Common use of Committed Loans Clause in Contracts

Committed Loans. (a) Subject to the terms and conditions set forth herein, each Lender severally agrees to make loans in Dollars or in an Optional Currency (each such loan, a “Committed Loan”) to Borrower from time to time, on any Business Day during the Availability Period, in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s Commitment; provided, however, that after giving effect to any Committed Borrowing, (i) the Total Outstandings shall not exceed the Aggregate Commitments, and (ii) the aggregate Outstanding Amount of the Committed Loans of any Lender, plus such Lender’s Pro Rata Share of the Outstanding Amount of all L/C Obligations, plus such Lender’s Pro Rata Share of the Outstanding Amount of all Swing Line Loans shall not exceed such Lender’s Commitment. Within the limits of each Lender’s Commitment, and subject to the other terms and conditions hereof, Borrower may borrow under this Section 2.1, prepay under Section 2.5, and reborrow under this Section 2.1. Neither Administrative Agent nor any Lender shall be responsible for the Commitment of any other Lender, nor will the failure of any Lender to perform its obligations under its Commitment in any way relieve any other Lender from performing its obligations under its Commitment.

Appears in 1 contract

Samples: Credit Agreement (Micros Systems Inc)

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Committed Loans. (a) Subject to the terms and conditions set forth herein, each Lender severally agrees to make loans in Dollars or in an Optional Currency (each such loan, a “Committed Loan”) to Borrower the Borrowers in Dollars or in one or more Alternative Currencies from time to time, on any Business Day during the Availability Period, in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s Commitment; provided, however, that after giving effect to any Committed Borrowing, (i) the Total Outstandings shall not exceed the Aggregate Commitments, Commitments and (ii) the aggregate Outstanding Amount of the Committed Loans of any Lender, plus such Lender’s Pro Rata Share Applicable Percentage of the Outstanding Amount of all L/C Obligations, plus such Lender’s Pro Rata Share Applicable Percentage of the Outstanding Amount of all Swing Line Loans shall not exceed such Lender’s Commitment; and provided further that the availability of the Aggregate Commitments at any time for the making of Loans and the issuance of Letters of Credit shall be reduced by the amount of the Alternative Currency Reserve. Within the limits of each Lender’s Commitment, and subject to the other terms and conditions hereof, Borrower the Borrowers may borrow under this Section 2.12.01, prepay under Section 2.52.05, and reborrow under this Section 2.12.01. Neither Administrative Agent nor any Lender Committed Loans may be Base Rate Loans or Eurocurrency Rate Loans, as further provided herein. All Committed Loans made on the Closing Date shall be responsible for the Commitment of any other Lender, nor will the failure of any Lender to perform its obligations under its Commitment in any way relieve any other Lender from performing its obligations under its CommitmentBase Rate Loans.

Appears in 1 contract

Samples: Credit Agreement (Cabot Corp)

Committed Loans. (a) Subject to the terms and conditions set forth herein, each Lender severally agrees to make loans in Dollars or in an Optional Currency (each such loan, a "Committed Loan") to Borrower the Borrowers in Dollars or in one or more Alternative Currencies from time to time, on any Business Day during the Availability Period, in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s 's Commitment; provided, however, that after giving effect to any Committed Borrowing, (i) the Total Outstandings shall not exceed the Aggregate Commitments, and (ii) the aggregate Outstanding Amount of the Committed Loans of any Lender, plus such Lender’s Pro Rata Share 's Applicable Percentage of the Outstanding Amount of all L/C Obligations, plus such Lender’s Pro Rata Share 's Applicable Percentage of the Outstanding Amount of all Swing Line Loans shall not exceed such Lender’s 's Commitment, (iii) the aggregate Outstanding Amount of all Committed Loans made to any Designated Borrower that is a Foreign Obligor shall not exceed the Designated Borrower Sublimit, if any, applicable to such Foreign Obligor, and (iv) the aggregate Outstanding Amount of all Committed Loans denominated in Alternative Currencies shall not exceed the Alternative Currency Sublimit. Within the limits of each Lender’s 's Commitment, and subject to the other terms and conditions hereof, Borrower the Borrowers may borrow under this Section 2.12.01, prepay under Section 2.52.05, and reborrow under this Section 2.12.01. Neither Administrative Agent nor any Lender shall Committed Loans may be responsible for the Commitment of any other LenderBase Rate Loans or Eurocurrency Rate Loans, nor will the failure of any Lender to perform its obligations under its Commitment in any way relieve any other Lender from performing its obligations under its Commitmentas further provided herein.

Appears in 1 contract

Samples: Credit Agreement (Avnet Inc)

Committed Loans. (a) Subject to the terms and conditions set forth herein, each Lender with a Commitment to make Committed Loans severally agrees to make loans in Dollars or in an Optional Currency to the Borrower (each such loan, loans to the Borrower collectively referred to as a "Committed Loan") to Borrower as provided in Section 2.01(a) from time to time, on any Business Day during the Availability Period, in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s 's Commitment; provided, however, that after giving effect to any Borrowing of a Committed BorrowingLoan, the total amount of outstanding Committed Loans borrowed in Dollars plus the Dollar Equivalent of all Eurocurrency Loans plus all L/C Obligations (icollectively, the "outstanding obligations") the Total Outstandings shall not at any time exceed the Aggregate Commitments, Commitments for Committed Loans (the difference between the Aggregate Committed Loan Commitments and (iithe outstanding 28 4310184v5 obligations is referred to as the "Remaining Availability") and the aggregate Outstanding Amount of the Committed Loans of any Lender, plus such Lender’s Pro Rata Share 's Applicable Percentage of the Outstanding Amount of all L/C Obligations, plus such Lender’s Pro Rata Share of the Outstanding Amount of all Swing Line Loans Obligations shall not exceed such Lender’s Commitment's Commitment for Committed Loans. Within the limits of each Lender’s 's Commitment, and subject to the other terms and conditions hereof, the Borrower may borrow under this Section 2.12.01(a), prepay under Section 2.52.06, and reborrow under this Section 2.12.01(a). Neither Administrative Agent nor any Lender shall Committed Loans may be responsible for the Commitment of any other LenderBase Rate Loans or Eurodollar Rate Loans, nor will the failure of any Lender to perform its obligations under its Commitment in any way relieve any other Lender from performing its obligations under its Commitmentas further provided herein.

Appears in 1 contract

Samples: Credit Agreement (Cross a T Co)

Committed Loans. (a) Subject to the terms and conditions set forth herein, each Lender severally agrees to make loans in Dollars or in an Optional Currency (each such loan, a “Committed Loan”) to Borrower the Company in US Dollars or in one or more Alternative Currencies from time to time, on any Business Day during the Availability Period, in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s Commitment; provided, however, that after giving effect to any Committed Borrowing, (i) the Total Outstandings shall will not exceed the Aggregate Commitments, and (ii) the aggregate Outstanding Amount of the Committed Loans of any Lender, plus such Lender’s Pro Rata Share Applicable Percentage of the Outstanding Amount of all L/C Obligations, plus such Lender’s Pro Rata Share Applicable Percentage of the Outstanding Amount of all Swing Line Loans shall will not exceed such Lender’s Commitment, and (iii) the aggregate Outstanding Amount of all Committed Loans, all Bid Loans and all Letters of Credit denominated in Alternative Currencies will not exceed the Alternative Currency Sublimit. Within the limits of each Lender’s Commitment, and subject to the other terms and conditions hereof, Borrower the Company may borrow under this Section 2.12.01, prepay under Section 2.52.06, and reborrow under this Section 2.12.01. Neither Administrative Agent nor any Lender shall Committed Loans may be responsible for the Commitment of any other LenderBase Rate Loans or Eurocurrency Rate Loans, nor will the failure of any Lender to perform its obligations under its Commitment in any way relieve any other Lender from performing its obligations under its Commitment.as further provided herein. Xxxxxx Pharmaceuticals Credit Agreement

Appears in 1 contract

Samples: Credit Agreement (Watson Pharmaceuticals Inc)

Committed Loans. (a) Subject to the terms and conditions set forth herein, each Lender with a Commitment to make Committed Loans severally agrees to make loans in Dollars or in an Optional Currency to the Borrower (each such loan, loans to the Borrower collectively referred to as a "Committed Loan") to Borrower as provided in Section 2.01(a) from time to time, on any Business Day during the Availability Period, in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s 's Commitment; provided, however, that after giving effect to any Borrowing of a Committed BorrowingLoan, the total amount of outstanding Committed Loans borrowed in Dollars plus the Dollar Equivalent of all Eurocurrency Loans plus all L/C Obligations (icollectively, the "outstanding obligations") the Total Outstandings shall not at any time exceed the Aggregate Commitments, Commitments for Committed Loans (the difference between the Aggregate Committed Loan Commitments and (iithe outstanding 4310184v5 obligations is referred to as the "Remaining Availability") and the aggregate Outstanding Amount of the Committed Loans of any Lender, plus such Lender’s Pro Rata Share 's Applicable Percentage of the Outstanding Amount of all L/C Obligations, plus such Lender’s Pro Rata Share of the Outstanding Amount of all Swing Line Loans Obligations shall not exceed such Lender’s Commitment's Commitment for Committed Loans. Within the limits of each Lender’s 's Commitment, and subject to the other terms and conditions hereof, the Borrower may borrow under this Section 2.12.01(a), prepay under Section 2.52.06, and reborrow under this Section 2.12.01(a). Neither Administrative Agent nor any Lender shall Committed Loans may be responsible for the Commitment of any other LenderBase Rate Loans or Eurodollar Rate Loans, nor will the failure of any Lender to perform its obligations under its Commitment in any way relieve any other Lender from performing its obligations under its Commitmentas further provided herein.

Appears in 1 contract

Samples: Credit Agreement (Cross a T Co)

Committed Loans. (a) Subject to the terms and conditions set forth herein, each Lender severally agrees to make loans in Dollars or in an Optional Currency (each such loan, a “Committed Loan”) to Borrower the Borrowers on a joint and several basis from time to time, time on any Business Day during the Availability Periodperiod from the Closing Date to the Maturity Date, in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s Commitment; provided, however, that after giving effect to any Committed Borrowing, (i) the Total Outstandings aggregate Outstanding Amount of all Loans and L/C Obligations shall not exceed the lesser of the Aggregate CommitmentsCommitments and the Borrowing Base, and (ii) the aggregate Outstanding Amount of the Committed Loans of any Lender, plus such Lender’s Pro Rata Share of the Outstanding Amount of all L/C Obligations, plus such Lender’s Pro Rata Share of the Outstanding Amount of all Swing Line Loans shall not exceed such Lender’s Commitment. Within the limits of each Lender’s Commitment, and subject to the other terms and conditions hereof, Borrower the Borrowers may borrow under this Section 2.12.01, prepay under Section 2.52.04, and reborrow under this Section 2.12.01. Neither Administrative Agent nor any Lender shall Committed Loans may be responsible for Base Rate Loans or Eurodollar Rate Loans, as further provided herein. Each Borrower represents that the Commitment value of any the consideration received and to be received by it hereunder or pursuant hereto is reasonably worth at least as much as each Borrower’s liability under this Agreement and the other LenderLoan Documents, nor will the failure of any Lender and that liability may reasonably be expected to perform its obligations under its Commitment in any way relieve any other Lender from performing its obligations under its Commitmentdirectly or indirectly benefit each Borrower.

Appears in 1 contract

Samples: Credit Agreement (Municipal Mortgage & Equity LLC)

Committed Loans. (a) Subject to the terms and conditions set forth herein, each Lender severally agrees to make loans in Dollars or in an Optional Currency (each such loan, a "Committed Loan") to Borrower the Company in US Dollars or in one or more Alternative Currencies from time to time, on any Business Day during the Availability Period, in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s 's Commitment; provided, however, that after giving effect to any Committed Borrowing, (i) the Total Outstandings shall will not exceed the Aggregate Commitments, and (ii) the aggregate Outstanding Amount of the Committed Loans of any Lender, plus such Lender’s Pro Rata Share 's Applicable Percentage of the Outstanding Amount of all L/C Obligations, plus such Lender’s Pro Rata Share 's Applicable Percentage of the Outstanding Amount of all Swing Line Loans shall will not exceed such Lender’s 's Commitment, and (iii) the aggregate Outstanding Amount of all Committed Loans, all Bid Loans and all Letters of Credit denominated in Alternative Currencies will not exceed the Alternative Currency Sublimit. Within the limits of each Lender’s 's Commitment, and subject to the other terms and conditions hereof, Borrower the Company may borrow under this Section 2.12.01, prepay under Section 2.52.06, and reborrow under this Section 2.12.01. Neither Administrative Agent nor any Lender shall Committed Loans may be responsible for the Commitment of any other LenderBase Rate Loans or Eurocurrency Rate Loans, nor will the failure of any Lender to perform its obligations under its Commitment in any way relieve any other Lender from performing its obligations under its Commitmentas further provided herein.

Appears in 1 contract

Samples: Credit Agreement (Starbucks Corp)

Committed Loans. (a) Subject to the terms and conditions set forth herein, each Lender severally agrees to make loans in Dollars or in an Optional Currency (each such loan, a "Committed Loan") to the Borrower and/or the Co-Borrower identified by Borrower in the applicable Committed Loan Notice from time to time, time (on any Business Day during the Availability Period, ) in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s 's Commitment; provided, however, that after giving effect to any Committed Borrowing, (i) the Total Outstandings shall not exceed the Aggregate Commitments, and (ii) the aggregate Outstanding Amount of the Committed Loans of any Lender, plus such Lender’s 's Pro Rata Share of the Outstanding Amount of all L/C Obligations, plus such Lender’s 's Pro Rata Share of the Outstanding Amount of all Swing Line Loans shall not exceed such Lender’s Commitment's Commitment and (iii) the aggregate Unsecured Debt of the Borrower and the Consolidated Entities (including any requested or pending Credit Extension) shall not exceed the amount permitted pursuant to Section 7.03(a)(ii) hereof. Within the limits of each Lender’s 's Commitment, and subject to the other terms and conditions hereof, the Borrower and Co-Borrowers may borrow under this Section 2.12.01, prepay under Section 2.52.05, and reborrow under this Section 2.12.01. Neither Administrative Agent nor any Lender shall Committed Loans may be responsible for the Commitment of any other LenderBase Rate Loans or Eurodollar Rate Loans, nor will the failure of any Lender to perform its obligations under its Commitment in any way relieve any other Lender from performing its obligations under its Commitmentas further provided herein.

Appears in 1 contract

Samples: Credit Agreement (Cousins Properties Inc)

Committed Loans. (a) Subject to the terms and conditions set forth herein, each Lender severally agrees to make loans in Dollars or in an Optional Currency (each such loan, a "Committed Loan") to the Borrower from time to time, on any Business Day during the Availability Period, in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s 's Commitment; provided, however, that after giving effect to any Committed Borrowing, (i) the Total Outstandings shall not exceed the Aggregate Commitments, and (ii) the aggregate Outstanding Amount of the Committed Loans of any Lender, plus such Lender’s 's Pro Rata Share of the Outstanding Amount of all L/C Obligations, plus such Lender’s 's Pro Rata Share of the Outstanding Amount of all Swing Line Loans shall not exceed such Lender’s Commitment's Commitment and (iii) the aggregate Unsecured Debt of the Borrower and the Consolidated Entities (including any requested or pending Credit Extension) shall not exceed the amount permitted pursuant to Section 7.03(c) hereof. Within the limits of each Lender’s 's Commitment, and subject to the other terms and conditions hereof, the Borrower may borrow under this Section 2.12.01, prepay under Section 2.52.05, and reborrow under this Section 2.12.01. Neither Administrative Agent nor any Lender shall Committed Loans may be responsible for the Commitment of any other LenderBase Rate Loans or Eurodollar Rate Loans, nor will the failure of any Lender to perform its obligations under its Commitment in any way relieve any other Lender from performing its obligations under its Commitmentas further provided herein.

Appears in 1 contract

Samples: Credit Agreement (Cousins Properties Inc)

Committed Loans. (a) Subject to the terms and conditions set forth herein, each Lender severally agrees to make loans denominated in Dollars or in an Optional Currency (each such loan, a “Committed Loan”) to the Borrower from time to time, on any Business Day during the Availability Period, in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s Commitment; provided, however, that after giving effect to any Committed BorrowingBorrowing and the application by the Administrative Agent of the proceeds thereof, (i) the Total Outstandings shall not exceed the Aggregate CommitmentsFacility Limit, and (ii) the aggregate Outstanding Amount of the Committed Loans of any Lender, plus such Lender’s Pro Rata Share Applicable Percentage of the Outstanding Amount of all L/C Obligations, plus such Lender’s Pro Rata Share Applicable Percentage of the Outstanding Amount of all Swing Line Loans shall not exceed the lesser of such Lender’s Commitment(A) Commitment and (B) Applicable Percentage of the Facility Limit and (iii) at any time a Junior Lien Intercreditor Agreement is in place, the amount of the requested Committed Borrowing shall not cause the Total Outstandings to exceed the greatest of (A) $950,000,000, (B) the then-effective Borrowing Base Cap and (C) 30% of Modified ACNTA as of the date of incurrence of such Borrowing. Within the limits of each Lender’s Commitment, and subject to the other terms and conditions hereof, the Borrower may borrow under this Section 2.12.01, prepay under Section 2.52.06, and reborrow under this Section 2.12.01. Neither Administrative Agent nor any Lender shall Committed Loans may be responsible for the Commitment of any other LenderBase Rate Loans or Eurodollar Rate Loans, nor will the failure of any Lender to perform its obligations under its Commitment in any way relieve any other Lender from performing its obligations under its Commitmentas further provided herein.

Appears in 1 contract

Samples: Credit Agreement (Sandridge Energy Inc)

Committed Loans. (a) Subject to the terms and conditions set forth herein, each Lender severally agrees to make loans in Dollars or in an Optional Currency (each such loan, a “Committed Loan”) to the Borrower in Dollars or in one or more Alternative Currencies from time to time, on any Business Day during the Availability Period, in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s Commitment; provided, however, that after giving effect to any Committed Borrowing, (i) the Total Outstandings shall not exceed the Aggregate Commitments, and (ii) the aggregate Outstanding Amount of the Committed Loans of any Lender, plus such Lender’s Pro Rata Share Applicable Percentage of the Outstanding Amount of all L/C Obligations, plus such Lender’s Pro Rata Share Applicable Percentage of the Outstanding Amount of all Swing Line Loans shall not exceed such Lender’s Commitment, and (iii) the aggregate Outstanding Amount of all Committed Loans and L/C Obligations denominated in Alternative Currencies shall not exceed the Alternative Currency Sublimit. Within the limits of each Lender’s Commitment, and subject to the other terms and conditions hereof, the Borrower may borrow under this Section 2.12.01, prepay under Section 2.52.05, and reborrow under this Section 2.12.01. Neither Administrative Agent nor any Lender shall Committed Loans may be responsible for the Commitment of any other LenderBase Rate Loans or Eurocurrency Rate Loans, nor will the failure of any Lender to perform its obligations under its Commitment in any way relieve any other Lender from performing its obligations under its Commitmentas further provided herein.

Appears in 1 contract

Samples: Credit Agreement (Memc Electronic Materials Inc)

Committed Loans. (a) Subject to the terms and conditions set forth herein, each Lender severally agrees to make loans in Dollars or in an Optional Currency (each such loan, a "Committed Loan") to the Borrower in Dollars or in one or more Alternative Currencies from time to time, on any Business Day during the Availability Period, in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s 's Commitment; provided, however, that after giving effect to any Committed Borrowing, (i) the Total Outstandings shall not exceed the Aggregate Commitments, and (ii) the aggregate Outstanding Amount of the Committed Loans of any Lender, plus such Lender’s Pro Rata Share 's Applicable Percentage of the Outstanding Amount of all L/C Obligations, plus such Lender’s Pro Rata Share 's Applicable Percentage of the Outstanding Amount of all Swing Line Loans shall not exceed such Lender’s Commitment's Commitment and (iii) the aggregate Outstanding Amount of all Committed Loans denominated in Alternative Currencies shall not exceed the Alternative Currency Sublimit. Within the limits of each Lender’s 's Commitment, and subject to the other terms and conditions hereof, the Borrower may borrow under this Section 2.12.01, prepay under Section 2.52.06, and reborrow under this Section 2.12.01. Neither Administrative Agent nor any Lender shall Committed Loans may be responsible for Base Rate Loans or Eurodollar Rate Loans, as further provided herein; provided, that, notwithstanding anything contained herein to the Commitment of any other Lendercontrary, nor will the failure of any Lender to perform its obligations under its Commitment all Committed Loans denominated in any way relieve any other Lender from performing its obligations under its Commitmentan Alternative Currency must be Eurodollar Rate Loans.

Appears in 1 contract

Samples: Credit Agreement (Tanger Properties LTD Partnership /Nc/)

Committed Loans. (a) Subject to the terms and conditions set forth herein, each Lender severally agrees to make loans in Dollars or in an Optional Currency (each such loan, a “Committed Loan”) in U.S. Dollars, Euro and/or Pounds Sterling to the Borrower or a Designated Borrower from time to time, on any Business Day during the Availability Period, in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s Commitment; provided, however, that after giving effect to any Committed Borrowing, (ix) the Total Outstandings aggregate Outstanding Amounts of the Lenders shall not exceed the Aggregate Commitments, total Commitments and (iiy) the aggregate Outstanding Amount of the Committed Loans of any Lender, plus such Lender’s Pro Rata Share of the Outstanding Amount of all L/C Obligations, plus such Lender’s Pro Rata Share of the Outstanding Amount of all Swing Line Loans any Lender shall not exceed such Lender’s Commitment. Within the limits of each Lender’s Commitment, and subject to the other terms and conditions hereof, the Borrower or a Designated Borrower may borrow under this Section 2.12.01, prepay under Section 2.52.03, and reborrow under this Section 2.12.01. Neither Administrative Agent nor Committed Loans may be ABR Loans or Eurocurrency Rate Loans, as further provided herein; provided that ABR Loans shall only be made in U.S. Dollars. Each Lender may, at its option, make any Committed Loan available to the Borrower or a Designated Borrower by causing any foreign or domestic branch or Affiliate of such Lender to make such Committed Loan; provided that, any exercise of such option shall not affect the obligation of the Borrower or such Designated Borrower to repay such Committed Loan in accordance with the terms and subject to the conditions of this Agreement, and such Affiliate shall be responsible treated as a Lender for the Commitment purposes of any other Lender, nor will the failure of any Lender to perform its obligations under its Commitment in any way relieve any other Lender from performing its obligations under its Commitmentthis Agreement.

Appears in 1 contract

Samples: Credit Agreement (Ebay Inc)

Committed Loans. (a) Subject to the terms and conditions set forth herein, each Lender severally agrees to make loans in Dollars or in an Optional Currency (each such loan, a “Committed Loan”) to the Borrower in Dollars or in one or more Alternative Currencies from time to time, on any Business Day during the Availability Period, in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s Commitment; provided, however, that after giving effect to any Committed Borrowing, (i) the Total Outstandings shall not exceed the Aggregate Commitments, and (ii) the aggregate Outstanding Amount of the Committed Loans of any Lender, plus such Lender’s Pro Rata Share Applicable Percentage of the Outstanding Amount of all L/C Obligations, plus such Lender’s Pro Rata Share Applicable Percentage of the Outstanding Amount of all Swing Line Loans shall not exceed such Lender’s Commitment, and (iii) the aggregate Outstanding Amount of all Committed Loans denominated in Alternative Currencies plus the aggregate Outstanding Amount of all L/C Obligations in respect of Letters of Credit issued in Alternative Currencies shall not exceed the Alternative Currency Sublimit. Within the limits of each Lender’s Commitment, and subject to the other terms and conditions hereof, the Borrower may borrow under this Section 2.12.01, prepay under Section 2.52.06, and reborrow under this Section 2.12.01. Neither Administrative Agent nor any Lender shall Committed Loans may be responsible for the Commitment of any other LenderBase Rate Loans or Eurocurrency Rate Loans, nor will the failure of any Lender to perform its obligations under its Commitment in any way relieve any other Lender from performing its obligations under its Commitmentas further provided herein.

Appears in 1 contract

Samples: Credit Agreement (Michaels Stores Inc)

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Committed Loans. (a) Subject to the terms and conditions set forth herein, each Lender severally agrees to make loans in Dollars or in an Optional Currency (each such loan, a "Committed Loan") to Borrower from time to time, on any Business Day during the Availability Period, in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s 's Commitment; provided, however, that after giving effect to any Committed Borrowing, (i) the Total Outstandings shall not exceed the Aggregate Commitments, and (ii) the aggregate Outstanding Amount of the Committed Loans of any Lender, plus such Lender’s 's Pro Rata Share of the Outstanding Amount of all L/C Obligations, plus such Lender’s 's Pro Rata Share of the Outstanding Amount of all Swing Line Loans shall not exceed such Lender’s 's Commitment. Within the limits of each Lender’s 's Commitment, and subject to the other terms and conditions hereof, Borrower may borrow under this Section 2.1, prepay under Section 2.5, and reborrow under this Section 2.1. Neither Administrative Agent nor any Lender shall be responsible for the Commitment of any other Lender, nor will the failure of any Lender to perform its obligations under its Commitment in any way relieve any other Lender from performing its obligations under its Commitment.

Appears in 1 contract

Samples: Credit Agreement (Micros Systems Inc)

Committed Loans. (a) Subject to the terms and conditions set forth herein, each Lender severally agrees to make loans in Dollars or in an Optional Currency (each such loan, a “Committed Loan”) for the account of any Borrower as designated by the Administrative Borrower pursuant to Borrower Section 2.02(a) from time to time, on any Business Day during the Availability Period, in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s Commitment; provided, however, that after giving effect to any Committed Borrowing, (i) the Total Outstandings shall not exceed the Aggregate CommitmentsCommitments less, at any time while the Credit Sensitive Debentures are outstanding (other than to the extent a Committed Borrowing is requested the proceeds of which are to be used, as reasonably determined by the Administrative Agent, to Repay and Fully Satisfy the amounts owing under the Credit Sensitive Debentures), the Availability Reserve and (ii) the aggregate Outstanding Amount of the Committed Loans of any Lender, plus such Lender’s Pro Rata Share Applicable Percentage of the Outstanding Amount of all L/C Obligations, plus such Lender’s Pro Rata Share Applicable Percentage of the Outstanding Amount of all Swing Line Loans shall not exceed such Lender’s Commitment. Within the limits of each Lender’s Commitment, and subject to the other terms and conditions hereof, Borrower any of the Borrowers may borrow under this Section 2.12.01, prepay under Section 2.52.05, and reborrow under this Section 2.12.01. Neither Administrative Agent nor any Lender shall Committed Loans may be responsible for the Commitment of any other LenderBase Rate Loans or Eurodollar Rate Loans, nor will the failure of any Lender to perform its obligations under its Commitment in any way relieve any other Lender from performing its obligations under its Commitmentas further provided herein.

Appears in 1 contract

Samples: Credit Agreement (Potlatch Corp)

Committed Loans. (a) Subject to the terms and conditions set forth herein, each Lender severally agrees to make loans in Dollars or in an Optional Currency (each such loan, a “Committed Loan”) to Borrower the Borrowers in Dollars or in one or more Committed Alternative Currencies from time to time, time on any Business Day during the Availability Periodperiod from the Closing Date to the Maturity Date, in an aggregate amount aggregateamount not to exceed at any time outstanding the amount of such Lender’s Commitment; provided, however, that after giving effect to any Committed Borrowing, the Dollar Equivalent of (i) the Total Outstandings aggregate Outstanding Amount of all Loans and L/C Obligations shall not exceed the Aggregate Commitments, and (ii) the aggregate Outstanding Amount of the Committed Loans of any Lender, plus such Lender’s Pro Rata Share of the Outstanding Amount of all L/C Obligations, plus such Lender’s Pro Rata Share of the Outstanding Amount of all Swing Line Loans shall not exceed such Lender’s Commitment, and (iii) the aggregate Outstanding Amount of all Loans and L/C Obligations denominated in Alternative Currencies shall not exceed the Alternative Currency Sublimit. Within the limits of each Lender’s Commitment, and subject to the other terms and conditions hereof, Borrower the Borrowers may borrow under this Section 2.1, prepay under Section 2.5, and reborrow under this Section 2.1. Neither Administrative Agent nor any Lender shall Committed Loans may be responsible for the Commitment of any other LenderBase Rate Loans or Eurocurrency Rate Committed Loans, nor will the failure of any Lender to perform its obligations under its Commitment in any way relieve any other Lender from performing its obligations under its Commitmentas further provided herein.

Appears in 1 contract

Samples: Credit Agreement (Andrew Corp)

Committed Loans. (a) Subject to the terms and conditions set forth herein, (i) each Lender severally agrees to make loans in Dollars or in an Optional Currency (each such loan, a “Committed Loan”) in Dollars or in one or more Alternative Currencies to Borrower the Borrowers from time to time, on any Business Day during the Availability Period, in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s Revolving Loan Commitment; provided, however, that after giving effect to any Committed Borrowing, (ix) the Total Outstandings aggregate Outstanding Amounts of the Lenders shall not exceed the Aggregate total Revolving Loan Commitments, (y) the Outstanding Amount with respect to the Loans of any Lender shall not exceed such Lender’s Revolving Loan Commitment and (iiz) the aggregate Outstanding Amount of the Committed all Loans of any Lender, plus such Lender’s Pro Rata Share of the Outstanding Amount of all L/C Obligations, plus such Lender’s Pro Rata Share of the Outstanding Amount of all Swing Line Loans denominated in Alternative Currencies shall not exceed such Lender’s Commitment. Within the limits of each Lender’s Commitment, Alternative Currency Sublimit; and subject to the other terms and conditions hereof, Borrower the Borrowers may borrow under this Section 2.12.01, prepay under Section 2.52.03, and reborrow under this Section 2.12.01. Neither Administrative Agent nor Committed Loans may be ABR Loans or Eurocurrency Rate Loans, as further provided herein. Each Lender may, at its option, make any Committed Loan available to the Borrowers by causing any foreign or domestic branch or Affiliate of such Lender to make such Committed Loan; provided that, any exercise of such option shall not affect the obligation of the Borrowers to repay such Committed Loan in accordance with the terms and subject to the conditions of this Agreement, and such Affiliate shall be responsible treated as a Lender for the Commitment purposes of any other Lender, nor will the failure of any Lender to perform its obligations under its Commitment in any way relieve any other Lender from performing its obligations under its Commitmentthis Agreement.

Appears in 1 contract

Samples: Credit Agreement (Velti PLC)

Committed Loans. (a) Subject to the terms and conditions set forth herein, each Lender severally agrees to make loans in Dollars or in an Optional Currency (each such loan, a “Committed Loan”) to Borrower from time to time, on any Business Day during the Availability Period, in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s Commitment; provided, however, that after giving effect to any Committed Borrowing, (i) the Total Outstandings shall not exceed the Aggregate Commitments, and (ii) the aggregate Outstanding Amount of the Committed Loans of any Lender, plus such Lender’s Pro Rata Share of the Outstanding Amount of all L/C Obligations, plus such Lender’s Pro Rata Share of the Outstanding Amount of all Swing Line Loans shall not exceed such Lender’s Commitment. Within the limits of each Lender’s Commitment, and subject to the other terms and conditions hereof, Borrower may borrow under this Section 2.1, prepay under Section 2.5, and reborrow under this Section 2.1. Neither Administrative Agent nor any Lender shall be responsible for the Commitment of any other Lender, nor will the failure of any Lender to perform its obligations under its Commitment in any way relieve any other Lender from performing its obligations under its Commitment.

Appears in 1 contract

Samples: Credit Agreement (Micros Systems Inc)

Committed Loans. (a) Subject to the terms and conditions set forth herein, each Lender severally agrees to make loans in Dollars or in an Optional Currency (each such loan, a "Committed Loan") to the Borrower in Dollars or in one or more Alternative Currencies from time to time, on any Business Day during the Availability Period, in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s 's Commitment; provided, however, that after giving effect to any Committed Borrowing, (ia) the Total Outstandings shall not exceed the Aggregate Commitments, and (iib) the aggregate Outstanding Amount of the Committed Loans of any Lender, plus such Lender’s 's Pro Rata Share of the Outstanding Amount of all L/C Obligations, plus such Lender’s 's Pro Rata Share of the Outstanding Amount of all Swing Line Loans shall not exceed such Lender’s Commitment's Commitment and (c) the aggregate Outstanding Amount of all Committed Loans and L/C Obligations denominated in Alternative Currencies shall not exceed the Alternative Currency Sublimit. Any Committed Loan to be made in an Alternative Currency shall be funded in an amount equal to the Alternative Currency Amount of such Committed Loan. Within the limits of each Lender’s 's Commitment, and subject to the other terms and conditions hereof, the Borrower may borrow under this Section 2.12.01, prepay under Section 2.52.05, and reborrow under this Section 2.12.01. Neither Administrative Agent nor any Lender shall Committed Loans may be responsible for the Commitment of any other LenderBase Rate Loans or Eurocurrency Rate Loans, nor will the failure of any Lender to perform its obligations under its Commitment in any way relieve any other Lender from performing its obligations under its Commitmentas further provided herein.

Appears in 1 contract

Samples: Credit Agreement (Armor Holdings Inc)

Committed Loans. (a) Subject to the terms and conditions set forth herein, each Lender severally agrees to make loans in Dollars or in an Optional Currency (each such loan, a “Committed Loan”) to the Borrower in Dollars or in one or more Approved Currencies from time to time, on any Business Day during the Availability Period, in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s Commitment; provided, however, that after giving effect to any Committed Borrowing, (i) the Total Outstandings shall not exceed the Aggregate CommitmentsCommitments at such time, and (ii) the aggregate Outstanding Amount of the Committed Loans of any Lender, plus such Lender’s Pro Rata Share Applicable Percentage of the Outstanding Amount of all L/C Obligations, plus such Lender’s Pro Rata Share Applicable Percentage of the Outstanding Amount of all Swing Line Loans shall not exceed such Lender’s Commitment, (iii) the aggregate Outstanding Amount of all Committed Loans denominated in Approved Currencies shall not exceed the Approved Currency Sublimit. Within the limits of each Lender’s Commitment, and subject to the other terms and conditions hereof, the Borrower may borrow under this Section 2.12.01, prepay under Section 2.52.05, and reborrow under this Section 2.12.01. Neither Administrative Agent nor any Lender shall Committed Loans may be responsible for the Commitment of any other LenderBase Rate Loans or Eurodollar Rate Loans, nor will the failure of any Lender to perform its obligations under its Commitment in any way relieve any other Lender from performing its obligations under its Commitmentas further provided herein.

Appears in 1 contract

Samples: Credit Agreement (Guess Inc)

Committed Loans. (a) Subject to the terms and conditions set forth herein, each Lender severally agrees to make loans in Dollars or in an Optional Currency (each such loan, a “Committed Loan”) to the Company and to any other Borrower in U.S. Dollars or in one or more Alternative Currencies from time to time, on any Business Day during the Availability Period, in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s Commitment; provided, however, that after giving effect to any Committed Borrowing, (i) the Total Outstandings shall not exceed the Aggregate CommitmentsCommitments and, and (ii) the aggregate Outstanding Amount of the Committed Loans Revolving Credit Exposure of any Lender, plus such Lender’s Pro Rata Share of the Outstanding Amount of all L/C Obligations, plus such Lender’s Pro Rata Share of the Outstanding Amount of all Swing Line Loans Lender shall not exceed such Lender’s CommitmentCommitment and (iii) in connection with the Certain Funds Credit Extension, the principal amount of the Certain Funds Credit Extension of any Lender shall not exceed such Lender’s Certain Funds Commitment and the aggregate amount of the Certain Funds Credit Extensions shall not exceed the Certain Funds Sublimit; and provided further that the availability of the Aggregate Commitments at any time for the making of any Loans and the issuance of Letters of Credit shall be reduced by the amount of the Alternative Currency Reserve (if any). Within the limits of each Lender’s Commitment, and subject to the other terms and conditions hereof, Borrower the Borrowers may borrow under this Section 2.12.01, prepay under Section 2.52.05, and reborrow under this Section 2.12.01. Neither Administrative Agent nor any Lender shall Committed Loans may be responsible for the Commitment of any other LenderBase Rate Loans or Eurocurrency Rate Loans, nor will the failure of any Lender to perform its obligations under its Commitment in any way relieve any other Lender from performing its obligations under its Commitmentas further provided herein.

Appears in 1 contract

Samples: Credit Agreement (Jacobs Engineering Group Inc /De/)

Committed Loans. (a) Subject to the terms and conditions set forth herein, each Lender severally agrees to make loans in Dollars or in an Optional Currency (each such loan, a "Committed Loan") to Borrower the Borrowers in Dollars or in one or more Alternative Currencies from time to time, on any Business Day during the Availability Period, in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s 's Commitment; provided, however, that after giving effect to any Committed Borrowing, (i) the Total Outstandings shall not exceed the Aggregate Commitments, Commitments and (ii) the aggregate Outstanding Amount of the Committed Loans of any Lender, plus such Lender’s Pro Rata Share 's Applicable Percentage of the Outstanding Amount of all L/C Obligations, plus such Lender’s Pro Rata Share 's Applicable Percentage of the Outstanding Amount of all Swing Line Loans shall not exceed such Lender’s 's Commitment; and provided further that the availability of the Aggregate Commitments at any time for the making of Loans and the issuance of Letters of Credit shall be reduced by the amount of the Alternative Currency Reserve. Within the limits of each Lender’s 's Commitment, and subject to the other terms and conditions hereof, Borrower the Borrowers may borrow under this Section 2.12.01, prepay under Section 2.52.05, and reborrow under this Section 2.12.01. Neither Administrative Agent nor any Lender Committed Loans may be Base Rate Loans or Eurocurrency Rate Loans, as further provided herein. All Committed Loans made on the Closing Date shall be responsible for the Commitment of any other Lender, nor will the failure of any Lender to perform its obligations under its Commitment in any way relieve any other Lender from performing its obligations under its CommitmentBase Rate Loans.

Appears in 1 contract

Samples: Credit Agreement (Cabot Corp)

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