Common use of Commitments of the Lenders Clause in Contracts

Commitments of the Lenders. (a) Each Lender, severally and not jointly with any other Lender, agrees, upon the terms and subject to the conditions herein set forth in this Agreement including without limitation, the conditions set forth in Article V and the limitations set forth in Section 2.2, to extend credit to the Borrowers on a revolving basis, in the form of Revolving Loans and Letters of Credit and in an amount not to exceed the lesser of (i) such Lender's Commitment or (ii) such Lender's Commitment Percentage of the Borrowing Base. (b) Each Borrowing of Revolving Loans (other than Swingline Loans) shall be made by the Lenders PRO RATA in accordance with their respective Commitments. The failure of any Lender to make any Revolving Loan shall neither relieve any other Lender of its obligation to fund its Loan in accordance with the provisions of this Agreement nor increase the obligation of any such other Lender.

Appears in 1 contract

Samples: Debt Agreement (Footstar Inc)

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Commitments of the Lenders. (a) Each Lender, severally and not jointly with any other Lender, agrees, upon the terms and subject to the conditions herein set forth in this Agreement including without limitation, the conditions set forth in Article V and the limitations set forth in Section 2.2forth, to extend credit to the Borrowers on a revolving basis, in the form of Revolving Loans and Letters of Credit and Credit, in an amount not to exceed the lesser of (i) such Lender's ’s Commitment or (ii) such Lender's ’s Commitment Percentage of the Borrowing Base, subject to the following limitations: (i) After giving effect to any Credit Extension, the aggregate outstanding amount of the Credit Extensions shall not at any time exceed the lesser of (A) the Total Commitments minus the Borrowing Base Reserve or (B) the Borrowing Base. (ii) No Lender, other than the Issuing Bank subject to the terms and conditions set forth herein, shall be obligated to issue any Letter of Credit, and Letters of Credit shall be available solely from the Issuing Bank, subject to the ratable participation of all Lenders, as set forth in Section 2.06. The Borrowers will not at any time permit the aggregate Letter of Credit Outstandings to exceed $15,000,000. (iii) Subject to all of the other provisions of this Agreement, Revolving Loans that are repaid may be reborrowed prior to the Termination Date, and no new Credit Extensions shall be made to the Borrowers after the Termination Date. (b) Each Borrowing of Revolving Loans to the Borrowers (other than Swingline Loans) shall be made by the Lenders PRO RATA pro rata in accordance with their respective Commitments. The failure of any Lender to make any Revolving Loan to the Borrowers shall neither relieve any other Lender of its obligation to fund its Revolving Loan in accordance with the provisions of this Agreement nor increase the obligation of any such other Lender.

Appears in 1 contract

Samples: Credit Agreement (Trans World Entertainment Corp)

Commitments of the Lenders. (a) Each Lender, Lender severally and not jointly with any other Lender, agrees, upon the terms and subject to the conditions herein set forth in this Agreement including without limitation, the conditions set forth in Article V and the limitations set forth in Section 2.2forth, to extend credit to the Borrowers on a revolving basis, in the form of Revolving Loans and Letters of Credit and Credit, in an amount not to exceed the lesser of (i) such Lender's Commitment or (ii) such Lender's Commitment Percentage of the Borrowing Base, subject to the following limitations: (i) The aggregate outstanding amount of the Revolving Loans and Letter of Credit Outstandings shall not at any time exceed the lesser of (A) the Borrowing Base or (B) the Total Commitments. (ii) No Lender shall be obligated to issue any Letter of Credit, and Letters of Credit shall be available solely from the Issuing Bank, subject to the ratable participation of all Lenders, as set forth in Section 2.07. The Borrowers will not at any time permit the aggregate Letter of Credit Outstandings to exceed $20,000,000. (iii) Subject to all of the other provisions of this Agreement, Revolving Loans that are repaid may be reborrowed prior to the Termination Date and no new Credit Extension shall be made to the Borrowers after the Termination Date. (b) Each Borrowing of Revolving Loans (other than Swingline Loans) shall be made by the Lenders PRO RATA pro rata in accordance with their respective Commitments. The failure of any Lender to make any Revolving Loan shall neither relieve any other Lender of its obligation to fund its Revolving Loan in accordance with the provisions of this Agreement nor increase the obligation of any such other Lender.

Appears in 1 contract

Samples: Credit Agreement (Marsh Supermarkets Inc)

Commitments of the Lenders. (a) Each Lender, Lender severally and not jointly with any other Lender, agrees, upon the terms and subject to the conditions herein set forth in this Agreement including without limitation, the conditions set forth in Article V and the limitations set forth in Section 2.2forth, to extend credit to the Borrowers Borrower on a revolving basis, in the form of Revolving Loans and Letters of Credit and Loans, in an amount not to exceed the lesser of (i) such Lender's ’s Commitment or (ii) such Lender's ’s Commitment Percentage of the Borrowing Base, subject to the following limitations: (i) The aggregate outstanding amount of the Revolving Loans shall not at any time exceed the lesser of (A) the Borrowing Base or (B) the Total Commitments. (ii) Subject to all of the other provisions of this Agreement, Revolving Loans that are repaid may be reborrowed prior to the Termination Date and no new Credit Extension shall be made to the Borrower after the Termination Date. (b) Each Borrowing of Revolving Loans (other than Swingline Loans) shall be made by the Lenders PRO RATA pro rata in accordance with their respective Commitments. The failure of any Lender to make any Revolving Loan shall neither relieve any other Lender of its obligation to fund its Revolving Loan in accordance with the provisions of this Agreement nor increase the obligation of any such other Lender.

Appears in 1 contract

Samples: Credit Agreement (American Color Graphics Inc)

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Commitments of the Lenders. (a) Each Lender, Lender severally and not jointly with any other Lender, agrees, upon the terms and subject to the conditions herein set forth in this Agreement including without limitation, the conditions set forth in Article V and the limitations set forth in Section 2.2forth, to extend credit to the Borrowers on a revolving basis, in the form of Revolving Loans and Letters of Credit and Credit, in an amount not to exceed the lesser of (i) such Lender's ’s Commitment or (ii) such Lender's ’s Commitment Percentage of the Borrowing Base, subject to the following limitations: (i) The aggregate outstanding amount of the Credit Extensions shall not at any time exceed the lesser of the Total Commitments or the Borrowing Base. (ii) No Lender, other than the Issuing Bank subject to the terms and conditions set forth herein, shall be obligated to issue any Letter of Credit, and Letters of Credit shall be available solely from the Issuing Bank, subject to the ratable participation of all Lenders, as set forth in Section 2.07. The Borrowers will not at any time permit the aggregate Letter of Credit Outstandings to exceed $30,000,000. (iii) Subject to all of the other provisions of this Agreement, Revolving Loans that are repaid may be reborrowed prior to the Termination Date and no new Credit Extensions shall be made to the Borrowers after the Termination Date. (b) Each Borrowing of Revolving Loans to the Borrowers (other than Swingline Loans) shall be made by the Lenders PRO RATA pro rata in accordance with their respective Commitments. The failure of any Lender to make any Revolving Loan to the Borrowers shall neither relieve any other Lender of its obligation to fund its Revolving Loan in accordance with the provisions of this Agreement nor increase the obligation of any such other Lender.

Appears in 1 contract

Samples: Credit Agreement (Trans World Entertainment Corp)

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