Common use of Committed Loans Clause in Contracts

Committed Loans. Subject to the terms and conditions set forth herein, each Lender (or, in the case of Loans made under a Designated Borrower Sublimit, each Designated Lender with respect to such Designated Borrower Sublimit) severally agrees to make loans (each such loan, a “Committed Loan”) to 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, (ii) the Credit Exposure of any Lender shall not exceed such Lender’s Commitment, (iii) the aggregate Outstanding Amount of all Committed Loans made to the Company and any Designated Borrower under the Designated Borrower Sublimit applicable to such Designated Borrower shall not exceed such Designated Borrower Sublimit, and (iv) the aggregate Outstanding Amount of all Loans and L/C Obligations made to the Company under the Company Sublimit shall not exceed the Company Sublimit then in effect. Within the limits of each Lender’s Commitment, and subject to the other terms and conditions hereof, the Borrowers may borrow under this Section 2.01, prepay under Section 2.05, and reborrow under this Section 2.01. Committed Loans may be Base Rate Loans or Eurocurrency Rate Loans, as further provided herein; provided that any Borrowings made on the Closing Date or any of the three (3) Business Days following the Closing Date shall be made as Base Rate Loans unless the applicable Borrower delivers a funding indemnity letter in form and substance reasonably acceptable to the Administrative Agent not less than three Business Days prior to the date of such Borrowing.

Appears in 5 contracts

Samples: Credit Agreement (Thermo Fisher Scientific Inc.), Credit Agreement (Thermo Fisher Scientific Inc.), Credit Agreement (Thermo Fisher Scientific Inc.)

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Committed Loans. Subject to the terms and conditions set forth herein, each Lender (or, in the case of Loans made under a Designated Borrower Sublimit, each Designated Lender with respect to such Designated Borrower Sublimit) severally agrees to make loans (each such loan, a “Committed Loan”) to 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, (ii) the Credit Exposure aggregate Outstanding Amount of the Committed Loans of any Lender Lender, plus such Lender’s Applicable Percentage of the Outstanding Amount of all L/C Obligations, plus such Lender’s 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 made to denominated in Alternative Currencies plus the Company and any Designated Borrower under the Designated Borrower Sublimit applicable to such Designated Borrower aggregate Outstanding Amount of all L/C Obligations denominated in Alternative Currencies shall not exceed such Designated Borrower the Alternative Currency Sublimit, and (iv) the aggregate Outstanding Amount of all Committed Loans and L/C Obligations made to the Company under the Company Sublimit Designated Borrowers shall not exceed the Company Sublimit then in effectDesignated Borrower Sublimit. Within the limits of each Lender’s Commitment, and subject to the other terms and conditions hereof, the Borrowers may borrow under this Section 2.01, prepay under Section 2.052.06, and reborrow under this Section 2.01. Committed Loans may be Base Rate Loans or Eurocurrency Rate Loans, as further provided herein; provided that any Borrowings made on the Closing Date or any of the three (3) Business Days following the Closing Date shall be made as Base Rate Loans unless the applicable Borrower delivers a funding indemnity letter in form and substance reasonably acceptable to the Administrative Agent not less than three Business Days prior to the date of such Borrowing.

Appears in 3 contracts

Samples: Credit Agreement (Idex Corp /De/), Credit Agreement (Idex Corp /De/), Assignment and Assumption (Idex Corp /De/)

Committed Loans. Subject to the terms and conditions set forth herein, each Lender (or, in the case of Loans made under a Designated Borrower Sublimit, each Designated Lender with respect to such Designated Borrower Sublimit) severally agrees to make loans (each such loan, a “Committed Loan”) to the Borrowers 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 Borrowing of Committed BorrowingLoans, (i) the Total Outstandings shall not exceed the Aggregate CommitmentsRevolver Ceiling, and (ii) the Credit Exposure aggregate Outstanding Amount of the Committed Loans of any Lender Lender, plus such Lender’s Applicable Percentage of the Outstanding Amount of all L/C Obligations, plus such Lender’s 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 made to the Company and any Designated Borrower under the Designated Borrower Sublimit applicable to such Designated Borrower shall not exceed such Designated Borrower Sublimit, and (iv) the aggregate Outstanding Amount of all Loans and L/C Obligations made to the Company under the Company Sublimit denominated in Alternative Currencies shall not exceed the Company Sublimit then in effectAlternative Currency Sublimit. Within the limits of each Lender’s Commitment, and subject to the other terms and conditions hereof, the Borrowers Borrower may borrow under this Section 2.01, prepay under Section 2.052.06, and reborrow under this Section 2.01. Each Borrowing of Committed Loans shall be made as provided in Section 2.02 below. Committed Loans may be Base Rate Loans or Eurocurrency Rate Loans, as further provided herein; provided that any , provided, however, all Borrowings made on the Closing Date or any of the three (3) Business Days following the Closing Date shall be made as Base Rate Loans unless the applicable Borrower delivers a funding indemnity letter in form and substance reasonably acceptable to the Administrative Agent not less than three Business Days prior to the date of such BorrowingLoans.

Appears in 3 contracts

Samples: Credit Agreement (Greenbrier Companies Inc), Credit Agreement (Greenbrier Companies Inc), Credit Agreement (Greenbrier Companies Inc)

Committed Loans. Subject to the terms and conditions set forth herein, each Lender (or, in the case of Loans made under a Designated Borrower Sublimit, each Designated Lender with respect to such Designated Borrower Sublimit) severally agrees to make loans (each such loan, a “Committed Loan”) to the Borrowers Borrower in Dollars or in one or more Alternative Currencies from time to time, on any Business Day during the Availability Period, Period in an aggregate amount not to exceed at any time outstanding the amount of such LenderXxxxxx’s Commitment; provided, however, that after giving effect to any Committed Borrowing, (i) the Total Outstandings shall not exceed the Aggregate Commitments, (ii) the Revolving Credit Exposure of any Lender shall not exceed such LenderXxxxxx’s Commitment, (iii) the aggregate Outstanding Amount of all Committed Loans made to the Company and any Designated Borrower under the Designated Borrower Sublimit applicable to such Designated Borrower Letters of Credit denominated in Alternative Currencies shall not exceed such Designated Borrower Sublimit, the Alternative Currency Sublimit and (iv) the aggregate Outstanding Amount of all Swing Line Loans and (after giving effect to any repayment or prepayment thereof to occur on the date of such requested Committed Loan, including with any portion of the proceeds thereof) plus the aggregate Outstanding Amount at such time of the Committed Loans of the Lender acting as Swing Line Lender (including the requested Committed Loan) plus the aggregate Outstanding Amount of such Xxxxxx’s participations in L/C Obligations made to the Company under the Company Sublimit shall not exceed the Company Sublimit then in effectsuch Xxxxxx’s Commitment. Within the limits of each Lender’s Commitment, and subject to the other terms and conditions hereof, the Borrowers Borrower may borrow under this Section 2.01, prepay under Section 2.05, and reborrow under this Section 2.01. Committed Loans may be Base Rate Loans, Term SOFR Loans or Eurocurrency Rate Alternative Currency Loans, as further provided herein; provided that any Borrowings made on the Closing Date or any of the three (3) Business Days following the Closing Date shall be made as Base Rate Loans unless the applicable Borrower delivers a funding indemnity letter in form and substance reasonably acceptable to the Administrative Agent not less than three Business Days prior to the date of such Borrowing.

Appears in 2 contracts

Samples: Credit Agreement (Qualcomm Inc/De), Credit Agreement (Qualcomm Inc/De)

Committed Loans. Subject to the terms and conditions set forth herein, each Lender (or, in the case of Loans made under a Designated Borrower Sublimit, each Designated Lender with respect to such Designated Borrower Sublimit) severally agrees to make loans (each such loan, a “Committed Loan”) to the Borrowers in Dollars or in one or more Alternative Currencies Borrower from time to time, on any Business Day during the Availability Period, in an aggregate amount not to exceed exceed, at any time outstanding time, the lesser of (a) the amount of such Lender’s Commitment, and (b) such Lender’s Applicable Percentage of the Borrowing Base; provided, however, that after giving effect to any Committed Borrowing, (i) the Total Outstandings shall not exceed the Aggregate CommitmentsBorrowing Base, and (ii) the Credit Exposure aggregate Outstanding Amount of the Committed Loans of any Lender Lender, plus such Lender’s Applicable Percentage of the Outstanding Amount of all L/C Obligations, plus such Lender’s Applicable Percentage of the Outstanding Amount of all Swing Line Loans, plus such Lender’s Applicable Percentage of the Outstanding Amount of all Overadvance Loans, plus such Lender’s Applicable Percentage of the Outstanding Amount of all Protective Advances, shall not exceed such Lender’s Commitment, (iii) Applicable Percentage of the aggregate Outstanding Amount of all Committed Loans made to the Company and any Designated Borrower under the Designated Borrower Sublimit applicable to such Designated Borrower shall not exceed such Designated Borrower Sublimit, and (iv) the aggregate Outstanding Amount of all Loans and L/C Obligations made to the Company under the Company Sublimit shall not exceed the Company Sublimit then in effectBorrowing Base. Within the limits of each Lender’s Commitment, and subject to the other terms and conditions hereof, the Borrowers Borrower may borrow under this Section 2.01, prepay and repay under Section 2.052.05 and Section 2.07, and reborrow under this Section 2.01. Committed Loans may be Base Rate Loans or Eurocurrency Eurodollar Rate Loans, as further provided herein; provided that any Borrowings made on the Closing Date or any of the three (3) Business Days following the Closing Date . Committed Loans shall be made as Base Rate Loans unless by the applicable Borrower delivers a funding indemnity letter Lenders in form and substance reasonably acceptable to the Administrative Agent not less than three Business Days prior to the date of such Borrowingaccordance with each Lender’s Applicable Percentage.

Appears in 2 contracts

Samples: Revolving Credit Agreement (Western Refining, Inc.), Revolving Credit Agreement (Western Refining, Inc.)

Committed Loans. Subject to the terms and conditions set forth herein, each Lender (or, in the case of Loans made under a Designated Borrower Sublimit, each Designated Lender with respect to such Designated Borrower Sublimit) severally agrees to make loans (each such loan, a “Committed Loan”) to 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 Combined Commitments, (ii) the Credit Exposure Total Outstandings minus the aggregate Outstanding Amount of all Designated UK Borrower Obligations shall not exceed the Aggregate Commitments (US), (iii) the aggregate Outstanding Amount of the Committed Loans of any Lender Lender, plus such Lender’s Applicable Percentage of the Outstanding Amount of all L/C Obligations, plus such Lender’s Applicable Percentage of the Outstanding Amount of all Swing Line Loans shall not exceed such Lender’s Commitment, (iiiiv) the aggregate Outstanding Amount of all Committed Loans made to the Company and any Designated UK Borrower under the Designated Borrower Sublimit applicable to such Designated Borrower Obligations shall not exceed such Designated Borrower the UK Sublimit, and (ivv) the aggregate Outstanding Amount of all Loans and L/C Obligations made to the Company under the Company Sublimit denominated in Alternative Currencies shall not exceed the Company Sublimit then Alternative Currency Sublimit; and provided further that the availability of the Aggregate Commitments (US) and the UK Commitment 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 (if any). Notwithstanding the foregoing, the UK Swing Line Lender’s agreement to make Committed Loans hereunder is limited to (a) the making of Committed Loans pursuant to Section 2.04(b)(iv) to refinance UK Swing Line Loans and pursuant to Section 2.03(c) to refinance Unreimbursed Amounts of UK Issued L/Cs, (b) the purchase of participations in effectexisting Committed Loans in connection therewith in accordance with Section 2.02(f), and continuations and conversions of the foregoing. Within the limits of each Lender’s Commitment, and subject to the other terms and conditions hereof, the Borrowers may borrow under this Section 2.01, prepay under Section 2.05, and reborrow under this Section 2.01. Committed Loans may be Base Rate Loans or Eurocurrency Rate Loans, as further provided herein; provided that any Borrowings made on the Closing Date or any of the three (3) Business Days following the Closing Date shall be made as Base Rate Loans unless the applicable Borrower delivers a funding indemnity letter in form and substance reasonably acceptable to the Administrative Agent not less than three Business Days prior to the date of such Borrowing.

Appears in 2 contracts

Samples: Assignment and Assumption (Grant Prideco Inc), Credit Agreement (Grant Prideco Inc)

Committed Loans. Subject to the terms and conditions set forth herein, each Lender (or, in the case of Loans made under a Designated Borrower Sublimit, each Designated Lender with respect to such Designated Borrower Sublimit) severally agrees to make loans (each such loan, a “Committed Loan”) to 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, (ii) the Credit Exposure aggregate Outstanding Amount of the Committed Loans of any Lender Lender, plus such Lender’s Applicable Percentage of the Outstanding Amount of all L/C Obligations, plus such Lender’s 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 made to the Company and any Designated Borrower under that is a Foreign Obligor shall not exceed the Designated Borrower Sublimit Sublimit, if any, applicable to such Designated Borrower shall not exceed such Designated Borrower SublimitForeign Obligor, and (iv) the aggregate Outstanding Amount of all Committed Loans and L/C Obligations made to the Company under the Company Sublimit denominated in Alternative Currencies shall not exceed the Company Sublimit then in effectAlternative Currency Sublimit. Within the limits of each Lender’s Commitment, and subject to the other terms and conditions hereof, the Borrowers may borrow under this Section 2.01, prepay under Section 2.05, and reborrow under this Section 2.01. Committed Loans may be Base Rate Loans or Eurocurrency Rate Loans, as further provided herein; provided that any Borrowings made on the Closing Date or any of the three (3) Business Days following the Closing Date shall be made as Base Rate Loans unless the applicable Borrower delivers a funding indemnity letter in form and substance reasonably acceptable to the Administrative Agent not less than three Business Days prior to the date of such Borrowing.

Appears in 2 contracts

Samples: Credit Agreement (Avnet Inc), Credit Agreement (Avnet Inc)

Committed Loans. (a) Subject to the terms and conditions set forth herein, each Lender (or, in the case of Loans made under a Designated Borrower Sublimit, each Designated Lender with respect to such Designated Borrower Sublimit) severally agrees to make revolving loans (each such loan, a “Committed Revolving Credit Loan”) to the Borrowers each Borrower in Dollars or in one or more Alternative Currencies from time to time, on any Business Day during the Availability Period, Period in an aggregate amount for all the Borrowers not to exceed at any time outstanding the amount of such Lender’s Revolving Credit Commitment; provided, however, that after giving effect to any Committed BorrowingBorrowing of Revolving Credit Loans, (i) the Total Revolving Outstandings shall not exceed the Aggregate Revolving Commitments, (ii) the aggregate Outstanding Amount of the Revolving Credit Exposure Loans of any Lender Lender, plus such Lender’s Applicable Percentage of the Outstanding Amount of all L/C Obligations, plus such Lender’s Applicable Percentage of the Outstanding Amount of all Swing Line Loans shall not exceed such Lender’s Revolving Credit Commitment, (iii) the aggregate Outstanding Amount of all Committed Revolving Credit Loans made to the Company and any Designated Borrower under the Designated Borrower Sublimit applicable to such Designated Borrower HIL shall not exceed such Designated Borrower Sublimit, the HIL Sublimit and (iv) the aggregate Outstanding Amount of all Revolving Credit Loans and L/C Obligations made to the Company under the Company Sublimit denominated in Alternative Currencies shall not exceed the Company Sublimit then in effectAlternative Currency Sublimit. Within the limits of each Lender’s Revolving Credit Commitment, and subject to the other terms and conditions hereof, the Borrowers each Borrower may borrow under this Section 2.012.01(a), prepay under Section 2.05, and reborrow under this Section 2.012.01(a). Committed Revolving Credit Loans may be Base Rate Loans, Eurocurrency Rate Loans or Eurocurrency Peso Rate Loans, as further provided herein; provided . The Revolving Credit Loans to each Borrower shall be the sole and several liability of that Borrower and the other Borrowers shall not be co-obligors or have any joint liability for such Loans (except to the extent that any Borrowings made on liability is derived by the Closing Date or any other Borrowers as Guarantors of the three (3) Business Days following the Closing Date shall be made as Base Rate Loans unless the applicable Borrower delivers a funding indemnity letter in form and substance reasonably acceptable to the Administrative Agent not less than three Business Days prior to the date Obligations of such Borrowingthat Borrower).

Appears in 2 contracts

Samples: Credit Agreement (Herbalife Ltd.), Credit Agreement (Herbalife Ltd.)

Committed Loans. Subject to the terms and conditions set forth herein, each Lender (or, in the case of Loans made under a Designated Borrower Sublimit, each Designated Lender with respect to such Designated Borrower Sublimit) severally agrees to make loans in Dollars or in one or more Alternative Currencies (each such loan, a “Committed Loan”) to the Borrowers in Dollars or in one or more Alternative Currencies 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, (ii) the Credit Exposure aggregate Outstanding Amount of the Committed Loans of any Lender Lender, plus such Lender’s Applicable Percentage of the Outstanding Amount of all L/C Obligations, plus such Lender’s 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 made to the Company and any Designated Borrower under the Designated Borrower Sublimit applicable to such Designated Borrower shall not exceed such Designated Borrower Sublimit, and (iv) the aggregate Outstanding Amount of all Loans and L/C Obligations made to the Company under the Company Sublimit denominated in Alternative Currencies shall not exceed the Company Sublimit then in effectAlternative Currency Sublimit. Within the limits of each Lender’s Commitment, and subject to the other terms and conditions hereof, the Borrowers Borrower may borrow under this Section 2.01, prepay under Section 2.052.06, and reborrow under this Section 2.01. After the LIBOR Transition Date, Committed Loans may be Base Rate Loans, Term SOFR Loans, Alternative Currency Term Rate Loans or Eurocurrency Alternative Currency Daily Rate Loans, as further provided herein; provided that any Borrowings made on the Closing Date or any of the three (3) Business Days following the Closing Date shall be made as Base Rate Loans unless the applicable Borrower delivers a funding indemnity letter in form and substance reasonably acceptable to the Administrative Agent not less than three Business Days prior to the date of such Borrowing.

Appears in 2 contracts

Samples: Credit Agreement (Lowes Companies Inc), Credit Agreement (Lowes Companies Inc)

Committed Loans. Subject to the terms and conditions set forth herein, each Lender (or, in the case of Loans made under a Designated Borrower Sublimit, each Designated Lender with respect to such Designated Borrower Sublimit) severally agrees to make loans (each such loan, a “Committed Loan”) to the Borrowers in Dollars or in one or more Alternative Currencies 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 Credit Exposure aggregate Outstanding Amount of the Committed Loans of any Lender 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, (iii) the aggregate Outstanding Amount of all Committed Loans made to the Company and any Designated Borrower under the Designated Borrower Sublimit applicable to such Designated Borrower shall not exceed such Designated Borrower Sublimit, and (iv) the aggregate Outstanding Amount of all Loans and L/C Obligations made to the Company under the Company Sublimit shall not exceed the Company Sublimit then in effect. Within the limits of each Lender’s Commitment, and subject to the other terms and conditions hereof, the Borrowers Borrower may borrow under this Section 2.012.1, prepay under Section 2.052.5, and reborrow under this Section 2.012.1. Committed Loans may be Base Rate Loans or Eurocurrency Eurodollar Rate Loans, as further provided herein. The amount of each Lender’s Commitment is set forth opposite its name on Schedule 2.1 annexed hereto and the original Aggregate Commitment is $120,000,000; provided that the amount of the Commitments of each Lender shall be adjusted to give effect to any Borrowings assignments of such Commitments pursuant to Section 10.6 and shall be reduced from time to time by the amount of any reductions thereto made pursuant to Section 2.5 or Section 2.6. Each Lender’s Commitment shall expire immediately and without further action on the Closing Maturity Date or any of and all Loans and all other amounts owed hereunder with respect to the three (3) Business Days following Loans and the Closing Date Commitments shall be made as Base Rate Loans unless the applicable Borrower delivers a funding indemnity letter paid in form and substance reasonably acceptable to the Administrative Agent not less full no later than three Business Days prior to the date of such Borrowingthat date.

Appears in 2 contracts

Samples: Credit Agreement (Quidel Corp /De/), Credit Agreement (Quidel Corp /De/)

Committed Loans. Subject to the terms and conditions set forth herein, each US Lender (or, in the case of Loans made under a Designated Borrower Sublimit, each Designated Lender with respect to such Designated Borrower Sublimit) severally agrees to make loans (each such loan, a “Committed Loan”) to the Borrowers US 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 US Lender’s Commitment; provided, however, that after giving effect to any Committed Borrowing, (i) the US Total Outstandings shall not exceed the Aggregate Commitments, and (ii) the Credit Exposure aggregate Outstanding Amount of the Committed Loans of any Lender US Lender, plus such US Lender’s Applicable Percentage of the Outstanding Amount of all L/C Obligations, plus such US Lender’s Applicable Percentage of the Outstanding Amount of all Swing Line Loans shall not exceed such US Lender’s Commitment, and (iii) the aggregate Outstanding Amount of all Committed Loans made to the Company and any Designated Borrower under the Designated Borrower Sublimit applicable to such Designated Borrower shall not exceed such Designated Borrower Sublimit, and (iv) the aggregate Outstanding Amount of all Loans and L/C Obligations made to the Company under the Company Sublimit denominated in Alternative Currencies shall not exceed the Company Sublimit then in effectAlternative Currency Sublimit. Within the limits of each US Lender’s Commitment, and subject to the other terms and conditions hereof, the Borrowers US Borrower may borrow under this Section 2.01, prepay under Section 2.052.06, and reborrow under this Section 2.01. Committed Loans may be Base Rate Loans or Eurocurrency Rate Loans, as further provided herein; provided provided, however, that any Borrowings Committed Borrowing made on the Closing Date or any of the three (3) Business Days following the Closing Third Restatement Date shall be made as Base Rate Loans unless the applicable US Borrower delivers a funding indemnity letter in form and substance reasonably acceptable to the Administrative Agent not less than three Business Days prior to the date of such BorrowingThird Restatement Date.

Appears in 2 contracts

Samples: Credit Agreement (Schnitzer Steel Industries Inc), Credit Agreement (Schnitzer Steel Industries Inc)

Committed Loans. Subject to the terms and conditions set forth herein, each Lender (or, in the case of Loans made under a Designated Borrower Sublimit, each Designated Lender with respect to such Designated Borrower Sublimit) severally agrees to make loans (each such loan, a “Committed Loan”) to 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, (ii) the Credit Exposure aggregate Outstanding Amount of the Committed Loans of any Lender Lender, plus such Lender’s Applicable Percentage of the Outstanding Amount of all L/C Obligations, plus such Lender’s 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 made to the Company and any Designated Borrower under the Designated Borrower Sublimit applicable to such Designated Borrower Borrowers shall not exceed such the Designated Borrower Sublimit, and (iv) the aggregate Outstanding Amount of all Committed Loans and L/C Obligations made to the Company under the Company Sublimit denominated in Alternative Currencies shall not exceed the Company Sublimit then in effectAlternative Currency Sublimit. Within the limits of each Lender’s Commitment, and subject to the other terms and conditions hereof, the Borrowers may borrow under this Section 2.01, prepay under Section 2.05, and reborrow under this Section 2.01. Committed Loans may be Base Rate Loans or Eurocurrency Rate Loans, as further provided herein; provided that any Borrowings made on the Closing Date or any of the three (3) Business Days following the Closing Date shall be made as Base Rate Loans unless the applicable Borrower delivers a funding indemnity letter in form and substance reasonably acceptable to the Administrative Agent not less than three Business Days prior to the date of such Borrowing.

Appears in 2 contracts

Samples: Credit Agreement (Furmanite Corp), Credit Agreement (Flextronics International Ltd.)

Committed Loans. Subject to the terms and conditions set forth herein, each Lender (or, in the case of Loans made under a Designated Borrower Sublimit, each Designated Lender with respect to such Designated Borrower Sublimit) severally agrees to make loans (each such loan, a “Committed Loan”) to the Borrowers Borrower in Dollars or in one or more Alternative Currencies each Eligible Currency 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 LenderXxxxxx’s Commitment; provided, however, that after giving effect to any Committed Borrowing, (i) the Total Outstandings (plus the greater of (A) the Aggregate Unfunded Amount minus Cash credited to the Unfunded Exposure Account (excluding Excluded Amounts) and (B) zero) shall not exceed the Aggregate Commitments, Commitments and (ii) the Revolving Credit Exposure of any Lender shall not exceed such LenderXxxxxx’s Commitment, (iii) the aggregate Outstanding Amount of all Committed Loans made to the Company and any Designated Borrower under the Designated Borrower Sublimit applicable to such Designated Borrower shall not exceed such Designated Borrower Sublimit, and (iv) the aggregate Outstanding Amount of all Loans and L/C Obligations made to the Company under the Company Sublimit shall not exceed the Company Sublimit then in effect. Within the limits of each Lender’s Commitment, and subject to the other terms and conditions hereof, the Borrowers Borrower may borrow under this Section 2.01, prepay under Section 2.052.03, and reborrow under this Section 2.01. Committed Loans may be Base Rate Loans, Term SOFR Loans, Alternative Currency Daily Rate Loans or Eurocurrency Alternative Currency Term Rate Loans, as further provided herein; provided that any Borrowings made . So long as no Borrowing Base Deficiency, Currency Asset Amount Shortfall or Default has occurred and is continuing, the Manager, on the Closing Date or any behalf of the three Borrower, may provide a written request substantially in the form of Exhibit G hereto (3such request, an “Increase Request”) Business Days following the Closing Date shall be made as Base Rate Loans unless the applicable Borrower delivers a funding indemnity letter in form and substance reasonably acceptable to the Administrative Agent and the applicable Lender requesting an increase in such Lender’s Commitment. Such Lender shall have the right, acting in its sole and absolute discretion, to approve or reject any such Increase Request (including, for the avoidance of doubt, the right to approve only a portion of the amount requested in any such Increase Request); provided that (i) no Increase Request shall be approved (in whole or in part) without the prior written consent of the Administrative Agent and (ii) after giving effect to such Increase Request (in whole or in part) the Aggregate Commitments may not less than three Business Days prior exceed the Maximum Commitment Amount. If an Increase Request is approved (in whole or in part), then the Administrative Agent shall notify the Manager, on behalf of the Borrower, of the increase in the Commitment of the applicable Lender and the effective date thereof. For the avoidance of doubt, in connection with any approved Increase Request, the Borrower shall pay to the date of such BorrowingLender the applicable fees in the amounts and at the times specified in the Fee Letter as provided in Section 2.07(c).

Appears in 2 contracts

Samples: Credit Agreement (Blackstone Secured Lending Fund), Credit Agreement (Blackstone Secured Lending Fund)

Committed Loans. Subject If the Required Lenders determine that for any reason in connection with any request for a Committed Loan that is a Eurocurrency Rate Loan or a conversion to the terms and conditions set forth herein, each Lender or continuation thereof that (or, in the case of Loans made under a Designated Borrower Sublimit, each Designated Lender with respect to such Designated Borrower Sublimiti) severally agrees to make loans deposits (each such loan, a “Committed Loan”) to the Borrowers whether in Dollars or an Alternative Currency) are not being offered to banks in one or more Alternative Currencies from time to time, on any Business Day during the Availability Period, in an aggregate applicable offshore interbank market for such currency for the applicable amount not to exceed at any time outstanding the amount and Interest Period of such Lender’s Commitment; provided, however, that after giving effect to any Committed Borrowing, (i) the Total Outstandings shall not exceed the Aggregate CommitmentsEurocurrency Rate Loan, (ii) adequate and reasonable means do not exist for determining the Credit Exposure of Eurocurrency Base Rate for any Lender shall not exceed such Lender’s Commitmentrequested Interest Period with respect to a proposed Eurocurrency Rate Loan (whether denominated in Dollars or an Alternative Currency), or (iii) the aggregate Outstanding Amount Eurocurrency Base Rate for any requested Interest Period with respect to a proposed Eurocurrency Rate Loan does not adequately and fairly reflect the cost to such Lenders of all Committed Loans made to funding such Eurocurrency Rate Loan, the Administrative Agent will promptly so notify the Company and any Designated Borrower under each Lender. Thereafter, (x) the Designated Borrower Sublimit applicable obligation of the Lenders to such Designated Borrower make or maintain Committed Loans that are Eurocurrency Rate Loans in the affected currency or currencies shall not exceed such Designated Borrower Sublimit, be suspended and (ivy) in the aggregate Outstanding Amount event of all Loans and L/C Obligations made a determination described in the preceding sentence with respect to the Company under Eurocurrency Base Rate component of the Base Rate, the utilization of the Eurocurrency Base Rate component in determining the Base Rate shall be suspended, in each case until the Administrative Agent (upon the instruction of the Required Lenders) revokes such notice. Upon receipt of such notice, the Company Sublimit shall not exceed may revoke any pending request for a Borrowing of, conversion to or continuation of Eurocurrency Rate Loans in the Company Sublimit then in effect. Within the limits affected currency or currencies or, failing that, will be deemed to have converted such request into a request for a Borrowing of each Lender’s Commitment, and subject to the other terms and conditions hereof, the Borrowers may borrow under this Section 2.01, prepay under Section 2.05, and reborrow under this Section 2.01. Committed Loans may be Base Rate Loans or Eurocurrency Rate Loans, as further provided herein; provided that any Borrowings made on in the Closing Date or any of the three (3) Business Days following the Closing Date shall be made as Base Rate Loans unless the applicable Borrower delivers a funding indemnity letter in form and substance reasonably acceptable to the Administrative Agent not less than three Business Days prior to the date of such Borrowingamount specified therein.

Appears in 2 contracts

Samples: Credit Agreement (Navigant Consulting Inc), Credit Agreement (Navigant Consulting Inc)

Committed Loans. (a) Subject to the terms and conditions set forth herein, each Lender (or, in the case of Loans made under a Designated Borrower Sublimit, each Designated Lender with respect to such Designated Borrower Sublimit) severally agrees to make loans (each such loan, a “Committed Loan”) to the Borrowers in Dollars or in one or more Alternative Currencies Borrower from time to time, on any Business Day during the Availability Period, in an aggregate amount not to exceed exceed, at any time outstanding time, the lesser of (a) the amount of such Lender’s Commitment, and (b) such Lender’s Applicable Percentage of the Borrowing Base; provided, however, that after giving effect to any Committed Borrowing, (i) the Total Outstandings shall not exceed the Aggregate CommitmentsBorrowing Base, and (ii) the Credit Exposure aggregate Outstanding Amount of the Committed Loans of any Lender Lender, plus such Lender’s Applicable Percentage of the Outstanding Amount of all L/C Obligations, plus such Lender’s Applicable Percentage of the Outstanding Amount of all Swing Line Loans, plus such Lender’s Applicable Percentage of the Outstanding Amount of all Overadvance Loans, plus such Lender’s Applicable Percentage of the Outstanding Amount of all Protective Advances, shall not exceed such Lender’s Commitment, (iii) Applicable Percentage of the aggregate Outstanding Amount of all Committed Loans made to the Company and any Designated Borrower under the Designated Borrower Sublimit applicable to such Designated Borrower shall not exceed such Designated Borrower Sublimit, and (iv) the aggregate Outstanding Amount of all Loans and L/C Obligations made to the Company under the Company Sublimit shall not exceed the Company Sublimit then in effectBorrowing Base. Within the limits of each Lender’s Commitment, and subject to the other terms and conditions hereof, the Borrowers Borrower may borrow under this Section 2.01‎2.01, prepay and repay under Section 2.05‎2.05 and Section ‎2.07, and reborrow under this Section 2.01‎2.01. Committed Loans may be Base Rate Loans or Eurocurrency Eurodollar Rate Loans, as further provided herein; provided that any Borrowings made on . Prior to the Closing Date or any of the three (3) Business Days following the Closing Date Existing Tranche Maturity Date, Committed Loans shall be made as Base Rate by the Extended Tranche Lenders and the Existing Tranche Lenders in accordance with each Lender’s Applicable Percentage. From and after the Existing Tranche Maturity Date, Committed Loans unless shall be made by the applicable Borrower delivers a funding indemnity letter Extended Tranche Lenders in form and substance reasonably acceptable to the Administrative Agent not less than three Business Days prior to the date of such Borrowingaccordance with each Extended Tranche Lender’s Applicable Percentage.

Appears in 1 contract

Samples: Revolving Credit Agreement (Western Refining, Inc.)

Committed Loans. (a) Subject to the terms and conditions set forth herein, each Applicable Lender (or, in the case of Loans made under a Designated Borrower Sublimit, each Designated Lender with respect to such Designated Borrower Sublimit) severally agrees to make loans (each such loan, a “Dollar Committed Loan”) to the Borrowers Company 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, (i1) the Total Outstandings shall not exceed the Aggregate Commitments, Commitments and (ii2) the Credit Exposure aggregate Outstanding Amount of the Committed Loans of any Lender Lender, plus such Lender’s Applicable Percentage of the Outstanding Amount of all L/C Obligations, plus such Lender’s Applicable Percentage of the Outstanding Amount of all Swing Line Loans shall not exceed such Lender’s Commitment; provided, (iii) further, that if the aggregate Outstanding Amount of all Company wishes to incur Dollar Committed Loans made in an aggregate principal amount (taken together with all Dollar Committed Loans at such time outstanding) in excess of the Dollar Allocation, the Company shall notify the Administrative Agent and each Applicable Agent (who shall notify the applicable Designated Additional Dollar Lenders) of such determination and shall specify a portion of one or more Alternative Currency Sublimits (the “Redesignated Sublimits”) to be reduced by an aggregate amount equal to the amount by which such proposed Borrowing exceeds the Dollar Allocation and the amount by which each such Alternative Currency Sublimit is to be reduced (the “Dollar Designation”), and the Applicable Lenders in respect of such Alternative Currency Sublimits (the “Designated Additional Dollar Lenders”) shall make Dollar Committed Loans to the Company and any Designated Borrower under the Designated Borrower Sublimit applicable to such Designated Borrower shall not exceed such Designated Borrower Sublimit, and (iv) the aggregate Outstanding Amount of all Loans and L/C Obligations made on a ratable basis in accordance with their respective commitments to the Company under the Company Sublimit shall not exceed the Company Sublimit then in effect. Within the limits of each Lender’s CommitmentRedesignated Sublimits, upon and subject to the other terms and conditions hereof, the Borrowers may borrow under set forth in this Section 2.01, prepay under Section 2.05, and reborrow under this Section 2.01. Committed Loans may be Base Rate Loans or Eurocurrency Rate Loans, as further provided herein; provided that any Borrowings made on the Closing Date or any of the three (3) Business Days following the Closing Date shall be made as Base Rate Loans unless the applicable Borrower delivers a funding indemnity letter in form and substance reasonably acceptable to the Administrative Agent not less than three Business Days prior to the date of such BorrowingAgreement.

Appears in 1 contract

Samples: Credit Agreement (Perkinelmer Inc)

Committed Loans. (a) Subject to the terms and conditions set forth herein, each Lender (or, in the case of Loans made under a Designated Borrower Sublimit, each Designated Lender with respect to such Designated Borrower Sublimit) severally agrees to make loans (each such loan, a “Committed Loan”) to 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, (ii) the Credit Exposure aggregate Outstanding Amount of the Committed Loans of any Lender Lender, plus such Lender’s Applicable Percentage of the Outstanding Amount of all L/C Obligations, plus such Lender’s 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 made to the Company and any Designated Borrower under the Designated Borrower Sublimit applicable to such Designated Borrower Borrowers shall not exceed such the Designated Borrower Sublimit, and (iv) the aggregate Outstanding Amount of all Committed Loans and L/C Obligations made to the Company under the Company Sublimit denominated in Alternative Currencies shall not exceed the Company Sublimit then in effectAlternative Currency Sublimit. Within the limits of each Lender’s Commitment, and subject to the other terms and conditions hereof, the Borrowers may borrow under this Section 2.01, prepay under Section 2.05, and reborrow under this Section 2.01. Committed Loans may be Base Rate Loans or Eurocurrency Rate Loans, as further provided herein; provided that any Borrowings made on . In addition, as a condition to all Alternative Currency Loans, the Closing Date or any of the three (3) Business Days following the Closing Date Borrower and all Lenders shall be made as Base Rate Loans unless the applicable Borrower delivers a funding indemnity letter in form and substance reasonably acceptable provide to the Administrative Agent not less than three Business Days prior and Governmental Authorities all documentation as may be required now or in the future by Governmental Authorities in regard to making or repaying the date of such BorrowingLoans.

Appears in 1 contract

Samples: Credit Agreement (Bairnco Corp /De/)

Committed Loans. Subject to the terms and conditions set forth herein, each Lender (or, in the case of Loans made under a Designated Borrower Sublimit, each Designated Lender with respect to such Designated Borrower Sublimit) severally agrees to make loans (each such loan, a “Committed Loan”) to the Borrowers 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, Commitments and (ii) the Revolving Credit Exposure of any Lender shall not exceed such Lender’s Commitment, (iii) the aggregate Outstanding Amount of all Committed Loans made to the Company and any Designated Borrower under the Designated Borrower Sublimit applicable to such Designated Borrower shall not exceed such Designated Borrower Sublimit, and (iv) the aggregate Outstanding Amount of all Loans and L/C Obligations made to the Company under the Company Sublimit shall not exceed the Company Sublimit then in effect. Within the limits of each Lender’s Commitment, and subject to the other terms and conditions hereof, the Borrowers Borrower may borrow under this Section 2.01, prepay under Section 2.05, 2.03 or Section 2.05 and reborrow under this Section 2.012.01 or Section 2.05. Committed Loans may be Base Rate Loans or Eurocurrency Rate Loans, as further provided herein; provided that any Borrowings made . The Lenders’ total Commitments shall be allocated between a Class A Loan Commitment and a Class A-1 Loan Commitment as set forth on Schedule 2.01. On the Closing Class A Loan Maturity Date, the Class A Loan Commitment shall expire and be reduced to zero. The Class A Loan Maturity Date or any may be extended upon request of the three (3) Business Days following Borrower, subject to the Closing Date shall prior written consent of 100% of the Class A Lenders in their sole discretion. Such request must be made as Base Rate Loans unless the applicable Borrower delivers a funding indemnity letter in form and substance reasonably acceptable to the Administrative Agent not less no later than three 10 Business Days prior to the then current Class A Loan Maturity Date in a form of extension request specified in Schedule 1. The Class A Lenders shall give written notice to the Administrative Agent of any agreement to extend the Class A Loan Maturity Date, and the date of such Borrowingextended Class A Loan Maturity Date, at least 5 Business Days prior to the then current Class A Loan Maturity Date.

Appears in 1 contract

Samples: Credit Agreement (Barings BDC, Inc.)

Committed Loans. Subject to the terms and conditions set forth herein, each Lender (or, in the case of Loans made under a Designated Borrower Sublimit, each Designated Lender with respect to such Designated Borrower Sublimit) severally agrees to make loans prior to the Term Loan Maturity Date under the Term Loan Facility (each such loan, a “Committed Loan”) to the Borrowers in Dollars or in one or more Alternative Currencies Borrower from time to timetime during the Term Loan Availability Period, on any Business Day during the Availability PeriodDay, 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 Unsecured Indebtedness shall not exceed the Aggregate CommitmentsUnencumbered Pool Availability, (ii) the Credit Exposure aggregate principal amount of Loans made under the Term Loan Facility shall not exceed the Term Loan Commitment Amount, and (iii) the aggregate Outstanding Amount of the Committed Loans of any Lender shall not exceed such Lender’s Commitment, . The initial amount of the Term Loan Facility (iiiprior to any increase in accordance with Section 2.15) may be funded in up to two advances on or before the aggregate Outstanding Amount end of all Committed Loans made to the Company and any Designated Borrower Term Loan Availability Period. Amounts borrowed under the Designated Borrower Sublimit applicable to such Designated Borrower shall not exceed such Designated Borrower Sublimit, and (iv) the aggregate Outstanding Amount of all Loans and L/C Obligations made to the Company under the Company Sublimit shall not exceed the Company Sublimit then in effect. Within the limits of each Lender’s Commitment, and subject to the other terms and conditions hereof, the Borrowers Term Loan Facility may borrow under this Section 2.01, prepay be prepaid under Section 2.05, and reborrow under this Section 2.01but may not be reborrowed hereunder. Committed Loans may be Base Rate Loans or Eurocurrency LIBOR Rate Loans, as further provided herein; provided that any Borrowings made on the Closing Date or any of the three (3) Business Days following the Closing Date shall be made as Base Rate Loans unless the applicable Borrower delivers a funding indemnity letter in form and substance reasonably acceptable to the Administrative Agent not less than three Business Days prior to the date of such Borrowing.

Appears in 1 contract

Samples: Term Loan Agreement (CNL Healthcare Properties, Inc.)

Committed Loans. Subject to the terms and conditions set forth herein, each Lender (or, in the case of Loans made under a Designated Borrower Sublimit, each Designated Lender with respect to such Designated Borrower Sublimit) severally agrees to make loans (each such loan, a “Committed Loan”) to the Borrowers Borrower in Dollars or in one or more Alternative Currencies each Eligible Currency 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 (plus the greater of (A) the Aggregate Unfunded Amount minus Cash credited to the Unfunded Exposure Account (excluding Excluded Amounts) and (B) zero) shall not exceed the Aggregate Commitments, Commitments and (ii) the Revolving Credit Exposure of any Lender shall not exceed such Lender’s Commitment, (iii) the aggregate Outstanding Amount of all Committed Loans made to the Company and any Designated Borrower under the Designated Borrower Sublimit applicable to such Designated Borrower shall not exceed such Designated Borrower Sublimit, and (iv) the aggregate Outstanding Amount of all Loans and L/C Obligations made to the Company under the Company Sublimit shall not exceed the Company Sublimit then in effect. Within the limits of each Lender’s Commitment, and subject to the other terms and conditions hereof, the Borrowers Borrower may borrow under this Section 2.01, prepay under Section 2.052.03, and reborrow under this Section 2.01. Committed Loans may be Base Rate Loans or Eurocurrency Rate Loans, as further provided herein; provided that any Borrowings made . So long as no Borrowing Base Deficiency, Currency Asset Amount Shortfall or Default has occurred and is continuing, the Manager, on the Closing Date or any behalf of the three Borrower, may provide a written request substantially in the form of Exhibit G hereto (3such request, an “Increase Request”) Business Days following the Closing Date shall be made as Base Rate Loans unless the applicable Borrower delivers a funding indemnity letter in form and substance reasonably acceptable to the Administrative Agent and the applicable Lender requesting an increase in such Lender’s Commitment. Such Lender shall have the right, acting in its sole and absolute discretion, to approve or reject any such Increase Request (including, for the avoidance of doubt, the right to approve only a portion of the amount requested in any such Increase Request); provided that (i) no Increase Request shall be approved (in whole or in part) without the prior written consent of the Administrative Agent and (ii) after giving effect to such Increase Request (in whole or in part) the Aggregate Commitments may not less than three Business Days prior exceed the Maximum Commitment Amount. If an Increase Request is approved (in whole or in part), then the Administrative Agent shall notify the Manager, on behalf of the Borrower, of the increase in the Commitment of the applicable Lender and the effective date thereof. For the avoidance of doubt, in connection with any approved Increase Request, the Borrower shall pay to the date of such BorrowingLender the applicable fees in the amounts and at the times specified in the Fee Letter as provided in Section 2.07(c).

Appears in 1 contract

Samples: Credit Agreement (Blackstone / GSO Secured Lending Fund)

Committed Loans. Subject to the terms and conditions set forth herein, each Lender (or, in the case of Loans made under A) that has a Designated Borrower Sublimit, each Designated Lender with respect to such Designated Borrower Sublimit) Revolving Loan Commitment severally agrees to make loans under such Revolving Loan Commitment in Dollars (each such loan, a "Revolving Loan", and (B) that has a Term Loan Commitment severally agrees to make loans under such commitments in Dollars (each such loan, a “Term Loan” and together with any Revolving Loan, a "Committed Loan") for the account of any Borrower as designated by the Administrative Borrower pursuant to the Borrowers in Dollars or in one or more Alternative Currencies 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 Revolving Loan Commitment or Term Loan Commitment, as applicable; provided, however, that after giving effect to any Committed Revolving Borrowing, (i) the Total Outstandings shall not exceed the Aggregate Commitments, (ii) with respect to any Revolving Loan, the Credit Exposure aggregate Outstanding Amount of the Revolving Loans of any Lender, plus such Lender’s Applicable Revolving Percentage of the Outstanding Amount of all L/C Obligations, plus such Lender’s Applicable Percentage of the Outstanding Amount of all Swing Line Loans shall not exceed such Lender’s Revolving Loan Commitment and (iii) with respect to any Term Loan, the aggregate Outstanding Amount of the Term Loans of any Lender shall not exceed such Lender’s 's Term Loan Commitment, (iii) the aggregate Outstanding Amount of all Committed Loans made to the Company and any Designated Borrower under the Designated Borrower Sublimit applicable to such Designated Borrower shall not exceed such Designated Borrower Sublimit, and (iv) the aggregate Outstanding Amount of all Loans and L/C Obligations made to the Company under the Company Sublimit shall not exceed the Company Sublimit then in effect. Within the limits of each Lender’s Revolving Loan Commitment, and subject to the other terms and conditions hereof, any of the Borrowers may borrow a Revolving Loan under this Section 2.01, prepay a Revolving Loan under Section 2.052.06, and reborrow a Revolving Loan under this Section 2.01. Any Revolving Loan shall be evidenced by a separate promissory note of the Borrower in substantially the form of Exhibit C-1 hereto (each, a "Revolving Note"), dated as of the making of such Revolving Loan and completed with appropriate insertions. Committed Loans may be Base Rate Loans or Eurocurrency Rate LIBOR Loans, as further provided herein; provided that any Borrowings made on the Closing Date or any of the three (3) Business Days following the Closing Date shall be made as Base Rate Loans unless the applicable Borrower delivers a funding indemnity letter in form and substance reasonably acceptable to the Administrative Agent not less than three Business Days prior to the date of such Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Potlatchdeltic Corp)

Committed Loans. (d) Subject to the terms and conditions set forth herein, each Tranche 1 Lender (or, in the case of Loans made under a Designated Borrower Sublimit, each Designated Lender with respect to such Designated Borrower Sublimit) severally agrees to make loans (each such loan, a “Committed Tranche 1 Loan”) to the Borrowers Company, and to any other Borrower designated to receive Tranche 1 Loans hereunder, 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 Tranche 1 Lender’s Tranche 1 Commitment; provided, however, that after giving effect to any Committed Tranche 1 Borrowing, (i) the Total Tranche 1 Outstandings shall not exceed the Aggregate Commitments, Tranche 1 Commitments and (ii) the Revolving Credit Exposure of any Tranche 1 Lender shall not exceed such Tranche 1 Lender’s Tranche 1 Commitment, ; and provided further that (iiii) the aggregate Outstanding Amount availability of all Committed the Aggregate Tranche 1 Commitments at any time for the making of any Tranche 1 Loans made to and the Company and any Designated Borrower under issuance of Letters of Credit shall be reduced by the Designated Borrower Sublimit amount of the Alternative Currency Reserve (if any) applicable to such Designated Borrower shall not exceed such Designated Borrower SublimitTranche 1, and (ivii) in determining the availability of the Aggregate Tranche 1 Commitments hereunder with respect to any Escalating Credits issued or outstanding hereunder, the Aggregate Tranche 1 Commitments will be deemed to be utilized in respect of such Escalating Credits in the aggregate Outstanding Amount of all Loans and L/C Obligations made amount equal to the Company maximum aggregate amount available to be drawn under the Company Sublimit shall not exceed the Company Sublimit then in effectall such Escalating Credits (after giving effect to all increases). Within the limits of each Tranche 1 Lender’s Tranche 1 Commitment, and subject to the other terms and conditions hereof, the Borrowers may borrow under this Section 2.01, prepay under Section 2.05, and reborrow under this Section 2.01. Committed Tranche 1 Loans may be Base Rate Loans or Eurocurrency Rate Loans, as further provided herein; provided that any Borrowings made on the Closing Date or any of the three (3) Business Days following the Closing Date shall be made as Base Rate Loans unless the applicable Borrower delivers a funding indemnity letter in form and substance reasonably acceptable to the Administrative Agent not less than three Business Days prior to the date of such Borrowing.

Appears in 1 contract

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

Committed Loans. Subject to the terms and conditions set forth herein, each Lender (or, in the case of Loans made under a Designated Borrower Sublimit, each Designated Lender with respect to such Designated Borrower Sublimit) severally agrees to make loans (each such loan, a “Committed Loan”) to the Borrowers in Dollars or in one or more Alternative Committed Loan Offshore 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, (ii) the Credit Exposure aggregate Outstanding Amount of the Committed Loans of any Lender Lender, plus such Lender’s Applicable Percentage of the aggregate Outstanding Amount of all L/C Obligations, plus such Lender’s Applicable Percentage of the aggregate Outstanding Amount of all Swing Line Loans, shall not exceed such Lender’s Commitment, (iii) the aggregate Outstanding Amount of all Committed Loans made to the Company and any Designated Borrower under the Designated Borrower Sublimit applicable to such Designated Borrower Swing Line Loans outstanding in Offshore Currencies (other than euro) shall not exceed such Designated Borrower Sublimit, the Offshore Currency Committed Loan and Swing Line Loan Sublimit and (iv) the aggregate Outstanding Amount of all Committed Loans and Swing Line Loans and L/C Obligations made to the Company under the Company Sublimit issued or outstanding in Offshore Currencies (other than euro) shall not exceed the Company Sublimit then in effectOffshore Currency Committed Loan, Swing Line Loan and Letter of Credit Sublimit. Within the limits of each Lender’s Commitment, and subject to the other terms and conditions hereof, the Borrowers may borrow under this Section 2.01, prepay under Section 2.052.06, and reborrow under this Section 2.01. Committed Loans may be Base Rate Loans or Eurocurrency Offshore Rate Loans, as further provided herein; provided that . The initial borrowing from any Borrowings made on Lender to a Borrower organized under the Closing Date or any laws of the three Netherlands shall at all times exceed €100,000 (3) Business Days following the Closing Date shall be made as Base Rate Loans unless the applicable Borrower delivers a funding indemnity letter or its equivalent in form another currency). Borrowings, Conversions and substance reasonably acceptable to the Administrative Agent not less than three Business Days prior to the date Continuations of such BorrowingCommitted Loans.

Appears in 1 contract

Samples: Credit Agreement (Stryker Corp)

Committed Loans. (a) Subject to the terms and conditions set forth herein, each Lender (or, in the case of Loans made under a Designated Borrower Sublimit, each Designated Lender with respect to such Designated Borrower Sublimit) severally agrees to make loans in Dollars or in an Optional Currency (each such loan, a "Committed Loan") to the Borrowers in Dollars or in one or more Alternative Currencies 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 Credit Exposure of any Lender shall not exceed such Lender’s Commitment, (iii) the aggregate Outstanding Amount of all the Committed Loans made to of any Lender, plus such Lender's Pro Rata Share of the Company and any Designated Borrower under Outstanding Amount of all L/C Obligations, plus such Lender's Pro Rata Share of the Designated Borrower Sublimit applicable to such Designated Borrower Outstanding Amount of all Swing Line Loans shall not exceed such Designated Borrower SublimitLender's Commitment. In determining the outstanding amount of each Lender's Commitment (including the amount of any Letters of Credit issued in an Optional Currency), and (iv) Agent shall calculate the aggregate Outstanding Amount Equivalent Value of all Loans and L/C Obligations made to Optional Currency Advances based on the Company under Equivalent Value of the Company Sublimit Optional Currency as of the first day of the Interest Period for each Optional Currency Advance or any renewal thereof or on such additional dates as the Agent shall not determine or the Lenders shall require. If at any time the Total Outstandings exceed the Company Sublimit then Aggregate Commitments, Borrower shall on Demand make payment to Agent, for the pro rata benefit of Lenders, in effectDollars or in the Optional Currency, as determined by Agent, in an amount sufficient to reduce the Total Outstandings to an amount not to exceed the Aggregate Commitments. Within the limits of each Lender’s 's Commitment, and subject to the other terms and conditions hereof, the Borrowers Borrower may borrow under this Section 2.012.1, prepay under Section 2.052.5, and reborrow under this Section 2.012.1. Committed Loans may be Base Rate Loans or Eurocurrency Rate Loans, as further provided herein; provided that Neither Agent nor any Borrowings made on the Closing Date or any of the three (3) Business Days following the Closing Date Lender shall be made as Base Rate Loans unless responsible for the applicable Borrower delivers a funding indemnity letter Commitment of any other Lender, nor will the failure of any Lender to perform its obligations under its Commitment in form and substance reasonably acceptable to the Administrative Agent not less than three Business Days prior to the date of such Borrowingany way relieve any other Lender from performing its obligations under its Commitment.

Appears in 1 contract

Samples: Credit Agreement (Micros Systems Inc)

Committed Loans. Subject to the terms and conditions set forth herein, each Lender (or, in the case of Loans made under a Designated Borrower Sublimit, each Designated Lender with respect to such Designated Borrower Sublimit) severally agrees to make loans (each such loan, a “Committed Loan”) to 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, (ii) the Credit Exposure aggregate Outstanding Amount of the Committed Loans of any Lender Lender, plus such Lender’s Applicable Percentage of the Outstanding Amount of all L/C Obligations, plus such Lender’s Applicable Percentage of the Outstanding Amount of all Swing Line Loans shall not exceed such Lender’s Commitment, Commitment and (iii) the aggregate Outstanding Amount of all Committed Loans made to the Company and any Designated Borrower under the Designated Borrower Sublimit applicable to such Designated Borrower shall not exceed such Designated Borrower Sublimit, and (iv) denominated in an Alternative Currency plus the aggregate Outstanding Amount of all Loans and L/C Obligations made to the Company under the Company Sublimit denominated in an Alternative Currency shall not exceed the Company Sublimit then Alternative Currency Sublimit. Each Lender may, at its option, make any Committed Loan available to any Designated Borrower that is a Foreign Subsidiary 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 such Designated Borrower to repay such Committed Loan in effectaccordance with the terms of this Agreement. Within the limits of each Lender’s Commitment, and subject to the other terms and conditions hereof, the Borrowers may borrow under this Section 2.01, prepay under Section 2.05, and reborrow under this Section 2.01. Committed Loans may be Base Rate Loans or Eurocurrency Rate Loans, as further provided herein; provided that any Borrowings . All Committed Loans made on the Closing Date or any of the three (3) Business Days following the Closing Date shall be made as Base Rate Loans unless the applicable Borrower delivers a funding indemnity letter in form and substance reasonably acceptable to the Administrative Agent not less than three Business Days prior to the date of such BorrowingLoans.

Appears in 1 contract

Samples: Credit Agreement (Amphenol Corp /De/)

Committed Loans. Subject to the terms and conditions set forth herein, each Lender (or, in the case of Loans made under A) that has a Designated Borrower Sublimit, each Designated Lender with respect to such Designated Borrower Sublimit) Revolving Loan Commitment severally agrees to make loans under such Revolving Loan Commitment in Dollars (each such loan, a “Revolving Loan”, and (B) that has a Term Loan Commitment severally agrees to make loans under such commitments in Dollars (each such loan, a “Term Loan” and together with any Revolving Loan, a “Committed Loan”) for the account of any Borrower as designated by the Administrative Borrower pursuant to the Borrowers in Dollars or in one or more Alternative Currencies 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 LenderXxxxxx’s Revolving Loan Commitment or Term Loan Commitment, as applicable; provided, however, that after giving effect to any Committed Revolving Borrowing, (i) the Total Outstandings shall not exceed the Aggregate Commitments, (ii) with respect to any Revolving Loan, the Credit Exposure aggregate Outstanding Amount of the Revolving Loans of any Lender, plus such Lender’s Applicable Revolving Percentage of the Outstanding Amount of all L/C Obligations, plus such Lender’s Applicable Percentage of the Outstanding Amount of all Swing Line Loans shall not exceed such Lender’s Revolving Loan Commitment and (iii) with respect to any Term Loan, the aggregate Outstanding Amount of the Term Loans of any Lender shall not exceed such LenderXxxxxx’s Term Loan Commitment, (iii) the aggregate Outstanding Amount of all Committed Loans made to the Company and any Designated Borrower under the Designated Borrower Sublimit applicable to such Designated Borrower shall not exceed such Designated Borrower Sublimit, and (iv) the aggregate Outstanding Amount of all Loans and L/C Obligations made to the Company under the Company Sublimit shall not exceed the Company Sublimit then in effect. Within the limits of each Lender’s Revolving Loan Commitment, and subject to the other terms and conditions hereof, any of the Borrowers may borrow a Revolving Loan under this Section 2.01, prepay under Section 2.05, and reborrow under this Section 2.01. Committed Loans may be Base Rate Loans or Eurocurrency Rate Loans, as further provided herein; provided that any Borrowings made on the Closing Date or any of the three (3) Business Days following the Closing Date shall be made as Base Rate Loans unless the applicable Borrower delivers a funding indemnity letter in form and substance reasonably acceptable to the Administrative Agent not less than three Business Days prior to the date of such Borrowing.Revolving Loan under

Appears in 1 contract

Samples: Credit Agreement (Potlatchdeltic Corp)

Committed Loans. (i) Committed (USD) Loans. Subject to the terms and conditions set forth herein, each Committed (USD) Lender (or, in the case of Loans made under a Designated Borrower Sublimit, each Designated Lender with respect to such Designated Borrower Sublimit) severally agrees to make loans (each such loan, a “Committed (USD) Loan”) to the Borrowers Borrowers, in Dollars or in one or more Alternative Currencies Dollars, from time to time, on any Business Day during the Availability PeriodPeriod with respect to the Committed (USD) Facility, in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s USD Commitment; provided, however, that after giving effect to any Committed (USD) Borrowing, (i) the Total (USD) Outstandings shall not exceed the Aggregate (USD) Commitments, (ii) the Credit Exposure aggregate Outstanding Amount of the Committed (USD) Loans of any Lender Lender, plus such Lender’s Applicable (USD) Percentage of the Outstanding Amount of all L/C Obligations, plus such Lender’s Applicable (USD) Percentage of the Outstanding Amount of all Swing Line Loans shall not exceed such Lender’s Commitment, USD Commitment and (iii) during any Senior Convertible Notes Preference Period, the aggregate Outstanding Amount of all Committed Loans made to the Company and any Designated Borrower under the Designated Borrower Sublimit applicable to such Designated Borrower shall not exceed such Designated Borrower Sublimit, and (iv) the aggregate Outstanding Amount of all Loans and L/C Obligations made to the Company under the Company Sublimit Total Outstandings shall not exceed the Company Sublimit then in effectSenior Convertible Notes Preference Period Threshold. Within the limits of each Committed (USD) Lender’s USD Commitment, and subject to the other terms and conditions hereof, the Borrowers may borrow under this Section 2.012.01(a), prepay under Section 2.05, and reborrow under this Section 2.012.01(a). Committed (USD) Loans may be Base Rate Loans or Eurocurrency Rate Loans, as further provided herein; provided that any Borrowings made on the Closing Date or any of the three (3) Business Days following the Closing Date shall be made as Base Rate Loans unless the applicable Borrower delivers a funding indemnity letter in form and substance reasonably acceptable to the Administrative Agent not less than three Business Days prior to the date of such Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Mastec Inc)

Committed Loans. Subject to the terms and conditions set forth herein, each Lender (or, in the case of Loans made under a Designated Borrower Sublimit, each Designated Lender with respect to such Designated Borrower Sublimit) severally agrees to make loans (each such loan, a “Committed Loan”) to the Borrowers in Dollars or in one or more Alternative Currencies of the Borrowers (subject to the PR Borrowing Limit) 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, (ii) the Credit Exposure aggregate Outstanding Amount of the Committed Loans of any Lender Lender, plus such Lender’s Applicable Percentage of the Outstanding Amount of all L/C Obligations (giving effect to any adjustments therein effected under the last sentence of the definition of “Applicable Percentage”), plus such Lender’s Applicable Percentage of the Outstanding Amount of all Swing Line Loans shall not exceed such Lender’s CommitmentCommitment (giving effect to any adjustments therein effected under the last sentence of the definition of “Applicable Percentage”), and (iii) the aggregate Outstanding Amount of all Committed Loans made to Total Outstandings owing by the Company and any Designated Borrower under the Designated Borrower Sublimit applicable to such Designated Borrower shall not exceed such Designated Borrower Sublimit, and (iv) the aggregate Outstanding Amount of all Loans and L/C Obligations made to the Company under the Company Sublimit PR Borrowers shall not exceed the Company Sublimit then in effectPR Borrowing Limit. Within the limits of each Lender’s Commitment, and subject to the other terms and conditions hereof, the Borrowers may borrow under this Section 2.01, prepay under Section 2.05, and reborrow under this Section 2.01. Committed Loans may be Base Rate Loans or Eurocurrency Eurodollar Rate Loans, as further provided herein; provided that any Borrowings made on the Closing Date or any of the three (3) Business Days following the Closing Date shall be made as Base Rate Loans unless the applicable Borrower delivers a funding indemnity letter in form and substance reasonably acceptable to the Administrative Agent not less than three Business Days prior to the date of such Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Stewart Enterprises Inc)

Committed Loans. Subject to the terms and conditions set forth herein, each Lender (or, in the case of Loans made under a Designated Borrower Sublimit, each Designated Lender with respect to such Designated Borrower Sublimit) severally agrees to make loans (each such loan, a “Committed Loan”) to the Borrowers Borrower in Dollars or in one or more Alternative Currencies each Eligible Currency 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 LenderXxxxxx’s Commitment; provided, however, that after giving effect to any Committed Borrowing, (i) the Total Outstandings (plus the greater of (A) the Aggregate Unfunded Amount minus Cash credited to the Unfunded Exposure Account (excluding Excluded Amounts) and (B) zero) shall not exceed the Aggregate Commitments, Commitments and (ii) the Revolving Credit Exposure of any Lender shall not exceed such LenderXxxxxx’s Commitment, (iii) the aggregate Outstanding Amount of all Committed Loans made to the Company and any Designated Borrower under the Designated Borrower Sublimit applicable to such Designated Borrower shall not exceed such Designated Borrower Sublimit, and (iv) the aggregate Outstanding Amount of all Loans and L/C Obligations made to the Company under the Company Sublimit shall not exceed the Company Sublimit then in effect. Within the limits of each Lender’s Commitment, and subject to the other terms and conditions hereof, the Borrowers Borrower may borrow under this Section 2.01, prepay under Section 2.052.03, and reborrow under this Section 2.01. Committed Loans may be Base Rate Loans, Eurocurrency Rate Loans Alternative Currency Daily Rate Loans or Eurocurrency Alternative Currency Term Rate Loans, as further provided herein; provided that any Borrowings made . So long as no Borrowing Base Deficiency, Currency Asset Amount Shortfall or Default has occurred and is continuing, the Manager, on the Closing Date or any behalf of the three Borrower, may provide a written request substantially in the form of Exhibit G hereto (3such request, an “Increase Request”) Business Days following the Closing Date shall be made as Base Rate Loans unless the applicable Borrower delivers a funding indemnity letter in form and substance reasonably acceptable to the Administrative Agent and the applicable Lender requesting an increase in such Lender’s Commitment. Such Lender shall have the right, acting in its sole and absolute discretion, to approve or reject any such Increase Request (including, for the avoidance of doubt, the right to approve only a portion of the amount requested in any such Increase Request); provided that (i) no Increase Request shall be approved (in whole or in part) without the prior written consent of the Administrative Agent and (ii) after giving effect to such Increase Request (in whole or in part) the Aggregate Commitments may not less than three Business Days prior exceed the Maximum Commitment Amount. If an Increase Request is approved (in whole or in part), then the Administrative Agent shall notify the Manager, on behalf of the Borrower, of the increase in the Commitment of the applicable Lender and the effective date thereof. For the avoidance of doubt, in connection with any approved Increase Request, the Borrower shall pay to the date of such BorrowingLender the applicable fees in the amounts and at the times specified in the Fee Letter as provided in Section 2.07(c).

Appears in 1 contract

Samples: Credit Agreement (Blackstone Secured Lending Fund)

Committed Loans. Subject to the terms and conditions set forth herein, each Lender (or, in the case of Loans made under a Designated Borrower Sublimit, each Designated Lender with respect to such Designated Borrower Sublimit) severally agrees to make loans (each such loan, a “Committed Loan”) to the Borrowers 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, (ii) the Credit Exposure aggregate Outstanding Amount of the Committed Loans of any Lender Lender, plus such Lender’s Applicable Percentage of the Outstanding Amount of all L/C Obligations shall not exceed such Lender’s Commitment, (iii) the aggregate Outstanding Amount of all Committed Loans made to the Company and any Designated Borrower under the Designated Borrower Sublimit applicable to such Designated Borrower of all L/C Obligations denominated in Alternative Currencies shall not exceed such Designated Borrower Sublimit, the Alternative Currency Sublimit and (iv) the aggregate Outstanding Amount of all Loans and L/C Obligations made to the Company under the Company Sublimit Total Outstandings shall not exceed the Company Sublimit then in effectBorrowing Base, if applicable, calculated as of the date of the most recently delivered Borrowing Base Certificate. Within the limits of each Lender’s Commitment, and subject to the other terms and conditions hereof, the Borrowers Borrower may borrow under this Section 2.01, prepay under Section 2.052.04, and reborrow under this Section 2.01. Committed Loans may be Base Rate Loans or Eurocurrency Rate Loans, as further provided herein; provided that any Borrowings made on the Closing Date or any of the three (3) Business Days following the Closing Date shall be made as Base Rate Loans unless the applicable Borrower delivers a funding indemnity letter in form and substance reasonably acceptable to the Administrative Agent not less than three Business Days prior to the date of such Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Kellwood Co)

Committed Loans. Subject The Borrower may, upon notice to the terms Administrative Agent, at any time or from time to time (A) voluntarily prepay Base Rate Committed Loans in whole or in part without premium or penalty and conditions set forth herein(B) subject to Section 3.05, each Lender voluntarily prepay Eurodollar Rate Loans in whole or in part without premium or penalty; provided that (1) such notice must be received by the Administrative Agent not later than 11:00 a.m. (I) three Business Days prior to any date of prepayment of Eurodollar Rate Loans and (II) on the date of prepayment of Base Rate Committed Loans, (2) any prepayment of Eurodollar Rate Loans shall be in a principal amount of $1,000,000 or a whole multiple of $1,000,000 in excess thereof (or, if less, the entire principal amount thereof then outstanding), (3) any prepayment of Base Rate Committed Loans shall be in a principal amount of $500,000 or a whole multiple of $100,000 in excess thereof (or, if less, the entire principal amount thereof then outstanding) and (4) any prepayment of the Tranche B Term Loans shall be applied in the case manner directed by the Borrower (provided that notwithstanding anything to the contrary contained herein, until the latest of (i) the date on which the Borrower’s ability to draw any HCOM Incremental Term Facility shall have been reduced to zero and (ii) if any HCOM Incremental Term Facility is established, the HCOM Facility Closing Date, all prepayments of the Tranche B Term Loans made under pursuant to this Section 2.05(a)(i) shall not be applied to any Principal Amortization Payment occurring prior to the Maturity Date of the Tranche B Term Loans, but instead shall be applied entirely to the Principal Amortization Payment due on the Maturity Date of the Tranche B Term Loans); provided, further, that in connection with any Repricing Transaction that is consummated in respect of all or any portion of the Tranche B Term Loans during the period from the Closing Date to and including the date that is 180 days after the earliest to occur of (w) the HCOM Closing Date, (x) the deposit of the net cash proceeds of the HCOM Incremental Term Facility into escrow as contemplated by Section 2.17(f), (y) the issuance of senior unsecured notes of the Borrower or any subsidiary of the Borrower to fund the HCOM Acquisition (or the deposit of the net cash proceeds thereof into escrow) and (z) the termination of the HCOM Merger Agreement in accordance with the terms thereof without the closing of the HCOM Acquisition, the Borrower shall pay to the Tranche B Term Lenders a Designated Borrower Sublimit, fee equal to 1% of the aggregate principal amount of the Tranche B Term Loans prepaid or repriced in connection with such Repricing Transaction. Each such notice shall specify the date and amount of such prepayment and the Type(s) of Committed Loans to be prepaid. The Administrative Agent will promptly notify each Designated Lender with respect to such Designated Borrower Sublimit) severally agrees to make loans (of its receipt of each such loannotice, a “Committed Loan”) to 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 and of the amount of such Lender’s Commitment; providedApplicable Percentage of such prepayment. If such notice is given by the Borrower, however, that after giving effect to any Committed Borrowing, (i) the Total Outstandings shall not exceed the Aggregate Commitments, (ii) the Credit Exposure of any Lender shall not exceed such Lender’s Commitment, (iii) the aggregate Outstanding Amount of all Committed Loans made to the Company and any Designated Borrower under the Designated Borrower Sublimit applicable to such Designated Borrower shall not exceed make such Designated Borrower Sublimit, prepayment and (iv) the aggregate Outstanding Amount of all Loans payment amount specified in such notice shall be due and L/C Obligations made to payable on the Company under the Company Sublimit shall not exceed the Company Sublimit then in effect. Within the limits of each Lender’s Commitment, and subject to the other terms and conditions hereof, the Borrowers may borrow under this Section 2.01, prepay under Section 2.05, and reborrow under this Section 2.01. Committed Loans may be Base Rate Loans or Eurocurrency Rate Loans, as further provided hereindate specified therein; provided that any Borrowings made if a notice of prepayment is given in connection with a conditional notice of termination of the Revolving Commitments as contemplated by Section 2.06(c), then such notice of prepayment may be revoked if such notice of termination is revoked in accordance with Section 2.06. Any prepayment of a Eurodollar Rate Loan shall be accompanied by all accrued interest on the Closing Date or amount prepaid, together with any additional amounts required pursuant to Section 3.05. Subject to Section 2.15, each such prepayment shall be applied to the Committed Loans of the three (3) Business Days following the Closing Date shall be made as Base Rate Loans unless the applicable Borrower delivers a funding indemnity letter Lenders in form and substance reasonably acceptable to the Administrative Agent not less than three Business Days prior to the date of such Borrowingaccordance with their respective Applicable Percentages.

Appears in 1 contract

Samples: Credit Agreement (Cincinnati Bell Inc)

Committed Loans. Prior to the Closing Date, certain loans were made to the Borrowers under the Existing Credit Agreement which remain outstanding as of the date of this Agreement (such outstanding loans being hereinafter referred to as the “Existing Loans”). Subject to the terms and conditions set forth in this Agreement, each Borrower and each of the Lenders agree that on the Closing Date but subject to the reallocation and other transactions described in Section 1.10, the Existing Loans under the Existing Credit Agreement shall be reevidenced as Loans under this Agreement and the terms of the Existing Loans shall be restated in their entirety and shall be evidenced by this Agreement. In addition, subject to the terms and conditions set forth herein, each Lender (or, in the case of Loans made under a Designated Borrower Sublimit, each Designated Lender with respect to such Designated Borrower Sublimit) severally agrees to make loans (each such loan, a “Committed Loan”) to the Borrowers in Dollars or in one or more Alternative Committed Loan Offshore 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, (ii) the Credit Exposure aggregate Outstanding Amount of the Committed Loans of any Lender Lender, plus such Lender’s Applicable Percentage of the aggregate Outstanding Amount of all L/C Obligations, plus such Lender’s Applicable Percentage of the aggregate Outstanding Amount of all Swing Line Loans, shall not exceed such Lender’s Commitment, (iii) the aggregate Outstanding Amount of all Committed Loans made to the Company and any Designated Borrower under the Designated Borrower Sublimit applicable to such Designated Borrower Swing Line Loans outstanding in Offshore Currencies (other than euro) shall not exceed such Designated Borrower Sublimit, the Offshore Currency Committed Loan and Swing Line Loan Sublimit and (iv) the aggregate Outstanding Amount of all Committed Loans and Swing Line Loans and L/C Obligations made to the Company under the Company Sublimit issued or outstanding in Offshore Currencies (other than euro) shall not exceed the Company Sublimit then in effectOffshore Currency Committed Loan, Swing Line Loan and Letter of Credit Sublimit. Within the limits of each Lender’s Commitment, and subject to the other terms and conditions hereof, the Borrowers may borrow under this Section 2.01, prepay under Section 2.052.06, and reborrow under this Section 2.01. Committed Loans may be Base Rate Loans or Eurocurrency Offshore Rate Loans, as further provided herein; provided that . The initial borrowing from any Borrowings made on Lender to a Borrower organized under the Closing Date or any laws of the three Netherlands shall at all times exceed €100,000 (3) Business Days following the Closing Date shall be made as Base Rate Loans unless the applicable Borrower delivers a funding indemnity letter or its equivalent in form and substance reasonably acceptable to the Administrative Agent not less than three Business Days prior to the date of such Borrowinganother currency).

Appears in 1 contract

Samples: Credit Agreement (Stryker Corp)

Committed Loans. Subject to the terms and conditions set forth herein, each Lender (or, in the case of Loans made under a Designated Borrower Sublimit, each Designated Lender with respect to such Designated Borrower Sublimit) severally agrees to make loans (each such loan, a “Committed Loan”) to the Borrowers in Dollars or in one or more Alternative Currencies 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 Credit Exposure aggregate Outstanding Amount of the Committed Loans of any Lender Lender, plus such Lender’s Applicable Percentage of the Outstanding Amount of all L/C Obligations shall not exceed such Lender’s Commitment, (iii) the aggregate Outstanding Amount of all Committed Loans made to the Company and any Designated Borrower under the Designated Borrower Sublimit applicable to such Designated Borrower shall not exceed such Designated Borrower Sublimit, and (iv) the aggregate Outstanding Amount of all Loans and L/C Obligations made to the Company under the Company Sublimit shall not exceed the Company Sublimit then in effect. Within the limits of each Lender’s Commitment, and subject to the other terms and conditions hereof, the Borrowers Borrower may borrow under this Section 2.01, prepay under Section 2.05, and reborrow under this Section 2.01. Committed Loans may be Base Rate Loans, Floating Rate Loans or Eurocurrency Eurodollar Rate Loans, as further provided herein. Provided there exists no Default, upon notice to the Administrative Agent (which shall promptly notify the Lenders), the Borrower may from time to time, request an increase in the Aggregate Commitments by an amount (for all such requests) not exceeding $20,000,000; provided that (i) any Borrowings made such request for an increase shall be in a minimum amount of $5,000,000, and (ii) the Borrower may make a maximum of four such requests (the “Additional Commitments”). At the time of sending such notice, the Borrower (in consultation with the Administrative Agent) shall specify the time period within which each Lender is requested to respond (which shall in no event be less than fifteen Business Days from the date of delivery of such notice to the Lenders). The Additional Commitments must be on terms and conditions acceptable to the Closing Date Borrower, the Administrative Agent and the Lenders. Each Lender shall notify the Administrative Agent within such time period whether or any not it agrees to increase its Commitment and, if so, whether by an amount equal to, greater than, or less than its Applicable Percentage of such requested increase. Any Lender not responding within such time period shall be deemed to have declined to increase its Commitment. The Administrative Agent shall notify the Borrower and each Lender of the three (3) Business Days following the Closing Date Lenders’ responses to each request made hereunder. No Lender shall be made obligated to provide Additional Commitments unless it so agrees. To achieve the full amount of a requested increase (if the Lenders were unwilling to do so) and subject to the consent of the Administrative Agent and the L/C Issuer (which consents shall not be unreasonably withheld or delayed) with respect to any such additional invitee that is not an Affiliate of a Lender, the Borrower may also invite additional Eligible Assignees (provided they are also a Bank, as Base Rate Loans unless defined below) to become Lenders (the applicable Borrower delivers “Additional Lender”) pursuant to a funding indemnity letter joinder or amendment agreement in form and substance reasonably acceptable satisfactory to the Administrative Agent not less than three Business Days prior to and its counsel. If the Aggregate Commitments are increased in accordance with this Section, the Administrative Agent and the Borrower shall determine the effective date (the “Increase Effective Date”) and the final allocation of such Borrowing.increase. The Administrative Agent shall promptly notify the Borrower and the Lenders of the final allocation of such increase and the Increase Effective Date. The Additional Commitment shall become a Commitment under this Agreement pursuant to an amendment (an “Additional Loan Amendment”) to this Agreement and, as appropriate, the other Loan Documents,

Appears in 1 contract

Samples: Fourth Amendment Agreement (Unitil Corp)

Committed Loans. (a) Subject to the terms and conditions set forth herein, each US A-1 Lender (or, in the case of Loans made under a Designated Borrower Sublimit, each Designated Lender with respect to such Designated Borrower Sublimit) severally agrees to make loans (each such loan, a “Committed LoanLoan A-1”) to the Borrowers US 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 US A-1 Lender’s US A-1 Commitment; provided, however, that after giving effect to any Committed BorrowingBorrowing A-1, (i) the US A-1 Total Outstandings shall not exceed the Aggregate Commitments, Commitments A-1 and (ii) the Credit Exposure of any Lender shall not exceed such Lender’s Commitment, (iii) the aggregate Outstanding Amount of all the Committed Loans made to A-1 of any US A-1 Lender, plus such US A-1 Lender’s Applicable Percentage of the Company and any Designated Borrower under Outstanding Amount of all L/C Obligations, plus such US A-1 Lender’s Applicable Percentage of the Designated Borrower Sublimit applicable to such Designated Borrower Outstanding Amount of all Swing Line Loans shall not exceed such Designated Borrower Sublimit, and (iv) the aggregate Outstanding Amount of all Loans and L/C Obligations made to the Company under the Company Sublimit shall not exceed the Company Sublimit then in effectUS A-1 Lender’s US A-1 Commitment. Within the limits of each US A-1 Lender’s US A-1 Commitment, and subject to the other terms and conditions hereof, the Borrowers US Borrower may borrow under this Section 2.01, prepay under Section 2.052.06, and reborrow under this Section 2.01. Committed Loans A-1 may be Base Rate Loans or Eurocurrency Rate Term SOFR Loans, as further provided herein; provided provided, however, that any Borrowings Committed Borrowing A-1 made on the Closing Date or any of the three (3) Business Days following the Closing Third Amendment Effective Date shall be made as Base Rate Loans unless the applicable US Borrower delivers a funding indemnity letter in form and substance reasonably acceptable to the Administrative Agent not less than three two Business Days prior to the date of such BorrowingThird Amendment Effective Date.

Appears in 1 contract

Samples: Credit Agreement (Radius Recycling, Inc.)

Committed Loans. Subject to the terms and conditions set forth herein, each Lender (or, in the case of Loans made under a Designated Borrower Sublimit, each Designated Lender with respect to such Designated Borrower Sublimit) severally agrees to make loans (each such loan, a “Committed Loan”) to the Borrowers Borrower in Dollars or in one or more Alternative Currencies from time to time, on any Business Day during the Availability Period, 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, (ii) the Revolving Credit Exposure of any Lender shall not exceed such Lender’s Commitment, (iii) the aggregate Outstanding Amount of all Committed Loans made to the Company and any Designated Borrower under the Designated Borrower Sublimit applicable to such Designated Borrower Letters of Credit denominated in Alternative Currencies shall not exceed such Designated Borrower Sublimit, the Alternative Currency Sublimit and (iv) the aggregate Outstanding Amount of all Swing Line Loans and (after giving effect to any repayment or prepayment thereof to occur on the date of such requested Committed Loan, including with any portion of the proceeds thereof) plus the aggregate Outstanding Amount at such time of the Committed Loans of the Lender acting as Swing Line Lender (including the requested Committed Loan) plus the aggregate Outstanding Amount of such Lender’s participations in L/C Obligations made to the Company under the Company Sublimit shall not exceed the Company Sublimit then in effectsuch Lender’s Commitment. Within the limits of each Lender’s Commitment, and subject to the other terms and conditions hereof, the Borrowers Borrower may borrow under this Section 2.01, prepay under Section 2.05, and reborrow under this Section 2.01. Committed Loans may be Base Rate Loans or Eurocurrency Rate Loans, as further provided herein; provided that any Borrowings made on the Closing Date or any of the three (3) Business Days following the Closing Date shall be made as Base Rate Loans unless the applicable Borrower delivers a funding indemnity letter in form and substance reasonably acceptable to the Administrative Agent not less than three Business Days prior to the date of such Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Qualcomm Inc/De)

Committed Loans. Subject to the terms and conditions set forth herein, each Lender (or, in the case of Loans made under a Designated Borrower Sublimit, each Designated Lender with respect to such Designated Borrower Sublimit) severally agrees to make loans (each such loan, a “Committed Loan”) to the Borrowers in Dollars or in one or more Alternative Committed Loan Offshore 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, (ii) the Credit Exposure aggregate Outstanding Amount of the Committed Loans of any Lender Lender, plus such Lender’s Applicable Percentage of the aggregate Outstanding Amount of all L/C Obligations, plus such Lender’s Applicable Percentage of the aggregate Outstanding Amount of all Swing Line Loans, shall not exceed such Lender’s Commitment, (iii) the aggregate Outstanding Amount of all Committed Loans made to the Company and any Designated Borrower under the Designated Borrower Sublimit applicable to such Designated Borrower Swing Line Loans outstanding in Offshore Currencies (other than euro) shall not exceed such Designated Borrower Sublimit, the Offshore Currency Committed Loan and Swing Line Loan Sublimit and (iv) the aggregate Outstanding Amount of all Committed Loans and Swing Line Loans and L/C Obligations made to the Company under the Company Sublimit issued or outstanding in Offshore Currencies (other than euro) shall not exceed the Company Sublimit then in effectOffshore Currency Committed Loan, Swing Line Loan and Letter of Credit Sublimit. Within the limits of each Lender’s Commitment, and subject to the other terms and conditions hereof, the Borrowers may borrow under this Section 2.01, prepay under Section 2.052.06, and reborrow under this Section 2.01. Committed Loans may be Base Rate Loans or Eurocurrency Offshore Rate Loans, as further provided herein; provided that any Borrowings made on . Any Loan to a Borrower organized under the Closing Date or any laws of the three (3) Business Days following the Closing Date Netherlands shall at all times be made as Base Rate Loans unless the applicable Borrower delivers provided by a funding indemnity letter in form and substance reasonably acceptable to the Administrative Agent not less than three Business Days prior to the date of such BorrowingLender that is a Non-Public Lender.

Appears in 1 contract

Samples: Credit Agreement (Stryker Corp)

Committed Loans. Subject to the terms and conditions set forth herein, each Lender (or, in the case of Loans made under a Designated Borrower Sublimit, each Designated Lender with respect to such Designated Borrower Sublimit) severally agrees to make loans (each such loan, a “Committed Loan”) to the Borrowers Borrower 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 principal amount that will not to exceed at any time outstanding the amount of such Lender’s Commitment; provided, however, that after giving effect to any Committed Borrowing, result in (ia) the Total Outstandings shall not exceed exceeding the Aggregate Commitments, (iib) the Credit Exposure aggregate Outstanding Amount of the Committed Loans of any Lender, plus such Lender’s Applicable Percentage of the Outstanding Amount of all L/C Obligations, plus such Lender’s Applicable Percentage of the Outstanding Amount of all Swing Line Loans (excluding, in the case of the Swing Line Lender only, its Applicable Percentage of the Outstanding Amount of all Swing Line Loans outstanding at such time as to which the other Lenders shall not exceed have funded their participations), plus, in the case of the Swing Line Lender only, the Outstanding Amount of all Swing Line Loans outstanding at such time as to which the other Lenders shall not have funded their participations, exceeding such Lender’s Commitment, or (iiic) the aggregate Outstanding Amount of all Committed Loans made to the Company and any Designated Borrower under the Designated Borrower Sublimit applicable to such Designated Borrower shall not exceed such Designated Borrower SublimitLoans, and (iv) the aggregate Outstanding Amount of all Bid Loans and all L/C Obligations made to denominated in Alternative Currencies or Discretionary Alternative Currencies exceeding the Company under the Company Sublimit shall not exceed the Company Sublimit then in effectAlternative Currency Sublimit. Within the limits of each Lender’s Commitment, and subject to the other terms and conditions hereof, the Borrowers Borrower may borrow under this Section 2.01, prepay under Section 2.052.06, and reborrow under this Section 2.01. Committed Loans denominated in US Dollars may be Base Rate Loans or Eurocurrency Rate Loans, and Committed Loans denominated in any Alternative Currency may only be Eurocurrency Rate Loans, all as further provided herein; provided that any Borrowings made on the Closing Date or any of the three (3) Business Days following the Closing Date shall be made as Base Rate Loans unless the applicable Borrower delivers a funding indemnity letter in form and substance reasonably acceptable to the Administrative Agent not less than three Business Days prior to the date of such Borrowing.

Appears in 1 contract

Samples: Assignment and Assumption (Warner Chilcott LTD)

Committed Loans. (a) Committed Revolving Loans. Prior to the Closing Date, certain revolving loans were previously made to the Borrower under the Existing Credit Agreement which remain outstanding as of the Closing Date (such outstanding loans being hereinafter referred to as the “Existing Loans”). Subject to the terms and conditions set forth in this Agreement, the parties hereto agree that (x) on the Closing Date, the Existing Loans shall be re-evidenced as Committed Revolving Loans under this Agreement and the terms of the Existing Loans shall be restated in their entirety and shall be evidenced by this Agreement and (y) in connection therewith, the Administrative Agent shall make such reallocations, sales, assignments or other relevant actions in respect of each Revolving Lender’s credit exposure under the Existing Credit Agreement as are necessary in order that each such Lender’s Revolving Credit Exposure hereunder reflects such Lender’s Applicable Percentage of the Total Revolving Outstandings on the Closing Date. In addition, subject to the terms and conditions set forth herein, each Revolving Lender (or, in the case of Loans made under a Designated Borrower Sublimit, each Designated Lender with respect to such Designated Borrower Sublimit) severally agrees to make revolving loans (each such loan, a “Committed Revolving Loan”) to the Borrowers Borrower in Dollars or (subject to the provisions of Section 2.02(f)) in one or more Alternative Currencies from time to time, on any Business Day during the Availability PeriodPeriod for the Revolving Facility, in an aggregate amount not to exceed at any time outstanding the amount of such Revolving Lender’s Revolving Commitment; provided, however, that after giving effect to any Committed Borrowing, (i) the Total Revolving Outstandings shall not exceed the Aggregate Revolving Commitments, (ii) the Credit Exposure aggregate Outstanding Amount of the Committed Revolving Loans of any Revolving Lender (less, with respect only to the Alternative Currency Fronting Lender, the aggregate Alternative Currency Risk Participations in all Committed Revolving Loans denominated in Alternative Currencies), plus, with respect only to the Alternative Currency Participating Lenders, the Outstanding Amount of such Lender’s Alternative Currency Risk Participations in Loans denominated in Alternative Currencies and advanced by the Alternative Currency Fronting Lender, plus such Revolving Lender’s Applicable Percentage of the Outstanding Amount of all L/C Obligations shall not exceed such Revolving Lender’s Revolving Commitment, (iii) the aggregate Outstanding Amount of all Committed Revolving Loans made to the Company and any Designated Borrower under the Designated Borrower Sublimit applicable to such Designated Borrower denominated in Alternative Currencies shall not exceed such Designated Borrower Sublimit, the Alternative Currency Sublimit and (iv) the aggregate Outstanding Amount of all Committed Revolving Loans and L/C Obligations made to the Company under the Company Sublimit denominated in an Alternative Currency fronted by any Alternative Currency Fronting Lender shall not exceed the Company Sublimit then in effect$37,500,000. Within the limits of each Revolving Lender’s Revolving Commitment, and subject to the other terms and conditions hereof, the Borrowers Borrower may borrow under this Section 2.012.01(a), prepay under Section 2.052.06, and reborrow under this Section 2.012.01(a). Committed Revolving Loans may be Base Rate Loans, LIBOR Daily Loans or Eurocurrency Rate Loans, as further provided herein; provided that any Borrowings made on the Closing Date or any of the three (3) Business Days following the Closing Date shall be made as Base Rate Loans unless the applicable Borrower delivers a funding indemnity letter in form and substance reasonably acceptable to the Administrative Agent not less than three Business Days prior to the date of such Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Hcp, Inc.)

Committed Loans. Subject to and in reliance upon the terms terms, conditions, representations, and conditions warranties contained in this Agreement, each Lender, severally, and not jointly, agrees to make Advances in Primary Currencies to EDS and any of the Designated EDS Affiliates, provided that no Lender shall be obligated to make an Advance which, when added to the aggregate principal amount of the outstanding Committed Loans (in the case of Committed Loans denominated in Alternative Currencies, calculated, as of the date of such Advance, by reference to the Dollar Equivalent Value of such Committed Loans) from such Lender outstanding would exceed such Lender's Committed Sum; provided further that, no Lender shall be obligated to make an Advance which, when added to the aggregate outstanding principal amount of all Committed Loans and Bid Rate Loans (calculated, as of the date of such Advance, by reference to the Dollar Equivalent Value of Committed Loans and Bid Rate Loans denominated in currencies other than Dollars) from all Lenders would exceed the Aggregate Committed Sum. Notwithstanding anything to the contrary set forth herein, each any Lender (or, in the case of Loans made under a Designated Borrower Sublimit, each Designated Lender with respect to such Designated Borrower Sublimit) severally agrees to may make loans (each such loan, a “Committed Loan”) to the Borrowers in Dollars or in and have outstanding one or more Alternative Currencies from time to timeBid Rate Loans which, on any Business Day during when aggregated with the Availability Period, in an aggregate outstanding principal 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, (ii) the Credit Exposure of any Lender shall not exceed such Lender’s Commitment, (iii) the aggregate Outstanding Amount of all Committed Loans made to the Company and any Designated Borrower under the Designated Borrower Sublimit applicable to from such Designated Borrower shall not Lender, would exceed such Designated Borrower Sublimit, and (iv) the aggregate Outstanding Amount of all Loans and L/C Obligations made to the Company under the Company Sublimit Lender's Committed Sum. Administrative Agent shall not exceed the Company Sublimit then in effect. Within the limits maintain a record of each Lender’s Commitment's Committed Sum, Percentage, Committed Loans, and subject to the other terms Bid Rate Loans. Each Lender's Commitment shall continue in full force and conditions hereofeffect until and expire on, the Borrowers applicable Commitment Termination Date, and no Lender shall have any obligation to make any Committed Loan thereafter; provided that, each Borrower's Obligation and Lender's Rights under the Loan Documents shall continue in full force and effect until such Borrower's Obligation is paid and performed in full. From and after the Availability Date, through and including the final Commitment Termination Date, EDS and each Designated EDS Affiliate may borrow under this Section 2.01borrow, prepay under Section 2.05repay, and reborrow under this Section 2.01. Committed Loans may be Base and Bid Rate Loans or Eurocurrency Rate Loanshereunder, subject as further provided herein; provided that any Borrowings made on the Closing Date or any of the three (3) Business Days following the Closing Date shall be made as Base respects Bid Rate Loans unless the applicable Borrower delivers a funding indemnity letter in form and substance reasonably acceptable to the Administrative Agent not less than three Business Days prior to the date of such BorrowingSection 2.3.

Appears in 1 contract

Samples: Credit Agreement (Electronic Data Systems Corp /De/)

Committed Loans. Subject to the terms and conditions set forth herein, each Lender (or, in the case of Loans made under a Designated Borrower Sublimit, each Designated Lender with respect to such Designated Borrower Sublimit) severally agrees to make loans (each such loan, a “Committed Loan”) to 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, (ii) the Credit Exposure aggregate Outstanding Amount of the Committed Loans of any Lender Lender, plus such Lender’s Applicable Percentage of the Outstanding Amount of all L/C Obligations, plus such Lender’s Applicable Percentage of the Outstanding Amount of all Swing Line Loans shall not exceed such Lender’s Commitment, Commitment and (iii) the aggregate Outstanding Amount of all Committed Loans made to the Company and any Designated Borrower under the Designated Borrower Sublimit applicable to such Designated Borrower shall not exceed such Designated Borrower Sublimit, and (iv) the aggregate Outstanding Amount Letters of all Loans and L/C Obligations made to the Company under the Company Sublimit Credit denominated in Alternative Currencies shall not exceed the Company Sublimit then in effectAlternative Currency Sublimit. Within the limits of each Lender’s Commitment, and subject to the other terms and conditions hereof, the Borrowers may borrow under this Section 2.01, prepay under Section 2.05, and reborrow under this Section 2.01. Committed Loans may be Base Rate Loans or Eurocurrency Rate Loans, as further provided herein. Notwithstanding anything to the contrary contained herein, any Lender (a “Funding Affiliate Lender”) may at its option elect to fund any loan to any Foreign Subsidiary Borrower through any foreign or domestic branch or Affiliate (a “Funding Affiliate”) of such Funding Affiliate Lender; provided that (x) nothing herein shall constitute a commitment by any Borrowings made on the Closing Date Funding Affiliate to fund any Committed Loan, and (y) if a Funding Affiliate fails to make all or any part of such Committed Loan, the three (3) Business Days following the Closing Date Funding Affiliate Lender shall be made as Base Rate Loans unless obligated to make such Committed Loan pursuant to the applicable Borrower delivers a funding indemnity letter in form and substance reasonably acceptable terms hereof or, if it fails to do so, to make such payment to the Administrative Agent not less than three Business Days prior as is required under Section 2.12(b)(ii). Each party hereto hereby agrees that (a) neither the grant to any Funding Affiliate nor the exercise by any Funding Affiliate of such option shall increase the costs or expenses or otherwise increase or change the obligations of the Borrowers under this Agreement (including its obligations under Section 3.04), (b) no Funding Affiliate shall be liable for any indemnity or similar payment obligation under this Agreement for which a Lender would be liable, and (c) the Funding Affiliate Lender shall for all purposes, including the approval of any amendment, waiver or other modification of any provision of any Loan Document, remain the lender of record hereunder. The making of a Committed Loan by a Funding Affiliate hereunder shall utilize the Commitment of the Funding Affiliate Lender to the date of same extent, and as if, such BorrowingCommitted Loan were made by such Funding Affiliate Lender.

Appears in 1 contract

Samples: Credit Agreement (Stericycle Inc)

Committed Loans. Subject to the terms and conditions set forth herein, each Lender (or, in the case of Loans made under a Designated Borrower Sublimit, each Designated Lender with respect to such Designated Borrower Sublimit) severally agrees to make loans (each such loan, a “Committed Loan”) to the Borrowers 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, (ii) the Revolving Credit Exposure of any Lender shall not exceed such Lender’s Commitment, (iii) the aggregate Outstanding Amount of all Committed Loans made to the Company and any Designated Borrower under the Designated Borrower Sublimit applicable to such Designated Borrower Letters of Credit denominated in Alternative Currencies shall not exceed such Designated Borrower Sublimit, the Alternative Currency Sublimit and (iv) the aggregate Outstanding Amount of all Swing Line Loans and (after giving effect to any repayment or prepayment thereof to occur on the date of such requested Committed Loan, including with any portion of the proceeds thereof) plus the aggregate Outstanding Amount at such time of the Committed Loans of the Lender acting as Swing Line Lender (including the requested Committed Loan) plus the aggregate Outstanding Amount of such Lender’s participations in L/C Obligations made to the Company under the Company Sublimit shall not exceed the Company Sublimit then in effectsuch Lender’s Commitment. Within the limits of each Lender’s Commitment, and subject to the other terms and conditions hereof, the Borrowers Borrower may borrow under this Section 2.01, prepay under Section 2.05, and reborrow under this Section 2.01. Committed Loans may be Base Rate Loans or Eurocurrency Rate Loans, as further provided herein; provided that any Borrowings made on the Closing Date or any of the three (3) Business Days following the Closing Date shall be made as Base Rate Loans unless the applicable Borrower delivers a funding indemnity letter in form and substance reasonably acceptable to the Administrative Agent not less than three Business Days prior to the date of such Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Qualcomm Inc/De)

Committed Loans. Subject to the terms and conditions set forth herein, each Lender (or, in the case of Loans made under a Designated Borrower Sublimit, each Designated Lender with respect to such Designated Borrower Sublimit) severally agrees to make loans (each such loan, a “Committed Loan”) to 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, and (ii) the Credit Exposure aggregate Outstanding Amount of the Committed Loans of any Lender Lender, plus such Lender’s Applicable Percentage of the Outstanding Amount of all L/C Obligations shall not exceed such Lender’s Commitment, (iii) the aggregate Outstanding Amount of all Committed Loans made to the Company and any Designated Borrower under the Designated Borrower Sublimit applicable to such Designated Borrower Borrowers shall not exceed such the Designated Borrower Sublimit, and (iv) the aggregate Outstanding Amount of all Committed Loans and L/C Obligations made to the Company under the Company Sublimit denominated in Alternative Currencies shall not exceed the Company Alternative Currency Sublimit then in effectand (v) the aggregate Outstanding Amount of all Committed Loans made to the Canadian Borrowers shall not exceed the Canadian Borrowers Sublimit. Within the limits of each Lender’s Commitment, and subject to the other terms and conditions hereof, the Borrowers may borrow under this Section 2.01, prepay under Section 2.05, and reborrow under this Section 2.01. Committed Loans may be Base Rate Loans or Eurocurrency Rate Loans, as further provided herein; . Each Lender at its option may make any Eurocurrency Loan by causing any domestic of foreign branch or Affiliate of such Lender to make such Loan, provided that any Borrowings made on the Closing Date or any exercise of such right shall not affect the obligation of the three (3) Business Days following Borrowers to repay such Loan in accordance with the Closing Date shall be made as Base Rate Loans unless the applicable Borrower delivers a funding indemnity letter in form and substance reasonably acceptable to the Administrative Agent not less than three Business Days prior to the date terms of such Borrowingthis Agreement.

Appears in 1 contract

Samples: Credit Agreement (American Eagle Outfitters Inc)

Committed Loans. (a) Subject to the terms and conditions set forth herein, each Facility A Lender (or, in the case of Loans made under a Designated Borrower Sublimit, each Designated Lender with respect to such Designated Borrower Sublimit) severally agrees to make loans (each such loan, a "Facility A Committed Loan") to the Borrowers in Dollars or in one or more Alternative Currencies 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 Facility A Lender’s 's Facility A Commitment; provided, however, that after giving effect to any Facility A Committed Borrowing, (i) the Total Outstandings aggregate Outstanding Amount of all Facility A Committed Loans plus the aggregate Outstanding Amount of all L/C Obligations plus the aggregate Outstanding Amount of all Swing Line Loans shall not exceed the Facility A Aggregate Commitments, and (ii) the Credit Exposure of any Lender shall not exceed such Lender’s Commitment, (iii) the aggregate Outstanding Amount of all the Facility A Committed Loans made to of any Facility A Lender plus such Facility A Lender's Pro Rata Share of the Company and any Designated Borrower under Outstanding Amount of all L/C Obligations, plus such Facility A Lender's Pro Rata Share of the Designated Borrower Sublimit applicable to such Designated Borrower Outstanding Amount of all Swing Line Loans shall not exceed such Designated Borrower Sublimit, and (iv) the aggregate Outstanding Amount of all Loans and L/C Obligations made to the Company under the Company Sublimit shall not exceed the Company Sublimit then in effectFacility A Lender's Facility A Commitment. Within the limits of each Facility A Lender’s 's Facility A Commitment, and subject to the other terms and conditions hereof, the Borrowers Borrower may borrow under this Section 2.012.01(a), prepay under Section 2.05, and reborrow under this Section 2.012.01(a). Facility A Committed Loans may be Base Rate Loans or Eurocurrency Eurodollar Rate Loans, as further provided herein; provided that any Borrowings made on the Closing Date or any of the three (3) Business Days following the Closing Date shall be made as Base Rate Loans unless the applicable Borrower delivers a funding indemnity letter in form and substance reasonably acceptable to the Administrative Agent not less than three Business Days prior to the date of such Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Ferrellgas Partners Finance Corp)

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Committed Loans. (a) Subject to the terms and conditions set forth herein, each Tranche 1 Lender (or, in the case of Loans made under a Designated Borrower Sublimit, each Designated Lender with respect to such Designated Borrower Sublimit) severally agrees to make loans (each such loan, a “Committed Tranche 1 Loan”) to the Borrowers Company, and to any other Borrower designated to receive Tranche 1 Loans hereunder, 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 Tranche 1 Lender’s Tranche 1 Commitment; provided, however, that after giving effect to any Committed Tranche 1 Borrowing, (i) the Total Tranche 1 Outstandings shall not exceed the Aggregate Commitments, Tranche 1 Commitments and (ii) the Revolving Credit Exposure of any Tranche 1 Lender shall not exceed such Tranche 1 Lender’s Tranche 1 Commitment, ; and provided further that (iiii) the aggregate Outstanding Amount availability of all Committed the Aggregate Tranche 1 Commitments at any time for the making of any Tranche 1 Loans made to and the Company and any Designated Borrower under issuance of Letters of Credit shall be reduced by the Designated Borrower Sublimit amount of the Alternative Currency Reserve (if any) applicable to such Designated Borrower shall not exceed such Designated Borrower SublimitTranche 1, and (ivii) in determining the availability of the Aggregate Tranche 1 Commitments hereunder with respect to any Escalating Credits issued or outstanding hereunder, the Aggregate Tranche 1 Commitments will be deemed to be utilized in respect of such Escalating Credits in the aggregate Outstanding Amount of all Loans and L/C Obligations made amount equal to the Company maximum aggregate amount available to be drawn under the Company Sublimit shall not exceed the Company Sublimit then in effectall such Escalating Credits (after giving effect to all increases). Within the limits of each Tranche 1 Lender’s Tranche 1 Commitment, and subject to the other terms and conditions hereof, the Borrowers may borrow under this Section 2.01, prepay under Section 2.05, and reborrow under this Section 2.01. Committed Tranche 1 Loans may be Base Rate Loans or Eurocurrency Rate Loans, as further provided herein; provided that any Borrowings made on the Closing Date or any of the three (3) Business Days following the Closing Date shall be made as Base Rate Loans unless the applicable Borrower delivers a funding indemnity letter in form and substance reasonably acceptable to the Administrative Agent not less than three Business Days prior to the date of such Borrowing.

Appears in 1 contract

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

Committed Loans. Subject to the terms and conditions set forth herein, each Lender (or, in the case of Loans made under a Designated Borrower Sublimit, each Designated Lender with respect to such Designated Borrower Sublimit) severally agrees to make loans (each such loan, a “Committed Loan”) to the Borrowers in Dollars or in one or more Alternative Currencies from time to time, on any Business Day during the Availability 69635641 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, (ii) the Credit Exposure aggregate Outstanding Amount of the Committed Loans of any Lender Lender, plus such Lender’s Applicable Percentage of the Outstanding Amount of all L/C Obligations, plus such Lender’s Applicable Percentage of the Outstanding Amount of all Swing Line Loans shall not exceed such Lender’s Commitment, Commitment and (iii) the aggregate Outstanding Amount of all Committed Loans made to the Company and any Designated Borrower under the Designated Borrower Sublimit applicable to such Designated Borrower shall not exceed such Designated Borrower Sublimit, and (iv) the aggregate Outstanding Amount Letters of all Loans and L/C Obligations made to the Company under the Company Sublimit Credit denominated in Alternative Currencies shall not exceed the Company Sublimit then in effectAlternative Currency Sublimit. Within the limits of each Lender’s Commitment, and subject to the other terms and conditions hereof, the Borrowers may borrow under this Section 2.01, prepay under Section 2.05, and reborrow under this Section 2.01. Committed Loans may be Base Rate Loans or Eurocurrency Rate Loans, as further provided herein. Notwithstanding anything to the contrary contained herein, any Lender (a “Funding Affiliate Lender”) may at its option elect to fund any loan to any Foreign Subsidiary Borrower through any foreign or domestic branch or Affiliate (a “Funding Affiliate”) of such Funding Affiliate Lender; provided that (x) nothing herein shall constitute a commitment by any Borrowings made on the Closing Date Funding Affiliate to fund any Committed Loan, and (y) if a Funding Affiliate fails to make all or any part of such Committed Loan, the three (3) Business Days following the Closing Date Funding Affiliate Lender shall be made as Base Rate Loans unless obligated to make such Committed Loan pursuant to the applicable Borrower delivers a funding indemnity letter in form and substance reasonably acceptable terms hereof or, if it fails to do so, to make such payment to the Administrative Agent not less than three Business Days prior as is required under Section 2.12(b)(ii). Each party hereto hereby agrees that (a) neither the grant to any Funding Affiliate nor the exercise by any Funding Affiliate of such option shall increase the costs or expenses or otherwise increase or change the obligations of the Borrowers under this Agreement (including its obligations under Section 3.04), (b) no Funding Affiliate shall be liable for any indemnity or similar payment obligation under this Agreement for which a Lender would be liable, and (c) the Funding Affiliate Lender shall for all purposes, including the approval of any amendment, waiver or other modification of any provision of any Loan Document, remain the lender of record hereunder. The making of a Committed Loan by a Funding Affiliate hereunder shall utilize the Commitment of the Funding Affiliate Lender to the date of same extent, and as if, such BorrowingCommitted Loan were made by such Funding Affiliate Lender.

Appears in 1 contract

Samples: Credit Agreement (Stericycle Inc)

Committed Loans. (a) Subject to the terms and conditions set forth herein, each Lender (or, in the case of Loans made under a Designated Borrower Sublimit, each Designated Lender with respect to such Designated Borrower Sublimit) severally agrees to make loans (each such loan, a "Committed Loan") to 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, (ii) the Credit Exposure aggregate Outstanding Amount of the Committed Loans of any Lender Lender, plus such Lender's Applicable Percentage of the Outstanding Amount of all L/C – BA Obligations, plus such Lender'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 the Company and any Designated Borrower under the Designated Borrower Sublimit applicable to such Designated Borrower denominated in Alternative Currencies shall not exceed such Designated Borrower Sublimit, the Alternative Currency Sublimit and (iv) the sum of the aggregate Outstanding Amount of all Committed Loans made to Foreign Borrowers and the aggregate Outstanding Amount of L/C – BA Obligations made to of the Company under the Company Sublimit Foreign Borrowers shall not exceed the Company Sublimit then in effectForeign Borrower Sublimit. Within the limits of each Lender’s 's Commitment, and subject to the other terms and conditions hereof, the Borrowers may borrow under this Section 2.01, prepay under Section 2.05, and reborrow under this Section 2.01. Committed Loans may be Base Rate Loans or Eurocurrency Rate Loans, as further provided herein; provided that any Borrowings made on the Closing Date or any of the three (3) Business Days following the Closing Date shall be made as Base Rate Loans unless the applicable Borrower delivers a funding indemnity letter in form and substance reasonably acceptable to the Administrative Agent not less than three Business Days prior to the date of such Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Columbus McKinnon Corp)

Committed Loans. Subject to the terms and conditions set forth herein, each Lender (or, in the case of Loans made under a Designated Borrower Sublimit, each Designated Lender with respect to such Designated Borrower Sublimit) severally agrees to make loans (each such loan, a “Committed Loan”) to 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, (ii) the Credit Exposure aggregate Outstanding Amount of the Committed Loans of any Lender Lender, plus such Lender’s Applicable Percentage of the Outstanding Amount of all L/C Obligations, plus such Lender’s Applicable Percentage of the Outstanding Amount of all Swing Line Loans shall not exceed such Lender’s Commitment, Commitment and (iii) the aggregate Outstanding Amount of all Committed Loans made denominated in Alternative Currencies (other than Euro and Sterling, either of which shall be available in an amount up to the Company and any Designated Borrower under the Designated Borrower Sublimit applicable to such Designated Borrower shall not exceed such Designated Borrower Sublimit, and (ivunused Aggregate Commitments) the aggregate Outstanding Amount of all Loans and L/C Obligations made to the Company under the Company Sublimit shall not exceed the Company Sublimit then in effectAlternative Currency Sublimit. Within the limits of each Lender’s Commitment, and subject to the other terms and conditions hereof, the Borrowers may borrow under this Section 2.01, prepay under Section 2.05, and reborrow under this Section 2.01. Committed Loans may be Base Rate Loans, Term SOFR Loans, SOFR Daily Floating Rate Loans, Alternative Currency Daily Rate Loans or Eurocurrency Alternative Currency Term Rate Loans, as further provided herein; provided that any Borrowings made on the Closing Date or any of the three (3) Business Days following the Closing Date shall be made as Base Rate Loans unless the applicable Borrower delivers a funding indemnity letter in form and substance reasonably acceptable to the Administrative Agent not less than three Business Days prior to the date of such Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Avnet Inc)

Committed Loans. Subject to the terms and conditions set forth herein, each Lender (or, in the case of Loans made under a Designated Borrower Sublimit, each Designated Lender with respect to such Designated Borrower Sublimit) severally agrees to make loans (each such loan, a “Committed Loan”) to the Borrowers Borrower 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, (ii) the Credit Exposure aggregate Outstanding Amount of the Committed Loans of any Lender shall Lender, plus such Lender’s Applicable Percentage of the Outstanding Amount of all L/C Obligations, plus such Lender’s Applicable Percentage of the Outstanding Amount of all Swing Line Loans will not exceed such Lender’s Commitment, and (iii) the aggregate Outstanding Amount of all Committed Loans made to the Company and any Designated Borrower under the Designated Borrower Sublimit applicable to such Designated Borrower shall not exceed such Designated Borrower SublimitLoans, and (iv) the aggregate Outstanding Amount of all Bid Loans and L/C Obligations made to the Company under the Company Sublimit shall all Letters of Credit denominated in Alternative Currencies will not exceed the Company Sublimit then in effectAlternative Currency Sublimit. For the avoidance of doubt, Loans outstanding under the Original Credit Agreement immediately prior to the Closing Date shall continue as Loans under this Agreement upon the effectiveness of this Agreement. Within the limits of each Lender’s Commitment, and subject to the other terms and conditions hereof, the Borrowers Borrower may borrow under this Section 2.01, prepay under Section 2.052.06, and reborrow under this Section 2.01. Committed Loans may be Base Rate Loans or Eurocurrency Rate Loans, as further provided herein; provided that any Borrowings made on the Closing Date or any of the three (3) Business Days following the Closing Date shall be made as Base Rate Loans unless the applicable Borrower delivers a funding indemnity letter in form and substance reasonably acceptable to the Administrative Agent not less than three Business Days prior to the date of such Borrowing.

Appears in 1 contract

Samples: Actavis Revolving Credit and Guaranty Agreement (Actavis, Inc.)

Committed Loans. Subject to the terms and conditions set forth herein, each Lender (or, in the case of Loans made under a Designated Borrower Sublimit, each Designated Lender with respect to such Designated Borrower Sublimit) severally agrees to make loans (each such loan, a “Committed Loan”) to the Borrowers Borrower in Dollars or in one or more Alternative Currencies from time to time, on any Business Day (a) during the Availability PeriodPeriod and (b) with respect to the 2020 Lenders only, prior to the 2020 Commitments Maturity Date, in an aggregate amount (x) in accordance with its Applicable Percentage and (y) 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, (ii) the Revolving Credit Exposure of any Lender shall not exceed such Lender’s Commitment, (iii) the aggregate Outstanding Amount of all Committed Loans made to the Company and any Designated Borrower under the Designated Borrower Sublimit applicable to such Designated Borrower Letters of Credit denominated in Alternative Currencies shall not exceed such Designated Borrower Sublimit, the Alternative Currency Sublimit and (iv) the aggregate Outstanding Amount of all Swing Line Loans and (after giving effect to any repayment or prepayment thereof to occur on the date of such requested Committed Loan, including with any portion of the proceeds thereof) plus the aggregate Outstanding Amount at such time of the Committed Loans of the Lender acting as Swing Line Lender (including the requested Committed Loan) plus the aggregate Outstanding Amount of such Lender’s participations in L/C Obligations made to the Company under the Company Sublimit shall not exceed the Company Sublimit then in effectsuch Lender’s Commitment. Within the limits of each Lender’s Commitment, and subject to the other terms and conditions hereof, the Borrowers Borrower may borrow under this Section 2.01, prepay under Section 2.05, and reborrow under this Section 2.01. Committed Loans may be Base Rate Loans or Eurocurrency Rate Loans, as further provided herein; provided that any Borrowings made on the Closing Date or any of the three (3) Business Days following the Closing Date shall be made as Base Rate Loans unless the applicable Borrower delivers a funding indemnity letter in form and substance reasonably acceptable to the Administrative Agent not less than three Business Days prior to the date of such Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Qualcomm Inc/De)

Committed Loans. Subject to the terms and conditions set forth herein, each Lender (or, in the case of Loans made under a Designated Borrower Sublimit, each Designated Lender with respect to such Designated Borrower Sublimit) severally agrees to make loans (each such loan, a “Committed Loan”) to 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, (ii) the Credit Exposure aggregate Outstanding Amount of the Committed Loans of any Lender Lender, plus such Lender’s Applicable Percentage of the Outstanding Amount of all L/C Obligations, plus such Lender’s Applicable Percentage of the Outstanding Amount of all Swing Line Loans shall not exceed such Lender’s Commitment, Commitment and (iii) the aggregate Outstanding Amount of all Committed Loans made to the Company and any Designated Borrower under the Designated Borrower Sublimit applicable to such Designated Borrower shall not exceed such Designated Borrower Sublimit, and (iv) denominated in an Alternative Currency plus the aggregate Outstanding Amount of all Loans and L/C Obligations made to the Company under the Company Sublimit denominated in an Alternative Currency shall not exceed the Company Sublimit then in effectAlternative Currency Sublimit. Within the limits of each Lender’s Commitment, and subject to the other terms and conditions hereof, the Borrowers may borrow under this Section 2.01, prepay under Section 2.05, and reborrow under this Section 2.01. Committed Loans may be Base Rate Loans or Eurocurrency Rate Loans, as further provided herein; provided that any Borrowings . All Committed Loans made on the Closing Date or any of the three (3) Business Days following the Closing Date shall be made as Base Rate Loans unless the applicable Borrower delivers a funding indemnity letter in form and substance reasonably acceptable to the Administrative Agent not less than three Business Days prior to the date of such BorrowingLoans.

Appears in 1 contract

Samples: Credit Agreement (Amphenol Corp /De/)

Committed Loans. Subject to the terms and conditions set forth herein, each Lender (or, in the case of Loans made under a Designated Borrower Sublimit, each Designated Lender with respect to such Designated Borrower Sublimit) severally agrees to make loans (each such loan, a “Committed Loan”) to 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, (ii) the Credit Exposure aggregate Outstanding Amount of the Committed Loans of any Lender Lender, plus such Lender’s Applicable Percentage of the Outstanding Amount of all L/C Obligations, plus such Lender’s 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 made to the Company and any Designated Borrower under the Designated Borrower Sublimit applicable to such Designated Borrower denominated in Alternative Currencies shall not exceed such Designated Borrower the Alternative Currency Sublimit, and (iv) the aggregate Outstanding Amount of all Committed Loans and L/C Obligations made to the Company under the Company Sublimit Designated Borrowers shall not exceed the Company Sublimit then in effectDesignated Borrower Sublimit. Within the limits of each Lender’s Commitment, and subject to the other terms and conditions hereof, the Borrowers may borrow under this Section 2.01, prepay under Section 2.052.06, and reborrow under this Section 2.01. Committed Loans may be Base Rate Loans or Eurocurrency Rate Loans, as further provided herein; provided that any Borrowings made on the Closing Date or any of the three (3) Business Days following the Closing Date shall be made as Base Rate Loans unless the applicable Borrower delivers a funding indemnity letter in form and substance reasonably acceptable to the Administrative Agent not less than three Business Days prior to the date of such Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Idex Corp /De/)

Committed Loans. Subject to the terms and conditions set forth herein, each Lender (or, in the case of Loans made under a Designated Borrower Sublimit, each Designated Lender with respect to such Designated Borrower Sublimit) severally agrees to make loans (each such loan, a “Committed Loan”) to the Borrowers in Dollars or in one or more 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 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 shall not exceed the Aggregate Commitments, (ii) the Credit Exposure of any Lender shall not exceed such Lender’s Commitment, (iii) the aggregate Outstanding Amount of all Committed Loans made to the Company and any Designated Borrower under the Designated Borrower Sublimit applicable to such Designated Borrower shall not exceed such Designated Borrower Sublimit, and (iv) the aggregate Outstanding Amount of all Loans and L/C Obligations made to the Company under the Company Sublimit shall not exceed the Company Sublimit then Aggregate Commitments, and (ii) the aggregate Outstanding Amount of the Committed Loans of any Lender, plus such Lender’s Applicable Percentage of the Outstanding Amount of all L/C Obligations, plus such Lender’s Applicable Percentage of the Outstanding Amount of all Swing Line Loans, plus such Lender’s Applicable Percentage of the Outstanding Amount of all Foreign 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 effectAlternative 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 Borrowers may borrow under this Section 2.012.1, prepay under Section 2.052.6, and reborrow under this Section 2.012.1. Committed Loans may be Base Rate Loans or Eurocurrency Rate Loans, as further provided herein; provided that any Borrowings made on the Closing Date or any of the three (3) Business Days following the Closing Date shall be made as Base Rate Loans unless the applicable Borrower delivers a funding indemnity letter in form and substance reasonably acceptable to the Administrative Agent not less than three Business Days prior to the date of such Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Andrew Corp)

Committed Loans. Subject to the terms and conditions set forth herein, each Lender (or, in the case of Loans made under a Designated Borrower Sublimit, each Designated Lender with respect to such Designated Borrower Sublimit) severally agrees to make loans (each such loan, a “Committed Loan”) to the Borrowers in Dollars or in one or more Alternative Currencies Borrower from time to time, on any Business Day during the Availability Period, in an aggregate amount not to exceed exceed, at any time outstanding time, the lesser of (a) the amount of such Lender’s Commitment, and (b) such Lender’s Applicable Percentage of the Borrowing Base; provided, however, that after giving effect to any Committed Borrowing, (i) the Total Outstandings shall not exceed the Aggregate CommitmentsBorrowing Base, and (ii) the Credit Exposure aggregate Outstanding Amount of the Committed Loans of any Lender Lender, plus such Lender’s Applicable Percentage of the Outstanding Amount of all L/C Obligations, plus such Lender’s Applicable Percentage of the Outstanding Amount of all Swing Line Loans, plus such Lender’s Applicable Percentage of the Outstanding Amount of all Overadvance Loans, plus such Lender’s Applicable Percentage of the Outstanding Amount of all Protective Advances, shall not exceed such Lender’s Commitment, (iii) Applicable Percentage of the aggregate Outstanding Amount of all Committed Loans made to the Company and any Designated Borrower under the Designated Borrower Sublimit applicable to such Designated Borrower shall not exceed such Designated Borrower Sublimit, and (iv) the aggregate Outstanding Amount of all Loans and L/C Obligations made to the Company under the Company Sublimit shall not exceed the Company Sublimit then in effectBorrowing Base. Within the limits of each Lender’s Commitment, and subject to the other terms and conditions hereof, the Borrowers Borrower may borrow under this Section 2.01‎2.01, prepay and repay under Section 2.05‎2.05 and Section ‎2.07, and reborrow under this Section 2.01‎2.01. Committed Loans may be Base Rate Loans or Eurocurrency Eurodollar Rate Loans, as further provided herein; provided that any Borrowings made on the Closing Date or any of the three (3) Business Days following the Closing Date . Committed Loans shall be made as Base Rate Loans unless by the applicable Borrower delivers a funding indemnity letter Lenders in form and substance reasonably acceptable to the Administrative Agent not less than three Business Days prior to the date of such Borrowingaccordance with each Lender’s Applicable Percentage.

Appears in 1 contract

Samples: Revolving Credit Agreement (Western Refining, Inc.)

Committed Loans. Subject to the terms and conditions set forth herein, each Lender (or, in the case of Loans made under a Designated Borrower Sublimit, each Designated Lender with respect to such Designated Borrower Sublimit) severally agrees to make loans (each such loan, a “Committed Loan”) to the Borrowers Borrower 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, (ii) the Credit Exposure aggregate Outstanding Amount of the Committed Loans of any Lender shall Lender, plus such Lender’s Applicable Percentage of the Outstanding Amount of all L/C Obligations, plus such Lender’s Applicable Percentage of the Outstanding Amount of all Swing Line Loans will not exceed such Lender’s Commitment, and (iii) the aggregate Outstanding Amount of all Committed Loans made to the Company and any Designated Borrower under the Designated Borrower Sublimit applicable to such Designated Borrower shall not exceed such Designated Borrower SublimitLoans, and (iv) the aggregate Outstanding Amount of all Bid Loans and L/C Obligations made to the Company under the Company Sublimit shall all Letters of Credit denominated in Alternative Currencies will not exceed the Company Sublimit then in effectAlternative Currency Sublimit. For the avoidance of doubt, Loans outstanding under the Existing Credit Agreement immediately prior to the Second Restatement Effective Date shall continue as Loans under this Agreement upon the effectiveness of this Agreement. Within the limits of each Lender’s Commitment, and subject to the other terms and conditions hereof, the Borrowers Borrower may borrow under this Section 2.01, prepay under Section 2.052.06, and reborrow under this Section 2.01. Committed Loans may be Base Rate Loans or Eurocurrency Rate Loans, as further provided herein; provided that any Borrowings made on the Closing Date or any of the three (3) Business Days following the Closing Date shall be made as Base Rate Loans unless the applicable Borrower delivers a funding indemnity letter in form and substance reasonably acceptable to the Administrative Agent not less than three Business Days prior to the date of such Borrowing.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Actavis PLC)

Committed Loans. Subject to the terms and conditions set forth herein, each Lender (or, in the case of Loans made under a Designated Borrower Sublimit, each Designated Lender with respect to such Designated Borrower Sublimit) severally agrees to make loans (each such loan, a “Committed Loan”) to the Borrowers 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, Commitments and (ii) the Revolving Credit Exposure of any Lender shall not exceed such Lender’s Commitment, (iii) the aggregate Outstanding Amount of all Committed Loans made to the Company and any Designated Borrower under the Designated Borrower Sublimit applicable to such Designated Borrower shall not exceed such Designated Borrower Sublimit, and (iv) the aggregate Outstanding Amount of all Loans and L/C Obligations made to the Company under the Company Sublimit shall not exceed the Company Sublimit then in effect. Within the limits of each Lender’s Commitment, and subject to the other terms and conditions hereof, the Borrowers Borrower may borrow under this Section 2.01, prepay under Section 2.05, 2.03 or Section 2.05 and reborrow under this Section 2.012.01 or Section 2.05. Committed Loans may be Base Rate Loans or Eurocurrency Rate Loans, as further provided herein; provided that any Borrowings made . The Lenders’ total Commitments shall be allocated between a Class A Loan Commitment and a Class A-1 Loan Commitment as set forth on Schedule 2.01. On the Closing Class A Loan Maturity Date, the Class A Loan Commitment shall expire and be reduced to zero. The Class A Loan Maturity Date or any may be extended upon request of the three (3) Business Days following Borrower, subject to the Closing Date shall prior written consent of 100% of the Class A Lenders in their sole discretion. Such request must be made as Base Rate Loans unless the applicable Borrower delivers a funding indemnity letter in form and substance reasonably acceptable to the Administrative Agent not less no later than three 10 Business Days prior to the then current Class A Loan Maturity Date in a form of extension request specified in Schedule 1. The Class A Lenders shall give written notice to the Administrative Agent of any agreement to extend the Class A Loan Maturity Date, and the date of such extended Class A Loan Maturity Date, at least 5 Business Days prior to the then current Class A Loan Maturity Date. 2.02 Borrowings, Conversions and Continuations of Committed Loans. Each Committed Borrowing., each conversion of Committed Loans from one Type to the other (other than the conversion of Eurocurrency Loans to Base Rate Loans at the end of the applicable Interest Period), and each continuation of Eurocurrency Rate Loans shall be made upon the Company’s irrevocable notice to the Administrative Agent and Collateral Administrator, which may be given in writing, including via email. Each such notice must be received by the Administrative Agent not 23

Appears in 1 contract

Samples: Credit Agreement (Barings BDC, Inc.)

Committed Loans. Subject to the terms and conditions set forth herein, each Lender (or, in the case of Loans made under a Designated Borrower Sublimit, each Designated Lender with respect to such Designated Borrower Sublimit) severally agrees to make loans to the Borrower (i) on the Closing Date in an amount equal to each Lender’s pro rata share of $200,000,000 (any such loanloans, a the Initial Committed LoanLoans”) to the Borrowers in Dollars or in one or more Alternative Currencies and (ii) from time to time, on any Business Day following the Closing Date during the Availability Period, in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s CommitmentCommitment (any such loans, the “Additional Committed Loans” and, together with the Initial Committed Loans, the “Committed Loans”); provided, however, that after giving effect to any Committed Borrowing, (i) the Total Outstandings shall not exceed the lesser of (a) the Maximum Facility Amount and (b) the Aggregate Commitments, Commitments and (ii) the Credit Exposure aggregate Outstanding Amount of the Committed Loans of any Lender shall not exceed such Lender’s CommitmentCommitment (it being understood that notwithstanding any original issue or other discount that reduces the amount funded on the date of any Committed Borrowing of Committed Loans, (iii) all calculations hereunder with respect to such Committed Loans, including the aggregate Outstanding Amount accrual of all interest and the repayment or prepayment of principal, shall be based on 100% of the stated principal amount thereof. Amounts repaid or prepaid in respect of Committed Loans made to the Company and any Designated Borrower under the Designated Borrower Sublimit applicable to such Designated Borrower shall may not exceed such Designated Borrower Sublimit, and (iv) the aggregate Outstanding Amount of all Loans and L/C Obligations made to the Company under the Company Sublimit shall not exceed the Company Sublimit then in effect. Within the limits of each Lender’s Commitment, and subject to the other terms and conditions hereof, the Borrowers may borrow under this Section 2.01, prepay under Section 2.05, and reborrow under this Section 2.01be re-borrowed. Committed Loans may be Base Rate Committed Loans or Eurocurrency Eurodollar Rate Committed Loans, as further provided herein; provided that any Borrowings made on the Closing Date or any of the three (3) Business Days following the Closing Date . Additional Committed Loans shall be made as Base Rate Loans unless the applicable Borrower delivers a funding indemnity letter in form and substance reasonably acceptable to the Administrative Agent not less than three Business Days prior to the date minimum increments of such Borrowing$5,000,000.

Appears in 1 contract

Samples: Credit Agreement (Tetra Technologies Inc)

Committed Loans. Subject to the terms and conditions set forth herein, each Lender (or, in the case of Loans made under a Designated Borrower Sublimit, each Designated Lender with respect to such Designated Borrower Sublimit) severally agrees to make loans (each such loan, a “Committed Loan”) to 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 Credit Exposure aggregate Outstanding Amount of the Committed Loans of any Lender Lender, plus such Lender’s Applicable Percentage of the Outstanding Amount of all L/C Obligations, plus such Lender’s 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. Each Lender may, (iii) the aggregate Outstanding Amount of all at its option, make any Committed Loans made Loan available to the Company and any Designated Borrower under that is a Foreign Subsidiary 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 Designated Borrower Sublimit applicable to obligation of such Designated Borrower shall not exceed to repay such Designated Borrower Sublimit, and (iv) Loan in accordance with the aggregate Outstanding Amount terms of all Loans and L/C Obligations made to the Company under the Company Sublimit shall not exceed the Company Sublimit then in effectthis Agreement. Within the limits of each Lender’s Commitment, and subject to the other terms and conditions hereof, the Borrowers may borrow under this Section 2.01, prepay under Section 2.05, and reborrow under this Section 2.01. Committed Loans may be Base Rate Loans or Eurocurrency Rate Loans, as further provided herein; provided that any Borrowings . All Committed Loans made on the Closing Date or any of the three (3) Business Days following the Closing Date shall be made as Base Rate Loans unless the applicable Borrower delivers a funding indemnity letter in form and substance reasonably acceptable to the Administrative Agent not less than three Business Days prior to the date of such BorrowingLoans.

Appears in 1 contract

Samples: Credit Agreement (Cabot Corp)

Committed Loans. (a) Term A-1 Borrowings. Subject to the terms and conditions set forth herein, each Term A-1 Lender (or, in the case of Loans made under a Designated Borrower Sublimit, each Designated Lender with respect to such Designated Borrower Sublimit) severally agrees to make term loans (each such loan, a “Committed Term A-1 Loan”) to the Borrowers Borrower in Dollars or in one or more Alternative Currencies from time to time, on any Business Day during the Availability PeriodPeriod for the Term A-1 Facility, in an aggregate amount not to exceed at any time outstanding the amount of such Term A-1 Lender’s CommitmentApplicable Percentage of the Term A-1 Facility; providedprovided that, however, that after giving effect to there shall be no more than five (5) separate Borrowing Dates on which any Committed Borrowing, (i) the Total Outstandings shall not exceed the Aggregate Commitments, (ii) the Credit Exposure of any Lender shall not exceed such Lender’s Commitment, (iii) the aggregate Outstanding Amount of all Committed Term Loans made pursuant to Section 2.01(a) and/or Section 2.01(b) during the Company and any Designated Borrower under Availability Period. Each Term A-1 Borrowing shall consist of Term A-1 Loans made simultaneously by the Designated Borrower Sublimit applicable to such Designated Borrower shall not exceed such Designated Borrower Sublimit, and (iv) Term A-1 Lenders in accordance with their respective Applicable Percentage of the aggregate Outstanding Amount of all Loans and L/C Obligations made to the Company under the Company Sublimit shall not exceed the Company Sublimit then in effectTerm A-1 Facility. Within the limits of each Lender’s Commitment, and subject to the other terms and conditions hereof, the Borrowers may borrow Amounts borrowed under this Section 2.01, prepay under Section 2.05, 2.01(a) and reborrow under this Section 2.01repaid or prepaid may not be reborrowed. Committed Term A-1 Loans may be Base Rate Loans or Eurocurrency Rate Term SOFR Loans, as further provided herein. (b) Term A-2 Borrowings. Subject to the terms and conditions set forth herein, each Term A-2 Lender severally agrees to make term loans (each such loan, a “Committed Term A-2 Loan”) to the Borrower in Dollars from time to time, on any Business Day during the Availability Period for the Term A-2 Facility, in an aggregate amount not to exceed such Term A-2 Lender’s Applicable Percentage of the Term A-2 Facility; provided that that, there shall be no more than five (5) separate Borrowing Dates on which any Borrowings Term Loans made on pursuant to Section 2.01(a) and/or Section 2.01(b) during the Closing Date or any Availability Period. Each Term A-2 Borrowing shall consist of Term A-2 Loans made simultaneously by the Term A-2 Lenders in accordance with their respective Applicable Percentage of the three (3Term A-2 Facility. Amounts borrowed under this Section 2.01(b) Business Days following the Closing Date shall and repaid or prepaid may not be made as reborrowed. Term A-2 Loans may be Base Rate Loans unless the applicable Borrower delivers a funding indemnity letter in form and substance reasonably acceptable or Term SOFR Loans, as further provided herein. (c) Term A-3 Borrowings. Subject to the Administrative Agent not less than three Business Days prior terms and conditions set forth herein, each Term A-3 Lender severally agrees to make term loans (each such loan, a “Committed Term A-3 Loan”) to the date Borrower in Dollars on the Second Amendment Effective Date. Each Term A-3 Borrowing shall consist of such Borrowing.Term A-3 Loans made simultaneously by the Term A-3 Lenders in accordance with their respective Applicable Percentage of the Term A-3 Facility. Amounts borrowed under this Section 2.01(c) and repaid or prepaid may not be reborrowed. Term A-3 Loans may be Base Rate Loans, Term SOFR Loans or Daily SOFR Loans, as further provided herein. 2.02

Appears in 1 contract

Samples: Term Loan Agreement (Healthpeak Properties, Inc.)

Committed Loans. Subject to the terms and conditions set forth herein, each Lender (or, in the case of Loans made under a Designated Borrower Sublimit, each Designated Lender with respect to such Designated Borrower Sublimit) severally agrees to make loans (each such loan, a Committed LoanLoan ”) to the Borrowers each Borrower in Dollars or in one or more Alternative Currencies from time to time, on any Business Day during the Availability Period, Period in an aggregate amount for all the Borrowers not to exceed at any time outstanding the amount of such Lender’s Commitment; providedprovided , howeverhowever , that after giving effect to any Committed Borrowing, (i) the Total Outstandings shall not exceed the Aggregate Commitments, (ii) the Credit Exposure aggregate Outstanding Amount of the Committed Loans of any Lender Lender, plus such Lender’s Applicable Percentage of the Outstanding Amount of all L/C Obligations, plus such Lender’s 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 made to the Company and any Designated Borrower under the Designated Borrower Sublimit applicable to such Designated Borrower HIL shall not exceed such Designated Borrower Sublimit, the HIL Sublimit and (iv) the aggregate Outstanding Amount of all Committed Loans and L/C Obligations made to the Company under the Company Sublimit denominated in Alternative Currencies shall not exceed the Company Sublimit then in effectAlternative Currency Sublimit. Within the limits of each Lender’s Commitment, and subject to the other terms and conditions hereof, the Borrowers each Borrower may borrow under this Section 2.012.01 , prepay under Section 2.052.05 , and reborrow under this Section 2.012.01 . Committed Loans may be Base Rate Loans, Eurocurrency Rate Loans or Eurocurrency Peso Rate Loans, as further provided herein; provided that any Borrowings made on the Closing Date or any of the three (3) Business Days following the Closing Date . The Loans to each Borrower shall be made as Base Rate Loans unless the applicable sole and several liability of that Borrower delivers a funding indemnity letter in form and substance reasonably acceptable to the Administrative Agent other Borrowers shall not less than three Business Days prior to the date of be co-obligors or have any joint liability for such BorrowingLoans.

Appears in 1 contract

Samples: Credit Agreement (Herbalife Ltd.)

Committed Loans. Subject to Each Lender having a Commitment hereunder severally agrees, on the terms and subject to the conditions hereinafter set forth hereinforth, each Lender (or, in the case of Loans made under a Designated Borrower Sublimit, each Designated Lender with respect to such Designated Borrower Sublimit) severally agrees to make loans one or more Committed Loans to the Company in Dollars or any Offshore Currency from time to time on any Business Day during the period commencing on the Closing Date and ending on the Business Day next preceding the Termination Date (each such loan, a “Committed Loan”) to 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 Equivalent Amount in Dollars at any time outstanding the amount of which does not exceed such Lender’s Commitment; provided, however, that after giving effect to any Borrowing of Committed BorrowingLoans, (i) the Total Outstandings Effective Amount of all Committed Loans, L/C Obligations and Bid Loans shall not at any time exceed the Aggregate Commitments, and (ii) the Credit Exposure after giving effect to any Borrowing of any Lender shall not exceed such Lender’s CommitmentOffshore Currency Loans, (iii) the aggregate Outstanding principal Equivalent Amount in Dollars of all Committed outstanding Offshore Currency Loans made to the Company and any Designated Borrower under the Designated Borrower Sublimit applicable to such Designated Borrower shall not exceed such Designated Borrower Sublimit, and (iv) the aggregate Outstanding Amount of all Loans and L/C Obligations made to the Company under the Company Sublimit shall not exceed the Company Sublimit then in effectOffshore Currency Loan Sublimit. Within the limits of each Lender’s Commitment, and subject to the other terms and conditions hereof, the Borrowers Company may borrow Committed Loans under this Section 2.01, prepay such Loans under Section 2.05, 2.08 and reborrow under this Section 2.01. On the Committed Conversion Date, each Lender’s share of the Committed Conversion Amount, which share shall be determined based on such Lender’s Commitment Percentage (expressed in the Applicable Currency) thereof in effect on the Seventh Amendment Effective Date, shall be automatically converted into a term loan (each a “Term Loan” and, collectively, the “Term Loans”) and each such Term Loan shall be deemed made by such Lender severally to the Company for purposes of this Agreement. After giving immediate effect to such conversion, the amount of the Term Loan of each Lender shall be as set forth in Schedule 2.01. The Term Loans are not revolving and any amount repaid or prepaid in respect thereof may not be reborrowed. Any Term Loan that is an Offshore Rate Loan bearing interest at the Offshore Rate shall be denominated in Dollars. Any Committed Loans may outstanding not converted into Term Loans shall continue to be Base Rate Loans or Eurocurrency Rate Committed Loans, as further provided herein; provided that any Borrowings made on the Closing Date or any of the three (3) Business Days following the Closing Date shall be made as Base Rate Loans unless the applicable Borrower delivers a funding indemnity letter in form and substance reasonably acceptable to the Administrative Agent not less than three Business Days prior to the date of such Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Georgia Pacific Corp)

Committed Loans. Subject to the terms and conditions set forth herein, each Lender (or, in the case of Loans made under a Designated Borrower Sublimit, each Designated Lender with respect to such Designated Borrower Sublimit) severally agrees to make loans (each such loan, a “Committed Loan”) to the Borrowers each Borrower in Dollars or in one or more Alternative Currencies from time to time, on any Business Day during the Availability Period, Period in an aggregate amount for all the Borrowers 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, (ii) the Credit Exposure aggregate Outstanding Amount of the Committed Loans of any Lender Lender, plus such Lender’s Applicable Percentage of the Outstanding Amount of all L/C Obligations, plus such Lender’s 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 made to the Company and any Designated Borrower under the Designated Borrower Sublimit applicable to such Designated Borrower HIL shall not exceed such Designated Borrower Sublimit, the HIL Sublimit and (iv) the aggregate Outstanding Amount of all Committed Loans and L/C Obligations made to the Company under the Company Sublimit denominated in Alternative Currencies shall not exceed the Company Sublimit then in effectAlternative Currency Sublimit. Within the limits of each Lender’s Commitment, and subject to the other terms and conditions hereof, the Borrowers each Borrower may borrow under this Section 2.01, prepay under Section 2.05, and reborrow under this Section 2.01. Committed Loans may be Base Rate Loans, Eurocurrency Rate Loans or Eurocurrency Peso Rate Loans, as further provided herein; provided that any Borrowings made on the Closing Date or any of the three (3) Business Days following the Closing Date . The Loans to each Borrower shall be made as Base Rate Loans unless the applicable sole and several liability of that Borrower delivers a funding indemnity letter in form and substance reasonably acceptable to the Administrative Agent other Borrowers shall not less than three Business Days prior to the date of be co-obligors or have any joint liability for such BorrowingLoans.

Appears in 1 contract

Samples: Credit Agreement (Herbalife Ltd.)

Committed Loans. Subject to the terms and conditions set forth herein, each Lender (or, in the case of Loans made under a Designated Borrower Sublimit, each Designated Lender with respect to such Designated Borrower Sublimit) severally agrees to make loans to the Borrower (i) on the Closing Date in an amount equal to each Lender’s pro rata share of $190,000,000 (any such loanloans, a the Initial Committed LoanLoans”) to the Borrowers in Dollars or in one or more Alternative Currencies and (ii) from time to time, on any Business Day following the Closing Date during the Availability Period, in an aggregate amount not to exceed at any time outstanding the amount of such LenderXxxxxx’s CommitmentAdditional Commitment (any such loans, the “Additional Committed Loans” and, together with the Initial Committed Loans, the “Committed Loans”); provided, however, that after giving effect to any Committed Borrowing, (i) the Total Outstandings shall not exceed the lesser of (a) the Maximum Facility Amount and (b) the Aggregate Commitments, Commitments and (ii) the Credit Exposure aggregate Outstanding Amount of the Committed Loans of any Lender shall not exceed such LenderXxxxxx’s CommitmentCommitment (it being understood that notwithstanding any original issue or other discount that reduces the amount funded on the date of any Committed Borrowing of Committed Loans, (iii) all calculations hereunder with respect to such Committed Loans, including the aggregate Outstanding Amount accrual of all interest and the repayment or prepayment of principal, shall be based on 100% of the stated principal amount thereof). Amounts repaid or prepaid in respect of Committed Loans made to the Company and any Designated Borrower under the Designated Borrower Sublimit applicable to such Designated Borrower shall may not exceed such Designated Borrower Sublimit, and (iv) the aggregate Outstanding Amount of all Loans and L/C Obligations made to the Company under the Company Sublimit shall not exceed the Company Sublimit then in effect. Within the limits of each Lender’s Commitment, and subject to the other terms and conditions hereof, the Borrowers may borrow under this Section 2.01, prepay under Section 2.05, and reborrow under this Section 2.01be re-borrowed. Committed Loans may be Base Rate Committed Loans or Eurocurrency SOFR Rate Committed Loans, as further provided herein; provided that any Borrowings made on the Closing Date or any of the three (3) Business Days following the Closing Date . Additional Committed Loans shall be made as Base Rate Loans unless the applicable Borrower delivers a funding indemnity letter in form and substance reasonably acceptable to the Administrative Agent not less than three Business Days prior to the date minimum increments of such Borrowing$10,000,000.

Appears in 1 contract

Samples: Credit Agreement (Tetra Technologies Inc)

Committed Loans. Subject to the terms and conditions set forth herein, each Lender (or, in the case of Loans made under a Designated Borrower Sublimit, each Designated Lender with respect to such Designated Borrower Sublimit) severally agrees to make loans (each such loan, a “Committed Loan”) in Agreed Currencies to the Borrowers in Dollars Borrower or in one or more Alternative Currencies 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 Dollar Amount of the Total Outstandings of the Lenders shall not exceed the Aggregate Commitments, and (iiy) the Credit Exposure Dollar Amount of the Outstanding Amount of any Lender shall not exceed such Lender’s Commitment, (iii) the aggregate Outstanding Amount of all Committed Loans made to the Company and any Designated Borrower under the Designated Borrower Sublimit applicable to such Designated Borrower shall not exceed such Designated Borrower Sublimit, and (iv) the aggregate Outstanding Amount of all Loans and L/C Obligations made to the Company under the Company Sublimit shall not exceed the Company Sublimit then in effect. Within the limits of each Lender’s Commitment, and subject to the other terms and conditions hereof, the Borrowers Borrower or a Designated Borrower may borrow under this Section 2.01, prepay under Section 2.052.03, and reborrow under this Section 2.01. Committed Loans may be Base Rate 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 Borrowings made on Committed Loan available to the Closing Date 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 three (3) Business Days following Borrower or such Designated Borrower to repay such Committed Loan in accordance with the Closing Date terms and subject to the conditions of this Agreement, and such Affiliate shall be made treated as Base Rate Loans unless the applicable Borrower delivers a funding indemnity letter in form and substance reasonably acceptable to the Administrative Agent not less than three Business Days prior to the date Lender for purposes of such Borrowingthis Agreement.

Appears in 1 contract

Samples: Credit and Guarantee Agreement (PayPal Holdings, Inc.)

Committed Loans. Subject to the terms and conditions set forth herein, each Lender (or, in the case of Loans made under a Designated Borrower Sublimit, each Designated Lender with respect to such Designated Borrower Sublimit) severally agrees to make loans to the Borrower (i) on the Closing Date in an amount equal to each Lender’s pro rata share of $200,000,000 (any such loanloans, a the Initial Committed LoanLoans”) to the Borrowers in Dollars or in one or more Alternative Currencies and (ii) from time to time, on any Business Day following the Closing Date during the Availability Period, in an aggregate amount not to exceed at any time outstanding the amount of such LenderXxxxxx’s CommitmentCommitment (any such loans, the “Additional Committed Loans” and, together with the Initial Committed Loans, the “Committed Loans”); provided, however, that after giving effect to any Committed Borrowing, (i) the Total Outstandings shall not exceed the lesser of (a) the Maximum Facility Amount and (b) the Aggregate Commitments, Commitments and (ii) the Credit Exposure aggregate Outstanding Amount of the Committed Loans of any Lender shall not exceed such LenderXxxxxx’s CommitmentCommitment (it being understood that notwithstanding any original issue or other discount that reduces the amount funded on the date of any Committed Borrowing of Committed Loans, (iii) all calculations hereunder with respect to such Committed Loans, including the aggregate Outstanding Amount accrual of all interest and the repayment or prepayment of principal, shall be based on 100% of the stated principal amount thereof. Amounts repaid or prepaid in respect of Committed Loans made to the Company and any Designated Borrower under the Designated Borrower Sublimit applicable to such Designated Borrower shall may not exceed such Designated Borrower Sublimit, and (iv) the aggregate Outstanding Amount of all Loans and L/C Obligations made to the Company under the Company Sublimit shall not exceed the Company Sublimit then in effect. Within the limits of each Lender’s Commitment, and subject to the other terms and conditions hereof, the Borrowers may borrow under this Section 2.01, prepay under Section 2.05, and reborrow under this Section 2.01be re-borrowed. Committed Loans may be Base Rate Committed Loans or Eurocurrency EurodollarSOFR Rate Committed Loans, as further provided herein; provided that any Borrowings made on the Closing Date or any of the three (3) Business Days following the Closing Date . Additional Committed Loans shall be made as Base Rate Loans unless the applicable Borrower delivers a funding indemnity letter in form and substance reasonably acceptable to the Administrative Agent not less than three Business Days prior to the date minimum increments of such Borrowing$5,000,000.

Appears in 1 contract

Samples: Credit Agreement (Tetra Technologies Inc)

Committed Loans. Subject to the terms and conditions set forth herein, each Lender (or, in the case of Loans made under a Designated Borrower Sublimit, each Designated Lender with respect to such Designated Borrower Sublimit) severally agrees to make loans (each such loan, a “Committed Loan”) to 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, provided that after giving effect to any Committed Borrowing, (i) the Total Outstandings shall not exceed the Aggregate Commitments, (ii) the Credit Exposure Outstanding Amount of the Committed Loans of any Lender Lender, plus such Lender’s Applicable Percentage of the Outstanding Amount of all L/C Obligations, plus such Lender’s 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 made to all Foreign Borrowers plus the Company Outstanding Amount of all Foreign Swing Line Loans shall not exceed the Maximum Foreign Borrower Sublimit and any Designated (iv) with respect to each individual Foreign Borrower, the Outstanding Amount of all Committed Loans made to such Foreign Borrower under plus the Designated Outstanding Amount of all Foreign Swing Line Loans made to such Foreign Borrower shall not exceed the Foreign Borrower Sublimit applicable to such Designated Borrower shall not exceed such Designated Borrower Sublimit, and (iv) the aggregate Outstanding Amount of all Loans and L/C Obligations made to the Company under the Company Sublimit shall not exceed the Company Sublimit then in effectForeign Borrower. Within the limits of each Lender’s Commitment, and subject to the other terms and conditions hereof, the Borrowers may borrow under this Section 2.01, prepay under Section 2.05, and reborrow under this Section 2.01. Committed Loans may be Base Rate Loans or Eurocurrency Rate Loans, as further provided herein; provided that any Borrowings made on the Closing Date or any of the three (3) Business Days following the Closing Date each Committed Loan denominated in an Alternative Currency shall be made as Base a Eurocurrency Rate Loans unless the applicable Borrower delivers a funding indemnity letter in form and substance reasonably acceptable to the Administrative Agent not less than three Business Days prior to the date of such BorrowingLoan.

Appears in 1 contract

Samples: Credit Agreement (Mohawk Industries Inc)

Committed Loans. Subject to the terms and conditions set forth herein, each Lender (or, in the case of Loans made under a Designated Borrower Sublimit, each Designated Lender with respect to such Designated Borrower Sublimit) severally agrees to make loans (each such loan, a “Committed Loan”) to 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, (ii) the Credit Exposure aggregate Outstanding Amount of the Committed Loans of any Lender Lender, plus such Lender’s Applicable Percentage of the Outstanding Amount of all L/C Obligations, plus such Lender’s Applicable Percentage of the Outstanding Amount of all Swingline Loans shall not exceed such Lender’s Commitment, Commitment and (iii) the aggregate Outstanding Amount of all Committed Loans made to the Company and any Designated Borrower under the Designated Borrower Sublimit applicable to such Designated Borrower shall not exceed such Designated Borrower Sublimit, and (iv) denominated in an Alternative Currency plus the aggregate Outstanding Amount of all Loans and L/C Obligations made to the Company under the Company Sublimit denominated in an Alternative Currency shall not exceed the Company Sublimit then Alternative Currency Sublimit. Each Lender may, at its option, make any Committed Loan available to any Designated Borrower that is a Foreign Subsidiary 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 such Designated Borrower to repay such Committed Loan in effectaccordance with the terms of this Agreement. Each Lender may, at its option, make any Committed Loan denominated in an Alternative Currency available 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 such Designated Borrower to repay such Committed Loan in accordance with the terms of this Agreement. Within the limits of each Lender’s Commitment, and subject to the other terms and conditions hereof, the Borrowers may borrow under this Section 2.01, prepay under Section 2.05, and reborrow under this Section 2.01. Committed Loans may be Base Rate Loans or Eurocurrency Rate Loans, as further provided herein; provided that any Borrowings . All Committed Loans made on the Closing Date or any of the three (3) Business Days following the Closing Date shall be made as Base Rate Loans unless the applicable Borrower delivers a funding indemnity letter in form and substance reasonably acceptable Loans. Notwithstanding anything herein to the Administrative Agent not less than three Business Days prior contrary, Base Rate Committed Loans shall be (i) denominated in Dollars and (ii) available solely to the date of such BorrowingCompany and each other Borrower that is a Domestic Subsidiary.

Appears in 1 contract

Samples: Credit Agreement (Amphenol Corp /De/)

Committed Loans. Subject to the terms and conditions set forth herein, each Lender (or, in the case of Loans made under a Designated Borrower Sublimit, each Designated Lender with respect to such Designated Borrower Sublimit) severally agrees to make loans (each such loan, a “Committed Loan”) to 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, (ii) the Credit Exposure aggregate Outstanding Amount of the Committed Loans of any Lender Lender, plus such Lender’s Applicable Percentage of the Outstanding Amount of all L/C Obligations, plus such Lender’s 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 made to the Company and any Designated Borrower under the Designated Borrower Sublimit applicable to such Designated Borrower Foreign Obligors shall not exceed such Designated Borrower the Foreign Obligor Sublimit, and (iv) the aggregate Outstanding Amount of all Committed Loans and L/C Obligations made to the Company under the Company Sublimit denominated in Alternative Currencies shall not exceed the Company Sublimit then Alternative Currency Sublimit; and provided further, however, that the initial Committed Borrowing hereunder shall be in effectDollars. Within the limits of each Lender’s Commitment, and subject to the other terms and conditions hereof, the Borrowers may borrow under this Section 2.01, prepay under Section 2.052.06, and reborrow under this Section 2.01. Committed Loans may be Base Rate Loans or Eurocurrency Rate Loans, as further provided herein; provided that any Borrowings made on the Closing Date or any of the three (3) Business Days following the Closing Date shall be made as Base Rate Loans unless the applicable Borrower delivers a funding indemnity letter in form and substance reasonably acceptable to the Administrative Agent not less than three Business Days prior to the date of such Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Verisign Inc/Ca)

Committed Loans. Subject to the terms and conditions set forth herein, each Lender (or, in the case of Loans made under a Designated Borrower Sublimit, each Designated Lender with respect to such Designated Borrower Sublimit) severally agrees to make loans (each such loan, a “Committed Loan”) to the Borrowers in Dollars or in one or more Alternative Currencies 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 Credit Exposure aggregate Outstanding Amount of the Committed Loans of any Lender Lender, plus such Lender’s Applicable Percentage of the Outstanding Amount of all L/C Obligations, plus such Lender’s Applicable Percentage of the Outstanding Amount of all Swing Line Loans shall not exceed such Lender’s Commitment; provided, further, that during the period from the Closing Date to the Merger Effective Date, the Aggregate Commitments hereunder shall be deemed to be reduced by an amount equal to the aggregate amount of outstanding commercial paper issued by the Borrower multiplied by the fraction in which the numerator is the Aggregate Commitments hereunder and the denominator is the sum of (iiix) the aggregate Outstanding Amount of all Committed Loans made to the Company and any Designated Borrower under the Designated Borrower Sublimit applicable to such Designated Borrower shall not exceed such Designated Borrower Sublimit, Aggregate Commitments hereunder and (ivy) the aggregate Outstanding Amount of all Loans and L/C Obligations made to “Aggregate Commitments” as defined in the Company under the Company Sublimit shall not exceed the Company Sublimit then in effect364-Day Credit Agreement. Within the limits of each Lender’s Commitment, and subject to the other terms and conditions hereof, the Borrowers Borrower may borrow under this Section 2.01, prepay under Section 2.052.06, and reborrow under this Section 2.01. At the option of the Borrower, Committed Loans may be Base Rate Loans or Eurocurrency Eurodollar Rate Loans, as further provided herein; provided that any Borrowings made on the Closing Date or any of the three (3) Business Days following the Closing Date shall be made as Base Rate Loans unless the applicable Borrower delivers a funding indemnity letter in form and substance reasonably acceptable to the Administrative Agent not less than three Business Days prior to the date of such Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Anthem Inc)

Committed Loans. Subject to the terms and conditions set forth herein, each Lender (or, in the case of Loans made under a Designated Borrower Sublimit, each Designated Lender with respect to such Designated Borrower Sublimit) severally agrees to make loans (each such loan, a “Committed Loan”) to 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, (ii) the Credit Exposure of any Lender shall not exceed such Lender’s Commitment, (iii) the aggregate Outstanding Amount of all Committed Loans made to the Company and any Designated Borrower under the Designated Borrower Sublimit applicable to such Designated Borrower shall not exceed such Designated Borrower Sublimit, and (iv) the aggregate Outstanding Amount of all Loans and L/C Obligations made to the Company under the Company Sublimit shall not exceed the Company Sublimit then in effect. Within the limits of each Lender’s Commitment, and subject to the other terms and conditions hereof, the Borrowers may borrow under this Section 2.01, prepay under Section 2.05, and reborrow under this Section 2.01. Committed Loans may be Base Rate Loans, Term SOFR Loans, Alternative Currency Daily Rate Loans or Eurocurrency Alternative Currency Term Rate Loans, as further provided herein; provided that any Borrowings made on the Closing Date or any of the three (3) Business Days following the Closing Date shall be made as Base Rate Loans unless the applicable Borrower delivers a funding indemnity letter in form and substance reasonably acceptable to the Administrative Agent not less than three Business Days prior to the date of such Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Thermo Fisher Scientific Inc.)

Committed Loans. Subject to the terms and conditions set forth herein, each Lender (or, in the case of Loans made under a Designated Borrower Sublimit, each Designated Lender with respect to such Designated Borrower Sublimit) severally agrees to make loans (each such loan, a “Committed Loan”) in Agreed Currencies and other Foreign Currencies to the Borrowers in Dollars or in one or more Alternative Currencies 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 Dollar Equivalent of the Total Outstandings of the Lenders shall not exceed the Aggregate Commitments, (iiy) the Credit Exposure Dollar Equivalent of the Outstanding Amount of any Lender shall not exceed such Lender’s Commitment, Commitment and (iiiz) the aggregate Outstanding Amount Dollar Equivalent of all Committed Loans made to the Company and any Designated Borrower under Total Outstandings of the Designated Borrower Sublimit applicable to such Designated Borrower shall not exceed such Designated Borrower Sublimit, and (iv) the aggregate Outstanding Amount of all Loans and L/C Obligations made to the Company under the Company Sublimit Lenders borrowed in Specified Foreign Currencies shall not exceed the Company Sublimit then in effectSpecified Foreign Currency Sublimit. Within the limits of each Lender’s Commitment, and subject to the other terms and conditions hereof, the Borrowers Borrower may borrow under this Section 2.01, prepay under Section 2.052.03, and reborrow under this Section 2.01. Committed Loans may be Base Rate 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 Borrowings made on Committed Loan available to the Closing Date 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 three (3) Business Days following Borrower to repay such Committed Loan in accordance with the Closing Date terms and subject to the conditions of this Agreement, and such Affiliate shall be made treated as Base Rate Loans unless the applicable Borrower delivers a funding indemnity letter in form and substance reasonably acceptable to the Administrative Agent not less than three Business Days prior to the date Lender for purposes of such Borrowingthis Agreement.

Appears in 1 contract

Samples: Credit and Guarantee Agreement (Airbnb, Inc.)

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