day after the effective date of the Incremental Loan Amendment relating thereto, and (iv) the Tranche A Term Loan Commitments and the Tranche B Term Loan Commitments that remain outstanding on the earlier to occur of (A) the APA Termination Date and (B) the date which is six months after the Closing Date, after giving effect to all Term Loans made on such earlier date or prior thereto, shall be automatically and permanently terminated.
(d) The Revolving Credit Commitments shall be automatically and permanently reduced:
(i) on the fifth anniversary of the Closing Date, if the aggregate Revolving Credit Commitments are greater than $67,500,000 at such time, to $67,500,000; and
(ii) notwithstanding anything to the contrary, on June 30, 2004 to $0, if the Closing Date has not occurred on such date or prior thereto.
Appears in 1 contract
Samples: Credit Agreement (Atlantic Broadband Management, LLC)
Changes of Commitment Amounts. (a) The Company Company, as agent for ----------------------------- the Borrowers, shall have the right, upon not less than three Business Days’ ' notice to the Administrative Agent, to terminate or, or from time to time, time to permanently reduce the Revolving Credit Commitments Commitments, subject to the provisions of this Section 5.4subsection 3.3. To the extent, if any, that the sum of the amount of the Revolving Credit Loans, Swing Line Loans, and Revolving L/C Obligations then outstanding and the outstanding, amounts then available to be drawn under outstanding Letters of Credit and Revolving Synthetic Lease Obligations then outstanding exceeds the amount of the Revolving Credit Commitments as then reduced, the Company Company, as agent for the Borrowers, shall be required to make a prepayment apply an amount equal to such excess amountamount (i) to prepay, in the order set forth in this subsection 3.3(a), the proceeds obligations hereunder and/or, at its option, (ii) to cash collateralize the Revolving Synthetic Lease Obligations and/or repurchase properties subject to the Synthetic Lease Facility. If the Company elects to have such amount applied as set forth in clause (i) of which this subsection 3.3(a), such amount shall be applied applied, first, to payment of the Swing Line Loans then outstanding, second, to payment ----- ------ of the Revolving Credit Loans then outstanding, third, to payment of any Revolving L/C ----- Obligations then outstanding, and lastfourth, to cash collateralize any outstanding ------ Letters of Credit on terms reasonably satisfactory to the Administrative Agent. Any such termination of the Revolving Credit Commitments shall be accompanied by prepayment in full of the Revolving Credit Loans, Swing Line Loans and Revolving L/C Obligations then outstanding and outstanding, by cash collateralization of any outstanding Letter Letters of Credit on terms reasonably satisfactory to the Administrative AgentAgent and by payment in full of the Synthetic Lease Obligations. Upon termination of the Revolving Credit Commitments Commitments, any Letter of Credit then outstanding which that has been so cash collateralized shall no longer be considered a “"Letter of Credit”, " as defined in Section 1.1 subsection 1.1, and any L/C Participating Interests heretofore granted by the Issuing Lender to the Lenders in such Letter of Credit shall be deemed terminated (subject to automatic reinstatement in the event that such cash collateral is returned and the Issuing Lender is not fully reimbursed for any such Revolving L/C Obligations) but the Letter of Credit fees payable under Section 5.11 subsection 2.9 shall continue to accrue to the Issuing Lender and the Participating Lenders (or, in the event of any such automatic reinstatement, as provided in Section 5.11subsection 2.9) with respect to such Letter of Credit until the expiry thereofthereof (provided -------- that in lieu of paying a Standby or Commercial L/C fee, as the case may be, at a rate per annum equal to the Applicable Margin for Revolving Credit Loans which are Eurodollar Loans, the Company shall pay to the Administrative Agent an amount equal to .25% per annum).
(b) Interest accrued on the amount of any partial prepayment pursuant to this Section 5.4 to the date of such partial prepayment shall be paid on the Interest Payment Date next succeeding the date of such partial prepayment. In the case of the termination of the Revolving Credit Commitments, interest accrued on the amount of any prepayment relating thereto and any unpaid commitment fee accrued hereunder shall be paid on the date of such termination. Any such partial reduction of the Revolving Credit Commitments shall be in an amount of $1,000,000 2,000,000 or a whole multiple of $500,000 1,000,000 in excess thereofthereof and shall, and shall in each case, reduce permanently the amount of the Revolving Credit Commitments then in effect.
Appears in 1 contract
Changes of Commitment Amounts. (a) The Company shall have the right, upon not less than three Business Days’ ' notice to the Administrative Agent, to terminate or, from time to time, reduce the Revolving Credit Commitments and/or the undrawn portion of the Term Loan Commitments subject to the provisions of this Section subsection 5.4. To the extent, if any, that the sum of the Revolving Credit Loans, Swing Line Loans, and Revolving L/C Obligations then outstanding and the amounts available to be drawn under outstanding Letters of Credit exceeds the amount of the Revolving Credit Commitments as then reduced, the Company shall be required to make a prepayment equal to such excess amount, the proceeds of which shall be applied first, to payment of the Swing Line Loans then outstanding, second, to payment of the Revolving Credit Loans then outstanding, third, to payment of any Revolving L/C Obligations then outstanding, and last, to cash collateralize any outstanding Letters of Credit on terms reasonably satisfactory to the Administrative Agent. Any such termination of the Revolving Credit Commitments shall be accompanied by prepayment in full of the Revolving Credit Loans, Swing Line Loans and Revolving L/C Obligations then outstanding and by cash collateralization of any outstanding Letter of Credit on terms reasonably satisfactory to the Administrative Agent. Upon termination of the Revolving Credit Commitments any Letter of Credit then outstanding which has been so cash collateralized shall no longer be considered a “"Letter of Credit”", as defined in Section subsection 1.1 and any L/C Participating Interests heretofore granted by the Issuing Lender to the Lenders in such Letter of Credit shall be deemed terminated (subject to automatic reinstatement in the event that such cash collateral is returned and the Issuing Lender is not fully reimbursed for any such Revolving L/C Obligations) but the Letter of Credit fees payable under Section subsection 5.11 shall continue to accrue to the Issuing Lender (or, in the event of any such automatic reinstatement, as provided in Section subsection 5.11) with respect to such Letter of Credit until the expiry thereof.
(b) Interest accrued on the amount of any partial prepayment pursuant to this Section subsection 5.4 to the date of such partial prepayment shall be paid on the Interest Payment Date next succeeding the date of such partial prepayment. In the case of the termination of the Revolving Credit Commitments, interest accrued on the amount of any prepayment relating thereto and any unpaid commitment fee accrued hereunder shall be paid on the date of such termination. Any such partial reduction of the Revolving Credit Commitments shall be in an amount of $1,000,000 or a whole multiple of $500,000 in excess thereof, and shall reduce permanently the Revolving Credit Commitments then in effect.
(c) On the last day of the Tranche B Term Loan Availability Period, any portion of the Tranche B Term Loan Commitments which have not theretofore been funded pursuant to subsection 2.1 shall terminate automatically and without any further action by any party hereto.
Appears in 1 contract
Samples: Credit Agreement (Be Aerospace Inc)
Changes of Commitment Amounts. (a) The Company shall have the right, upon not less than three Business Days’ ' notice to the Administrative Agent, to terminate or, from time to time, reduce the Revolving Credit Commitments subject to the provisions unused portions of this Section 5.4Working Capital Commitments. To the extent, if any, that the sum of the Revolving Credit Loans, Swing Line Loans, Working Capital Loan Exposure and Revolving L/C Obligations then outstanding and the amounts available to be drawn under outstanding Letters of Credit Exposure exceeds the amount of the Revolving Credit Working Capital Commitments as then reduced, the Company shall be required to make a prepayment equal to such the excess amount, the proceeds of which shall be applied first, to payment payments of the Swing Line Working Capital Loans then outstanding, second, to payment of the Revolving Credit Loans then outstanding, third, to payment of any Revolving L/C Obligations then outstandingObligations, and last, to cash collateralize any outstanding Letters of Credit on terms reasonably satisfactory to the Administrative AgentRequired Banks. Any such complete termination of the Revolving Credit Commitments Working Capital Commitment shall be accompanied by prepayment in full of the Revolving Credit Loans, Swing Line Working Capital Loans and Revolving L/C Obligations then outstanding and by cash collateralization of any outstanding Letter Letters of Credit on terms reasonably satisfactory to the Administrative Agent. Upon the complete termination of the Revolving Credit Commitments Working Capital Commitments, any Letter of Credit then outstanding which has been so fully cash collateralized shall no longer be considered a “"Letter of Credit”, " as defined in Section subsection 1.1 and (i) if such Letter of Credit is a Standby L/C, then fees will be due in an amount equal to one percent (1%) per annum on the amount available to be drawn under each such Standby L/C and (ii) any L/C Participating Interests heretofore granted by the Issuing Lender Bank to the Lenders Banks in such Letter of Credit shall be deemed terminated (subject terminated. With respect to automatic reinstatement in Letters of Credit, "fully cash collateralized" shall mean that the event that such contingent obligation of the Company to reimburse the Issuing Bank for any subsequent drawings thereafter made shall be fully secured beforehand by cash collateral is returned and specifically held by the Issuing Lender is not fully reimbursed Agent for any such Revolving L/C Obligations) but the Letter of Credit fees payable under Section 5.11 shall continue to accrue purposes in an amount equal to the Issuing Lender (or, in the event undrawn amount of any such automatic reinstatement, as provided in Section 5.11) with respect to such Letter of Credit until the expiry thereof.
(b) Interest accrued on the amount of any partial prepayment pursuant to this Section 5.4 or otherwise be secured in a manner acceptable to the date of such partial prepayment shall be paid on the Interest Payment Date next succeeding the date of such partial prepayment. In the case of the termination of the Revolving Credit Commitments, interest accrued on the amount of any prepayment relating thereto and any unpaid commitment fee accrued hereunder shall be paid on the date of such terminationIssuing Bank. Any such partial reduction of the Revolving Credit Working Capital Commitments shall be in an amount of $1,000,000 250,000 or a whole multiple of $500,000 50,000 in excess thereof, thereof and shall in each case reduce permanently the Revolving Credit Working Capital Commitments then in effect.
Appears in 1 contract
Changes of Commitment Amounts. (a) The Company shall have the right, upon not less than three five Business Days’ ' notice to the Administrative Agent, to terminate or, or from time to time, time to permanently reduce the Revolving Credit Commitments Commitments, subject to the provisions of this Section 5.4subsection 4.3. To the extent, if any, that the sum of the amount of the Revolving Credit Loans, Swing Line Loans, Loans and Revolving L/C Obligations then outstanding and the amounts available to be drawn under outstanding Letters of Credit exceeds the amount of the Revolving Credit Commitments as then reduced, the Company shall be required to make a prepayment equal to such excess amount, the proceeds of which shall be applied first, to payment of the Swing Line Loans then outstanding, second, to payment of the Revolving Credit Loans then outstanding, third, to payment of any Revolving L/C Obligations then outstanding, and lastfourth, to cash collateralize any outstanding Letters of Credit on terms reasonably satisfactory to the Administrative Agent. Any such termination of the Revolving Credit Commitments shall be accompanied by prepayment in full of the Revolving Credit Loans, Swing Line Loans and Revolving L/C Obligations then outstanding and by cash collateralization of any outstanding Letter Letters of Credit on terms reasonably satisfactory to the Administrative Agent. Upon termination of the Revolving Credit Commitments Commitments, any Letter of Credit then outstanding which has been so cash collateralized shall no longer be considered a “"Letter of Credit”, " as defined in Section subsection 1.1 and any L/C Participating Interests heretofore granted by the Issuing Lender to the Lenders in such Letter of Credit shall be deemed terminated (subject to automatic reinstatement in the event that such cash collateral is returned and the Issuing Lender is not fully reimbursed for any such Revolving L/C Obligations) but the Letter of Credit fees payable under Section 5.11 subsection 3.9 shall continue to accrue to the Issuing Lender and the Participating Lenders (or, in the event of any such automatic reinstatement, as provided in Section 5.11subsection 3.9) with respect to such Letter of Credit until the expiry thereof.
(b) Interest accrued on the amount of any partial prepayment pursuant to this Section 5.4 to the date of such partial prepayment shall be paid on the Interest Payment Date next succeeding the date of such partial prepayment. In the case of the termination of the Revolving Credit Commitments, interest accrued on the amount of any prepayment relating thereto and any unpaid commitment fee accrued hereunder shall be paid on the date of such termination. Any such partial reduction of the Revolving Credit Commitments shall be in an amount of $1,000,000 or a whole multiple of $500,000 in excess thereof, and shall reduce permanently the Revolving Credit Commitments then in effect.
Appears in 1 contract
Changes of Commitment Amounts. (a) The Company Borrower shall have the right, upon not less than three Business Days’ notice to the Administrative Agent, at any time subsequent to the Closing Date, to terminate or, or from time to time, time to permanently reduce the Revolving Credit Commitments and any Incremental Revolving Credit Commitments in whole or in part, subject to the provisions of this Section 5.4subsection 4.3. To the extent, if any, that the sum of the amount of the Revolving Credit Loans, Swing Line Loans, Loans and Revolving L/C Obligations then outstanding and the amounts available to be drawn under outstanding Letters of Credit exceeds the amount of the Revolving Credit Commitments and any Incremental Revolving Credit Commitments, as then reduced, the Company Borrower shall be required to make a prepayment equal to such excess amount, the proceeds of which shall be applied applied, first, to payment of the Swing Line Loans any L/C Obligations then outstanding, second, second to payment of the Revolving Credit Loans then outstanding, outstanding and third, to payment of any Revolving L/C Obligations then outstanding, and last, to cash collateralize any outstanding Letters of Credit on terms reasonably satisfactory to the Issuing Lender and the Administrative Agent. Any such termination of the Revolving Credit Commitments and any Incremental Revolving Credit Commitments shall be accompanied by prepayment in full of the Revolving Credit Loans, Swing Line Loans and Revolving L/C Obligations then outstanding in excess of the then outstanding Revolving Credit Commitments and any Incremental Revolving Credit Commitments after giving effect to such reduction and by (x) replacement or backstop of all Letters of Credit with alternate letters of credit reasonably satisfactory to the Administrative Agent and the Issuing Lender or (y) cash collateralization of any outstanding Letter Letters of Credit on terms reasonably satisfactory to the Issuing Lender and Administrative Agent. Upon termination of the Revolving Credit Commitments and any Incremental Revolving Credit Commitments, any Letter of Credit then outstanding which that has been so cash collateralized collateralized, backstopped or replaced shall no longer be considered a “Letter of Credit”, ” as defined in Section subsection 1.1 and any L/C Participating Interests heretofore granted by the Issuing Lender to the Lenders prior to the Closing Date in such Letter of Credit shall be deemed terminated (subject to automatic reinstatement in the event that such cash collateral is returned and the Issuing Lender is not fully reimbursed for any such Revolving L/C Obligations) but the Letter of Credit fees payable under Section 5.11 subsection 3.8 shall continue to accrue to the Issuing Lender and the Participating Lenders (or, in the event of any such automatic reinstatement, as provided in Section 5.11subsection 3.8) with respect to such Letter of Credit until the expiry thereofthereof (provided that in lieu of paying a Letter of Credit fee equal to the Applicable Margin for Revolving Credit Loans which are LIBOR Loans per annum, Borrower shall pay to the Issuing Lender an amount equal to 0.25% per annum).
(b) Interest accrued on the amount of any partial prepayment pursuant to this Section 5.4 to the date of such partial prepayment shall be paid on the Interest Payment Date next succeeding the date of such partial prepayment. In the case of the termination of the Revolving Credit Commitments and/or Incremental Revolving Credit Commitments, interest accrued on the amount of any prepayment relating thereto and any unpaid commitment fee accrued hereunder shall be paid on the date of such termination. Any such partial reduction of the Revolving Credit Commitments shall be in an amount of $1,000,000 or a whole multiple of $500,000 in excess thereof, and shall reduce permanently the Revolving Credit Commitments then in effect.such
Appears in 1 contract
Samples: Credit Agreement (Clearwater Analytics Holdings, Inc.)
Changes of Commitment Amounts. (a) The Company shall have the right, upon not less than three Business Days’ ' notice to the Administrative Agent, to terminate or, or from time to time, time to permanently reduce the Revolving Credit Commitments Commitments, subject to the provisions of this Section 5.4subsection 4.3. To the extent, if any, that the sum of the amount of the Revolving Credit Loans, Swing Line Loans, Loans and Revolving L/C Obligations then outstanding and the amounts available to be drawn under outstanding Letters of Credit exceeds the amount of the Revolving Credit Commitments as then reduced, the Company shall be required to make a prepayment equal to such excess amount, the proceeds of which shall be applied applied, first, to payment of the Swing Line Loans then outstanding, second, to payment of the Revolving Credit Loans then outstanding, third, to payment of any Revolving L/C Obligations then outstanding, and lastfourth, to cash collateralize any outstanding Letters of Credit on terms reasonably satisfactory to the Administrative Agent. Any such termination of the Revolving Credit Commitments shall be accompanied by prepayment in full of the Revolving Credit Loans, Swing Line Loans and Revolving L/C Obligations then outstanding and by cash collateralization of any outstanding Letter Letters of Credit on terms reasonably satisfactory to the Administrative Agent. Upon termination of the Revolving Credit Commitments Commitments, any Letter of Credit then outstanding which that has been so cash collateralized shall no longer be considered a “"Letter of Credit”, " as defined in Section subsection 1.1 and any L/C Participating Interests heretofore granted by the Issuing Lender to the Lenders in such Letter of Credit shall be deemed terminated (subject to automatic reinstatement in the event that such cash collateral is returned and the Issuing Lender is not fully reimbursed for any such Revolving L/C Obligations) but the Letter of Credit fees payable under Section 5.11 subsection 3.9 shall continue to accrue to the Issuing Lender and the Participating Lenders (or, in the event of any such automatic reinstatement, as provided in Section 5.11subsection 3.9) with respect to such Letter of Credit until the expiry thereof.
thereof (b) Interest accrued on provided that in lieu of paying a Standby or Commercial L/C fee, as the amount of any partial prepayment pursuant to this Section 5.4 case may be, equal to the date of such partial prepayment shall be paid on the Interest Payment Date next succeeding the date of such partial prepayment. In the case of the termination of the Applicable Margin for Revolving Credit CommitmentsLoans which are Eurodollar Loans per annum, interest accrued on the amount of any prepayment relating thereto and any unpaid commitment fee accrued hereunder Company shall be paid on pay to the date of such termination. Any such partial reduction of the Revolving Credit Commitments shall be in Administrative Agent an amount of $1,000,000 or a whole multiple of $500,000 in excess thereof, and shall reduce permanently the Revolving Credit Commitments then in effectequal to .25% per annum).
Appears in 1 contract
Changes of Commitment Amounts. (a) The Company shall have the right, upon not less than three Business Days’ ' notice to the Administrative Agent, to terminate or, from time to time, permanently reduce the Revolving Credit Commitments Commitments, subject to the provisions of this Section 5.4subsection 4.3. To the extent, if any, that the sum of the amount of the Revolving Credit Loans, Swing Line Loans, Loans and Revolving L/C Obligations then outstanding and the amounts available to be drawn under outstanding Letters of Credit exceeds the amount of the Revolving Credit Commitments as then reduced, the Company shall be required to make a prepayment equal to such excess amount, the proceeds of which shall be applied first, to payment of the Swing Line Loans then outstanding, second, to payment of the Revolving Credit Loans then outstanding, third, to payment of any Revolving L/C Obligations then outstanding, and lastfourth, to cash collateralize any outstanding Letters of Credit on terms reasonably satisfactory to the Administrative Agent. Any such termination of the Revolving Credit Commitments shall be accompanied by prepayment in full of the Revolving Credit Loans, Swing Line Loans and Revolving L/C Obligations then outstanding and by cash collateralization of any outstanding Letter Letters of Credit on terms reasonably satisfactory to the Administrative Agent. Upon termination of the Revolving Credit Commitments Commitments, any Letter of Credit then outstanding which has been so cash collateralized shall no longer be considered a “"Letter of Credit”, " as defined in Section subsection 1.1 and any L/C Participating Interests heretofore granted by the Issuing Lender to the Lenders in such Letter of Credit shall be deemed terminated (subject to automatic reinstatement in the event that such cash collateral is returned and the Issuing Lender is not fully reimbursed for any such Revolving L/C Obligations) but the Letter of Credit fees payable under Section 5.11 subsection 3.9 shall continue to accrue to the Issuing Lender and the Participating Lenders (or, in the event of any such automatic reinstatement, as provided in Section 5.11subsection 3.9) with respect to such Letter of Credit until the expiry thereof.
(b) Interest accrued on the amount of any partial prepayment pursuant to this Section 5.4 to the date of such partial prepayment shall be paid on the Interest Payment Date next succeeding the date of such partial prepayment. In the case of the termination of the Revolving Credit Commitments, interest accrued on the amount of any prepayment relating thereto and any unpaid commitment fee accrued hereunder shall be paid on the date of such termination. Any such partial reduction of the Revolving Credit Commitments shall be in an amount of $1,000,000 or a whole multiple of $500,000 in excess thereof, and shall reduce permanently the Revolving Credit Commitments then in effect.38 EXECUTION COPY
Appears in 1 contract
Samples: Credit Agreement (CSK Auto Corp)
Changes of Commitment Amounts. (a) The Company shall have the right, upon not less than three Business Days’ notice to the Administrative Agent, to terminate or, from time to time, reduce the Revolving Credit Commitments subject to the provisions of this Section 5.4. To the extent, if any, that the sum of the Revolving Credit Loans, Swing Line Loans, and Revolving L/C Obligations then outstanding and the Dollar Equivalent of the amounts available to be drawn under outstanding Letters of Credit exceeds the amount of the Revolving Credit Commitments as then reduced, the Company shall be required to make a prepayment equal to such excess amount, the proceeds of which shall be applied first, to payment of the Swing Line Loans then outstanding, second, to payment of the Revolving Credit Loans then outstanding, third, to payment of any Revolving L/C Obligations then outstanding, and last, to cash collateralize Cash Collateralize any outstanding Letters of Credit on terms reasonably satisfactory to the Administrative Agent. Any such termination of the Revolving Credit Commitments shall be accompanied by prepayment in full of the Revolving Credit Loans, Swing Line Loans and Revolving L/C Obligations then outstanding and by cash collateralization of any outstanding Letter of Credit on terms reasonably satisfactory to the Administrative Agent. Upon termination of the Revolving Credit Commitments any Letter of Credit then outstanding which has been so cash collateralized Cash Collateralized shall no longer be considered a “Letter of Credit”, as defined in Section 1.1 and any L/C Participating Interests heretofore granted by the Issuing Lender to the Lenders in such Letter of Credit shall be deemed terminated (subject to automatic reinstatement in the event that such cash collateral is returned and the Issuing Lender is not fully reimbursed for any such Revolving L/C Obligations) but the Letter of Credit fees payable under Section 5.11 shall continue to accrue to the Issuing Lender (or, in the event of any such automatic reinstatement, as provided in Section 5.11) with respect to such Letter of Credit until the expiry thereof.
(b) Interest accrued on the amount of any partial prepayment pursuant to this Section 5.4 to the date of such partial prepayment shall be paid on the Interest Payment Date next succeeding the date of such partial prepayment. In the case of the termination of the Revolving Credit Commitments, interest accrued on the amount of any prepayment relating thereto and any unpaid commitment fee Commitment Fee accrued hereunder shall be paid on the date of such termination. Any such partial reduction of the Revolving Credit Commitments shall be in an amount of $1,000,000 or a whole multiple of $500,000 in excess thereof, and shall reduce permanently the Revolving Credit Commitments then in effect.
Appears in 1 contract
Samples: Loan Agreement (B/E Aerospace Inc)
Changes of Commitment Amounts. (a) The Company shall have the right, upon not less than three Business Days’ ' notice to the Administrative Agent, to terminate or, from time to time, permanently reduce the Revolving Credit Commitments Commitments, subject to the provisions of this Section 5.4subsection 4.3. To the extent, if any, that the sum of the amount of the Revolving Credit Loans, Swing Line Loans, Loans and Revolving L/C Obligations then outstanding and the amounts available to be drawn under outstanding Letters of Credit exceeds the amount of the Revolving Credit Commitments as then reduced, the Company shall be required to make a prepayment equal to such excess amount, the proceeds of which shall be applied first, to payment of the Swing Line Loans then outstanding, second, to payment of the Revolving Credit Loans then outstanding, third, to payment of any Revolving L/C Obligations then outstanding, and lastfourth, to cash collateralize any outstanding Letters of Credit on terms reasonably satisfactory to the Administrative Agent. Any such termination of the Revolving Credit Commitments shall be accompanied by prepayment in full of the Revolving Credit Loans, Swing Line Loans and Revolving L/C Obligations then outstanding and by cash collateralization of any outstanding Letter Letters of Credit on terms reasonably satisfactory to the Administrative Agent. Upon termination of the Revolving Credit Commitments Commitments, any Letter of Credit then outstanding which has been so cash collateralized shall no longer be considered a “"Letter of Credit”, " as defined in Section subsection 1.1 and any L/C Participating Interests heretofore granted by the Issuing Lender to the Lenders in such Letter of Credit shall be deemed terminated (subject to automatic reinstatement in the event that such cash collateral is returned and the Issuing Lender is not fully reimbursed for any such Revolving L/C Obligations) but the Letter of Credit fees payable under Section 5.11 subsection 3.9 shall continue to accrue to the Issuing Lender and the Participating Lenders (or, in the event of any such automatic reinstatement, as provided in Section 5.11subsection 3.9) with respect to such Letter of Credit until the expiry thereof.
(b) Interest accrued on the amount of any partial prepayment pursuant to this Section 5.4 to the date of such partial prepayment shall be paid on the Interest Payment Date next succeeding the date of such partial prepayment. In the case of the termination of the Revolving Credit Commitments, interest accrued on the amount of any prepayment relating thereto and any unpaid commitment fee accrued hereunder shall be paid on the date of such termination. Any such partial reduction of the Revolving Credit Commitments shall be in an amount of $1,000,000 or a whole multiple of $500,000 in excess thereof, and shall reduce permanently the Revolving Credit Commitments then in effect.
Appears in 1 contract
Samples: Credit Agreement (CSK Auto Corp)
Changes of Commitment Amounts. (a) The Company shall have the right, upon not less than three five Business Days’ ' notice to the Administrative Agent, to terminate or, from time to time, permanently reduce the Revolving Credit Commitments Commitments, subject to the provisions of this Section 5.4subsection 4.3. To the extent, if any, that the sum of the amount of the Revolving Credit Loans, Swing Line Loans, Loans and Revolving L/C Obligations then outstanding and the amounts available to be drawn under outstanding Letters of Credit exceeds the amount of the Revolving Credit Commitments as then reduced, the Company shall be required to make a prepayment equal to such excess amount, the proceeds of which shall be applied firstFIRST, to payment of the Swing Line Loans then outstanding, secondSECOND, to payment of the Revolving Credit Loans then outstanding, thirdTHIRD, to payment of any Revolving L/C Obligations then outstanding, and lastFOURTH, to cash collateralize any outstanding Letters of Credit on terms reasonably satisfactory to the Administrative Agent. Any such termination of the Revolving Credit Commitments shall be accompanied by prepayment in full of the Revolving Credit Loans, Swing Line Loans and Revolving L/C Obligations then outstanding and by cash collateralization of any outstanding Letter Letters of Credit on terms reasonably satisfactory to the Administrative Agent. Upon termination of the Revolving Credit Commitments Commitments, any Letter of Credit then outstanding which has been so cash collateralized shall no longer be considered a “"Letter of Credit”, " as defined in Section subsection 1.1 and any L/C Participating Interests heretofore granted by the Issuing Lender to the Lenders in such Letter of Credit shall be deemed terminated (subject to automatic reinstatement in the event that such cash collateral is returned and the Issuing Lender is not fully reimbursed for any such Revolving L/C Obligations) but the Letter of Credit fees payable under Section 5.11 subsection 3.9 shall continue to accrue to the Issuing Lender and the Participating Lenders (or, in the event of any such automatic reinstatement, as provided in Section 5.11subsection 3.9) with respect to such Letter of Credit until the expiry thereof.
(b) Interest accrued on the amount of any partial prepayment pursuant to this Section 5.4 to the date of such partial prepayment shall be paid on the Interest Payment Date next succeeding the date of such partial prepayment. In the case of the termination of the Revolving Credit Commitments, interest accrued on the amount of any prepayment relating thereto and any unpaid commitment fee accrued hereunder shall be paid on the date of such termination. Any such partial reduction of the Revolving Credit Commitments shall be in an amount of $1,000,000 or a whole multiple of $500,000 in excess thereof, and shall reduce permanently the Revolving Credit Commitments then in effect.
Appears in 1 contract
Samples: Credit Agreement (Prime Service Inc)
Changes of Commitment Amounts. (a) The Company shall have the right, upon not less than three Business Days’ ' notice to the Administrative Agent, to terminate or, from time to time, permanently reduce the Revolving Credit Commitments Commitments, subject to the provisions of this Section 5.4. subsection 3.3.
(b) To the extent, if any, that the sum of the amount of the Revolving Credit Loans, Swing Line Loans, and Revolving L/C Obligations and Swing Line Loans then outstanding and the amounts available to be drawn under outstanding Letters of Credit exceeds the amount of the Revolving Credit Commitments as then reducedin effect, the Company shall be required to make a prepayment equal to such excess amount, the proceeds of which shall be applied first, to payment of the Swing Line Loans then outstanding, second, to payment of the Revolving Credit Loans then outstanding, third, to payment of any Revolving L/C Obligations then outstanding, and last, to cash collateralize any outstanding Letters of Credit on terms reasonably satisfactory to the Administrative Agent. Any such termination of the Revolving Credit Commitments shall be accompanied by prepayment in full of the Revolving Credit Loans, Swing Line Loans and Revolving L/C Obligations then outstanding and by cash collateralization of any outstanding Letter Letters of Credit on terms reasonably satisfactory to the Administrative Agent. Upon termination of the Revolving Credit Commitments Commitments, any Letter of Credit then outstanding which has been so cash collateralized shall no longer be considered a “"Letter of Credit”, " as defined in Section subsection 1.1 and any L/C Participating Interests heretofore granted by the Issuing Lender Chase to the Lenders Banks in such Letter of Credit shall be deemed terminated (subject to automatic reinstatement in the event that such cash collateral is returned and the Issuing Lender Chase is not fully reimbursed for any such Revolving L/C Obligations) but the Letter of Credit fees payable under Section 5.11 subsection 2.9 shall continue to accrue to the Issuing Lender Chase (or, in the event of any such automatic reinstatement, as provided in Section 5.11subsection 2.9) with respect to such Letter of Credit until the expiry thereof.
(b) Interest accrued on the amount of any partial prepayment pursuant to this Section 5.4 to the date of such partial prepayment shall be paid on the Interest Payment Date next succeeding the date of such partial prepayment. In the case of the termination of the Revolving Credit Commitments, interest accrued on the amount of any prepayment relating thereto and any unpaid commitment fee accrued hereunder shall be paid on the date of such termination. Any such partial reduction of the Revolving Credit Commitments shall be in an amount of $1,000,000 or a whole multiple of $500,000 in excess thereof, and shall reduce permanently the Revolving Credit Commitments then in effect.
Appears in 1 contract
Samples: Credit Agreement (Saks Holdings Inc)
Changes of Commitment Amounts. (a) The Company Borrower shall have the right, upon not less than three Business Days’ notice to the Administrative Agent, to terminate or, from time to time, reduce the Revolving Credit Commitments subject to the provisions of this Section 5.4subsection 4.4. To the extent, if any, that the sum of the amount of the Revolving Credit Loans, Swing Line Loans, and Revolving L/C Obligations then outstanding and the amounts available to be drawn under outstanding Letters of Credit exceeds the amount of the Revolving Credit Commitments as then reduced, the Company Borrower shall be required to make a prepayment equal to such excess amount, the proceeds of which shall be applied first, to payment of the Swing Line Loans then outstanding, second, to payment of the Revolving Credit Loans then outstanding, third, to payment of any Revolving L/C Obligations then outstanding, and last, to cash collateralize any outstanding Letters of Credit on terms reasonably satisfactory to the Administrative Agent. Any such termination of the Revolving Credit Commitments shall be accompanied by prepayment in full of the Revolving Credit Loans, Swing Line Loans and Revolving L/C Obligations then outstanding and by cash collateralization of any outstanding Letter of Credit on terms reasonably satisfactory to the Administrative Agent. Upon termination of the Revolving Credit Commitments any Letter of Credit then outstanding which has been so cash collateralized shall no longer be considered a “Letter of Credit”, as defined in Section subsection 1.1 and any L/C Participating Interests heretofore granted by the Issuing Lender to the Lenders in such Letter of Credit shall be deemed terminated (subject to automatic reinstatement in the event that such cash collateral is returned and the Issuing Lender is not fully reimbursed for any such Revolving L/C Obligations) but the Letter of Credit fees payable under Section 5.11 subsection 4.11 shall continue to accrue to the Issuing Lender (or, in the event of any such automatic reinstatement, as provided in Section 5.11subsection 4.11) with respect to such Letter of Credit until the expiry thereof.
(b) Interest accrued on the amount of any partial prepayment pursuant to this Section 5.4 subsection 4.4 to the date of such partial prepayment shall be paid on the Interest Payment Date next succeeding the date of such partial prepayment. In the case of the termination of the Revolving Credit Commitments, interest accrued on the amount of any prepayment relating thereto and any unpaid commitment fee accrued hereunder shall be paid on the date of such termination. Any such partial reduction of the Revolving Credit Commitments shall be in an amount of $1,000,000 3,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof, and shall reduce permanently the Revolving Credit Commitments then in effect.
Appears in 1 contract
Changes of Commitment Amounts. (a) The Company shall have the right, upon not less than three (3) Business Days’ notice to the Administrative Agent, to terminate or, from time to time, reduce the Revolving Credit Commitments subject to the provisions of this Section 5.4. To the extent, if any, that the sum of the Revolving Credit Loans, Swing Line Loans, Loans and Revolving L/C Obligations then outstanding and the amounts available to be drawn under outstanding Letters of Credit exceeds the amount of Line Cap (after giving effect to the Revolving Credit Commitments as then reduced), the Company shall be required to make a prepayment equal to such excess amount, the proceeds of which shall be applied first, to payment of the Swing Line Loans then outstandingprepay any Protective Advances, second, to payment of the Revolving Credit Loans then outstanding, third, to payment of any Revolving L/C Obligations then outstanding, and lastfourth, to cash collateralize Cash Collateralize any outstanding Letters of Credit on terms reasonably satisfactory to the Administrative Agent. Any such termination of the Revolving Credit Commitments shall be accompanied by prepayment in full of the Revolving Credit Loans, Swing Line Loans and Revolving L/C Obligations then outstanding and by cash collateralization Cash Collateralization of any outstanding Letter of Credit on terms reasonably satisfactory to the Administrative AgentAgent by way of a deposit with the Administrative Agent into the Cash Collateral Account an amount of cash collateral equal to 105% of the aggregate undrawn stated amount of all outstanding Letters of Credit as security for the Finance Obligations to the extent that such Letters of Credit are not otherwise paid or cash collateralized at such time. Upon termination of the Revolving Credit Commitments Commitments, any Letter of Credit then outstanding which has been so cash collateralized Cash Collateralized shall no longer be considered a “Letter of Credit”, as defined in Section 1.1 and any L/C Participating Interests heretofore granted by the Issuing Lender to the Lenders in such Letter of Credit shall be deemed terminated (subject to automatic reinstatement in the event that such cash collateral is returned and the Issuing Lender is not fully reimbursed for any such Revolving L/C Obligations) ), but the Letter of Credit fees payable under Section 5.11 shall continue to accrue to the Issuing Lender (or, in the event of any such automatic reinstatement, as provided in Section 5.11) with respect to such Letter of Credit until the expiry thereof.
(b) Interest accrued on the amount of any partial prepayment pursuant to this Section 5.4 to the date of such partial prepayment shall be paid on the Interest Payment Date next succeeding the date of such partial prepayment. In the case of the termination of the Revolving Credit Commitments, interest accrued on the amount of any prepayment relating thereto and any unpaid commitment fee Commitment Fee accrued hereunder shall be paid on the date of such termination. Any such partial reduction of the Revolving Credit Commitments shall be in an amount of $1,000,000 or a whole multiple of $500,000 in excess thereof, and shall reduce permanently the Revolving Credit Commitments then in effect.
Appears in 1 contract
Samples: Credit Agreement (KLX Energy Services Holdings, Inc.)
Changes of Commitment Amounts. (a) The Company shall have the right, upon not less than three Business Days’ notice to the Administrative Agent, to terminate or, from time to time, reduce the Revolving Credit Commitments subject to the provisions of this Section 5.4. To the extent, if any, that the sum of the Revolving Credit Loans, Swing Line Loans, and Revolving L/C Obligations then outstanding and the Dollar Equivalent of the amounts available to be drawn under outstanding Letters of Credit exceeds the amount of Line Cap (after giving effect to the Revolving Credit Commitments as then reduced), the Company shall be required to make a prepayment equal to such excess amount, the proceeds of which shall be applied first, to prepay any Protective Advances, second, to payment of the Swing Line Loans then outstanding, secondthird, to payment of the Revolving Credit Loans then outstanding, thirdfourth, to payment of any Revolving L/C Obligations then outstanding, and lastfifth, to cash collateralize Cash Collateralize any outstanding Letters of Credit on terms reasonably satisfactory to the Administrative Agent. Any such termination of the Revolving Credit Commitments shall be accompanied by prepayment in full of the Revolving Credit Loans, Swing Line Loans and Revolving L/C Obligations then outstanding and by cash collateralization of any outstanding Letter of Credit on terms reasonably satisfactory to the Administrative Agent. Upon termination of the Revolving Credit Commitments any Letter of Credit then outstanding which has been so cash collateralized Cash Collateralized shall no longer be considered a “Letter of Credit”, as defined in Section 1.1 and any L/C Participating Interests heretofore granted by the Issuing Lender to the Lenders in such Letter of Credit shall be deemed terminated (subject to automatic reinstatement in the event that such cash collateral is returned and the Issuing Lender is not fully reimbursed for any such Revolving L/C Obligations) but the Letter of Credit fees payable under Section 5.11 shall continue to accrue to the Issuing Lender (or, in the event of any such automatic reinstatement, as provided in Section 5.11) with respect to such Letter of Credit until the expiry thereof.
(b) Interest accrued on the amount of any partial prepayment pursuant to this Section 5.4 to the date of such partial prepayment shall be paid on the Interest Payment Date next succeeding the date of such partial prepayment. In the case of the termination of the Revolving Credit Commitments, interest accrued on the amount of any prepayment relating thereto and any unpaid commitment fee accrued hereunder shall be paid on the date of such termination. Any such partial reduction of the Revolving Credit Commitments shall be in an amount of $1,000,000 or a whole multiple of $500,000 in excess thereof, and shall reduce permanently the Revolving Credit Commitments then in effect.
Appears in 1 contract
Samples: Loan Agreement (KLX Inc.)
Changes of Commitment Amounts. (a) The Company shall have the right, upon not less than three Business Days’ ' notice to the Administrative Agent, to terminate or, from time to time, reduce the Revolving Credit Commitments subject to the provisions of this Section 5.4subsection 4.4. To the extent, if any, that the sum of the amount of the Revolving Credit Loans, Swing Line Loans, and Revolving L/C Obligations then outstanding and the amounts available to be drawn under outstanding Letters of Credit exceeds the amount of the Revolving Credit Commitments as then reduced, the Company shall be required to make a prepayment equal to such excess amount, the proceeds of which shall be applied firstFIRST, to payment of the Swing Line Loans then outstanding, secondSECOND, to payment of the Revolving Credit Loans then outstanding, thirdTHIRD, to payment of any Revolving L/C Obligations then outstanding, and lastLAST, to cash collateralize any outstanding Letters of Credit on terms reasonably satisfactory to the Administrative Agent. Any such termination of the Revolving Credit Commitments shall be accompanied by prepayment in full of the Revolving Credit Loans, Swing Line Loans and Revolving L/C Obligations then outstanding and by cash collateralization of any outstanding Letter of Credit on terms reasonably satisfactory to the Administrative Agent. Upon termination of the Revolving Credit Commitments Commitments, any Letter of Credit then outstanding which has been so cash collateralized shall no longer be considered a “"Letter of Credit”", as defined in Section subsection 1.1 and any L/C Participating Interests heretofore granted by the Issuing Lender to the Lenders in such Letter of Credit shall be deemed terminated (subject to automatic reinstatement in the event that such cash collateral is returned and the Issuing Lender is not fully reimbursed for any such Revolving L/C Obligations) but the Letter of Credit fees payable under Section 5.11 subsection 4.11 shall continue to accrue to the Issuing Lender (or, in the event of any such automatic reinstatement, as provided in Section 5.11subsection 4.11) with respect to such Letter of Credit until the expiry thereof.
(b) Interest accrued on the amount of any partial prepayment pursuant to this Section 5.4 subsection 4.4 to the date of such partial prepayment shall be paid on the Interest Payment Date next succeeding the date of such partial prepayment. In the case of the termination of the Revolving Credit Commitments, interest accrued on the amount of any prepayment relating thereto and any unpaid commitment fee accrued hereunder shall be paid on the date of such termination. Any such partial reduction of the Revolving Credit Commitments shall be in an amount of $1,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof, and shall reduce permanently the Revolving Credit Commitments then in effect.
Appears in 1 contract
Changes of Commitment Amounts. (a) The Company Borrower shall have the right, upon not less than three Business Days’ ' notice to the Administrative Agent, to terminate or, from time to time, reduce the Revolving Credit Commitments subject to the provisions of this Section 5.4subsection 4.4. To the extent, if any, that the sum of the amount of the Revolving Credit Loans, Swing Line Loans, and Revolving L/C Obligations then outstanding and the amounts available to be drawn under outstanding Letters of Credit exceeds the amount of the Revolving Credit Commitments as then reduced, the Company Borrower shall be required to make a prepayment equal to such excess amount, the proceeds of which shall be applied first, to payment of the Swing Line Loans then outstanding, second, to payment of the Revolving Credit Loans then outstanding, third, to payment of any Revolving L/C Obligations then outstanding, and last, to cash collateralize Cash Collateralize any outstanding Letters of Credit on terms reasonably satisfactory to the Administrative AgentCredit. Any such termination of the Revolving Credit Commitments shall be accompanied by prepayment in full of the Revolving Credit Loans, Swing Line Loans and Revolving L/C Obligations then outstanding and by cash collateralization Cash Collateralization of any outstanding Letter of Credit on terms reasonably satisfactory to the Administrative AgentCredit. Upon termination of the Revolving Credit Commitments any Letter of Credit then outstanding which has been so cash collateralized Cash Collateralized shall no longer be considered a “Letter of Credit”, as defined in Section subsection 1.1 and any L/C Participating Interests heretofore granted by the Issuing Lender to the Lenders in such Letter of Credit shall be deemed terminated (subject to automatic reinstatement in the event that such cash collateral Cash Collateral is returned and the Issuing Lender is not fully reimbursed for any such Revolving L/C Obligations) but the Letter of Credit fees payable under Section 5.11 subsection 4.11 shall continue to accrue to the Issuing Lender (or, in the event of any such automatic reinstatement, as provided in Section 5.11subsection 4.11) with respect to such Letter of Credit until the expiry thereof.
(b) Interest accrued on the amount of any partial prepayment pursuant to this Section 5.4 subsection 4.4 to the date of such partial prepayment shall be paid on the Interest Payment Date next succeeding the date of such partial prepayment. In the case of the termination of the Revolving Credit Commitments, interest accrued on the amount of any prepayment relating thereto and any unpaid commitment fee accrued hereunder shall be paid on the date of such termination. Any such partial reduction of the Revolving Credit Commitments shall be in an amount of $1,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof, and shall reduce permanently the Revolving Credit Commitments then in effectCommitments.
Appears in 1 contract
Samples: Credit Agreement
Changes of Commitment Amounts. (a) The Company shall have the right, upon not less than three Business Days’ ' notice to the Administrative Agent, to terminate or, from time to time, permanently reduce the Revolving Credit Commitments Commitments, subject to the provisions of this Section 5.4subsection 4.3. To the extent, if any, that the sum of the amount of the Revolving Credit Loans, Swing Line Loans, Loans and Revolving L/C Obligations then outstanding and the amounts available to be drawn under outstanding Letters of Credit exceeds the amount of the Revolving Credit Commitments as then reduced, the Company shall be required to make a prepayment equal to such excess amount, the proceeds of which shall be applied first, to payment of the Swing Line Loans then outstanding, second, to payment of the Revolving Credit Loans then outstanding, third, to payment of any Revolving L/C Obligations then outstanding, and lastfourth, to cash collateralize any outstanding Letters of Credit on terms reasonably satisfactory to the Administrative Agent. Any such termination of the Revolving Credit Commitments shall be accompanied by prepayment in full of the Revolving Credit Loans, Swing Line Loans and Revolving L/C Obligations then outstanding and by cash collateralization of any outstanding Letter Letters of Credit on terms reasonably satisfactory to the Administrative Agent. Upon termination of the Revolving Credit Commitments Commitments, any Letter of Credit then outstanding which has been so cash collateralized shall no longer be considered a “"Letter of Credit”, " as defined in Section subsection 1.1 and any L/C Participating Interests heretofore granted by the Issuing Lender to the Lenders in such Letter of Credit shall be deemed terminated (subject to automatic reinstatement in the event that such cash collateral is returned and the Issuing Lender is not fully reimbursed for any such Revolving L/C Obligations) but the Letter of Credit fees payable under Section 5.11 subsection 3.9 shall continue to accrue to the Issuing Lender and the Participating Lenders (or, in the event of any such automatic reinstatement, as provided in Section 5.11subsection 3.9) with respect to such Letter of Credit until the expiry thereof.
(b) Interest accrued on the amount of any partial prepayment pursuant to this Section 5.4 to the date of such partial prepayment shall be paid on the Interest Payment Date next succeeding the date of such partial prepayment. In the case of the termination of the Revolving Credit Commitments, interest accrued on the amount of any prepayment relating thereto and any unpaid commitment fee accrued hereunder shall be paid on the date of such termination. Any such partial reduction of the Revolving Credit Commitments shall be in an amount of $1,000,000 or a whole multiple of $500,000 in excess thereof, and shall reduce permanently the Revolving Credit Commitments then in effect.39 34
Appears in 1 contract
Samples: Credit Agreement (CSK Auto Corp)
Changes of Commitment Amounts. (a) The Company Borrower shall have the right, upon not less than three Business Days’ ' notice to the Administrative Agent, to terminate or, or from time to time, time to permanently reduce the Revolving Credit Commitments Commitments, subject to the provisions of this Section 5.4subsection 4.3. To the extent, if any, that the sum of the amount of the Revolving Credit Loans, Swing Line Loans, Loans and Revolving L/C Obligations then outstanding and the amounts available to be drawn under outstanding Letters of Credit exceeds the amount of the Revolving Credit Commitments as then reduced, the Company Borrower shall be required to make a prepayment equal to such excess amount, the proceeds of which shall be applied applied, first, to payment of the Swing Line Loans then outstanding, second, to payment of the Revolving Credit Loans then outstanding, third, to payment of any Revolving L/C Obligations then outstanding, and lastfourth, to cash collateralize any outstanding Letters of Credit on terms reasonably satisfactory to the Administrative Agent. Any such termination of the Revolving Credit Commitments shall be accompanied by prepayment in full of the Revolving Credit Loans, Swing Line Loans and Revolving L/C Obligations then outstanding and by cash collateralization of any outstanding Letter Letters of Credit on terms reasonably satisfactory to the Administrative Agent. Upon termination of the Revolving Credit Commitments Commitments, any Letter of Credit then outstanding which that has been so cash collateralized shall no longer be considered a “"Letter of Credit”, " as defined in Section subsection 1.1 and any L/C Participating Interests heretofore granted by the Issuing Lender to the Lenders in such Letter of Credit shall be deemed terminated (subject to automatic reinstatement in the event that such cash collateral is returned and the Issuing Lender is not fully reimbursed for any such Revolving L/C Obligations) but the Letter of Credit fees payable under Section 5.11 subsection 3.9 shall continue to accrue to the Issuing Lender and the Participating Lenders (or, in the event of any such automatic reinstatement, as provided in Section 5.11subsection 3.9) with respect to such Letter of Credit until the expiry thereof.
thereof (b) Interest accrued on provided that in lieu of paying a Standby or Commercial L/C fee, as the amount of any partial prepayment pursuant to this Section 5.4 case may be, equal to the date of such partial prepayment shall be paid on the Interest Payment Date next succeeding the date of such partial prepayment. In the case of the termination of the Applicable Margin for Revolving Credit CommitmentsLoans which are Eurodollar Loans per annum, interest accrued on the amount of any prepayment relating thereto and any unpaid commitment fee accrued hereunder Borrower shall be paid on pay to the date of such termination. Any such partial reduction of the Revolving Credit Commitments shall be in Administrative Agent an amount of $1,000,000 or a whole multiple of $500,000 in excess thereof, and shall reduce permanently the Revolving Credit Commitments then in effectequal to 0.25% per annum).
Appears in 1 contract
Samples: Credit Agreement (Jostens Inc)
Changes of Commitment Amounts. (a) The Company U.S. Borrower shall have the right, upon not less than three Business Days’ ' notice to the Applicable Administrative Agent, to terminate or, or from time to time, time to permanently reduce the Revolving Credit Commitments of any Class, subject to the provisions of this Section 5.4subsection 5.3; provided that the Revolving Credit Lenders agree that the Applicable Administrative Agent may, in connection with any termination of the Revolving Credit Commitments, waive such notice requirement on behalf of itself and the Revolving Credit Lenders of the applicable Class. To With respect to any reduction of the U.S. Revolving Credit Commitments, to the extent, if any, that the sum Aggregate U.S. Revolving Credit Exposure as of the Revolving Credit Loans, Swing Line Loans, and Revolving L/C Obligations then outstanding and the amounts available to be drawn under outstanding Letters date of Credit determination exceeds the amount of the U.S. Revolving Credit Commitments as then reduced, the Company U.S. Borrower shall be required to make a prepayment equal to such excess amount, the proceeds of which shall be applied applied, first, to payment of the Swing Line Loans then outstanding, second, to payment of the U.S. Revolving Credit Loans then outstanding, third, to payment of any Revolving L/C Obligations then outstanding, and lastand, fourth, to cash collateralize any outstanding Letters of Credit on terms reasonably satisfactory to the Administrative Agent. With respect to any reduction of the Canadian Revolving Credit Commitments, to the extent, if any, that the Aggregate Canadian Revolving Credit Exposure as of the date of determination exceeds the amount of the Canadian Revolving Credit Commitments as then reduced, the U.S. Borrower (in the case of Canadian Revolving Credit Loans) or the Canadian Borrower (in the case of C$ Loans) shall be required to make a prepayment equal to such excess amount, the proceeds of which shall be applied, first, to the payment of the Canadian Revolving Credit Loans then outstanding, second, to the payment of C$ Prime Loans then outstanding, third, to the payment of BA Loans then outstanding and, fourth, to the cash collateralization of any Bankers' Acceptances then outstanding on terms reasonably satisfactory to the Canadian Administrative Agent. Any such complete termination of the Revolving Credit Commitments of any Class shall be accompanied by prepayment in full of (i) in the case of the U.S. Revolving Credit Commitments, the U.S. Revolving Credit Loans, Swing Line Loans and Revolving L/C Obligations then outstanding and by cash collateralization collateralization, backstop or termination (at the U.S. Borrower's election) of any outstanding Letter Letters of Credit on terms reasonably satisfactory to the Administrative Agent. Upon termination of the Revolving Credit Commitments any Letter of Credit then outstanding which has been so cash collateralized shall no longer be considered a “Letter of Credit”, as defined Agent and (ii) in Section 1.1 and any L/C Participating Interests heretofore granted by the Issuing Lender to the Lenders in such Letter of Credit shall be deemed terminated (subject to automatic reinstatement in the event that such cash collateral is returned and the Issuing Lender is not fully reimbursed for any such Revolving L/C Obligations) but the Letter of Credit fees payable under Section 5.11 shall continue to accrue to the Issuing Lender (or, in the event of any such automatic reinstatement, as provided in Section 5.11) with respect to such Letter of Credit until the expiry thereof.
(b) Interest accrued on the amount of any partial prepayment pursuant to this Section 5.4 to the date of such partial prepayment shall be paid on the Interest Payment Date next succeeding the date of such partial prepayment. In the case of the termination of the Canadian Revolving Credit Commitments, interest accrued on the amount of any prepayment relating thereto and any unpaid commitment fee accrued hereunder shall be paid on the date of such termination. Any such partial reduction of the Canadian Revolving Credit Commitments shall be in an amount of $1,000,000 or a whole multiple of $500,000 in excess thereofLoans, and shall reduce permanently the Revolving Credit Commitments then in effect.C$
Appears in 1 contract
Samples: Credit Agreement (Jostens Inc)
Changes of Commitment Amounts. (a) The Company shall have the right, upon not less than three Business Days’ ' notice to the Administrative Agent, to terminate or, from time to time, reduce the Revolving Credit Commitments and/or the Incremental Revolving Loan Commitments under an Incremental Revolving Loan Facility subject to the provisions of this Section 5.4subsection 8.4. To the extent, if any, that the sum of the amount of the Revolving Credit Loans, Swing Line Loans, and Revolving L/C Obligations then outstanding and the amounts available to be drawn under outstanding Letters of Credit exceeds the amount of the Revolving Credit Commitments as then reduced, the Company shall be required to make a prepayment equal to such excess amount, the proceeds of which shall be applied first, to payment of the Swing Line Loans then outstanding, second, to payment of the Revolving Credit Loans then outstanding, third, to payment of any Revolving L/C Obligations then outstanding, and last, to cash collateralize any outstanding Letters of Credit on terms reasonably satisfactory to the Administrative Agent. Any such termination of the Revolving Credit Commitments shall be accompanied by prepayment in full of the Revolving Credit Loans, Swing Line Loans and Revolving L/C Obligations then outstanding and by cash collateralization of any outstanding Letter of Credit on terms reasonably satisfactory to the Administrative Agent. Upon termination of the Revolving Credit Commitments any Letter of Credit then outstanding which has been so cash collateralized shall no longer be considered a “"Letter of Credit”", as defined in Section subsection 1.1 and any L/C Participating Interests heretofore granted by the Issuing Lender to the Lenders in such Letter of Credit shall be deemed terminated (subject to automatic reinstatement in the event that such cash collateral is returned and the Issuing Lender is not fully reimbursed for any such Revolving L/C Obligations) but the Letter of Credit fees payable under Section 5.11 shall continue to accrue to the Issuing Lender (or, in the event of any such automatic reinstatement, as provided in Section 5.11) with respect to such Letter of Credit until the expiry thereof.
(b) Interest accrued on the amount of any partial prepayment pursuant to this Section 5.4 to the date of such partial prepayment shall be paid on the Interest Payment Date next succeeding the date of such partial prepayment. In the case of the termination of the Revolving Credit Commitments, interest accrued on the amount of any prepayment relating thereto and any unpaid commitment fee accrued hereunder shall be paid on the date of such termination. Any such partial reduction of the Revolving Credit Commitments shall be in an amount of $1,000,000 or a whole multiple of $500,000 in excess thereof, and shall reduce permanently the Revolving Credit Commitments then in effect.C
Appears in 1 contract
Changes of Commitment Amounts. (a) The Company shall have the right, upon not less than three Business Days’ ' notice to the Administrative Agent, to terminate or, or from time to time, time to permanently reduce the Revolving Credit Commitments and/or the Receivables Financing Commitments, subject to the provisions of this Section 5.4. To following provisions:
(i) to the extent, if any, that the sum of the amount of the Revolving Credit Loans, Swing Line Loans, Loans and Revolving L/C Obligations then outstanding and the amounts available to be drawn under outstanding Letters of Credit exceeds the amount of the Revolving Credit Commitments as then reduced, the Company shall be required to make a prepayment equal to such excess amount, the proceeds of which shall be applied firstapplied, FIRST, to payment of the Swing Line Loans then outstanding, secondSECOND, to payment of the Revolving Credit Loans then outstanding, thirdTHIRD, to payment of any Revolving L/C Obligations then outstanding, and lastFOURTH, to cash collateralize any outstanding Letters of Credit on terms reasonably satisfactory to the Administrative Agent. Any such termination of the Revolving Credit Commitments shall be accompanied by prepayment in full of the Revolving Credit Loans, Swing Line Loans and Revolving L/C Obligations then outstanding and by cash collateralization of any outstanding Letter Letters of Credit on terms reasonably satisfactory to the Administrative Agent. Upon termination of the Revolving Credit Commitments Commitments, any Letter of Credit then outstanding which that has been so fully cash collateralized on terms reasonably satisfactory to the Administrative Agent shall no longer be considered a “"Letter of Credit”, " as defined in Section subsection 1.1 and any L/C Participating Interests heretofore granted by the Issuing Lender to the Lenders in such Letter of Credit shall be deemed terminated (subject to automatic reinstatement in the event that such cash collateral is returned and the Issuing Lender is not fully reimbursed for any such Revolving L/C Obligations) but the Letter of Credit fees payable under Section 5.11 subsection 3.9 shall continue to accrue to the Issuing Lender and the Participating Lenders (or, in the event of any such automatic reinstatement, as provided in Section 5.11subsection 3.9) with respect to such Letter of Credit until the expiry thereofthereof (PROVIDED that in lieu of paying, in respect of such fully cash collateralized letter of credit, a Standby or Commercial L/C fee, as the case may be, equal to the Applicable Margin for Revolving Credit Loans which are Eurodollar Loans per annum, the Company shall pay to the Administrative Agent an amount equal to .25% per annum); and
(ii) to the extent, if any, that the sum of all Receivables Financing Loans exceed the amount of the Receivables Financing Commitments as then reduced, the Company shall be required to make a prepayment of Receivables Financing Loans equal to such excess amount.
(b) Interest accrued On the first date (if any) after the Closing Date on which the amount of any partial prepayment pursuant to this Section 5.4 to initial Receivables Facility becomes effective in accordance with its terms, the date of such partial prepayment Receivables Financing Commitments shall terminate in their entirety and all outstanding Receivables Financing Loans shall be paid on the Interest Payment Date next succeeding the date of such partial prepayment. repaid in full.
(c) In the case of the termination of the Revolving Credit Commitments and/or Receivables Financing Commitments, as the case may be, interest accrued and unpaid on the amount of any prepayment relating thereto and any unpaid commitment fee accrued hereunder shall be paid on the date of such termination. Any such partial reduction of the Revolving Credit Commitments and/or Receivables Financing Commitments, as the case may be, shall be in an amount of $2,000,000 or a whole multiple of $1,000,000 (or, solely in the case of Receivables Financing Commitments, $1,000,000 or a whole multiple of $500,000 100,000) in excess thereofthereof and shall, and shall in each case, reduce permanently the amount of the Revolving Credit Commitments and/or Receivables Financing Commitments, as the case may be, then in effect.
Appears in 1 contract
Changes of Commitment Amounts. (a) The Company shall have the right, upon not less than three Business Days’ ' notice to the Administrative Agent, to terminate or, or from time to time, time to permanently reduce the Revolving Credit Commitments subject Commitments, provided that to the provisions of this Section 5.4. To the extent, if any, that the sum of the amount of the Revolving Credit Loans, Swing Line Loans, Loans and Revolving L/C Obligations then outstanding and the amounts available to be drawn under outstanding Letters of Credit exceeds the amount of the Revolving Credit Commitments as then reduced, the Company shall be required to make a prepayment equal to such excess amount, the proceeds of which shall be applied applied, first, to payment of the Swing Line Loans then outstanding, second, to payment of the Revolving Credit Loans then outstanding, third, to payment of any Revolving L/C Obligations then outstanding, and lastfourth, to cash collateralize any outstanding Letters of Credit on terms reasonably satisfactory to the Administrative Agent. Any such termination of the Revolving Credit Commitments shall be accompanied by prepayment in full of the Revolving Credit Loans, Swing Line Loans and Revolving L/C Obligations then outstanding and by cash collateralization of any outstanding Letter Letters of Credit on terms reasonably satisfactory to the Administrative Agent. Upon termination of the Revolving Credit Commitments Commitments, any Letter of Credit then outstanding which that has been so fully cash collateralized on terms reasonably satisfactory to the Administrative Agent shall no longer be considered a “"Letter of Credit”, " as defined in Section subsection 1.1 and any L/C Participating Interests heretofore granted by the Issuing Lender to the Lenders in such Letter of Credit shall be deemed terminated (subject to automatic reinstatement in the event that such cash collateral is returned and the Issuing Lender is not fully reimbursed for any such Revolving L/C Obligations) but the Letter of Credit fees payable under Section 5.11 subsection 3.9 shall continue to accrue to the Issuing Lender and the Participating Lenders (or, in the event of any such automatic reinstatement, as provided in Section 5.11subsection 3.9) with respect to such Letter of Credit until the expiry thereof; provided that, following such a termination of the Revolving Credit Commitments and the payment in full of all Revolving Credit Loans, in lieu of paying, in respect of such fully cash collateralized letter of credit, a Standby or Commercial L/C fee, as the case may be, equal to the Applicable Margin for Revolving Credit Loans which are Eurodollar Loans per annum, the Company shall pay to the Administrative Agent an amount equal to 0.25% per annum).
(b) Interest accrued on the amount of any partial prepayment pursuant to this Section 5.4 to the date of such partial prepayment shall be paid on the Interest Payment Date next succeeding the date of such partial prepayment. [RESERVED]
(c) In the case of the termination of the Revolving Credit Commitments, interest accrued and unpaid on the amount of any prepayment relating thereto and any unpaid commitment fee accrued hereunder shall be paid on the date of such termination. Any such partial reduction of the Revolving Credit Commitments shall be in an amount of $1,000,000 or a whole multiple of $500,000 in excess thereofthereof and shall, and shall in each case, reduce permanently the amount of the Revolving Credit Commitments then in effect.
Appears in 1 contract
Changes of Commitment Amounts. (a) The Company Borrowers shall have the right, upon not less than three Business Days’ notice to the Administrative Agent, at any time subsequent to the Closing Date, to terminate or, or from time to time, time to permanently reduce the Revolving Credit Commitments and/or any Incremental Revolving Commitments, subject to the provisions of this Section 5.4subsection 4.3. Any notice given by the Borrowers pursuant to this subsection 4.3(a) shall be irrevocable; provided that any such notice delivered by the Borrowers may state that such notice is conditioned upon the effectiveness of other financing arrangements, in which case such notice may be revoked by the Borrowers (by notice to the Administrative Agent on or prior to the specified effective date) if such condition is not satisfied. To the extent, if any, that the sum of the amount of the Revolving Credit Loans, Swing Line Loans, Loans and Revolving L/C Obligations then outstanding and the amounts available to be drawn under outstanding Letters of Credit exceeds the amount of the Revolving Credit Commitments and any Incremental Revolving Commitments, as then reduced, the Company Borrowers shall be required to make a prepayment equal to such excess amount, the proceeds of which shall be applied applied, first, to payment of the Swing Line Loans then outstanding, second, to payment of the Revolving Credit Loans then outstanding, third, to payment of any Revolving L/C Obligations then outstanding, third to payment of the Revolving Credit Loans then outstanding and lastfourth, to cash collateralize any outstanding Letters of Credit on terms reasonably satisfactory to the Administrative Agent. Any such termination of the Revolving Credit Commitments and any Incremental Revolving Commitments shall be accompanied by prepayment in full of the Revolving Credit Loans, Swing Line Loans and Revolving L/C Obligations then outstanding in excess of the then outstanding Revolving Credit Commitments and any Incremental Revolving Commitments after giving effect to such reduction and by cash collateralization of any outstanding Letter Letters of Credit on terms reasonably satisfactory to the Administrative Agent. Upon termination of the Revolving Credit Commitments and any Incremental Revolving Commitments, any Letter of Credit then outstanding which that has been so cash collateralized shall no longer be considered a “Letter of Credit”, ” as defined in Section subsection 1.1 and any L/C Participating Interests heretofore granted by the Issuing Lender to the Lenders prior to the Closing Date in such Letter of Credit shall be deemed terminated (subject to automatic reinstatement in the event that such cash collateral is returned and the Issuing Lender is not fully reimbursed for any such Revolving L/C Obligations) but the Letter of Credit fees payable under Section 5.11 subsection 3.9 shall continue to accrue to the Issuing Lender and the Participating Lenders (or, in the event of any such automatic reinstatement, as provided in Section 5.11subsection 3.9) with respect to such Letter of Credit until the expiry thereofthereof (provided that in lieu of paying a Standby L/C or Commercial L/C fee, as the case may be, equal to the Applicable Margin for Revolving Credit Loans which are Eurodollar Loans per annum, the Borrowers shall pay to the Issuing Lender an amount equal to 0.25% per annum).
(b) Interest accrued on the amount of any partial prepayment pursuant to this Section 5.4 to the date of such partial prepayment shall be paid on the Interest Payment Date next succeeding the date of such partial prepayment. In the case of the termination of the Revolving Credit Commitments and/or Incremental Revolving Commitments, interest accrued on the amount of any prepayment relating thereto and any unpaid commitment fee accrued hereunder shall be paid on the date of such termination. Any such partial reduction of the Revolving Credit Commitments and/or Incremental Revolving Commitments, shall be in an amount of $1,000,000 or a whole multiple of $500,000 100,000 in excess thereofthereof and shall, and shall in each case, reduce permanently the amount of the Revolving Credit Commitments and/or Incremental Revolving Commitments then in effect.
(c) (i) The Tranche B Term Loan Commitments and any Incremental Term Commitments shall be automatically and permanently reduced upon the making of a Tranche B Term Loan or Incremental Term Loan, as the case may be, by the amount of such Loan and (ii) the Incremental Term Commitments under any Incremental Facility shall be terminated effective as of the day after the effective date of the Incremental Loan Amendment relating thereto.
Appears in 1 contract
Changes of Commitment Amounts. (a) The Company Borrower shall have the right, upon not less than three Business Days’ notice to the Administrative Agent, at any time subsequent to the Closing Date, to terminate or, or from time to time, time to permanently reduce the Revolving Credit Commitments and any Incremental Revolving Commitments, subject to the provisions of this Section 5.4subsection 4.3. To the extent, if any, that the sum of the amount of the Revolving Credit Loans, Swing Line Loans, Loans and Revolving L/C Obligations then outstanding and the amounts available to be drawn under outstanding Letters of Credit exceeds the amount of the Revolving Credit Commitments and any Incremental Revolving Commitments, as then reduced, the Company Borrower shall be required to make a prepayment equal to such excess amount, the proceeds of which shall be applied applied, first, to payment of the Swing Line Loans then outstanding, second, to payment of the Revolving Credit Loans then outstanding, third, to payment of any Revolving L/C Obligations then outstanding, third to payment of the Revolving Credit Loans then outstanding and lastfourth, to cash collateralize any outstanding Letters of Credit on terms reasonably satisfactory to the Administrative Agent. Any such termination of the Revolving Credit Commitments and any Incremental Revolving Commitments shall be accompanied by prepayment in full of the Revolving Credit Loans, Swing Line Loans and Revolving L/C Obligations then outstanding in excess of the then outstanding Revolving Credit Commitments and any Incremental Revolving Commitments after giving effect to such reduction and by cash collateralization of any outstanding Letter Letters of Credit on terms reasonably satisfactory to the Administrative Agent. Upon termination of the Revolving Credit Commitments and any Incremental Revolving Commitments, any Letter of Credit then outstanding which that has been so cash collateralized shall no longer be considered a “Letter of Credit”, ” as defined in Section subsection 1.1 and any L/C Participating Interests heretofore granted by the Issuing Lender to the Lenders prior to the Closing Date in such Letter of Credit shall be deemed terminated (subject to automatic reinstatement in the event that such cash collateral is returned and the Issuing Lender is not fully reimbursed for any such Revolving L/C Obligations) but the Letter of Credit fees payable under Section 5.11 subsection 3.9 shall continue to accrue to the Issuing Lender and the Participating Lenders (or, in the event of any such automatic reinstatement, as provided in Section 5.11subsection 3.9) with respect to such Letter of Credit until the expiry thereofthereof (provided that in lieu of paying a Standby L/C or Commercial L/C fee, as the case may be, equal to the Applicable Margin for Revolving Credit Loans which are Eurodollar Loans per annum, Borrower shall pay to the Administrative Agent an amount equal to 0.25% per annum).
(b) Interest accrued on the amount of any partial prepayment pursuant to this Section 5.4 to the date of such partial prepayment shall be paid on the Interest Payment Date next succeeding the date of such partial prepayment. In the case of the termination of the Revolving Credit Commitments, Incremental Revolving Commitments and/or Term Loan Commitment, interest accrued on the amount of any prepayment relating thereto and any unpaid commitment fee accrued hereunder shall be paid on the date of such termination. Any such partial reduction of the Revolving Credit Commitments, Incremental Revolving Commitments and/or Term Loan Commitment, shall be in an amount of $1,000,000 or a whole multiple of $500,000 100,000 in excess thereofthereof and shall, and shall in each case, reduce permanently the amount of the Revolving Credit Commitments, Incremental Revolving Commitments and/or Term Loan Commitment, then in effect.
(c) (i) The Tranche B-2 Term Loan Commitments and any Incremental Term Commitments shall be automatically and permanently reduced upon the making of a Tranche B-2 Term Loan or Incremental Term Loan, as the case may be, by the amount of such Loan and (ii) the Incremental Term Commitments under any Incremental Facility shall be terminated effective as of the day after the effective date of the Incremental Loan Amendment relating thereto.
(d) The Revolving Credit Commitments shall be automatically and permanently reduced on the fifth anniversary of the Closing Date, if the aggregate Revolving Credit Commitments are greater than $67,500,000 at such time, to $67,500,000.
Appears in 1 contract
Changes of Commitment Amounts. (a) The Company shall have the right, upon not less than three Business Days’ notice to the Administrative Agent, to terminate or, from time to time, reduce the Revolving Credit Commitments subject to the provisions of this Section 5.4. To the extent, if any, that the sum of the Revolving Credit Loans, Swing Line Loans, and Revolving L/C Obligations then outstanding and the amounts available to be drawn under outstanding Letters of Credit exceeds the amount of the Revolving Credit Commitments as then reduced, the Company shall be required to make a prepayment equal to such excess amount, the proceeds of which shall be applied first, to payment of the Swing Line Loans then outstanding, second, to payment of the Revolving Credit Loans then ------ outstanding, third, to payment of any Revolving L/C Obligations then outstanding, and last----- fourth, to cash collateralize any outstanding Letters of Credit on terms ------ reasonably satisfactory to the Administrative Agent. Any such termination of the Revolving Credit Commitments shall be accompanied by prepayment in full of the Revolving Credit Loans, Swing Line Loans and Revolving L/C Obligations then outstanding and outstanding, by cash collateralization of any outstanding Letter Letters of Credit on terms reasonably satisfactory to the Administrative AgentAgent and by payment in full of the Synthetic Lease Obligations. Upon termination of the Revolving Credit Commitments Commitments, any Letter of Credit then outstanding which that has been so cash collateralized shall no longer be considered a “"Letter of Credit”, " as defined in Section 1.1 subsection 1.1, and any L/C Participating Interests heretofore granted by the Issuing Lender to the Lenders in such Letter of Credit shall be deemed terminated (subject to automatic reinstatement in the event that such cash collateral is returned and the Issuing Lender is not fully reimbursed for any such Revolving L/C Obligations) but the Letter of Credit fees payable under Section 5.11 subsection 2.9 shall continue to accrue to the Issuing Lender and the Participating Lenders (or, in the event of any such automatic reinstatement, as provided in Section 5.11subsection 2.9) with respect to such Letter of Credit until the expiry thereofthereof (provided -------- that in lieu of paying a Standby or Commercial L/C fee, as the case may be, at a rate per annum equal to the Applicable Margin for Revolving Credit Loans which are Eurodollar Loans, the Company shall pay to the Administrative Agent an amount equal to .25% per annum).
(ba) Interest accrued on the amount of any partial prepayment pursuant to this Section 5.4 to the date of such partial prepayment shall be paid on the Interest Payment Date next succeeding the date of such partial prepayment. In the case of the termination of the Revolving Credit Commitments, interest accrued on the amount of any prepayment relating thereto and any unpaid commitment fee accrued hereunder shall be paid on the date of such termination. Any such partial reduction of the Revolving Credit Commitments shall be in an amount of $1,000,000 2,000,000 or a whole multiple of $500,000 1,000,000 in excess thereofthereof and shall, and shall in each case, reduce permanently the amount of the Revolving Credit Commitments then in effect.
Appears in 1 contract
Samples: Credit Agreement (Sailors Inc)
Changes of Commitment Amounts. (a) The Company Borrower shall have the right, upon not less than three Business Days’ notice to the Administrative Agent, to terminate or, or from time to time, time to permanently reduce the Revolving Credit Commitments Commitments, subject to the provisions of this Section 5.4subsection 5.3. To the extent, if any, that the sum of the amount of the Revolving Credit Loans, Swing Line Loans, and Revolving L/C Obligations then outstanding, Bankers’ Acceptances then outstanding and the amounts available to be drawn under outstanding Letters of Credit exceeds the amount of the Revolving Credit Commitments as then reduced, the Company Borrower shall be required to make a prepayment equal to such excess amount, the proceeds of which shall be applied applied, first, to payment of the Swing Line Loans then outstanding, second, to payment of the Revolving Credit Loans (other than C$ Prime Loans) then outstanding, third, to payment of any Revolving L/C Obligations then outstanding, fourth, to payment of C$ Loans then outstanding, fifth, to the cash collateralization of any Bankers’ Acceptances then outstanding on terms reasonably satisfactory to the Administrative Agent, and lastsixth, to cash collateralize any outstanding Letters of Credit on terms reasonably satisfactory to the Administrative Agent, provided that any portion of any such prepayment to be applied to the payment of C$ Loans shall be paid by the Canadian Borrower. Any such termination of the Revolving Credit Commitments shall be accompanied by prepayment in full of the Revolving Credit Loans, Bankers’ Acceptances, Swing Line Loans and Revolving L/C Obligations then outstanding and by cash collateralization of any outstanding Letter Letters of Credit on terms reasonably satisfactory to the Administrative Agent, provided that any such prepayment in full of outstanding C$ Loans shall be paid by the Canadian Borrower. Upon termination of the Revolving Credit Commitments Commitments, any Letter of Credit then outstanding which that has been so cash collateralized shall no longer be considered a “Letter of Credit”, ” as defined in Section subsection 1.1 and any L/C Participating Interests heretofore granted by the Issuing Lender to the Lenders in such Letter of Credit shall be deemed terminated (subject to automatic reinstatement in the event that such cash collateral is returned and the Issuing Lender is not fully reimbursed for any such Revolving L/C Obligations) but the Letter of Credit fees payable under Section 5.11 subsection 3.9 shall continue to accrue to the Issuing Lender and the Participating Lenders (or, in the event of any such automatic reinstatement, as provided in Section 5.11subsection 3.9) with respect to such Letter of Credit until the expiry thereofthereof (provided that in lieu of paying a Standby or Commercial L/C fee, as the case may be, equal to the Applicable Margin for Revolving Credit Loans which are Eurodollar Loans per annum, the Borrower shall pay to the Administrative Agent an amount equal to 0.25% per annum).
(b) Interest accrued on the amount of any partial prepayment pursuant to this Section 5.4 to the date of such partial prepayment shall be paid on the Interest Payment Date next succeeding the date of such partial prepayment. In the case of the termination of the Revolving Credit Commitments, interest accrued on the amount of any prepayment relating thereto and any unpaid commitment fee accrued hereunder shall be paid on the date of such termination. Any such partial reduction of the Revolving Credit Commitments shall be in an amount of $1,000,000 or a whole multiple of $500,000 in excess thereofthereof and shall, and shall in each case, reduce permanently the amount of the Revolving Credit Commitments then in effect.
Appears in 1 contract
Samples: Credit Agreement (Jostens Inc)
Changes of Commitment Amounts. (a) The Company Borrower shall have the right, upon not less than three Business Days’ notice to the Administrative Agent, to terminate or, or from time to time, time to permanently reduce the Revolving Credit Commitments Commitments, subject to the provisions of this Section 5.43.3. To the extent, if any, that the sum of the amount of the Revolving Credit Loans, Swing Line Loans, Loans and Revolving L/C Obligations then outstanding and the amounts available to be drawn under outstanding Letters of Credit exceeds the amount of the Revolving Credit Commitments as then reduced, the Company Borrower shall be required to make a prepayment equal to such excess amount, the proceeds of which shall be applied applied, first, to payment of the Swing Line Loans then outstanding, second, to payment of the Revolving Credit Loans then outstanding, third, to payment of any Revolving L/C Obligations then outstanding, and lastfourth, to cash collateralize any outstanding Letters of Credit on terms reasonably satisfactory to the Administrative Agent. Any such termination of the Revolving Credit Commitments shall be accompanied by prepayment in full of the Revolving Credit Loans, Swing Line Loans and Revolving L/C Obligations then outstanding and by cash collateralization of any outstanding Letter Letters of Credit on terms reasonably satisfactory to the Administrative Agent. Upon termination of the Revolving Credit Commitments Commitments, any Letter of Credit then outstanding which that has been so cash collateralized shall no longer be considered a “Letter of Credit”, ” as defined in Section 1.1 and any L/C Participating Interests heretofore granted by the Issuing Lender to the Lenders in such Letter of Credit shall be deemed terminated (subject to automatic reinstatement in the event that such cash collateral is returned and the Issuing Lender is not fully reimbursed for any such Revolving L/C Obligations) but the Letter of Credit fees payable under Section 5.11 2.9 shall continue to accrue to the Issuing Lender and the Participating Lenders (or, in the event of any such automatic reinstatement, as provided in Section 5.112.9) with respect to such Letter of Credit until the expiry thereofthereof (provided that in lieu of paying a Standby or Commercial L/C fee, as the case may be, equal to the Applicable Margin for Eurodollar Loans per annum, the Borrower shall pay to the Administrative Agent an amount equal to 0.25% per annum).
(b) Interest accrued on the amount of any partial prepayment pursuant to this Section 5.4 to the date of such partial prepayment shall be paid on the Interest Payment Date next succeeding the date of such partial prepayment. In the case of the termination of the Revolving Credit Commitments, interest accrued on the amount of any prepayment relating thereto and any unpaid commitment fee accrued hereunder shall be paid on the date of such termination. Any such partial reduction of the Revolving Credit Commitments shall be in an amount of $1,000,000 500,000 or a whole multiple of $500,000 100,000 in excess thereofthereof and shall, and shall in each case, reduce permanently the amount of the Revolving Credit Commitments then in effect.
Appears in 1 contract
Samples: Revolving Credit Agreement (Stratus Technologies International Sarl)
Changes of Commitment Amounts. (a) The Company shall have the right, upon not less than three Business Days’ notice to the Administrative Agent, to terminate or, from time to time, permanently reduce the Revolving Credit Commitments Commitments, subject to the provisions of this Section 5.4subsection 4.3. To the extent, if any, that the sum of the amount of the Revolving Credit Loans, Swing Line Loans, Loans and Revolving L/C Obligations then outstanding and the amounts available to be drawn under outstanding Letters of Credit exceeds the amount of the Revolving Credit Commitments as then reduced, the Company shall be required to make a prepayment equal to such excess amount, the proceeds of which shall be applied first, to payment of the Swing Line Loans then outstanding, second, to payment of the Revolving Credit Loans then outstanding, third, to payment of any Revolving L/C Obligations then outstanding, and lastfourth, to cash collateralize any outstanding Letters of Credit on terms reasonably satisfactory to the Administrative Agent. Any such termination of the Revolving Credit Commitments shall be accompanied by prepayment in full of the Revolving Credit Loans, Swing Line Loans and Revolving L/C Obligations then outstanding and by cash collateralization of any outstanding Letter Letters of Credit on terms reasonably satisfactory to the Administrative Agent. Upon termination of the Revolving Credit Commitments Commitments, any Letter of Credit then outstanding which has been so cash collateralized shall no longer be considered a “Letter of Credit”, ” as defined in Section 1.1 subsection Error! Reference source not found. and any L/C Participating Interests heretofore granted by the Issuing Lender to the Lenders in such Letter of Credit shall be deemed terminated (subject to automatic reinstatement in the event that such cash collateral is returned and the Issuing Lender is not fully reimbursed for any such Revolving L/C Obligations) but the Letter of Credit fees payable under Section 5.11 subsection 3.9 shall continue to accrue to the Issuing Lender and the Participating Lenders (or, in the event of any such automatic reinstatement, as provided in Section 5.11subsection 3.9) with respect to such Letter of Credit until the expiry thereof.
(b) Interest accrued on the amount of any partial prepayment pursuant to this Section 5.4 to the date of such partial prepayment shall be paid on the Interest Payment Date next succeeding the date of such partial prepayment. In the case of the termination of the Revolving Credit Commitments, interest accrued on the amount of any prepayment relating thereto and any unpaid commitment fee accrued hereunder shall be paid on the date of such termination. Any such partial reduction of the Revolving Credit Commitments shall be in an amount of $1,000,000 2,000,000, or a whole multiple of $500,000 1,000,000 in excess thereof, and shall shall, in each case, reduce permanently the amount of the Revolving Credit Commitments then in effect.
Appears in 1 contract
Samples: Credit Agreement (CSK Auto Corp)
Changes of Commitment Amounts. (a) The Company Borrower shall have the right, upon not less than three Business Days’ notice to the Administrative Agent, at any time subsequent to the Closing Date, to terminate or, or from time to time, time to permanently reduce the Revolving Credit Commitments and any Incremental Revolving Commitments, subject to the provisions of this Section 5.4subsection 4.3. To the extent, if any, that the sum of the amount of the Revolving Credit Loans, Swing Line Loans, Loans and Revolving L/C Obligations then outstanding and the amounts available to be drawn under outstanding Letters of Credit exceeds the amount of the Revolving Credit Commitments and any Incremental Revolving Commitments, as then reduced, the Company Borrower shall be required to make a prepayment equal to such excess amount, the proceeds of which shall be applied applied, first, to payment of the Swing Line Loans then outstanding, second, to payment of the Revolving Credit Loans then outstanding, third, to payment of any Revolving L/C Obligations then outstanding, third to payment of the Revolving Credit Loans then outstanding and lastfourth, to cash collateralize any outstanding Letters of Credit on terms reasonably satisfactory to the Administrative Agent. Any such termination of the Revolving Credit Commitments and any Incremental Revolving Commitments shall be accompanied by prepayment in full of the Revolving Credit Loans, Swing Line Loans and Revolving L/C Obligations then outstanding in excess of the then outstanding Revolving Credit Commitments and any Incremental Revolving Commitments after giving effect to such reduction and by cash collateralization of any outstanding Letter Letters of Credit on terms reasonably satisfactory to the Administrative Agent. Upon termination of the Revolving Credit Commitments and any Incremental Revolving Commitments, any Letter of Credit then outstanding which that has been so cash collateralized shall no longer be considered a “Letter of Credit”, ” as defined in Section subsection 1.1 and any L/C Participating Interests heretofore granted by the Issuing Lender to the Lenders in such Letter of Credit shall be deemed terminated (subject to automatic reinstatement in the event that such cash collateral is returned and the Issuing Lender is not fully reimbursed for any such Revolving L/C Obligations) but the Letter of Credit fees payable under Section 5.11 subsection 3.9 shall continue to accrue to the Issuing Lender and the Participating Lenders (or, in the event of any such automatic reinstatement, as provided in Section 5.11subsection 3.9) with respect to such Letter of Credit until the expiry thereofthereof (provided that in lieu of paying a Standby L/C or Commercial L/C fee, as the case may be, equal to the Applicable Margin for Revolving Credit Loans which are Eurodollar Loans per annum, Borrower shall pay to the Administrative Agent an amount equal to 0.25% per annum).
(b) Interest accrued on the amount of any partial prepayment pursuant to this Section 5.4 to the date of such partial prepayment shall be paid on the Interest Payment Date next succeeding the date of such partial prepayment. In the case of the termination of the Revolving Credit Commitments, Incremental Revolving Commitments and/or Term Loan Commitment, interest accrued on the amount of any prepayment relating thereto and any unpaid commitment fee accrued hereunder shall be paid on the date of such termination. Any such partial reduction of the Revolving Credit Commitments, Incremental Revolving Commitments and/or Term Loan Commitment, shall be in an amount of $1,000,000 or a whole multiple of $500,000 100,000 in excess thereofthereof and shall, and shall in each case, reduce permanently the amount of the Revolving Credit Commitments, Incremental Revolving Commitments and/or Term Loan Commitment, then in effect.
(i) The Tranche A Term Loan Commitments, the Tranche B-1 Term Loan Commitments and any Incremental Term Commitments shall be automatically and permanently reduced upon the making of a Tranche A Term Loan, Tranche B-1 Term Loan or Incremental Term Loan, as the case may be, by the amount of such Loan and (ii) the Incremental Term Commitments under any Incremental Facility shall be terminated effective as of the day after the effective date of the Incremental Loan Amendment relating thereto.
(d) The Revolving Credit Commitments shall be automatically and permanently reduced on the fifth anniversary of the Closing Date, if the aggregate Revolving Credit Commitments are greater than $67,500,000 at such time, to $67,500,000.
Appears in 1 contract
Changes of Commitment Amounts. (a) The Company Borrower shall have the right, upon not less than three Business Days’ ' notice to the Administrative Agent, to terminate or, from time to time, reduce the Revolving Credit Commitments subject to the provisions of this Section 5.4subsection 4.4. To the extent, if any, that the sum of the amount of the Revolving Credit Loans, Swing Line Loans, and Revolving L/C Obligations then outstanding and the amounts available to be drawn under outstanding Letters of Credit exceeds the amount of the Revolving Credit Commitments as then reduced, the Company Borrower shall be required to make a prepayment equal to such excess amount, the proceeds of which shall be applied firstFIRST, to payment of the Swing Line Loans then outstanding, secondSECOND, to payment of the Revolving Credit Loans then outstanding, thirdTHIRD, to payment of any Revolving L/C Obligations then outstanding, and lastLAST, to cash collateralize any outstanding Letters of Credit on terms reasonably satisfactory to the Administrative Agent. Any such termination of the Revolving Credit Commitments shall be accompanied by prepayment in full of the Revolving Credit Loans, Swing Line Loans and Revolving L/C Obligations then outstanding and by cash collateralization of any outstanding Letter of Credit on terms reasonably satisfactory to the Administrative Agent. Upon termination of the Revolving Credit Commitments any Letter of Credit then outstanding which has been so cash collateralized shall no longer be considered a “"Letter of Credit”", as defined in Section subsection 1.1 and any L/C Participating Interests heretofore granted by the Issuing Lender to the Lenders in such Letter of Credit shall be deemed terminated (subject to automatic reinstatement in the event that such cash collateral is returned and the Issuing Lender is not fully reimbursed for any such Revolving L/C Obligations) but the Letter of Credit fees payable under Section 5.11 subsection 4.11 shall continue to accrue to the Issuing Lender (or, in the event of any such automatic reinstatement, as provided in Section 5.11subsection 4.11) with respect to such Letter of Credit until the expiry thereof.
(b) Interest accrued on the amount of any partial prepayment pursuant to this Section 5.4 subsection 4.4 to the date of such partial prepayment shall be paid on the Interest Payment Date next succeeding the date of such partial prepayment. In the case of the termination of the Revolving Credit Commitments, interest accrued on the amount of any prepayment relating thereto and any unpaid commitment fee accrued hereunder shall be paid on the date of such termination. Any such partial reduction of the Revolving Credit Commitments shall be in an amount of $1,000,000 3,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof, and shall reduce permanently the Revolving Credit Commitments then in effect.
Appears in 1 contract
Changes of Commitment Amounts. (a) The Company shall have the right, upon not less than three (3) Business Days’ notice to the Administrative Agent, to terminate or, from time to time, reduce the Revolving Credit Commitments subject to the provisions of this Section 5.4. To the extent, if any, that the sum of the Revolving Credit Loans, Swing Line Loans, Loans and Revolving L/C Obligations then outstanding and the amounts available to be drawn under outstanding Letters of Credit exceeds the amount of Line Cap (after giving effect to the Revolving Credit Commitments as then reduced), the Company shall be required to make a prepayment equal to such excess amount, the proceeds of which shall be applied first, to payment of the Swing Line Loans then outstandingprepay any Protective Advances, second, to payment of the Revolving Credit Loans then outstanding, third, to payment of any Revolving L/C Obligations then outstanding, and lastfourth, to cash collateralize Cash Collateralize any outstanding Letters of Credit on terms reasonably satisfactory to the Administrative AgentAgent and the applicable Issuing Lender. Each reduction or termination of the Revolving Commitments shall be made ratably among the Lenders in accordance with their respective Revolving Credit Commitments. Any such termination of the Revolving Credit Commitments shall be accompanied by prepayment in full of the Revolving Credit Loans, Swing Line Loans and Revolving L/C Obligations then outstanding and by cash collateralization Cash Collateralization of any outstanding Letter of Credit on terms reasonably satisfactory to the Administrative AgentAgent and the applicable Issuing Lender by way of a deposit with the Administrative Agent into the Cash Collateral Account an amount of cash collateral equal to 105% of the aggregate undrawn stated amount of all outstanding Letters of Credit as security for the Finance Obligations to the extent that such Letters of Credit are not otherwise paid or cash collateralized at such time. Upon termination of the Revolving Credit Commitments Commitments, any Letter of Credit then outstanding which has been so cash collateralized Cash Collateralized shall no longer be considered a “Letter of Credit”, as defined in Section 1.1 and any L/C Participating Interests heretofore granted by the Issuing Lender to the Lenders in such Letter of Credit shall be deemed terminated (subject to automatic reinstatement in the event that such cash collateral is returned and the Issuing Lender is not fully reimbursed for any such Revolving L/C Obligations) ), but the Letter of Credit fees payable under Section 5.11 shall continue to accrue to the Issuing Lender (or, in the event of any such automatic reinstatement, as provided in Section 5.11) with respect to such Letter of Credit until the expiry thereof.
(b) Interest accrued on the amount of any partial prepayment pursuant to this Section 5.4 to the date of such partial prepayment shall be paid on the Interest Payment Date next succeeding the date of such partial prepayment. In the case of the termination of the Revolving Credit Commitments, interest accrued on the amount of any prepayment relating thereto and any unpaid commitment fee accrued hereunder shall be paid on the date of such termination. Any such partial reduction of the Revolving Credit Commitments shall be in an amount of $1,000,000 or a whole multiple of $500,000 in excess thereof, and shall reduce permanently the Revolving Credit Commitments then in effect.
Appears in 1 contract
Changes of Commitment Amounts. (a) The Company shall have the right, upon not less than three Business Days’ ' notice to the Administrative Agent, to terminate or, or from time to time, time to permanently reduce the Revolving Credit Commitments Commitments, subject to the provisions of this Section 5.4subsection 4.3. To the extent, if any, that the sum of the amount of the Revolving Credit Loans, Swing Line Loans, Loans and Revolving L/C Obligations then outstanding and the amounts available to be drawn under outstanding Letters of Credit exceeds the amount of the Revolving Credit Commitments as then reduced, the Company shall be required to make a prepayment equal to such excess amount, the proceeds of which shall be applied firstapplied, FIRST, to payment of the Swing Line Loans then outstanding, secondSECOND, to payment of the Revolving Credit Loans then outstanding, thirdTHIRD, to payment of any Revolving L/C Obligations then outstanding, and lastFOURTH, to cash collateralize any outstanding Letters of Credit on terms reasonably satisfactory to the Administrative Agent. Any such termination of the Revolving Credit Commitments shall be accompanied by prepayment in full of the Revolving Credit Loans, Swing Line Loans and Revolving L/C Obligations then outstanding and by cash collateralization of any outstanding Letter Letters of Credit on terms reasonably satisfactory to the Administrative Agent. Upon termination of the Revolving Credit Commitments Commitments, any Letter of Credit then outstanding which that has been so cash collateralized shall no longer be considered a “"Letter of Credit”, " as defined in Section subsection 1.1 and any L/C Participating Interests heretofore granted by the Issuing Lender to the Lenders in such Letter of Credit shall be deemed terminated (subject to automatic reinstatement in the event that such cash collateral is returned and the Issuing Lender is not fully reimbursed for any such Revolving L/C Obligations) but the Letter of Credit fees payable under Section 5.11 subsection 3.9 shall continue to accrue to the Issuing Lender and the Participating Lenders (or, in the event of any such automatic reinstatement, as provided in Section 5.11subsection 3.9) with respect to such Letter of Credit until the expiry thereof.
thereof (b) Interest accrued on PROVIDED that in lieu of paying a Standby or Commercial L/C fee, as the amount of any partial prepayment pursuant to this Section 5.4 case may be, equal to the date of such partial prepayment shall be paid on the Interest Payment Date next succeeding the date of such partial prepayment. In the case of the termination of the Applicable Margin for Revolving Credit CommitmentsLoans which are Eurodollar Loans per annum, interest accrued on the amount of any prepayment relating thereto and any unpaid commitment fee accrued hereunder Company shall be paid on pay to the date of such termination. Any such partial reduction of the Revolving Credit Commitments shall be in Administrative Agent an amount of $1,000,000 or a whole multiple of $500,000 in excess thereof, and shall reduce permanently the Revolving Credit Commitments then in effectequal to .25% per annum).
Appears in 1 contract
Changes of Commitment Amounts. (a) The Company shall have the right, upon not less than three Business Days’ ' notice to the Administrative Agent, to terminate or, from time to time, reduce the Revolving Credit Commitments and/or the Acquisition Loan Commitments subject to the provisions of this Section 5.4subsection 8.4. To the extent, if any, that the sum of the amount of the Revolving Credit Loans, Swing Line Loans, and Revolving L/C Obligations then outstanding and the amounts available to be drawn under outstanding Letters of Credit exceeds the amount of the Revolving Credit Commitments as then reduced, the Company shall be required to make a prepayment equal to such excess amount, the proceeds of which shall be applied first, to payment of the Swing Line Loans then outstanding, second, to payment of the Revolving Credit Loans then outstanding, third, to payment of any Revolving L/C Obligations then outstanding, and last, to cash collateralize any outstanding Letters of Credit on terms reasonably satisfactory to the Administrative Agent. Any such termination of the Revolving Credit Commitments shall be accompanied by prepayment in full of the Revolving Credit Loans, Swing Line Loans and Revolving L/C Obligations then outstanding and by cash collateralization of any outstanding Letter of Credit on terms reasonably satisfactory to the Administrative Agent. Upon termination of the Revolving Credit Commitments any Letter of Credit then outstanding which has been so cash collateralized shall no longer be considered a “"Letter of Credit”", as defined in Section subsection 1.1 and any L/C Participating Interests heretofore granted by the Issuing Lender to the Lenders in such Letter of Credit shall be deemed terminated (subject to automatic reinstatement in the event that such cash collateral is returned and the Issuing Lender is not fully reimbursed for any such Revolving L/C Obligations) but the Letter of Credit fees payable under Section 5.11 subsection 8.11 shall continue to accrue to the Issuing Lender (or, in the event of any such automatic reinstatement, as provided in Section 5.11subsection 8.11) with respect to such Letter of Credit until the expiry thereof. To the extent, if any, that the amount of the Acquisition Loans then outstanding exceeds the amount of the Acquisition Loan Commitments as then reduced, the Company shall be required to make a prepayment of Acquisition Loans equal to such excess amount.
(b) Interest accrued on the amount of any partial prepayment pursuant to this Section 5.4 subsection 8.4 to the date of such partial prepayment shall be paid on the Interest Payment Date next succeeding the date of such partial prepayment. In the case of the termination of the Revolving Credit Commitments and/or the Acquisition Loan Commitments, interest accrued on the amount of any prepayment relating thereto and any unpaid commitment fee accrued hereunder shall be paid on the date of such termination. Any such partial reduction of the Revolving Credit Commitments and/or the Acquisition Loan Commitments shall be in an amount of $1,000,000 3,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof, and shall reduce permanently the Revolving Credit Commitments and/or the Acquisition Loan Commitments then in effect.
Appears in 1 contract
Changes of Commitment Amounts. (a) The Company Borrower shall have the right, upon not less than three Business Days’ notice to the Administrative Agent, at any time subsequent to the Original Closing Date, to terminate or, or from time to time, time to permanently reduce the Revolving Credit Commitments and/or any Incremental Revolving Commitments, subject to the provisions of this Section 5.4subsection 4.3. To the extent, if any, that the sum of the amount of the Revolving Credit Loans, Swing Line Loans, Loans and Revolving L/C Obligations then outstanding and the amounts available to be drawn under outstanding Letters of Credit exceeds the amount of the Revolving Credit Commitments and any Incremental Revolving Commitments, as then reduced, the Company Borrower shall be required to make a prepayment equal to such excess amount, the proceeds of which shall be applied applied, first, to payment of the Swing Line Loans then outstanding, second, to payment of the Revolving Credit Loans then outstanding, third, to payment of any Revolving L/C Obligations then outstanding, third to payment of the Revolving Credit Loans then outstanding and lastfourth, to cash collateralize any outstanding Letters of Credit on terms reasonably satisfactory to the Administrative Agent. Any such termination of the Revolving Credit Commitments and any Incremental Revolving Commitments shall be accompanied by prepayment in full of the Revolving Credit Loans, Swing Line Loans and Revolving L/C Obligations then outstanding in excess of the then outstanding Revolving Credit Commitments and any Incremental Revolving Commitments after giving effect to such reduction and by cash collateralization of any outstanding Letter Letters of Credit on terms reasonably satisfactory to the Administrative Agent. Upon termination of the Revolving Credit Commitments and any Incremental Revolving Commitments, any Letter of Credit then outstanding which that has been so cash collateralized shall no longer be considered a “Letter of Credit”, ” as defined in Section subsection 1.1 and any L/C Participating Interests heretofore granted by the Issuing Lender to the Lenders prior to the Original Closing Date in such Letter of Credit shall be deemed terminated (subject to automatic reinstatement in the event that such cash collateral is returned and the Issuing Lender is not fully reimbursed for any such Revolving L/C Obligations) but the Letter of Credit fees payable under Section 5.11 subsection 3.9 shall continue to accrue to the Issuing Lender and the Participating Lenders (or, in the event of any such automatic reinstatement, as provided in Section 5.11subsection 3.9) with respect to such Letter of Credit until the expiry thereofthereof (provided that in lieu of paying a Standby L/C or Commercial L/C fee, as the case may be, equal to the Applicable Margin for Revolving Credit Loans which are Eurodollar Loans per annum, Borrower shall pay to the Issuing Lender an amount equal to 0.25% per annum).
(b) Interest accrued on the amount of any partial prepayment pursuant to this Section 5.4 to the date of such partial prepayment shall be paid on the Interest Payment Date next succeeding the date of such partial prepayment. In the case of the termination of the Revolving Credit Commitments and/or Incremental Revolving Commitments, interest accrued on the amount of any prepayment relating thereto and any unpaid commitment fee accrued hereunder shall be paid on the date of such termination. Any such partial reduction of the Revolving Credit Commitments and/or Incremental Revolving Commitments, shall be in an amount of $1,000,000 or a whole multiple of $500,000 100,000 in excess thereofthereof and shall, and shall in each case, reduce permanently the amount of the Revolving Credit Commitments and/or Incremental Revolving Commitments then in effect.
(i) The Tranche B-1 Term Loan Commitments and any Incremental Term Commitments shall be automatically and permanently reduced upon the making of a Tranche B-1 Term Loan or Incremental Term Loan, as the case may be, by the amount of such Loan and (ii) the Incremental Term Commitments under any Incremental Facility shall be terminated effective as of the day after the effective date of the Incremental Loan Amendment relating thereto.
Appears in 1 contract
Changes of Commitment Amounts. (a) The Company Company, as agent for ----------------------------- the Borrowers, shall have the right, upon not less than three Business Days’ ' notice to the Administrative Agent, to terminate or, or from time to time, time to permanently reduce the Revolving Credit Commitments Commitments, subject to the provisions of this Section 5.4subsection 4.3. To the extent, if any, that the sum of the amount of the Revolving Credit Loans, Swing Line Loans, Loans and Revolving L/C Obligations then outstanding and the amounts available to be drawn under outstanding Letters of Credit exceeds the amount of the Revolving Credit Commitments as then reduced, the Company Company, as agent for the Borrowers, shall be required to make a prepayment equal to such excess amount, the proceeds of which shall be applied applied, first, to ----- payment of the Swing Line Loans then outstanding, second, to payment of the ------ Revolving Credit Loans then outstanding, third, to payment of any Revolving L/C ----- Obligations then outstanding, and lastfourth, to cash collateralize any outstanding ------ Letters of Credit on terms reasonably satisfactory to the Administrative Agent. Any such termination of the Revolving Credit Commitments shall be accompanied by prepayment in full of the Revolving Credit Loans, Swing Line Loans and Revolving L/C Obligations then outstanding and by cash collateralization of any outstanding Letter Letters of Credit on terms reasonably satisfactory to the Administrative Agent. Upon termination of the Revolving Credit Commitments Commitments, any Letter of Credit then outstanding which that has been so cash collateralized shall no longer be considered a “"Letter of Credit”, " as defined in Section subsection 1.1 and any L/C Participating Interests heretofore granted by the Issuing Lender to the Lenders in such Letter of Credit shall be deemed terminated (subject to automatic reinstatement in the event that such cash collateral is returned and the Issuing Lender is not fully reimbursed for any such Revolving L/C Obligations) but the Letter of Credit fees payable under Section 5.11 subsection 3.9 shall continue to accrue to the Issuing Lender and the Participating Lenders (or, in the event of any such automatic reinstatement, as provided in Section 5.11subsection 3.9) with respect to such Letter of Credit until the expiry thereof.
thereof (b) Interest accrued on provided that in lieu of paying a -------- Standby or Commercial L/C fee, as the amount of any partial prepayment pursuant to this Section 5.4 case may be, equal to the date of such partial prepayment shall be paid on the Interest Payment Date next succeeding the date of such partial prepayment. In the case of the termination of the Applicable Margin for Revolving Credit CommitmentsLoans which are Eurodollar Loans per annum, interest accrued on the amount of any prepayment relating thereto and any unpaid commitment fee accrued hereunder Company shall be paid on pay to the date of such termination. Any such partial reduction of the Revolving Credit Commitments shall be in Administrative Agent an amount of $1,000,000 or a whole multiple of $500,000 in excess thereof, and shall reduce permanently the Revolving Credit Commitments then in effectequal to 0.25% per annum).
Appears in 1 contract
Samples: Credit Agreement (Jostens Inc)