Commitment to Make Loans. (a) Subject to the terms and conditions and relying upon the representations and warranties herein set forth, each Lender agrees, severally and not jointly, to make Revolving Loans to the Borrowers, at any time and from time to time during the Revolving Credit Availability Period, in an aggregate principal amount at any one time outstanding not to exceed the excess, if any, of such Lender’s Revolving Credit Commitment set forth opposite its name on Schedule 2.02(a) (as the same may be reduced or increased from time to time pursuant to the terms hereof) over its Applicable Percentage of the sum of the Dollar Amount of outstanding and unpaid Revolving Loans at such time, plus the Dollar Amount of its Letter of Credit Exposure at such time, plus its Swingline Exposure at such time; provided, that, (i) the aggregate outstanding principal Dollar Amount of Foreign Currency Revolving Loans together with the aggregate Dollar Amount of Letter of Credit Exposure in respect of Foreign Currency Letters of Credit shall not exceed the Aggregate Foreign Currency Commitment at any time, (ii) the aggregate principal Dollar Amount of Letter of Credit Exposure shall not exceed the limits applicable thereto as set forth in Section 2.23, (iii) the aggregate outstanding principal amount of Swingline Loans shall not exceed the limits set forth in Section 2.02(c), (iv) the Aggregate Outstanding Credit Exposure shall not exceed the Aggregate Commitment and (v) the aggregate outstanding principal Dollar Amount of Loans made to the Subsidiary Borrower plus the aggregate Letter of Credit Exposure of the Lenders in respect of Letters of Credit issued for the account of the Subsidiary Borrower shall not exceed the Aggregate Subsidiary Borrower Commitment.
(b) The Borrowers may borrow, pay or prepay and reborrow Revolving Loans during the Revolving Credit Availability Period, within the limits set forth in Section 2.02(a) and upon the other terms and subject to the other conditions and limitations set forth herein.
(c) Subject to the terms and conditions and relying on the representations and warranties herein set forth, the Swingline Lender agrees to make loans to the Borrower, from time to time during the Revolving Credit Availability Period, in an aggregate principal amount at any one time outstanding not to exceed the lesser of (i) $20,000,000 and (ii) the excess, if any, of the Aggregate Commitment at such time over the Aggregate Outstanding Credit Exposure at such time. Each Swing...
Commitment to Make Loans. From time to time on any Business Day occurring prior to the Commitment Termination Date, the Lender will make a loan (a "Loan") to the Borrower equal to the aggregate principal amount requested by the Borrower to be loaned on such day. The commitment of the Lender described in this SECTION 2.
1.1 is herein referred to as its "Commitment". On the terms and subject to the conditions hereof, the Borrower may from time to time borrow, prepay and reborrow Loans.
Commitment to Make Loans. Upon request from time to time prior to the ------------------------ Final Maturity Date, each Lender severally agrees to make revolving loans to the Borrower (such Lender's "Loans") so long as (a) each Loan by such Lender does ----- not exceed such Lender's Percentage Share of the aggregate amount of Loans then requested from all Lenders, (b) the sum of (i) the aggregate amount of such Lender's Loans outstanding at any time plus (ii) the Maximum Drawing Amount for which such Lender is liable to purchase participations under Section 3.3 (c) plus (iii) the Matured LC Obligations which have been funded by such Lender under such section and not repaid plus (iv) such Lender's Percentage Share of all Indebtedness incurred under Section 6.2(a)(vi) hereof does not exceed such Lender's Percentage Share of the Borrowing Base then outstanding and (c) the aggregate amount of all Loans outstanding plus all LC Obligations plus all Indebtedness incurred under Section 6.2(a)(vi) hereof does not exceed the Borrowing Base then outstanding. The aggregate amount of all Loans requested of all Lenders in any Request for Advance must be greater than or equal to $1,000,000 (or a higher integral multiple of $500,000) or, subject to the $1,000,000 minimum aggregate amount applicable to any LIBOR Tranche in any Rate Election, may equal the unadvanced portion of the Borrowing Base or an amount required to finance the reimbursement of an LC Disbursement as contemplated by Section 3.3. Subject to provisions of this Agreement, the Loans may be prepaid and reborrowed prior to the Final Maturity Date.
Commitment to Make Loans. Each Bank severally agrees to make a Loan to the Company on the Closing Date in an aggregate amount not to exceed such Bank’s Commitment. The Loans will be made available subject only to the conditions set forth in Section 9.
Commitment to Make Loans. (a) Subject to the terms and conditions and relying upon the representations and warranties herein set forth, each Lender agrees, severally and not jointly, to make Loans to the Borrower, at any time and from time to time during the Availability Period, in an aggregate principal amount at any one time outstanding not to exceed an amount equal to the excess, if any, of (i) such Lender's Commitment set forth opposite its name on Schedule 2.02 (as the same may be reduced from time to time pursuant to Section 2.10 or changed from time to time pursuant to an assignment in accordance with Section 9.04) over (ii) the sum of (A) such Lender's Commitment Percentage of the aggregate outstanding and unpaid Loans at such time, and (B) such Lender's Letter of Credit Exposure at such time. It is understood and agreed that the total amount of outstanding Loans plus the total aggregate Letter of Credit Exposure at any time shall not exceed, at any time, the aggregate Commitments of all Lenders then in effect at such time.
(b) The Borrower may borrow, pay or prepay and reborrow Loans during the Availability Period, within the limits set forth in Section 2.02(a) and upon the other terms and subject to the other conditions and limitations set forth herein.
Commitment to Make Loans. From time to time prior to the Availability Termination Date, subject to the other provisions of this Agreement and the other Loan Documents, Lender hereby agrees to make loans to Borrower (such loans, the “Loans”) in an amount such that the aggregate principal amount of all Loans outstanding at any time shall not to exceed $35,000,000 (the “Commitment”). Subject to the terms and conditions hereof and prior to the Availability Termination Date, once borrowed and repaid, Loans may be reborrowed.
Commitment to Make Loans. Subject to the terms and conditions of this Agreement, each Bank, severally and for itself alone, agrees to make a term loan to the Company on the Closing Date in an amount equal to such Bank’s Percentage of $125,000,000.
Commitment to Make Loans. (a) Subject to the terms and conditions and relying upon the representations and warranties herein set forth, each Lender agrees, severally and not jointly, to make Revolving Loans to the Borrower, at any time and from time to time during the Revolving Credit Availability Period, in an aggregate principal amount at any time outstanding not to exceed the excess, if any, of (i) such Lender's Revolving Credit Commitment over (ii) its Letter of Credit Exposure at such time, provided that, in no event shall the Lenders be required to make any Revolving Loans if, after giving effect to such Loans, the sum of (A) the aggregate principal amount of outstanding Revolving Loans on any date plus (ii) the Letter of Credit Exposure on such date exceed the aggregate Revolving Credit Commitments of all the Lenders. On the Closing Date, subject to the satisfaction of the conditions precedent set forth in Sections 4.01 and 4.02, the Lenders shall make Revolving Loans to the Borrower in a minimum amount of $2,000,000. The Revolving Loans made on the Closing Date shall initially be ABR Revolving Loans.
(b) At any time during the period beginning 60 days prior to the Conversion Date and ending on the date that is 30 Business Days prior to the Conversion Date, the Borrower in its sole discretion may elect (the "Term-Out Option") by written notice to the Administrative Agent, (i) to convert all or a portion of the Revolving Loans outstanding on the Conversion Date into term loans (each such loan, a "Term Loan") on the Conversion Date and (ii) subject to the terms of Section 2.21(a), to request an extension of the expiration of any Letter of Credit outstanding on the Term-Out Effective Date to a date no later than the date which is five Business Days prior to the Maturity Date. The Term-Out Option shall become effective on the Term-Out Effective Date upon the receipt by the Administrative Agent of an Officers' Certificate, dated as of the Term-Out Effective Date, certifying as of such date, that:
(i) the ratio of Parent Consolidated Funded Debt to Parent Consolidated Cash Flow as of the Term-Out Effective Date shall be no greater than 5.00 to 1.00 (together with supporting calculations and pro forma financial statements demonstrating compliance with such condition to the satisfaction of the Agents);
(ii) neither the Borrower nor any of its Subsidiaries shall have made any Restricted Payment since the date of the most recent Borrowing or issuance of Letter of Credit if, on the dat...
Commitment to Make Loans. (a) Subject to the terms and conditions, and in reliance upon the representations and warranties set forth herein and in the other Related Documents, the Purchaser agrees to make Loans to the Issuer on the terms and subject to the conditions set forth in the Series 1997-1
Commitment to Make Loans. Subject to all of the terms and conditions of this Agreement (including the conditions set forth in Sections 6.1 and 6.2) and in reliance upon the representations and warranties of the Borrower herein set forth, each Lender hereby severally agrees to make Loans to the Borrower from time to time during the Commitment Period, in amounts up to its Percentage of the aggregate Revolving Credit Commitments, for the purposes identified in Section 2.10. In no event shall (a) the aggregate principal amount of the Loans made by any Lender outstanding at any time exceed such Lender's Revolving Credit Commitment, or (b) the aggregate principal amount of the Loans made by all Lenders outstanding at any time exceed the Revolving Credit Commitments. Each Lender's Revolving Credit Commitment shall expire upon the expiration of the Commitment Period, and all Loans shall be paid in full no later than the Maturity Date.
