COMMITMENTS; USE OF PROCEEDS. (a) Subject to and upon the terms and conditions herein set forth, each Lender severally agrees to make to Intermet from time to time on and after the Closing Date, but prior to the Revolving Termination Date, Syndicated Loans in an aggregate amount outstanding at any time not to exceed such Lender's Commitment, subject, however, to the conditions that (i) at no time shall the outstanding principal amount of all Syndicated Loans exceed the sum of the Commitments, and (ii) at all times shall the outstanding principal amount of the Syndicated Loans of each Lender equal the product of each Lender's Pro Rata Share of the Commitments multiplied by the aggregate outstanding amount of the Syndicated Loans. Intermet shall be entitled to repay and reborrow Syndicated Loans in accordance with the provisions hereof. (b) Subject to and upon the terms and conditions herein set forth, each Lender severally agrees to convert all of such Lender's Syndicated Loans which are outstanding on the Revolving Termination Date into a single Term Loan by such Lender to Intermet on the Revolving Termination Date. Term Loans which are repaid or prepaid by Intermet may not be reborrowed. (c) Each Loan shall, at the option of Intermet, be made or continued as, or converted into, part of one or more Borrowings that shall consist entirely of Base Rate Advances or Eurodollar Advances. The aggregate principal amount of each Borrowing of Loans shall be not less than $5,000,000 or a greater integral multiple of $1,000,000, provided that each Borrowing of Loans comprised of Base Rate Advances shall be not less than $1,000,000 or a greater integral multiple of $100,000 and provided, further, that this sentence shall not otherwise apply to the initial Borrowing of Term Loans to the extent that such initial Borrowing is comprised of Base Rate Advances. At no time shall the number of outstanding Borrowings comprised of Eurodollar Advances exceed twelve. (d) The proceeds of Loans shall be used solely as working capital and for other general corporate purposes, including Acquisitions, Investments, the repayment of Indebtedness (including Indebtedness under the Prior Credit Agreement) and the funding of capital expenditures of the Consolidated Companies.
Appears in 1 contract
Samples: Credit Agreement (Intermet Corp)
COMMITMENTS; USE OF PROCEEDS. (a) Subject to and upon the terms and conditions herein set forth, each Lender severally agrees to make to Intermet from time to time on and after the Closing Date, but prior to the Revolving Termination Maturity Date, Syndicated Loans in an aggregate amount outstanding at any time not to exceed such Lender's CommitmentCommitment minus such Lender's Pro Rata Share of the Letter of Credit Obligations, subject, however, to the conditions that (i) at no time shall the sum of the (x) the outstanding principal amount of all Syndicated Loans Loans, plus (y) the outstanding principal amount of all Bid Rate Loans, plus (z) the outstanding Letter of Credit Obligations, exceed the sum of the Commitments, (ii) at no time shall the sum of the outstanding principal amount of Syndicated Loans comprised of Overnight Rate Advances exceed $30,000,000, and (iiiii) at all times shall the outstanding principal amount of the Syndicated Loans of each Lender equal the product of each Lender's Pro Rata Share of the Commitments multiplied by the aggregate outstanding amount of the Syndicated Loans. In addition, at no time shall the outstanding principal amount of the Bid Rate Loans outstanding under this Agreement exceed $100,000,000. Intermet shall be entitled to repay and reborrow Syndicated Loans in accordance with the provisions hereof.
(b) Subject to and upon the terms and conditions herein set forth, each Lender severally agrees to convert all of such Lender's Each Syndicated Loans which are outstanding on the Revolving Termination Date into a single Term Loan by such Lender to Intermet on the Revolving Termination Date. Term Loans which are repaid or prepaid by Intermet may not be reborrowed.
(c) Each Loan shall, at the option of Intermet, be made or continued as, or converted into, part of one or more Borrowings that shall consist entirely of Base Rate Advances Advances, Eurodollar Advances, or Eurodollar subject to the limitation set forth in subsection (a) above, Overnight Rate Advances. The aggregate principal amount of each Borrowing of Syndicated Loans shall be not less than $5,000,000 or a greater integral multiple of $1,000,000, provided that each Borrowing of Syndicated Loans comprised of Base Rate Advances or Overnight Rate Advances shall be not less than $1,000,000 or a greater integral multiple of $100,000 and provided, further, that this sentence shall not otherwise apply to the initial Borrowing of Term Loans to the extent that such initial Borrowing is comprised of Base Rate Advances100,000. At no time shall the number of outstanding Borrowings comprised of Eurodollar Advances exceed twelve.
(dc) The proceeds of Loans shall be used solely for the following purposes:
(i) On the Closing Date all amounts outstanding pursuant to the Prior Credit Agreement and the letters of credit issued thereunder shall be deemed to be outstanding hereunder and the Lenders shall make and receive such payments as the Agent shall direct to pay out the exiting lenders under the Prior Credit Agreement and to adjust the Pro Rata Shares of the Lenders to reflect the terms of this Agreement; and
(ii) All other amounts shall be used as working capital and for other general corporate purposes, including Acquisitions, Investments, the repayment of Indebtedness (including Indebtedness under the Prior Credit Agreement) and the funding of capital expenditures of the Consolidated Companies.
Appears in 1 contract
Samples: Credit Agreement (Intermet Corp)
COMMITMENTS; USE OF PROCEEDS. (a) Subject to and upon the terms and conditions herein set forth, each Lender severally agrees to make to Intermet from time to time on and after the Closing Date, but prior to the Revolving Termination Maturity Date, Syndicated Loans in an aggregate amount outstanding at any time not to exceed such Lender's CommitmentCommitment minus such Lender's Pro Rata Share of the Letter of Credit Obligations, subject, ----- however, to the conditions that (i) at no time shall the sum of the (x) the outstanding principal amount of all Syndicated Loans Loans, plus (y) the outstanding ---- principal amount of all Bid Rate Loans, plus (z) the Letter of Credit ---- Obligations, exceed the sum of the Commitments, (ii) at no time shall the sum of (x) the outstanding principal amount of all Bid Rate Loans plus (y) the ---- outstanding principal amount of Syndicated Loans comprised of Overnight Rate Advances, exceed $30,000,000, and (iiiii) at all times shall the outstanding principal amount of the Syndicated Loans of each Lender equal the product of each Lender's Pro Rata Share of the Commitments multiplied by the aggregate outstanding amount of the Syndicated Loans. Intermet shall be entitled to repay and reborrow Syndicated Loans in accordance with the provisions hereof.
(b) Subject to and upon the terms and conditions herein set forth, each Lender severally agrees to convert all of such Lender's Each Syndicated Loans which are outstanding on the Revolving Termination Date into a single Term Loan by such Lender to Intermet on the Revolving Termination Date. Term Loans which are repaid or prepaid by Intermet may not be reborrowed.
(c) Each Loan shall, at the option of Intermet, be made or continued as, or converted into, part of one or more Borrowings that shall consist entirely of Base Rate Advances Advances, Eurodollar Advances, or Eurodollar subject to the limitation set forth in subsection (a) above, Overnight Rate Advances. The aggregate principal amount of each Borrowing of Syndicated Loans shall be not less than $5,000,000 3,000,000 or a greater integral multiple of $1,000,000250,000, provided that -------- each Borrowing of Syndicated Loans comprised of Base Rate Advances or Overnight Rate Advances shall be not less than $1,000,000 or a greater integral multiple of $100,000 and provided, further, that this sentence shall not otherwise apply to the initial Borrowing of Term Loans to the extent that such initial Borrowing is comprised of Base Rate Advances100,000. At no time shall the number of outstanding Borrowings comprised of Eurodollar Advances exceed twelve.
(dc) The proceeds of Loans shall be used solely for the following purposes:
(i) On the Closing Date all amounts outstanding pursuant to the Prior Credit Agreement and the letters of credit issued thereunder shall be deemed to be outstanding hereunder and the Lenders shall make and receive such payments as the Agent shall direct to pay out the exiting lenders under the Prior Credit Agreement and to adjust the Pro Rata Shares of the Lenders to reflect the terms of this Agreement; and
(ii) All other amounts shall be used as working capital and for other general corporate purposes, including Acquisitions, Investmentsacquisitions, the repayment of Indebtedness (including Indebtedness under the Prior Credit Agreement) and the funding of capital expenditures of the Consolidated Companies.
Appears in 1 contract
Samples: Credit Agreement (Intermet Corp)
COMMITMENTS; USE OF PROCEEDS. (a) Subject to and upon the terms and conditions herein set forth, each Lender severally agrees to make to Intermet from time to time on and after the Closing Date, but prior to the Revolving Termination Maturity Date, Syndicated Loans in an aggregate amount outstanding at any time not to exceed such Lender's CommitmentCommitment minus such Lender's Pro Rata Share of the Swingline Loans minus such Lender's Pro Rata Share of the Letter of Credit Obligations, subject, however, to the conditions that (i) at no time shall the sum of the (x) the outstanding principal amount of all Syndicated Loans Loans, plus (y) the outstanding principal amount of all Swingline Loans, plus (z) the outstanding Letter of Credit Obligations, exceed the sum of the Commitments, and (ii) at all times shall the outstanding principal amount of the Syndicated Loans of each Lender equal the product of each Lender's Pro Rata Share of the Commitments multiplied by the aggregate outstanding amount of the Syndicated Loans. Intermet shall be entitled to repay and reborrow Syndicated Loans in accordance with the provisions hereof.
(b) Subject to and upon the terms and conditions herein set forth, each Lender severally agrees to convert all of such Lender's Each Syndicated Loans which are outstanding on the Revolving Termination Date into a single Term Loan by such Lender to Intermet on the Revolving Termination Date. Term Loans which are repaid or prepaid by Intermet may not be reborrowed.
(c) Each Loan shall, at the option of Intermet, be made or continued as, or converted into, part of one or more Borrowings that shall consist entirely of Base Rate Advances or Eurodollar Advances. The aggregate principal amount of each Borrowing of Syndicated Loans shall be not less than $5,000,000 or a greater integral multiple of $1,000,000, provided that each Borrowing of Syndicated Loans comprised of Base Rate Advances shall be not less than $1,000,000 or a greater integral multiple of $100,000 and provided, further, that this sentence shall not otherwise apply to the initial Borrowing of Term Loans to the extent that such initial Borrowing is comprised of Base Rate Advances100,000. At no time shall the number of outstanding Borrowings comprised of Eurodollar Advances exceed twelve.
(dc) The proceeds of Loans shall be used solely as working capital and for other general corporate purposes, including Acquisitions, Investments, the repayment of Indebtedness (including Indebtedness under the Prior Credit Agreement) and the funding of capital expenditures of the Consolidated Companies.
Appears in 1 contract
Samples: Credit Agreement (Intermet Corp)
COMMITMENTS; USE OF PROCEEDS. (a) Subject to and upon the terms and conditions herein set forth, each Lender severally agrees to make to Intermet Borrower from time to time on and after the Closing Date, but prior to the Revolving Termination Maturity Date, Syndicated Loans in an aggregate amount outstanding at any time not to exceed such Lender's CommitmentCommitment minus such Lender's Pro Rata Share of the Letter of Credit Obligations, subject, however, to the conditions that (i) at no time shall the sum of the (w) the outstanding principal amount of all Syndicated Loans Loans, plus (x) the outstanding principal amount of all Bid Rate Loans, plus (y) the outstanding principal amount of all Swing Line Loans, plus (z) the outstanding Letter of Credit Obligations, exceed the sum of the Commitments, and (ii) at all times shall the outstanding principal amount of the Syndicated Loans of each Lender equal the product of each Lender's Pro Rata Share of the Commitments multiplied by the aggregate outstanding amount of the Syndicated Loans. Intermet Borrower shall be entitled to repay and reborrow Syndicated Loans in accordance with the provisions hereof.
(b) Subject to and upon the terms and conditions herein set forth, each Lender severally agrees to convert all of such Lender's Each Syndicated Loans which are outstanding on the Revolving Termination Date into a single Term Loan by such Lender to Intermet on the Revolving Termination Date. Term Loans which are repaid or prepaid by Intermet may not be reborrowed.
(c) Each Loan shall, at the option of IntermetBorrower, be made or continued as, or converted into, part of one or more Borrowings that shall consist entirely of Base Rate Advances or Eurodollar Advances. The aggregate principal amount of each Borrowing of Loans shall be not less than $5,000,000 or a greater integral multiple of $1,000,000, provided that each Borrowing of Syndicated Loans comprised of Base Rate Advances shall be not less than $1,000,000 or a greater integral multiple of $100,000 and provided, further, that this sentence shall not otherwise apply to the initial aggregate principal amount of each Borrowing of Term Syndicated Loans to the extent that such initial Borrowing is comprised of Base Rate AdvancesEurodollar Advances shall be not less than $2,000,000 or a greater integral multiple of $100,000. At no time shall the number of outstanding Borrowings comprised of Eurodollar Advances and Bid Rate Advances exceed twelveten.
(dc) The proceeds of Loans shall be used by the Borrower solely as for general corporate and working capital and for other general corporate purposes, including Acquisitions, Investments, the repayment purchase of Indebtedness (including Indebtedness under receivables from the Prior Credit Agreement) and the funding of capital expenditures of the Consolidated CompaniesGuarantor.
Appears in 1 contract
COMMITMENTS; USE OF PROCEEDS. (a) Subject to and upon the terms and conditions herein set forth, each Lender severally agrees to make to Intermet Borrower from time to time on and after the Closing Date, but prior to the Revolving Termination Maturity Date, Syndicated Loans in an aggregate amount outstanding at any time not to exceed such Lender's CommitmentCommitment minus such Lender's Pro Rata Share of the Letter of Credit Obligations, subject, however, to the conditions that (i) at no time shall the sum of the (w) the outstanding principal amount of all Syndicated Loans Loans, plus (x) the outstanding principal amount of all Bid Rate Loans, plus (y) the outstanding principal amount of all Swing Line Loans, plus (z) the outstanding Letter of Credit Obligations, exceed the sum of the Commitments, and (ii) at all times shall the outstanding principal amount of the Syndicated Loans of each Lender equal the product of each Lender's Pro Rata Share of the Commitments multiplied by the aggregate outstanding amount of the Syndicated Loans. Intermet Borrower shall be entitled to repay and reborrow Syndicated Loans in accordance with the provisions hereof.
(b) Subject to and upon the terms and conditions herein set forth, each Lender severally agrees to convert all of such Lender's Each Syndicated Loans which are outstanding on the Revolving Termination Date into a single Term Loan by such Lender to Intermet on the Revolving Termination Date. Term Loans which are repaid or prepaid by Intermet may not be reborrowed.
(c) Each Loan shall, at the option of IntermetBorrower, be made or continued as, or converted into, part of one or more Borrowings that shall consist entirely of Base Rate Advances or Eurodollar Advances. The aggregate principal amount of each Borrowing of Loans shall be not less than $5,000,000 or a greater integral multiple of $1,000,000, provided that each Borrowing of Syndicated Loans comprised of Base Rate Advances shall be not less than $1,000,000 or a greater integral multiple of $100,000 and provided, further, that this sentence shall not otherwise apply to the initial aggregate principal amount of each Borrowing of Term Syndicated Loans to the extent that such initial Borrowing is comprised of Base Rate AdvancesEurodollar Advances shall be not less than $2,000,000 or a greater integral multiple of $100,000. At no time shall the number of outstanding Borrowings comprised of Eurodollar Advances and Bid Rate Advances exceed twelveten.
(dc) The proceeds of Loans shall be used by the Borrower solely as for working capital and for other general corporate purposes, including Acquisitionsacquisitions, Investmentsinvestments, the repayment of Indebtedness (including Indebtedness under the Prior Credit Agreement) Debt and the funding of capital expenditures of the Consolidated Companies.
Appears in 1 contract
COMMITMENTS; USE OF PROCEEDS. (a) Subject to and upon the terms and conditions herein set forth, each Lender severally agrees to make to Intermet from time to time on and after the Closing Date, but prior to the Revolving Termination Maturity Date, Syndicated Loans in an aggregate amount outstanding at any time not to exceed such Lender's CommitmentCommitment minus such Lender's Pro Rata Share of the Letter of Credit Obligations, subject, however, to the conditions that (i) at no time shall the sum of the (x) the outstanding principal amount of all Syndicated Loans Loans, plus (y) the outstanding principal amount of all Bid Rate Loans, plus (z) the outstanding Letter of Credit Obligations, exceed the sum of the Commitments, (ii) at no time shall the sum of the outstanding principal amount of Syndicated Loans comprised of Overnight Rate Advances exceed $30,000,000, and (iiiii) at all times shall the outstanding principal amount of the Syndicated Loans of each Lender equal the product of each Lender's Pro Rata Share of the Commitments multiplied by the aggregate outstanding amount of the Syndicated Loans. In addition, at no time shall the outstanding principal amount of the Bid Rate Loans outstanding under this Agreement exceed $100,000,000. Intermet shall be entitled to repay and reborrow Syndicated Loans in accordance with the provisions hereof.
(b) Subject to and upon the terms and conditions herein set forth, each Lender severally agrees to convert all of such Lender's Each Syndicated Loans which are outstanding on the Revolving Termination Date into a single Term Loan by such Lender to Intermet on the Revolving Termination Date. Term Loans which are repaid or prepaid by Intermet may not be reborrowed.
(c) Each Loan shall, at the option of Intermet, be made or continued as, or converted into, part of one or more Borrowings that shall consist entirely of Base Rate Advances Advances, Eurodollar Advances, or Eurodollar subject to the limitation set forth in subsection (a) above, Overnight Rate Advances. The aggregate principal amount of each Borrowing of Syndicated Loans shall be not less than $5,000,000 or a greater integral multiple of $1,000,000, provided that each Borrowing of Syndicated Loans comprised of Base Rate Advances or Overnight Rate Advances shall be not less than $1,000,000 or a greater integral multiple of $100,000 and provided, further, that this sentence shall not otherwise apply to the initial Borrowing of Term Loans to the extent that such initial Borrowing is comprised of Base Rate Advances100,000. At no time shall the number of outstanding Borrowings comprised of Eurodollar Advances exceed twelve.
(dc) The proceeds of Loans shall be used solely as working capital and for other general corporate the following purposes, including Acquisitions, Investments, :
(i) On the repayment of Indebtedness (including Indebtedness under Closing Date all amounts outstanding pursuant to the Prior Credit Agreement) Agreement and the funding letters of capital expenditures of credit issued thereunder shall be deemed to be outstanding hereunder and the Consolidated Companies.Lenders shall make and receive such payments as the
Appears in 1 contract
COMMITMENTS; USE OF PROCEEDS. (a) Subject to and upon the terms and conditions herein set forth, each Lender severally agrees to make to Intermet the Borrower from time to time on and after the Closing Fourth Amendment Date (and continue Syndicated Loans outstanding on the Fourth Amendment Date), but prior to the Revolving Termination Maturity Date, Syndicated Loans in an aggregate amount outstanding at any time not to exceed such Lender's CommitmentCommitment minus such Lender's Pro Rata Share of the Swingline Loans minus such Lender's Pro Rata Share of the Letter of Credit Obligations, subject, however, to the conditions that (i) at no time shall the sum of the (x) the outstanding principal amount of all Syndicated Loans Loans, plus (y) the outstanding principal amount of all Swingline Loans, plus (z) the outstanding Letter of Credit Obligations, exceed the sum of the Commitments, and (ii) at all times shall the outstanding principal amount of the Syndicated Loans of each Lender equal the product of each Lender's Pro Rata Share of the Commitments multiplied by the aggregate outstanding amount of the Syndicated Loans. Intermet The Borrower shall be entitled to repay and reborrow Syndicated Loans in accordance with the provisions hereof.
(b) Subject to and upon the terms and conditions herein set forth, each Lender severally agrees to convert all of such Lender's Each Syndicated Loans which are outstanding on the Revolving Termination Date into a single Term Loan by such Lender to Intermet on the Revolving Termination Date. Term Loans which are repaid or prepaid by Intermet may not be reborrowed.
(c) Each Loan shall, at the option of Intermetthe Borrower, be made or continued as, or converted into, part of one or more Borrowings that shall consist entirely of Base Rate Advances or Eurodollar Advances. The aggregate principal amount of each Borrowing of Syndicated Loans shall be not less than $5,000,000 or a greater integral multiple of $1,000,000, provided that each Borrowing of Syndicated Loans comprised of Base Rate Advances shall be not less than $1,000,000 or a greater integral multiple of $100,000 and provided, further, that this sentence shall not otherwise apply to the initial Borrowing of Term Loans to the extent that such initial Borrowing is comprised of Base Rate Advances100,000. At no time shall the number of outstanding Borrowings comprised of Eurodollar Advances exceed twelve.
(dc) The proceeds of Loans shall be used solely as working capital and for other general corporate purposes, including Acquisitions, Investments, the repayment of Indebtedness (including Indebtedness under the Prior Credit Agreement) and the funding of capital expenditures of the Consolidated Companies.
Appears in 1 contract
Samples: Credit Agreement (Intermet Corp)