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 Swingline Loan shall be in a principal amount that is an integral multiple of $100,000.
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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 BorrowersBorrower, 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 's Revolving Credit Commitment set forth opposite its name on Schedule 2.02(a2.02
(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 PLUS the Dollar Amount of its Letter of Credit Exposure at such time, plus PLUS its Swingline Exposure at such time; providedPROVIDED, thatTHAT, (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 $125,000,000 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), ) and (iv) the Aggregate Outstanding Credit Exposure shall not exceed the Net 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 Borrower 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 10,000,000 and (ii) the excess, if any, of the Net Aggregate Commitment at such time over the Aggregate Outstanding Credit Exposure at such time. Each Swingline Loan shall be in a principal amount that is an integral multiple of $100,000.
Appears in 1 contract
Commitment to Make Loans. (a) Subject to the terms and conditions and relying upon the representations and warranties herein set forth, each Tranche A Lender agrees, severally and not jointly, to make Tranche A Revolving Loans to the BorrowersBorrower, at any time and from time to time during the Tranche A 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 's Tranche A Revolving Credit Commitment set forth opposite its name on Schedule 2.02(a2.01(a) (as the same may be reduced or increased from time to time pursuant to the terms hereofSection 2.09 or changed from time to time pursuant to an assignment in accordance with Section 9.04) over its Applicable Percentage of the sum of the Dollar Amount its Applicable Tranche A Percentage of outstanding and unpaid Tranche A Revolving Loans at such time, plus the Dollar Amount of PLUS its Letter of Credit Exposure at such time, plus 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) Subject to the terms and conditions and relying upon the representations and warranties herein set forth, each Tranche B Lender agrees, severally and not jointly, to make Tranche B Revolving Loans to the Borrower, at any time and from time to time during the Tranche B 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 Tranche B Revolving Credit Commitment set forth opposite its name on Schedule 2.01(b) (as the same may be reduced from time to time pursuant to Section 2.09 or changed from time to time pursuant to an assignment in accordance with Section 9.04), over its Applicable Tranche B Percentage of outstanding and unpaid Tranche B Revolving Loans at such time.
(c) The Borrowers Borrower may borrow, pay or prepay and reborrow Tranche A Revolving Loans during the Tranche A Revolving Credit Availability Period and Tranche B Revolving Loans during the Tranche B Revolving Credit Availability Period, within the limits set forth in Section 2.02(a2.01(a) and (b) and upon the other terms and subject to the other conditions and limitations set forth herein.
(cd) 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 Tranche A Revolving Credit Availability Period, in an aggregate principal amount at any one time outstanding not to exceed the lesser of (i) $20,000,000 10,000,000 and (ii) the excess, if any, of the Aggregate Commitment at such aggregate amount of all Lenders' Tranche A Revolving Credit Commitments, as the same may be reduced from time to time pursuant to Section 2.09 or changed from time to time pursuant to an assignment in accordance with Section 9.04, over the Aggregate Outstanding sum of (A) the then outstanding and unpaid Tranche A Revolving Credit Loans, (B) the then outstanding aggregate Letter of Credit Exposure at such timeand (C) the then outstanding aggregate Swingline Exposure. Each Swingline Loan shall be in a principal amount that is an integral multiple of $100,000.
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Commitment to Make Loans. (a) Each Lender made a Tranche A Term Loan to the Borrower on the Closing Date in a principal amount equal to the amount of its Tranche A Term Loan Commitment.
(b) Each Lender made a Tranche B Term Loan to the Borrower on the Closing Date in a principal amount equal to the amount of its Tranche B Term Loan Commitment.
(c) Subject to the terms and conditions and relying upon the representations and warranties herein set forth, each Revolving Credit Lender agrees, severally and not jointly, to make Revolving Loans in dollars to the BorrowersBorrower, 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 (i) such Lender’s 's Revolving Credit Commitment Commitment, as set forth opposite its name on in Schedule 2.02(a2.02(c), at such time over (ii) (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 such Lender's 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.
(cd) Subject to the terms and conditions and relying on upon the representations and warranties herein set forth, the Swingline Lender agrees to make loans Swingline Loans to the Borrower, Borrower 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 lesser of (i) $20,000,000 2,000,000 and (ii) the excess, if any, of (A) the Aggregate Commitment Revolving Credit Commitments at such time over (B) the Dollar Amount of the Aggregate Outstanding Revolving Credit Exposure at such time.
(e) The Borrower may borrow, pay or prepay and reborrow Revolving Loans and Swingline Loans during the Revolving Credit Availability Period, within the limits set forth in Sections 2.02(c) and 2.02(d) and upon the other terms and subject to the other conditions and limitations set forth herein. Each Swingline Loan shall Amounts paid or prepaid in respect of the Tranche A Term Loans or the Tranche B Term Loans may not be in a principal amount that is an integral multiple of $100,000reborrowed.
Appears in 1 contract
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 a Tranche A Term Loan to the Borrower on the Closing Date in a principal amount equal to the amount of its Tranche A Term Loan Commitment.
(b) 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 a Tranche B Term Loan to the Borrower on the Closing Date in a principal amount equal to the amount of its Tranche B Term Loan Commitment.
(c) Subject to the terms and conditions and relying upon the representations and warranties herein set forth, each Revolving Credit Lender agrees, severally and not jointly, to make Revolving Loans to the BorrowersBorrower, 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 (i) such Lender’s '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 time over (ii) such Lender's Revolving Credit Exposure at such time.
(d) Subject to the terms and conditions and relying upon the representations and warranties herein set forth, plus its the Swingline Lender agrees to make Swingline Loans to the Borrower at any time and from time to time after the Closing Date and during the Revolving Credit Availability Period, in an aggregate principal amount at any time outstanding not to exceed the lesser of (i) $2,000,000 and (ii) the excess, if any, of (A) the Revolving Credit Commitments at such time over (B) the Aggregate Revolving Credit 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.
(be) The Borrowers Borrower may borrow, pay or prepay and reborrow Revolving Loans and Swingline Loans during the Revolving Credit Availability Period, within the limits set forth in Section 2.02(aSections 2.01(c) and 2.01(d) 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, . Amounts paid or prepaid 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, respect of the Aggregate Commitment at such time over Tranche A Term Loans or the Aggregate Outstanding Credit Exposure at such time. Each Swingline Loan shall Tranche B Term Loans may not be in a principal amount that is an integral multiple of $100,000reborrowed.
Appears in 1 contract
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 BorrowersBorrower, 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 's Revolving Credit Commitment set forth opposite its name on Schedule 2.02(a2.02
(a) (as the same may be reduced or increased from time to time pursuant to the terms hereofSection 2.10 or changed from time to time pursuant to an assignment in accordance with Section 9.04) over the sum of its Applicable Percentage of the sum of the Dollar Amount of outstanding and unpaid Revolving Loans at such time, plus PLUS the Dollar Amount of its Letter of Credit Exposure at such time, plus 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 Borrower 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 10,000,000 and (ii) the excess, if any, of the Aggregate Commitment at such aggregate amount of all Lenders' Revolving Credit Commitments, 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 the Aggregate Outstanding sum of (A) the then outstanding and unpaid Revolving Credit Loans, (B) the then outstanding Dollar Amount of aggregate Letter of Credit Exposure at such timeand (C) the then outstanding aggregate Swingline Exposure. Each Swingline Loan shall be in a principal amount that is an integral multiple of $100,000.
Appears in 1 contract
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 Tranche A Revolving Loans to the BorrowersBorrower, at any time and from time to time during the Tranche A Revolving Credit Availability Period, in an aggregate principal amount at any one time outstanding not to exceed the lesser of (i) the excess, if any, of (A) such Lender's Tranche A Revolving Credit Commitment over (B) its Tranche A Letter of Credit Exposure at such time and (ii) the excess, if any, of (A) such Lender's Tranche A Revolving Credit Commitment Percentage of the Borrowing Base at such time over (B) its Tranche A Letter of Credit Exposure at such time, provided that, in no event shall the Lenders be required to make any Tranche A Revolving Loans if, after giving effect to such Loans, the sum of (I) the aggregate principal amount of outstanding Tranche A Revolving Loans on any date plus (II) the Tranche A Letter of Credit Exposure on such date exceed the aggregate Tranche A Revolving Credit Commitments of all the Lenders.
(b) 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 Tranche B Revolving Loans to the Borrower, at any time and from time to time during the Tranche B 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 's Tranche B Revolving Credit Commitment set forth opposite over (ii) 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 Tranche B Letter of Credit Exposure at such time, provided that, in no event shall the Lenders be required to make any Tranche B Revolving Loans if, after giving effect to such Loans, the sum of (A) the aggregate principal amount of outstanding Tranche B Revolving Loans on any date plus (B) the Tranche B Letter of Credit Exposure on such date exceed the aggregate Tranche B Revolving Credit Commitments of all the Lenders.
(c) At any time during the period beginning 60 days prior to the Tranche B Conversion Date and ending on the date that is 30 Business Days prior to the Tranche B Conversion Date, the Borrower in its Swingline Exposure at such time; provided, thatsole discretion may elect (the "Tranche B Term-Out Option") by written notice to the Administrative Agent, (i) to convert all or a portion of the aggregate Tranche B Revolving Term Loans outstanding principal Dollar Amount on the Tranche B Conversion Date into term loans (each such loan, a "Tranche B Term Loan") on the Tranche B Conversion Date and (ii) subject to the terms of Foreign Currency Revolving Loans Section 2.21(b), to request an extension of the expiration of any Tranche B Letter of Credit outstanding on the Tranche B Term-Out Effective Date to a date no later than the date which is five Business Days prior to the Tranche B Maturity Date. The Tranche B Term-Out Option shall become effective on the Tranche B Term-Out Effective Date upon the receipt by the Administrative Agent of an Officers' Certificate, dated as of the Tranche B 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 Tranche B 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 aggregate Dollar Amount 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 Exposure in respect if, on the date of Foreign Currency Letters such Restricted Payment, the ratio of Credit shall not exceed the Aggregate Foreign Currency Commitment at any time, (iix) Parent Consolidated Cash Flow to (y) Parent Consolidated Interest Expense plus the aggregate principal Dollar Amount amount of Letter Restricted Payments made by the Public Partnership to its equityholders during the Reference Period with respect to such date, was less than 0.75 to 1.00 (together with supporting calculations and pro forma financial statements demonstrating compliance with such condition to the satisfaction of Credit Exposure shall not exceed the limits applicable thereto as set forth in Section 2.23, Agents);
(iii) on the aggregate outstanding principal amount Tranche B Term-Out Effective Date, the Public Partnership and its Subsidiaries shall have in effect weather insurance coverage of Swingline Loans shall not exceed the limits set forth in Section 2.02(c), at least $12,500,000 on a consolidated basis;
(iv) the Aggregate Outstanding Credit Exposure representations and warranties set forth in Article III hereof and the representations and warranties of the Borrower and the other Loan Parties set forth in the other Loan Documents shall not exceed be true and correct in all material respects on and as of the Aggregate Commitment Tranche B Term-Out Effective Date with the same effect as though made on and as of such date, except to the extent such representations and warranties expressly relate to an earlier date (in which case such representations and warranties shall be true and correct in all material respects on and as of such earlier date); and
(v) the aggregate outstanding principal Dollar Amount no Default or Event of Loans made to the Subsidiary Borrower plus the aggregate Letter of Credit Exposure Default shall have occurred and be continuing as of the Lenders in respect of Letters of Credit issued for the account of the Subsidiary Borrower shall not exceed the Aggregate Subsidiary Borrower CommitmentTranche B Term-Out Effective Date.
(bd) The Borrowers Borrower may borrow, pay or prepay and reborrow Tranche A Revolving Loans during the Tranche A Revolving Credit Availability Period, within the limits set forth in Section 2.02(a2.01(a) and upon the other terms and subject to the other conditions and limitations set forth herein.
(c. The Borrower may borrow, pay or prepay and reborrow Tranche B Revolving Loans during the Tranche B Revolving Credit Availability Period, within the limits set forth in Section 2.01(b) Subject and upon the other terms and subject to the other conditions and limitations set forth herein, provided that, subject to the terms and conditions and relying on set forth herein, at all times 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, Borrower shall maintain Tranche B Loans outstanding in an aggregate a minimum principal amount at any one time outstanding not to exceed of $500,000 until the lesser earlier of (ix) $20,000,000 Facility B is terminated in full through acceleration or otherwise and (iiy) the excess, if any, Facility Obligations under the Parity Debt Credit Agreement have been paid in full in cash and the Commitments under the Parity Debt Credit Agreement have been fully terminated. Amounts paid or prepaid in respect of the Aggregate Commitment at such time over the Aggregate Outstanding Credit Exposure at such time. Each Swingline Loan shall Tranche B Term Loans may not be in a principal amount that is an integral multiple of $100,000reborrowed.
Appears in 1 contract
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 BorrowersBorrower, 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 's Revolving Credit Commitment set forth opposite its name on Schedule 2.02(a2.02
(a) (as the same may be reduced or increased from time to time pursuant to the terms hereofSection 2.10 or changed from time to time pursuant to an assignment in accordance with Section 9.04) 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 $100,000,000 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, and (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 Borrower 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 10,000,000 and (ii) the excess, if any, of the Aggregate Commitment at such aggregate amount of all Lenders' Revolving Credit Commitments, 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 the Aggregate Outstanding sum of (A) the Dollar Amount of then outstanding and unpaid Revolving Loans, (B) the outstanding Dollar Amount of aggregate Letter of Credit Exposure at such timeand (C) the outstanding aggregate Swingline Exposure. Each Swingline Loan shall be in a principal amount that is an integral multiple of $100,000.
Appears in 1 contract
Commitment to Make Loans. (a) Subject to the terms and conditions and relying upon the representations and warranties herein set forthforth herein, each Lender agrees, having a Revolving Credit Loan Commitment severally and not jointly, agrees to make loans (each such loan, a “Revolving Loans Credit Loan”) to the Borrowers, at any time and Borrowers from time to time time, on any Business Day during the Revolving Credit Availability Period, in an aggregate principal amount at any one time outstanding not to exceed at any time outstanding the excess, if any, amount 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 timeLoan Commitment; provided, thathowever, that after giving effect to any Revolving Credit Loans, (i) the aggregate outstanding principal Dollar Amount of Foreign Currency Total Revolving Loans together with the aggregate Dollar Amount of Letter of Credit Exposure in respect of Foreign Currency Letters of Credit Outstandings shall not exceed the Aggregate Foreign Currency Commitment at any timeaggregate amount of the Revolving Credit Loan Commitments, and (ii) the aggregate principal Dollar Outstanding Amount of Letter the Revolving Credit Loans of Credit Exposure any Lender, plus such Lender’s Pro Rata Share of the Outstanding Amount of all L/C Obligations, shall not exceed such Lender’s Revolving Credit Loan Commitment. Within the limits of each applicable thereto as set forth in Lender’s Revolving Credit Loan Commitment, and subject to the other terms and conditions hereof, the Borrowers may borrow under this Section 2.23, (iii) the aggregate outstanding principal amount of Swingline Loans shall not exceed the limits set forth in Section 2.02(c2.01(a), (iv) the Aggregate Outstanding prepay under Section 2.03, and reborrow under this Section 2.01(a). Revolving 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 Commitmentmay be Base Rate Loans, Eurodollar Rate Loans or One-Month LIBO Rate Loans, as further provided herein.
(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.[Reserved]
(c) Subject to the terms and conditions and relying on the representations and warranties herein set forthforth herein, the Swingline each Lender having a Development Loan Commitment severally agrees to make loans (each such loan, a “Development Loan”) to the Borrower, Borrowers from time to time time, on any Business Day during the Revolving Credit Development Loan Availability PeriodPeriod (but in no event more frequently than five (5) times in any calendar month), in an aggregate principal amount at any one time outstanding not to exceed at any time outstanding the lesser amount of (i) $20,000,000 and (ii) such Lender’s Development Loan Commitment; provided, however, that after giving effect to any Development Loans, the excess, if any, Total Development Loan Outstandings shall not exceed the aggregate amount of the Aggregate Commitment at Development Loan Commitments. Within the limits of each applicable Lender’s Development Loan Commitment, and subject to the other terms and conditions hereof, the Borrowers may borrow under this Section 2.01(c), prepay under Section 2.03 and reborrow under this Section 2.01(c). Development Loans may be Base Rate Loans, Eurodollar Rate Loans or One-Month LIBO Rate Loans, as further provided herein.
(d) On any Conversion Date, the Total Development Loan Outstandings as of such time over the Aggregate Outstanding Credit Exposure at such time. Each Swingline Loan date shall be in converted to a principal term loan (each, a “Converted Term Loan” and collectively, the “Converted Term Loans”). As of such Conversion Date, the Maximum Development Loan Commitment shall be reduced by an amount that is an integral multiple equal to the Total Development Loan Outstandings covered to a Converted Term Loan. No amount of $100,000the Converted Term Loan repaid or prepaid by the Borrower may be reborrowed hereunder. The Converted Term Loans may be Base Rate Loans, Eurodollar Rate Loans or One-Month LIBO Rate Loans.
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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 's Revolving Credit Commitment set forth opposite its name on Schedule 2.02(a2.02
(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 $75,000,000 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 Net 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$50,000,000.
(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 10,000,000 and (ii) the excess, if any, of the Net Aggregate Commitment at such time over the Aggregate Outstanding Credit Exposure at such time. Each Swingline Loan shall be in a principal amount that is an integral multiple of $100,000.
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