Common use of Commitments Exceeded Clause in Contracts

Commitments Exceeded. (A) If on any date, the Revolving Credit Exposures of the Lenders exceed the Total Commitment, or the Revolving Credit Exposure of any Lender exceeds such Lender’s Commitment, or the aggregate principal amount of Swingline Loans exceeds the Swingline Commitment, or the total LC Exposure exceeds the Letter of Credit Commitment, then in each case the Borrowers shall, upon request made by the Administrative Agent, prepay on such date the principal amount of Loans in an aggregate amount equal to such excess or, in the case where total LC Exposure exceeds the Letter of Credit Commitment, pay to the Administrative Agent an amount in cash equal to such excess to be held as security for the reimbursement obligations of the Borrowers in respect of Letters of Credit pursuant to a cash collateral agreement to be entered into in form and substance reasonably satisfactory to the Administrative Agent, the Company and the Issuing Bank. (B) If the Administrative Agent notifies the Company at any time that the Assigned Dollar Value of the outstanding amount of all Loans and Letters of Credit denominated in Alternative Currencies at such time exceeds an amount equal to 105% of the Alternative Currency Sublimit then in effect, then, within two (2) Business Days after receipt of such notice, the Borrowers shall prepay Loans in an aggregate amount sufficient to reduce such outstanding amount as of such date of payment to an amount not to exceed 100% of the Alternative Currency Sublimit then in effect. (C) If the Administrative Agent notifies the Company at any time that the Assigned Dollar Value of the outstanding amount of all Loans and Letters of Credit to and for the account of Foreign Borrowers at such time exceeds an amount equal to 105% of the Foreign Borrower Sublimit then in effect, then, within two (2) Business Days after Company’s receipt of such notice, the Borrowers shall prepay Loans in an aggregate amount sufficient to reduce such outstanding amount as of such date of payment to an amount not to exceed 100% of the Foreign Borrower Sublimit then in effect.

Appears in 2 contracts

Samples: Loan Agreement (Moog Inc.), Loan Agreement (Moog Inc)

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Commitments Exceeded. (A) If on any date, the Revolving Credit Exposures of the Lenders exceed the Total Commitment, or the Revolving Credit Exposure of any Lender exceeds such Lender’s Commitment, or the aggregate principal amount of Swingline Loans exceeds the Swingline Commitment, or the total LC Exposure exceeds the Letter of Credit Commitment, then in each case the Borrowers Borrower shall, upon request made by the Administrative Agent, prepay on such date the principal amount of Loans in an aggregate amount equal to such excess or, in the case where total LC Exposure exceeds the Letter of Credit Commitment, pay to the Administrative Agent an amount in cash equal to such excess to be held as security for the reimbursement obligations of the Borrowers Borrower in respect of Letters of Credit pursuant to a cash collateral agreement to be entered into in form and substance reasonably satisfactory to the Administrative Agent, the Company Borrower and the Issuing Bank. (B) . If the Administrative Agent notifies the Company Borrower at any time that the Assigned Dollar Value of the outstanding amount of all Loans and Letters of Credit denominated in Alternative Currencies at such time exceeds an amount equal to 105% of the Alternative Currency Sublimit then in effect, then, within two (2) Business Days after receipt of such notice, the Borrowers Borrower shall prepay Loans in an aggregate amount sufficient to reduce such outstanding amount as of such date of payment to an amount not to exceed 100% of the Alternative Currency Sublimit then in effect. . In the event of any repayment or prepayment of any Loan (C) If other than a repayment or prepayment of an ABR Loan prior to the Administrative Agent notifies the Company at any time that the Assigned Dollar Value end of the outstanding Availability Period with no related Commitment reduction), the Borrower shall pay all accrued interest on the principal amount repaid or prepaid on the date of all Loans and Letters such repayment or prepayment. The proceeds of Credit any mandatory prepayments paid to and or for the account of Foreign Borrowers at such time exceeds an amount equal the Lenders shall be applied by the Lender entitled thereto on the applicable Indebtedness hereunder first to 105% of the Foreign Borrower Sublimit accrued interest, fees and expenses payable thereon and then in effect, then, within two (2) Business Days after Company’s receipt of such notice, the Borrowers shall prepay Loans in an aggregate amount sufficient to reduce such outstanding amount as of such date of payment to an amount not to exceed 100% of the Foreign Borrower Sublimit then in effectprincipal.

Appears in 1 contract

Samples: Loan Agreement (Moog Inc)

Commitments Exceeded. (A) If on any date, the Revolving Credit Exposures of the Lenders exceed the Total Commitment, or the Revolving Credit Exposure of any Lender exceeds such Lender’s Commitment, or the aggregate principal amount of Swingline Loans exceeds the Swingline Commitment, or the total LC Exposure exceeds the Letter of Credit Commitment, then in each case the Borrowers Borrower shall, upon request made by the Administrative Agent, prepay on such date the principal amount of Loans in an aggregate amount equal to such excess or, in the case where total LC Exposure exceeds the Letter of Credit Commitment, pay to the Administrative Agent an amount in cash equal to such excess to be held as security for the reimbursement obligations of the Borrowers Borrower in respect of Letters of Credit pursuant to a cash collateral agreement to be entered into in form and substance reasonably satisfactory to the Administrative Agent, the Company Borrower and the Issuing Bank. . In the event of any repayment or prepayment of any Loan (B) If other than a repayment or prepayment of an ABR Loan prior to the Administrative Agent notifies the Company at any time that the Assigned Dollar Value end of the outstanding Availability Period with no related Commitment reduction), the Borrower shall pay all accrued interest on the principal amount of all Loans and Letters of Credit denominated in Alternative Currencies at such time exceeds an amount equal to 105% of repaid or prepaid on the Alternative Currency Sublimit then in effect, then, within two (2) Business Days after receipt date of such notice, the Borrowers shall prepay Loans in an aggregate amount sufficient repayment or prepayment. The proceeds of any mandatory prepayments paid to reduce such outstanding amount as of such date of payment to an amount not to exceed 100% of the Alternative Currency Sublimit then in effect. (C) If the Administrative Agent notifies the Company at any time that the Assigned Dollar Value of the outstanding amount of all Loans and Letters of Credit to and or for the account of Foreign Borrowers at such time exceeds an amount equal the Lenders as provided herein shall be applied by the Lender entitled thereto on the applicable Indebtedness hereunder, without any premium or penalty (except for applicable Breakage Fees), first to 105% of the Foreign Borrower Sublimit accrued interest, fees and expenses payable thereon and then in effect, then, within two (2) Business Days after Company’s receipt of such notice, the Borrowers shall prepay Loans in an aggregate amount sufficient to reduce such outstanding amount as of such date of payment to an amount not to exceed 100% of the Foreign Borrower Sublimit then in effectprincipal.

Appears in 1 contract

Samples: Credit Agreement (Astronics Corp)

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Commitments Exceeded. (A) If on any date, the Revolving Credit Exposures of the Lenders exceed the Total Commitment, or the Revolving Credit Exposure of any Lender exceeds such Lender’s Commitment, or the aggregate principal amount of Swingline Loans exceeds the Swingline Commitment, or the total LC Exposure exceeds the Letter of Credit Commitment, then in each case the Borrowers Borrower shall, upon request made by the Administrative Agent, prepay on such date the principal amount of Loans in an aggregate amount equal to such excess or, in the case where total LC Exposure exceeds the Letter of Credit Commitment, pay to the Administrative Agent an amount in cash equal to such excess to be held as security for the reimbursement obligations of the Borrowers Borrower in respect of Letters of Credit pursuant to a cash collateral agreement to be entered into in form and substance reasonably satisfactory to the Administrative Agent, the Company Borrower and the Issuing Bank. (B) Banks. If the Administrative Agent notifies the Company Borrower at any time that the Assigned Dollar Value of the outstanding amount of all Loans and Letters of Credit denominated in Alternative Currencies at such time exceeds an amount equal to 105% of the Alternative Currency Sublimit then in effect, then, within two (2) Business Days after receipt of such notice, the Borrowers Borrower shall prepay Loans in an aggregate amount sufficient to reduce such outstanding amount as of such date of payment to an amount not to exceed 100% of the Alternative Currency Sublimit then in effect. . In the event of any repayment or prepayment of any Loan (C) If other than a repayment or prepayment of an ABR Loan prior to the Administrative Agent notifies the Company at any time that the Assigned Dollar Value end of the outstanding Availability Period with no related Commitment reduction), the Borrower shall pay all accrued interest on the principal amount repaid or prepaid on the date of all Loans and Letters such repayment or prepayment. The proceeds of Credit any mandatory prepayments paid to and or for the account of Foreign Borrowers at such time exceeds an amount equal the Lenders shall be applied by the Lender entitled thereto on the applicable Indebtedness hereunder first to 105% of the Foreign Borrower Sublimit accrued interest, fees and expenses payable thereon and then in effect, then, within two (2) Business Days after Company’s receipt of such notice, the Borrowers shall prepay Loans in an aggregate amount sufficient to reduce such outstanding amount as of such date of payment to an amount not to exceed 100% of the Foreign Borrower Sublimit then in effectprincipal.

Appears in 1 contract

Samples: Loan Agreement (Moog Inc)

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