Common use of Committed Loans Clause in Contracts

Committed Loans. (a) Subject to the terms and conditions set forth herein, each Tranche A Lender severally agrees to make loans in US Dollars or in one or more Alternative Currencies (each such loan, a “Committed Tranche A Loan”) to the Tranche A Borrowers from time to time, on any Business Day during the Tranche A Availability Period of such Tranche A Lender, in an amount not to exceed the amount of such Lender’s Unused Tranche A Commitment at such time. Within the limits of each Lender’s Unused Tranche A Commitment, and subject to the other terms and conditions hereof, the Tranche A Borrowers may borrow under this Section 2.1(a), prepay under Section 2.4, and reborrow under this Section 2.1(a). Committed Tranche A Loans may be Base Rate Loans or Eurocurrency Rate Loans, as further provided herein. (b) Subject to the terms and conditions set forth herein, each Tranche B Lender severally agrees to make loans to TCCI in US Dollars or in one or more Alternative Currencies, and (i) in the case of a Tranche B Lender willing and able to accept Drafts, to create acceptances (“Bankers’ Acceptances”) by accepting Drafts and to purchase such Bankers’ Acceptances in accordance with Section 2.15(a) and (ii) in the case of a Tranche B Lender which is unwilling or unable to accept Drafts, to purchase completed Drafts, which will not be accepted by the Tranche B Lender or any other Tranche B Lender in accordance with Section 2.15 from time to time, on any Business Day during the Tranche B Availability Period of such Tranche B Lender, in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s Tranche B Commitment; provided, however, that after giving effect to any Committed Borrowing made by the Tranche B Lenders, (i) the Total Outstandings applicable to TCCI shall not exceed the Aggregate Tranche B Commitments, and (ii) the aggregate Outstanding Amount of the Committed Tranche B Loans of any Tranche B Lender plus such Lender’s ratable share of the Outstanding Amount of all Swing Line Loans made to TCCI shall not exceed such Lender’s Tranche B Commitment. Within the limits of each Lender’s Tranche B Commitment, and subject to the other terms and conditions hereof, TCCI may borrow under this Section 2.1(b), prepay under Section 2.4, and, reborrow under this Section 2.1(b). Committed Tranche B Loans may be Base Rate Loans, Eurocurrency Rate Loans, Canadian Prime Rate Loans, Bankers’ Acceptances or BA Equivalent Notes, as further provided herein. (c) Subject to the terms and conditions set forth herein, each Tranche C Lender severally agrees to make loans in Australian Dollars (each such loan, a “Committed Tranche C Loan”) to TFA on any Business Day during the Tranche C Availability Period of such Tranche C Lender, in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s Tranche C Commitment; provided, however, that after giving effect to any Committed Borrowing made by the Tranche C Lenders, (i) the Total Outstandings applicable to TFA shall not exceed the Aggregate Tranche C Commitments, and (ii) the aggregate Outstanding Amount of the Committed Tranche C Loans of any Tranche C Lender plus such Lender’s ratable share of the Outstanding Amount of all Swing Line Loans made to TFA plus, in the case of a Tranche C Lender that is, or has an Affiliate that is, a Swing Line Lender having a Swing Line Commitment in Australian Dollars and without duplication, such Lender’s (or Affiliate’s) Swing Line Loans made to TFA shall not exceed such Lender’s Tranche C Commitment. Within the limits of each Lender’s Tranche C Commitment, and subject to the other terms and conditions hereof, TFA may borrow under this Section 2.1(c), prepay under Section 2.4, and, reborrow under this Section 2.1(c). (d) After giving effect to Committed Loans made pursuant to this Section 2.1, the aggregate Outstanding Amount of all Loans (other than Money Market Loans) made by such Lender or its Affiliates shall not exceed such Lender’s Commitment Cap.

Appears in 5 contracts

Samples: Credit Agreement (Toyota Motor Credit Corp), Five Year Credit Agreement (Toyota Motor Credit Corp), Credit Agreement (Toyota Motor Credit Corp)

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Committed Loans. (a) Subject to the terms and conditions set forth herein, each Tranche A Lender severally agrees to make loans in US Dollars or in one or more Alternative Currencies (each such loan, a “Committed Tranche A Loan”) to the Tranche A Borrowers from time to time, on any Business Day during the Tranche A Availability Period of such Tranche A Lender, in an amount not to exceed the amount of such Lender’s Unused Tranche A Commitment at such time. Within the limits of each Lender’s Unused Tranche A Commitment, and subject to the other terms and conditions hereof, the Tranche A Borrowers may borrow under this Section 2.1(a), prepay under Section 2.4, and reborrow under this Section 2.1(a). Committed Tranche A Loans may be Base Rate Loans or Eurocurrency Rate Loans, as further provided herein. (b) Subject to the terms and conditions set forth herein, each Tranche B Lender severally agrees to make loans to TCCI in US Dollars or in one or more Alternative Currencies, and (i) in the case of a Tranche B Lender willing and able to accept Drafts, to create acceptances (“Bankers’ Acceptances”) by accepting Drafts and to purchase such Bankers’ Acceptances in accordance with Section 2.15(a) and (ii) in the case of a Tranche B Lender which is unwilling or unable to accept Drafts, to purchase completed Drafts, which will not be accepted by the Tranche B Lender or any other Tranche B Lender in accordance with Section 2.15 from time to time, on any Business Day during the Tranche B Availability Period of such Tranche B Lender, in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s Tranche B Commitment; provided, however, that after giving effect to any Committed Borrowing made by the Tranche B Lenders, (i) the Total Outstandings applicable to TCCI shall not exceed the Aggregate Tranche B Commitments, and (ii) the aggregate Outstanding Amount of the Committed Tranche B Loans of any Tranche B Lender plus such Lender’s ratable share of the Outstanding Amount of all Swing Line Loans made to TCCI shall not exceed such Lender’s Tranche B Commitment. Within the limits of each Lender’s Tranche B Commitment, and subject to the other terms and conditions hereof, TCCI may borrow under this Section 2.1(b), prepay under Section 2.4, and, and reborrow under this Section 2.1(b). Committed Tranche B Loans may be Base Rate Loans, Eurocurrency Rate Loans, Canadian Prime Rate Loans, Bankers’ Acceptances or BA Equivalent Notes, as further provided herein. (c) Subject to the terms and conditions set forth herein, each Tranche C Lender severally agrees to make loans in Australian Dollars (each such loan, a “Committed Tranche C Loan”) to TFA on any Business Day during the Tranche C Availability Period of such Tranche C Lender, in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s Tranche C Commitment; provided, however, that after giving effect to any Committed Borrowing made by the Tranche C Lenders, (i) the Total Outstandings applicable to TFA shall not exceed the Aggregate Tranche C Commitments, and (ii) the aggregate Outstanding Amount of the Committed Tranche C Loans of any Tranche C Lender plus such Lender’s ratable share of the Outstanding Amount of all Swing Line Loans made to TFA plus, in the case of a Tranche C Lender that is, or has an Affiliate that is, a Swing Line Lender having a Swing Line Commitment in Australian Dollars and without duplication, such Lender’s (or Affiliate’s) Swing Line Loans made to TFA shall not exceed such Lender’s Tranche C Commitment. Within the limits of each Lender’s Tranche C Commitment, and subject to the other terms and conditions hereof, TFA may borrow under this Section 2.1(c), prepay under Section 2.4, and, reborrow under this Section 2.1(c). (d) After giving effect to Committed Loans made pursuant to this Section 2.1, the aggregate Outstanding Amount of all Loans (other than Money Market Loans) made by such Lender or its Affiliates shall not exceed such Lender’s Commitment Cap.

Appears in 5 contracts

Samples: Credit Agreement (Toyota Motor Credit Corp), Credit Agreement (Toyota Motor Credit Corp), Credit Agreement (Toyota Motor Credit Corp)

Committed Loans. (a) Subject to the terms and conditions set forth herein, each Tranche 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 “Committed Loan”) to the Borrowers in US Dollars or in one or more Alternative Currencies (each such loan, a “Committed Tranche A Loan”) to the Tranche A Borrowers from time to time, on any Business Day during the Tranche A Availability Period of such Tranche A Lender, in an amount not to exceed the amount of such Lender’s Unused Tranche A Commitment at such time. Within the limits of each Lender’s Unused Tranche A Commitment, and subject to the other terms and conditions hereof, the Tranche A Borrowers may borrow under this Section 2.1(a), prepay under Section 2.4, and reborrow under this Section 2.1(a). Committed Tranche A Loans may be Base Rate Loans or Eurocurrency Rate Loans, as further provided herein. (b) Subject to the terms and conditions set forth herein, each Tranche B Lender severally agrees to make loans to TCCI in US Dollars or in one or more Alternative Currencies, and (i) in the case of a Tranche B Lender willing and able to accept Drafts, to create acceptances (“Bankers’ Acceptances”) by accepting Drafts and to purchase such Bankers’ Acceptances in accordance with Section 2.15(a) and (ii) in the case of a Tranche B Lender which is unwilling or unable to accept Drafts, to purchase completed Drafts, which will not be accepted by the Tranche B Lender or any other Tranche B Lender in accordance with Section 2.15 from time to time, on any Business Day during the Tranche B Availability Period of such Tranche B LenderPeriod, in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s Tranche B Commitment; provided, however, that after giving effect to any Committed Borrowing made by the Tranche B LendersBorrowing, (i) the Total Outstandings applicable to TCCI shall not exceed the Aggregate Tranche B Commitments, and (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 Committed Tranche B Loans of Company and any Tranche B Lender plus Designated Borrower under the Designated Borrower Sublimit applicable to such Lender’s ratable share of Designated Borrower shall not exceed such Designated Borrower Sublimit, and (iv) the aggregate Outstanding Amount of all Swing Line Loans and L/C Obligations made to TCCI the Company under the Company Sublimit shall not exceed such Lender’s Tranche B Commitmentthe Company Sublimit then in effect. Within the limits of each Lender’s Tranche B Commitment, and subject to the other terms and conditions hereof, TCCI the Borrowers may borrow under this Section 2.1(b)2.01, prepay under Section 2.42.05, and, and reborrow under this Section 2.1(b)2.01. Committed Tranche B Loans may be Base Rate Loans, Loans or Eurocurrency Rate Loans, Canadian Prime Rate Loans, Bankers’ Acceptances or BA Equivalent Notes, as further provided herein. ; provided that any Borrowings made on the Closing Date or any of the three (c3) Subject 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 terms and conditions set forth herein, each Tranche C Lender severally agrees Administrative Agent not less than three Business Days prior to make loans in Australian Dollars (each such loan, a “Committed Tranche C Loan”) to TFA on any Business Day during the Tranche C Availability Period date of such Tranche C Lender, in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s Tranche C Commitment; provided, however, that after giving effect to any Committed Borrowing made by the Tranche C Lenders, (i) the Total Outstandings applicable to TFA shall not exceed the Aggregate Tranche C Commitments, and (ii) the aggregate Outstanding Amount of the Committed Tranche C Loans of any Tranche C Lender plus such Lender’s ratable share of the Outstanding Amount of all Swing Line Loans made to TFA plus, in the case of a Tranche C Lender that is, or has an Affiliate that is, a Swing Line Lender having a Swing Line Commitment in Australian Dollars and without duplication, such Lender’s (or Affiliate’s) Swing Line Loans made to TFA shall not exceed such Lender’s Tranche C Commitment. Within the limits of each Lender’s Tranche C Commitment, and subject to the other terms and conditions hereof, TFA may borrow under this Section 2.1(c), prepay under Section 2.4, and, reborrow under this Section 2.1(c)Borrowing. (d) After giving effect to Committed Loans made pursuant to this Section 2.1, the aggregate Outstanding Amount of all Loans (other than Money Market Loans) made by such Lender or its Affiliates shall not exceed such Lender’s Commitment Cap.

Appears in 5 contracts

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

Committed Loans. (a) Subject to the terms and conditions set forth herein, each Tranche A Lender severally agrees to make loans in US Dollars or in one or more Alternative Currencies (each such loan, a “Committed Tranche A Loan”) to the Tranche A Borrowers from time to time, on any Business Day during the Tranche A Availability Period of such Tranche A LenderPeriod, in an amount not to exceed the amount of such Lender’s Unused Tranche A Commitment at such time. Within the limits of each Lender’s Unused Tranche A Commitment, and subject to the other terms and conditions hereof, the Tranche A Borrowers may borrow under this Section 2.1(a), prepay under Section 2.4, and and, unless converted to a Term Loan pursuant to Section 2.13(c), reborrow under this Section 2.1(a). Committed Tranche A Loans may be Base Rate Loans or Eurocurrency Rate Loans, as further provided herein. (b) Subject to the terms and conditions set forth herein, each Tranche B Lender severally agrees to make loans to TCCI in US Dollars or in one or more Alternative Currencies, and (i) in the case of a Tranche B Lender willing and able to accept Drafts, to create acceptances (“Bankers’ Acceptances”) by accepting Drafts and to purchase such Bankers’ Acceptances in accordance with Section 2.15(a) and (ii) in the case of a Tranche B Lender which is unwilling or unable to accept Drafts, to purchase completed Drafts, which will not be accepted by the Tranche B Lender or any other Tranche B Lender in accordance with Section 2.15 from time to time, on any Business Day during the Tranche B Availability Period of such Tranche B LenderPeriod, in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s Tranche B Commitment; provided, however, that after giving effect to any Committed Borrowing made by the Tranche B Lenders, (i) the Total Outstandings applicable to TCCI shall not exceed the Aggregate Tranche B Commitments, and (ii) the aggregate Outstanding Amount of the Committed Tranche B Loans of any Tranche B Lender plus such Lender’s ratable share of the Outstanding Amount of all Swing Line Loans made to TCCI shall not exceed such Lender’s Tranche B Commitment. Within the limits of each Lender’s Tranche B Commitment, and subject to the other terms and conditions hereof, TCCI may borrow under this Section 2.1(b), prepay under Section 2.4, and, unless converted to a Term Loan pursuant to Section 2.13(c), reborrow under this Section 2.1(b). Committed Tranche B Loans may be Base Rate Loans, Eurocurrency Rate Loans, Canadian Prime Rate Loans, Bankers’ Acceptances or BA Equivalent Notes, as further provided herein. (c) Subject to the terms and conditions set forth herein, each Tranche C Lender severally agrees to make loans in Australian Dollars (each such loan, a “Committed Tranche C Loan”) to TFA on any Business Day during the Tranche C Availability Period of such Tranche C Lender, in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s Tranche C Commitment; provided, however, that after giving effect to any Committed Borrowing made by the Tranche C Lenders, (i) the Total Outstandings applicable to TFA shall not exceed the Aggregate Tranche C Commitments, and (ii) the aggregate Outstanding Amount of the Committed Tranche C Loans of any Tranche C Lender plus such Lender’s ratable share of the Outstanding Amount of all Swing Line Loans made to TFA plus, in the case of a Tranche C Lender that is, or has an Affiliate that is, a Swing Line Lender having a Swing Line Commitment in Australian Dollars and without duplication, such Lender’s (or Affiliate’s) Swing Line Loans made to TFA shall not exceed such Lender’s Tranche C Commitment. Within the limits of each Lender’s Tranche C Commitment, and subject to the other terms and conditions hereof, TFA may borrow under this Section 2.1(c), prepay under Section 2.4, and, reborrow under this Section 2.1(c). (d) After giving effect to Committed Loans made pursuant to this Section 2.1, the aggregate Outstanding Amount of all Loans (other than Money Market Loans) made by such Lender or its Affiliates shall not exceed such Lender’s Commitment Cap.

Appears in 3 contracts

Samples: 364 Day Credit Agreement (Toyota Motor Credit Corp), 364 Day Credit Agreement (Toyota Motor Credit Corp), 364 Day Credit Agreement (Toyota Motor Credit Corp)

Committed Loans. (a) Subject to the terms and conditions set forth herein, each Tranche A Lender severally agrees to make loans in US Dollars or in one or more Alternative Currencies (each such loan, a “Committed Tranche A Loan”) to the Tranche A Borrowers from time to time, on any Business Day during the Tranche A Availability Period of such Tranche A LenderPeriod, in an amount not to exceed the amount of such Lender’s Unused Tranche A Commitment at such time. Within the limits of each Lender’s Unused Tranche A Commitment, and subject to the other terms and conditions hereof, the Tranche A Borrowers may borrow under this Section 2.1(a), prepay under Section 2.4, and and, unless converted to a Term Loan pursuant to Section 2.13(c), reborrow under this Section 2.1(a). Committed Tranche A Loans may be Base Rate Loans or Eurocurrency Rate Loans, as further provided herein. (b) Subject to the terms and conditions set forth herein, each Tranche B Lender severally agrees to make loans to TCCI in US Dollars or in one or more Alternative Currencies, and (i) in the case of a Tranche B Lender willing and able to accept Drafts, to create acceptances (“Bankers’ Acceptances”) by accepting Drafts and to purchase such Bankers’ Acceptances in accordance with Section 2.15(a) and (ii) in the case of a Tranche B Lender which is unwilling or unable to accept Drafts, to purchase completed Drafts, which will not be accepted by the Tranche B Lender or any other Tranche B Lender in accordance with Section 2.15 from time to time, on any Business Day during the Tranche B Availability Period of such Tranche B LenderPeriod, in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s Tranche B Commitment; provided, however, that after giving effect to any Committed Borrowing made by the Tranche B Lenders, (i) the Total Outstandings applicable to TCCI shall not exceed the Aggregate Tranche B Commitments, and (ii) the aggregate Outstanding Amount of the Committed Tranche B Loans of any Tranche B Lender plus such Lender’s ratable share of the Outstanding Amount of all Swing Line Loans made to TCCI shall not exceed such Lender’s Tranche B Commitment. Within the limits of each Lender’s Tranche B Commitment, and subject to the other terms and conditions hereof, TCCI may borrow under this Section 2.1(b), prepay under Section 2.4, and, unless converted to a Term Loan pursuant to Section 2.13(c), reborrow under this Section 2.1(b). Committed Tranche B Loans may be Base Rate Loans, Eurocurrency Rate Loans, Canadian Prime Rate Loans, Bankers’ Acceptances or BA Equivalent Notes, as further provided herein. (c) Subject to the terms and conditions set forth herein, each Tranche C Lender severally agrees to make loans in Australian Dollars (each such loan, a “Committed Tranche C Loan”) to TFA on any Business Day during the Tranche C Availability Period of such Tranche C LenderPeriod, in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s Tranche C Commitment; provided, however, that after giving effect to any Committed Borrowing made by the Tranche C Lenders, (i) the Total Outstandings applicable to TFA shall not exceed the Aggregate Tranche C Commitments, and (ii) the aggregate Outstanding Amount of the Committed Tranche C Loans of any Tranche C Lender plus such Lender’s ratable share of the Outstanding Amount of all Swing Line Loans made to TFA plus, in the case of a Tranche C Lender that is, or has an Affiliate that is, a Swing Line Lender having a Swing Line Commitment in Australian Dollars and without duplication, such Lender’s (or Affiliate’s) Swing Line Loans made to TFA shall not exceed such Lender’s Tranche C Commitment. Within the limits of each Lender’s Tranche C Commitment, and subject to the other terms and conditions hereof, TFA may borrow under this Section 2.1(c), prepay under Section 2.4, and, unless converted to a Term Loan pursuant to Section 2.13(c), reborrow under this Section 2.1(c). (d) After giving effect to Committed Loans made pursuant to this Section 2.1, the aggregate Outstanding Amount of all Loans (other than Money Market Loans) made by such Lender or its Affiliates shall not exceed such Lender’s Commitment Cap.

Appears in 3 contracts

Samples: 364 Day Credit Agreement (Toyota Motor Credit Corp), 364 Day Credit Agreement (Toyota Motor Credit Corp), 364 Day Credit Agreement (Toyota Motor Credit Corp)

Committed Loans. (a) Subject to the terms and conditions set forth herein, each Tranche A Lender severally agrees to make loans in US Dollars or in one or more Alternative Currencies (each such loan, a “Committed Tranche A Loan”) Domestic Loans to the Tranche A Domestic Borrowers from time to time, on any Business Day during the Tranche A Availability Period of such Tranche A Lender, in an amount not to exceed the amount of such Lender’s Unused Tranche A Commitment at such time. Within the limits of each Lender’s Unused Tranche A Commitment, and subject to the other terms and conditions hereof, the Tranche A Borrowers may borrow under this Section 2.1(a), prepay under Section 2.4, and reborrow under this Section 2.1(a). Committed Tranche A Loans may be Base Rate Loans or Eurocurrency Rate Loans, as further provided herein. (b) Subject to the terms and conditions set forth herein, each Tranche B Lender severally agrees to make loans to TCCI in US Dollars or in one or more Alternative Currencies, and (i) in the case of a Tranche B Lender willing and able to accept Drafts, to create acceptances (“Bankers’ Acceptances”) by accepting Drafts and to purchase such Bankers’ Acceptances in accordance with Section 2.15(a) and (ii) in the case of a Tranche B Lender which is unwilling or unable to accept Drafts, to purchase completed Drafts, which will not be accepted by the Tranche B Lender or any other Tranche B Lender in accordance with Section 2.15 from time to time, on any Business Day during the Tranche B Availability Period of such Tranche B LenderPeriod, in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s Tranche B Commitment; provided, however, that after giving effect to any Committed Borrowing made by the Tranche B LendersBorrowing, (i) the Total Outstandings applicable to TCCI shall not exceed the Aggregate Tranche B Commitments, and (ii) the aggregate Outstanding Amount of the Committed Tranche B Loans of any Tranche B Lender Lender, plus such Lender’s ratable share Pro Rata Share of the Outstanding Amount of all Swing Line Loans made to TCCI L/C Obligations and all Bankers’ Acceptances (taking into account any Canadian Participations when determining the Total Canadian Outstandings of a Canadian Lender) shall not exceed such Lender’s Tranche B Commitment. Within the limits of each Lender’s Tranche B Commitment, and subject to the other terms and conditions hereof, TCCI the Domestic Borrowers may borrow under this Section 2.1(b2.01(a), prepay under Section 2.42.05, and, and reborrow under this Section 2.1(b2.01(a). Committed Tranche B Domestic Loans may be Base Rate Loans, Eurocurrency Loans or Eurodollar Rate Loans, Canadian Prime Rate Loans, Bankers’ Acceptances or BA Equivalent Notes, as further provided herein. (ci) Subject to the terms and conditions set forth herein, each Tranche C Canadian Lender severally agrees to make loans in Australian Dollars (each such loanCanadian Loans to McKesson Canada from time to time, a “Committed Tranche C Loan”) to TFA on any Business Day during the Tranche C Availability Period of such Tranche C LenderPeriod, in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s Tranche C Canadian Commitment; provided, however, that that, after giving effect to any Committed Borrowing made by under the Tranche C LendersCanadian Commitments, (iA) the Total Outstandings applicable to TFA shall not exceed the Aggregate Tranche C Commitments, and (iiB) the Total Canadian Outstandings shall not exceed the Aggregate Canadian Commitments, (C) McKesson Canada shall be a Wholly-Owned Subsidiary, (D) the aggregate Outstanding Amount of the Committed Tranche C Canadian Loans of any Tranche C Lender Canadian Lender, plus such Lender’s ratable share Pro Rata Share of the Outstanding Amount of all Swing Line Loans made to TFA plus, in Acceptance Usage (taking into account any Canadian Participations when determining the case Total Canadian Outstandings of a Tranche C Lender that is, or has an Affiliate that is, a Swing Line Lender having a Swing Line Commitment in Australian Dollars and without duplication, such Canadian Lender’s (or Affiliate’s) Swing Line Loans made to TFA shall not exceed such Lender’s Tranche C its Canadian Commitment, and (E) all Canadian Loans to McKesson Canada shall be made by the Canadian Lenders, shall be denominated and payable in Canadian Dollars and no other currency and shall not be Base Rate Loans. Within the limits of each Lender’s Tranche C Canadian Commitment, and subject to the other terms and conditions hereof, TFA McKesson Canada may borrow under this Section 2.1(c2.01(b)(i), prepay under Section 2.4, and, 2.05 and reborrow under this Section 2.1(c2.01(b)(i). Canadian Loans may be Canadian Prime Rate Loans or Eurodollar Rate Loans, as provided herein. (dii) After giving effect (A) Subject to Committed Loans made Section 2.01(b)(ii)(B) below, on the Participation Funding Date (as defined below) each Lender that is not a Canadian Lender shall be deemed to have purchased, and hereby agrees to purchase, a participation in each outstanding Canadian Loan and Bankers’ Acceptance Credit Extension in an amount equal to its Pro Rata Share of the unpaid amount of such Canadian Loan or Bankers’ Acceptance Credit Extension together with accrued interest thereon (each, a “Canadian Participation”), such Canadian Participation to be governed by this Section 2.01(b)(ii)(A) and not by Section 11.06(d) hereof. Only upon demand from any Canadian Lender on or after the date of (X) any Event of Default under Sections 8.01(a), 8.01(f) or 8.01(g) or (Y) an acceleration of the maturity pursuant to Section 8.02(b) of any amounts owing to the Canadian Lenders under this Agreement (the date of such demand, the “Participation Funding Date”), each such Lender that has purchased a Canadian Participation (each a “Canadian Participant”) shall deliver to the Canadian Administrative Agent an amount equal to its Canadian Participation in same day funds and in Canadian Dollars at the Canadian Administrative Agent’s Office for distribution to Canadian Lenders in accordance with their Canadian Pro Rata Share. If any amount required to be paid by any Canadian Participant pursuant to this Section 2.12.01(b)(ii)(A) is not paid to the Canadian Administrative Agent when due but is paid within three Business Days after the date such payment is due, such Canadian Participant shall pay to the Canadian Administrative Agent for distribution to Canadian Lenders on demand an amount equal to the product of (i) such amount, times (ii) the Overnight Canadian Rate, times (iii) a fraction the numerator of which is the number of days that elapse during such period and the denominator of which is 365 or 366, as the case may be. If such amount required to be paid by any Canadian Participant pursuant to this Section 2.01(b)(ii)(A) is not in fact made available to the Canadian Administrative Agent within three Business Days after the date such payment is due, the aggregate Outstanding Amount Canadian Administrative Agent shall be entitled to recover from such Canadian Participant, on demand, such amount with interest thereon calculated from such due date at the rate per annum equal to the rate applicable thereto in accordance with the preceding sentence plus the Applicable Rate. A certificate of all Loans (the Canadian Administrative Agent submitted to any Canadian Participant with respect to any amounts owing under this Section 2.01(b)(ii)(A) shall be conclusive in the absence of manifest error. In the event the Canadian Administrative Agent receives a payment with respect to any Canadian Loan in which Canadian Participations have been purchased and as to which the purchase price has been requested by the Canadian Administrative Agent and delivered by a Canadian Participant as in this Section 2.01(b)(ii)(A) provided, the Canadian Administrative Agent shall promptly distribute to such Canadian Participant its share of such payment based on its Canadian Participation. If the Canadian Administrative Agent pays any amount to a Canadian Participant pursuant to this Section 2.01(b)(ii)(A) in the belief or expectation that a related payment has been or will be received or collected and such related payment is not received or collected by the Canadian Administrative Agent, then such Canadian Participant will promptly on demand by the Canadian Administrative Agent return such amount to the Canadian Administrative Agent, together with interest thereon at such rate as the Canadian Administrative Agent shall determine to be customary between banks for correction of errors. If the Canadian Administrative Agent determines at any time that any amount received or collected by the Canadian Administrative Agent pursuant to this Agreement is to be returned to McKesson Canada under this Agreement or paid to any other than Money Market Loans) made by such Lender Person or its Affiliates entity pursuant to any Debtor Relief Laws, any sharing clause in this Agreement, or otherwise, then, notwithstanding any other provision of this Agreement, the Canadian Administrative Agent shall not exceed be required to distribute any portion thereof to any Canadian Participant, and each such LenderCanadian Participant will promptly on demand by the Canadian Administrative Agent repay any portion that the Canadian Administrative Agent shall have distributed to such Canadian Participant, together with interest thereon at such rate, if any, as the Canadian Administrative Agent shall pay to McKesson Canada or such other Person or entity with respect thereto. If any amounts returned to McKesson Canada or reimbursed by a Canadian Participant pursuant to this Section 2.01(b)(ii)(A) are later recovered by the Canadian Administrative Agent, the Canadian Administrative Agent shall promptly pay to each Canadian Participant a proportionate share based on such Canadian Participant’s Commitment CapCanadian Participation.

Appears in 3 contracts

Samples: Credit Agreement (McKesson Corp), Credit Agreement (McKesson Corp), Credit Agreement (McKesson Corp)

Committed Loans. (a) Subject to the terms and conditions set forth herein, each Tranche A Lender severally agrees to make loans in US Dollars or in one or more Alternative Currencies (each such loan, a “Committed Tranche A Loan”) to the Tranche A Borrowers from time to time, on any Business Day during the Tranche A Availability Period of such Tranche A Lender, in an amount not to exceed the amount of such Lender’s Unused Tranche A Commitment at such time. Within the limits of each Lender’s Unused Tranche A Commitment, and subject to the other terms and conditions hereof, the Tranche A Borrowers may borrow under this Section 2.1(a), prepay under Section 2.4, and reborrow under this Section 2.1(a). Committed Tranche A Loans may be Base Rate Loans or Eurocurrency Rate Loans, as further provided herein. (b) Subject to the terms and conditions set forth herein, each Tranche B Lender severally agrees to make loans to TCCI in US Dollars or in one or more Alternative CurrenciesCurrencies (each such loan, and (i) in the case of a “Committed Tranche B Lender willing and able to accept Drafts, to create acceptances (“Bankers’ AcceptancesLoan) by accepting Drafts and to purchase such Bankers’ Acceptances in accordance with Section 2.15(a) and (ii) in the case of a Tranche B Lender which is unwilling or unable to accept Drafts, to purchase completed Drafts, which will not be accepted by the Tranche B Lender or any other Tranche B Lender in accordance with Section 2.15 from time to time), on any Business Day during the Tranche B Availability Period of such Tranche B Lender, in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s Tranche B Commitment; provided, however, that after giving effect to any Committed Borrowing made by the Tranche B Lenders, (i) the Total Outstandings applicable to TCCI shall not exceed the Aggregate Tranche B Commitments, and (ii) the aggregate Outstanding Amount of the Committed Tranche B Loans of any Tranche B Lender plus such Lender’s ratable share of the Outstanding Amount of all Swing Line Loans made to TCCI shall not exceed such Lender’s Tranche B Commitment. Within the limits of each Lender’s Tranche B Commitment, and subject to the other terms and conditions hereof, TCCI may borrow under this Section 2.1(b), prepay under Section 2.4, and, reborrow under this Section 2.1(b). Committed Tranche B Loans may be Base Rate Loans, Eurocurrency Rate Loans, Loans or Canadian Prime Rate Loans, Bankers’ Acceptances or BA Equivalent Notes, as further provided herein. (c) Subject to the terms and conditions set forth herein, each Tranche C Lender severally agrees to make loans in Australian Dollars (each such loan, a “Committed Tranche C Loan”) to TFA on any Business Day during the Tranche C Availability Period of such Tranche C Lender, in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s Tranche C Commitment; provided, however, that after giving effect to any Committed Borrowing made by the Tranche C Lenders, (i) the Total Outstandings applicable to TFA shall not exceed the Aggregate Tranche C Commitments, and (ii) the aggregate Outstanding Amount of the Committed Tranche C Loans of any Tranche C Lender plus such Lender’s ratable share of the Outstanding Amount of all Swing Line Loans made to TFA plus, in the case of a Tranche C Lender that is, or has an Affiliate that is, a Swing Line Lender having a Swing Line Commitment in Australian Dollars and without duplication, such Lender’s (or Affiliate’s) Swing Line Loans made to TFA shall not exceed such Lender’s Tranche C Commitment. Within the limits of each Lender’s Tranche C Commitment, and subject to the other terms and conditions hereof, TFA may borrow under this Section 2.1(c), prepay under Section 2.4, and, reborrow under this Section 2.1(c). (d) After giving effect to Committed Loans made pursuant to this Section 2.1, the aggregate Outstanding Amount of all Loans (other than Money Market Loans) made by such Lender or its Affiliates shall not exceed such Lender’s Commitment Cap.

Appears in 3 contracts

Samples: Credit Agreement (Toyota Motor Credit Corp), Credit Agreement (Toyota Motor Credit Corp), Five Year Credit Agreement (Toyota Motor Credit Corp)

Committed Loans. (a) Subject to the terms and conditions set forth herein, each Tranche A Lender severally agrees to make loans in US Dollars or in one or more Alternative Currencies (each such loan, a “Committed Tranche A Loan”) to the Tranche A Borrowers Borrower from time to time, on any Business Day during the Tranche A Availability Period of such Tranche A Lender, in an amount not to exceed the amount of such Lender’s Unused Tranche A Commitment at such time. Within the limits of each Lender’s Unused Tranche A Commitment, and subject to the other terms and conditions hereof, the Tranche A Borrowers may borrow under this Section 2.1(a), prepay under Section 2.4, and reborrow under this Section 2.1(a). Committed Tranche A Loans may be Base Rate Loans or Eurocurrency Rate Loans, as further provided herein. (b) Subject to the terms and conditions set forth herein, each Tranche B Lender severally agrees to make loans to TCCI in US Dollars or in one or more Alternative Currencies, and (i) in the case of a Tranche B Lender willing and able to accept Drafts, to create acceptances (“Bankers’ Acceptances”) by accepting Drafts and to purchase such Bankers’ Acceptances in accordance with Section 2.15(a) and (ii) in the case of a Tranche B Lender which is unwilling or unable to accept Drafts, to purchase completed Drafts, which will not be accepted by the Tranche B Lender or any other Tranche B Lender in accordance with Section 2.15 from time to time, on any Business Day during the Tranche B Availability Period of such Tranche B LenderPeriod, in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s Tranche B Commitment; provided, however, that after giving effect to any Committed Borrowing made by the Tranche B LendersBorrowing, (i) the Total Outstandings applicable to TCCI aggregate Outstanding Amount of all 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 Aggregate Tranche B Commitments, and (ii) the aggregate Outstanding Amount of the Committed Tranche B Loans of any Tranche B Lender plus such Lender’s ratable share Pro Rata Share of the 068800 000057 DALLAS 1872243.4 Outstanding Amount of all L/C Obligations, plus such Lender’s Pro Rata Share of the Outstanding Amount of all Swing Line Loans made to TCCI shall not exceed such Lender’s Tranche B Commitment. Within the limits of each Lender’s Tranche B Commitment, and subject to the other terms and conditions hereof, TCCI the Borrower may borrow under this Section 2.1(b2.01(a), prepay under Section 2.42.05, and, and reborrow under this Section 2.1(b2.01(a). Committed Tranche B Loans may be Base Rate Loans, Eurocurrency Loans or Eurodollar Rate Loans, Canadian Prime Rate Loans, Bankers’ Acceptances or BA Equivalent Notes, as further provided herein. (cb) Subject to The Borrower shall have the terms and conditions set forth hereinright, each Tranche C Lender severally agrees to make loans in Australian Dollars (each such loan, a “Committed Tranche C Loan”) to TFA on any Business Day during without the Tranche C Availability Period of such Tranche C Lender, in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s Tranche C Commitment; provided, however, that after giving effect to any Committed Borrowing made by the Tranche C Lenders, (i) the Total Outstandings applicable to TFA shall not exceed the Aggregate Tranche C Commitments, and (ii) the aggregate Outstanding Amount consent of the Committed Tranche C Loans of any Tranche C Lender plus such Lender’s ratable share of the Outstanding Amount of all Swing Line Loans made to TFA plus, in the case of a Tranche C Lender that is, or has an Affiliate that is, a Swing Line Lender having a Swing Line Commitment in Australian Dollars and without duplication, such Lender’s (or Affiliate’s) Swing Line Loans made to TFA shall not exceed such Lender’s Tranche C Commitment. Within the limits of each Lender’s Tranche C Commitment, and Lenders but subject to the other terms and conditions hereofconsent of the Administrative Agent (which consent shall not be unreasonably withheld), TFA may borrow to effectuate from time to time an increase in the total Commitments under this Agreement by adding to this Agreement one or more commercial banks or other financial institutions which qualify as Eligible Assignees (who shall, upon completion of the requirements stated in this Section 2.1(c2.01(c), prepay under Section 2.4constitute Lenders hereunder), andor by allowing one or more Lenders to increase their Commitments hereunder, reborrow under this Section 2.1(c). (d) After giving effect to Committed Loans made so that such added and increased Commitments shall equal the increase in Commitments effectuated pursuant to this Section 2.12.01(c); provided that (i) without the consent of all the Lenders, no increase in Commitments pursuant to this Section 2.01(c) shall result in the total Commitments exceeding the lesser of (A) $375,000,000, and (B) $375,000,000 less the aggregate Outstanding Amount amount of all Loans reductions made pursuant to Section 2.06, (other than Money Market Loansii) made by such Lender or its Affiliates shall not exceed such no Lender’s Commitment Capamount shall be increased without the consent of such Lender, and (iii) to the extent that any Committed Loans are outstanding on the effective date of any such increase in Commitments, the Borrower shall prepay such Committed Loans and may on the same date, at its option, borrow new Committed Loans from all Lenders (including all new Lenders) to make such prepayment. In connection with any such prepayment and borrowing on the same date, the Administrative Agent shall net the amount to be advanced by any Lender who was a Lender prior to the effective date of any such increase in Committed Loans against the amount to be repaid to such prior Lender. In connection with any such borrowing of new Committed Loans, the Borrower shall give requisite notice of its new Committed Loans pursuant to Section 2.02 hereof and shall pay all amounts owing to Lenders under Section 3.

Appears in 2 contracts

Samples: Credit Agreement (Ferrellgas Finance Corp), Credit Agreement (Ferrellgas Partners Finance Corp)

Committed Loans. (a) Subject The Borrower may, upon notice to the terms and conditions set forth hereinAdministrative Agent, each Tranche A Lender severally agrees at any time or from time to make loans time (i) voluntarily prepay Base Rate Committed Loans in US Dollars whole or in one part without premium or more Alternative Currencies penalty, and (each ii) subject to Section 3.05, voluntarily prepay Eurodollar Rate Loans in whole or in part without premium or penalty; provided that (i) such loannotice must be received by the Administrative Agent not later than 11:00 a.m. (A) three Business Days prior to any date of prepayment of Eurodollar Rate Loans and (B) on the date of prepayment of Base Rate Committed Loans; (ii) any prepayment of Eurodollar Rate Loans shall be in a principal amount of $5,000,000 or a whole multiple of $1,000,000 in excess thereof (or, if less, the entire principal amount thereof then outstanding); (iii) any prepayment of Base Rate Committed Loans shall be in a “Committed 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 (iv) any prepayment of the Tranche A Loan”) B Term Loan shall be applied in the manner directed by the Borrower; and provided, further, that in connection with any Repricing Transaction that is consummated in respect of all or any portion of the Tranche B Term Loan during the period from the First Amendment Effective Date to and including the date that is 180 days after the First Amendment Effective Date, the Borrower shall pay to the Tranche A Borrowers from time B Term Lenders a fee equal to time, on any Business Day during 1% of the aggregate principal amount of the Tranche A Availability Period B Term Loan prepaid or repriced in connection with such Repricing Transaction. Each such notice shall specify the date and amount of such Tranche A Lenderprepayment and the Type(s) of Committed Loans to be prepaid. The Administrative Agent will promptly notify each Lender of its receipt of each such notice, in an amount not to exceed and of the amount of such Lender’s Unused Tranche A Commitment at Applicable Percentage of such timeprepayment. Within If such notice is given by the limits of each Lender’s Unused Tranche A Commitment, and subject to the other terms and conditions hereofBorrower, the Tranche A Borrowers may borrow under this Borrower shall make such prepayment and the payment amount specified in such notice shall be due and payable on the date specified therein; provided that if a notice of prepayment is given in connection with a conditional notice of termination of the Revolving Commitments as contemplated by Section 2.1(a2.06(c), prepay under Section 2.4, and reborrow under this Section 2.1(a). Committed Tranche A Loans then such notice of prepayment may be Base Rate Loans or Eurocurrency Rate Loans, as further provided herein. (b) Subject to the terms and conditions set forth herein, each Tranche B Lender severally agrees to make loans to TCCI in US Dollars or in one or more Alternative Currencies, and (i) in the case revoked if such notice of a Tranche B Lender willing and able to accept Drafts, to create acceptances (“Bankers’ Acceptances”) by accepting Drafts and to purchase such Bankers’ Acceptances termination is revoked in accordance with Section 2.15(a) and (ii) in the case 2.06. Any prepayment of a Tranche B Lender which is unwilling or unable Eurodollar Rate Loan shall be accompanied by all accrued interest on the amount prepaid, together with any additional amounts required pursuant to accept DraftsSection 3.05. Subject to Section 2.15, each such prepayment shall be applied to purchase completed Drafts, which will not be accepted by the Tranche B Lender or any other Tranche B Lender Committed Loans of the Lenders in accordance with Section 2.15 from time to time, on any Business Day during the Tranche B Availability Period of such Tranche B Lender, in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s Tranche B Commitment; provided, however, that after giving effect to any Committed Borrowing made by the Tranche B Lenders, (i) the Total Outstandings applicable to TCCI shall not exceed the Aggregate Tranche B Commitments, and (ii) the aggregate Outstanding Amount of the Committed Tranche B Loans of any Tranche B Lender plus such Lender’s ratable share of the Outstanding Amount of all Swing Line Loans made to TCCI shall not exceed such Lender’s Tranche B Commitment. Within the limits of each Lender’s Tranche B Commitment, and subject to the other terms and conditions hereof, TCCI may borrow under this Section 2.1(b), prepay under Section 2.4, and, reborrow under this Section 2.1(b). Committed Tranche B Loans may be Base Rate Loans, Eurocurrency Rate Loans, Canadian Prime Rate Loans, Bankers’ Acceptances or BA Equivalent Notes, as further provided hereintheir respective Applicable Percentages. (c) Subject to the terms and conditions set forth herein, each Tranche C Lender severally agrees to make loans in Australian Dollars (each such loan, a “Committed Tranche C Loan”) to TFA on any Business Day during the Tranche C Availability Period of such Tranche C Lender, in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s Tranche C Commitment; provided, however, that after giving effect to any Committed Borrowing made by the Tranche C Lenders, (i) the Total Outstandings applicable to TFA shall not exceed the Aggregate Tranche C Commitments, and (ii) the aggregate Outstanding Amount of the Committed Tranche C Loans of any Tranche C Lender plus such Lender’s ratable share of the Outstanding Amount of all Swing Line Loans made to TFA plus, in the case of a Tranche C Lender that is, or has an Affiliate that is, a Swing Line Lender having a Swing Line Commitment in Australian Dollars and without duplication, such Lender’s (or Affiliate’s) Swing Line Loans made to TFA shall not exceed such Lender’s Tranche C Commitment. Within the limits of each Lender’s Tranche C Commitment, and subject to the other terms and conditions hereof, TFA may borrow under this Section 2.1(c), prepay under Section 2.4, and, reborrow under this Section 2.1(c). (d) After giving effect to Committed Loans made pursuant to this Section 2.1, the aggregate Outstanding Amount of all Loans (other than Money Market Loans) made by such Lender or its Affiliates shall not exceed such Lender’s Commitment Cap.

Appears in 2 contracts

Samples: Credit Agreement (Cincinnati Bell Inc), Credit Agreement (Cincinnati Bell Inc)

Committed Loans. (a) Subject to the terms and conditions set forth herein, each Tranche A Lender severally agrees to make loans in US Dollars or in one or more Alternative Currencies (each such loan, a “Committed Tranche A Loan”) to the Tranche A Borrowers from time to time, on any Business Day during the Tranche A Availability Period of such Tranche A LenderPeriod, in an amount not to exceed the amount of such Lender’s Unused Tranche A Commitment at such time. Within the limits of each Lender’s Unused Tranche A Commitment, and subject to the other terms and conditions hereof, the Tranche A Borrowers may borrow under this Section 2.1(a), prepay under Section 2.4, and and, unless converted to a Term Loan pursuant to Section 2.13(c), reborrow under this Section 2.1(a). Committed Tranche A Loans may be Base Rate Loans or Eurocurrency Rate Loans, as further provided herein. (b) Subject to the terms and conditions set forth herein, each Tranche B Lender severally agrees to make loans to TCCI in US Dollars or in one or more Alternative CurrenciesCurrencies (each such loan, and (i) in the case of a “Committed Tranche B Lender willing and able to accept Drafts, to create acceptances (“Bankers’ AcceptancesLoan) by accepting Drafts and to purchase such Bankers’ Acceptances in accordance with Section 2.15(a) and (ii) in the case of a Tranche B Lender which is unwilling or unable to accept Drafts, to purchase completed Drafts, which will not be accepted by the Tranche B Lender or any other Tranche B Lender in accordance with Section 2.15 from time to time), on any Business Day during the Tranche B Availability Period of such Tranche B Lender, in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s Tranche B Commitment; provided, however, that after giving effect to any Committed Borrowing made by the Tranche B Lenders, (i) the Total Outstandings applicable to TCCI shall not exceed the Aggregate Tranche B Commitments, and (ii) the aggregate Outstanding Amount of the Committed Tranche B Loans of any Tranche B Lender plus such Lender’s ratable share of the Outstanding Amount of all Swing Line Loans made to TCCI shall not exceed such Lender’s Tranche B Commitment. Within the limits of each Lender’s Tranche B Commitment, and subject to the other terms and conditions hereof, TCCI may borrow under this Section 2.1(b), prepay under Section 2.4, and, unless converted to a Term Loan pursuant to Section 2.13(c), reborrow under this Section 2.1(b). Committed Tranche B Loans may be Base Rate Loans, Eurocurrency Rate Loans, Loans or Canadian Prime Rate Loans, Bankers’ Acceptances or BA Equivalent Notes, as further provided herein. (c) Subject to the terms and conditions set forth herein, each Tranche C Lender severally agrees to make loans in Australian Dollars (each such loan, a “Committed Tranche C Loan”) to TFA on any Business Day during the Tranche C Availability Period of such Tranche C LenderPeriod, in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s Tranche C Commitment; provided, however, that after giving effect to any Committed Borrowing made by the Tranche C Lenders, (i) the Total Outstandings applicable to TFA shall not exceed the Aggregate Tranche C Commitments, and (ii) the aggregate Outstanding Amount of the Committed Tranche C Loans of any Tranche C Lender plus such Lender’s ratable share of the Outstanding Amount of all Swing Line Loans made to TFA plus, in the case of a Tranche C Lender that is, or has an Affiliate that is, a Swing Line Lender having a Swing Line Commitment in Australian Dollars and without duplication, such Lender’s (or Affiliate’s) Swing Line Loans made to TFA shall not exceed such Lender’s Tranche C Commitment. Within the limits of each Lender’s Tranche C Commitment, and subject to the other terms and conditions hereof, TFA may borrow under this Section 2.1(c), prepay under Section 2.4, and, unless converted to a Term Loan pursuant to Section 2.13(c), reborrow under this Section 2.1(c). (d) After giving effect to Committed Loans made pursuant to this Section 2.1, the aggregate Outstanding Amount of all Loans (other than Money Market Loans) made by such Lender or its Affiliates shall not exceed such Lender’s Commitment Cap.

Appears in 2 contracts

Samples: 364 Day Credit Agreement (Toyota Motor Credit Corp), 364 Day Credit Agreement (Toyota Motor Credit Corp)

Committed Loans. (a) Subject to the terms and conditions set forth herein, each Tranche A Lender severally agrees to make loans in US Dollars or in one or more Alternative Currencies (each such loan, a “Committed Tranche A Loan”) to the Tranche A Borrowers from time to time, on any Business Day during the Tranche A Availability Period of such Tranche A Lender, in an amount not to exceed the amount of such Lender’s Unused Tranche A Commitment at such time. Within the limits of each Lender’s Unused Tranche A Commitment, and subject to the other terms and conditions hereof, the Tranche A Borrowers may borrow under this Section 2.1(a), prepay under Section 2.4, and reborrow under this Section 2.1(a). Committed Tranche A Loans may be Base Rate Loans or Eurocurrency Rate Loans, as further provided herein. (b) Subject to the terms and conditions set forth herein, each Tranche B Lender severally agrees to make loans to TCCI in US Dollars or in one or more Alternative CurrenciesCurrencies (each such loan, and (i) in the case of a “Committed Tranche B Lender willing and able to accept Drafts, to create acceptances (“Bankers’ AcceptancesLoan) by accepting Drafts and to purchase such Bankers’ Acceptances in accordance with Section 2.15(a) and (ii) in the case of a Tranche B Lender which is unwilling or unable to accept Drafts, to purchase completed Drafts, which will not be accepted by the Tranche B Lender or any other Tranche B Lender in accordance with Section 2.15 from time to time), on any Business Day during the Tranche B Availability Period of such Tranche B Lender, in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s Tranche B Commitment; provided, however, that after giving effect to any Committed Borrowing made by the Tranche B Lenders, (i) the Total Outstandings applicable to TCCI shall not exceed the Aggregate Tranche B Commitments, and (ii) the aggregate Outstanding Amount of the Committed Tranche B Loans of any Tranche B Lender plus such Lender’s ratable share of the Outstanding Amount of all Swing Line Loans made to TCCI shall not exceed such Lender’s Tranche B Commitment. Within the limits of each Lender’s Tranche B Commitment, and subject to the other terms and conditions hereof, TCCI may borrow under this Section 2.1(b), prepay under Section 2.4, and, reborrow under this Section 2.1(b). Committed Tranche B Loans may be Base Rate Loans, Eurocurrency Rate Loans, Loans or Canadian Prime Rate Loans, Bankers’ Acceptances or BA Equivalent Notes, as further provided herein. (c) Subject to the terms and conditions set forth herein, each Tranche C Lender severally agrees to make loans in Australian Dollars (each such loan, a “Committed Tranche C Loan”) to TFA the Tranche C Borrower on any Business Day during the Tranche C Availability Period of such Tranche C Lender, in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s Tranche C Commitment; provided, however, that after giving effect to any Committed Borrowing made by the Tranche C Lenders, (i) the Total Outstandings applicable to TFA the Tranche C Borrower shall not exceed the Aggregate Tranche C Commitments, and (ii) the aggregate Outstanding Amount of the Committed Tranche C Loans of any Tranche C Lender plus such Lender’s ratable share of the Outstanding Amount of all Swing Line Loans made to TFA the Tranche C Borrower plus, in the case of a Tranche C Lender that is, or has an Affiliate that is, a Swing Line Lender having a Swing Line Commitment in Australian Dollars and without duplication, such Lender’s (or Affiliate’s) Swing Line Loans made to TFA the Tranche C Borrower shall not exceed such Lender’s Tranche C Commitment. Within the limits of each Lender’s Tranche C Commitment, and subject to the other terms and conditions hereof, TFA the Tranche C Borrower may borrow under Tranche C pursuant to the terms set forth in this Section 2.1(c), prepay under Section 2.4, and, reborrow under this Section 2.1(c). (d) After giving effect to Committed Loans made pursuant to this Section 2.1, the aggregate Outstanding Amount of all Loans (other than Money Market Loans) made by such Lender or its Affiliates shall not exceed such Lender’s Commitment Cap.

Appears in 2 contracts

Samples: Credit Agreement (Toyota Motor Credit Corp), Credit Agreement (Toyota Motor Credit Corp)

Committed Loans. (a) Subject to the terms and conditions set forth herein, each Tranche A Lender severally agrees to make loans in US Dollars or in one or more Alternative Currencies (each such loan, a “Committed Tranche A Loan”) to the Tranche A Borrowers from time to time, on any Business Day during the Tranche A Availability Period of such Tranche A LenderPeriod, in an amount not to exceed the amount of such Lender’s Unused Tranche A Commitment at such time. Within the limits of each Lender’s Unused Tranche A Commitment, and subject to the other terms and conditions hereof, the Tranche A Borrowers may borrow under this Section 2.1(a), prepay under Section 2.4, and and, unless converted to a Term Loan pursuant to Section 2.13(c), reborrow under this Section 2.1(a). Committed Tranche A Loans may be Base Rate Loans or Eurocurrency Rate Loans, as further provided herein. (b) Subject to the terms and conditions set forth herein, each Tranche B Lender severally agrees to make loans to TCCI in US Dollars or in one or more Alternative CurrenciesCurrencies (each such loan, and (i) in the case of a “Committed Tranche B Lender willing and able to accept Drafts, to create acceptances (“Bankers’ AcceptancesLoan) by accepting Drafts and to purchase such Bankers’ Acceptances in accordance with Section 2.15(a) and (ii) in the case of a Tranche B Lender which is unwilling or unable to accept Drafts, to purchase completed Drafts, which will not be accepted by the Tranche B Lender or any other Tranche B Lender in accordance with Section 2.15 from time to time), on any Business Day during the Tranche B Availability Period of such Tranche B Lender, in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s Tranche B Commitment; provided, however, that after giving effect to any Committed Borrowing made by the Tranche B Lenders, (i) the Total Outstandings applicable to TCCI shall not exceed the Aggregate Tranche B Commitments, and (ii) the aggregate Outstanding Amount of the Committed Tranche B Loans of any Tranche B Lender plus such Lender’s ratable share of the Outstanding Amount of all Swing Line Loans made to TCCI shall not exceed such Lender’s Tranche B Commitment. Within the limits of each Lender’s Tranche B Commitment, and subject to the other terms and conditions hereof, TCCI may borrow under this Section 2.1(b), prepay under Section 2.4, and, unless converted to a Term Loan pursuant to Section 2.13(c), reborrow under this Section 2.1(b). Committed Tranche B Loans may be Base Rate Loans, Eurocurrency Rate Loans, Loans or Canadian Prime Rate Loans, Bankers’ Acceptances or BA Equivalent Notes, as further provided herein. (c) Subject to the terms and conditions set forth herein, each Tranche C Lender severally agrees to make loans in Australian Dollars (each such loan, a “Committed Tranche C Loan”) to TFA the Tranche C Borrower on any Business Day during the Tranche C Availability Period of such Tranche C LenderPeriod, in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s Tranche C Commitment; provided, however, that after giving effect to any Committed Borrowing made by the Tranche C Lenders, (i) the Total Outstandings applicable to TFA the Tranche C Borrower shall not exceed the Aggregate Tranche C Commitments, and (ii) the aggregate Outstanding Amount of the Committed Tranche C Loans of any Tranche C Lender plus such Lender’s ratable share of the Outstanding Amount of all Swing Line Loans made to TFA the Tranche C Borrower plus, in the case of a Tranche C Lender that is, or has an Affiliate that is, a Swing Line Lender having a Swing Line Commitment in Australian Dollars and without duplication, such Lender’s (or Affiliate’s) Swing Line Loans made to TFA the Tranche C Borrower shall not exceed such Lender’s Tranche C Commitment. Within the limits of each Lender’s Tranche C Commitment, and subject to the other terms and conditions hereof, TFA the Tranche C Borrower may borrow under Tranche C pursuant to the terms set forth in this Section 2.1(c), prepay under Section 2.4, and, unless converted to a Term Loan pursuant to Section 2.13(c), reborrow under this Section 2.1(c). (d) After giving effect to Committed Loans made pursuant to this Section 2.1, the aggregate Outstanding Amount of all Loans (other than Money Market Loans) made by such Lender or its Affiliates shall not exceed such Lender’s Commitment Cap.

Appears in 2 contracts

Samples: 364 Day Credit Agreement (Toyota Motor Credit Corp), 364 Day Credit Agreement (Toyota Motor Credit Corp)

Committed Loans. (a) Subject to the terms and conditions set forth herein, each Tranche A Lender with a Commitment to make Committed Loans severally agrees to make loans in US Dollars or in one or more Alternative Currencies (each such loan, a “Committed Tranche A Loan”) to the Tranche A Borrowers Borrower (such loans to the Borrower collectively referred to as a "Committed Loan") as provided in Section 2.01(a) from time to time, on any Business Day during the Tranche A Availability Period of such Tranche A LenderPeriod, in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s Unused Tranche A 's Commitment; provided, however, that after giving effect to any Borrowing of a Committed Loan, the total amount of outstanding Committed Loans borrowed in Dollars plus the Dollar Equivalent of all Eurocurrency Loans plus all L/C Obligations (collectively, the "outstanding obligations") shall not at any time exceed the Aggregate Commitments for Committed Loans (the difference between the Aggregate Committed Loan Commitments and the outstanding 4310184v5 obligations is referred to as the "Remaining Availability") and the aggregate Outstanding Amount of the Committed Loans of any Lender, plus such Lender's Applicable Percentage of the Outstanding Amount of all L/C Obligations shall not exceed such Lender's Commitment at such timefor Committed Loans. Within the limits of each Lender’s Unused Tranche A 's Commitment, and subject to the other terms and conditions hereof, the Tranche A Borrowers Borrower may borrow under this Section 2.1(a2.01(a), prepay under Section 2.42.06, and reborrow under this Section 2.1(a2.01(a). Committed Tranche A Loans may be Base Rate Loans or Eurocurrency Eurodollar Rate Loans, as further provided herein. (b) Subject to the terms and conditions set forth herein, each Tranche B the UK Lender severally agrees to make loans Eurocurrency Loans to TCCI Cross UK as provided in US Dollars or in one or more Alternative Currencies, and (iSection 2.01(b) in the case of a Tranche B Lender willing and able to accept Drafts, to create acceptances (“Bankers’ Acceptances”) by accepting Drafts and to purchase such Bankers’ Acceptances in accordance with Section 2.15(a) and (ii) in the case of a Tranche B Lender which is unwilling or unable to accept Drafts, to purchase completed Drafts, which will not be accepted by the Tranche B Lender or any other Tranche B Lender in accordance with Section 2.15 from time to time, on any Business Day during the Tranche B Availability Period of such Tranche B Lender, in an aggregate amount not to exceed at any time outstanding the amount of such UK Lender’s Tranche B 's Commitment; provided, provided however, that after giving effect to any Committed Borrowing made by the Tranche B Lendersfor a Eurocurrency Loan, (i) the Total Outstandings applicable to TCCI shall not exceed the Aggregate Tranche B Commitments, Lesser of (x) the Eurocurrency Loan Limit and (iiy) the aggregate Outstanding Amount of Remaining Availability. During the Committed Tranche B Loans of any Tranche B Lender plus such Lender’s ratable share of the Outstanding Amount of all Swing Line Loans made to TCCI shall not exceed such Lender’s Tranche B Commitment. Within the limits of each Lender’s Tranche B CommitmentAvailability Period, and and, subject to the other terms and conditions hereof, TCCI the Borrower agrees that Cross UK may borrow under this Section 2.1(b2.01(b), prepay under Section 2.4, and, 2.06 and reborrow under this Section 2.1(b). Committed Tranche B Loans may be Base Rate Loans, Eurocurrency Rate Loans, Canadian Prime Rate Loans, Bankers’ Acceptances or BA Equivalent Notes, as further provided herein. (c) Subject to the terms and conditions set forth herein, each Tranche C Lender severally agrees to make loans in Australian Dollars (each such loan, a “Committed Tranche C Loan”) to TFA on any Business Day during the Tranche C Availability Period of such Tranche C Lender, in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s Tranche C Commitment; provided, however, that after giving effect to any Committed Borrowing made by the Tranche C Lenders, (i) the Total Outstandings applicable to TFA shall not exceed the Aggregate Tranche C Commitments, and (ii) the aggregate Outstanding Amount of the Committed Tranche C Loans of any Tranche C Lender plus such Lender’s ratable share of the Outstanding Amount of all Swing Line Loans made to TFA plus, in the case of a Tranche C Lender that is, or has an Affiliate that is, a Swing Line Lender having a Swing Line Commitment in Australian Dollars and without duplication, such Lender’s (or Affiliate’s) Swing Line Loans made to TFA shall not exceed such Lender’s Tranche C Commitment. Within the limits of each Lender’s Tranche C Commitment, and subject to the other terms and conditions hereof, TFA may borrow under this Section 2.1(c), prepay under Section 2.4, and, reborrow under this Section 2.1(c2.01(b). (d) After giving effect to Committed Loans made pursuant to this Section 2.1, the aggregate Outstanding Amount of all Loans (other than Money Market Loans) made by such Lender or its Affiliates shall not exceed such Lender’s Commitment Cap.

Appears in 2 contracts

Samples: Credit Agreement (Cross a T Co), Credit Agreement (Cross a T Co)

Committed Loans. (a) Subject to the terms and conditions set forth herein, each Tranche A Lender severally agrees to make loans in US Dollars or in one or more Alternative Currencies (each such loan, a “Committed Tranche A Loan”) to the Tranche A Borrowers from time to time, on any Business Day during the Tranche A Availability Period of such Tranche A Lender, in an amount not to exceed the amount of such Lender’s Unused Tranche A Commitment at such time. Within the limits of each Lender’s Unused Tranche A Commitment, and subject to the other terms and conditions hereof, the Tranche A Borrowers may borrow under this Section 2.1(a), prepay under Section 2.4, and reborrow under this Section 2.1(a). Committed Tranche A Loans may be Base Rate Loans, Term Rate Loans or Eurocurrency Rate SXXXX Loans, as further provided herein. (b) Subject to the terms and conditions set forth herein, each Tranche B Lender severally agrees to make loans to TCCI in US Dollars or in one or more Alternative CurrenciesCurrencies (each such loan, and (i) in the case of a “Committed Tranche B Lender willing and able to accept Drafts, to create acceptances (“Bankers’ AcceptancesLoan) by accepting Drafts and to purchase such Bankers’ Acceptances in accordance with Section 2.15(a) and (ii) in the case of a Tranche B Lender which is unwilling or unable to accept Drafts, to purchase completed Drafts, which will not be accepted by the Tranche B Lender or any other Tranche B Lender in accordance with Section 2.15 from time to time), on any Business Day during the Tranche B Availability Period of such Tranche B Lender, in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s Tranche B Commitment; provided, however, that after giving effect to any Committed Borrowing made by the Tranche B Lenders, (i) the Total Outstandings applicable to TCCI shall not exceed the Aggregate Tranche B Commitments, and (ii) the aggregate Outstanding Amount of the Committed Tranche B Loans of any Tranche B Lender plus such Lender’s ratable share of the Outstanding Amount of all Swing Line Loans made to TCCI shall not exceed such Lender’s Tranche B Commitment. Within the limits of each Lender’s Tranche B Commitment, and subject to the other terms and conditions hereof, TCCI may borrow under this Section 2.1(b), prepay under Section 2.4, and, reborrow under this Section 2.1(b). Committed Tranche B Loans may be Base Rate Loans, Eurocurrency Term Rate Loans, SXXXX Loans or Canadian Prime Rate Loans, Bankers’ Acceptances or BA Equivalent Notes, as further provided herein. (c) Subject to the terms and conditions set forth herein, each Tranche C Lender severally agrees to make loans in Australian Dollars (each such loan, a “Committed Tranche C Loan”) to TFA the Tranche C Borrower on any Business Day during the Tranche C Availability Period of such Tranche C Lender, in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s Tranche C Commitment; provided, however, that after giving effect to any Committed Borrowing made by the Tranche C Lenders, (i) the Total Outstandings applicable to TFA the Tranche C Borrower shall not exceed the Aggregate Tranche C Commitments, and (ii) the aggregate Outstanding Amount of the Committed Tranche C Loans of any Tranche C Lender plus such Lender’s ratable share of the Outstanding Amount of all Swing Line Loans made to TFA the Tranche C Borrower plus, in the case of a Tranche C Lender that is, or has an Affiliate that is, a Swing Line Lender having a Swing Line Commitment in Australian Dollars and without duplication, such Lender’s (or Affiliate’s) Swing Line Loans made to TFA the Tranche C Borrower shall not exceed such Lender’s Tranche C Commitment. Within the limits of each Lender’s Tranche C Commitment, and subject to the other terms and conditions hereof, TFA the Tranche C Borrower may borrow under Tranche C pursuant to the terms set forth in this Section 2.1(c), prepay under Section 2.4, and, reborrow under this Section 2.1(c). (d) After giving effect to Committed Loans made pursuant to this Section 2.1, the aggregate Outstanding Amount of all Loans (other than Money Market Loans) made by such Lender or its Affiliates shall not exceed such Lender’s Commitment Cap.

Appears in 2 contracts

Samples: Credit Agreement (Toyota Motor Credit Corp), Credit Agreement (Toyota Motor Credit Corp)

Committed Loans. (a) Subject to the terms and conditions set forth herein, each Tranche A Lender severally agrees to make loans (each such loan, a “Committed Loan”) to the Borrowers in US Dollars or in one or more Alternative Currencies (each such loan, a “Committed Tranche A Loan”) to the Tranche A Borrowers from time to time, on any Business Day during the Tranche A Availability Period of such Tranche A Lender, in an amount not to exceed the amount of such Lender’s Unused Tranche A Commitment at such time. Within the limits of each Lender’s Unused Tranche A Commitment, and subject to the other terms and conditions hereof, the Tranche A Borrowers may borrow under this Section 2.1(a), prepay under Section 2.4, and reborrow under this Section 2.1(a). Committed Tranche A Loans may be Base Rate Loans or Eurocurrency Rate Loans, as further provided herein. (b) Subject to the terms and conditions set forth herein, each Tranche B Lender severally agrees to make loans to TCCI in US Dollars or in one or more Alternative Currencies, and (i) in the case of a Tranche B Lender willing and able to accept Drafts, to create acceptances (“Bankers’ Acceptances”) by accepting Drafts and to purchase such Bankers’ Acceptances in accordance with Section 2.15(a) and (ii) in the case of a Tranche B Lender which is unwilling or unable to accept Drafts, to purchase completed Drafts, which will not be accepted by the Tranche B Lender or any other Tranche B Lender in accordance with Section 2.15 from time to time, on any Business Day during the Tranche B Availability Period of such Tranche B LenderPeriod, in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s Tranche B Commitment; provided, however, that after giving effect to any Committed Borrowing made by the Tranche B LendersBorrowing, (i) the Total Outstandings applicable to TCCI shall not exceed the Aggregate Tranche B Combined Commitments, and (ii) the 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 Tranche B Loans of any Tranche B Lender Lender, plus such Lender’s ratable share 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 made to TCCI shall not exceed such Lender’s Tranche B Commitment, (iv) the aggregate Outstanding Amount of all Designated UK Borrower Obligations shall not exceed the UK Sublimit, and (v) the aggregate Outstanding Amount of all Loans and L/C Obligations denominated in Alternative Currencies shall not exceed the 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 existing 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 Tranche B Commitment, and subject to the other terms and conditions hereof, TCCI the Borrowers may borrow under this Section 2.1(b)2.01, prepay under Section 2.42.05, and, and reborrow under this Section 2.1(b)2.01. Committed Tranche B Loans may be Base Rate Loans, Loans or Eurocurrency Rate Loans, Canadian Prime Rate Loans, Bankers’ Acceptances or BA Equivalent Notes, as further provided herein. (c) Subject to the terms and conditions set forth herein, each Tranche C Lender severally agrees to make loans in Australian Dollars (each such loan, a “Committed Tranche C Loan”) to TFA on any Business Day during the Tranche C Availability Period of such Tranche C Lender, in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s Tranche C Commitment; provided, however, that after giving effect to any Committed Borrowing made by the Tranche C Lenders, (i) the Total Outstandings applicable to TFA shall not exceed the Aggregate Tranche C Commitments, and (ii) the aggregate Outstanding Amount of the Committed Tranche C Loans of any Tranche C Lender plus such Lender’s ratable share of the Outstanding Amount of all Swing Line Loans made to TFA plus, in the case of a Tranche C Lender that is, or has an Affiliate that is, a Swing Line Lender having a Swing Line Commitment in Australian Dollars and without duplication, such Lender’s (or Affiliate’s) Swing Line Loans made to TFA shall not exceed such Lender’s Tranche C Commitment. Within the limits of each Lender’s Tranche C Commitment, and subject to the other terms and conditions hereof, TFA may borrow under this Section 2.1(c), prepay under Section 2.4, and, reborrow under this Section 2.1(c). (d) After giving effect to Committed Loans made pursuant to this Section 2.1, the aggregate Outstanding Amount of all Loans (other than Money Market Loans) made by such Lender or its Affiliates shall not exceed such Lender’s Commitment Cap.

Appears in 2 contracts

Samples: Credit Agreement (Grant Prideco Inc), Credit Agreement (Grant Prideco Inc)

Committed Loans. (a) Subject to the terms and conditions set forth herein, each Tranche A US Lender severally agrees to make loans (each such loan, a “Committed Loan”) to the US Borrower in US Dollars or in one or more Alternative Currencies (each such loan, a “Committed Tranche A Loan”) to the Tranche A Borrowers from time to time, on any Business Day during the Tranche A Availability Period of such Tranche A Lender, in an amount not to exceed the amount of such Lender’s Unused Tranche A Commitment at such time. Within the limits of each Lender’s Unused Tranche A Commitment, and subject to the other terms and conditions hereof, the Tranche A Borrowers may borrow under this Section 2.1(a), prepay under Section 2.4, and reborrow under this Section 2.1(a). Committed Tranche A Loans may be Base Rate Loans or Eurocurrency Rate Loans, as further provided herein. (b) Subject to the terms and conditions set forth herein, each Tranche B Lender severally agrees to make loans to TCCI in US Dollars or in one or more Alternative Currencies, and (i) in the case of a Tranche B Lender willing and able to accept Drafts, to create acceptances (“Bankers’ Acceptances”) by accepting Drafts and to purchase such Bankers’ Acceptances in accordance with Section 2.15(a) and (ii) in the case of a Tranche B Lender which is unwilling or unable to accept Drafts, to purchase completed Drafts, which will not be accepted by the Tranche B Lender or any other Tranche B Lender in accordance with Section 2.15 from time to time, on any Business Day during the Tranche B Availability Period of such Tranche B LenderPeriod, in an aggregate amount not to exceed at any time outstanding the amount of such US Lender’s Tranche B Commitment; provided, however, that after giving effect to any Committed Borrowing made by the Tranche B LendersBorrowing, (i) the US Total Outstandings applicable to TCCI shall not exceed the Aggregate Tranche B Commitments, and (ii) the aggregate Outstanding Amount of the Committed Tranche B Loans of any Tranche B Lender US Lender, plus such US Lender’s ratable share 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 made to TCCI shall not exceed such US Lender’s Tranche B Commitment, and (iii) the aggregate Outstanding Amount of all Committed Loans denominated in Alternative Currencies shall not exceed the Alternative Currency Sublimit. Within the limits of each US Lender’s Tranche B Commitment, and subject to the other terms and conditions hereof, TCCI the US Borrower may borrow under this Section 2.1(b)2.01, prepay under Section 2.42.06, and, and reborrow under this Section 2.1(b)2.01. Committed Tranche B Loans may be Base Rate Loans, Loans or Eurocurrency Rate Loans, Canadian Prime Rate Loans, Bankers’ Acceptances or BA Equivalent Notes, as further provided herein. (c) Subject to the terms and conditions set forth herein, each Tranche C Lender severally agrees to make loans in Australian Dollars (each such loan, a “Committed Tranche C Loan”) to TFA on any Business Day during the Tranche C Availability Period of such Tranche C Lender, in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s Tranche C Commitment; provided, however, that after giving effect to any Committed Borrowing made by on the Tranche C Lenders, (i) Third Restatement Date shall be made as Base Rate Loans unless the Total Outstandings applicable to TFA shall US Borrower delivers a funding indemnity letter not exceed the Aggregate Tranche C Commitments, and (ii) the aggregate Outstanding Amount of the Committed Tranche C Loans of any Tranche C Lender plus such Lender’s ratable share of the Outstanding Amount of all Swing Line Loans made to TFA plus, in the case of a Tranche C Lender that is, or has an Affiliate that is, a Swing Line Lender having a Swing Line Commitment in Australian Dollars and without duplication, such Lender’s (or Affiliate’s) Swing Line Loans made to TFA shall not exceed such Lender’s Tranche C Commitment. Within the limits of each Lender’s Tranche C Commitment, and subject less than three Business Days prior to the other terms and conditions hereof, TFA may borrow under this Section 2.1(c), prepay under Section 2.4, and, reborrow under this Section 2.1(c)Third Restatement Date. (d) After giving effect to Committed Loans made pursuant to this Section 2.1, the aggregate Outstanding Amount of all Loans (other than Money Market Loans) made by such Lender or its Affiliates shall not exceed such Lender’s Commitment Cap.

Appears in 2 contracts

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

Committed Loans. (a) Subject to the terms and conditions set forth herein, (i) each Tranche A Multicurrency Revolving Credit Lender severally agrees to make loans (each such loan, a “Multicurrency Revolving Credit Loan”) to the Borrowers in US Dollars or in one or more Alternative Currencies (each such loan, a “Committed Tranche A Loan”) to the Tranche A Borrowers from time to time, on any Business Day during the Tranche A Availability Period of such Tranche A Lenderfor the Multicurrency Revolving Credit Facility, in an aggregate amount not to exceed at any time outstanding such Multicurrency Revolving Credit Lender’s Multicurrency Revolving Credit Commitment and (ii) each US Dollar Revolving Credit Lender severally agrees to make loans (each such loan, a “US Dollar Revolving Credit Loan” and, together with the Multicurrency Revolving Credit Loans, the “Revolving Credit Loans”) to the Borrowers in Dollars from time to time, on any Business Day during the Availability Period for the US Dollar Revolving Credit Facility, in an aggregate amount not to exceed at any time outstanding the amount of such US Dollar Revolving Credit Lender’s Unused Tranche A US Dollar Revolving Credit Commitment; provided, however, that after giving effect to any Committed Borrowing of Revolving Credit Loans, (i) the Total Revolving Credit Outstandings shall not exceed the Revolving Credit Commitments, (ii) the Multicurrency Revolving Credit Exposure of any Multicurrency Revolving Credit Lender shall not exceed such Multicurrency Revolving Credit Lender’s Multicurrency Revolving Credit Commitment at and (iii) the US Dollar Revolving Credit Exposure of any US Dollar Revolving Credit Lender shall not exceed such timeUS Dollar Revolving Credit Lender’s US Dollar Revolving Credit Commitment. Within the limits of each LenderRevolving Credit Xxxxxx’s Unused Tranche A Revolving Credit Commitment, and subject to the other terms and conditions hereof, the Tranche A Borrowers may borrow under this Section 2.1(a)2.01, prepay under Section 2.42.05, and reborrow under this Section 2.1(a)2.01. Committed Tranche A Revolving Credit Loans may be Base Rate Loans or Eurocurrency Rate Loans, as further provided herein. (b) Subject to the terms and conditions set forth herein, each Tranche B Lender severally agrees to make loans to TCCI in US Dollars or in one or more Alternative Currencies, and (i) in the case of a Tranche B Lender willing and able to accept Drafts, to create acceptances (“Bankers’ Acceptances”) by accepting Drafts and to purchase such Bankers’ Acceptances in accordance with Section 2.15(a) and (ii) in the case of a Tranche B Lender which is unwilling or unable to accept Drafts, to purchase completed Drafts, which will not be accepted by the Tranche B Lender or any other Tranche B Lender in accordance with Section 2.15 from time to time, on any Business Day during the Tranche B Availability Period of such Tranche B Lender, in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s Tranche B Commitment; provided, however, that after giving effect to any Committed Borrowing made by the Tranche B Lenders, (i) the Total Outstandings applicable to TCCI shall not exceed the Aggregate Tranche B Commitments, and (ii) the aggregate Outstanding Amount of the Committed Tranche B Loans of any Tranche B Lender plus such Lender’s ratable share of the Outstanding Amount of all Swing Line Loans made to TCCI shall not exceed such Lender’s Tranche B Commitment. Within the limits of each Lender’s Tranche B Commitment, and subject to the other terms and conditions hereof, TCCI may borrow under this Section 2.1(b), prepay under Section 2.4, and, reborrow under this Section 2.1(b). Committed Tranche B Loans may be Base Rate Loans, Eurocurrency Rate Loans, Canadian Prime Rate Loans, Bankers’ Acceptances or BA Equivalent Notes, as further provided herein. (c) Subject to the terms and conditions set forth herein, each Tranche C Lender severally agrees to make loans in Australian Dollars (each such loan, a “Committed Tranche C Loan”) to TFA on any Business Day during the Tranche C Availability Period of such Tranche C Lender, in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s Tranche C Commitment; provided, however, that after giving effect to any Committed Borrowing made by the Tranche C Lenders, (i) the Total Outstandings applicable to TFA shall not exceed the Aggregate Tranche C Commitments, and (ii) the aggregate Outstanding Amount of the Committed Tranche C Loans of any Tranche C Lender plus such Lender’s ratable share of the Outstanding Amount of all Swing Line Loans made to TFA plus, in the case of a Tranche C Lender that is, or has an Affiliate that is, a Swing Line Lender having a Swing Line Commitment in Australian Dollars and without duplication, such Lender’s (or Affiliate’s) Swing Line Loans made to TFA shall not exceed such Lender’s Tranche C Commitment. Within the limits of each Lender’s Tranche C Commitment, and subject to the other terms and conditions hereof, TFA may borrow under this Section 2.1(c), prepay under Section 2.4, and, reborrow under this Section 2.1(c). (d) After giving effect to Committed Loans made pursuant to this Section 2.1, the aggregate Outstanding Amount of all Loans (other than Money Market Loans) made by such Lender or its Affiliates shall not exceed such Lender’s Commitment Cap.

Appears in 2 contracts

Samples: Credit Agreement (Smithfield Foods Inc), Credit Agreement (Smithfield Foods Inc)

Committed Loans. (a) Subject to the terms and conditions set forth herein, (i) each Tranche A Multicurrency Revolving Credit Lender severally agrees to make loans (each such loan, a “Multicurrency Revolving Credit Loan”) to the Borrowers in US Dollars or in one or more Alternative Currencies (each such loan, a “Committed Tranche A Loan”) to the Tranche A Borrowers from time to time, on any Business Day during the Tranche A Availability Period of such Tranche A Lenderfor the Multicurrency Revolving Credit Facility, in an aggregate amount not to exceed the amount of at any time outstanding such Multicurrency Revolving Credit Lender’s Unused Tranche A Multicurrency Revolving Credit Commitment at such time. Within the limits of and (ii) each Lender’s Unused Tranche A Commitment, and subject to the other terms and conditions hereof, the Tranche A Borrowers may borrow under this Section 2.1(a), prepay under Section 2.4, and reborrow under this Section 2.1(a). Committed Tranche A Loans may be Base Rate Loans or Eurocurrency Rate Loans, as further provided herein. (b) Subject to the terms and conditions set forth herein, each Tranche B US Dollar Revolving Credit Lender severally agrees to make loans to TCCI in (each such loan, a “US Dollars or in one or more Alternative CurrenciesDollar Revolving Credit Loan” and, and (i) in together with the case of a Tranche B Lender willing and able to accept DraftsMulticurrency Revolving Credit Loans, to create acceptances (the Bankers’ AcceptancesRevolving Credit Loans”) by accepting Drafts and to purchase such Bankers’ Acceptances the Borrowers in accordance with Section 2.15(a) and (ii) in the case of a Tranche B Lender which is unwilling or unable to accept Drafts, to purchase completed Drafts, which will not be accepted by the Tranche B Lender or any other Tranche B Lender in accordance with Section 2.15 Dollars from time to time, on any Business Day during the Tranche B Availability Period of such Tranche B Lenderfor the US Dollar Revolving Credit Facility, in an aggregate amount not to exceed at any time outstanding the amount of such US Dollar Revolving Credit Lender’s Tranche B 's US Dollar Revolving Credit Commitment; provided, however, that after giving effect to any Committed Borrowing made by the Tranche B Lendersof Revolving Credit Loans, (i) the Total Revolving Credit Outstandings applicable to TCCI shall not exceed the Aggregate Tranche B Revolving Credit Commitments, and (ii) the aggregate Outstanding Amount of the Committed Tranche B Loans Multicurrency Revolving Credit Exposure of any Tranche B Multicurrency Revolving Credit Lender plus such Lender’s ratable share of the Outstanding Amount of all Swing Line Loans made to TCCI shall not exceed such Multicurrency Revolving Credit Lender’s Tranche B 's Multicurrency Revolving Credit Commitment and (iii) the US Dollar Revolving Credit Exposure of any US Dollar Revolving Credit Lender shall not exceed such US Dollar Revolving Credit Lender's US Dollar Revolving Credit Commitment. Within the limits of each LenderRevolving Credit Xxxxxx’s Tranche B Revolving Credit Commitment, and subject to the other terms and conditions hereof, TCCI the Borrowers may borrow under this Section 2.1(b)2.01, prepay under Section 2.42.05, and, and reborrow under this Section 2.1(b)2.01. Committed Tranche B Revolving Credit Loans may be Base Rate Loans, Term SOFR Loans or Eurocurrency Rate Loans, Canadian Prime Rate Loans, Bankers’ Acceptances or BA Equivalent Notes, as further provided herein. (c) Subject to the terms and conditions set forth herein, each Tranche C Lender severally agrees to make loans in Australian Dollars (each such loan, a “Committed Tranche C Loan”) to TFA on any Business Day during the Tranche C Availability Period of such Tranche C Lender, in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s Tranche C Commitment; provided, however, that after giving effect to any Committed Borrowing made by the Tranche C Lenders, (i) the Total Outstandings applicable to TFA shall not exceed the Aggregate Tranche C Commitments, and (ii) the aggregate Outstanding Amount of the Committed Tranche C Loans of any Tranche C Lender plus such Lender’s ratable share of the Outstanding Amount of all Swing Line Loans made to TFA plus, in the case of a Tranche C Lender that is, or has an Affiliate that is, a Swing Line Lender having a Swing Line Commitment in Australian Dollars and without duplication, such Lender’s (or Affiliate’s) Swing Line Loans made to TFA shall not exceed such Lender’s Tranche C Commitment. Within the limits of each Lender’s Tranche C Commitment, and subject to the other terms and conditions hereof, TFA may borrow under this Section 2.1(c), prepay under Section 2.4, and, reborrow under this Section 2.1(c). (d) After giving effect to Committed Loans made pursuant to this Section 2.1, the aggregate Outstanding Amount of all Loans (other than Money Market Loans) made by such Lender or its Affiliates shall not exceed such Lender’s Commitment Cap.

Appears in 2 contracts

Samples: Credit Agreement (Smithfield Foods Inc), Credit Agreement (Smithfield Foods Inc)

Committed Loans. (a) Subject to the terms and conditions set forth herein, each Tranche A Lender severally agrees to make loans in US Dollars or in one or more Alternative Currencies (each such loan, a “Committed Tranche A Loan”) to the Tranche A Borrowers Borrower in each Eligible Currency from time to time, on any Business Day during the Tranche A Availability Period of such Tranche A Lender, in an amount not to exceed the amount of such Lender’s Unused Tranche A Commitment at such time. Within the limits of each Lender’s Unused Tranche A Commitment, and subject to the other terms and conditions hereof, the Tranche A Borrowers may borrow under this Section 2.1(a), prepay under Section 2.4, and reborrow under this Section 2.1(a). Committed Tranche A Loans may be Base Rate Loans or Eurocurrency Rate Loans, as further provided herein. (b) Subject to the terms and conditions set forth herein, each Tranche B Lender severally agrees to make loans to TCCI in US Dollars or in one or more Alternative Currencies, and (i) in the case of a Tranche B Lender willing and able to accept Drafts, to create acceptances (“Bankers’ Acceptances”) by accepting Drafts and to purchase such Bankers’ Acceptances in accordance with Section 2.15(a) and (ii) in the case of a Tranche B Lender which is unwilling or unable to accept Drafts, to purchase completed Drafts, which will not be accepted by the Tranche B Lender or any other Tranche B Lender in accordance with Section 2.15 from time to time, on any Business Day during the Tranche B Availability Period of such Tranche B LenderPeriod, in an aggregate amount not to exceed at any time outstanding the amount of such LenderXxxxxx’s Tranche B Commitment; provided, however, that after giving effect to any Committed Borrowing made by the Tranche B LendersBorrowing, (i) the Total Outstandings applicable (plus the greater of (A) the Aggregate Unfunded Amount minus Cash credited to TCCI the Unfunded Exposure Account (excluding Excluded Amounts) and (B) zero) shall not exceed the Aggregate Tranche B Commitments, Commitments and (ii) the aggregate Outstanding Amount of the Committed Tranche B Loans Revolving Credit Exposure of any Tranche B Lender plus such Lender’s ratable share of the Outstanding Amount of all Swing Line Loans made to TCCI shall not exceed such LenderXxxxxx’s Tranche B Commitment. Within the limits of each Lender’s Tranche B Commitment, and subject to the other terms and conditions hereof, TCCI the Borrower may borrow under this Section 2.1(b)2.01, prepay under Section 2.42.03, and, and reborrow under this Section 2.1(b)2.01. Committed Tranche B Loans may be Base Rate Loans, Eurocurrency Term SOFR Loans, Alternative Currency Daily Rate Loans or Alternative Currency Term Rate Loans, Canadian Prime Rate Loans, Bankers’ Acceptances or BA Equivalent Notes, as further provided herein. . So long as no Borrowing Base Deficiency, Currency Asset Amount Shortfall or Default has occurred and is continuing, the Manager, on behalf of the Borrower, may provide a written request substantially in the form of Exhibit G hereto (c) Subject to the terms and conditions set forth hereinsuch request, each Tranche C Lender severally agrees to make loans in Australian Dollars (each such loan, a an Committed Tranche C LoanIncrease Request”) to TFA on any Business Day during the Tranche C Availability Period of such Tranche C Lender, Administrative Agent and the applicable Lender requesting an increase in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s Tranche C 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, however, 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 any Committed Borrowing made by the Tranche C Lenders, such Increase Request (iin whole or in part) the Total Outstandings applicable to TFA shall Aggregate Commitments may not exceed the Aggregate Tranche C CommitmentsMaximum Commitment Amount. If an Increase Request is approved (in whole or in part), and (ii) then the aggregate Outstanding Amount Administrative Agent shall notify the Manager, on behalf of the Committed Tranche C Loans of any Tranche C Lender plus such Lender’s ratable share Borrower, of the Outstanding Amount increase in the Commitment of all Swing Line Loans made to TFA plusthe applicable Lender and the effective date thereof. For the avoidance of doubt, in connection with any approved Increase Request, the case of a Tranche C Lender that is, or has an Affiliate that is, a Swing Line Lender having a Swing Line Commitment in Australian Dollars and without duplication, such Lender’s (or Affiliate’s) Swing Line Loans made to TFA Borrower shall not exceed such Lender’s Tranche C Commitment. Within the limits of each Lender’s Tranche C Commitment, and subject pay to the other terms Lender the applicable fees in the amounts and conditions hereof, TFA may borrow under this at the times specified in the Fee Letter as provided in Section 2.1(c), prepay under Section 2.4, and, reborrow under this Section 2.1(c2.07(c). (d) After giving effect to Committed Loans made pursuant to this Section 2.1, the aggregate Outstanding Amount of all Loans (other than Money Market Loans) made by such Lender or its Affiliates shall not exceed such Lender’s Commitment Cap.

Appears in 2 contracts

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

Committed Loans. (a) Subject to the terms and conditions set forth herein, (i) each Tranche A Multicurrency Revolving Credit Lender severally agrees to make loans (each such loan, a “Multicurrency Revolving Credit Loan”) to the Borrowers in US Dollars or in one or more Alternative Currencies (each such loan, a “Committed Tranche A Loan”) to the Tranche A Borrowers from time to time, on any Business Day during the Tranche A Availability Period of such Tranche A Lenderfor the Multicurrency Revolving Credit Facility, in an aggregate amount not to exceed the amount of at any time outstanding such Multicurrency Revolving Credit Lender’s Unused Tranche A Multicurrency Revolving Credit Commitment at such time. Within the limits of and (ii) each Lender’s Unused Tranche A Commitment, and subject to the other terms and conditions hereof, the Tranche A Borrowers may borrow under this Section 2.1(a), prepay under Section 2.4, and reborrow under this Section 2.1(a). Committed Tranche A Loans may be Base Rate Loans or Eurocurrency Rate Loans, as further provided herein. (b) Subject to the terms and conditions set forth herein, each Tranche B US Dollar Revolving Credit Lender severally agrees to make loans to TCCI in (each such loan, a “US Dollars or in one or more Alternative CurrenciesDollar Revolving Credit Loan” and, and (i) in together with the case of a Tranche B Lender willing and able to accept DraftsMulticurrency Revolving Credit Loans, to create acceptances (the Bankers’ AcceptancesRevolving Credit Loans”) by accepting Drafts and to purchase such Bankers’ Acceptances the Borrowers in accordance with Section 2.15(a) and (ii) in the case of a Tranche B Lender which is unwilling or unable to accept Drafts, to purchase completed Drafts, which will not be accepted by the Tranche B Lender or any other Tranche B Lender in accordance with Section 2.15 Dollars from time to time, on any Business Day during the Tranche B Availability Period of such Tranche B Lenderfor the US Dollar Revolving Credit Facility, in an aggregate amount not to exceed at any time outstanding the amount of such US Dollar Revolving Credit Lender’s Tranche B US Dollar Revolving Credit Commitment; provided, however, that after giving effect to any Committed Borrowing made by the Tranche B Lendersof Revolving Credit Loans, (i) the Total Revolving Credit Outstandings applicable to TCCI shall not exceed the Aggregate Tranche B Revolving Credit Commitments, and (ii) the aggregate Outstanding Amount of the Committed Tranche B Loans Multicurrency Revolving Credit Exposure of any Tranche B Multicurrency Revolving Credit Lender plus such Lender’s ratable share of the Outstanding Amount of all Swing Line Loans made to TCCI shall not exceed such Multicurrency Revolving Credit Lender’s Tranche B Multicurrency Revolving Credit Commitment and (iii) the US Dollar Revolving Credit Exposure of any US Dollar Revolving Credit Lender shall not exceed such US Dollar Revolving Credit Lender’s US Dollar Revolving Credit Commitment. Within the limits of each Revolving Credit Lender’s Tranche B Revolving Credit Commitment, and subject to the other terms and conditions hereof, TCCI the Borrowers may borrow under this Section 2.1(b)2.01, prepay under Section 2.42.05, and, and reborrow under this Section 2.1(b)2.01. Committed Tranche B Revolving Credit Loans may be Base Rate Loans, Term SOFR Loans or Eurocurrency Rate Loans, Canadian Prime Rate Loans, Bankers’ Acceptances or BA Equivalent Notes, as further provided herein. (c) Subject to the terms and conditions set forth herein, each Tranche C Lender severally agrees to make loans in Australian Dollars (each such loan, a “Committed Tranche C Loan”) to TFA on any Business Day during the Tranche C Availability Period of such Tranche C Lender, in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s Tranche C Commitment; provided, however, that after giving effect to any Committed Borrowing made by the Tranche C Lenders, (i) the Total Outstandings applicable to TFA shall not exceed the Aggregate Tranche C Commitments, and (ii) the aggregate Outstanding Amount of the Committed Tranche C Loans of any Tranche C Lender plus such Lender’s ratable share of the Outstanding Amount of all Swing Line Loans made to TFA plus, in the case of a Tranche C Lender that is, or has an Affiliate that is, a Swing Line Lender having a Swing Line Commitment in Australian Dollars and without duplication, such Lender’s (or Affiliate’s) Swing Line Loans made to TFA shall not exceed such Lender’s Tranche C Commitment. Within the limits of each Lender’s Tranche C Commitment, and subject to the other terms and conditions hereof, TFA may borrow under this Section 2.1(c), prepay under Section 2.4, and, reborrow under this Section 2.1(c). (d) After giving effect to Committed Loans made pursuant to this Section 2.1, the aggregate Outstanding Amount of all Loans (other than Money Market Loans) made by such Lender or its Affiliates shall not exceed such Lender’s Commitment Cap.

Appears in 2 contracts

Samples: Amendment No. 2 to Credit Agreement (Smithfield Foods Inc), Credit Agreement (Smithfield Foods Inc)

Committed Loans. (a) Subject to the terms and conditions set forth hereinin this Agreement, each Tranche A Lender severally agrees agrees, to make loans in US Dollars or in one or more Alternative Currencies (each such loanmake, a “Convert and Continue Committed Tranche A Loan”) to the Tranche A Borrowers from time to time, on any Business Day Loans during the Tranche A Availability Period of such Tranche A Lender, in an amount not to exceed the amount of such Lender’s Unused Tranche A Commitment at such time. Within the limits of each Lender’s Unused Tranche A Commitment, and subject to the other terms and conditions hereof, the Tranche A as Borrowers may borrow under this Section 2.1(a), prepay under Section 2.4, and reborrow under this Section 2.1(a). Committed Tranche A Loans may be Base Rate Loans or Eurocurrency Rate Loans, as further provided herein. (b) Subject to the terms and conditions set forth herein, each Tranche B Lender severally agrees to make loans to TCCI in US Dollars or in one or more Alternative Currencies, and (i) in the case of a Tranche B Lender willing and able to accept Drafts, to create acceptances (“Bankers’ Acceptances”) by accepting Drafts and to purchase such Bankers’ Acceptances in accordance with Section 2.15(a) and (ii) in the case of a Tranche B Lender which is unwilling or unable to accept Drafts, to purchase completed Drafts, which will not be accepted by the Tranche B Lender or any other Tranche B Lender in accordance with Section 2.15 from time to time, on any Business Day during the Tranche B Availability Period of such Tranche B Lender, in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s Tranche B Commitmentrequest; provided, however, that after giving effect to any Committed Borrowing made by the Tranche B LendersBorrowing, (i) the Total Outstandings applicable to TCCI aggregate Outstanding Amount of all Loans and Letter of Credit Usage shall not exceed the Aggregate Tranche B Commitments, and (ii) the aggregate Outstanding Amount of the Committed Tranche B Loans of any Tranche B Lender Lender, plus such Lender’s ratable share Pro Rata Share of the Outstanding Amount of all Letter of Credit Usage, plus such Lender’s Pro Rata Share of the Outstanding Amount of all Swing Line Loans made to TCCI shall not exceed such Lender’s Tranche B Commitment; provided, further, that the Commitments of Lenders shall be adjusted to give effect to any assignments of the Commitments pursuant to Section 10.6. Within the limits of each Lender’s Tranche B Commitment, and subject Subject to the foregoing and other terms and conditions hereof, TCCI Borrowers may borrow under this Section 2.1(b)borrow, Convert, Continue, prepay under Section 2.4and reborrow Committed Loans as set forth herein without premium or penalty. (b) Loans made by each Lender shall be evidenced by one or more loan accounts or records maintained by such Lender in the ordinary course of business. Upon the request of any Lender made through Administrative Agent, and, reborrow under this Section 2.1(b). Committed Tranche B such Lender’s Loans may be Base Rate Loans, Eurocurrency Rate Loans, Canadian Prime Rate Loans, Bankers’ Acceptances evidenced by one or BA Equivalent more Committed Loan Notes, as further provided hereininstead of or in addition to loan accounts. (Each such Lender may endorse on the schedules annexed to its Committed Loan Note(s) the date, amount and maturity of its Committed Loans and payments with respect thereto. (c) Subject to the terms and conditions set forth hereinSuch loan accounts, each Tranche C Lender severally agrees to make loans in Australian Dollars (each such loan, a “records or Committed Tranche C Loan”) to TFA on any Business Day during the Tranche C Availability Period Loan Notes shall be conclusive absent manifest error of such Tranche C Lender, in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s Tranche C Commitment; providedLoans and payments thereon. Any failure so to record or any error in doing so shall not, however, that after giving effect limit or otherwise affect the obligation of Borrowers to pay any Committed Borrowing made by the Tranche C Lenders, (i) the Total Outstandings applicable to TFA shall not exceed the Aggregate Tranche C Commitments, and (ii) the aggregate Outstanding Amount of the Committed Tranche C Loans of any Tranche C Lender plus such Lender’s ratable share of the Outstanding Amount of all Swing Line Loans made to TFA plus, in the case of a Tranche C Lender that is, or has an Affiliate that is, a Swing Line Lender having a Swing Line Commitment in Australian Dollars and without duplication, such Lender’s (or Affiliate’s) Swing Line Loans made to TFA shall not exceed such Lender’s Tranche C Commitment. Within the limits of each Lender’s Tranche C Commitment, and subject amount owing with respect to the other terms and conditions hereof, TFA may borrow under this Section 2.1(c), prepay under Section 2.4, and, reborrow under this Section 2.1(c)Loans. (d) After giving effect to Committed Loans made pursuant to this Section 2.1, the aggregate Outstanding Amount of all Loans (other than Money Market Loans) made by such Lender or its Affiliates shall not exceed such Lender’s Commitment Cap.

Appears in 2 contracts

Samples: Credit Agreement (Reliance Steel & Aluminum Co), Credit Agreement (Reliance Steel & Aluminum Co)

Committed Loans. (a) Subject to the terms and conditions set forth herein, each Tranche A Lender severally agrees to make loans in US Dollars or in one or more Alternative Currencies (each such loan, a "Committed Tranche A Loan") to the Tranche A Borrowers TMCC from time to time, on any Business Day during the Tranche A Availability Period of such Tranche A LenderPeriod, in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s Unused 's Tranche A Commitment at Commitment; provided, however, that after giving effect to any Committed Tranche A Borrowing, (i) the Total Outstandings applicable to TMCC shall not exceed the Aggregate Tranche A Commitments, and (ii) the aggregate Outstanding Amount of the Committed Tranche A Loans of any Tranche A Lender shall not exceed such timeLender's Tranche A Commitment. Within the limits of each Lender’s Unused 's Tranche A Commitment, and subject to the other terms and conditions hereof, the Tranche A Borrowers TMCC may borrow under this Section 2.1(a), prepay under Section 2.4, and and, unless converted to a Term Loan pursuant to Section 2.13(c), reborrow under this Section 2.1(a). Committed Tranche A Loans may be Base Rate Loans or Eurocurrency Eurodollar Rate Loans, as further provided herein. (b) Subject to the terms and conditions set forth herein, each Tranche B Lender severally agrees to make loans to TCCI in US Dollars or in one or more Alternative Currencies(each such loan, and (i) in the case of a "Committed Tranche B Lender willing and able Loan") to accept Drafts, to create acceptances (“Bankers’ Acceptances”) by accepting Drafts and to purchase such Bankers’ Acceptances in accordance with Section 2.15(a) and (ii) in the case of a Tranche B Lender which is unwilling or unable to accept Drafts, to purchase completed Drafts, which will not be accepted by the Tranche B Lender or any other Tranche B Lender in accordance with Section 2.15 TCPR from time to time, on any Business Day during the Tranche B Availability Period of such Tranche B LenderPeriod, in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s 's Tranche B Commitment; provided, however, that after giving effect to any Committed Borrowing made by the Tranche B LendersBorrowing, (i) the Total Outstandings applicable to TCCI TCPR shall not exceed the Aggregate Tranche B Commitments, and (ii) the aggregate Outstanding Amount of the Committed Tranche B Loans of any Tranche B Lender plus such Lender’s ratable share of the Outstanding Amount of all Swing Line Loans made to TCCI shall not exceed such Lender’s 's Tranche B Commitment. Within the limits of each Lender’s 's Tranche B Commitment, and subject to the other terms and conditions hereof, TCCI TCPR may borrow under this Section 2.1(b), prepay under Section 2.4, and, unless converted to a Term Loan pursuant to Section 2.13(c), reborrow under this Section 2.1(b). Committed Tranche B Loans may be Base Rate Loans, Eurocurrency Loans or Eurodollar Rate Loans, Canadian Prime Rate Loans, Bankers’ Acceptances or BA Equivalent Notes, as further provided herein. (c) Subject to the terms and conditions set forth herein, each Tranche C Lender severally agrees to make loans in Australian Dollars (each such loan, a “Committed Tranche C Loan”) to TFA on any Business Day during the Tranche C Availability Period of such Tranche C Lender, in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s Tranche C Commitment; provided, however, that after giving effect to any Committed Borrowing made by the Tranche C Lenders, (i) the Total Outstandings applicable to TFA shall not exceed the Aggregate Tranche C Commitments, and (ii) the aggregate Outstanding Amount of the Committed Tranche C Loans of any Tranche C Lender plus such Lender’s ratable share of the Outstanding Amount of all Swing Line Loans made to TFA plus, in the case of a Tranche C Lender that is, or has an Affiliate that is, a Swing Line Lender having a Swing Line Commitment in Australian Dollars and without duplication, such Lender’s (or Affiliate’s) Swing Line Loans made to TFA shall not exceed such Lender’s Tranche C Commitment. Within the limits of each Lender’s Tranche C Commitment, and subject to the other terms and conditions hereof, TFA may borrow under this Section 2.1(c), prepay under Section 2.4, and, reborrow under this Section 2.1(c). (d) After giving effect to Committed Loans made pursuant to this Section 2.1, the aggregate Outstanding Amount of all Loans (other than Money Market Loans) made by such Lender or its Affiliates shall not exceed such Lender’s Commitment Cap.

Appears in 2 contracts

Samples: 364 Day Credit Agreement (Toyota Motor Credit Corp), 364 Day Credit Agreement (Toyota Motor Credit Corp)

Committed Loans. (a) Subject to the terms and conditions set forth herein, each Tranche A Lender severally agrees to make revolving loans (each such loan, a “Revolving Credit Loan”) to each Borrower in US Dollars or in one or more Alternative Currencies (each such loan, a “Committed Tranche A Loan”) to the Tranche A Borrowers from time to time, on any Business Day during the Tranche A Availability Period of such Tranche A Lender, in an aggregate amount for all the Borrowers not to exceed at any time outstanding the amount of such Lender’s Unused Tranche A Commitment at Revolving Credit Commitment; provided, however, that after giving effect to any Committed Borrowing 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 Loans of any Lender, plus such timeLender’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 Revolving Credit Loans made to HIL shall not exceed the HIL Sublimit and (iv) the aggregate Outstanding Amount of all Revolving Credit Loans denominated in Alternative Currencies shall not exceed the Alternative Currency Sublimit. Within the limits of each Lender’s Unused Tranche A Revolving Credit Commitment, and subject to the other terms and conditions hereof, the Tranche A Borrowers each Borrower may borrow under this Section 2.1(a2.01(a), prepay under Section 2.42.05, and reborrow under this Section 2.1(a2.01(a). Committed Tranche A Revolving Credit Loans may be Base Rate Loans, Eurocurrency Rate Loans or Eurocurrency Peso Rate Loans, as further provided herein. 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 liability is derived by the other Borrowers as Guarantors of the Obligations of that Borrower). (b) Subject to the terms and conditions set forth herein, each Tranche B Term A Lender severally agrees to make loans to TCCI in US Dollars or in one or more Alternative Currenciesa single loan (each, and (i) in the case of a Tranche B Lender willing and able to accept Drafts, to create acceptances (Bankers’ AcceptancesTerm A Loan”) by accepting Drafts and to purchase such Bankers’ Acceptances in accordance with Section 2.15(a) and (ii) in Holdings on the case of a Tranche B Lender which is unwilling or unable to accept Drafts, to purchase completed Drafts, which will not be accepted by the Tranche B Lender or any other Tranche B Lender in accordance with Section 2.15 from time to time, on any Business Day during the Tranche B Availability Period of such Tranche B Lender, Restatement Effective Date in an aggregate amount not to exceed at any time outstanding such Term A Lender’s Term A Commitment. The Committed Borrowing of Term A Loans on the Restatement Effective Date shall consist of Term A Loans made simultaneously by the Term A Lenders in accordance with their respective Applicable Percentage of the Term A Facility. In the event that the aggregate amount of such Lender’s Tranche B Commitment; providedTerm A Loans requested by Holdings to be made on the Restatement Effective Date is less than the aggregate amount of the Term A Facility, however, that after giving effect the aggregate amount of the Term A Facility shall be reduced by an amount sufficient to any Committed Borrowing made by the Tranche B Lenders, cause (ix) the Total Outstandings applicable Term A Facility to TCCI shall not exceed the Aggregate Tranche B Commitmentsbe equal to such aggregate amount of Term A Loans, and (iiy) the aggregate Outstanding Amount of the Committed Tranche B Loans of any Tranche B Lender plus such each Term A Lender’s ratable share of Term A Commitment to be an amount equal to the Outstanding Amount of all Swing Line Term A Loans made to TCCI shall not exceed by such Lender’s Tranche B CommitmentTerm A Lender on the Restatement Effective Date. Within the limits of each Lender’s Tranche B Commitment, and subject to the other terms and conditions hereof, TCCI may borrow Amounts borrowed under this Section 2.1(b), prepay under Section 2.4, and, reborrow under this Section 2.1(b)2.01(b) and repaid or prepaid may not be reborrowed. Committed Tranche B Term A Loans may be Base Rate Loans, Eurocurrency Loans or Eurodollar Rate Loans, Canadian Prime Rate Loans, Bankers’ Acceptances or BA Equivalent Notes, as further provided herein. . The Term A Loans shall be the sole and several liability of Holdings, and the other Borrowers shall not be co-obligors or have any joint liability for, the Term A Loans (c) Subject except to the terms and conditions set forth herein, each Tranche C Lender severally agrees to make loans in Australian Dollars (each such loan, a “Committed Tranche C Loan”) to TFA on extent that any Business Day during the Tranche C Availability Period of such Tranche C Lender, in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s Tranche C Commitment; provided, however, that after giving effect to any Committed Borrowing made liability is derived by the Tranche C Lenders, (i) other Borrowers as Guarantors of the Total Outstandings applicable to TFA Obligations of Holdings). All Term A Loans shall not exceed the Aggregate Tranche C Commitmentsbe denominated in Dollars, and (ii) each Term A Lender hereby agrees and acknowledges that notwithstanding the aggregate Outstanding Amount provisions of the Committed Tranche C Loans of Section 10.01 or Section 1.06, any Tranche C Lender plus such Lender’s ratable share of the Outstanding Amount of all Swing Line Loans made to TFA plus, in the case of a Tranche C Lender that is, or has an Affiliate that is, a Swing Line Lender having a Swing Line Commitment in Australian Dollars and without duplication, such Lender’s (or Affiliate’s) Swing Line Loans made to TFA shall not exceed such Lender’s Tranche C Commitment. Within the limits of each Lender’s Tranche C Commitment, and subject to the other terms and conditions hereof, TFA may borrow under this Section 2.1(c), prepay under Section 2.4, and, reborrow under this Section 2.1(c). (d) After giving effect to Committed Loans determination made pursuant to this Section 2.1, 1.06 in respect of any additional Alternative Currencies shall be made solely by the aggregate Outstanding Amount Revolving Credit Lenders and without any right of all Loans (other than Money Market Loans) made approval by such Lender or its Affiliates shall not exceed such any Term A Lender’s Commitment Cap.

Appears in 2 contracts

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

Committed Loans. (a) Subject to the terms and conditions set forth herein, each Tranche A Lender severally agrees to make loans in US Dollars or in one or more Alternative Currencies (each such loan, a “Committed Tranche A Loan”) to the Tranche A Borrowers from time to time, on any Business Day during the Tranche A Availability Period of such Tranche A LenderPeriod, in an aggregate amount not to exceed at any time outstanding the lesser of (x) the amount of such Lender’s Unused Tranche A Commitment Commitment, or (y) such Lender’s Applicable Percentage of the Borrowing Base; subject in each case to the following limitations: (i) after giving effect to any Committed Borrowing, the Total Outstandings shall not exceed the Loan Cap, (ii) after giving effect to any Committed Borrowing, the aggregate Outstanding Amount of the Committed Loans of any Lender, plus such Lender’s Applicable Percentage of the Outstanding Amount of all LC 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 Outstanding Amount of all LC Obligations shall not at such timeany time exceed the Letter of Credit Sublimit. Within the limits of each Lender’s Unused Tranche A Commitment, and subject to the other terms and conditions hereof, the Tranche A Borrowers may borrow under this Section 2.1(a)2.01, prepay under Section 2.42.05, and reborrow under this Section 2.1(a)2.01. Committed Tranche A Loans may be Base Rate Loans Loans, or Eurocurrency LIBO Rate Loans, as further provided herein. (b) Subject The Administrative Agent shall have the right, at any time and from time to time after the terms and conditions set forth hereinClosing Date in their Permitted Discretion to establish, each Tranche B Lender severally agrees to make loans to TCCI modify or eliminate Reserves. The Administrative Agent will provide the Lead Borrower one (1) Business Day’s prior notice of the establishment of any new categories of Reserves or for changes in US Dollars or in one or more Alternative Currenciesthe methodology of the calculation of an existing category of Reserves, and provided, that, no such notice shall be required (i) in at any time that a Default or Event of Default shall exist or have occurred and be continuing, (ii) for changes to any Reserves resulting solely by virtue of mathematical calculations of the case amount of a Tranche B Lender willing and able to accept Drafts, to create acceptances (“Bankers’ Acceptances”) by accepting Drafts and to purchase such Bankers’ Acceptances the Reserve in accordance with Section 2.15(athe methodology of calculation previously utilized (such as, but not limited to, rent and Customer Credit Liabilities), or (iii) and for changes to categories of Reserves or methodology of calculation if a Material Adverse Effect has occurred or it would be reasonably likely to occur were such categories of Reserves or methodology not changed prior to the expiration of such one (ii1) in the case of a Tranche B Lender which is unwilling or unable to accept Drafts, to purchase completed Drafts, which will not be accepted by the Tranche B Lender or any other Tranche B Lender in accordance with Section 2.15 from time to time, on any Business Day during the Tranche B Availability Period of such Tranche B Lender, in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s Tranche B Commitment; provided, however, that after giving effect to any Committed Borrowing made by the Tranche B Lenders, (i) the Total Outstandings applicable to TCCI shall not exceed the Aggregate Tranche B Commitments, and (ii) the aggregate Outstanding Amount of the Committed Tranche B Loans of any Tranche B Lender plus such Lender’s ratable share of the Outstanding Amount of all Swing Line Loans made to TCCI shall not exceed such Lender’s Tranche B Commitment. Within the limits of each Lender’s Tranche B Commitment, and subject to the other terms and conditions hereof, TCCI may borrow under this Section 2.1(b), prepay under Section 2.4, and, reborrow under this Section 2.1(b). Committed Tranche B Loans may be Base Rate Loans, Eurocurrency Rate Loans, Canadian Prime Rate Loans, Bankers’ Acceptances or BA Equivalent Notes, as further provided hereinperiod. (c) Subject to the terms and conditions set forth herein, each Tranche C Lender severally agrees to make loans in Australian Dollars (each such loan, a “Committed Tranche C Loan”) to TFA on any Business Day during the Tranche C Availability Period of such Tranche C Lender, in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s Tranche C Commitment; provided, however, that after giving effect to any Committed Borrowing made by the Tranche C Lenders, (i) the Total Outstandings applicable to TFA shall not exceed the Aggregate Tranche C Commitments, and (ii) the aggregate Outstanding Amount of the Committed Tranche C Loans of any Tranche C Lender plus such Lender’s ratable share of the Outstanding Amount of all Swing Line Loans made to TFA plus, in the case of a Tranche C Lender that is, or has an Affiliate that is, a Swing Line Lender having a Swing Line Commitment in Australian Dollars and without duplication, such Lender’s (or Affiliate’s) Swing Line Loans made to TFA shall not exceed such Lender’s Tranche C Commitment. Within the limits of each Lender’s Tranche C Commitment, and subject to the other terms and conditions hereof, TFA may borrow under this Section 2.1(c), prepay under Section 2.4, and, reborrow under this Section 2.1(c). (d) After giving effect to Committed Loans made pursuant to this Section 2.1, the aggregate Outstanding Amount of all Loans (other than Money Market Loans) made by such Lender or its Affiliates shall not exceed such Lender’s Commitment Cap.

Appears in 1 contract

Samples: Credit Agreement (Supervalu Inc)

Committed Loans. (a) Subject to the terms and conditions set forth herein, each Tranche A Lender severally agrees to make loans in US Dollars or in one or more Alternative Currencies (each such loan, a “Committed Tranche A Loan”) to the Tranche A Borrowers from time to time, on any Business Day during the Tranche A Availability Period of such Tranche A Lender, in an amount not to exceed the amount of such Lender’s Unused Tranche A Commitment at such time. Within the limits of each Lender’s Unused Tranche A Commitment, and subject to the other terms and conditions hereof, the Tranche A Borrowers may borrow under this Section 2.1(a), prepay under Section 2.4, and reborrow under this Section 2.1(a). Committed Tranche A Loans may be Base Rate Loans or Eurocurrency Rate Loans, as further provided herein. (b) Subject to the terms and conditions set forth herein, each Tranche B Lender severally agrees to make loans to TCCI in US Dollars or in one or more Alternative Currencies, and (i) in the case of a Tranche B Lender willing and able to accept Drafts, to create acceptances (“Bankers’ Acceptances”) by accepting Drafts and to purchase such Bankers’ Acceptances in accordance with Section 2.15(a) and (ii) in the case of a Tranche B Lender which is unwilling or unable to accept Drafts, to purchase completed Drafts, which will not be accepted by the Tranche B Lender or any other Tranche B Lender in accordance with Section 2.15 from time to time, on any Business Day during the Tranche B Availability Period of such Tranche B Lender, in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s Tranche B Commitment; provided, however, that after giving effect to any Committed Borrowing made by the Tranche B Lenders, (i) the Total Outstandings applicable to TCCI shall not exceed the Aggregate Tranche B Commitments, and (ii) the aggregate Outstanding Amount of the Committed Tranche B Loans of any Tranche B Lender plus such Lender’s ratable share of the Outstanding Amount of all Swing Line Loans made to TCCI shall not exceed such Lender’s Tranche B Commitment. Within the limits of each Lender’s Tranche B Commitment, and subject to the other terms and conditions hereof, TCCI may borrow under this Section 2.1(b), prepay under Section 2.4, and, reborrow under this Section 2.1(b). Committed Tranche B Loans may be Base Rate Loans, Eurocurrency Rate Loans, Canadian Prime Rate Loans, Bankers’ Acceptances or BA Equivalent Notes, as further provided herein. (c) Subject to the terms and conditions set forth herein, each Tranche C Lender severally agrees to make loans in Australian Dollars (each such loan, a “Committed Tranche C Loan”) to TFA on any Business Day during the Tranche C Availability Period of such Tranche C Lender, in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s Tranche C Commitment; provided, however, that after giving effect to any Committed Borrowing made by the Tranche C Lenders, (i) the Total Outstandings applicable to TFA shall not exceed the Aggregate Tranche C Commitments, and (ii) the aggregate Outstanding Amount of the Committed Tranche C Loans of any Tranche C Lender plus such Lender’s ratable share of the Outstanding Amount of all Swing Line Loans made to TFA plus, in the case of a Tranche C Lender that is, or has an Affiliate that is, a Swing Line Lender having a Swing Line Commitment in Australian Dollars and without duplication, such Lender’s (or Affiliate’s) Swing Line Loans made to TFA shall not exceed such Lender’s Tranche C Commitment. Within the limits of each Lender’s Tranche C Commitment, and subject to the other terms and conditions hereof, TFA may borrow under this Section 2.1(c), prepay under Section 2.4, and, reborrow under this Section 2.1(c). (d) After giving effect to Committed Loans made pursuant to this Section 2.1, the aggregate Outstanding Amount of all Loans (other than Money Market Loans) made by such Lender or its Affiliates shall not exceed such Lender’s Commitment Cap.

Appears in 1 contract

Samples: Credit Agreement (Toyota Motor Credit Corp)

Committed Loans. (a) Subject to the terms and conditions set forth herein, each Tranche A Lender severally agrees to make loans in US Dollars or in one or more Alternative Currencies (each such loan, a “Committed Tranche A Loan”) to the Tranche A Borrowers from time to time, on any Business Day during the Tranche A Availability Period of such Tranche A Lender, in an amount not to exceed the amount of such Lender’s Unused Tranche A Commitment at such time. Within the limits of each Lender’s Unused Tranche A Commitment, and subject to the other terms and conditions hereof, the Tranche A Borrowers may borrow under this Section 2.1(a), prepay under Section 2.4, and reborrow under this Section 2.1(a). Committed Tranche A Loans may be Base Rate Loans or Eurocurrency Rate Loans, as further provided herein. (b) Subject to the terms and conditions set forth herein, each Tranche B Lender severally agrees to make loans to TCCI in US Dollars or in one or more Alternative Currencies, and (i) in the case of a Tranche B Lender willing and able to accept Drafts, to create acceptances (“Bankers’ Acceptances”) by accepting Drafts and to purchase such Bankers’ Acceptances in accordance with Section 2.15(a) and (ii) in the case of a Tranche B Lender which is unwilling or unable to accept Drafts, to purchase completed Drafts, which will not be accepted by the Tranche B Lender or any other Tranche B Lender in accordance with Section 2.15 from time to time, on any Business Day during the Tranche B Availability Period of such Tranche B Lender, in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s Tranche B Commitment; provided, however, that after giving effect to any Committed Borrowing made by the Tranche B Lenders, (i) the Total Outstandings applicable to TCCI shall not exceed the Aggregate Tranche B Commitments, and (ii) the aggregate Outstanding Amount of the Committed Tranche B Loans of any Tranche B Lender plus such Lender’s ratable share of the Outstanding Amount of all Swing Line Loans made to TCCI shall not exceed such Lender’s Tranche B Commitment. Within the limits of each Lender’s Tranche B Commitment, and subject to the other terms and conditions hereof, TCCI may borrow under this Section 2.1(b), prepay under Section 2.4, and, reborrow under this Section 2.1(b). Committed Tranche B Loans may be Base Rate Loans, Eurocurrency Rate Loans, Canadian Prime Rate Loans, Bankers’ Acceptances or BA Equivalent Notes, as further provided herein. (c) Subject to the terms and conditions set forth herein, each Tranche C Lender severally agrees to make loans in Australian Dollars (each such loan, a “Committed Tranche C Loan”) to TFA on any Business Day during the Tranche C Availability Period of such Tranche C Lender, in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s Tranche C Commitment; provided, however, that after giving effect to any Committed Borrowing made by the Tranche C Lenders, (i) the Total Outstandings applicable to TFA shall not exceed the Aggregate Tranche C Commitments, and (ii) the aggregate Outstanding Amount Toyota – Five Year Credit Agreement (2015) of the Committed Tranche C Loans of any Tranche C Lender plus such Lender’s ratable share of the Outstanding Amount of all Swing Line Loans made to TFA plus, in the case of a Tranche C Lender that is, or has an Affiliate that is, a Swing Line Lender having a Swing Line Commitment in Australian Dollars and without duplication, such Lender’s (or Affiliate’s) Swing Line Loans made to TFA shall not exceed such Lender’s Tranche C Commitment. Within the limits of each Lender’s Tranche C Commitment, and subject to the other terms and conditions hereof, TFA may borrow under this Section 2.1(c), prepay under Section 2.4, and, reborrow under this Section 2.1(c). (d) After giving effect to Committed Loans made pursuant to this Section 2.1, the aggregate Outstanding Amount of all Loans (other than Money Market Loans) made by such Lender or its Affiliates shall not exceed such Lender’s Commitment Cap.

Appears in 1 contract

Samples: Credit Agreement (Toyota Motor Credit Corp)

Committed Loans. (a) Subject to the terms and conditions set forth herein, each Tranche A Lender severally agrees to make loans in US Dollars or in one or more Alternative Currencies (each such loan, a “Committed Tranche A Loan”) to the Tranche A Borrowers Borrower in each Eligible Currency from time to time, on any Business Day during the Tranche A Availability Period of such Tranche A Lender, in an amount not to exceed the amount of such Lender’s Unused Tranche A Commitment at such time. Within the limits of each Lender’s Unused Tranche A Commitment, and subject to the other terms and conditions hereof, the Tranche A Borrowers may borrow under this Section 2.1(a), prepay under Section 2.4, and reborrow under this Section 2.1(a). Committed Tranche A Loans may be Base Rate Loans or Eurocurrency Rate Loans, as further provided herein. (b) Subject to the terms and conditions set forth herein, each Tranche B Lender severally agrees to make loans to TCCI in US Dollars or in one or more Alternative Currencies, and (i) in the case of a Tranche B Lender willing and able to accept Drafts, to create acceptances (“Bankers’ Acceptances”) by accepting Drafts and to purchase such Bankers’ Acceptances in accordance with Section 2.15(a) and (ii) in the case of a Tranche B Lender which is unwilling or unable to accept Drafts, to purchase completed Drafts, which will not be accepted by the Tranche B Lender or any other Tranche B Lender in accordance with Section 2.15 from time to time, on any Business Day during the Tranche B Availability Period of such Tranche B LenderPeriod, in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s Tranche B Commitment; provided, however, that after giving effect to any Committed Borrowing made by the Tranche B LendersBorrowing, (i) the Total Outstandings applicable (plus the greater of (A) the Aggregate Unfunded Amount minus Cash credited to TCCI the Unfunded Exposure Account (excluding Excluded Amounts) and (B) zero) shall not exceed the Aggregate Tranche B Commitments, Commitments and (ii) the aggregate Outstanding Amount of the Committed Tranche B Loans Revolving Credit Exposure of any Tranche B Lender plus such Lender’s ratable share of the Outstanding Amount of all Swing Line Loans made to TCCI shall not exceed such Lender’s Tranche B Commitment. Within the limits of each Lender’s Tranche B Commitment, and subject to the other terms and conditions hereof, TCCI the Borrower may borrow under this Section 2.1(b)2.01, prepay under Section 2.42.03, and, and reborrow under this Section 2.1(b)2.01. Committed Tranche B Loans may be Base Rate Loans, Loans or Eurocurrency Rate Loans, Canadian Prime Rate Loans, Bankers’ Acceptances or BA Equivalent Notes, as further provided herein. . So long as no Borrowing Base Deficiency, Currency Asset Amount Shortfall or Default has occurred and is continuing, the Manager, on behalf of the Borrower, may provide a written request substantially in the form of Exhibit G hereto (c) Subject to the terms and conditions set forth hereinsuch request, each Tranche C Lender severally agrees to make loans in Australian Dollars (each such loan, a an Committed Tranche C LoanIncrease Request”) to TFA on any Business Day during the Tranche C Availability Period of such Tranche C Lender, Administrative Agent and the applicable Lender requesting an increase in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s Tranche C 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, however, 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 any Committed Borrowing made by the Tranche C Lenders, such Increase Request (iin whole or in part) the Total Outstandings applicable to TFA shall Aggregate Commitments may not exceed the Aggregate Tranche C CommitmentsMaximum Commitment Amount. If an Increase Request is approved (in whole or in part), and (ii) then the aggregate Outstanding Amount Administrative Agent shall notify the Manager, on behalf of the Committed Tranche C Loans of any Tranche C Lender plus such Lender’s ratable share Borrower, of the Outstanding Amount increase in the Commitment of all Swing Line Loans made to TFA plusthe applicable Lender and the effective date thereof. For the avoidance of doubt, in connection with any approved Increase Request, the case of a Tranche C Lender that is, or has an Affiliate that is, a Swing Line Lender having a Swing Line Commitment in Australian Dollars and without duplication, such Lender’s (or Affiliate’s) Swing Line Loans made to TFA Borrower shall not exceed such Lender’s Tranche C Commitment. Within the limits of each Lender’s Tranche C Commitment, and subject pay to the other terms Lender the applicable fees in the amounts and conditions hereof, TFA may borrow under this at the times specified in the Fee Letter as provided in Section 2.1(c), prepay under Section 2.4, and, reborrow under this Section 2.1(c2.07(c). (d) After giving effect to Committed Loans made pursuant to this Section 2.1, the aggregate Outstanding Amount of all Loans (other than Money Market Loans) made by such Lender or its Affiliates shall not exceed such Lender’s Commitment Cap.

Appears in 1 contract

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

Committed Loans. (a) Subject to the terms and conditions set forth herein, each Tranche A Lender severally agrees to make loans in US Dollars or in one or more Alternative Currencies (each such loan, a "Committed Tranche A Loan") to the Tranche A Borrowers TMCC from time to time, on any Business Day during the Tranche A Availability Period of such Tranche A LenderPeriod, in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s Unused 's Tranche A Commitment at Commitment; provided, however, that after giving effect to any Committed Borrowing made by the Tranche A Lenders, (i) the Total Outstandings applicable to TMCC shall not exceed the Aggregate Tranche A Commitments, and (ii) the aggregate Outstanding Amount of the Committed Tranche A Loans of any Tranche A Lender shall not exceed such timeLender's Tranche A Commitment. Within the limits of each Lender’s Unused 's Tranche A Commitment, and subject to the other terms and conditions hereof, the Tranche A Borrowers TMCC may borrow under this Section 2.1(a), prepay under Section 2.4, and reborrow under this Section 2.1(a). Committed Tranche A Loans may be Base Rate Loans or Eurocurrency Eurodollar Rate Loans, as further provided herein. (b) Subject to the terms and conditions set forth herein, each Tranche B Lender severally agrees to make loans to TCCI in US Dollars or in one or more Alternative Currencies(each such loan, and (i) in the case of a "Committed Tranche B Lender willing and able Loan") to accept Drafts, to create acceptances (“Bankers’ Acceptances”) by accepting Drafts and to purchase such Bankers’ Acceptances in accordance with Section 2.15(a) and (ii) in the case of a Tranche B Lender which is unwilling or unable to accept Drafts, to purchase completed Drafts, which will not be accepted by the Tranche B Lender or any other Tranche B Lender in accordance with Section 2.15 TCPR from time to time, on any Business Day during the Tranche B Availability Period of such Tranche B LenderPeriod, in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s 's Tranche B Commitment; provided, however, that after giving effect to any Committed Borrowing made by the Tranche B Lenders, (i) the Total Outstandings applicable to TCCI TCPR shall not exceed the Aggregate Tranche B Commitments, and (ii) the aggregate Outstanding Amount of the Committed Tranche B Loans of any Tranche B Lender plus such Lender’s ratable share of the Outstanding Amount of all Swing Line Loans made to TCCI shall not exceed such Lender’s 's Tranche B Commitment. Within the limits of each Lender’s 's Tranche B Commitment, and subject to the other terms and conditions hereof, TCCI TCPR may borrow under this Section 2.1(b), prepay under Section 2.4, and, and reborrow under this Section 2.1(b). Committed Tranche B Loans may be Base Rate Loans, Eurocurrency Loans or Eurodollar Rate Loans, Canadian Prime Rate Loans, Bankers’ Acceptances or BA Equivalent Notes, as further provided herein. (c) Subject to the terms and conditions set forth herein, each Tranche C Lender severally agrees to make loans in Australian Dollars (each such loan, a “Committed Tranche C Loan”) to TFA on any Business Day during the Tranche C Availability Period of such Tranche C Lender, in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s Tranche C Commitment; provided, however, that after giving effect to any Committed Borrowing made by the Tranche C Lenders, (i) the Total Outstandings applicable to TFA shall not exceed the Aggregate Tranche C Commitments, and (ii) the aggregate Outstanding Amount of the Committed Tranche C Loans of any Tranche C Lender plus such Lender’s ratable share of the Outstanding Amount of all Swing Line Loans made to TFA plus, in the case of a Tranche C Lender that is, or has an Affiliate that is, a Swing Line Lender having a Swing Line Commitment in Australian Dollars and without duplication, such Lender’s (or Affiliate’s) Swing Line Loans made to TFA shall not exceed such Lender’s Tranche C Commitment. Within the limits of each Lender’s Tranche C Commitment, and subject to the other terms and conditions hereof, TFA may borrow under this Section 2.1(c), prepay under Section 2.4, and, reborrow under this Section 2.1(c). (d) After giving effect to Committed Loans made pursuant to this Section 2.1, the aggregate Outstanding Amount of all Loans (other than Money Market Loans) made by such Lender or its Affiliates shall not exceed such Lender’s Commitment Cap.

Appears in 1 contract

Samples: Credit Agreement (Toyota Motor Credit Corp)

Committed Loans. (a) Subject to the terms and conditions set forth herein, each Tranche A Revolving Loan Lender severally agrees to make loans in US Dollars or in one or more Alternative Currencies (each such loan, a “Committed Tranche A Loan”) Revolving Loans to the Tranche A Borrowers from time to time, on any Business Day during the Tranche A Availability Period of such Tranche A LenderPeriod, in an aggregate amount not to exceed at any time outstanding the lesser of (x) the amount of such Revolving Loan Lender’s Unused Tranche A Commitment Revolving Loan Commitment, or (y) such Revolving Loan Lender’s Applicable Percentage of the Revolving Borrowing Base; subject in each case to the following limitations: (i) after giving effect to any Committed Revolving Loan Borrowing, the Total Outstandings shall not exceed the Revolving Loan Cap, (ii) after giving effect to any Committed Revolving Loan Borrowing, the aggregate Outstanding Amount of the Committed Revolving Loans of any Revolving Loan Lender, plus such Revolving Loan Lender’s Applicable Percentage of the Outstanding Amount of all L/C Obligations, plus such Revolving Loan Lender’s Applicable Percentage of the Outstanding Amount of all Swing Line Loans shall not exceed such Lender’s Revolving Loan Commitment, and (iii) The Outstanding Amount of all L/C Obligations shall not at such timeany time exceed the Letter of Credit Sublimit. Within the limits of each Revolving Loan Lender’s Unused Tranche A Revolving Loan Commitment, and subject to the other terms and conditions hereof, the Tranche A Borrowers may borrow under this Section 2.1(a)2.01, prepay under Section 2.42.05, and reborrow under this Section 2.1(a). Committed Tranche A Loans may be Base Rate Loans or Eurocurrency Rate Loans, as further provided herein2.01. (b) Subject On the Fourth Restatement Date, and subject to the terms and conditions set forth herein, each Tranche B FILO Term Loan Lender severally agrees to make loans FILO Term Loans to TCCI in US Dollars or in one or more Alternative Currencies, and (i) in the case of a Tranche B Lender willing and able to accept Drafts, to create acceptances (“Bankers’ Acceptances”) by accepting Drafts and to purchase such Bankers’ Acceptances in accordance with Section 2.15(a) and (ii) in the case of a Tranche B Lender which is unwilling or unable to accept Drafts, to purchase completed Drafts, which will not be accepted by the Tranche B Lender or any other Tranche B Lender in accordance with Section 2.15 from time to time, on any Business Day during the Tranche B Availability Period of such Tranche B Lender, Borrowers in an aggregate amount not equal to exceed at any time outstanding the amount of set forth opposite such FILO Term Loan Lender’s Tranche B Commitment; provided, however, that after giving effect to any Committed Borrowing made by the Tranche B Lenders, (i) the Total Outstandings applicable to TCCI shall not exceed the Aggregate Tranche B Commitments, and (ii) the aggregate Outstanding Amount of the Committed Tranche B Loans of any Tranche B Lender plus such Lender’s ratable share of the Outstanding Amount of all Swing Line Loans made to TCCI shall not exceed such Lender’s Tranche B Commitmentname set forth on Schedule 2.01 attached hereto. Within the limits of each Lender’s Tranche B Commitment, and subject to the other terms and conditions hereof, TCCI may borrow Amounts borrowed under this Section 2.1(b), prepay under Section 2.4, and, reborrow under this Section 2.1(b). Committed Tranche B Loans 2.01(b) and repaid or prepaid may not be Base Rate Loans, Eurocurrency Rate Loans, Canadian Prime Rate Loans, Bankers’ Acceptances or BA Equivalent Notes, as further provided hereinreborrowed. (c) Subject to the terms and conditions set forth herein, each Tranche C Lender severally agrees to make loans in Australian Dollars (each such loan, a “Committed Tranche C Loan”) to TFA on any Business Day during the Tranche C Availability Period of such Tranche C Lender, in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s Tranche C Commitment; provided, however, that after giving effect to any Committed Borrowing made by the Tranche C Lenders, (i) the Total Outstandings applicable to TFA shall not exceed the Aggregate Tranche C Commitments, and (ii) the aggregate Outstanding Amount of the Committed Tranche C Loans of any Tranche C Lender plus such Lender’s ratable share of the Outstanding Amount of all Swing Line Loans made to TFA plus, in the case of a Tranche C Lender that is, or has an Affiliate that is, a Swing Line Lender having a Swing Line Commitment in Australian Dollars and without duplication, such Lender’s (or Affiliate’s) Swing Line Loans made to TFA shall not exceed such Lender’s Tranche C Commitment. Within the limits of each Lender’s Tranche C Commitment, and subject to the other terms and conditions hereof, TFA may borrow under this Section 2.1(c), prepay under Section 2.4, and, reborrow under this Section 2.1(c). (d) After giving effect to Committed Loans made pursuant to this Section 2.1, the aggregate Outstanding Amount of all Loans (other than Money Market Loans) made by such Lender or its Affiliates shall not exceed such Lender’s Commitment Cap.

Appears in 1 contract

Samples: Credit Agreement (Lumber Liquidators Holdings, Inc.)

Committed Loans. (a) Subject to the terms and conditions set forth herein, each Tranche A Lender severally agrees to make loans (each such loan, a “Committed Loan”) to the Borrower in US Dollars or in one or more Alternative Currencies (each such loan, a “Committed Tranche A Loan”) to the Tranche A Borrowers from time to time, on any Business Day during the Tranche A Availability Period of such Tranche A Lender, in an amount not to exceed the amount of such Lender’s Unused Tranche A Commitment at such time. Within the limits of each Lender’s Unused Tranche A Commitment, and subject to the other terms and conditions hereof, the Tranche A Borrowers may borrow under this Section 2.1(a), prepay under Section 2.4, and reborrow under this Section 2.1(a). Committed Tranche A Loans may be Base Rate Loans or Eurocurrency Rate Loans, as further provided herein. (b) Subject to the terms and conditions set forth herein, each Tranche B Lender severally agrees to make loans to TCCI in US Dollars or in one or more Alternative Currencies, and (i) in the case of a Tranche B Lender willing and able to accept Drafts, to create acceptances (“Bankers’ Acceptances”) by accepting Drafts and to purchase such Bankers’ Acceptances in accordance with Section 2.15(a) and (ii) in the case of a Tranche B Lender which is unwilling or unable to accept Drafts, to purchase completed Drafts, which will not be accepted by the Tranche B Lender or any other Tranche B Lender in accordance with Section 2.15 from time to time, on any Business Day during the Tranche B Availability Period of such Tranche B Lender, in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s Tranche B Commitment; provided, however, that after giving effect to any Committed Borrowing made by the Tranche B LendersBorrowing, (i) the Total Outstandings applicable to TCCI shall not exceed the Aggregate Tranche B 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 and Letters of Credit denominated in Alternative Currencies shall not exceed the Committed Tranche B Loans of any Tranche B Lender plus such Lender’s ratable share of Alternative Currency Sublimit and (iv) the aggregate Outstanding Amount of all Swing Line Loans made (after giving effect to TCCI 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 shall not exceed such Lender’s Tranche B Commitment. Within the limits of each Lender’s Tranche B Commitment, and subject to the other terms and conditions hereof, TCCI the Borrower may borrow under this Section 2.1(b)2.01, prepay under Section 2.42.05, and, and reborrow under this Section 2.1(b)2.01. Committed Tranche B Loans may be Base Rate Loans, Loans or Eurocurrency Rate Loans, Canadian Prime Rate Loans, Bankers’ Acceptances or BA Equivalent Notes, as further provided herein. (c) Subject to the terms and conditions set forth herein, each Tranche C Lender severally agrees to make loans in Australian Dollars (each such loan, a “Committed Tranche C Loan”) to TFA on any Business Day during the Tranche C Availability Period of such Tranche C Lender, in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s Tranche C Commitment; provided, however, that after giving effect to any Committed Borrowing made by the Tranche C Lenders, (i) the Total Outstandings applicable to TFA shall not exceed the Aggregate Tranche C Commitments, and (ii) the aggregate Outstanding Amount of the Committed Tranche C Loans of any Tranche C Lender plus such Lender’s ratable share of the Outstanding Amount of all Swing Line Loans made to TFA plus, in the case of a Tranche C Lender that is, or has an Affiliate that is, a Swing Line Lender having a Swing Line Commitment in Australian Dollars and without duplication, such Lender’s (or Affiliate’s) Swing Line Loans made to TFA shall not exceed such Lender’s Tranche C Commitment. Within the limits of each Lender’s Tranche C Commitment, and subject to the other terms and conditions hereof, TFA may borrow under this Section 2.1(c), prepay under Section 2.4, and, reborrow under this Section 2.1(c). (d) After giving effect to Committed Loans made pursuant to this Section 2.1, the aggregate Outstanding Amount of all Loans (other than Money Market Loans) made by such Lender or its Affiliates shall not exceed such Lender’s Commitment Cap.

Appears in 1 contract

Samples: Credit Agreement (Qualcomm Inc/De)

Committed Loans. (a) Subject to the terms and conditions set forth herein, each Tranche A Revolving Lender severally agrees to make loans in US Dollars or in one or more Alternative Currencies (each such loan, a “Committed Tranche A Revolving Loan”) to the Tranche A Borrowers Borrower from time to time, on any Business Day during the Tranche A Availability Period of such Tranche A LenderPeriod, in an aggregate amount not to exceed at any time outstanding the amount of such Revolving Lender’s Unused Tranche A Commitment at Revolving Commitment; provided, however, that after giving effect to any Committed Borrowing, (i) the Total Outstandings in respect of the Revolving Facility shall not exceed the Aggregate Revolving Commitments, and (ii) the aggregate Outstanding Amount of the Committed Revolving Loans of any Revolving Lender, plus such timeRevolving Lender’s Applicable Percentage of the Outstanding Amount of all L/C Obligations, plus such Revolving Lender’s Applicable Percentage of the Outstanding Amount of all Swing Line Loans shall not exceed such Revolving Lender’s Revolving Commitment. Within the limits of each Revolving Lender’s Unused Tranche A Revolving Commitment, and subject to the other terms and conditions hereof, the Tranche A Borrowers Borrower may borrow under this Section 2.1(a2.01(a), prepay under Section 2.42.05, and reborrow under this Section 2.1(a2.01(a). Committed Tranche A Revolving Loans may be Base Rate Loans or Eurocurrency Eurodollar Rate Loans, as further provided herein. (b) Subject to the terms and conditions set forth herein, each Tranche B Term Lender severally agrees to make loans to TCCI in US Dollars or in one or more Alternative Currencies, and a single loan (i) in the case of a Tranche B Lender willing and able to accept Drafts, to create acceptances (Bankers’ AcceptancesCommitted Term Loan”) by accepting Drafts to the Borrower on the Amendment and to purchase such Bankers’ Acceptances in accordance with Section 2.15(a) and (ii) in Restatement Effective Date or on the case of a Tranche B Lender which is unwilling or unable to accept DraftsIncrease Effective Date, to purchase completed Drafts, which will not be accepted by the Tranche B Lender or any other Tranche B Lender in accordance with Section 2.15 from time to time, on any Business Day during the Tranche B Availability Period of such Tranche B Lenderas applicable, in an aggregate amount not to exceed at any time outstanding the amount of such Term Lender’s Tranche B Commitment; provided, however, that after giving effect to any . Each Committed Borrowing shall consist of Committed Term Loans made simultaneously by the Tranche B applicable Term Lenders, (i) the Total Outstandings applicable to TCCI shall not exceed the Aggregate Tranche B Commitments, and (ii) the aggregate Outstanding Amount of the Committed Tranche B Loans of any Tranche B Lender plus such Lender’s ratable share of the Outstanding Amount of all Swing Line Loans made to TCCI shall not exceed such Lender’s Tranche B Commitment. Within the limits of each Lender’s Tranche B Commitment, and subject to the other terms and conditions hereof, TCCI may borrow Amounts borrowed under this Section 2.1(b), prepay under Section 2.4, and, reborrow under this Section 2.1(b)2.01(b) and repaid or prepaid may not be reborrowed. Committed Tranche B Term Loans may be Base Rate Loans, Eurocurrency Loans or Eurodollar Rate Loans, Canadian Prime Rate Loans, Bankers’ Acceptances or BA Equivalent Notes, Loans as further provided herein. (c) Subject to the terms and conditions set forth herein, each Tranche C Lender severally agrees to make loans in Australian Dollars (each such loan, a “Committed Tranche C Loan”) to TFA on any Business Day during the Tranche C Availability Period of such Tranche C Lender, in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s Tranche C Commitment; provided, however, that after giving effect to any Committed Borrowing made by the Tranche C Lenders, (i) the Total Outstandings applicable to TFA shall not exceed the Aggregate Tranche C Commitments, and (ii) the aggregate Outstanding Amount of the Committed Tranche C Loans of any Tranche C Lender plus such Lender’s ratable share of the Outstanding Amount of all Swing Line Loans made to TFA plus, in the case of a Tranche C Lender that is, or has an Affiliate that is, a Swing Line Lender having a Swing Line Commitment in Australian Dollars and without duplication, such Lender’s (or Affiliate’s) Swing Line Loans made to TFA shall not exceed such Lender’s Tranche C Commitment. Within the limits of each Lender’s Tranche C Commitment, and subject to the other terms and conditions hereof, TFA may borrow under this Section 2.1(c), prepay under Section 2.4, and, reborrow under this Section 2.1(c). (d) After giving effect to Committed Loans made pursuant to this Section 2.1, the aggregate Outstanding Amount of all Loans (other than Money Market Loans) made by such Lender or its Affiliates shall not exceed such Lender’s Commitment Cap.

Appears in 1 contract

Samples: Credit Agreement (Coinstar Inc)

Committed Loans. (a) Subject to and in reliance upon the terms terms, conditions, representations and conditions set forth hereinwarranties contained in the Loan Documents, each Tranche A Lender severally agrees to make loans Advances in US Dollars or in (which are Committed Loans) to the Borrower from time to time until the Termination Date so long as the sum of the aggregate principal amount of such Committed Loans from such Lender outstanding plus such Lender's Specified Percentage of L/C Obligations and outstanding Swing Line Loans never exceeds such Lender's Commitment; provided that the Aggregate Outstanding Extensions of Credit from all Lenders shall not exceed the Total Commitment. Notwithstanding anything to the contrary set forth herein, any Lender may make and have outstanding one or more Alternative Currencies (each Competitive Loans which, when aggregated with the outstanding principal amount of all Committed Loans from such loan, a “Committed Tranche A Loan”) to the Tranche A Borrowers from time to time, on any Business Day during the Tranche A Availability Period of such Tranche A Lender, in an amount not to would exceed the amount of such Lender’s Unused Tranche A 's Commitment. Each Lender's Commitment at such timeshall continue in full force and effect until and expire on the Termination Date, and no Lender shall have any obligation to make any Advance thereafter. Within Until the limits Termination Date, the Borrower may borrow, repay and reborrow Committed Loans and Competitive Loans hereunder, subject with respect to Competitive Loans, to Section 2.6. The Administrative Agent shall maintain a record of each Lender’s Unused Tranche A 's Commitment, and subject to the other terms and conditions hereofSpecified Percentage, the Tranche A Borrowers may borrow under this Section 2.1(a), prepay under Section 2.4, and reborrow under this Section 2.1(a). Committed Tranche A Loans may be Base Rate Loans or Eurocurrency Rate Loans, as further provided hereinSpecified Percentage of L/C Obligations, Specified Percentage of Swing Line Loans and Competitive Loans. (b) Subject Loans may from time to the terms and conditions set forth herein, each Tranche B Lender severally agrees to make loans to TCCI in US Dollars or in one or more Alternative Currencies, and time be (i) in Eurodollar Loans, (ii) ABR Loans, (iii) Competitive Loans or (iv) a combination thereof, as determined by the case of a Tranche B Lender willing Borrower and able notified to accept Drafts, to create acceptances (“Bankers’ Acceptances”) by accepting Drafts and to purchase such Bankers’ Acceptances the Administrative Agent in accordance with Section 2.15(aSections 2.3, 2.6 and 4.5, provided that, no Loan shall be made as a Eurodollar Loan or a Competitive Loan (A) and after the day that is one month prior to the Termination Date or (iiB) in during the case continuance of a Tranche B Lender which is unwilling Default or unable to accept Drafts, to purchase completed Drafts, which will not be accepted by the Tranche B Lender or any other Tranche B Lender in accordance with Section 2.15 from time to time, on any Business Day during the Tranche B Availability Period Event of such Tranche B Lender, in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s Tranche B Commitment; provided, however, that after giving effect to any Committed Borrowing made by the Tranche B Lenders, (i) the Total Outstandings applicable to TCCI shall not exceed the Aggregate Tranche B Commitments, and (ii) the aggregate Outstanding Amount of the Committed Tranche B Loans of any Tranche B Lender plus such Lender’s ratable share of the Outstanding Amount of all Swing Line Loans made to TCCI shall not exceed such Lender’s Tranche B Commitment. Within the limits of each Lender’s Tranche B Commitment, and subject to the other terms and conditions hereof, TCCI may borrow under this Section 2.1(b), prepay under Section 2.4, and, reborrow under this Section 2.1(b). Committed Tranche B Loans may be Base Rate Loans, Eurocurrency Rate Loans, Canadian Prime Rate Loans, Bankers’ Acceptances or BA Equivalent Notes, as further provided hereinDefault. (c) Subject to the terms and conditions set forth herein, each Tranche C Lender severally agrees to make loans in Australian Dollars (each such loan, a “Committed Tranche C Loan”) to TFA on any Business Day during the Tranche C Availability Period of such Tranche C Lender, in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s Tranche C Commitment; provided, however, that after giving effect to any Committed Borrowing made by the Tranche C Lenders, (i) the Total Outstandings applicable to TFA shall not exceed the Aggregate Tranche C Commitments, and (ii) the aggregate Outstanding Amount of the Committed Tranche C Loans of any Tranche C Lender plus such Lender’s ratable share of the Outstanding Amount of all Swing Line Loans made to TFA plus, in the case of a Tranche C Lender that is, or has an Affiliate that is, a Swing Line Lender having a Swing Line Commitment in Australian Dollars and without duplication, such Lender’s (or Affiliate’s) Swing Line Loans made to TFA shall not exceed such Lender’s Tranche C Commitment. Within the limits of each Lender’s Tranche C Commitment, and subject to the other terms and conditions hereof, TFA may borrow under this Section 2.1(c), prepay under Section 2.4, and, reborrow under this Section 2.1(c). (d) After giving effect to Committed Loans made pursuant to this Section 2.1, the aggregate Outstanding Amount of all Loans (other than Money Market Loans) made by such Lender or its Affiliates shall not exceed such Lender’s Commitment Cap.

Appears in 1 contract

Samples: Credit Agreement (Media General Inc)

Committed Loans. (a) Subject to the terms and conditions set forth hereinin this Agreement, each Bank severally agrees, to make, Convert and Continue Tranche A Lender severally agrees to make loans Loans in US Dollars or in one or more Alternative Approved Offshore Currencies (each such loan, a “Committed Tranche A Loan”) to the Tranche A Borrowers from time to time, on any Business Day during the Tranche A Availability Period of such as Borrower may request; provided, however, that (i) the Outstanding Tranche A Lender, in an amount Obligations of each Bank shall not to exceed the amount of such Lender’s Unused Bank's Tranche A Commitment and (ii) the Outstanding Tranche A Obligations of all the Banks plus the outstanding principal amount of Swing Line Loans shall not exceed the combined Tranche A Commitments at such any time. Within the limits of each Lender’s Unused Tranche A Commitment, and subject Subject to the foregoing and other terms and conditions (Credit Agreement) 23 30 hereof, the Tranche A Borrowers Borrower may borrow under this Section 2.1(a)borrow, Convert, Continue, prepay under Section 2.4, and reborrow under this Section 2.1(a). Committed Tranche A Loans may be Base Rate Loans as set forth herein without premium or Eurocurrency Rate Loans, as further provided hereinpenalty. (b) Subject to the terms and conditions set forth hereinin this Agreement, each Bank severally agrees, to make, Convert and Continue Tranche B Lender severally agrees to make loans to TCCI Loans in US Dollars or in one or more Alternative Currencies, and (i) in the case of a Tranche B Lender willing and able to accept Drafts, to create acceptances (“Bankers’ Acceptances”) by accepting Drafts and to purchase such Bankers’ Acceptances in accordance with Section 2.15(a) and (ii) in the case of a Tranche B Lender which is unwilling or unable to accept Drafts, to purchase completed Drafts, which will not be accepted by the Tranche B Lender or any other Tranche B Lender in accordance with Section 2.15 from time to time, on any Business Day Approved Offshore Currencies during the Tranche B Availability Period of such Tranche B Lender, in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s Tranche B Commitmentas Borrower may request; provided, however, that after giving effect to any Committed Borrowing made by the Outstanding Tranche B Lenders, (i) Obligations of each Bank shall not exceed such Bank's Tranche B Commitment and the Total Outstandings applicable to TCCI Outstanding Tranche B Obligations of all the Banks shall not exceed the Aggregate combined Tranche B Commitments, and (ii) the aggregate Outstanding Amount of the Committed Tranche B Loans of Commitments at any Tranche B Lender plus such Lender’s ratable share of the Outstanding Amount of all Swing Line Loans made to TCCI shall not exceed such Lender’s Tranche B Commitmenttime. Within the limits of each Lender’s Tranche B Commitment, and subject Subject to the foregoing and other terms and conditions hereof, TCCI Borrower may borrow under this Section 2.1(b)borrow, Convert, Continue, prepay under Section 2.4, and, and reborrow under this Section 2.1(b). Committed Tranche B Loans may be Base Rate Loans, Eurocurrency Rate Loans, Canadian Prime Rate Loans, Bankers’ Acceptances as set forth herein without premium or BA Equivalent Notes, as further provided hereinpenalty. (c) Subject to the terms and conditions set forth hereinNotwithstanding any other provision of this Agreement, each Tranche C Lender severally agrees to make loans in Australian Dollars (each such loan, a “Committed Tranche C Loan”) to TFA on any Business Day during the Tranche C Availability Period of such Tranche C Lender, no Loan shall be made in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s Tranche C Commitment; providedApproved Offshore Currency if, however, that after giving effect to any Committed Borrowing such Loan, the Dollar Equivalent at the time the proposed Loan is to be made by of all outstanding Loans made in Approved Offshore Currencies plus the Tranche C Lenders, (i) the Total Outstandings applicable to TFA shall not exceed the Aggregate Tranche C Commitments, and (ii) the aggregate Outstanding Amount Dollar Equivalent of the Committed Tranche C Loans of any Tranche C Lender plus such Lender’s ratable share of the Outstanding Amount of all Swing Line Loans made to TFA plus, in the case of a Tranche C Lender that is, or has an Affiliate that is, a Swing Line Lender having a Swing Line Commitment in Australian Dollars and without duplication, such Lender’s (or Affiliate’s) Swing Line Loans made to TFA shall not exceed such Lender’s Tranche C Commitment. Within the limits of each Lender’s Tranche C Commitment, and subject to the other terms and conditions hereof, TFA may borrow under this Section 2.1(c), prepay under Section 2.4, and, reborrow under this Section 2.1(c)proposed Loan is greater than $50,000,000. (d) After giving effect to Committed Loans made pursuant to this Section 2.1, the aggregate Outstanding Amount of all Loans (other than Money Market Loans) made by such Lender or its Affiliates shall not exceed such Lender’s Commitment Cap.

Appears in 1 contract

Samples: Credit Agreement (Flowserve Corp)

Committed Loans. (a) Subject to the terms and conditions set forth herein, each Tranche 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 “Committed Loan”) to the Borrowers in US Dollars or in one or more Alternative Currencies (each such loan, a “Committed Tranche A Loan”) to the Tranche A Borrowers from time to time, on any Business Day during the Tranche A Availability Period of such Tranche A Lender, in an amount not to exceed the amount of such Lender’s Unused Tranche A Commitment at such time. Within the limits of each Lender’s Unused Tranche A Commitment, and subject to the other terms and conditions hereof, the Tranche A Borrowers may borrow under this Section 2.1(a), prepay under Section 2.4, and reborrow under this Section 2.1(a). Committed Tranche A Loans may be Base Rate Loans or Eurocurrency Rate Loans, as further provided herein. (b) Subject to the terms and conditions set forth herein, each Tranche B Lender severally agrees to make loans to TCCI in US Dollars or in one or more Alternative Currencies, and (i) in the case of a Tranche B Lender willing and able to accept Drafts, to create acceptances (“Bankers’ Acceptances”) by accepting Drafts and to purchase such Bankers’ Acceptances in accordance with Section 2.15(a) and (ii) in the case of a Tranche B Lender which is unwilling or unable to accept Drafts, to purchase completed Drafts, which will not be accepted by the Tranche B Lender or any other Tranche B Lender in accordance with Section 2.15 from time to time, on any Business Day during the Tranche B Availability Period of such Tranche B LenderPeriod, in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s Tranche B Commitment; provided, however, that after giving effect to any Committed Borrowing made by the Tranche B LendersBorrowing, (i) the Total Outstandings applicable to TCCI shall not exceed the Aggregate Tranche B Commitments, and (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 Committed Tranche B Loans of Company and any Tranche B Lender plus Designated Borrower under the Designated Borrower Sublimit applicable to such Lender’s ratable share of Designated Borrower shall not exceed such Designated Borrower Sublimit, and (iv) the aggregate Outstanding Amount of all Swing Line Loans and L/C Obligations made to TCCI the Company under the Company Sublimit shall not exceed such Lender’s Tranche B Commitmentthe Company Sublimit then in effect. Within the limits of each Lender’s Tranche B Commitment, and subject to the other terms and conditions hereof, TCCI the Borrowers may borrow under this Section 2.1(b)2.01, prepay under Section 2.42.05, and, and reborrow under this Section 2.1(b)2.01. Committed Tranche B Loans may be Base Rate Loans, Eurocurrency Term SOFR Loans, Alternative Currency Daily Rate Loans or Alternative Currency Term Rate Loans, Canadian Prime Rate Loans, Bankers’ Acceptances or BA Equivalent Notes, as further provided herein. ; provided that any Borrowings made on the Closing Date or any of the three (c3) Subject 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 terms and conditions set forth herein, each Tranche C Lender severally agrees Administrative Agent not less than three Business Days prior to make loans in Australian Dollars (each such loan, a “Committed Tranche C Loan”) to TFA on any Business Day during the Tranche C Availability Period date of such Tranche C Lender, in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s Tranche C Commitment; provided, however, that after giving effect to any Committed Borrowing made by the Tranche C Lenders, (i) the Total Outstandings applicable to TFA shall not exceed the Aggregate Tranche C Commitments, and (ii) the aggregate Outstanding Amount of the Committed Tranche C Loans of any Tranche C Lender plus such Lender’s ratable share of the Outstanding Amount of all Swing Line Loans made to TFA plus, in the case of a Tranche C Lender that is, or has an Affiliate that is, a Swing Line Lender having a Swing Line Commitment in Australian Dollars and without duplication, such Lender’s (or Affiliate’s) Swing Line Loans made to TFA shall not exceed such Lender’s Tranche C Commitment. Within the limits of each Lender’s Tranche C Commitment, and subject to the other terms and conditions hereof, TFA may borrow under this Section 2.1(c), prepay under Section 2.4, and, reborrow under this Section 2.1(c)Borrowing. (d) After giving effect to Committed Loans made pursuant to this Section 2.1, the aggregate Outstanding Amount of all Loans (other than Money Market Loans) made by such Lender or its Affiliates shall not exceed such Lender’s Commitment Cap.

Appears in 1 contract

Samples: Credit Agreement (Thermo Fisher Scientific Inc.)

Committed Loans. (a) Subject to the terms and conditions set forth herein, each Tranche A Lender severally agrees to make loans in US Dollars or in one or more Alternative Currencies (each such loan, a “Committed Tranche A Loan”) to the Tranche A Borrowers Borrower from time to time, on any Business Day during the Tranche A Availability Period of such Tranche A LenderPeriod, in an aggregate amount not to exceed exceed, at any time, the lesser of (a) the amount of such Lender’s Unused Tranche A Commitment at Commitment, and (b) such timeLender’s Applicable Percentage of the Borrowing Base; provided, however, that after giving effect to any Borrowing, (i) the Total Outstandings shall not exceed the Borrowing Base, 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 Overadvance Loans, plus such Lender’s Applicable Percentage of the Outstanding Amount of all Protective Advances, shall not exceed such Lender’s Applicable Percentage of the Borrowing Base. Within the limits of each Lender’s Unused Tranche A Commitment, and subject to the other terms and conditions hereof, the Tranche A Borrowers Borrower may borrow under this Section 2.1(a)‎2.01, prepay and repay under Section 2.4‎2.05 and Section ‎2.07, and reborrow under this Section 2.1(a)‎2.01. Committed Tranche A Loans may be Base Rate Loans or Eurocurrency Eurodollar Rate Loans, as further provided herein. Prior to the Existing Tranche Maturity Date, Committed Loans shall be made 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 shall be made by the Extended Tranche Lenders in accordance with each Extended Tranche Lender’s Applicable Percentage. (b) Subject to As of the terms and conditions set forth hereinFifth Amendment Effective Date, each Lender designates all of its Commitment to either the Existing Tranche B Lender severally agrees to make loans to TCCI or the Extended Tranche as indicated on Schedule 2.01; and all Committed Loans, Overadvance Loans, participations in US Dollars or L/C Obligations, participations in one or more Alternative CurrenciesSwing Line Loans, and (i) participations in Protective Advances held by such Lender on the case of a Tranche B Lender willing Fifth Amendment Effective Date and able thereafter will be deemed to accept Draftsbe Committed Loans, to create acceptances (“Bankers’ Acceptances”) by accepting Drafts and to purchase such Bankers’ Acceptances Overadvance Loans, participations in accordance with Section 2.15(a) and (ii) L/C Obligations, participations in the case of a Tranche B Lender which is unwilling or unable to accept Drafts, to purchase completed Drafts, which will not be accepted by the Tranche B Lender or any other Tranche B Lender in accordance with Section 2.15 from time to time, on any Business Day during the Tranche B Availability Period of such Tranche B Lender, in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s Tranche B Commitment; provided, however, that after giving effect to any Committed Borrowing made by the Tranche B Lenders, (i) the Total Outstandings applicable to TCCI shall not exceed the Aggregate Tranche B Commitments, and (ii) the aggregate Outstanding Amount of the Committed Tranche B Loans of any Tranche B Lender plus such Lender’s ratable share of the Outstanding Amount of all Swing Line Loans made to TCCI shall not exceed and participations in Protective Advances, respectively, of such Lender’s Lender under the Existing Tranche B Commitment. Within or the limits of each Lender’s Tranche B Commitment, and subject to the other terms and conditions hereof, TCCI may borrow under this Section 2.1(b), prepay under Section 2.4, and, reborrow under this Section 2.1(b). Committed Tranche B Loans may be Base Rate Loans, Eurocurrency Rate Loans, Canadian Prime Rate Loans, Bankers’ Acceptances or BA Equivalent NotesExtended Tranche, as further provided hereinapplicable. (c) Subject Following the Fifth Amendment Effective Date, with the consent of the Borrower, any Existing Tranche Lender may elect to have all (but not less than all) of its Commitment deemed to be a Commitment under the Extended Tranche on any date (each date a “Designation Date”) prior to the terms Existing Tranche Maturity Date; provided that such Lender shall have provided written notice to Borrower and conditions set forth hereinthe Administrative Agent at least 10 Business Days prior to such Designation Date (or such shorter period as the Administrative Agent may agree in its reasonable discretion). Following the applicable Designation Date, each Tranche C Lender severally agrees to make loans in Australian Dollars (each such loan, a “Committed Tranche C Loan”) to TFA on any Business Day during the Tranche C Availability Period of such Tranche C Lender, in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s Tranche C Commitment; provided, however, that after giving effect to any Committed Borrowing made by the Tranche Loans, Overadvance Loans, participations in L/C LendersObligations, (i) the Total Outstandings applicable to TFA shall not exceed the Aggregate Tranche C Commitmentsparticipations in Swing Line Loans, and (ii) the aggregate Outstanding Amount of the Committed Tranche C Loans of any Tranche C Lender plus such Lender’s ratable share of the Outstanding Amount of all Swing Line Loans made to TFA plus, participations in the case of a Tranche C Lender that is, or has an Affiliate that is, a Swing Line Lender having a Swing Line Commitment in Australian Dollars and without duplication, such Lender’s (or Affiliate’s) Swing Line Loans made to TFA shall not exceed such Lender’s Tranche C Commitment. Within the limits of each Lender’s Tranche C Commitment, and subject to the other terms and conditions hereof, TFA may borrow under this Section 2.1(c), prepay under Section 2.4, and, reborrow under this Section 2.1(c). (d) After giving effect to Committed Loans made pursuant to this Section 2.1, the aggregate Outstanding Amount of all Loans (other than Money Market Loans) made Protective Advances held by such Lender or its Affiliates shall not exceed such will be deemed to be Committed Loans, Overadvance Loans, participations in L/C Obligations, participations in Swing Line Loans, and participations in Protective Advance, respectively, under the Extended Tranche. Once a Lender’s Commitment Caphas been designated to the Extended Tranche whether on the Fifth Amendment Effective Date or thereafter, such Commitment may not be redesignated to the Existing Tranche.

Appears in 1 contract

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

Committed Loans. (a) Subject to the terms and conditions set forth herein, each Tranche A Lender severally agrees to make loans (each such loan, a “Committed Loan”) to the Borrowers in US Dollars or in one or more Alternative Currencies (each such loan, a “Committed Tranche A Loan”) to the Tranche A Borrowers from time to time, on any Business Day during the Tranche A Availability Period of such Tranche A Lender, in an amount not to exceed the amount of such Lender’s Unused Tranche A Commitment at such time. Within the limits of each Lender’s Unused Tranche A Commitment, and subject to the other terms and conditions hereof, the Tranche A Borrowers may borrow under this Section 2.1(a), prepay under Section 2.4, and reborrow under this Section 2.1(a). Committed Tranche A Loans may be Base Rate Loans or Eurocurrency Rate Loans, as further provided herein. (b) Subject to the terms and conditions set forth herein, each Tranche B Lender severally agrees to make loans to TCCI in US Dollars or in one or more Alternative Currencies, and (i) in the case of a Tranche B Lender willing and able to accept Drafts, to create acceptances (“Bankers’ Acceptances”) by accepting Drafts and to purchase such Bankers’ Acceptances in accordance with Section 2.15(a) and (ii) in the case of a Tranche B Lender which is unwilling or unable to accept Drafts, to purchase completed Drafts, which will not be accepted by the Tranche B Lender or any other Tranche B Lender in accordance with Section 2.15 from time to time, on any Business Day during the Tranche B Availability Period of such Tranche B LenderPeriod, in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s Tranche B Commitment; provided, however, that after giving effect to any Committed Borrowing made by the Tranche B LendersBorrowing, (i) the Total Outstandings applicable to TCCI shall not exceed the Aggregate Tranche B Commitments, and (ii) the aggregate Outstanding Amount of the Committed Tranche B Loans of any Tranche B Lender Lender, plus such Lender’s ratable share 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 made to TCCI shall not exceed such Lender’s Tranche B CommitmentCommitment and (iii) the aggregate Outstanding Amount of all Committed Loans denominated in an Alternative Currency plus the aggregate Outstanding Amount of all L/C Obligations denominated in an Alternative Currency shall not exceed the 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 accordance with the terms of this Agreement. Within the limits of each Lender’s Tranche B Commitment, and subject to the other terms and conditions hereof, TCCI the Borrowers may borrow under this Section 2.1(b)2.01, prepay under Section 2.42.05, and, and reborrow under this Section 2.1(b)2.01. Committed Tranche B Loans may be Base Rate Loans, Loans or Eurocurrency Rate Loans, Canadian Prime Rate Loans, Bankers’ Acceptances or BA Equivalent Notes, as further provided herein. (c) Subject to the terms and conditions set forth herein, each Tranche C Lender severally agrees to make loans in Australian Dollars (each such loan, a “Committed Tranche C Loan”) to TFA on any Business Day during the Tranche C Availability Period of such Tranche C Lender, in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s Tranche C Commitment; provided, however, that after giving effect to any Committed Borrowing made by the Tranche C Lenders, (i) the Total Outstandings applicable to TFA shall not exceed the Aggregate Tranche C Commitments, and (ii) the aggregate Outstanding Amount of the Committed Tranche C Loans of any Tranche C Lender plus such Lender’s ratable share of the Outstanding Amount of all Swing Line Loans made to TFA plus, in the case of a Tranche C Lender that is, or has an Affiliate that is, a Swing Line Lender having a Swing Line Commitment in Australian Dollars and without duplication, such Lender’s (or Affiliate’s) Swing Line Loans made to TFA shall not exceed such Lender’s Tranche C Commitment. Within the limits of each Lender’s Tranche C Commitment, and subject to the other terms and conditions hereof, TFA may borrow under this Section 2.1(c), prepay under Section 2.4, and, reborrow under this Section 2.1(c). (d) After giving effect to All Committed Loans made pursuant to this Section 2.1, on the aggregate Outstanding Amount of all Loans (other than Money Market Closing Date shall be Base Rate Loans) made by such Lender or its Affiliates shall not exceed such Lender’s Commitment Cap.

Appears in 1 contract

Samples: Credit Agreement (Amphenol Corp /De/)

Committed Loans. (a) Subject to the terms and conditions set forth herein, each Tranche A Lender severally agrees to make loans in US Dollars or in one or more Alternative Currencies (each such loan, a “Committed Tranche A Revolving Loan”) to the Tranche A Borrowers from time to time, on any Business Day during the Tranche A Availability Period of such Tranche A LenderPeriod, in an aggregate amount not to exceed at any time outstanding the lesser of (x) the amount of such Lender’s Unused Tranche A Commitment Revolving Loan Commitment, or (y) such Lender’s Applicable Percentage of the Tranche A Borrowing Base; subject in each case to the following limitations: (i) after giving effect to any Committed Borrowing, the Total Outstandings shall not exceed the Loan Cap; (ii) after giving effect to any Tranche A Revolving Loan, the Total Tranche A Outstandings shall not exceed the Tranche A Revolving Loan Limit, (iii) after giving effect to any Committed Borrowing pursuant to which Tranche A Revolving Loans are requested, the aggregate Outstanding Amount of the Tranche A Revolving Loans of any Lender, plus such Lender’s Applicable Percentage of the Outstanding Amount of all LC Obligations, plus such Lender’s Applicable Percentage of the Outstanding Amount of all Swing Line Loans shall not exceed such Lender’s Tranche A Revolving Loan Commitment; and (iv) the Outstanding Amount of all LC Obligations shall not at such timeany time exceed the Letter of Credit Sublimit. Within the limits of each Lender’s Unused Tranche A Revolving Loan Commitment, and subject to the other terms and conditions hereof, the Tranche A Borrowers may borrow under this Section 2.1(a2.01(a), prepay under Section 2.42.05, and reborrow under this Section 2.1(a2.01(a). Committed Tranche A Revolving Loans may be Base Rate Loans or Eurocurrency LIBO Rate Loans, as further provided herein. (b) Subject to the terms and conditions set forth herein, each Tranche B Lender severally agrees to make loans to TCCI in US Dollars or in one or more Alternative Currencies(each such loan, and (i) in the case of a Tranche B Lender willing and able to accept Drafts, to create acceptances (“Bankers’ AcceptancesA-1 Revolving Loan”) by accepting Drafts and to purchase such Bankers’ Acceptances in accordance with Section 2.15(a) and (ii) in the case of a Tranche B Lender which is unwilling or unable to accept Drafts, to purchase completed Drafts, which will not be accepted by the Tranche B Lender or any other Tranche B Lender in accordance with Section 2.15 Borrowers from time to time, on any Business Day during the Tranche B Availability Period of such Tranche B LenderPeriod, in an aggregate amount not to exceed at any time outstanding the lesser of (x) the amount of such Lender’s Tranche B A-1 Revolving Loan Commitment, or (y) such Lender’s Applicable Percentage of the Tranche A-1 Borrowing Base; providedsubject in each case to the following limitations: (i) after giving effect to any Committed Borrowing, howeverthe Total Outstandings shall not exceed the Loan Cap, (ii) after giving effect to any Tranche A-1 Revolving Loan, that the Total Tranche A-1 Outstandings shall not exceed the Tranche A-1 Revolving Loan Limit, and (iii) after giving effect to any Committed Borrowing made by the pursuant to which Tranche B LendersA-1 Revolving Loans are requested, (i) the Total Outstandings applicable to TCCI shall not exceed the Aggregate Tranche B Commitments, and (ii) the aggregate Outstanding Amount of the Committed Tranche B A-1 Revolving Loans of any Tranche B Lender plus such Lender’s ratable share of the Outstanding Amount of all Swing Line Loans made to TCCI , shall not exceed such Lender’s Tranche B A-1 Revolving Loan Commitment. Within the limits of each Lender’s Tranche B A-1 Revolving Loan Commitment, and subject to the other terms and conditions hereof, TCCI the Borrower may borrow under this Section 2.1(b2.01(b), prepay under Section 2.42.05, and, and reborrow under this Section 2.1(b2.01(b). Committed Tranche B A-1 Revolving Loans may be Base Rate Loans, Eurocurrency Loans or LIBO Rate Loans, Canadian Prime Rate Loans, Bankers’ Acceptances or BA Equivalent Notes, as further provided herein. (c) Subject to the terms and conditions set forth herein, each Tranche C Lender severally agrees to make loans in Australian Dollars (each such loan, a “Committed Tranche C Loan”) to TFA on any Business Day during the Tranche C Availability Period of such Tranche C Lender, in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s Tranche C Commitment; provided, however, that after giving effect to any Committed Borrowing made by the Tranche C Lenders, (i) the Total Outstandings applicable to TFA shall not exceed the Aggregate Tranche C Commitments, and (ii) the aggregate Outstanding Amount of the Committed Tranche C Loans of any Tranche C Lender plus such Lender’s ratable share of the Outstanding Amount of all Swing Line Loans made to TFA plus, in the case of a Tranche C Lender that is, or has an Affiliate that is, a Swing Line Lender having a Swing Line Commitment in Australian Dollars and without duplication, such Lender’s (or Affiliate’s) Swing Line Loans made to TFA shall not exceed such Lender’s Tranche C Commitment. Within the limits of each Lender’s Tranche C Commitment, and subject to the other terms and conditions hereof, TFA may borrow under this Section 2.1(c), prepay under Section 2.4, and, reborrow under this Section 2.1(c). (d) After giving effect to Committed Loans made pursuant to this Section 2.1, the aggregate Outstanding Amount of all Loans (other than Money Market Loans) made by such Lender or its Affiliates shall not exceed such Lender’s Commitment Cap.

Appears in 1 contract

Samples: Credit Agreement (Stein Mart Inc)

Committed Loans. (a) Subject to the terms and conditions set forth herein, each Tranche A Lender severally agrees to make loans in US Dollars or in one or more Alternative Currencies (each such loan, a “Committed Tranche A Loan”) to the Tranche A Borrowers from time to time, on any Business Day during the Tranche A Availability Period of such Tranche A LenderPeriod, in an amount not to exceed the amount of such Lender’s Unused Tranche A Commitment at such time. Within the limits of each Lender’s Unused Tranche A Commitment, and subject to the other terms and conditions hereof, the Tranche A Borrowers may borrow under this Section 2.1(a), prepay under Section 2.4, and and, unless converted to a Term Loan pursuant to Section 2.13(c), reborrow under this Section 2.1(a). Committed Tranche A Loans may be Base Rate Loans or Eurocurrency Rate Loans, as further provided herein. (b) Subject to the terms and conditions set forth herein, each Tranche B Lender severally agrees to make loans to TCCI in US Dollars or in one or more Alternative CurrenciesCurrencies (each such loan, and (i) in the case of a “Committed Tranche B Lender willing and able to accept Drafts, to create acceptances (“Bankers’ AcceptancesLoan”) by accepting Drafts and to purchase such Bankers’ Acceptances in accordance with Section 2.15(a) and (ii) in the case of a Tranche B Lender which is unwilling or unable to accept Drafts, to purchase completed Drafts, which will not be accepted by the Tranche B Lender or any other Tranche B Lender in accordance with Section 2.15 TCPR from time to time, on any Business Day during the Tranche B Availability Period of such Tranche B LenderPeriod, in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s Tranche B Commitment; provided, however, that after giving effect to any Committed Borrowing made by the Tranche B Lenders, (i) the Total Outstandings applicable to TCCI TCPR shall not exceed the Aggregate Tranche B Commitments, and (ii) the aggregate Outstanding Amount of the Committed Tranche B Loans of any Tranche B Lender plus such Lender’s ratable share of the Outstanding Amount of all Money Market Loans made to TCPR plus such Lender’s ratable share of the Outstanding Amount of all Swing Line Loans made to TCCI TCPR shall not exceed such Lender’s Tranche B Commitment. Within the limits of each Lender’s Tranche B Commitment, and subject to the other terms and conditions hereof, TCCI TCPR may borrow under this Section 2.1(b), prepay under Section 2.4, and, unless converted to a Term Loan pursuant to Section 2.13(c), reborrow under this Section 2.1(b). Committed Tranche B Loans may be Base Rate Loans, Loans or Eurocurrency Rate Loans, Canadian Prime Rate Loans, Bankers’ Acceptances or BA Equivalent Notes, as further provided herein. (c) Subject to the terms and conditions set forth herein, each Tranche C Lender severally agrees to make loans to TCCI in Australian US Dollars or in one or more Alternative Currencies, and (each such loan, i) in the case of a “Committed Tranche C LoanLender willing and able to accept Drafts, to create acceptances (“Bankers’ Acceptances”) by accepting Drafts and to TFA purchase such Bankers’ Acceptances in accordance with Section 2.15(a) and (ii) in the case of a Tranche C Lender which is unwilling or unable to accept Drafts, to purchase completed Drafts, which will not be accepted by the Tranche C Lender or any other Tranche C Lender in accordance with Section 2.15(a) from time to time, on any Business Day during the Tranche C Availability Period of such Tranche C LenderPeriod, in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s Tranche C Commitment; provided, however, that after giving effect to any Committed Borrowing made by the Tranche C Lenders, (i) the Total Outstandings applicable to TFA TCCI shall not exceed the Aggregate Tranche C NYDOCS03/828370 Commitments, and (ii) the aggregate Outstanding Amount of the Committed Tranche C Loans of any Tranche C Lender plus such Lender’s ratable share of the Outstanding Amount of all Swing Line Loans made to TFA plus, in the case of a Tranche C Lender that is, or has an Affiliate that is, a Swing Line Lender having a Swing Line Commitment in Australian Dollars and without duplication, such Lender’s (or Affiliate’s) Swing Line Loans made to TFA TCCI shall not exceed such Lender’s Tranche C Commitment. Within the limits of each Lender’s Tranche C Commitment, and subject to the other terms and conditions hereof, TFA TCCI may borrow under this Section 2.1(c), prepay under Section 2.4, and, unless converted to a Term Loan pursuant to Section 2.13(c), reborrow under this Section 2.1(c). Committed Tranche C Loans may be Base Rate Loans, Eurocurrency Rate Loans, Canadian Prime Rate Loans, Bankers’ Acceptances or BA Equivalent Notes, as further provided herein. (d) Subject to the terms and conditions set forth herein, each Tranche D Lender severally agrees to make loans in US Dollars or in one or more Alternative Currencies (each such loan, a “Committed Tranche D Loan”) to TLG from time to time, on any Business Day during the Tranche D Availability Period, in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s Tranche D Commitment; provided, however, that after giving effect to any Committed Borrowing made by the Tranche D Lenders, (i) the Total Outstandings applicable to TLG shall not exceed the Aggregate Tranche D Commitments, and (ii) the aggregate Outstanding Amount of the Committed Tranche D Loans of any Tranche D Lender plus such Lender’s ratable share of the Outstanding Amount of all Money Market Loans made to TLG plus such Lender’s ratable share of the Outstanding Amount of all Swing Line Loans made to TLG shall not exceed such Lender’s Tranche D Commitment. Within the limits of each Lender’s Tranche D Commitment, and subject to the other terms and conditions hereof, TLG may borrow under this Section 2.1(d), prepay under Section 2.4, and, unless converted to a Term Loan pursuant to Section 2.13(c), reborrow under this Section 2.1(d). Committed Tranche D Loans may be Base Rate Loans or Eurocurrency Rate Loans, as further provided herein. (e) After giving effect to Committed Loans made pursuant to this Section 2.1, the aggregate Outstanding Amount of all Loans (other than Money Market Loans) made by such Lender or its Affiliates shall not exceed such Lender’s Commitment Cap.

Appears in 1 contract

Samples: 364 Day Credit Agreement (Toyota Motor Credit Corp)

Committed Loans. (a) Subject to the terms and conditions set forth herein, each Tranche A Lender severally agrees to make loans in US Dollars or in one or more Alternative Currencies (each such loan, a “Committed Tranche A Loan”) to the Tranche A Borrowers TMCC from time to time, on any Business Day during the Tranche A Availability Period of such Tranche A LenderPeriod, in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s Unused Tranche A Commitment at Commitment; provided, however, that after giving effect to any Committed Borrowing made by the Tranche A Lenders, (i) the Total Outstandings applicable to TMCC shall not exceed the Aggregate Tranche A Commitments, and (ii) the aggregate Outstanding Amount of the Committed Tranche A Loans of any Tranche A Lender shall not exceed such timeLender’s Tranche A Commitment. Within the limits of each Lender’s Unused Tranche A Commitment, and subject to the other terms and conditions hereof, the Tranche A Borrowers TMCC may borrow under this Section 2.1(a), prepay under Section 2.4, and and, unless converted to a Term Loan pursuant to Section 2.13(c), reborrow under this Section 2.1(a). Committed Tranche A Loans may be Base Rate Loans or Eurocurrency Eurodollar Rate Loans, as further provided herein. (b) Subject to the terms and conditions set forth herein, each Tranche B Lender severally agrees to make loans to TCCI in US Dollars or in one or more Alternative Currencies(each such loan, and (i) in the case of a “Committed Tranche B Lender willing and able to accept Drafts, to create acceptances (“Bankers’ AcceptancesLoan”) by accepting Drafts and to purchase such Bankers’ Acceptances in accordance with Section 2.15(a) and (ii) in the case of a Tranche B Lender which is unwilling or unable to accept Drafts, to purchase completed Drafts, which will not be accepted by the Tranche B Lender or any other Tranche B Lender in accordance with Section 2.15 TCPR from time to time, on any Business Day during the Tranche B Availability Period of such Tranche B LenderPeriod, in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s Tranche B Commitment; provided, however, that after giving effect to any Committed Borrowing made by the Tranche B Lenders, (i) the Total Outstandings applicable to TCCI TCPR shall not exceed the Aggregate Tranche B Commitments, and (ii) the aggregate Outstanding Amount of the Committed Tranche B Loans of any Tranche B Lender plus such Lender’s ratable share of the Outstanding Amount of all Swing Line Loans made to TCCI shall not exceed such Lender’s Tranche B Commitment. Within the limits of each Lender’s Tranche B Commitment, and subject to the other terms and conditions hereof, TCCI TCPR may borrow under this Section 2.1(b), prepay under Section 2.4, and, unless converted to a Term Loan pursuant to Section 2.13(c), reborrow under this Section 2.1(b). Committed Tranche B Loans may be Base Rate Loans, Eurocurrency Loans or Eurodollar Rate Loans, Canadian Prime Rate Loans, Bankers’ Acceptances or BA Equivalent Notes, as further provided herein. (c) Subject to the terms and conditions set forth herein, each Tranche C Lender severally agrees to make loans to TCCI, and (i) in Australian Dollars (each such loan, the case of a “Committed Tranche C LoanLender willing and able to accept Drafts, to create acceptances (“Bankers’ Acceptances”) by accepting Drafts and to TFA purchase such Bankers’ Acceptances in accordance with Section 2.15(a) and (ii) in the case of a Tranche C Lender which is unwilling or unable to accept Drafts, to purchase completed Drafts, which will not be accepted by the Tranche C Lender or any other Tranche C Lender in accordance with Section 2.15(a) from time to time, on any Business Day during the Tranche C Availability Period of such Tranche C LenderPeriod, in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s Tranche C Commitment; provided, however, that after giving effect to any Committed Borrowing made by the Tranche C Lenders, (i) the Total Outstandings applicable to TFA TCCI shall not exceed the Aggregate Tranche C Commitments, and (ii) the aggregate Outstanding Amount of the Committed Tranche C Loans of any Tranche C Lender plus such Lender’s ratable share of the Outstanding Amount of all Swing Line Loans made to TFA plus, in the case of a Tranche C Lender that is, or has an Affiliate that is, a Swing Line Lender having a Swing Line Commitment in Australian Dollars and without duplication, such Lender’s (or Affiliate’s) Swing Line Loans made to TFA shall not exceed such Lender’s Tranche C Commitment. Within the limits of each Lender’s Tranche C Commitment, and subject to the other terms and conditions hereof, TFA TCCI may borrow under this Section 2.1(c), prepay under Section 2.4, and, unless converted to a Term Loan pursuant to Section 2.13(c), reborrow under this Section 2.1(c). Committed Tranche C Loans may be Base Rate Loans, Eurodollar Rate Loans, Canadian Prime Rate Loans, Bankers’ Acceptances or BA Equivalent Notes, as further provided herein. (d) After giving effect to Committed Loans made pursuant to this Section 2.1, the aggregate Outstanding Amount of all Loans (other than Money Market Loans) made by such Lender or its Affiliates shall not exceed such Lender’s Commitment Cap.

Appears in 1 contract

Samples: 364 Day Credit Agreement (Toyota Motor Credit Corp)

Committed Loans. (a) Subject to and in reliance upon the terms terms, conditions, representations, and conditions set forth hereinwarranties contained in this Agreement, each Tranche A Lender severally Lender, severally, and not jointly, agrees to make loans Advances in US Dollars or in one or more Alternative Currencies (each such loan, a “Committed Tranche A Loan”) to EDS and any of the Tranche A Borrowers from time to time, on any Business Day during Designated EDS Affiliates so long as the Tranche A Availability Period of such Tranche A Lender, in an amount not to exceed the aggregate principal amount of the Committed Loans from such Lender outstanding never exceeds such Lender’s Unused Tranche A Commitment at such time. Within the limits of each Lender’s Unused Tranche A Commitment, and subject to the other terms and conditions hereof's Committed Sum; provided that, the Tranche A Borrowers may borrow under this Section 2.1(a), prepay under Section 2.4, aggregate outstanding principal amount of all Committed Loans and reborrow under this Section 2.1(a). Committed Tranche A Loans may be Base Bid Rate Loans or Eurocurrency Rate Loans, as further provided herein. (b) Subject to the terms and conditions set forth herein, each Tranche B Lender severally agrees to make loans to TCCI in US Dollars or in one or more Alternative Currencies, and (i) in the case of a Tranche B Lender willing and able to accept Drafts, to create acceptances (“Bankers’ Acceptances”) by accepting Drafts and to purchase such Bankers’ Acceptances in accordance with Section 2.15(a) and (ii) in the case of a Tranche B Lender which is unwilling or unable to accept Drafts, to purchase completed Drafts, which will not be accepted by the Tranche B Lender or any other Tranche B Lender in accordance with Section 2.15 from time to time, on any Business Day during the Tranche B Availability Period of such Tranche B Lender, in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s Tranche B Commitment; provided, however, that after giving effect to any Committed Borrowing made by the Tranche B Lenders, (i) the Total Outstandings applicable to TCCI all Lenders shall not exceed the Aggregate Tranche B Commitments, and (ii) the aggregate Outstanding Amount of the Committed Tranche B Loans of any Tranche B Lender plus such Lender’s ratable share of the Outstanding Amount of all Swing Line Loans made to TCCI shall not exceed such Lender’s Tranche B CommitmentSum. Within the limits of each Lender’s Tranche B Commitment, and subject Notwithstanding anything to the other terms and conditions hereof, TCCI may borrow under this Section 2.1(b), prepay under Section 2.4, and, reborrow under this Section 2.1(b). Committed Tranche B Loans may be Base Rate Loans, Eurocurrency Rate Loans, Canadian Prime Rate Loans, Bankers’ Acceptances or BA Equivalent Notes, as further provided herein. (c) Subject to the terms and conditions contrary set forth herein, any Lender may make and have outstanding one or more Bid Rate Loans which, when aggregated with the outstanding principal amount of all Committed Loans from such Lender, would exceed such Lender's Committed Sum. Administrative Agent shall maintain a record of each Tranche C Lender's Committed Sum, Percentage, Committed Loans, Term Loans and Bid Rate Loans. Each Lender's Commitment shall continue in full force and effect until and expire on, the applicable Commitment Termination Date, and no Lender severally agrees shall have any obligation to make loans any Committed Loan thereafter; provided that, each Borrower's Obligation and Lender's Rights under the Loan Documents shall continue in Australian Dollars (each full force and effect until such loan, a “Committed Tranche C Loan”) to TFA on any Business Day during the Tranche C Availability Period of such Tranche C Lender, Borrower's Obligation is paid and performed in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s Tranche C Commitment; full and provided, howeverfurther, that after giving effect that, pursuant to any Committed Borrowing made by the Tranche C Lendersterms of Section 2.5, (i) Borrowers may convert the Total Outstandings applicable to TFA shall not exceed the Aggregate Tranche C Commitments, and (ii) the aggregate Outstanding Amount outstanding principal balance of the Committed Tranche C Loans of any Tranche C Lender plus such Lender’s ratable share of to Term Loans. From and after the Outstanding Amount of all Swing Line Loans made to TFA plusAvailability Date, in through and including the case of a Tranche C Lender that isfinal Commitment Termination Date, or has an EDS and each Designated EDS Affiliate that ismay borrow, a Swing Line Lender having a Swing Line Commitment in Australian Dollars and without duplication, such Lender’s (or Affiliate’s) Swing Line Loans made to TFA shall not exceed such Lender’s Tranche C Commitment. Within the limits of each Lender’s Tranche C Commitmentrepay, and subject to the other terms and conditions hereof, TFA may borrow under this Section 2.1(c), prepay under Section 2.4, and, reborrow under this Section 2.1(c). (d) After giving effect to Committed Loans made pursuant and Bid Rate Loans hereunder, subject as respects Bid Rate Loans to this Section 2.1, the aggregate Outstanding Amount of all Loans (other than Money Market Loans) made by such Lender or its Affiliates shall not exceed such Lender’s Commitment Cap2.3.

Appears in 1 contract

Samples: Revolving Credit and Term Loan Agreement (Electronic Data Systems Corp /De/)

Committed Loans. (a) Subject to the terms and conditions set forth herein, each Tranche A Lender severally agrees to make loans in US Dollars or in one or more Alternative Currencies (each such loan, a "Committed Tranche A Loan") to the Tranche A Borrowers Borrower from time to time, on any Business Day during the Tranche A Availability Period of such Tranche A Lender, in an amount not to exceed the amount of such Lender’s Unused Tranche A Commitment at such time. Within the limits of each Lender’s Unused Tranche A Commitment, and subject to the other terms and conditions hereof, the Tranche A Borrowers may borrow under this Section 2.1(a), prepay under Section 2.4, and reborrow under this Section 2.1(a). Committed Tranche A Loans may be Base Rate Loans or Eurocurrency Rate Loans, as further provided herein. (b) Subject to the terms and conditions set forth herein, each Tranche B Lender severally agrees to make loans to TCCI in US Dollars or in one or more Alternative Currencies, and (i) in the case of a Tranche B Lender willing and able to accept Drafts, to create acceptances (“Bankers’ Acceptances”) by accepting Drafts and to purchase such Bankers’ Acceptances in accordance with Section 2.15(a) and (ii) in the case of a Tranche B Lender which is unwilling or unable to accept Drafts, to purchase completed Drafts, which will not be accepted by the Tranche B Lender or any other Tranche B Lender in accordance with Section 2.15 from time to time, on any Business Day during the Tranche B Availability Period of such Tranche B LenderPeriod, in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s Tranche B 's Commitment; provided, however, that after giving effect to any Committed Borrowing made by the Tranche B LendersBorrowing, (i) the Total Outstandings applicable to TCCI shall not exceed the Aggregate Tranche B Commitments, and (ii) the aggregate Outstanding Amount of the Committed Tranche B Loans of any Tranche B Lender Lender, plus such Lender’s ratable share '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 made to TCCI shall not exceed such Lender’s Tranche B 's Commitment. Within the limits of each Lender’s Tranche B 's Commitment, and subject to the other terms and conditions hereof, TCCI Borrower may borrow under this Section 2.1(b)2.1, prepay under Section 2.42.5, and, and reborrow under this Section 2.1(b)2.1. Committed Tranche B Loans may Neither Agent nor any Lender shall be Base Rate Loansresponsible for the Commitment of any other Lender, Eurocurrency Rate Loans, Canadian Prime Rate Loans, Bankers’ Acceptances or BA Equivalent Notes, as further provided hereinnor will the failure of any Lender to perform its obligations under its Commitment in any way relieve any other Lender from performing its obligations under its Commitment. (cb) Subject to the terms and conditions set forth herein, each Tranche C Lender severally agrees to make loans in Australian Dollars (each such loan, a “Committed Tranche C Loan”) to TFA on any Business Day during the Tranche C Availability Period of such Tranche C Lender, in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s Tranche C Commitment; provided, however, that after giving effect to any Committed Borrowing Upon election made by the Tranche C LendersBorrower not more frequently than semi-annually, provided, among other conditions, that no Default or Event of Default exists or is continuing and no Default or Event of Default is created under the documents evidencing and security the Foreign Credit Facility as a result hereof and subject to compliance with each of the following conditions precedent in a manner satisfactory in all respects to Lenders and Agent, the Aggregate Commitments may be increased as follows: (i) Borrower shall have delivered to Lenders and Agent a financial statement as required pursuant to Section 6.1(a) or Section 6.1(b) and the Total Outstandings applicable certificate required in pursuant to TFA Section 6.2(b); (ii) EBITDA of the Borrower for the preceding twelve (12) month period as calculated based on the financial statements delivered pursuant to subsection (i) above, multiplied by two (2), equals a sum in excess of the Aggregate Commitments in effect prior to such test; (iii) Borrower notifies Lenders and Agent of the requested increase in the Aggregate Commitments (the "Aggregate Commitments Increase") not less than ten (10) days prior to the intended effective date of such increase; (iv) Borrower, Lenders and Agent execute documents to evidence the Aggregate Commitments Increase, including (A) Notes evidencing each Lender's Pro Rata Share of the Aggregate Commitments as increased by the Aggregate Commitments Increase, (B) an amendment to this Agreement to reflect the Aggregate Commitments as increased by the Aggregate Commitments Increase and any related modifications; (C) such other documents as Lenders and Agent may reasonably require; (v) the Foreign Credit Facility Aggregate Commitments shall be automatically and irrevocably reduced in an amount equal dollar for dollar to the Aggregate Commitments Increase (the "Foreign Credit Facility Decrease") and Borrower, Lenders and Agent execute documents to evidence the Foreign Credit Facility Decrease, including (A) Notes evidencing each Lender's Pro Rata Share of the Foreign Credit Facility Aggregate Commitments as decreased by the Foreign Credit Facility Decrease, (B) an amendment to the Foreign Credit Facility Agreement to reflect the Foreign Credit Facility Aggregate Commitments as decreased by the Foreign Credit Facility Decrease and any related modifications; (C) such other documents as Lenders and Agent may reasonably require; (vi) the Loans and Letters of Credit outstanding under the Foreign Credit Facility shall be repaid and/or cancelled as necessary to comply with the Foreign Credit Facility Aggregate Commitments, as decreased by the Foreign Credit Facility Decrease; and (vii) the maximum principal amount of the Foreign Credit Facility Aggregate Commitments and the Aggregate Commitments shall not exceed the Aggregate Tranche C Commitments, and (ii) the aggregate Outstanding Amount of the Committed Tranche C Loans of any Tranche C Lender plus such Lender’s ratable share of the Outstanding Amount of all Swing Line Loans made to TFA plus, $65,000,000 in the case of a Tranche C Lender that is, or has an Affiliate that is, a Swing Line Lender having a Swing Line Commitment in Australian Dollars and without duplication, such Lender’s (or Affiliate’s) Swing Line Loans made to TFA shall not exceed such Lender’s Tranche C Commitment. Within the limits of each Lender’s Tranche C Commitment, and subject to the other terms and conditions hereof, TFA may borrow under this Section 2.1(c), prepay under Section 2.4, and, reborrow under this Section 2.1(c)aggregate. (d) After giving effect to Committed Loans made pursuant to this Section 2.1, the aggregate Outstanding Amount of all Loans (other than Money Market Loans) made by such Lender or its Affiliates shall not exceed such Lender’s Commitment Cap.

Appears in 1 contract

Samples: Credit Agreement (Micros Systems Inc)

Committed Loans. (a) Subject to the terms and conditions set forth herein, each Tranche A Lender severally agrees to make loans in US Dollars or in one or more Alternative Currencies (each such loan, a “Committed Tranche A Revolving Loan”) to the Tranche A Borrowers from time to time, on any Business Day during the Tranche A Availability Period of such Tranche A LenderPeriod, in an aggregate amount not to exceed at any time outstanding the lesser of (x) the amount of such Lender’s Unused Tranche A Commitment Revolving Loan Commitment, or (y) such Lender’s Applicable Percentage of the Tranche A Borrowing Base; subject in each case to the following limitations: (i) after giving effect to any Committed Borrowing, the Total Outstandings shall not exceed the Loan Cap; (ii) after giving effect to any Tranche A Revolving Loan, the Total Tranche A Outstandings shall not exceed the Tranche A Revolving Loan Limit, (iii) after giving effect to any Committed Borrowing pursuant to which Tranche A Revolving Loans are requested, the aggregate Outstanding Amount of the Tranche A Revolving Loans of any Lender, plus such Lender’s Applicable Percentage of the Outstanding Amount of all LC Obligations, plus such Lender’s Applicable Percentage of the Outstanding Amount of all Swing Line Loans shall not exceed such Lender’s Tranche A Revolving Loan Commitment; and (iv) the Outstanding Amount of all LC Obligations shall not at such timeany time exceed the Letter of Credit Sublimit. Within the limits of each Lender’s Unused Tranche A Revolving Loan Commitment, and subject to the other terms and conditions hereof, the Tranche A Borrowers may borrow under this Section 2.1(a2.01(a), prepay under Section 2.42.05, and reborrow under this Section 2.1(a2.01(a). Committed Tranche A Revolving Loans may be Base Rate Loans or Eurocurrency LIBO Rate Loans, as further provided herein. (b) Subject to the terms and conditions set forth herein, each Tranche B Lender severally agrees to make loans to TCCI in US Dollars or in one or more Alternative Currencies(each such loan, and (i) in the case of a Tranche B Lender willing and able to accept Drafts, to create acceptances (“Bankers’ AcceptancesA-1 Revolving Loan”) by accepting Drafts and to purchase such Bankers’ Acceptances in accordance with Section 2.15(a) and (ii) in the case of a Tranche B Lender which is unwilling or unable to accept Drafts, to purchase completed Drafts, which will not be accepted by the Tranche B Lender or any other Tranche B Lender in accordance with Section 2.15 Borrowers from time to time, on any Business Day during the Tranche B Availability Period of such Tranche B LenderPeriod, in an aggregate amount not to exceed at any time outstanding the lesser of (x) the amount of such Lender’s Tranche B A-1 Revolving Loan Commitment, or (y) such Lender’s Applicable Percentage of the Tranche A-1 Borrowing Base; providedsubject in each case to the following limitations: (i) after giving effect to any Committed Borrowing, howeverthe Total Outstandings shall not exceed the Loan Cap, (ii) after giving effect to any Tranche A-1 Revolving Loan, that the Total Tranche A-1 Outstandings shall not exceed the Tranche A-1 Revolving Loan Limit, and (iii) after giving effect to any Committed Borrowing made by the pursuant to which Tranche B LendersA-1 Revolving Loans are requested, (i) the Total Outstandings applicable to TCCI shall not exceed the Aggregate Tranche B Commitments, and (ii) the aggregate Outstanding Amount of the Committed Tranche B A-1 Revolving Loans of any Tranche B Lender plus such Lender’s ratable share of the Outstanding Amount of all Swing Line Loans made to TCCI , shall not exceed such Lender’s Tranche B A-1 Revolving Loan Commitment. Within the limits of each Lender’s Tranche B A-1 Revolving Loan Commitment, and subject to the other terms and conditions hereof, TCCI the Borrower may borrow under this Section 2.1(b2.01(b), prepay under Section 2.42.05, and, and reborrow under this Section 2.1(b2.01(b). Committed Tranche B A-1 Revolving Loans may be Base Rate Loans, Eurocurrency Loans or LIBO Rate Loans, Canadian Prime Rate Loans, Bankers’ Acceptances or BA Equivalent Notes, as further provided herein. (c) Subject . Notwithstanding anything to the terms contrary contained in this Agreement, from the Amendment No. 2 Effective Date and conditions set forth hereinat all times thereafter, each Tranche C Lender severally agrees to make loans in Australian Dollars (each such loan, a “Committed Tranche C Loan”) to TFA on any Business Day during the Tranche C Availability Period of such Tranche C Lender, in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s Tranche C Commitment; provided, however, that after giving effect to any Committed Borrowing made by the Tranche C Lenders, (i) the Total Outstandings applicable to TFA Borrowers shall not exceed the Aggregate Tranche C Commitments, request and (ii) the aggregate Outstanding Amount of the Committed Tranche C Loans of any Tranche C Lender plus such Lender’s ratable share of the Outstanding Amount of all Swing Line Loans made to TFA plus, in the case of a Tranche C Lender that isLenders shall not make, or has an Affiliate that isbe required to make, a Swing Line Lender having a Swing Line Commitment in Australian Dollars and without duplication, such Lender’s (or Affiliate’s) Swing Line Loans made to TFA shall not exceed such Lender’s Tranche C Commitment. Within the limits of each Lender’s Tranche C Commitment, and subject to the other terms and conditions hereof, TFA may borrow under this Section 2.1(c), prepay under Section 2.4, and, reborrow under this Section 2.1(c)A-1 Revolving Loans. (d) After giving effect to Committed Loans made pursuant to this Section 2.1, the aggregate Outstanding Amount of all Loans (other than Money Market Loans) made by such Lender or its Affiliates shall not exceed such Lender’s Commitment Cap.

Appears in 1 contract

Samples: Credit Agreement (Stein Mart Inc)

Committed Loans. (a) Subject to the terms and conditions set forth herein, each Tranche A Lender severally agrees to make loans in US Dollars or in one or more Alternative Currencies (each such loan, a “Committed Tranche A Loan”) to the Tranche A Borrowers from time to time, on any Business Day during the Tranche A Availability Period of such Tranche A Lender, in an amount not to exceed the amount of such Lender’s Unused Tranche A Commitment at such time. Within the limits of each Lender’s Unused Tranche A Commitment, and subject to the other terms and conditions hereof, the Tranche A Borrowers may borrow under this Section 2.1(a), prepay under Section 2.4, and reborrow under this Section 2.1(a). Committed Tranche A Loans may be Base Rate Loans, Term Rate Loans or Eurocurrency Rate SXXXX Loans, as further provided herein. (b) Subject to the terms and conditions set forth herein, each Tranche B Lender severally agrees to make loans to TCCI in US Dollars or in one or more Alternative CurrenciesCurrencies (each such loan, and (i) in the case of a “Committed Tranche B Lender willing and able to accept Drafts, to create acceptances (“Bankers’ AcceptancesLoan) by accepting Drafts and to purchase such Bankers’ Acceptances in accordance with Section 2.15(a) and (ii) in the case of a Tranche B Lender which is unwilling or unable to accept Drafts, to purchase completed Drafts, which will not be accepted by the Tranche B Lender or any other Tranche B Lender in accordance with Section 2.15 from time to time), on any Business Day during the Tranche B Availability Period of such Tranche B Lender, in an aggregate amount not to exceed at any time outstanding the amount of such LenderLxxxxx’s Tranche B Commitment; provided, however, that after giving effect to any Committed Borrowing made by the Tranche B Lenders, (i) the Total Outstandings applicable to TCCI shall not exceed the Aggregate Tranche B Commitments, and (ii) the aggregate Outstanding Amount of the Committed Tranche B Loans of any Tranche B Lender plus such LenderLxxxxx’s ratable share of the Outstanding Amount of all Swing Line Loans made to TCCI shall not exceed such Lender’s Tranche B Commitment. Within the limits of each Lender’s Tranche B Commitment, and subject to the other terms and conditions hereof, TCCI may borrow under this Section 2.1(b), prepay under Section 2.4, and, reborrow under this Section 2.1(b). Committed Tranche B Loans may be Base Rate Loans, Eurocurrency Term Rate Loans, SXXXX Loans or Canadian Prime Rate Loans, Bankers’ Acceptances or BA Equivalent Notes, as further provided herein. (c) Subject to the terms and conditions set forth herein, each Tranche C Lender severally agrees to make loans in Australian Dollars (each such loan, a “Committed Tranche C Loan”) to TFA the Tranche C Borrower on any Business Day during the Tranche C Availability Period of such Tranche C Lender, in an aggregate amount not to exceed at any time outstanding the amount of such LenderLxxxxx’s Tranche C Commitment; provided, however, that after giving effect to any Committed Borrowing made by the Tranche C Lenders, (i) the Total Outstandings applicable to TFA the Tranche C Borrower shall not exceed the Aggregate Tranche C Commitments, and (ii) the aggregate Outstanding Amount of the Committed Tranche C Loans of any Tranche C Lender plus such Lender’s ratable share of the Outstanding Amount of all Swing Line Loans made to TFA the Tranche C Borrower plus, in the case of a Tranche C Lender that is, or has an Affiliate that is, a Swing Line Lender having a Swing Line Commitment in Australian Dollars and without duplication, such Lender’s (or Affiliate’s) Swing Line Loans made to TFA the Tranche C Borrower shall not exceed such Lender’s Tranche C Commitment. Within the limits of each Lender’s Tranche C Commitment, and subject to the other terms and conditions hereof, TFA the Tranche C Borrower may borrow under Tranche C pursuant to the terms set forth in this Section 2.1(c), prepay under Section 2.4, and, reborrow under this Section 2.1(c). (d) After giving effect to Committed Loans made pursuant to this Section 2.1, the aggregate Outstanding Amount of all Loans (other than Money Market Loans) made by such Lender or its Affiliates shall not exceed such Lender’s Commitment Cap.

Appears in 1 contract

Samples: Credit Agreement (Toyota Motor Credit Corp)

Committed Loans. (a) Subject to the terms and conditions set forth herein, each Tranche A Lender severally agrees to make loans (each a “Committed Loan”) to the Borrowers in US Dollars or in one or more Alternative Currencies (each such loan, a “Committed Tranche A Loan”) to the Tranche A Borrowers from time to time, on any Business Day during the Tranche A Availability Period of such Tranche A Lender, in an amount not to exceed the amount of such Lender’s Unused Tranche A Commitment at such time. Within the limits of each Lender’s Unused Tranche A Commitment, and subject to the other terms and conditions hereof, the Tranche A Borrowers may borrow under this Section 2.1(a), prepay under Section 2.4, and reborrow under this Section 2.1(a). Committed Tranche A Loans may be Base Rate Loans or Eurocurrency Rate Loans, as further provided herein. (b) Subject to the terms and conditions set forth herein, each Tranche B Lender severally agrees to make loans to TCCI in US Dollars or in one or more Alternative Currencies, and (i) in the case of a Tranche B Lender willing and able to accept Drafts, to create acceptances (“Bankers’ Acceptances”) by accepting Drafts and to purchase such Bankers’ Acceptances in accordance with Section 2.15(a) and (ii) in the case of a Tranche B Lender which is unwilling or unable to accept Drafts, to purchase completed Drafts, which will not be accepted by the Tranche B Lender or any other Tranche B Lender in accordance with Section 2.15 from time to time, on any Business Day during the Tranche B Availability Period of such Tranche B Lender69635641 Period, in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s Tranche B Commitment; provided, however, that after giving effect to any Committed Borrowing made by the Tranche B LendersBorrowing, (i) the Total Outstandings applicable to TCCI shall not exceed the Aggregate Tranche B Commitments, and (ii) the aggregate Outstanding Amount of the Committed Tranche B Loans of any Tranche B Lender Lender, plus such Lender’s ratable share 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 made to TCCI shall not exceed such Lender’s Tranche B CommitmentCommitment and (iii) the aggregate Outstanding Amount of all Committed Loans and Letters of Credit denominated in Alternative Currencies shall not exceed the Alternative Currency Sublimit. Within the limits of each Lender’s Tranche B Commitment, and subject to the other terms and conditions hereof, TCCI the Borrowers may borrow under this Section 2.1(b)2.01, prepay under Section 2.42.05, and, and reborrow under this Section 2.1(b)2.01. Committed Tranche B Loans may be Base Rate Loans, Loans or Eurocurrency Rate Loans, Canadian Prime Rate Loans, Bankers’ Acceptances or BA Equivalent Notes, 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 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 Funding Affiliate Lender shall be obligated to make such Committed Loan pursuant to the terms hereof or, if it fails to do so, to make such payment to the Administrative Agent 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) Subject 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 terms and conditions set forth herein, each Tranche C Lender severally agrees to make loans in Australian Dollars (each such loan, a “Committed Tranche C Loan”) to TFA on any Business Day during the Tranche C Availability Period of such Tranche C Lender, in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s Tranche C Commitment; provided, however, that after giving effect to any Committed Borrowing made by the Tranche C Lenders, (i) the Total Outstandings applicable to TFA shall not exceed the Aggregate Tranche C Commitmentssame extent, and (ii) the aggregate Outstanding Amount of the Committed Tranche C Loans of any Tranche C Lender plus such Lender’s ratable share of the Outstanding Amount of all Swing Line Loans made to TFA plus, in the case of a Tranche C Lender that is, or has an Affiliate that is, a Swing Line Lender having a Swing Line Commitment in Australian Dollars and without duplicationas if, such Lender’s (or Affiliate’s) Swing Line Loans made to TFA shall not exceed such Lender’s Tranche C Commitment. Within the limits of each Lender’s Tranche C Commitment, and subject to the other terms and conditions hereof, TFA may borrow under this Section 2.1(c), prepay under Section 2.4, and, reborrow under this Section 2.1(c). (d) After giving effect to Committed Loans made pursuant to this Section 2.1, the aggregate Outstanding Amount of all Loans (other than Money Market Loans) Loan were made by such Lender or its Affiliates shall not exceed such Funding Affiliate Lender’s Commitment Cap.

Appears in 1 contract

Samples: Second Amendment (Stericycle Inc)

Committed Loans. (a) Subject to the terms and conditions set forth herein, each Tranche A Lender severally agrees to make loans in US Dollars or in one or more Alternative Currencies an Optional Currency (each such loan, a "Committed Tranche A Loan") to the Tranche A Borrowers Borrower from time to time, on any Business Day during the Tranche A Availability Period of such Tranche A Lender, in an amount not to exceed the amount of such Lender’s Unused Tranche A Commitment at such time. Within the limits of each Lender’s Unused Tranche A Commitment, and subject to the other terms and conditions hereof, the Tranche A Borrowers may borrow under this Section 2.1(a), prepay under Section 2.4, and reborrow under this Section 2.1(a). Committed Tranche A Loans may be Base Rate Loans or Eurocurrency Rate Loans, as further provided herein. (b) Subject to the terms and conditions set forth herein, each Tranche B Lender severally agrees to make loans to TCCI in US Dollars or in one or more Alternative Currencies, and (i) in the case of a Tranche B Lender willing and able to accept Drafts, to create acceptances (“Bankers’ Acceptances”) by accepting Drafts and to purchase such Bankers’ Acceptances in accordance with Section 2.15(a) and (ii) in the case of a Tranche B Lender which is unwilling or unable to accept Drafts, to purchase completed Drafts, which will not be accepted by the Tranche B Lender or any other Tranche B Lender in accordance with Section 2.15 from time to time, on any Business Day during the Tranche B Availability Period of such Tranche B LenderPeriod, in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s Tranche B 's Commitment; provided, however, that after giving effect to any Committed Borrowing made by the Tranche B LendersBorrowing, (i) the Total Outstandings applicable to TCCI shall not exceed the Aggregate Tranche B Commitments, and (ii) the aggregate Outstanding Amount of the Committed Tranche B Loans of any Tranche B Lender Lender, plus such Lender’s ratable share '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 made to TCCI shall not exceed such Lender’s Tranche B '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), Agent shall calculate the Equivalent Value of Optional Currency Advances based on the Equivalent Value of the 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 determine or the Lenders shall require. If at any time the Total Outstandings exceed the Aggregate Commitments, Borrower shall on Demand make payment to Agent, for the pro rata benefit of Lenders, in Dollars 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 Tranche B 's Commitment, and subject to the other terms and conditions hereof, TCCI Borrower may borrow under this Section 2.1(b)2.1, prepay under Section 2.42.5, and, and reborrow under this Section 2.1(b2.1. Neither Agent nor any Lender shall be responsible for the Commitment of any other Lender, nor will the failure of any Lender to perform its obligations under its Commitment in any way relieve any other Lender from performing its obligations under its Commitment. (b) The Domestic Borrowers have the option of increasing the Domestic Credit Facility (the "Domestic Credit Facility Increase") provided, among other conditions, that (i) the Aggregate Commitments are decreased dollar for dollar (the "Aggregate Commitments Decrease"), (ii) the Domestic Borrowers give Agent and Lenders at least ten (10) days written notice of any requested Domestic Credit Facility Increase, and (iii) no Default or Event of Default exists or is continuing or would be created under this Agreement as a result thereof. Committed Tranche B Loans may In the event the Domestic Borrowers elect to make a Domestic Credit Facility Increase, the Aggregate Commitments shall be Base Rate Loans, Eurocurrency Rate Loans, Canadian Prime Rate Loans, Bankers’ Acceptances or BA Equivalent Notesdecreased subject to compliance with each of the following conditions precedent in a manner satisfactory in all respects to Lenders and Agent, as further provided hereinfollows: (i) the maximum principal amount of the Domestic Credit Facility Aggregate Commitments and the Aggregate Commitments shall not exceed $65,000,000 in the aggregate; (ii) Borrower, Lenders and Agent execute documents, at Borrower's expense, to evidence the Aggregate Commitments Decrease, including (A) Notes evidencing each Lender's Pro Rata Share of the Aggregate Commitments as decreased by the Aggregate Commitments Decrease, (B) an amendment to this Agreement to reflect the Aggregate Commitments as decreased by the Aggregate Commitments Decrease and any related modifications; (C) such other documents as any Lender and/or Agent may reasonably require; and (iii) Borrower shall repay the Loan or cancel Letters of Credit as necessary to reduce the Total Outstandings in compliance with Aggregate Commitments as decreased by the Aggregate Commitments Decrease. (c) Subject Borrower may elect to convert Committed Borrowings to term loans ("Converted Borrowings") upon approval of Agent and Lenders provided that the Converted Borrowings shall occur in minimum original principal amounts of not less than $1,000,000 and increments of $500,000 and such other terms as are approved by Agent and Lenders. The obligation of the Borrower to repay Converted Borrowings shall be evidenced by promissory notes payable to the Lenders substantially in the in the form of Exhibit C with necessary revisions to incorporate the repayment terms and conditions set forth herein, each Tranche C Lender severally agrees to make loans in Australian Dollars (each such loan, a “Committed Tranche C Loan”) to TFA on any Business Day during the Tranche C Availability Period of such Tranche C Lender, in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s Tranche C Commitment; provided, however, that after giving effect to any Committed Borrowing made agreed upon by the Tranche C LendersAgent, (i) Lenders and Borrower. In no event will the Total Outstandings applicable to TFA shall not maturity of any Converted Borrowings exceed the Aggregate Tranche C Commitments, and (ii) Maturity Date. All outstanding Converted Borrowings shall reduce the aggregate Outstanding Amount of amounts otherwise available to Borrower under the Committed Tranche C Loans of any Tranche C Lender plus such Lender’s ratable share of the Outstanding Amount of all Swing Line Loans made to TFA plus, in the case of a Tranche C Lender that is, or has an Affiliate that is, a Swing Line Lender having a Swing Line Commitment in Australian Dollars and without duplication, such Lender’s Loan. Borrower shall give Agent at least ten (or Affiliate’s10) Swing Line Loans made to TFA shall not exceed such Lender’s Tranche C Commitment. Within the limits Business Days' notice of each Lender’s Tranche C Commitment, and subject to the other terms and conditions hereof, TFA may borrow under this Section 2.1(c), prepay under Section 2.4, and, reborrow under this Section 2.1(c)proposed Converted Borrowing. (d) After giving effect to Committed Loans made pursuant to this Section 2.1, the aggregate Outstanding Amount of all Loans (other than Money Market Loans) made by such Lender or its Affiliates shall not exceed such Lender’s Commitment Cap.

Appears in 1 contract

Samples: Credit Agreement (Micros Systems Inc)

Committed Loans. (a) Subject to the terms and conditions set forth herein, each Tranche A Lender severally agrees to make loans in US Dollars or in one or more Alternative Currencies (each such loan, loan a "Committed Loan") in Dollars as follows: (a) Each Lender that has a Tranche A Loan”) A-1 Term Loan Commitment severally agrees to lend to the Tranche A Borrowers from time to time, Borrower on any Business Day during the Tranche A Availability Period of such Tranche A Lender, in Closing Date an amount not to exceed the exceeding its Tranche A-1 Term Loan Commitment. The aggregate amount of such Lender’s Unused Tranche A Commitment at such time. Within the limits of each Lender’s Unused Tranche A Commitment, and subject to the other terms and conditions hereof, the Tranche A Borrowers A-1 Term Loan Commitments is $250,000,000. The Borrower may borrow make only one borrowing under the Tranche A-1 Term Loan Commitments. Amounts borrowed under this Section 2.1(a), prepay under Section 2.4, 2.01(a) and reborrow under this Section 2.1(a)subsequently repaid or prepaid may not be reborrowed. Committed Tranche A A-1 Term Loans may be Base Rate Loans or Eurocurrency Eurodollar Rate Loans, as further provided herein. (b) Subject Each Lender that has a Tranche A-2 Term Loan Commitment severally agrees to lend to the terms and Borrower, on any Business Day after the conditions set forth in Section 4.03 have been satisfied through and including December 31, 2004, an amount not exceeding its Tranche A-2 Term Loan Commitment. The aggregate amount of the Tranche A-2 Term Loan Commitments is $300,000,000. Each Lender's Tranche A-2 Term Loan Commitment shall expire immediately and without further action on December 31, 2004 if the Tranche A-2 Term Loans are not made on or before that date. The Borrower may make only one borrowing under the Tranche A-2 Term Loan Commitments. Amounts borrowed under this Section 2.01(b) and subsequently repaid or prepaid may not be reborrowed. Tranche A-2 Term Loans may be Base Rate Loans or Eurodollar Rate Loans, as further provided herein, each . (c) Each Lender that has a Tranche B Term Loan Commitment severally agrees to lend to the Borrower on the Closing Date an amount not exceeding its Tranche B Term Loan Commitment. The aggregate amount of the Tranche B Term Loan Commitments is $150,000,000. The Borrower may make only one borrowing under the Tranche B Term Loan Commitments. Amounts borrowed under this Section 2.01(c) and subsequently repaid or prepaid may not be reborrowed. Tranche B Term Loans may be Base Rate Loans or Eurodollar Rate Loans, as further provided herein. (d) Each Revolving Lender severally agrees to make loans Revolving Loans to TCCI in US Dollars or in one or more Alternative Currencies, and (i) in the case of a Tranche B Lender willing and able to accept Drafts, to create acceptances (“Bankers’ Acceptances”) by accepting Drafts and to purchase such Bankers’ Acceptances in accordance with Section 2.15(a) and (ii) in the case of a Tranche B Lender which is unwilling or unable to accept Drafts, to purchase completed Drafts, which will not be accepted by the Tranche B Lender or any other Tranche B Lender in accordance with Section 2.15 Borrower from time to time, on any Business Day during the Tranche B Availability Period of such Tranche B LenderPeriod, in an aggregate amount not to exceed at any time outstanding the amount of such Revolving Lender’s Tranche B 's Revolving Loan Commitment; provided, however, that after giving effect to any Committed Borrowing made by the Tranche B LendersRevolving Loan, (i) the Total Outstandings applicable to TCCI Utilization of Revolving Loan Commitments shall not exceed the Aggregate Tranche B Revolving Loan Commitments, and (ii) the sum of (A) the aggregate Outstanding Amount of the Committed Tranche B Revolving Loans of any Tranche B Lender Revolving Lender, plus (B) such Revolving Lender’s ratable share 's Pro Rata Share of the Outstanding Amount of all L/C Obligations, plus (C) such Revolving Lender's Pro Rata Share of the Outstanding Amount of all Swing Line Loans made to TCCI shall not exceed such Revolving Lender’s Tranche B 's Revolving Loan Commitment. The original aggregate amount of the Revolving Loan Commitments is $500,000,000; provided, however, that the Borrower shall not request, and no Lender shall make, any Revolving Loans that would result in the Total Utilization of Revolving Loan Commitments exceeding $190,000,000 until the conditions set forth in Section 4.03 have 39 been satisfied. Within the limits of each Lender’s Tranche B Commitmentthis Section 2.01(d), and subject to the other terms and conditions hereof, TCCI the Borrower may borrow Revolving Loans under this Section 2.1(b2.01(d), prepay Revolving Loans under Section 2.42.08, and, and reborrow Revolving Loans under this Section 2.1(b2.01(d). Committed Tranche B Revolving Loans may be Base Rate Loans, Eurocurrency Loans or Eurodollar Rate Loans, Canadian Prime Rate Loans, Bankers’ Acceptances or BA Equivalent Notes, as further provided herein. (c) Subject to the terms and conditions set forth herein, each Tranche C Lender severally agrees to make loans in Australian Dollars (each such loan, a “Committed Tranche C Loan”) to TFA on any Business Day during the Tranche C Availability Period of such Tranche C Lender, in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s Tranche C Commitment; provided, however, that after giving effect to any Committed Borrowing made by the Tranche C Lenders, (i) the Total Outstandings applicable to TFA shall not exceed the Aggregate Tranche C Commitments, and (ii) the aggregate Outstanding Amount of the Committed Tranche C Loans of any Tranche C Lender plus such Lender’s ratable share of the Outstanding Amount of all Swing Line Loans made to TFA plus, in the case of a Tranche C Lender that is, or has an Affiliate that is, a Swing Line Lender having a Swing Line Commitment in Australian Dollars and without duplication, such Lender’s (or Affiliate’s) Swing Line Loans made to TFA shall not exceed such Lender’s Tranche C Commitment. Within the limits of each Lender’s Tranche C Commitment, and subject to the other terms and conditions hereof, TFA may borrow under this Section 2.1(c), prepay under Section 2.4, and, reborrow under this Section 2.1(c). (d) After giving effect to Committed Loans made pursuant to this Section 2.1, the aggregate Outstanding Amount of all Loans (other than Money Market Loans) made by such Lender or its Affiliates shall not exceed such Lender’s Commitment Cap.

Appears in 1 contract

Samples: Credit Agreement (Fisher Scientific International Inc)

Committed Loans. (a) Subject to the terms and conditions set forth herein, each Tranche A Lender severally agrees to make loans in US Dollars or in one or more Alternative Currencies (each such loan, a “Committed Tranche A Loan”) to the Tranche A Borrowers from time to time, on any Business Day during the Tranche A Availability Period of such Tranche A LenderPeriod, in an aggregate amount not to exceed at any time outstanding the lesser of (x) the amount of such Lender’s Unused Tranche A Commitment Commitment, or (y) such Lender’s Applicable Percentage of the Borrowing Base; subject in each case to the following limitations: (i) after giving effect to any Committed Borrowing, the Total Outstandings shall not exceed the Loan Cap, (ii) after giving effect to any Committed Borrowing, the aggregate Outstanding Amount of the Committed Loans of any Lender, plus such Lender’s Applicable Percentage of the Outstanding Amount of all LC 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 Outstanding Amount of all LC Obligations shall not at such timeany time exceed the Letter of Credit Sublimit. Within the limits of each Lender’s Unused Tranche A Commitment, and subject to the other terms and conditions hereof, the Tranche A Borrowers may borrow under this Section 2.1(a)2.01, prepay under Section 2.42.05, and reborrow under this Section 2.1(a)2.01. Committed Tranche A Loans may be Base Rate Loans or Eurocurrency LIBO Rate Loans, as further provided herein. (b) Subject The Administrative Agent shall have the right, at any time and from time to time after the terms and conditions set forth hereinClosing Date in its Permitted Discretion to establish, each Tranche B Lender severally agrees modify or eliminate Reserves, provided, that, at any time a Material Debt Reserve has been established, the Administrative Agent shall only modify or eliminate such Reserve with the prior consent of the Required Lenders. The Administrative Agent will provide the Lead Borrower five (5) Business Day’s prior notice of the establishment of any new categories of Reserves or for changes in the methodology of the calculation of an existing category of Reserves (during which time the Administrative Agent shall be available at reasonable times to make loans to TCCI discuss any such proposed Reserve or change in US Dollars or in one or more Alternative Currenciesmethodology of calculation of an existing category of Reserve with the Borrowers), and provided, that, no such notice shall be required (i) in at any time that a Default or Event of Default shall have occurred and be continuing, (ii) for changes to any Reserves resulting solely by virtue of mathematical calculations of the case amount of a Tranche B Lender willing and able to accept Drafts, to create acceptances (“Bankers’ Acceptances”) by accepting Drafts and to purchase such Bankers’ Acceptances the Reserve in accordance with Section 2.15(athe methodology of calculation previously utilized (such as, but not limited to, rent and Customer Credit Liabilities), or (iii) and for changes to categories of Reserves or methodology of calculation if a Material Adverse Effect has occurred or it would be reasonably likely that a Material Adverse Effect would occur were such categories of Reserves or methodology not changed prior to the expiration of such five (ii5) in the case of a Tranche B Lender which is unwilling or unable to accept Drafts, to purchase completed Drafts, which will not be accepted by the Tranche B Lender or any other Tranche B Lender in accordance with Section 2.15 from time to time, on any Business Day during the Tranche B Availability Period of such Tranche B Lender, in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s Tranche B Commitment; provided, however, that after giving effect to any Committed Borrowing made by the Tranche B Lenders, (i) the Total Outstandings applicable to TCCI shall not exceed the Aggregate Tranche B Commitments, and (ii) the aggregate Outstanding Amount of the Committed Tranche B Loans of any Tranche B Lender plus such Lender’s ratable share of the Outstanding Amount of all Swing Line Loans made to TCCI shall not exceed such Lender’s Tranche B Commitmentperiod. Within the limits of each Lender’s Tranche B Commitment, and subject to the other terms and conditions hereof, TCCI may borrow under this Section 2.1(b), prepay under Section 2.4, and, reborrow under this Section 2.1(b). Committed Tranche B Loans may be Base Rate Loans, Eurocurrency Rate Loans, Canadian Prime Rate Loans, Bankers’ Acceptances or BA Equivalent Notes, as further provided herein. (c) Subject to the terms and conditions set forth herein, each Tranche C Lender severally agrees to make loans in Australian Dollars (each such loan, a “Committed Tranche C Loan”) to TFA on any Business Day during the Tranche C Availability Period of such Tranche C Lender, in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s Tranche C Commitment; provided, however, that after giving effect to any Committed Borrowing made by the Tranche C Lenders, (i) the Total Outstandings applicable to TFA shall not exceed the Aggregate Tranche C Commitments, and (ii) the aggregate Outstanding Amount of the Committed Tranche C Loans of any Tranche C Lender plus such Lender’s ratable share of the Outstanding Amount of all Swing Line Loans made to TFA plus, in the case of a Tranche C Lender that is, or has an Affiliate that is, a Swing Line Lender having a Swing Line Commitment in Australian Dollars and without duplication, such Lender’s (or Affiliate’s) Swing Line Loans made to TFA shall not exceed such Lender’s Tranche C Commitment. Within the limits of each Lender’s Tranche C Commitment, and subject to the other terms and conditions hereof, TFA may borrow under this Section 2.1(c), prepay under Section 2.4, and, reborrow under this Section 2.1(c). (d) After giving effect to Committed Loans made pursuant to this Section 2.1, the aggregate Outstanding Amount of all Loans (other than Money Market Loans) made by such Lender or its Affiliates shall not exceed such Lender’s Commitment Cap.86

Appears in 1 contract

Samples: Credit Agreement (Supervalu Inc)

Committed Loans. (a) Subject to the terms and conditions set forth herein, each Tranche A Lender (A) that has a Revolving Loan Commitment severally agrees to make loans under such Revolving Loan Commitment in US Dollars or (each such loan, a "Revolving Loan", and (B) that has a Term Loan Commitment severally agrees to make loans under such commitments in one or more Alternative Currencies Dollars (each such loan, a “Term Loan” and together with any Revolving Loan, a "Committed Tranche A Loan") for the account of any Borrower as designated by the Administrative Borrower pursuant to the Tranche A Borrowers Section 2.02(a) from time to time, on any Business Day during the Tranche A Availability Period of such Tranche A Lender, in an amount not to exceed the amount of such Lender’s Unused Tranche A Commitment at such time. Within the limits of each Lender’s Unused Tranche A Commitment, and subject to the other terms and conditions hereof, the Tranche A Borrowers may borrow under this Section 2.1(a), prepay under Section 2.4, and reborrow under this Section 2.1(a). Committed Tranche A Loans may be Base Rate Loans or Eurocurrency Rate Loans, as further provided herein. (b) Subject to the terms and conditions set forth herein, each Tranche B Lender severally agrees to make loans to TCCI in US Dollars or in one or more Alternative Currencies, and (i) in the case of a Tranche B Lender willing and able to accept Drafts, to create acceptances (“Bankers’ Acceptances”) by accepting Drafts and to purchase such Bankers’ Acceptances in accordance with Section 2.15(a) and (ii) in the case of a Tranche B Lender which is unwilling or unable to accept Drafts, to purchase completed Drafts, which will not be accepted by the Tranche B Lender or any other Tranche B Lender in accordance with Section 2.15 from time to time, on any Business Day during the Tranche B Availability Period of such Tranche B LenderPeriod, in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s Tranche B Revolving Loan Commitment or Term Loan Commitment, as applicable; provided, however, that after giving effect to any Committed Borrowing made by the Tranche B LendersRevolving Borrowing, (i) the Total Outstandings applicable to TCCI shall not exceed the Aggregate Tranche B Commitments, and (ii) with respect to any Revolving Loan, the aggregate Outstanding Amount of the Committed Tranche B Revolving Loans of any Tranche B Lender Lender, plus such Lender’s ratable share 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 made to TCCI shall not exceed such Lender’s Tranche B 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 Term Loan Commitment. Within the limits of each Lender’s Tranche B Revolving Loan Commitment, and subject to the other terms and conditions hereof, TCCI any of the Borrowers may borrow a Revolving Loan under this Section 2.1(b)2.01, prepay a Revolving Loan under Section 2.42.06, and, and reborrow a Revolving Loan under this Section 2.1(b2.01. 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 Tranche B Loans may be Base Rate Loans or LIBOR Loans, Eurocurrency Rate Loans, Canadian Prime Rate Loans, Bankers’ Acceptances or BA Equivalent Notes, as further provided herein. (c) Subject to the terms and conditions set forth herein, each Tranche C Lender severally agrees to make loans in Australian Dollars (each such loan, a “Committed Tranche C Loan”) to TFA on any Business Day during the Tranche C Availability Period of such Tranche C Lender, in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s Tranche C Commitment; provided, however, that after giving effect to any Committed Borrowing made by the Tranche C Lenders, (i) the Total Outstandings applicable to TFA shall not exceed the Aggregate Tranche C Commitments, and (ii) the aggregate Outstanding Amount of the Committed Tranche C Loans of any Tranche C Lender plus such Lender’s ratable share of the Outstanding Amount of all Swing Line Loans made to TFA plus, in the case of a Tranche C Lender that is, or has an Affiliate that is, a Swing Line Lender having a Swing Line Commitment in Australian Dollars and without duplication, such Lender’s (or Affiliate’s) Swing Line Loans made to TFA shall not exceed such Lender’s Tranche C Commitment. Within the limits of each Lender’s Tranche C Commitment, and subject to the other terms and conditions hereof, TFA may borrow under this Section 2.1(c), prepay under Section 2.4, and, reborrow under this Section 2.1(c). (d) After giving effect to Committed Loans made pursuant to this Section 2.1, the aggregate Outstanding Amount of all Loans (other than Money Market Loans) made by such Lender or its Affiliates shall not exceed such Lender’s Commitment Cap.

Appears in 1 contract

Samples: Credit Agreement (Potlatchdeltic Corp)

Committed Loans. (a) Subject to the terms and conditions set forth herein, each Tranche A Lender severally agrees to make loans in US Dollars or in one or more Alternative Currencies (each such loan, a “Committed Tranche A Loan”) to the Tranche A Borrowers from time to time, on any Business Day during the Tranche A Availability Period of such Tranche A LenderPeriod, in an amount not to exceed the amount of such Lender’s Unused Tranche A Commitment at such time. Within the limits of each Lender’s Unused Tranche A Commitment, and subject to the other terms and conditions hereof, the Tranche A Borrowers may borrow under this Section 2.1(a), prepay under Section 2.4, and and, unless converted to a Term Loan pursuant to Section 2.13(c), reborrow under this Section 2.1(a). Committed Tranche A Loans may be Base Rate Loans, Term Rate Loans or Eurocurrency Rate SXXXX Loans, as further provided herein. (b) Subject to the terms and conditions set forth herein, each Tranche B Lender severally agrees to make loans to TCCI in US Dollars or in one or more Alternative CurrenciesCurrencies (each such loan, and (i) in the case of a “Committed Tranche B Lender willing and able to accept Drafts, to create acceptances (“Bankers’ AcceptancesLoan) by accepting Drafts and to purchase such Bankers’ Acceptances in accordance with Section 2.15(a) and (ii) in the case of a Tranche B Lender which is unwilling or unable to accept Drafts, to purchase completed Drafts, which will not be accepted by the Tranche B Lender or any other Tranche B Lender in accordance with Section 2.15 from time to time), on any Business Day during the Tranche B Availability Period of such Tranche B Lender, in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s Tranche B Commitment; provided, however, that after giving effect to any Committed Borrowing made by the Tranche B Lenders, (i) the Total Outstandings applicable to TCCI shall not exceed the Aggregate Tranche B Commitments, and (ii) the aggregate Outstanding Amount of the Committed Tranche B Loans of any Tranche B Lender plus such Lender’s ratable share of the Outstanding Amount of all Swing Line Loans made to TCCI shall not exceed such Lender’s Tranche B Commitment. Within the limits of each Lender’s Tranche B Commitment, and subject to the other terms and conditions hereof, TCCI may borrow under this Section 2.1(b), prepay under Section 2.4, and, unless converted to a Term Loan pursuant to Section 2.13(c), reborrow under this Section 2.1(b). Committed Tranche B Loans may be Base Rate Loans, Eurocurrency Term Rate Loans, SXXXX Loans or Canadian Prime Rate Loans, Bankers’ Acceptances or BA Equivalent Notes, as further provided herein. (c) Subject to the terms and conditions set forth herein, each Tranche C Lender severally agrees to make loans in Australian Dollars (each such loan, a “Committed Tranche C Loan”) to TFA the Tranche C Borrower on any Business Day during the Tranche C Availability Period of such Tranche C LenderPeriod, in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s Tranche C Commitment; provided, however, that after giving effect to any Committed Borrowing made by the Tranche C Lenders, (i) the Total Outstandings applicable to TFA the Tranche C Borrower shall not exceed the Aggregate Tranche C Commitments, and (ii) the aggregate Outstanding Amount of the Committed Tranche C Loans of any Tranche C Lender plus such Lender’s ratable share of the Outstanding Amount of all Swing Line Loans made to TFA the Tranche C Borrower plus, in the case of a Tranche C Lender that is, or has an Affiliate that is, a Swing Line Lender having a Swing Line Commitment in Australian Dollars and without duplication, such Lender’s (or Affiliate’s) Swing Line Loans made to TFA the Tranche C Borrower shall not exceed such Lender’s Tranche C Commitment. Within the limits of each Lender’s Tranche C Commitment, and subject to the other terms and conditions hereof, TFA the Tranche C Borrower may borrow under 33 Toyota - 364 Day Credit Agreement Tranche C pursuant to the terms set forth in this Section 2.1(c), prepay under Section 2.4, and, unless converted to a Term Loan pursuant to Section 2.13(c), reborrow under this Section 2.1(c). (d) After giving effect to Committed Loans made pursuant to this Section 2.1, the aggregate Outstanding Amount of all Loans (other than Money Market Loans) made by such Lender or its Affiliates shall not exceed such Lender’s Commitment Cap.

Appears in 1 contract

Samples: 364 Day Credit Agreement (Toyota Motor Credit Corp)

Committed Loans. (a) Subject to the terms and conditions set forth herein, including without limitation the terms and conditions of Sections 2.02(f) and (g) below and, in the case of any Designated Borrower, subject to Section 2.14 below, each Tranche A Lender severally agrees to make loans (each such loan, a “Committed Loan”) to the Borrowers in US Dollars or in one or more Alternative Currencies (each such loan, a “Committed Tranche A Loan”) to the Tranche A Borrowers from time to time, on any Business Day during the Tranche A Availability Period of such Tranche A Lender, in an amount not to exceed the amount of such Lender’s Unused Tranche A Commitment at such time. Within the limits of each Lender’s Unused Tranche A Commitment, and subject to the other terms and conditions hereof, the Tranche A Borrowers may borrow under this Section 2.1(a), prepay under Section 2.4, and reborrow under this Section 2.1(a). Committed Tranche A Loans may be Base Rate Loans or Eurocurrency Rate Loans, as further provided herein. (b) Subject to the terms and conditions set forth herein, each Tranche B Lender severally agrees to make loans to TCCI in US Dollars or in one or more Alternative Currencies, and (i) in the case of a Tranche B Lender willing and able to accept Drafts, to create acceptances (“Bankers’ Acceptances”) by accepting Drafts and to purchase such Bankers’ Acceptances in accordance with Section 2.15(a) and (ii) in the case of a Tranche B Lender which is unwilling or unable to accept Drafts, to purchase completed Drafts, which will not be accepted by the Tranche B Lender or any other Tranche B Lender in accordance with Section 2.15 from time to time, on any Business Day during the Tranche B Availability Period of such Tranche B LenderPeriod, in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s Tranche B Commitment; provided, however, that after giving effect to any Committed Borrowing made by the Tranche B LendersBorrowing, (i) the Total Outstandings applicable to TCCI shall not exceed the Aggregate Tranche B Commitments, and (ii) the aggregate Outstanding Amount of the Committed Tranche B Loans of any Tranche B Lender (less, with respect only to the Alternative Currency Funding Fronting Lender, the aggregate Alternative Currency Risk Participations in all Loans denominated in Alternative Currencies; and less, with respect only to the Singapore Borrowing Funding Fronting Lender, the aggregate Singapore Borrowing Risk Participations in all Loans pursuant to a Singapore Borrowing Event), 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 Funding Fronting Lender, plus, with respect only to the Singapore Borrowing Participating Lenders, the Outstanding Amount of such Lender’s Singapore Borrowing Risk Participations in Loans pursuant to a Singapore Borrowing Event and advanced by the Singapore Borrowing Funding Fronting Lender, plus such Lender’s ratable share 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 made to TCCI shall not exceed such Lender’s Tranche B Commitment, (iii) the aggregate Outstanding Amount of all Committed Loans made to the Designated Borrowers shall not exceed the Designated Borrower Sublimit, and (iv) the aggregate Outstanding Amount of all Committed Loans denominated in Alternative Currencies shall not exceed the Alternative Currency Sublimit. Within the limits of each Lender’s Tranche B Commitment, and subject to the other terms and conditions hereof, TCCI the Borrowers may borrow under this Section 2.1(b)2.01, prepay under Section 2.42.05, and, and reborrow under this Section 2.1(b)2.01. Committed Tranche B Loans may be Eurocurrency Rate Loans or, in the case of Committed Loans denominated in Dollars only, Base Rate Loans, Eurocurrency Rate Loans, Canadian Prime Rate Loans, Bankers’ Acceptances or BA Equivalent Notes, as further provided herein. (c) Subject to the terms and conditions set forth herein, each Tranche C Lender severally agrees to make loans in Australian Dollars (each such loan, a “Committed Tranche C Loan”) to TFA on any Business Day during the Tranche C Availability Period of such Tranche C Lender, in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s Tranche C Commitment; provided, however, that after giving effect to any Committed Borrowing made by the Tranche C Lenders, (i) the Total Outstandings applicable to TFA shall not exceed the Aggregate Tranche C Commitments, and (ii) the aggregate Outstanding Amount of the Committed Tranche C Loans of any Tranche C Lender plus such Lender’s ratable share of the Outstanding Amount of all Swing Line Loans made to TFA plus, in the case of a Tranche C Lender that is, or has an Affiliate that is, a Swing Line Lender having a Swing Line Commitment in Australian Dollars and without duplication, such Lender’s (or Affiliate’s) Swing Line Loans made to TFA shall not exceed such Lender’s Tranche C Commitment. Within the limits of each Lender’s Tranche C Commitment, and subject to the other terms and conditions hereof, TFA may borrow under this Section 2.1(c), prepay under Section 2.4, and, reborrow under this Section 2.1(c). (d) After giving effect to Committed Loans made pursuant to this Section 2.1, the aggregate Outstanding Amount of all Loans (other than Money Market Loans) made by such Lender or its Affiliates shall not exceed such Lender’s Commitment Cap.

Appears in 1 contract

Samples: Credit Agreement (Valmont Industries Inc)

Committed Loans. (a) Subject to the terms and conditions set forth herein, each Tranche A Lender severally agrees to make loans in US Dollars or in one or more Alternative Currencies an Optional Currency (each such loan, a “Committed Tranche A Loan”) to the Tranche A Borrowers Borrower from time to time, on any Business Day during the Tranche A Availability Period of such Tranche A Lender, in an amount not to exceed the amount of such Lender’s Unused Tranche A Commitment at such time. Within the limits of each Lender’s Unused Tranche A Commitment, and subject to the other terms and conditions hereof, the Tranche A Borrowers may borrow under this Section 2.1(a), prepay under Section 2.4, and reborrow under this Section 2.1(a). Committed Tranche A Loans may be Base Rate Loans or Eurocurrency Rate Loans, as further provided herein. (b) Subject to the terms and conditions set forth herein, each Tranche B Lender severally agrees to make loans to TCCI in US Dollars or in one or more Alternative Currencies, and (i) in the case of a Tranche B Lender willing and able to accept Drafts, to create acceptances (“Bankers’ Acceptances”) by accepting Drafts and to purchase such Bankers’ Acceptances in accordance with Section 2.15(a) and (ii) in the case of a Tranche B Lender which is unwilling or unable to accept Drafts, to purchase completed Drafts, which will not be accepted by the Tranche B Lender or any other Tranche B Lender in accordance with Section 2.15 from time to time, on any Business Day during the Tranche B Availability Period of such Tranche B LenderPeriod, in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s Tranche B Commitment; provided, however, that after giving effect to any Committed Borrowing made by the Tranche B LendersBorrowing, (i) the Total Outstandings applicable to TCCI shall not exceed the Aggregate Tranche B Commitments, and (ii) the aggregate Outstanding Amount of the Committed Tranche B Loans of any Tranche B Lender Lender, plus such Lender’s ratable share 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 made to TCCI shall not exceed such Lender’s Tranche B Commitment. Within the limits of each Lender’s Tranche B Commitment, and subject to the other terms and conditions hereof, TCCI Borrower may borrow under this Section 2.1(b)2.1, prepay under Section 2.42.5, and, and reborrow under this Section 2.1(b2.1. Neither Administrative Agent nor any Lender shall be responsible for the Commitment of any other Lender, nor will the failure of any Lender to perform its obligations under its Commitment in any way relieve any other Lender from performing its obligations under its Commitment. (b) The Borrower may, at its option, not more than once per calendar quarter, elect to increase the Aggregate Commitments, provided that (i) the Borrower shall give ten (10) Business Days prior written notice to the Administrative Agent of such election; (ii) the Borrower shall decrease the Domestic Credit Facility Aggregate Commitments on a dollar for dollar basis concurrent with the effective date of such increase; (iii) each of the conditions precedent set forth in Section 4.2 shall be satisfied as of the effective date of such increase; (iv) the aggregate amount of the Aggregate Commitments and the Domestic Credit Facility Aggregate Commitments shall not exceed $50,000,000 (less (x) the amount of any prior reduction in the Aggregate Commitments pursuant to Section 2.6 and (y) the amount of any prior reduction in the Domestic Credit Facility Aggregate Commitments pursuant to Section 2.6 of the credit agreement for the Domestic Credit Facility). Committed Tranche B ; (v) such increase shall be in a minimum amount of $5,000,000 and in integral multiples of $1,000,000 in excess thereof; (vi) such requested increase shall only be effective upon receipt by the Administrative Agent of (A) additional Commitments in a corresponding amount of such increase from either existing Lenders and/or one or more other institutions that qualify as Eligible Assignees (it being understood and agreed that no existing Lender shall be required to provide an additional Commitment) and (B) documentation from each institution providing an additional Commitment evidencing its additional Commitment and its obligations under this Agreement in form and substance reasonably acceptable to the Administrative Agent including, without limitation, Notes evidencing each Lender’s Pro Rata Share of the Aggregate Commitments as increase; and (vii) if any Loans may are outstanding at the time of the increase in the Aggregate Commitments, the Borrower shall, if applicable and notwithstanding any provision in any Loan Document requiring the application of payments or prepayments on a pro rata basis, including, without limitation, Section 2.14, prepay one or more existing Loans (such prepayment to be Base Rate subject to Section 3.5) in an amount necessary such that after giving effect to the increase in the Aggregate Commitments, each Lender will hold its pro rata share (based on its Pro Rata Share of the increased Aggregate Commitments) of outstanding Loans, Eurocurrency Rate Loans, Canadian Prime Rate Loans, Bankers’ Acceptances or BA Equivalent Notes, as further provided herein. (c) Subject Borrower may elect to convert Committed Borrowings to term loans (“Converted Borrowings”) upon approval of Agent and Lenders provided that the Converted Borrowings shall occur in minimum original principal amounts of not less than $1,000,000 and increments of $500,000 and such other terms as are approved by Agent and Lenders. The obligation of the Borrower to repay Converted Borrowings shall be evidenced by promissory notes payable to the Lenders substantially in the in the form of Exhibit C with necessary revisions to incorporate the repayment terms and conditions set forth herein, each Tranche C Lender severally agrees to make loans in Australian Dollars (each such loan, a “Committed Tranche C Loan”) to TFA on any Business Day during the Tranche C Availability Period of such Tranche C Lender, in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s Tranche C Commitment; provided, however, that after giving effect to any Committed Borrowing made agreed upon by the Tranche C LendersAgent, (i) Lenders and Borrower. In no event will the Total Outstandings applicable to TFA shall not maturity of any Converted Borrowings exceed the Aggregate Tranche C Commitments, and (ii) Maturity Date. All outstanding Converted Borrowings shall reduce the aggregate Outstanding Amount of amounts otherwise available to Borrower under the Committed Tranche C Loans of any Tranche C Lender plus such Lender’s ratable share of the Outstanding Amount of all Swing Line Loans made to TFA plus, in the case of a Tranche C Lender that is, or has an Affiliate that is, a Swing Line Lender having a Swing Line Commitment in Australian Dollars and without duplication, such Lender’s Loan. Borrower shall give Agent at least ten (or Affiliate’s10) Swing Line Loans made to TFA shall not exceed such Lender’s Tranche C Commitment. Within the limits Business Days’ notice of each Lender’s Tranche C Commitment, and subject to the other terms and conditions hereof, TFA may borrow under this Section 2.1(c), prepay under Section 2.4, and, reborrow under this Section 2.1(c)proposed Converted Borrowing. (d) After giving effect to Committed Loans made pursuant to this Section 2.1, the aggregate Outstanding Amount of all Loans (other than Money Market Loans) made by such Lender or its Affiliates shall not exceed such Lender’s Commitment Cap.

Appears in 1 contract

Samples: Credit Agreement (Micros Systems Inc)

Committed Loans. (a) Subject to the terms and conditions set forth herein, each Tranche A Revolving Lender severally agrees to make loans in US Dollars or in one or more Alternative Currencies (each such loan, a “Committed Tranche A Revolving Loan”) to the Tranche A Borrowers Borrower in Dollars from time to time, time on any Business Day during the Tranche A Revolving Availability Period of such Tranche A Lender, in an aggregate principal amount (x) in accordance with its Applicable Percentage and (y) not to exceed at any time outstanding the amount of such Revolving Lender’s Unused Tranche A Commitment at Revolving Commitment; provided, however, that after giving effect to any Committed Borrowing of Revolving Loans, (i) the Total Outstandings in respect of Revolving Loans shall not exceed the Aggregate Revolving Commitments and (ii) the Credit Exposure of any Lender in respect of Revolving Loans shall not exceed such timeLender’s Revolving Commitment. Within the limits of each Revolving Lender’s Unused Tranche A Revolving Commitment, and subject to the other terms and conditions hereof, the Tranche A Borrowers Borrower may borrow under this Section 2.1(a2.01(a), voluntarily prepay under Section 2.42.05, and reborrow under this Section 2.1(a)2.01. Committed Tranche A Revolving Loans may be Base Rate Loans or Eurocurrency Rate Loans, as further provided herein. (b) Subject to the terms and conditions set forth herein, each Tranche B Term Lender severally agrees to make loans to TCCI in US Dollars or in one or more Alternative Currencies, and (i) in the case of a Tranche B Lender willing and able to accept Drafts, to create acceptances (“Bankers’ Acceptances”) by accepting Drafts and to purchase such Bankers’ Acceptances in accordance with Section 2.15(a) and (ii) in the case of a Tranche B Lender which is unwilling or unable to accept Drafts, to purchase completed Drafts, which will not be accepted by the Tranche B Lender or any other Tranche B Lender in accordance with Section 2.15 from time to time, on any Business Day during the Tranche B Availability Period of such Tranche B Lender, in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s Tranche B Commitment; provided, however, that after giving effect to any Committed Borrowing made by the Tranche B Lenders, (i) the Total Outstandings applicable to TCCI shall not exceed the Aggregate Tranche B Commitments, and (ii) the aggregate Outstanding Amount of the Committed Tranche B Loans of any Tranche B Lender plus such Lender’s ratable share of the Outstanding Amount of all Swing Line Loans made to TCCI shall not exceed such Lender’s Tranche B Commitment. Within the limits of each Lender’s Tranche B Commitment, and subject to the other terms and conditions hereof, TCCI may borrow under this Section 2.1(b), prepay under Section 2.4, and, reborrow under this Section 2.1(b). Committed Tranche B Loans may be Base Rate Loans, Eurocurrency Rate Loans, Canadian Prime Rate Loans, Bankers’ Acceptances or BA Equivalent Notes, as further provided herein. (c) Subject to the terms and conditions set forth herein, each Tranche C Lender severally agrees to make loans in Australian Dollars single term loan (each such loan, a “Committed Tranche C Term Loan”) to TFA the Borrower in Dollars in a single drawing, on any Business Day during the Tranche C Availability Period of such Tranche C LenderClosing Date, in an aggregate amount (i) in accordance with its Applicable Percentage and (ii) not to exceed at any time outstanding the amount of such Term Lender’s Tranche C Term Commitment; provided, however, that . Amounts borrowed in respect of Term Loans under this Section 2.01(b) and paid or prepaid may not be reborrowed. The Term Commitment of each Term Lender to lend to the Borrower shall automatically expire on the earlier to occur of (i) the Closing Date (but only after giving effect to any Committed Borrowing made by the Tranche C Lenders, (i) the Total Outstandings applicable to TFA shall not exceed the Aggregate Tranche C Commitments, and (ii) the aggregate Outstanding Amount of the Committed Tranche C Loans of any Tranche C Lender plus such Lender’s ratable share of the Outstanding Amount of all Swing Line Loans made to TFA plus, in the case of a Tranche C Lender that is, or has an Affiliate that is, a Swing Line Lender having a Swing Line Commitment in Australian Dollars and without duplication, such Lender’s (or Affiliate’s) Swing Line Loans made to TFA shall not exceed such Lender’s Tranche C Commitment. Within the limits of each Lender’s Tranche C Commitment, and subject to the other terms and conditions hereof, TFA may borrow under this Section 2.1(c), prepay under Section 2.4, and, reborrow under this Section 2.1(c). (d) After giving effect to Committed Term Loans made pursuant to this Section 2.12.01(b) on such date) and (ii) the Commitment Termination Date in respect of the Term Commitments. Term Loans may be Base Rate Loans or Eurocurrency Rate Loans, the aggregate Outstanding Amount of all Loans (other than Money Market Loans) made by such Lender or its Affiliates shall not exceed such Lender’s Commitment Capas further provided herein.

Appears in 1 contract

Samples: Credit Agreement (Qualcomm Inc/De)

Committed Loans. (a) Subject to the terms and conditions set forth herein, each Tranche A Revolving Lender severally agrees to make loans in US Dollars or in one or more Alternative Currencies (each such loan, a “Committed Tranche A Loan”) Revolving Loans to the Tranche A Borrowers Borrower from time to time, on any Business Day during the Tranche A Availability Period of such Tranche A Lender, in an amount not to exceed the amount of such Lender’s Unused Tranche A Commitment at such time. Within the limits of each Lender’s Unused Tranche A Commitment, and subject to the other terms and conditions hereof, the Tranche A Borrowers may borrow under this Section 2.1(a), prepay under Section 2.4, and reborrow under this Section 2.1(a). Committed Tranche A Loans may be Base Rate Loans or Eurocurrency Rate Loans, as further provided herein. (b) Subject to the terms and conditions set forth herein, each Tranche B Lender severally agrees to make loans to TCCI in US Dollars or in one or more Alternative Currencies, and (i) in the case of a Tranche B Lender willing and able to accept Drafts, to create acceptances (“Bankers’ Acceptances”) by accepting Drafts and to purchase such Bankers’ Acceptances in accordance with Section 2.15(a) and (ii) in the case of a Tranche B Lender which is unwilling or unable to accept Drafts, to purchase completed Drafts, which will not be accepted by the Tranche B Lender or any other Tranche B Lender in accordance with Section 2.15 from time to time, on any Business Day during the Tranche Class B Availability Period of such Tranche B LenderPeriod, in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s Tranche B Revolving Commitment; provided, howeverhowever , that after giving effect to any Committed Borrowing made by the Tranche B Lendersof Revolving Loans, (i) the Total Revolving Outstandings applicable to TCCI shall not exceed the Aggregate Tranche B Revolving Commitments, and (ii) the aggregate Outstanding Amount of the Committed Tranche B Revolving Loans of any Tranche B Lender Revolving Lender, plus such Revolving Lender’s ratable share Pro Rata Share of the Outstanding Amount of all L/C Obligations, plus such Revolving Lender’s Pro Rata Share of the Outstanding Amount of all Swing Line Loans made to TCCI shall not exceed such Lender’s Tranche B Revolving Commitment. Within the limits of each Revolving Lender’s Tranche B Revolving Commitment, and subject to the other terms and conditions hereof, TCCI the Borrower may borrow under this Section 2.1(b)2.01 , prepay under Section 2.42.05 , and, and reborrow under this Section 2.1(b). Committed Tranche B 2.01 .. Revolving Loans may be Base Rate Loans, Eurocurrency Loans or Eurodollar Rate Loans, Canadian Prime Rate Loans, Bankers’ Acceptances or BA Equivalent Notes, as further provided herein. (b) On the Class B Maturity Date : (i) the Commitments of all Class B Lenders shall terminate and the Commitments of all Class A Lenders shall continue on the terms herein set forth; (ii) the Borrower shall prepay the outstanding Revolving Loans in an amount sufficient to reduce the outstanding principal amount thereof to an amount not in excess of the aggregate amount of all Class A Commitments; (iii) the Pro Rata Share of each Class A Lender shall be adjusted to reflect the termination of the Commitments of the Class B Lenders; (iv) 50% of all outstanding Loans shall be converted to funded term loans (the “Class A Term Loans ”) that shall be held by all Class A Lenders ratably in accordance with their respective Pro Rata Shares; (v) 50% of all outstanding Loans shall be continued as Revolving Loans held by all Class A Lenders ratably in accordance with their respective Pro Rata Shares; and (vi) after giving effect to the foregoing, any unused Commitments shall continue as Class A Commitments of the Class A Lenders. (c) Subject to the terms and conditions set forth herein, each Tranche C Class A Lender severally agrees to make loans in Australian Dollars (each such loanRevolving Loans to the Borrower from time to time, a “Committed Tranche C Loan”) to TFA on any Business Day during from the Tranche C Availability Period of such Tranche C LenderClass B Maturity Date through the Class A Maturity Date, in an aggregate amount not to exceed at any time outstanding the amount of such Class A Lender’s Tranche C Revolving Commitment; providedprovided , howeverhowever , that after giving effect to any Committed Borrowing made by the Tranche C Lendersof Revolving Loans, (i) the Total Revolving Outstandings applicable to TFA shall not exceed the Aggregate Tranche C Revolving Commitments, and (ii) the aggregate Outstanding Amount of the Committed Tranche C Revolving Loans of any Tranche C Lender Class A Lender, plus such Lender’s ratable share 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 made to TFA plus, in the case of a Tranche C Lender that is, or has an Affiliate that is, a Swing Line Lender having a Swing Line Commitment in Australian Dollars and without duplication, such Lender’s (or Affiliate’s) Swing Line Loans made to TFA shall not exceed such Lender’s Tranche C Revolving Commitment. Within the limits of each Class A Lender’s Tranche C Revolving Commitment, and subject to the other terms and conditions hereof, TFA the Borrower may borrow under this Section 2.1(c)2.01(c) , prepay under Section 2.42.05 , and, and reborrow under this Section 2.1(c)2.01 .. Revolving Loans may be Base Rate Loans or Eurodollar Rate Loans, as further provided herein. (d) After giving effect to Committed Loans made pursuant to this Section 2.1, the aggregate Outstanding Amount of all Loans (other than Money Market Loans) made by such Lender or its Affiliates shall not exceed such Lender’s Commitment Cap.

Appears in 1 contract

Samples: Credit Agreement (International Game Technology)

Committed Loans. (a) Subject to the terms and conditions set forth herein, each Tranche A Lender severally agrees to make loans in US Dollars or in one or more Alternative Currencies (each such loan, a “Committed Tranche A Loan”) to the Tranche A Borrowers Borrower from time to time, on any Business Day during the Tranche A Availability Period of such Tranche A Lender, in an amount not to exceed the amount of such Lender’s Unused Tranche A Commitment at such time. Within the limits of each Lender’s Unused Tranche A Commitment, and subject to the other terms and conditions hereof, the Tranche A Borrowers may borrow under this Section 2.1(a), prepay under Section 2.4, and reborrow under this Section 2.1(a). Committed Tranche A Loans may be Base Rate Loans or Eurocurrency Rate Loans, as further provided herein. (b) Subject to the terms and conditions set forth herein, each Tranche B Lender severally agrees to make loans to TCCI in US Dollars or in one or more Alternative Currencies, and (i) in the case of a Tranche B Lender willing and able to accept Drafts, to create acceptances (“Bankers’ Acceptances”) by accepting Drafts and to purchase such Bankers’ Acceptances in accordance with Section 2.15(a) and (ii) in the case of a Tranche B Lender which is unwilling or unable to accept Drafts, to purchase completed Drafts, which will not be accepted by the Tranche B Lender or any other Tranche B Lender in accordance with Section 2.15 from time to time, on any Business Day during the Tranche B Availability Period of such Tranche B LenderPeriod, in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s Tranche B Commitment; provided, however, that after giving effect to any Committed Borrowing made by the Tranche B LendersBorrowing, (i) the Total Outstandings applicable to TCCI shall not exceed the Aggregate Tranche B Commitments, and (ii) the aggregate Outstanding Amount of the Committed Tranche B Loans of any Tranche B Lender Lender, plus such Lender’s ratable share 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 made to TCCI shall not exceed such Lender’s Tranche B Commitment. Within the limits of each Lender’s Tranche B Commitment, and subject to the other terms and conditions hereof, TCCI Borrower may borrow under this Section 2.1(b)2.1, prepay under Section 2.42.5, and, and reborrow under this Section 2.1(b2.1. Neither Administrative Agent nor any Lender shall be responsible for the Commitment of any other Lender, nor will the failure of any Lender to perform its obligations under its Commitment in any way relieve any other Lender from performing its obligations under its Commitment. (b) The Borrower may, at its option, not more than once per calendar quarter, elect to increase the Aggregate Commitments, provided that (i) the Borrower shall give ten (10) Business Days prior written notice to the Administrative Agent of such election; (ii) the Borrower shall decrease the Foreign Credit Facility Aggregate Commitments on a dollar for dollar basis concurrent with the effective date of such increase; (iii) each of the conditions precedent set forth in Section 4.2 shall be satisfied as of the effective date of such increase; (iv) the aggregate amount of the Aggregate Commitments and the Foreign Credit Facility Aggregate Commitments shall not exceed $50,000,000 (less (x) the amount of any prior reduction in the Aggregate Commitments pursuant to Section 2.6 and (y) the amount of any prior reduction in the Foreign Credit Facility Aggregate Commitments pursuant to Section 2.6 of the credit agreement for the Foreign Credit Facility). Committed Tranche B ; (v) such increase shall be in a minimum amount of $5,000,000 and in integral multiples of $1,000,000 in excess thereof; (vi) such requested increase shall only be effective upon receipt by the Administrative Agent of (A) additional Commitments in a corresponding amount of such increase from either existing Lenders and/or one or more other institutions that qualify as Eligible Assignees (it being understood and agreed that no existing Lender shall be required to provide an additional Commitment) and (B) documentation from each institution providing an additional Commitment evidencing its additional Commitment and its obligations under this Agreement in form and substance reasonably acceptable to the Administrative Agent including, without limitation, Notes evidencing each Lender’s Pro Rata Share of the Aggregate Commitments as increase; and (vii) if any Loans may are outstanding at the time of the increase in the Aggregate Commitments, the Borrower shall, if applicable and notwithstanding any provision in any Loan Document requiring the application of payments or prepayments on a pro rata basis, including, without limitation, Section 2.14, prepay one or more existing Loans (such prepayment to be Base Rate subject to Section 3.5) in an amount necessary such that after giving effect to the increase in the Aggregate Commitments, each Lender will hold its pro rata share (based on its Pro Rata Share of the increased Aggregate Commitments) of outstanding Loans, Eurocurrency Rate Loans, Canadian Prime Rate Loans, Bankers’ Acceptances or BA Equivalent Notes, as further provided herein. (c) Subject Borrower may elect to convert Committed Borrowings to term loans (“Converted Borrowings”) upon approval of Agent and Lenders provided that the Converted Borrowings shall occur in minimum original principal amounts of not less than $1,000,000 and increments of $500,000 and such other terms as are approved by Agent and Lenders. The obligation of the Borrower to repay Converted Borrowings shall be evidenced by promissory notes payable to the Lenders substantially in the in the form of Exhibit C with necessary revisions to incorporate the repayment terms and conditions set forth herein, each Tranche C Lender severally agrees to make loans in Australian Dollars (each such loan, a “Committed Tranche C Loan”) to TFA on any Business Day during the Tranche C Availability Period of such Tranche C Lender, in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s Tranche C Commitment; provided, however, that after giving effect to any Committed Borrowing made agreed upon by the Tranche C LendersAgent, (i) Lenders and Borrower. In no event will the Total Outstandings applicable to TFA shall not maturity of any Converted Borrowings exceed the Aggregate Tranche C Commitments, and (ii) Maturity Date. All outstanding Converted Borrowings shall reduce the aggregate Outstanding Amount of amounts otherwise available to Borrower under the Committed Tranche C Loans of any Tranche C Lender plus such Lender’s ratable share of the Outstanding Amount of all Swing Line Loans made to TFA plus, in the case of a Tranche C Lender that is, or has an Affiliate that is, a Swing Line Lender having a Swing Line Commitment in Australian Dollars and without duplication, such Lender’s Loan. Borrower shall give Agent at least ten (or Affiliate’s10) Swing Line Loans made to TFA shall not exceed such Lender’s Tranche C Commitment. Within the limits Business Days’ notice of each Lender’s Tranche C Commitment, and subject to the other terms and conditions hereof, TFA may borrow under this Section 2.1(c), prepay under Section 2.4, and, reborrow under this Section 2.1(c)proposed Converted Borrowing. (d) After giving effect to Committed Loans made pursuant to this Section 2.1, the aggregate Outstanding Amount of all Loans (other than Money Market Loans) made by such Lender or its Affiliates shall not exceed such Lender’s Commitment Cap.

Appears in 1 contract

Samples: Credit Agreement (Micros Systems Inc)

Committed Loans. (a) Subject to the terms and conditions set forth herein, each Tranche A Lender severally agrees to make loans in US Dollars or in one or more Alternative Currencies (each such loan, a “Committed Tranche A Loan”"COMMITTED LOAN") to the Tranche A Borrowers Borrower from time to time, on any Business Day during the Tranche A Availability Period of such Tranche A Lender, in an amount not to exceed the amount of such Lender’s Unused Tranche A Commitment at such time. Within the limits of each Lender’s Unused Tranche A Commitment, and subject to the other terms and conditions hereof, the Tranche A Borrowers may borrow under this Section 2.1(a), prepay under Section 2.4, and reborrow under this Section 2.1(a). Committed Tranche A Loans may be Base Rate Loans or Eurocurrency Rate Loans, as further provided herein. (b) Subject to the terms and conditions set forth herein, each Tranche B Lender severally agrees to make loans to TCCI in US Dollars or in one or more Alternative Currencies, and (i) in the case of a Tranche B Lender willing and able to accept Drafts, to create acceptances (“Bankers’ Acceptances”) by accepting Drafts and to purchase such Bankers’ Acceptances in accordance with Section 2.15(a) and (ii) in the case of a Tranche B Lender which is unwilling or unable to accept Drafts, to purchase completed Drafts, which will not be accepted by the Tranche B Lender or any other Tranche B Lender in accordance with Section 2.15 from time to time, on any Business Day during the Tranche B Availability Period of such Tranche B LenderPeriod, in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s Tranche B 's Commitment; providedPROVIDED, howeverHOWEVER, that after giving effect to any Committed Borrowing made by the Tranche B LendersBorrowing, (i) the Total Outstandings applicable to TCCI shall not exceed the Aggregate Tranche B Commitments, and (ii) the aggregate Outstanding Amount of the Committed Tranche B Loans of any Tranche B Lender plus Lender, PLUS such Lender’s ratable share '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 made to TCCI shall not exceed such Lender’s Tranche B 's Commitment. Within the limits of each Lender’s Tranche B 's Commitment, and subject to the other terms and conditions hereof, TCCI the Borrower may borrow under this Section 2.1(b)SECTION 2.01, prepay under Section 2.4SECTION 2.05, and, and reborrow under this Section 2.1(b)SECTION 2.01. Committed Tranche B Loans may be Base Rate Loans, Eurocurrency Loans or Eurodollar Rate Loans, Canadian Prime Rate Loans, Bankers’ Acceptances or BA Equivalent Notes, as further provided herein. (cb) Subject As of the Closing Date, there are $0 of Loans outstanding and Letters of Credit with a face amount of $7,497,893.63 outstanding under the Second Amended and Restated Credit Agreement. Pursuant to a separate Assignment and Assumption Agreement, dated as of the Closing Date, the lenders under the Second Amended and Restated Credit Agreement have assigned such Loans to Bank of America, N.A., effective as of the Closing Date. Effective as of the Closing Date, (i) such Loans under the Second Amended and Restated Credit Agreement shall be amended and restated as Loans hereunder and (ii) Bank of America, N.A. hereby assigns a portion of the Commitment to the Lenders hereunder such that, after giving effect to such assignment, the Commitments of the Lenders shall be as set forth on SCHEDULE 2.01. The terms and provisions of Annex 1 of Exhibit E (Assignment and Assumption) are hereby incorporated herein by reference such that the foregoing assignment shall be subject to the terms and conditions set forth herein, each Tranche C Lender severally agrees to make loans in Australian Dollars (each such loan, a “Committed Tranche C Loan”) to TFA on any Business Day during the Tranche C Availability Period of such Tranche C Lender, in an aggregate amount not to exceed at any time outstanding the amount Annex 1 of such Lender’s Tranche C Commitment; provided, however, that after giving effect to any Committed Borrowing made by the Tranche C Lenders, Exhibit E (i) the Total Outstandings applicable to TFA shall not exceed the Aggregate Tranche C Commitments, Assignment and (ii) the aggregate Outstanding Amount of the Committed Tranche C Loans of any Tranche C Lender plus such Lender’s ratable share of the Outstanding Amount of all Swing Line Loans made to TFA plus, in the case of a Tranche C Lender that is, or has an Affiliate that is, a Swing Line Lender having a Swing Line Commitment in Australian Dollars and without duplication, such Lender’s (or Affiliate’s) Swing Line Loans made to TFA shall not exceed such Lender’s Tranche C Commitment. Within the limits of each Lender’s Tranche C Commitment, and subject to the other terms and conditions hereof, TFA may borrow under this Section 2.1(c), prepay under Section 2.4, and, reborrow under this Section 2.1(cAssumption). (d) After giving effect to Committed Loans made pursuant to this Section 2.1, the aggregate Outstanding Amount of all Loans (other than Money Market Loans) made by such Lender or its Affiliates shall not exceed such Lender’s Commitment Cap.

Appears in 1 contract

Samples: Credit Agreement (Columbus McKinnon Corp)

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Committed Loans. (a) Subject to the terms and conditions set forth herein, each Tranche A Lender severally agrees to make loans in US Dollars or in one or more Alternative Currencies (each such loan, a “Committed Tranche A Loan”) to the Tranche A Borrowers in Dollars or in Committed Loan Offshore Currencies from time to time, on any Business Day during the Tranche A Availability Period of such Tranche A Lender, in an amount not to exceed the amount of such Lender’s Unused Tranche A Commitment at such time. Within the limits of each Lender’s Unused Tranche A Commitment, and subject to the other terms and conditions hereof, the Tranche A Borrowers may borrow under this Section 2.1(a), prepay under Section 2.4, and reborrow under this Section 2.1(a). Committed Tranche A Loans may be Base Rate Loans or Eurocurrency Rate Loans, as further provided herein. (b) Subject to the terms and conditions set forth herein, each Tranche B Lender severally agrees to make loans to TCCI in US Dollars or in one or more Alternative Currencies, and (i) in the case of a Tranche B Lender willing and able to accept Drafts, to create acceptances (“Bankers’ Acceptances”) by accepting Drafts and to purchase such Bankers’ Acceptances in accordance with Section 2.15(a) and (ii) in the case of a Tranche B Lender which is unwilling or unable to accept Drafts, to purchase completed Drafts, which will not be accepted by the Tranche B Lender or any other Tranche B Lender in accordance with Section 2.15 from time to time, on any Business Day during the Tranche B Availability Period of such Tranche B LenderPeriod, in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s Tranche B Commitment; provided, however, that after giving effect to any Committed Borrowing made by the Tranche B LendersBorrowing, (i) the Total Outstandings applicable to TCCI shall not exceed the Aggregate Tranche B Commitments, and (ii) the aggregate Outstanding Amount of the Committed Tranche B Loans of any Tranche B Lender Lender, plus such Lender’s ratable share 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 made to TCCI Loans, shall not exceed such Lender’s Tranche B Commitment, (iii) the aggregate Outstanding Amount of all Committed Loans and Swing Line Loans outstanding in Offshore Currencies (other than euro) shall not exceed 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 issued or outstanding in Offshore Currencies (other than euro) shall not exceed the Offshore Currency Committed Loan, Swing Line Loan and Letter of Credit Sublimit. Within the limits of each Lender’s Tranche B Commitment, and subject to the other terms and conditions hereof, TCCI the Borrowers may borrow under this Section 2.1(b)2.01, prepay under Section 2.42.06, and, and reborrow under this Section 2.1(b)2.01. Committed Tranche B Loans may be Base Rate Loans, Eurocurrency Loans or Offshore Rate Loans, Canadian Prime Rate Loans, Bankers’ Acceptances or BA Equivalent Notes, as further provided herein. (c) Subject . Any Loan to a Borrower organized under the terms and conditions set forth herein, each Tranche C Lender severally agrees to make loans in Australian Dollars (each such loan, a “Committed Tranche C Loan”) to TFA on any Business Day during the Tranche C Availability Period of such Tranche C Lender, in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s Tranche C Commitment; provided, however, that after giving effect to any Committed Borrowing made by the Tranche C Lenders, (i) the Total Outstandings applicable to TFA shall not exceed the Aggregate Tranche C Commitments, and (ii) the aggregate Outstanding Amount laws of the Committed Tranche C Loans of any Tranche C Lender plus such Lender’s ratable share of the Outstanding Amount of Netherlands shall at all Swing Line Loans made to TFA plus, in the case of times be provided by a Tranche C Lender that is, or has an Affiliate that is, is a Swing Line Lender having a Swing Line Commitment in Australian Dollars and without duplication, such Non-Public Lender’s (or Affiliate’s) Swing Line Loans made to TFA shall not exceed such Lender’s Tranche C Commitment. Within the limits of each Lender’s Tranche C Commitment, and subject to the other terms and conditions hereof, TFA may borrow under this Section 2.1(c), prepay under Section 2.4, and, reborrow under this Section 2.1(c). (d) After giving effect to Committed Loans made pursuant to this Section 2.1, the aggregate Outstanding Amount of all Loans (other than Money Market Loans) made by such Lender or its Affiliates shall not exceed such Lender’s Commitment Cap.

Appears in 1 contract

Samples: Credit Agreement (Stryker Corp)

Committed Loans. (a) Subject to the terms and conditions set forth herein, each Tranche A Lender severally agrees to make loans (each such loan, a “Committed Loan”) to the Borrowers in US Dollars or in one or more Alternative Currencies (each such loan, a “Committed Tranche A Loan”) to the Tranche A Borrowers from time to time, on any Business Day during the Tranche A Availability Period of such Tranche A Lender, in an amount not to exceed the amount of such Lender’s Unused Tranche A Commitment at such time. Within the limits of each Lender’s Unused Tranche A Commitment, and subject to the other terms and conditions hereof, the Tranche A Borrowers may borrow under this Section 2.1(a), prepay under Section 2.4, and reborrow under this Section 2.1(a). Committed Tranche A Loans may be Base Rate Loans or Eurocurrency Rate Loans, as further provided herein. (b) Subject to the terms and conditions set forth herein, each Tranche B Lender severally agrees to make loans to TCCI in US Dollars or in one or more Alternative Currencies, and (i) in the case of a Tranche B Lender willing and able to accept Drafts, to create acceptances (“Bankers’ Acceptances”) by accepting Drafts and to purchase such Bankers’ Acceptances in accordance with Section 2.15(a) and (ii) in the case of a Tranche B Lender which is unwilling or unable to accept Drafts, to purchase completed Drafts, which will not be accepted by the Tranche B Lender or any other Tranche B Lender in accordance with Section 2.15 from time to time, on any Business Day during the Tranche B Availability Period of such Tranche B LenderPeriod, in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s Tranche B Commitment; provided, however, provided that after giving effect to any Committed Borrowing made by the Tranche B LendersBorrowing, (i) the Total Outstandings applicable to TCCI shall not exceed the Aggregate Tranche B Commitments, and (ii) the aggregate Outstanding Amount of the Committed Tranche B Loans of any Tranche B Lender Lender, plus such Lender’s ratable share 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 made to TCCI shall not exceed such Lender’s Tranche B Commitment, (iii) the Outstanding Amount of all Committed Loans made to all Foreign Borrowers plus the Outstanding Amount of all Foreign Swing Line Loans shall not exceed the Maximum Foreign Borrower Sublimit and (iv) with respect to each individual Foreign Borrower, the Outstanding Amount of all Committed Loans made to such Foreign Borrower plus the Outstanding Amount of all Foreign Swing Line Loans made to such Foreign Borrower shall not exceed the Foreign Borrower Sublimit applicable to such Foreign Borrower. Within the limits of each Lender’s Tranche B Commitment, and subject to the other terms and conditions hereof, TCCI the Borrowers may borrow under this Section 2.1(b)2.01, prepay under Section 2.42.05, and, and reborrow under this Section 2.1(b)2.01. Committed Tranche B Loans may be Base Rate Loans, Loans or Eurocurrency Rate Loans, Canadian Prime Rate Loans, Bankers’ Acceptances or BA Equivalent Notes, as further provided herein. (c) Subject to the terms and conditions set forth herein, ; provided that each Tranche C Lender severally agrees to make loans in Australian Dollars (each such loan, a “Committed Tranche C Loan”) to TFA on any Business Day during the Tranche C Availability Period of such Tranche C Lender, Loan denominated in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s Tranche C Commitment; provided, however, that after giving effect to any Committed Borrowing made by the Tranche C Lenders, (i) the Total Outstandings applicable to TFA Alternative Currency shall not exceed the Aggregate Tranche C Commitments, and (ii) the aggregate Outstanding Amount of the Committed Tranche C Loans of any Tranche C Lender plus such Lender’s ratable share of the Outstanding Amount of all Swing Line Loans made to TFA plus, in the case of be a Tranche C Lender that is, or has an Affiliate that is, a Swing Line Lender having a Swing Line Commitment in Australian Dollars and without duplication, such Lender’s (or Affiliate’s) Swing Line Loans made to TFA shall not exceed such Lender’s Tranche C Commitment. Within the limits of each Lender’s Tranche C Commitment, and subject to the other terms and conditions hereof, TFA may borrow under this Section 2.1(c), prepay under Section 2.4, and, reborrow under this Section 2.1(c)Eurocurrency Rate Loan. (d) After giving effect to Committed Loans made pursuant to this Section 2.1, the aggregate Outstanding Amount of all Loans (other than Money Market Loans) made by such Lender or its Affiliates shall not exceed such Lender’s Commitment Cap.

Appears in 1 contract

Samples: Credit Agreement (Mohawk Industries Inc)

Committed Loans. (a) Subject to the terms and conditions set forth herein, each Tranche A Lender severally agrees to make loans in US Dollars or in one or more Alternative Currencies (each such loan, a "Committed Tranche A Loan") to the Tranche A Borrowers TMCC from time to time, on any Business Day during the Tranche A Availability Period of such Tranche A LenderPeriod, in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s Unused 's Tranche A Commitment at Commitment; provided, however, that after giving effect to any Committed Tranche A Borrowing, (i) the Total Outstandings applicable to TMCC shall not exceed the Aggregate Tranche A Commitments, and (ii) the aggregate Outstanding Amount of the Committed Tranche A Loans of any Tranche A Lender shall not exceed such timeLender's Tranche A Commitment. Within the limits of each Lender’s Unused 's Tranche A Commitment, and subject to the other terms and conditions hereof, the Tranche A Borrowers TMCC may borrow under this Section 2.1(a), prepay under Section 2.4, and reborrow under this Section 2.1(a). Committed Tranche A Loans may be Base Rate Loans or Eurocurrency Eurodollar Rate Loans, as further provided herein. (b) Subject to the terms and conditions set forth herein, each Tranche B Lender severally agrees to make loans to TCCI in US Dollars or in one or more Alternative Currencies(each such loan, and (i) in the case of a "Committed Tranche B Lender willing and able Loan") to accept Drafts, to create acceptances (“Bankers’ Acceptances”) by accepting Drafts and to purchase such Bankers’ Acceptances in accordance with Section 2.15(a) and (ii) in the case of a Tranche B Lender which is unwilling or unable to accept Drafts, to purchase completed Drafts, which will not be accepted by the Tranche B Lender or any other Tranche B Lender in accordance with Section 2.15 TCPR from time to time, on any Business Day during the Tranche B Availability Period of such Tranche B LenderPeriod, in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s 's Tranche B Commitment; provided, however, that after giving effect to any Committed Borrowing made by the Tranche B LendersBorrowing, (i) the Total Outstandings applicable to TCCI TCPR shall not exceed the Aggregate Tranche B Commitments, and (ii) the aggregate Outstanding Amount of the Committed Tranche B Loans of any Tranche B Lender plus such Lender’s ratable share of the Outstanding Amount of all Swing Line Loans made to TCCI shall not exceed such Lender’s 's Tranche B Commitment. Within the limits of each Lender’s 's Tranche B Commitment, and subject to the other terms and conditions hereof, TCCI TCPR may borrow under this Section 2.1(b), prepay under Section 2.4, and, and reborrow under this Section 2.1(b). Committed Tranche B Loans may be Base Rate Loans, Eurocurrency Loans or Eurodollar Rate Loans, Canadian Prime Rate Loans, Bankers’ Acceptances or BA Equivalent Notes, as further provided herein. (c) Subject to the terms and conditions set forth herein, each Tranche C Lender severally agrees to make loans in Australian Dollars (each such loan, a “Committed Tranche C Loan”) to TFA on any Business Day during the Tranche C Availability Period of such Tranche C Lender, in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s Tranche C Commitment; provided, however, that after giving effect to any Committed Borrowing made by the Tranche C Lenders, (i) the Total Outstandings applicable to TFA shall not exceed the Aggregate Tranche C Commitments, and (ii) the aggregate Outstanding Amount of the Committed Tranche C Loans of any Tranche C Lender plus such Lender’s ratable share of the Outstanding Amount of all Swing Line Loans made to TFA plus, in the case of a Tranche C Lender that is, or has an Affiliate that is, a Swing Line Lender having a Swing Line Commitment in Australian Dollars and without duplication, such Lender’s (or Affiliate’s) Swing Line Loans made to TFA shall not exceed such Lender’s Tranche C Commitment. Within the limits of each Lender’s Tranche C Commitment, and subject to the other terms and conditions hereof, TFA may borrow under this Section 2.1(c), prepay under Section 2.4, and, reborrow under this Section 2.1(c). (d) After giving effect to Committed Loans made pursuant to this Section 2.1, the aggregate Outstanding Amount of all Loans (other than Money Market Loans) made by such Lender or its Affiliates shall not exceed such Lender’s Commitment Cap.

Appears in 1 contract

Samples: Five Year Credit Agreement (Toyota Motor Credit Corp)

Committed Loans. (a) Subject to the terms and conditions set forth herein, each Tranche A Lender severally agrees to make loans (each such loan, a “Committed Loan”) to the Borrower in US Dollars or in one or more Alternative Currencies (each such loan, a “Committed Tranche A Loan”) to the Tranche A Borrowers from time to time, on any Business Day during the Tranche A Availability Period of such Tranche A LenderPeriod, in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s Unused Tranche A Commitment at Commitment; provided, however, that after giving effect to any Committed Borrowing, (i) the Total Outstandings shall not exceed the Aggregate Commitments, (ii) the aggregate Outstanding Amount of the Committed Loans of any Lender, plus such timeLender’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 Commitment, and (iii) the aggregate Outstanding Amount of all Committed Loans and L/C-BA Obligations denominated in Alternative Currencies shall not exceed the Alternative Currency Sublimit. Within the limits of each Lender’s Unused Tranche A Commitment, and subject to the other terms and conditions hereof, the Tranche A Borrowers Borrower may borrow under this Section 2.1(a)2.01, prepay under Section 2.42.05, and reborrow under this Section 2.1(a)2.01. Committed Tranche A Loans may be Base Rate Loans or Eurocurrency Rate Loans, as further provided herein. (b) Subject to Upon the terms and conditions set forth hereinRestatement Date, each Tranche B Lender severally agrees to make loans to TCCI in US Dollars or in one or more Alternative Currencies, and (i) in the case of a Tranche B Lender willing and able to accept Drafts, to create acceptances (“Bankers’ Acceptances”) by accepting Drafts and to purchase such Bankers’ Acceptances in accordance with Section 2.15(a) and (ii) in the case of a Tranche B Lender which is unwilling or unable to accept Drafts, to purchase completed Drafts, which will not be accepted by the Tranche B Lender or any other Tranche B Lender in accordance with Section 2.15 from time to time, on any Business Day during the Tranche B Availability Period of such Tranche B Lender, in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s Tranche B Commitment; provided, however, that after giving effect to any Committed Borrowing made by the Tranche B Lenders, (i) the Total Outstandings applicable to TCCI shall not exceed the Aggregate Tranche B Commitments, and (ii) the aggregate Outstanding Amount of the Committed Tranche B Loans of any Tranche B Lender plus such Lender’s ratable share of the Outstanding Amount of all Swing Line Loans made to TCCI shall not exceed such Lender’s Tranche B Commitment. Within the limits of each Lender’s Tranche B Commitment, and subject to the other terms and conditions hereof, TCCI may borrow under this Section 2.1(b), prepay under Section 2.4, and, reborrow under this Section 2.1(b). Committed Tranche B Loans may be Base Rate Loans, Eurocurrency Rate Loans, Canadian Prime Rate Loans, Bankers’ Acceptances or BA Equivalent Notes, as further provided herein. (c) Subject to the terms and conditions set forth herein, each Tranche C Lender severally agrees to make loans in Australian Dollars (each such loan, a “Committed Tranche C Loan”) to TFA on any Business Day during the Tranche C Availability Period of such Tranche C Lender, in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s Tranche C Commitment; provided, however, that after giving effect to any Committed Borrowing made by the Tranche C Lenders, (i) the Total Outstandings applicable to TFA shall not exceed the Aggregate Tranche C Commitments, and (ii) the aggregate Outstanding Amount of the Committed Tranche C Loans of any Tranche C Lender plus such Lender’s ratable share of the Outstanding Amount of all Swing Line Loans made to TFA plus, in the case of a Tranche C Lender that is, or has an Affiliate that is, a Swing Line Lender having a Swing Line Commitment in Australian Dollars and without duplication, such Lender’s (or Affiliate’s) Swing Line Loans made to TFA shall not exceed such Lender’s Tranche C Commitment. Within the limits of each Lender’s Tranche C Commitment, and subject to the other terms and conditions hereof, TFA may borrow under this Section 2.1(c), prepay under Section 2.4, and, reborrow under this Section 2.1(c). (d) After giving effect to Committed Loans made pursuant to this Section 2.1, the aggregate Outstanding Amount of all Loans Existing Commitments (other than Money Market LoansExisting Commitments that have been converted to Commitments hereunder by Existing Lenders pursuant to the Amendment Agreement) made by such Lender or its Affiliates shall not exceed such Lender’s Commitment Capbe terminated.

Appears in 1 contract

Samples: Credit Agreement (Memc Electronic Materials Inc)

Committed Loans. (a) Subject to the terms and conditions set forth herein, each Tranche A Lender severally agrees to make loans (each such loan, a “Committed Loan”) to the Borrower in US Dollars or in one or more Alternative Currencies (each such loan, a “Committed Tranche A Loan”) to the Tranche A Borrowers from time to time, on any Business Day during the Tranche A Availability Period of such Tranche A LenderPeriod, in an aggregate principal amount that will not to exceed result in (a) the amount Total Outstandings exceeding the Aggregate Commitments, (b) the aggregate Outstanding Amount of the Committed Loans of any Lender, plus such Lender’s Unused Tranche A Commitment 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 timetime as to which the other Lenders shall not 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 (c) the aggregate Outstanding Amount of all Committed Loans, all Bid Loans and all L/C Obligations denominated in Alternative Currencies or Discretionary Alternative Currencies exceeding the Alternative Currency Sublimit. Within the limits of each Lender’s Unused Tranche A Commitment, and subject to the other terms and conditions hereof, the Tranche A Borrowers Borrower may borrow under this Section 2.1(a)2.01, prepay under Section 2.42.06, and reborrow under this Section 2.1(a)2.01. Committed Tranche A 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. (b) Subject to the terms and conditions set forth herein, each Tranche B Lender severally agrees to make loans to TCCI in US Dollars or in one or more Alternative Currencies, and (i) in the case of a Tranche B Lender willing and able to accept Drafts, to create acceptances (“Bankers’ Acceptances”) by accepting Drafts and to purchase such Bankers’ Acceptances in accordance with Section 2.15(a) and (ii) in the case of a Tranche B Lender which is unwilling or unable to accept Drafts, to purchase completed Drafts, which will not be accepted by the Tranche B Lender or any other Tranche B Lender in accordance with Section 2.15 from time to time, on any Business Day during the Tranche B Availability Period of such Tranche B Lender, in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s Tranche B Commitment; provided, however, that after giving effect to any Committed Borrowing made by the Tranche B Lenders, (i) the Total Outstandings applicable to TCCI shall not exceed the Aggregate Tranche B Commitments, and (ii) the aggregate Outstanding Amount of the Committed Tranche B Loans of any Tranche B Lender plus such Lender’s ratable share of the Outstanding Amount of all Swing Line Loans made to TCCI shall not exceed such Lender’s Tranche B Commitment. Within the limits of each Lender’s Tranche B Commitment, and subject to the other terms and conditions hereof, TCCI may borrow under this Section 2.1(b), prepay under Section 2.4, and, reborrow under this Section 2.1(b). Committed Tranche B Loans may be Base Rate Loans, Eurocurrency Rate Loans, Canadian Prime Rate Loans, Bankers’ Acceptances or BA Equivalent Notes, as further provided herein. (c) Subject to the terms and conditions set forth herein, each Tranche C Lender severally agrees to make loans in Australian Dollars (each such loan, a “Committed Tranche C Loan”) to TFA on any Business Day during the Tranche C Availability Period of such Tranche C Lender, in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s Tranche C Commitment; provided, however, that after giving effect to any Committed Borrowing made by the Tranche C Lenders, (i) the Total Outstandings applicable to TFA shall not exceed the Aggregate Tranche C Commitments, and (ii) the aggregate Outstanding Amount of the Committed Tranche C Loans of any Tranche C Lender plus such Lender’s ratable share of the Outstanding Amount of all Swing Line Loans made to TFA plus, in the case of a Tranche C Lender that is, or has an Affiliate that is, a Swing Line Lender having a Swing Line Commitment in Australian Dollars and without duplication, such Lender’s (or Affiliate’s) Swing Line Loans made to TFA shall not exceed such Lender’s Tranche C Commitment. Within the limits of each Lender’s Tranche C Commitment, and subject to the other terms and conditions hereof, TFA may borrow under this Section 2.1(c), prepay under Section 2.4, and, reborrow under this Section 2.1(c). (d) After giving effect to Committed Loans made pursuant to this Section 2.1, the aggregate Outstanding Amount of all Loans (other than Money Market Loans) made by such Lender or its Affiliates shall not exceed such Lender’s Commitment Cap.

Appears in 1 contract

Samples: Revolving Credit and Guaranty Agreement (Warner Chilcott LTD)

Committed Loans. (a) Subject to the terms and conditions set forth herein, each Tranche A Lender severally agrees to make loans in US Dollars or in one or more Alternative Currencies (each such loan, a “Committed Tranche A Loan”) to the Tranche A Borrowers from time to time, on any Business Day during the Tranche A Availability Period of such Tranche A Lender, in an amount not to exceed the amount of such Lender’s Unused Tranche A Commitment at such time. Within the limits of each Lender’s Unused Tranche A Commitment, and subject to the other terms and conditions hereof, the Tranche A Borrowers may borrow under this Section 2.1(a), prepay under Section 2.4, and reborrow under this Section 2.1(a). Committed Tranche A Loans may be Base Rate Loans, Term Rate Loans or Eurocurrency Rate SXXXX Loans, as further provided herein. (b) Subject to the terms and conditions set forth herein, each Tranche B Lender severally agrees to make loans to TCCI in US Dollars or in one or more Alternative CurrenciesCurrencies (each such loan, and (i) in the case of a “Committed Tranche B Lender willing and able to accept Drafts, to create acceptances (“Bankers’ AcceptancesLoan) by accepting Drafts and to purchase such Bankers’ Acceptances in accordance with Section 2.15(a) and (ii) in the case of a Tranche B Lender which is unwilling or unable to accept Drafts, to purchase completed Drafts, which will not be accepted by the Tranche B Lender or any other Tranche B Lender in accordance with Section 2.15 from time to time), on any Business Day during the Tranche B Availability Period of such Tranche B Lender, in an aggregate amount not to exceed at any time outstanding the amount of such LenderLxxxxx’s Tranche B Commitment; provided, however, that after giving effect to any Committed Borrowing made by the Tranche B Lenders, (i) the Total Outstandings applicable to TCCI shall not exceed the Aggregate Tranche B Commitments, and (ii) the aggregate Outstanding Amount of the Committed Tranche B Loans of any Tranche B Lender plus such LenderLxxxxx’s ratable share of the Outstanding Amount of all Swing Line Loans made to TCCI shall not exceed such Lender’s Tranche B Commitment. Within the limits of each Lender’s Tranche B Commitment, and subject to the other terms and conditions hereof, TCCI may borrow under this Section 2.1(b), prepay under Section 2.4, and, reborrow under this Section 2.1(b). Committed Tranche B Loans may be Base Rate Loans, Eurocurrency Term Rate Loans, SXXXX Loans or Canadian Prime Rate Loans, Bankers’ Acceptances or BA Equivalent Notes, as further provided herein. (c) Subject to the terms and conditions set forth herein, each Tranche C Lender severally agrees to make loans in Australian Dollars (each such loan, a “Committed Tranche C Loan”) to TFA the Tranche C Borrower on any Business Day during the Tranche C Availability Period of such Tranche C Lender, in an aggregate amount not to exceed at any time outstanding the amount of such LenderLxxxxx’s Tranche C Commitment; provided, however, that after giving effect to any Committed Borrowing made by the Tranche C Lenders, (i) the Total Outstandings applicable to TFA the Tranche C Borrower shall not exceed the Aggregate Tranche C Commitments, and (ii) the aggregate Outstanding Amount of the Committed Tranche C Loans of any Tranche C Lender plus such Lender’s ratable share of the Outstanding Amount of all Swing Line Loans made to TFA the Tranche C Borrower plus, in the case of a Tranche C Lender that is, or has an Affiliate that is, a Swing Line Lender having a Swing Line Commitment in Australian Dollars and without duplication, such Lender’s (or Affiliate’s) Swing Line Loans made to TFA the Tranche C Borrower shall not exceed such LenderLxxxxx’s Tranche C Commitment. Within the limits of each Lender’s Tranche C Commitment, and subject to the other terms and conditions hereof, TFA the Tranche C Borrower may borrow under Tranche C pursuant to the terms set forth in this Section 2.1(c), prepay under Section 2.4, and, reborrow under this Section 2.1(c). (d) After giving effect to Committed Loans made pursuant to this Section 2.1, the aggregate Outstanding Amount of all Loans (other than Money Market Loans) made by such Lender or its Affiliates shall not exceed such Lender’s Commitment Cap.

Appears in 1 contract

Samples: Credit Agreement (Toyota Motor Credit Corp)

Committed Loans. (a) Subject to the terms and conditions set forth herein, each Tranche A Lender severally agrees to make loans in US Dollars or in one or more Alternative Currencies (each such loan, a “Committed Tranche A Loan”) to the Tranche A Borrowers Borrower in each Eligible Currency from time to time, on any Business Day during the Tranche A Availability Period of such Tranche A Lender, in an amount not to exceed the amount of such Lender’s Unused Tranche A Commitment at such time. Within the limits of each Lender’s Unused Tranche A Commitment, and subject to the other terms and conditions hereof, the Tranche A Borrowers may borrow under this Section 2.1(a), prepay under Section 2.4, and reborrow under this Section 2.1(a). Committed Tranche A Loans may be Base Rate Loans or Eurocurrency Rate Loans, as further provided herein. (b) Subject to the terms and conditions set forth herein, each Tranche B Lender severally agrees to make loans to TCCI in US Dollars or in one or more Alternative Currencies, and (i) in the case of a Tranche B Lender willing and able to accept Drafts, to create acceptances (“Bankers’ Acceptances”) by accepting Drafts and to purchase such Bankers’ Acceptances in accordance with Section 2.15(a) and (ii) in the case of a Tranche B Lender which is unwilling or unable to accept Drafts, to purchase completed Drafts, which will not be accepted by the Tranche B Lender or any other Tranche B Lender in accordance with Section 2.15 from time to time, on any Business Day during the Tranche B Availability Period of such Tranche B LenderPeriod, in an aggregate amount not to exceed at any time outstanding the amount of such LenderXxxxxx’s Tranche B Commitment; provided, however, that after giving effect to any Committed Borrowing made by the Tranche B LendersBorrowing, (i) the Total Outstandings applicable (plus the greater of (A) the Aggregate Unfunded Amount minus Cash credited to TCCI the Unfunded Exposure Account (excluding Excluded Amounts) and (B) zero) shall not exceed the Aggregate Tranche B Commitments, Commitments and (ii) the aggregate Outstanding Amount of the Committed Tranche B Loans Revolving Credit Exposure of any Tranche B Lender plus such Lender’s ratable share of the Outstanding Amount of all Swing Line Loans made to TCCI shall not exceed such LenderXxxxxx’s Tranche B Commitment. Within the limits of each Lender’s Tranche B Commitment, and subject to the other terms and conditions hereof, TCCI the Borrower may borrow under this Section 2.1(b)2.01, prepay under Section 2.42.03, and, and reborrow under this Section 2.1(b)2.01. Committed Tranche B Loans may be Base Rate Loans, Eurocurrency Rate Loans, Canadian Prime Loans Alternative Currency Daily Rate Loans or Alternative Currency Term Rate Loans, Bankers’ Acceptances or BA Equivalent Notes, as further provided herein. . So long as no Borrowing Base Deficiency, Currency Asset Amount Shortfall or Default has occurred and is continuing, the Manager, on behalf of the Borrower, may provide a written request substantially in the form of Exhibit G hereto (c) Subject to the terms and conditions set forth hereinsuch request, each Tranche C Lender severally agrees to make loans in Australian Dollars (each such loan, a an Committed Tranche C LoanIncrease Request”) to TFA on any Business Day during the Tranche C Availability Period of such Tranche C Lender, Administrative Agent and the applicable Lender requesting an increase in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s Tranche C 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, however, 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 any Committed Borrowing made by the Tranche C Lenders, such Increase Request (iin whole or in part) the Total Outstandings applicable to TFA shall Aggregate Commitments may not exceed the Aggregate Tranche C CommitmentsMaximum Commitment Amount. If an Increase Request is approved (in whole or in part), and (ii) then the aggregate Outstanding Amount Administrative Agent shall notify the Manager, on behalf of the Committed Tranche C Loans of any Tranche C Lender plus such Lender’s ratable share Borrower, of the Outstanding Amount increase in the Commitment of all Swing Line Loans made to TFA plusthe applicable Lender and the effective date thereof. For the avoidance of doubt, in connection with any approved Increase Request, the case of a Tranche C Lender that is, or has an Affiliate that is, a Swing Line Lender having a Swing Line Commitment in Australian Dollars and without duplication, such Lender’s (or Affiliate’s) Swing Line Loans made to TFA Borrower shall not exceed such Lender’s Tranche C Commitment. Within the limits of each Lender’s Tranche C Commitment, and subject pay to the other terms Lender the applicable fees in the amounts and conditions hereof, TFA may borrow under this at the times specified in the Fee Letter as provided in Section 2.1(c), prepay under Section 2.4, and, reborrow under this Section 2.1(c2.07(c). (d) After giving effect to Committed Loans made pursuant to this Section 2.1, the aggregate Outstanding Amount of all Loans (other than Money Market Loans) made by such Lender or its Affiliates shall not exceed such Lender’s Commitment Cap.

Appears in 1 contract

Samples: Credit Agreement (Blackstone Secured Lending Fund)

Committed Loans. (a) Subject to the terms and conditions set forth hereinherein (including Section 2.14), each Tranche A 1 Lender severally agrees to make loans (each such loan, a “Tranche 1 Loan”) to the Company and to any other Borrowers designated to receive Tranche 1 Loans hereunder, in US Dollars or in one or more Alternative Currencies (each such loan, a “Committed Tranche A Loan”) to the Tranche A Borrowers from time to time, on any Business Day during the Tranche A Availability Period of such Tranche A Lender, in an amount not to exceed the amount of such Lender’s Unused Tranche A Commitment at such time. Within the limits of each Lender’s Unused Tranche A Commitment, and subject to the other terms and conditions hereof, the Tranche A Borrowers may borrow under this Section 2.1(a), prepay under Section 2.4, and reborrow under this Section 2.1(a). Committed Tranche A Loans may be Base Rate Loans or Eurocurrency Rate Loans, as further provided herein. (b) Subject to the terms and conditions set forth herein, each Tranche B Lender severally agrees to make loans to TCCI in US Dollars or in one or more Alternative Currencies, and (i) in the case of a Tranche B Lender willing and able to accept Drafts, to create acceptances (“Bankers’ Acceptances”) by accepting Drafts and to purchase such Bankers’ Acceptances in accordance with Section 2.15(a) and (ii) in the case of a Tranche B Lender which is unwilling or unable to accept Drafts, to purchase completed Drafts, which will not be accepted by the Tranche B Lender or any other Tranche B Lender in accordance with Section 2.15 from time to time, on any Business Day during the Tranche B Availability Period of such Tranche B LenderPeriod, in an aggregate amount not to exceed at any time outstanding the amount of such Tranche 1 Lender’s Tranche B 1 Commitment; provided, however, that after giving effect to any Committed Borrowing made by the Tranche B Lenders1 Borrowing, (i) the Total Tranche 1 Outstandings applicable to TCCI shall not exceed the Aggregate Tranche B 1 Commitments, (ii) the Revolving Credit Exposure of any Tranche 1 Lender shall not exceed such Tranche 1 Lender’s Tranche 1 Commitment, and (iiiii) the aggregate Outstanding Amount of the Committed all Tranche B 1 Loans of any and Tranche B Lender plus such Lender’s ratable share of the Outstanding Amount of all Swing Line 2 Loans made to TCCI denominated in Alternative Currencies shall not exceed such Lender’s Tranche B Commitmentthe Alternative Currency Sublimit. Within the limits of each Tranche 1 Lender’s Tranche B Commitment, and subject to the other terms and conditions hereof, TCCI the applicable Borrowers may borrow under this Section 2.1(b2.01(a), prepay under Section 2.42.05, and, and reborrow under this Section 2.1(b2.01(a). Committed Tranche B 1 Loans may be Base Rate Loans, Loans or Eurocurrency Rate Loans, Canadian Prime Rate Loans, Bankers’ Acceptances or BA Equivalent Notes, as further provided herein.. The Borrowers designated to receive Tranche 1 Loans as of the Closing Date are set forth on Schedule 2.01A. (cb) Subject to the terms and conditions set forth hereinherein (including Section 2.14), each Tranche C 2 Lender severally agrees to make loans in Australian Dollars (each such loan, a “Committed Tranche C 2 Loan”) to TFA the Company and any other Borrowers designated to receive Tranche 2 Loans hereunder, in Dollars or in one or more Alternative Currencies from time to time, on any Business Day during the Tranche C Availability Period of such Tranche C LenderPeriod, in an aggregate amount not to exceed at any time outstanding the amount of such Tranche 2 Lender’s Tranche C 2 Commitment; provided, however, that after giving effect to any Committed Borrowing made by the Tranche C Lenders2 Borrowing, (i) the Total Tranche 2 Outstandings applicable to TFA shall not exceed the Aggregate Tranche C 2 Commitments, (ii) the Revolving Credit Exposure of any Tranche 2 Lender shall not exceed such Tranche 2 Lender’s Tranche 2 Commitment, and (iiiii) the aggregate Outstanding Amount of the Committed all Tranche C 1 Loans of any and Tranche C Lender plus such Lender’s ratable share of the Outstanding Amount of all Swing Line 2 Loans made to TFA plus, denominated in the case of a Tranche C Lender that is, or has an Affiliate that is, a Swing Line Lender having a Swing Line Commitment in Australian Dollars and without duplication, such Lender’s (or Affiliate’s) Swing Line Loans made to TFA Alternative Currencies shall not exceed such Lender’s Tranche C Commitmentthe Alternative Currency Sublimit. Within the limits of each Tranche 2 Lender’s Tranche C 2 Commitment, and subject to the other terms and conditions hereof, TFA the applicable Borrowers may borrow under this Section 2.1(c2.01(b), prepay under Section 2.42.05, and, and reborrow under this Section 2.1(c2.01(b). (d) After giving effect . Tranche 2 Loans may be Base Rate Loans or Eurocurrency Rate Loans, as further provided herein. The Borrowers designated to Committed receive Tranche 2 Loans made pursuant to this Section 2.1, as of the aggregate Outstanding Amount of all Loans (other than Money Market Loans) made by such Lender or its Affiliates shall not exceed such Lender’s Commitment Cap.Closing Date are set forth on Schedule 2.01B.

Appears in 1 contract

Samples: Credit Agreement (Discovery Communications, Inc.)

Committed Loans. (a) Subject to the terms and conditions set forth herein, each Tranche A Lender hereby severally agrees to make loans (each such loan, a “Committed Loan”) to the Borrowers in US Dollars or in one or more Alternative Currencies (each such loan, a “Committed Tranche A Loan”) to the Tranche A Borrowers from time to time, on any Business Day during the Tranche A Availability Period of such Tranche A LenderPeriod, in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s Unused Tranche A Commitment at (which shall include, on and after the Additional Commitment Availability Date, the Additional Commitments in accordance with clause (b) of this Section 2.01 below); provided, however, that after giving effect to any Committed Borrowing, (i) the Total Outstandings shall not exceed the Aggregate Commitments and (ii) the Revolving Credit Exposure of any Lender shall not exceed such timeLender’s Commitment. Within the limits of each Lender’s Unused Tranche A Commitment, and subject to the other terms and conditions hereof, the Tranche A Borrowers may borrow under this Section 2.1(a)2.01, prepay under Section 2.42.06, and reborrow under this Section 2.1(a)2.01. Committed Tranche A Loans may be Base Rate Loans or Eurocurrency Rate Loans, as further provided herein. (b) Subject On the Additional Commitment Availability Date, (A) the aggregate principal amount of the Committed Loans outstanding (for the purposes of this Section 2.01(b), the “Initial Loans”) immediately prior to the terms and conditions set forth hereinAdditional Commitment Availability Date shall be deemed to be repaid, each Tranche B Lender severally agrees (B) the Borrowers shall be deemed to make loans to TCCI in US Dollars or in one or more Alternative Currencieshave made new Borrowings (for the purposes of this Section 2.01(b), and (ithe “Subsequent Borrowings”) in an aggregate principal amount equal to the case aggregate principal amount of the Initial Loans and of the types and for the Interest Periods specified in a Tranche B Lender willing and able notice delivered to accept Drafts, to create acceptances (“Bankers’ Acceptances”) by accepting Drafts and to purchase such Bankers’ Acceptances the Administrative Agent in accordance with this Section 2.15(a2.02, (C) each Lender shall pay to the Administrative Agent in Same Day Funds an amount equal to the difference, if positive, between (x) such Lender’s Applicable Percentage (calculated including the Additional Commitments) of the Subsequent Borrowings and (y) such Lender’s Applicable Percentage (calculated excluding the Additional Commitments) of the Initial Loans, (D) after the Administrative Agent receives the funds specified in clause (C) above, the Administrative Agent shall pay to each Lender the portion of such funds that is equal to the difference, if positive, between (1) such Lender’s Applicable Percentage (calculated excluding the Additional Commitments) of the Initial Loans and (2) such Lender’s Applicable Percentage (calculated including the Additional Commitments) of the amount of the Subsequent Borrowings, (E) each Lender shall be deemed to hold its Applicable Percentage of each Subsequent Borrowing (each calculated including the Additional Commitments) and (ii) in the case of a Tranche B Lender which is unwilling or unable to accept Drafts, to purchase completed Drafts, which will not be accepted by the Tranche B Lender or any other Tranche B Lender in accordance with Section 2.15 from time to time, on any Business Day during the Tranche B Availability Period of such Tranche B Lender, in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s Tranche B Commitment; provided, however, that after giving effect to any Committed Borrowing made by the Tranche B Lenders, (iF) the Total Outstandings applicable Company shall pay each Lender any and all accrued but unpaid interest on the Initial Loans. The Lenders hereby waive the right to TCCI shall not exceed the Aggregate Tranche B Commitments, and (ii) the aggregate Outstanding Amount of the Committed Tranche B Loans deemed compensation pursuant to Section 3.05 hereof in respect of any Tranche B Lender plus such Lender’s ratable share of the Outstanding Amount of all Swing Line Loans made to TCCI shall not exceed such Lender’s Tranche B Commitment. Within the limits of each Lender’s Tranche B Commitment, and subject to the other terms and conditions hereof, TCCI may borrow under this Section 2.1(b), prepay under Section 2.4, and, reborrow under this Section 2.1(b). Committed Tranche B Loans may be Base Rate Loans, Eurocurrency Rate Loans, Canadian Prime Rate Loans, Bankers’ Acceptances or BA Equivalent Notes, as further provided herein. (c) Subject to the terms and conditions set forth herein, each Tranche C Lender severally agrees to make loans in Australian Dollars (each such loan, a “Committed Tranche C Loan”) to TFA on any Business Day during the Tranche C Availability Period of such Tranche C Lender, in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s Tranche C Commitment; provided, however, that after giving effect to any Committed Borrowing made by the Tranche C Lenders, (i) the Total Outstandings applicable to TFA shall not exceed the Aggregate Tranche C Commitments, and (ii) the aggregate Outstanding Amount of the Committed Tranche C Loans of any Tranche C Lender plus such Lender’s ratable share of the Outstanding Amount of all Swing Line Loans made to TFA plus, in the case of a Tranche C Lender that is, or has an Affiliate that is, a Swing Line Lender having a Swing Line Commitment in Australian Dollars and without duplication, such Lender’s (or Affiliate’s) Swing Line Loans made to TFA shall not exceed such Lender’s Tranche C Commitment. Within the limits of each Lender’s Tranche C Commitment, and subject to the other terms and conditions hereof, TFA may borrow under this Section 2.1(c), prepay under Section 2.4, and, reborrow under this Section 2.1(c). (d) After giving effect to Committed Loans deemed payments made pursuant to this Section 2.1, the aggregate Outstanding Amount of all Loans clause (other than Money Market LoansA) made by such Lender or its Affiliates shall not exceed such Lender’s Commitment Capabove.

Appears in 1 contract

Samples: Revolving Credit Agreement (Hasbro, Inc.)

Committed Loans. (a) Subject to the terms and conditions set forth herein, each Tranche A Term Loan Lender severally agrees to make loans in US Dollars or in one or more Alternative Currencies lend to the Borrower its Pro Rata Share of the Term Loan Commitment (each such loanindividually, a “Committed Tranche A "Term Loan”) to the Tranche A Borrowers from time to time" and, on any Business Day during the Tranche A Availability Period of such Tranche A Lender, in an amount not to exceed the amount of such Lender’s Unused Tranche A Commitment at such time. Within the limits of each Lender’s Unused Tranche A Commitment, and subject to the other terms and conditions hereofcollectively, the Tranche A Borrowers may borrow under this Section 2.1(a), prepay under Section 2.4, and reborrow under this Section 2.1(a"Term Loans"). Committed Tranche A The Term Loans shall be made by the Term Loan Lenders in a single Borrowing prior to July 20, 2004 and shall be made by the Term Loan Lenders simultaneously and proportionately to their respective Pro Rata Shares, it being understood that no Term Loan Lender shall be responsible for any failure by any other Term Loan Lender to perform its obligation to make any Term Loan hereunder nor shall the Term Loan Commitment of any Term Loan Lender be increased or decreased as a result of any such failure. Once repaid, Term Loans may not be Base Rate Loans or Eurocurrency Rate Loans, as further provided hereinreborrowed. (b) Subject to the terms and conditions set forth herein, each Tranche B Revolving Lender severally agrees to make loans Revolving Loans to TCCI in US Dollars or in one or more Alternative Currencies, and (i) in the case of a Tranche B Lender willing and able to accept Drafts, to create acceptances (“Bankers’ Acceptances”) by accepting Drafts and to purchase such Bankers’ Acceptances in accordance with Section 2.15(a) and (ii) in the case of a Tranche B Lender which is unwilling or unable to accept Drafts, to purchase completed Drafts, which will not be accepted by the Tranche B Lender or any other Tranche B Lender in accordance with Section 2.15 Borrower from time to time, on any Business Day during the Tranche B Availability Period of such Tranche B LenderPeriod, in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s Tranche B 's Revolving Commitment; provided, however, that after giving effect to any Committed Borrowing made by the Tranche B Lendersof Revolving Loans, (i) the Total Revolving Outstandings applicable to TCCI shall not exceed the Aggregate Tranche B Revolving Commitments, and (ii) the aggregate Outstanding Amount of the Committed Tranche B Revolving Loans of any Tranche B Lender Revolving Lender, plus such Revolving Lender’s ratable share 's Pro Rata Share of the Outstanding Amount of all L/C Obligations, plus such Revolving Lender's Pro Rata Share of the Outstanding Amount of all Swing Line Loans made to TCCI shall not exceed such Lender’s Tranche B 's Revolving Commitment. Within the limits of each Revolving Lender’s Tranche B 's Revolving Commitment, and subject to the other terms and conditions hereof, TCCI the Borrower may borrow under this Section 2.1(b2.01(b), prepay under Section 2.42.05, and, and reborrow under this Section 2.1(b2.01(b). Committed Tranche B Revolving Loans may be Base Rate Loans, Eurocurrency Loans or Eurodollar Rate Loans, Canadian Prime Rate Loans, Bankers’ Acceptances or BA Equivalent Notes, as further provided herein. (c) Subject to the terms and conditions set forth herein, each Tranche C Lender severally agrees to make loans in Australian Dollars (each such loan, a “Committed Tranche C Loan”) to TFA on any Business Day during the Tranche C Availability Period of such Tranche C Lender, in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s Tranche C Commitment; provided, however, that after giving effect to any Committed Borrowing made by the Tranche C Lenders, (i) the Total Outstandings applicable to TFA shall not exceed the Aggregate Tranche C Commitments, and (ii) the aggregate Outstanding Amount of the Committed Tranche C Loans of any Tranche C Lender plus such Lender’s ratable share of the Outstanding Amount of all Swing Line Loans made to TFA plus, in the case of a Tranche C Lender that is, or has an Affiliate that is, a Swing Line Lender having a Swing Line Commitment in Australian Dollars and without duplication, such Lender’s (or Affiliate’s) Swing Line Loans made to TFA shall not exceed such Lender’s Tranche C Commitment. Within the limits of each Lender’s Tranche C Commitment, and subject to the other terms and conditions hereof, TFA may borrow under this Section 2.1(c), prepay under Section 2.4, and, reborrow under this Section 2.1(c). (d) After giving effect to Committed Loans made pursuant to this Section 2.1, the aggregate Outstanding Amount of all Loans (other than Money Market Loans) made by such Lender or its Affiliates shall not exceed such Lender’s Commitment Cap.

Appears in 1 contract

Samples: Credit Agreement (International Game Technology)

Committed Loans. (a) Subject to the terms and conditions set forth herein, each Tranche A Lender severally agrees to make loans (each such loan, a “Committed Loan”) to each Borrower in US Dollars or in one or more Alternative Currencies (each such loan, a “Committed Tranche A Loan”) to the Tranche A Borrowers from time to time, on any Business Day during the Tranche A Availability Period of such Tranche A Lender, in an amount not to exceed the amount of such Lender’s Unused Tranche A Commitment at such time. Within the limits of each Lender’s Unused Tranche A Commitment, and subject to the other terms and conditions hereof, the Tranche A Borrowers may borrow under this Section 2.1(a), prepay under Section 2.4, and reborrow under this Section 2.1(a). Committed Tranche A Loans may be Base Rate Loans or Eurocurrency Rate Loans, as further provided herein. (b) Subject to the terms and conditions set forth herein, each Tranche B Lender severally agrees to make loans to TCCI in US Dollars or in one or more Alternative Currencies, and (i) in the case of a Tranche B Lender willing and able to accept Drafts, to create acceptances (“Bankers’ Acceptances”) by accepting Drafts and to purchase such Bankers’ Acceptances in accordance with Section 2.15(a) and (ii) in the case of a Tranche B Lender which is unwilling or unable to accept Drafts, to purchase completed Drafts, which will not be accepted by the Tranche B Lender or any other Tranche B Lender in accordance with Section 2.15 from time to time, on any Business Day during the Tranche B Availability Period of such Tranche B Lender, in an aggregate amount for all the Borrowers not to exceed at any time outstanding the amount of such Lender’s Tranche B Commitment; provided, however, that after giving effect to any Committed Borrowing made by the Tranche B LendersBorrowing, (i) the Total Outstandings applicable to TCCI shall not exceed the Aggregate Tranche B Commitments, and (ii) the aggregate Outstanding Amount of the Committed Tranche B Loans of any Tranche B Lender Lender, plus such Lender’s ratable share 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 made to TCCI shall not exceed such Lender’s Tranche B Commitment, (iii) the aggregate Outstanding Amount of all Committed Loans made to HIL shall not exceed the HIL Sublimit and (iv) the aggregate Outstanding Amount of all Committed Loans denominated in Alternative Currencies shall not exceed the Alternative Currency Sublimit. Within the limits of each Lender’s Tranche B Commitment, and subject to the other terms and conditions hereof, TCCI each Borrower may borrow under this Section 2.1(b)2.01, prepay under Section 2.42.05, and, and reborrow under this Section 2.1(b)2.01. Committed Tranche B Loans may be Base Rate Loans, Eurocurrency Rate Loans, Canadian Prime Loans or Peso Rate Loans, Bankers’ Acceptances or BA Equivalent Notes, as further provided herein. (c) Subject . The Loans to each Borrower shall be the terms sole and conditions set forth herein, each Tranche C Lender severally agrees to make loans in Australian Dollars (each such loan, a “Committed Tranche C Loan”) to TFA on any Business Day during several liability of that Borrower and the Tranche C Availability Period of such Tranche C Lender, in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s Tranche C Commitment; provided, however, that after giving effect to any Committed Borrowing made by the Tranche C Lenders, (i) the Total Outstandings applicable to TFA other Borrowers shall not exceed the Aggregate Tranche C Commitments, and (ii) the aggregate Outstanding Amount of the Committed Tranche C Loans of be co-obligors or have any Tranche C Lender plus joint liability for such Lender’s ratable share of the Outstanding Amount of all Swing Line Loans made to TFA plus, in the case of a Tranche C Lender that is, or has an Affiliate that is, a Swing Line Lender having a Swing Line Commitment in Australian Dollars and without duplication, such Lender’s (or Affiliate’s) Swing Line Loans made to TFA shall not exceed such Lender’s Tranche C Commitment. Within the limits of each Lender’s Tranche C Commitment, and subject to the other terms and conditions hereof, TFA may borrow under this Section 2.1(c), prepay under Section 2.4, and, reborrow under this Section 2.1(c)Loans. (d) After giving effect to Committed Loans made pursuant to this Section 2.1, the aggregate Outstanding Amount of all Loans (other than Money Market Loans) made by such Lender or its Affiliates shall not exceed such Lender’s Commitment Cap.

Appears in 1 contract

Samples: Credit Agreement (Herbalife Ltd.)

Committed Loans. (a) Subject to the terms and conditions set forth herein, each Tranche A Lender severally agrees to make loans (each such loan, a “Committed Loan”) to the Borrower in US Dollars or in one or more Alternative Currencies (each such loan, a “Committed Tranche A Loan”) to the Tranche A Borrowers from time to time, on any Business Day (a) during the Tranche A Availability Period of such Tranche A Lenderand (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 Unused Tranche A Commitment 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 and Letters of Credit denominated in Alternative Currencies shall not exceed the Alternative Currency Sublimit and (iv) the aggregate Outstanding Amount of all Swing Line Loans (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 timetime 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 shall not exceed such Lender’s Commitment. Within the limits of each Lender’s Unused Tranche A Commitment, and subject to the other terms and conditions hereof, the Tranche A Borrowers Borrower may borrow under this Section 2.1(a)2.01, prepay under Section 2.42.05, and reborrow under this Section 2.1(a)2.01. Committed Tranche A Loans may be Base Rate Loans or Eurocurrency Rate Loans, as further provided herein. (b) Subject to the terms and conditions set forth herein, each Tranche B Lender severally agrees to make loans to TCCI in US Dollars or in one or more Alternative Currencies, and (i) in the case of a Tranche B Lender willing and able to accept Drafts, to create acceptances (“Bankers’ Acceptances”) by accepting Drafts and to purchase such Bankers’ Acceptances in accordance with Section 2.15(a) and (ii) in the case of a Tranche B Lender which is unwilling or unable to accept Drafts, to purchase completed Drafts, which will not be accepted by the Tranche B Lender or any other Tranche B Lender in accordance with Section 2.15 from time to time, on any Business Day during the Tranche B Availability Period of such Tranche B Lender, in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s Tranche B Commitment; provided, however, that after giving effect to any Committed Borrowing made by the Tranche B Lenders, (i) the Total Outstandings applicable to TCCI shall not exceed the Aggregate Tranche B Commitments, and (ii) the aggregate Outstanding Amount of the Committed Tranche B Loans of any Tranche B Lender plus such Lender’s ratable share of the Outstanding Amount of all Swing Line Loans made to TCCI shall not exceed such Lender’s Tranche B Commitment. Within the limits of each Lender’s Tranche B Commitment, and subject to the other terms and conditions hereof, TCCI may borrow under this Section 2.1(b), prepay under Section 2.4, and, reborrow under this Section 2.1(b). Committed Tranche B Loans may be Base Rate Loans, Eurocurrency Rate Loans, Canadian Prime Rate Loans, Bankers’ Acceptances or BA Equivalent Notes, as further provided herein. (c) Subject to the terms and conditions set forth herein, each Tranche C Lender severally agrees to make loans in Australian Dollars (each such loan, a “Committed Tranche C Loan”) to TFA on any Business Day during the Tranche C Availability Period of such Tranche C Lender, in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s Tranche C Commitment; provided, however, that after giving effect to any Committed Borrowing made by the Tranche C Lenders, (i) the Total Outstandings applicable to TFA shall not exceed the Aggregate Tranche C Commitments, and (ii) the aggregate Outstanding Amount of the Committed Tranche C Loans of any Tranche C Lender plus such Lender’s ratable share of the Outstanding Amount of all Swing Line Loans made to TFA plus, in the case of a Tranche C Lender that is, or has an Affiliate that is, a Swing Line Lender having a Swing Line Commitment in Australian Dollars and without duplication, such Lender’s (or Affiliate’s) Swing Line Loans made to TFA shall not exceed such Lender’s Tranche C Commitment. Within the limits of each Lender’s Tranche C Commitment, and subject to the other terms and conditions hereof, TFA may borrow under this Section 2.1(c), prepay under Section 2.4, and, reborrow under this Section 2.1(c). (d) After giving effect to Committed Loans made pursuant to this Section 2.1, the aggregate Outstanding Amount of all Loans (other than Money Market Loans) made by such Lender or its Affiliates shall not exceed such Lender’s Commitment Cap.

Appears in 1 contract

Samples: Credit Agreement (Qualcomm Inc/De)

Committed Loans. (a) Subject to the terms and conditions set forth herein, each Tranche A US A-1 Lender severally agrees to make loans in US Dollars or in one or more Alternative Currencies (each such loan, a “Committed Tranche A LoanLoan A-1”) to the Tranche A Borrowers US Borrower in Dollars from time to time, on any Business Day during the Tranche A Availability Period of such Tranche A LenderPeriod, in an aggregate amount not to exceed at any time outstanding the amount of such US A-1 Lender’s Unused Tranche A Commitment at US A-1 Commitment; provided, however, that after giving effect to any Committed Borrowing A-1, (i) the US A-1 Total Outstandings shall not exceed the Aggregate Commitments A-1 and (ii) the aggregate Outstanding Amount of the Committed Loans A-1 of any US A-1 Lender, plus such timeUS A-1 Lender’s Applicable Percentage of the Outstanding Amount of all L/C Obligations, plus such US A-1 Lender’s Applicable Percentage of the Outstanding Amount of all Swing Line Loans shall not exceed such US A-1 Lender’s US A-1 Commitment. Within the limits of each US A-1 Lender’s Unused Tranche A US A-1 Commitment, and subject to the other terms and conditions hereof, the Tranche A Borrowers US Borrower may borrow under this Section 2.1(a)2.01, prepay under Section 2.42.06, and reborrow under this Section 2.1(a)2.01. Committed Tranche A Loans A-1 may be Base Rate Loans or Eurocurrency Rate Term SOFR Loans, as further provided herein; provided, however, that any Committed Borrowing A-1 made on the Third Amendment Effective Date shall be made as Base Rate Loans unless the US Borrower delivers a funding indemnity letter not less than two Business Days prior to the Third Amendment Effective Date. (b) Subject to the terms and conditions set forth herein, each Tranche B US A-2 Lender severally agrees to make loans (each such loan, a “Committed Loan A-2”) to TCCI the US Borrower in US Dollars or in one or more Alternative Currencies, and (i) in the case of a Tranche B Lender willing and able to accept Drafts, to create acceptances (“Bankers’ Acceptances”) by accepting Drafts and to purchase such Bankers’ Acceptances in accordance with Section 2.15(a) and (ii) in the case of a Tranche B Lender which is unwilling or unable to accept Drafts, to purchase completed Drafts, which will not be accepted by the Tranche B Lender or any other Tranche B Lender in accordance with Section 2.15 Currencies from time to time, on any Business Day during the Tranche B Availability Period of such Tranche B LenderPeriod, in an aggregate amount not to exceed at any time outstanding the amount of such US A-2 Lender’s Tranche B US A-2 Commitment; provided, however, that after giving effect to any Committed Borrowing made by the Tranche B LendersA-2, (i) the US A-2 Total Outstandings applicable to TCCI shall not exceed the Aggregate Tranche B Commitments, Commitments A-2 and (ii) the aggregate Outstanding Amount of the Committed Tranche B Loans A-2 of any Tranche B US A-2 Lender plus such Lender’s ratable share of the Outstanding Amount of all Swing Line Loans made to TCCI shall not exceed such US A-2 Lender’s Tranche B US A-2 Commitment. Within the limits of each US A-2 Lender’s Tranche B US A-2 Commitment, and subject to the other terms and conditions hereof, TCCI the US Borrower may borrow under this Section 2.1(b)2.01, prepay under Section 2.42.06, and, and reborrow under this Section 2.1(b)2.01. Committed Tranche B Loans A-2 may be Base Rate Loans or Term SOFR Loans, Eurocurrency Rate Loans, Canadian Prime Rate Loans, Bankers’ Acceptances or BA Equivalent Notes, as further provided herein. (c) Subject to the terms and conditions set forth herein; provided, each Tranche C Lender severally agrees to make loans in Australian Dollars (each such loan, a “Committed Tranche C Loan”) to TFA on any Business Day during the Tranche C Availability Period of such Tranche C Lender, in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s Tranche C Commitmentthat Alternative Currency Loans will be Alternative Currency Daily Rate Loans or Alternative Currency Term Rate Loans; provided, however, that after giving effect to any Committed Borrowing A-2 made by on the Tranche C Lenders, (i) Third Amendment Effective Date shall be made as Base Rate Loans unless the Total Outstandings applicable to TFA shall US Borrower delivers a funding indemnity letter not exceed the Aggregate Tranche C Commitments, and (ii) the aggregate Outstanding Amount of the Committed Tranche C Loans of any Tranche C Lender plus such Lender’s ratable share of the Outstanding Amount of all Swing Line Loans made to TFA plus, in the case of a Tranche C Lender that is, or has an Affiliate that is, a Swing Line Lender having a Swing Line Commitment in Australian Dollars and without duplication, such Lender’s (or Affiliate’s) Swing Line Loans made to TFA shall not exceed such Lender’s Tranche C Commitment. Within the limits of each Lender’s Tranche C Commitment, and subject less than two Business Days prior to the other terms and conditions hereof, TFA may borrow under this Section 2.1(c), prepay under Section 2.4, and, reborrow under this Section 2.1(c)Third Amendment Effective Date. (d) After giving effect to Committed Loans made pursuant to this Section 2.1, the aggregate Outstanding Amount of all Loans (other than Money Market Loans) made by such Lender or its Affiliates shall not exceed such Lender’s Commitment Cap.

Appears in 1 contract

Samples: Credit Agreement (Radius Recycling, Inc.)

Committed Loans. (a) Subject to the terms and conditions set forth herein, each Tranche A Lender severally agrees to make loans in US Dollars or in one or more Alternative Currencies (each such loan, a “Committed Tranche A Loan”) to the Tranche A Borrowers from time to time, on any Business Day during the Tranche A Availability Period of such Tranche A LenderPeriod, in an amount not to exceed the amount of such Lender’s Unused Tranche A Commitment at such time. Within the limits of each Lender’s Unused Tranche A Commitment, and subject to the other terms and conditions hereof, the Tranche A Borrowers may borrow under this Section 2.1(a), prepay under Section 2.4, and and, unless converted to a Term Loan pursuant to Section 2.13(c), reborrow under this Section 2.1(a). Committed Tranche A Loans may be Base Rate Loans, Term Rate Loans or Eurocurrency Rate XXXXX Loans, as further provided herein. (b) Subject to the terms and conditions set forth herein, each Tranche B Lender severally agrees to make loans to TCCI in US Dollars or in one or more Alternative CurrenciesCurrencies (each such loan, and (i) in the case of a “Committed Tranche B Lender willing and able to accept Drafts, to create acceptances (“Bankers’ AcceptancesLoan) by accepting Drafts and to purchase such Bankers’ Acceptances in accordance with Section 2.15(a) and (ii) in the case of a Tranche B Lender which is unwilling or unable to accept Drafts, to purchase completed Drafts, which will not be accepted by the Tranche B Lender or any other Tranche B Lender in accordance with Section 2.15 from time to time), on any Business Day during the Tranche B Availability Period of such Tranche B Lender, in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s Tranche B Commitment; provided, however, that after giving effect to any Committed Borrowing made by the Tranche B Lenders, (i) the Total Outstandings applicable to TCCI shall not exceed the Aggregate Tranche B Commitments, and (ii) the aggregate Outstanding Amount of the Committed Tranche B Loans of any Tranche B Lender plus such Lender’s ratable share of the Outstanding Amount of all Swing Line Loans made to TCCI shall not exceed such Lender’s Tranche B Commitment. Within the limits of each Lender’s Tranche B Commitment, and subject to the other terms and conditions hereof, TCCI may borrow under this Section 2.1(b), prepay under Section 2.4, and, reborrow under this Section 2.1(b). Committed Tranche B Loans may be Base Rate Loans, Eurocurrency Rate Loans, Canadian Prime Rate Loans, Bankers’ Acceptances or BA Equivalent Notes, as further provided herein. (c) Subject to the terms and conditions set forth herein, each Tranche C Lender severally agrees to make loans in Australian Dollars (each such loan, a “Committed Tranche C Loan”) to TFA on any Business Day during the Tranche C Availability Period of such Tranche C Lender, in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s Tranche C Commitment; provided, however, that after giving effect to any Committed Borrowing made by the Tranche C Lenders, (i) the Total Outstandings applicable to TFA shall not exceed the Aggregate Tranche C Commitments, and (ii) the aggregate Outstanding Amount of the Committed Tranche C Loans of any Tranche C Lender plus such Lender’s ratable share of the Outstanding Amount of all Swing Line Loans made to TFA plus, in the case of a Tranche C Lender that is, or has an Affiliate that is, a Swing Line Lender having a Swing Line Commitment in Australian Dollars and without duplication, such Lender’s (or Affiliate’s) Swing Line Loans made to TFA shall not exceed such Lender’s Tranche C Commitment. Within the limits of each Lender’s Tranche C Commitment, and subject to the other terms and conditions hereof, TFA may borrow under this Section 2.1(c), prepay under Section 2.4, and, reborrow under this Section 2.1(c). (d) After giving effect to Committed Loans made pursuant to this Section 2.1, the aggregate Outstanding Amount of all Loans (other than Money Market Loans) made by such Lender or its Affiliates shall not exceed such Lender’s Commitment Cap.

Appears in 1 contract

Samples: 364 Day Credit Agreement

Committed Loans. (a) Subject to the terms and conditions set forth herein, each Tranche Facility A Lender severally agrees to make loans in US Dollars or in one or more Alternative Currencies (each such loan, a "Facility A Committed Tranche A Loan") to the Tranche A Borrowers Borrower from time to time, on any Business Day during the Tranche A Availability Period of such Tranche A LenderPeriod, in an aggregate amount not to exceed at any time outstanding the amount of such Facility A Lender’s Unused Tranche 's Facility A Commitment at Commitment; provided, however, that after giving effect to any Facility A Committed Borrowing, (i) the 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 aggregate Outstanding Amount of the Facility A Committed Loans of any Facility A Lender plus such timeFacility A Lender's Pro Rata Share of the Outstanding Amount of all L/C Obligations, plus such Facility A Lender's Pro Rata Share of the Outstanding Amount of all Swing Line Loans shall not exceed such Facility A Lender's Facility A Commitment. Within the limits of each Facility A Lender’s Unused Tranche 's Facility A Commitment, and subject to the other terms and conditions hereof, the Tranche A Borrowers Borrower may borrow under this Section 2.1(a2.01(a), prepay under Section 2.42.05, and reborrow under this Section 2.1(a2.01(a). Facility A Committed Tranche A Loans may be Base Rate Loans or Eurocurrency Eurodollar Rate Loans, as further provided herein. (b) Subject to the terms and conditions set forth herein, each Tranche Facility B Lender severally agrees to make loans (each such loan, a "Facility B Committed Loan") to TCCI in US Dollars or in one or more Alternative Currencies, and (i) in the case of a Tranche B Lender willing and able to accept Drafts, to create acceptances (“Bankers’ Acceptances”) by accepting Drafts and to purchase such Bankers’ Acceptances in accordance with Section 2.15(a) and (ii) in the case of a Tranche B Lender which is unwilling or unable to accept Drafts, to purchase completed Drafts, which will not be accepted by the Tranche B Lender or any other Tranche B Lender in accordance with Section 2.15 Borrower from time to time, on any Business Day during the Tranche B Availability Period of such Tranche B LenderPeriod, in an aggregate amount not to exceed at any time outstanding the amount of such Facility B Lender’s Tranche 's Facility B Commitment; provided, however, that after giving effect to any Facility B Committed Borrowing made by the Tranche B Lenders, Borrowing: (i) the Total Outstandings applicable to TCCI aggregate Outstanding Amount of all Facility B Committed Loans shall not exceed the Facility B Aggregate Tranche B Commitments, and (ii) the aggregate Outstanding Amount of the Facility B Committed Tranche B Loans of any Tranche B Lender plus such Lender’s ratable share of the Outstanding Amount of all Swing Line Loans made to TCCI , shall not exceed such Lender’s Tranche 's Facility B Commitment. Within the limits of each Facility B Lender’s Tranche 's Facility B Commitment, and subject to the other terms and conditions hereof, TCCI the Borrower may borrow under this Section 2.1(b2.01(b), prepay under Section 2.42.05, and, and reborrow under this Section 2.1(b2.01(b). Facility B Committed Tranche B Loans may be Base Rate Loans, Eurocurrency Loans or Eurodollar Rate Loans, Canadian Prime Rate Loans, Bankers’ Acceptances or BA Equivalent Notes, as further provided herein. (c) Subject to The Borrower shall have the terms and conditions set forth hereinright, each Tranche C Lender severally agrees to make loans in Australian Dollars (each such loan, a “Committed Tranche C Loan”) to TFA on any Business Day during without the Tranche C Availability Period of such Tranche C Lender, in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s Tranche C Commitment; provided, however, that after giving effect to any Committed Borrowing made by the Tranche C Lenders, (i) the Total Outstandings applicable to TFA shall not exceed the Aggregate Tranche C Commitments, and (ii) the aggregate Outstanding Amount consent of the Committed Tranche C Loans of any Tranche C Lender plus such Lender’s ratable share of the Outstanding Amount of all Swing Line Loans made to TFA plus, in the case of a Tranche C Lender that is, or has an Affiliate that is, a Swing Line Lender having a Swing Line Commitment in Australian Dollars and without duplication, such Lender’s (or Affiliate’s) Swing Line Loans made to TFA shall not exceed such Lender’s Tranche C Commitment. Within the limits of each Lender’s Tranche C Commitment, and Lenders but subject to the other terms and conditions hereofconsent of the Administrative Agent (which consent shall not be unreasonably withheld), TFA may borrow to effectuate from time to time an increase in the total Facility A Commitments under this Section 2.1(c), prepay under Section 2.4, and, reborrow under this Section 2.1(c). (d) After giving effect to Committed Loans made pursuant Agreement by adding to this Section 2.1, the aggregate Outstanding Amount of all Loans (Agreement one or more commercial banks or other than Money Market Loans) made by such Lender or its Affiliates shall not exceed such Lender’s Commitment Cap.financial institutions which qualify as

Appears in 1 contract

Samples: Credit Agreement (Ferrellgas Partners Finance Corp)

Committed Loans. (a) Subject to the terms and conditions set forth herein, each Tranche A Lender severally agrees to make loans in US Dollars or in one or more Alternative Currencies (each such loan, a “Committed Tranche A Loan”) to the Tranche A Borrowers from time to time, on any Business Day during the Tranche A Availability Period of such Tranche A Lender, in an amount not to exceed the amount of such Lender’s Unused Tranche A Commitment at such time. Within the limits of each Lender’s Unused Tranche A Commitment, and subject to the other terms and conditions hereof, the Tranche A Borrowers may borrow under this Section 2.1(a), prepay under Section 2.4, and reborrow under this Section 2.1(a). Committed Tranche A Loans may be Base Rate Loans, Term Rate Loans or Eurocurrency Rate XXXXX Loans, as further provided herein. (b) Subject to the terms and conditions set forth herein, each Tranche B Lender severally agrees to make loans to TCCI in US Dollars or in one or more Alternative CurrenciesCurrencies (each such loan, and (i) in the case of a “Committed Tranche B Lender willing and able to accept Drafts, to create acceptances (“Bankers’ AcceptancesLoan) by accepting Drafts and to purchase such Bankers’ Acceptances in accordance with Section 2.15(a) and (ii) in the case of a Tranche B Lender which is unwilling or unable to accept Drafts, to purchase completed Drafts, which will not be accepted by the Tranche B Lender or any other Tranche B Lender in accordance with Section 2.15 from time to time), on any Business Day during the Tranche B Availability Period of such Tranche B Lender, in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s Tranche B Commitment; provided, however, that after giving effect to any Committed Borrowing made by the Tranche B Lenders, (i) the Total Outstandings applicable to TCCI shall not exceed the Aggregate Tranche B Commitments, and (ii) the aggregate Outstanding Amount of the Committed Tranche B Loans of any Tranche B Lender plus such Lender’s ratable share of the Outstanding Amount of all Swing Line Loans made to TCCI shall not exceed such Lender’s Tranche B Commitment. Within the limits of each Lender’s Tranche B Commitment, and subject to the other terms and conditions hereof, TCCI may borrow under this Section 2.1(b), prepay under Section 2.4, and, reborrow under this Section 2.1(b). Committed Tranche B Loans may be Base Rate Loans, Eurocurrency Rate Loans, Canadian Prime Rate Loans, Bankers’ Acceptances or BA Equivalent Notes, as further provided herein. (c) Subject to the terms and conditions set forth herein, each Tranche C Lender severally agrees to make loans in Australian Dollars (each such loan, a “Committed Tranche C Loan”) to TFA on any Business Day during the Tranche C Availability Period of such Tranche C Lender, in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s Tranche C Commitment; provided, however, that after giving effect to any Committed Borrowing made by the Tranche C Lenders, (i) the Total Outstandings applicable to TFA shall not exceed the Aggregate Tranche C Commitments, and (ii) the aggregate Outstanding Amount of the Committed Tranche C Loans of any Tranche C Lender plus such Lender’s ratable share of the Outstanding Amount of all Swing Line Loans made to TFA plus, in the case of a Tranche C Lender that is, or has an Affiliate that is, a Swing Line Lender having a Swing Line Commitment in Australian Dollars and without duplication, such Lender’s (or Affiliate’s) Swing Line Loans made to TFA shall not exceed such Lender’s Tranche C Commitment. Within the limits of each Lender’s Tranche C Commitment, and subject to the other terms and conditions hereof, TFA may borrow under this Section 2.1(c), prepay under Section 2.4, and, reborrow under this Section 2.1(c). (d) After giving effect to Committed Loans made pursuant to this Section 2.1, the aggregate Outstanding Amount of all Loans (other than Money Market Loans) made by such Lender or its Affiliates shall not exceed such Lender’s Commitment Cap.

Appears in 1 contract

Samples: Credit Agreement

Committed Loans. (a) Subject to the terms and conditions set forth herein, each Tranche A Lender severally agrees to make loans in US Dollars or in one or more Alternative Currencies (each such loan, a “Committed Tranche A Loan”) to the Tranche A Borrowers from time to time, on any Business Day during the Tranche A Availability Period of such Tranche A LenderPeriod, in an amount not to exceed the amount of such LenderLxxxxx’s Unused Tranche A Commitment at such time. Within the limits of each Lender’s Unused Tranche A Commitment, and subject to the other terms and conditions hereof, the Tranche A Borrowers may borrow under this Section 2.1(a), prepay under Section 2.4, and and, unless converted to a Term Loan pursuant to Section 2.13(c), reborrow under this Section 2.1(a). Committed Tranche A Loans may be Base Rate Loans, Term Rate Loans or Eurocurrency Rate SXXXX Loans, as further provided herein. (b) Subject to the terms and conditions set forth herein, each Tranche B Lender severally agrees to make loans to TCCI in US Dollars or in one or more Alternative CurrenciesCurrencies (each such loan, and (i) in the case of a “Committed Tranche B Lender willing and able to accept Drafts, to create acceptances (“Bankers’ AcceptancesLoan) by accepting Drafts and to purchase such Bankers’ Acceptances in accordance with Section 2.15(a) and (ii) in the case of a Tranche B Lender which is unwilling or unable to accept Drafts, to purchase completed Drafts, which will not be accepted by the Tranche B Lender or any other Tranche B Lender in accordance with Section 2.15 from time to time), on any Business Day during the Tranche B Availability Period of such Tranche B Lender, in an aggregate amount not to exceed at any time outstanding the amount of such LenderLxxxxx’s Tranche B Commitment; provided, however, that after giving effect to any Committed Borrowing made by the Tranche B Lenders, (i) the Total Outstandings applicable to TCCI shall not exceed the Aggregate Tranche B Commitments, and (ii) the aggregate Outstanding Amount of the Committed Tranche B Loans of any Tranche B Lender plus such LenderLxxxxx’s ratable share of the Outstanding Amount of all Swing Line Loans made to TCCI shall not exceed such Lender’s Tranche B Commitment. Within the limits of each Lender’s Tranche B Commitment, and subject to the other terms and conditions hereof, TCCI may borrow under this Section 2.1(b), prepay under Section 2.4, and, unless converted to a Term Loan pursuant to Section 2.13(c), reborrow under this Section 2.1(b). Committed Tranche B Loans may be Base Rate Loans, Eurocurrency Term Rate Loans, SXXXX Loans or Canadian Prime Rate Loans, Bankers’ Acceptances or BA Equivalent Notes, as further provided herein. (c) Subject to the terms and conditions set forth herein, each Tranche C Lender severally agrees to make loans in Australian Dollars (each such loan, a “Committed Tranche C Loan”) to TFA the Tranche C Borrower on any Business Day during the Tranche C Availability Period of such Tranche C LenderPeriod, in an aggregate amount not to exceed at any time outstanding the amount of such LenderLxxxxx’s Tranche C Commitment; provided, however, that after giving effect to any Committed Borrowing made by the Tranche C Lenders, (i) the Total Outstandings applicable to TFA the Tranche C Borrower shall not exceed the Aggregate Tranche C Commitments, and (ii) the aggregate Outstanding Amount of the Committed Tranche C Loans of any Tranche C Lender plus such Lender’s ratable share of the Outstanding Amount of all Swing Line Loans made to TFA the Tranche C Borrower plus, in the case of a Tranche C Lender that is, or has an Affiliate that is, a Swing Line Lender having a Swing Line Commitment in Australian Dollars and without duplication, such Lender’s (or Affiliate’s) Swing Line Loans made to TFA the Tranche C Borrower shall not exceed such LenderLxxxxx’s Tranche C Commitment. Within the limits of each Lender’s Tranche C Commitment, and subject to the other terms and conditions hereof, TFA the Tranche C Borrower may borrow under Tranche C pursuant to the terms set forth in this Section 2.1(c), prepay under Section 2.4, and, unless converted to a Term Loan pursuant to Section 2.13(c), reborrow under this Section 2.1(c). (d) After giving effect to Committed Loans made pursuant to this Section 2.1, the aggregate Outstanding Amount of all Loans (other than Money Market Loans) made by such Lender or its Affiliates shall not exceed such Lender’s Commitment Cap.

Appears in 1 contract

Samples: 364 Day Credit Agreement (Toyota Motor Credit Corp)

Committed Loans. (a) Subject to the terms and conditions set forth herein, each Tranche A Lender (except as hereinafter provided regarding Alternative Currency Loans) severally agrees to make loans (each such loan, a “Committed Loan”) to the Borrowers in US Dollars or in one or more Alternative Currencies (each such loan, a “Committed Tranche A Loan”) to the Tranche A Borrowers from time to time, on any Business Day during the Tranche A Availability Period of such Tranche A LenderPeriod, in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s Unused Tranche A Commitment at Commitment; provided, however, that after giving effect to any Committed Borrowing, (i) the Total Outstandings shall not exceed the Aggregate Commitments, (ii) the aggregate Outstanding Amount of the Committed Loans of any Lender, plus such timeLender’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 denominated in Alternative Currencies shall not exceed the Alternative Currency Sublimit. Within the limits of each Lender’s Unused Tranche A Commitment, and subject to the other terms and conditions hereof, the Tranche A Borrowers may borrow under this Section 2.1(a)2.1, prepay under Section 2.42.5, and reborrow under this Section 2.1(a)2.1. Committed Tranche A Loans may be Base Rate Loans or Eurocurrency Rate Loans, as further provided herein. (bi) Subject Upon a request for an Alternative Currency Loan, the Fronting Lender agrees subject to the terms and conditions limitations set forth herein, each Tranche B Lender severally agrees to make loans to TCCI in US Dollars or in one or more fund the Fronting Lender’s Applicable Percentage of such Alternative Currencies, and (i) Currency Loan in the case requested currency with respect to such Committed Borrowing (each a “Fronting Loan”), notwithstanding the fact that such Fronting Loan when aggregated with the Fronting Lender’s Applicable Percentage of a Tranche B Lender willing and able to accept Drafts, to create acceptances (“Bankers’ Acceptances”) by accepting Drafts and to purchase such Bankers’ Acceptances in accordance with Section 2.15(a) and (ii) in the case of a Tranche B Lender which is unwilling or unable to accept Drafts, to purchase completed Drafts, which will not be accepted by the Tranche B Lender or any other Tranche B Lender in accordance with Section 2.15 from time to time, on any Business Day during the Tranche B Availability Period of such Tranche B Lender, in an aggregate amount not to Committed Loans may exceed at any time outstanding the amount of such Fronting Lender’s Tranche B Commitment; provided. The Fronting Lender at any time in its sole and absolute discretion may request that each Alternative Currency Non-Qualified Lender, howeverand each Alternative Currency Non-Qualified Lender hereby irrevocably and unconditionally agrees to, that after giving effect purchase from such Fronting Lender a risk participation in such Alternative Currency Non-Qualified Lender’s Applicable Percentage of such Fronting Loan in the Dollar Equivalent of such Fronting Loan. Such request shall be made in writing (which written request shall be deemed to any be a Committed Borrowing made by Loan Notice for purposes hereof) and in accordance with the Tranche B Lendersrequirements of Section 2.2, (i) without regard to the Total Outstandings applicable minimum and multiples specified therein for the principal amount of Eurodollar Rate Loans, but subject to TCCI shall not exceed the unutilized portion of the Aggregate Tranche B Commitments, Commitments and the conditions set forth in Section 4.2. (ii) the aggregate Outstanding Amount Each Alternative Currency Non-Qualified Lender shall make an amount equal to its Applicable Percentage of the amount specified in such Committed Tranche B Loans of any Tranche B Lender plus such Lender’s ratable share Loan Notice available to the Administrative Agent in Same Day Funds for the account of the Outstanding Amount of all Swing Line Loans made to TCCI Fronting Lender at the Administrative Agent’s Office for Dollar-denominated payments not later than 1:00 p.m. on the day specified in such Committed Loan Notice. The Administrative Agent shall not exceed such Lender’s Tranche B Commitment. Within remit the limits of each Lender’s Tranche B Commitment, and subject funds so received to the other terms and conditions hereof, TCCI may borrow Fronting Lender. The purchase of such risk participation in each Alternative Currency Loan by such Alternative Currency Non-Qualified Lender shall satisfy such Alternative Currency Non-Qualified Lender funding requirements under this Section 2.1(b), prepay under Section 2.4, and, reborrow under . (iii) If any Alternative Currency Non-Qualified Lender fails to make available to the Administrative Agent for the account of the Fronting Lender any amount required to be paid by such Alternative Currency Non-Qualified Lender pursuant to the foregoing provisions of this Section 2.1(b) by the time specified in Section 2.2, the Fronting Lender shall be entitled to recover from such Alternative Currency Non-Qualified Lender (acting through the Administrative Agent), on demand, such amount with interest thereon for the period from the date such payment is required to the date on which such payment is immediately available to such Fronting Lender at a rate per annum equal to the applicable Overnight Rate from time to time in effect. Committed Tranche B Loans may A certificate of the Fronting Lender submitted to any Alternative Currency Non-Qualified Lender (through the Administrative Agent) with respect to any amounts owing under this clause (c) shall be Base Rate Loans, Eurocurrency Rate Loans, Canadian Prime Rate Loans, Bankers’ Acceptances or BA Equivalent Notes, as further provided hereinconclusive absent manifest error. (civ) Subject to the terms and conditions set forth herein, each Tranche C Lender severally agrees to make loans in Australian Dollars (each such loan, a “Committed Tranche C Loan”) to TFA on any Business Day during the Tranche C Availability Period of such Tranche C Lender, in an aggregate amount not to exceed at any time outstanding the amount of such Each Alternative Currency Non-Qualified Lender’s Tranche C Commitment; provided, however, that after giving effect obligation to any Committed Borrowing made by the Tranche C Lenders, (i) the Total Outstandings applicable to TFA shall not exceed the Aggregate Tranche C Commitments, purchase and (ii) the aggregate Outstanding Amount of the Committed Tranche C fund participations in Alternative Currency Loans of any Tranche C Lender plus such Lender’s ratable share of the Outstanding Amount of all Swing Line Loans made to TFA plus, in the case of a Tranche C Lender that is, or has an Affiliate that is, a Swing Line Lender having a Swing Line Commitment in Australian Dollars and without duplication, such Lender’s (or Affiliate’s) Swing Line Loans made to TFA shall not exceed such Lender’s Tranche C Commitment. Within the limits of each Lender’s Tranche C Commitment, and subject to the other terms and conditions hereof, TFA may borrow under this Section 2.1(c), prepay under Section 2.4, and, reborrow under this Section 2.1(c). (d) After giving effect to Committed Loans made pursuant to this Section 2.12.1(b) shall be absolute and unconditional and shall not be affected by any circumstance, including (A) any set-off, counterclaim, recoupment, defense or other right which such Alternative Currency Non-Qualified Lender may have against the Fronting Lender, the aggregate Outstanding Amount Company or any other Person for any reason whatsoever, (B) the occurrence or continuance of all Loans a Default, or (C) any other than Money Market occurrence, event or condition, whether or not similar to any of the foregoing. No such funding of risk participations shall relieve or otherwise impair the obligation of the Company to repay Alternative Currency Loans) made by such Lender or its Affiliates shall not exceed such Lender’s Commitment Cap, together with interest as provided herein.

Appears in 1 contract

Samples: Credit Agreement (Sunrise Senior Living Inc)

Committed Loans. (a) 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 Tranche A any Lender severally agrees to may make loans in US Dollars or in and have outstanding one or more Alternative Currencies (each Bid Rate Loans which, when aggregated with the outstanding principal amount of all Committed Loans from such loan, a “Committed Tranche A Loan”) to the Tranche A Borrowers from time to time, on any Business Day during the Tranche A Availability Period of such Tranche A Lender, in an amount not to would exceed the amount of such Lender’s Unused Tranche A Commitment at such time's Committed Sum. Within the limits Administrative Agent shall maintain a record of each Lender’s Unused Tranche A 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 Tranche A 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 2.1(a)borrow, prepay under Section 2.4repay, and reborrow under this Section 2.1(a). Committed Tranche A Loans may be Base and Bid Rate Loans or Eurocurrency hereunder, subject as respects Bid Rate Loans, as further provided hereinLoans to Section 2.3. (b) Subject to the terms and conditions set forth herein, each Tranche B Lender severally agrees to make loans to TCCI in US Dollars or in one or more Alternative Currencies, and (i) in the case of a Tranche B Lender willing and able to accept Drafts, to create acceptances (“Bankers’ Acceptances”) by accepting Drafts and to purchase such Bankers’ Acceptances in accordance with Section 2.15(a) and (ii) in the case of a Tranche B Lender which is unwilling or unable to accept Drafts, to purchase completed Drafts, which will not be accepted by the Tranche B Lender or any other Tranche B Lender in accordance with Section 2.15 from time to time, on any Business Day during the Tranche B Availability Period of such Tranche B Lender, in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s Tranche B Commitment; provided, however, that after giving effect to any Committed Borrowing made by the Tranche B Lenders, (i) the Total Outstandings applicable to TCCI shall not exceed the Aggregate Tranche B Commitments, and (ii) the aggregate Outstanding Amount of the Committed Tranche B Loans of any Tranche B Lender plus such Lender’s ratable share of the Outstanding Amount of all Swing Line Loans made to TCCI shall not exceed such Lender’s Tranche B Commitment. Within the limits of each Lender’s Tranche B Commitment, and subject to the other terms and conditions hereof, TCCI may borrow under this Section 2.1(b), prepay under Section 2.4, and, reborrow under this Section 2.1(b). Committed Tranche B Loans may be Base Rate Loans, Eurocurrency Rate Loans, Canadian Prime Rate Loans, Bankers’ Acceptances or BA Equivalent Notes, as further provided herein. (c) Subject to the terms and conditions set forth herein, each Tranche C Lender severally agrees to make loans in Australian Dollars (each such loan, a “Committed Tranche C Loan”) to TFA on any Business Day during the Tranche C Availability Period of such Tranche C Lender, in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s Tranche C Commitment; provided, however, that after giving effect to any Committed Borrowing made by the Tranche C Lenders, (i) the Total Outstandings applicable to TFA shall not exceed the Aggregate Tranche C Commitments, and (ii) the aggregate Outstanding Amount of the Committed Tranche C Loans of any Tranche C Lender plus such Lender’s ratable share of the Outstanding Amount of all Swing Line Loans made to TFA plus, in the case of a Tranche C Lender that is, or has an Affiliate that is, a Swing Line Lender having a Swing Line Commitment in Australian Dollars and without duplication, such Lender’s (or Affiliate’s) Swing Line Loans made to TFA shall not exceed such Lender’s Tranche C Commitment. Within the limits of each Lender’s Tranche C Commitment, and subject to the other terms and conditions hereof, TFA may borrow under this Section 2.1(c), prepay under Section 2.4, and, reborrow under this Section 2.1(c). (d) After giving effect to Committed Loans made pursuant to this Section 2.1, the aggregate Outstanding Amount of all Loans (other than Money Market Loans) made by such Lender or its Affiliates shall not exceed such Lender’s Commitment Cap.

Appears in 1 contract

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

Committed Loans. (a) Subject to the terms and conditions set forth herein, each Tranche A 1 Lender severally agrees to make loans (each such loan, a “Tranche 1 Loan”) to the Company, and to any other Borrower designated to receive Tranche 1 Loans hereunder, in US U.S. Dollars or in one or more Alternative Currencies (each such loan, a “Committed Tranche A Loan”) to the Tranche A Borrowers from time to time, on any Business Day during the Tranche A Availability Period of such Tranche A LenderPeriod, in an aggregate amount not to exceed at any time outstanding the amount of such Tranche 1 Lender’s Unused Tranche A Commitment 1 Commitment; provided, however, that after giving effect to any Tranche 1 Borrowing, (i) the Total Tranche 1 Outstandings shall not exceed the Aggregate 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 (i) the availability of the Aggregate Tranche 1 Commitments at any time for the making of any Tranche 1 Loans and the issuance of Letters of Credit shall be reduced by the amount of the Alternative Currency Reserve (if any) applicable to Tranche 1, and (ii) 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 timeEscalating Credits in the aggregate amount equal to the maximum aggregate amount available to be drawn under all such Escalating Credits (after giving effect to all increases). Within the limits of each Tranche 1 Lender’s Unused Tranche A 1 Commitment, and subject to the other terms and conditions hereof, the Tranche A Borrowers may borrow under this Section 2.1(a)2.01, prepay under Section 2.42.05, and reborrow under this Section 2.1(a)2.01. Committed Tranche A 1 Loans may be Base Rate Loans or Eurocurrency Rate Loans, as further provided herein. (b) Subject to the terms and conditions set forth herein, each Tranche B 2 Lender severally agrees to make loans (each such loan, a “Tranche 2 Loan”) to TCCI in US Dollars or in one or more Alternative Currenciesthe Company, and (i) in the case of a Tranche B Lender willing and able to accept Drafts, to create acceptances (“Bankers’ Acceptances”) by accepting Drafts and to purchase such Bankers’ Acceptances in accordance with Section 2.15(a) and (ii) in the case of a Tranche B Lender which is unwilling or unable to accept Drafts, to purchase completed Drafts, which will not be accepted by the Tranche B Lender or any other Borrower designated to receive Tranche B Lender 2 Loans hereunder, in accordance with Section 2.15 Euro from time to time, on any Business Day during the Tranche B Availability Period of such Tranche B LenderPeriod, in an aggregate amount not to exceed at any time outstanding the amount of such Tranche 2 Lender’s Tranche B 2 Commitment; provided, however, that after giving effect to any Committed Borrowing made by the Tranche B Lenders2 Borrowing, (i) the Total Tranche 2 Outstandings applicable to TCCI shall not exceed the Aggregate Tranche B 2 Commitments, and (ii) the aggregate Outstanding Amount of the Committed Tranche B Loans Revolving Credit Exposure of any Tranche B 2 Lender plus such Lender’s ratable share of the Outstanding Amount of all Swing Line Loans made to TCCI shall not exceed such Tranche 2 Lender’s Tranche B 2 Commitment; and provided further that (i) the availability of the Aggregate Tranche 2 Commitments at any time for the making of any Tranche 2 Loans shall be reduced by the amount of the Alternative Currency Reserve applicable to Tranche 2. Within the limits of each Tranche 2 Lender’s Tranche B 2 Commitment, and subject to the other terms and conditions hereof, TCCI the Borrowers may borrow under this Section 2.1(b)2.01, prepay under Section 2.42.05, and, and reborrow under this Section 2.1(b)2.01. Committed Tranche B 2 Loans may be Base Rate Loans, Eurocurrency Rate Loans, Canadian Prime Rate Loans, Bankers’ Acceptances or BA Equivalent Notes, as further provided hereinLoans denominated in Euro only. (c) Subject to the terms and conditions set forth herein, each Tranche C 3 Lender severally agrees to make loans in Australian Dollars (each such loan, a “Committed Tranche C 3 Loan”) to TFA the Company, and to any other Borrower designated to receive Tranche 3 Loans hereunder, in U.S. Dollars or in one or more Alternative Currencies from time to time, on any Business Day during the Tranche C Availability Period of such Tranche C LenderPeriod, in an aggregate amount not to exceed at any time outstanding the amount of such Tranche 3 Lender’s Tranche C 3 Commitment; provided, however, that after giving effect to any Committed Borrowing made by the Tranche C Lenders3 Borrowing, (i) the Total Tranche 3 Outstandings applicable to TFA shall not exceed the Aggregate Tranche C 3 Commitments, and (ii) the aggregate Outstanding Amount of the Committed Tranche C Loans Revolving Credit Exposure of any Tranche C 3 Lender plus such Lender’s ratable share of the Outstanding Amount of all Swing Line Loans made to TFA plus, in the case of a Tranche C Lender that is, or has an Affiliate that is, a Swing Line Lender having a Swing Line Commitment in Australian Dollars and without duplication, such Lender’s (or Affiliate’s) Swing Line Loans made to TFA shall not exceed such Tranche 3 Lender’s Tranche C 3 Commitment; and provided further that (i) the availability of the Aggregate Tranche 3 Commitments at any time for the making of any Tranche 3 Loans shall be reduced by the amount of the Alternative Currency Reserve applicable to Tranche 3. Within the limits of each Tranche 3 Lender’s Tranche C 3 Commitment, and subject to the other terms and conditions hereof, TFA the Borrowers may borrow under this Section 2.1(c)2.01, prepay under Section 2.42.05, and, and reborrow under this Section 2.1(c)2.01. Tranche 3 Loans may be Base Rate Loans or Eurocurrency Rate Loans, as further provided herein. (d) After giving effect to Committed Loans made pursuant to this Section 2.1Notwithstanding the foregoing, the aggregate Outstanding Amount sum of all Loans (other than Money Market Loans) made by such Lender or its Affiliates the Total Tranche 1 Outstandings, Total Tranche 2 Outstandings and Total Tranche 3 Outstandings of Xxxxxx Nederland at any time outstanding shall not exceed $1,100,000,000 in the aggregate, until such Lender’s Commitment CapBorrower has provided to the Administrative Agent evidence in form and substance satisfactory to the Administrative Agent, that such Borrower has received all necessary approvals and consents for borrowings in excess of $1,100,00,000, including positive approval from Works Council Netherlands with regard to such increased amount.

Appears in 1 contract

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

Committed Loans. (a) Subject to the terms and conditions set forth herein, each Tranche A Revolving Lender severally agrees to make loans in US Dollars or in one or more Alternative Currencies (each such loan, a “Committed Tranche A Loan”) Revolving Loans to the Tranche A Borrowers Borrower from time to time, on any Business Day during the Tranche A Availability Period of such Tranche A Lender, in an amount not to exceed the amount of such Lender’s Unused Tranche A Commitment at such time. Within the limits of each Lender’s Unused Tranche A Commitment, and subject to the other terms and conditions hereof, the Tranche A Borrowers may borrow under this Section 2.1(a), prepay under Section 2.4, and reborrow under this Section 2.1(a). Committed Tranche A Loans may be Base Rate Loans or Eurocurrency Rate Loans, as further provided herein. (b) Subject to the terms and conditions set forth herein, each Tranche B Lender severally agrees to make loans to TCCI in US Dollars or in one or more Alternative Currencies, and (i) in the case of a Tranche B Lender willing and able to accept Drafts, to create acceptances (“Bankers’ Acceptances”) by accepting Drafts and to purchase such Bankers’ Acceptances in accordance with Section 2.15(a) and (ii) in the case of a Tranche B Lender which is unwilling or unable to accept Drafts, to purchase completed Drafts, which will not be accepted by the Tranche B Lender or any other Tranche B Lender in accordance with Section 2.15 from time to time, on any Business Day during the Tranche Class B Availability Period of such Tranche B LenderPeriod, in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s Tranche B Revolving Commitment; provided, however, that after giving effect to any Committed Borrowing made by the Tranche B Lendersof Revolving Loans, (i) the Total Revolving Outstandings applicable to TCCI shall not exceed the Aggregate Tranche B Revolving Commitments, and (ii) the aggregate Outstanding Amount of the Committed Tranche B Revolving Loans of any Tranche B Lender Revolving Lender, plus such Revolving Lender’s ratable share Pro Rata Share of the Outstanding Amount of all L/C Obligations, plus such Revolving Lender’s Pro Rata Share of the Outstanding Amount of all Swing Line Loans made to TCCI shall not exceed such Lender’s Tranche B Revolving Commitment. Within the limits of each Revolving Lender’s Tranche B Revolving Commitment, and subject to the other terms and conditions hereof, TCCI the Borrower may borrow under this Section 2.1(b)2.01, prepay under Section 2.42.05, and, and reborrow under this Section 2.1(b)2.01. Committed Tranche B Revolving Loans may be Base Rate Loans, Eurocurrency Loans or Eurodollar Rate Loans, Canadian Prime Rate Loans, Bankers’ Acceptances or BA Equivalent Notes, as further provided herein. (b) On the Class B Maturity Date : (i) the Commitments of all Class B Lenders shall terminate and the Commitments of all Class A Lenders shall continue on the terms herein set forth; (ii) the Borrower shall prepay the outstanding Revolving Loans in an amount sufficient to reduce the outstanding principal amount thereof to an amount not in excess of the aggregate amount of all Class A Commitments; (iii) the Pro Rata Share of each Class A Lender shall be adjusted to reflect the termination of the Commitments of the Class B Lenders; (iv) 50% of all outstanding Loans shall be converted to funded term loans (the “Class A Term Loans”) that shall be held by all Class A Lenders ratably in accordance with their respective Pro Rata Shares; (v) 50% of all outstanding Loans shall be continued as Revolving Loans held by all Class A Lenders ratably in accordance with their respective Pro Rata Shares; and (vi) after giving effect to the foregoing, any unused Commitments shall continue as Class A Commitments of the Class A Lenders. (c) Subject to the terms and conditions set forth herein, each Tranche C Class A Lender severally agrees to make loans in Australian Dollars (each such loanRevolving Loans to the Borrower from time to time, a “Committed Tranche C Loan”) to TFA on any Business Day during from the Tranche C Availability Period of such Tranche C LenderClass B Maturity Date through the Class A Maturity Date, in an aggregate amount not to exceed at any time outstanding the amount of such Class A Lender’s Tranche C Revolving Commitment; provided, however, that after giving effect to any Committed Borrowing made by the Tranche C Lendersof Revolving Loans, (i) the Total Revolving Outstandings applicable to TFA shall not exceed the Aggregate Tranche C Revolving Commitments, and (ii) the aggregate Outstanding Amount of the Committed Tranche C Revolving Loans of any Tranche C Lender Class A Lender, plus such Lender’s ratable share 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 made to TFA plus, in the case of a Tranche C Lender that is, or has an Affiliate that is, a Swing Line Lender having a Swing Line Commitment in Australian Dollars and without duplication, such Lender’s (or Affiliate’s) Swing Line Loans made to TFA shall not exceed such Lender’s Tranche C Revolving Commitment. Within the limits of each Class A Lender’s Tranche C Revolving Commitment, and subject to the other terms and conditions hereof, TFA the Borrower may borrow under this Section 2.1(c2.01(c), prepay under Section 2.42.05, and, and reborrow under this Section 2.1(c)2.01. Revolving Loans may be Base Rate Loans or Eurodollar Rate Loans, as further provided herein. (d) After giving effect to Committed Loans made pursuant to this Section 2.1, the aggregate Outstanding Amount of all Loans (other than Money Market Loans) made by such Lender or its Affiliates shall not exceed such Lender’s Commitment Cap.

Appears in 1 contract

Samples: Credit Agreement (International Game Technology)

Committed Loans. (a) Subject to the terms and conditions set forth herein, each Tranche A Lender severally agrees to make loans in US Dollars or in one or more Alternative Currencies (each such loan, a “Committed Tranche A Loan”) to the Tranche A Borrowers Borrower from time to time, on any Business Day during the Tranche A Availability Period of such Tranche A Lender, in an amount not to exceed the amount of such Lender’s Unused Tranche A Commitment at such time. Within the limits of each Lender’s Unused Tranche A Commitment, and subject to the other terms and conditions hereof, the Tranche A Borrowers may borrow under this Section 2.1(a), prepay under Section 2.4, and reborrow under this Section 2.1(a). Committed Tranche A Loans may be Base Rate Loans or Eurocurrency Rate Loans, as further provided herein. (b) Subject to the terms and conditions set forth herein, each Tranche B Lender severally agrees to make loans to TCCI in US Dollars or in one or more Alternative Currencies, and (i) in the case of a Tranche B Lender willing and able to accept Drafts, to create acceptances (“Bankers’ Acceptances”) by accepting Drafts and to purchase such Bankers’ Acceptances in accordance with Section 2.15(a) and (ii) in the case of a Tranche B Lender which is unwilling or unable to accept Drafts, to purchase completed Drafts, which will not be accepted by the Tranche B Lender or any other Tranche B Lender in accordance with Section 2.15 from time to time, on any Business Day during the Tranche B Availability Period of such Tranche B LenderPeriod, in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s Tranche B Commitment; provided, however, that after giving effect to any Committed Borrowing made by the Tranche B LendersBorrowing, (i) the Total Outstandings applicable to TCCI shall not exceed the Aggregate Tranche B Commitments, and (ii) the aggregate Outstanding Amount of the Committed Tranche B Loans of any Tranche B Lender Lender, plus such Lender’s ratable share Applicable Percentage of the Outstanding Amount of all Swing Line Loans made to TCCI L/C Obligations shall not exceed such Lender’s Tranche B Commitment. Within the limits of each Lender’s Tranche B Commitment, and subject to the other terms and conditions hereof, TCCI Borrower may borrow under this Section 2.1(b)2.01, prepay under Section 2.42.05, and, and reborrow under this Section 2.1(b)2.01. Committed Tranche B Loans may be Base Rate Loans, Eurocurrency Floating Rate Loans or Eurodollar Rate Loans, Canadian Prime Rate Loans, Bankers’ Acceptances or BA Equivalent Notes, as further provided herein. (c) Subject . Provided there exists no Default, upon notice to the terms and conditions set forth hereinAdministrative Agent (which shall promptly notify the Lenders), each Tranche C Lender severally agrees the Borrower may from time to make loans time, request an increase in Australian Dollars the Aggregate Commitments by an amount (each for all such loan, a “Committed Tranche C Loan”requests) to TFA on any Business Day during the Tranche C Availability Period of such Tranche C Lender, in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s Tranche C Commitmentexceeding $20,000,000; provided, however, provided that after giving effect to any Committed Borrowing made by the Tranche C Lenders, (i) the Total Outstandings applicable to TFA any such request for an increase shall not exceed the Aggregate Tranche C Commitmentsbe in a minimum amount of $5,000,000, and (ii) the aggregate Outstanding Amount 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 Borrower, the Administrative Agent and the Lenders. Each Lender shall notify the Administrative Agent within such time period whether or 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 Committed Tranche C Loans of any Tranche C Lenders’ responses to each request made hereunder. No Lender plus such Lender’s ratable share of shall be obligated to provide Additional Commitments unless it so agrees. To achieve the Outstanding Amount of all Swing Line Loans made to TFA plus, in the case full amount of a Tranche C Lender that is, or has an Affiliate that is, a Swing Line Lender having a Swing Line Commitment in Australian Dollars and without duplication, such Lender’s requested increase (or Affiliate’sif the Lenders were unwilling to do so) Swing Line Loans made to TFA shall not exceed such Lender’s Tranche C Commitment. Within the limits of each Lender’s Tranche C Commitment, and subject to the other terms consent of the Administrative Agent and conditions hereofthe 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, TFA the Borrower may borrow also invite additional Eligible Assignees (provided they are also a Bank, as defined below) to become Lenders (the “Additional Lender”) pursuant to a joinder or amendment agreement in form and substance satisfactory to the Administrative Agent 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 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 Section 2.1(c), prepay under Section 2.4, Agreement pursuant to an amendment (an “Additional Loan Amendment”) to this Agreement and, reborrow under this Section 2.1(c). (d) After giving effect to Committed Loans made pursuant to this Section 2.1as appropriate, the aggregate Outstanding Amount of all Loans (other than Money Market Loans) made by such Lender or its Affiliates shall not exceed such Lender’s Commitment Cap.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 Tranche A Lender severally agrees to make loans (each such loan, a “Committed Loan”) to the Borrowers in US Dollars or in one or more Alternative Currencies (each such loan, a “Committed Tranche A Loan”) to the Tranche A Borrowers from time to time, on any Business Day during the Tranche A Availability Period of such Tranche A Lender, in an amount not to exceed the amount of such Lender’s Unused Tranche A Commitment at such time. Within the limits of each Lender’s Unused Tranche A Commitment, and subject to the other terms and conditions hereof, the Tranche A Borrowers may borrow under this Section 2.1(a), prepay under Section 2.4, and reborrow under this Section 2.1(a). Committed Tranche A Loans may be Base Rate Loans or Eurocurrency Rate Loans, as further provided herein. (b) Subject to the terms and conditions set forth herein, each Tranche B Lender severally agrees to make loans to TCCI in US Dollars or in one or more Alternative Currencies, and (i) in the case of a Tranche B Lender willing and able to accept Drafts, to create acceptances (“Bankers’ Acceptances”) by accepting Drafts and to purchase such Bankers’ Acceptances in accordance with Section 2.15(a) and (ii) in the case of a Tranche B Lender which is unwilling or unable to accept Drafts, to purchase completed Drafts, which will not be accepted by the Tranche B Lender or any other Tranche B Lender in accordance with Section 2.15 from time to time, on any Business Day during the Tranche B Availability Period of such Tranche B LenderPeriod, in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s Tranche B Commitment; provided, however, that after giving effect to any Committed Borrowing made by the Tranche B LendersBorrowing, (i) the Total Outstandings applicable to TCCI shall not exceed the Aggregate Tranche B Commitments, and (ii) the aggregate Outstanding Amount of the Committed Tranche B Loans of any Tranche B Lender Lender, plus such Lender’s ratable share Applicable Percentage of the Outstanding Amount of all Swing Line L/C Obligations, plus such Lender’s Applicable Percentage of the Outstanding Amount of all Swingline Loans made to TCCI shall not exceed such Lender’s Tranche B CommitmentCommitment and (iii) the aggregate Outstanding Amount of all Committed Loans denominated in an Alternative Currency plus the aggregate Outstanding Amount of all L/C Obligations denominated in an Alternative Currency shall not exceed the 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 accordance 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 Tranche B Commitment, and subject to the other terms and conditions hereof, TCCI the Borrowers may borrow under this Section 2.1(b)2.01, prepay under Section 2.42.05, and, and reborrow under this Section 2.1(b)2.01. Committed Tranche B Loans may be Base Rate Loans, Loans or Eurocurrency Rate Loans, Canadian Prime Rate Loans, Bankers’ Acceptances or BA Equivalent Notes, as further provided herein. (c) Subject . All Committed Loans made on the Closing Date shall be Base Rate Loans. Notwithstanding anything herein to the terms and conditions set forth hereincontrary, each Tranche C Lender severally agrees to make loans in Australian Dollars (each such loan, a “Base Rate Committed Tranche C Loan”) to TFA on any Business Day during the Tranche C Availability Period of such Tranche C Lender, in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s Tranche C Commitment; provided, however, that after giving effect to any Committed Borrowing made by the Tranche C Lenders, Loans shall be (i) the Total Outstandings applicable to TFA shall not exceed the Aggregate Tranche C Commitments, denominated in Dollars and (ii) the aggregate Outstanding Amount of the Committed Tranche C Loans of any Tranche C Lender plus such Lender’s ratable share of the Outstanding Amount of all Swing Line Loans made to TFA plus, in the case of a Tranche C Lender that is, or has an Affiliate that is, a Swing Line Lender having a Swing Line Commitment in Australian Dollars and without duplication, such Lender’s (or Affiliate’s) Swing Line Loans made to TFA shall not exceed such Lender’s Tranche C Commitment. Within the limits of each Lender’s Tranche C Commitment, and subject available solely to the Company and each other terms and conditions hereof, TFA may borrow under this Section 2.1(c), prepay under Section 2.4, and, reborrow under this Section 2.1(c)Borrower that is a Domestic Subsidiary. (d) After giving effect to Committed Loans made pursuant to this Section 2.1, the aggregate Outstanding Amount of all Loans (other than Money Market Loans) made by such Lender or its Affiliates shall not exceed such Lender’s Commitment Cap.

Appears in 1 contract

Samples: Credit Agreement (Amphenol Corp /De/)

Committed Loans. (a) Subject to the terms and conditions set forth herein, each Tranche A Lender severally agrees to make loans in US Dollars or in one or more Alternative Currencies (each such loan, a “Committed Tranche A Loan”) to the Tranche A Borrowers from time to time, on any Business Day during the Tranche A Availability Period of such Tranche A LenderPeriod, in an aggregate amount not to exceed at any time outstanding the lesser of (x) the amount of such Lender’s Unused Tranche A Commitment Commitment, or (y) such Lender’s Applicable Percentage of the Borrowing Base; subject in each case to the following limitations: (i) after giving effect to any Committed Borrowing, the Total Outstandings shall not exceed the Loan Cap, (ii) after giving effect to any Committed Borrowing, the aggregate Outstanding Amount of the Committed Loans of any Lender, plus such Lender’s Applicable Percentage of the Outstanding Amount of all LC 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 Outstanding Amount of all LC Obligations shall not at such timeany time exceed the Letter of Credit Sublimit. Within the limits of each Lender’s Unused Tranche A Commitment, and subject to the other terms and conditions hereof, the Tranche A Borrowers may borrow under this Section 2.1(a)2.01, prepay under Section 2.42.05, and reborrow under this Section 2.1(a)2.01. Committed Tranche A Loans may be Base Rate Loans Loans, or Eurocurrency LIBO Rate Loans, as further provided herein. (b) Subject The Co-Collateral Agents shall have the right, at any time and from time to time after the terms and conditions set forth hereinClosing Date in their Permitted Discretion to establish, each Tranche B Lender severally agrees to make loans to TCCI modify or eliminate Reserves. The Co-Collateral Agents will provide the Lead Borrower one (1) Business Day’s prior notice of the establishment of any new categories of Reserves or for changes in US Dollars or in one or more Alternative Currenciesthe methodology of the calculation of an existing category of Reserves, and provided, that, no such notice shall be required (i) in at any time that a Default or Event of Default shall exist or have occurred and be continuing, (ii) for changes to any Reserves resulting solely by virtue of mathematical calculations of the case amount of a Tranche B Lender willing and able to accept Drafts, to create acceptances (“Bankers’ Acceptances”) by accepting Drafts and to purchase such Bankers’ Acceptances the Reserve in accordance with Section 2.15(athe methodology of calculation previously utilized (such as, but not limited to, rent and Customer Credit Liabilities), or (iii) and for changes to categories of Reserves or methodology of calculation if a Material Adverse Effect has occurred or it would be reasonably likely to occur were such categories of Reserves or methodology not changed prior to the expiration of such one (ii1) in the case of a Tranche B Lender which is unwilling or unable to accept Drafts, to purchase completed Drafts, which will not be accepted by the Tranche B Lender or any other Tranche B Lender in accordance with Section 2.15 from time to time, on any Business Day during the Tranche B Availability Period of such Tranche B Lender, in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s Tranche B Commitment; provided, however, that after giving effect to any Committed Borrowing made by the Tranche B Lenders, (i) the Total Outstandings applicable to TCCI shall not exceed the Aggregate Tranche B Commitments, and (ii) the aggregate Outstanding Amount of the Committed Tranche B Loans of any Tranche B Lender plus such Lender’s ratable share of the Outstanding Amount of all Swing Line Loans made to TCCI shall not exceed such Lender’s Tranche B Commitment. Within the limits of each Lender’s Tranche B Commitment, and subject to the other terms and conditions hereof, TCCI may borrow under this Section 2.1(b), prepay under Section 2.4, and, reborrow under this Section 2.1(b). Committed Tranche B Loans may be Base Rate Loans, Eurocurrency Rate Loans, Canadian Prime Rate Loans, Bankers’ Acceptances or BA Equivalent Notes, as further provided hereinperiod. (c) Subject Anything to the terms contrary in this Section 2.01 or otherwise notwithstanding, for so long as the ASC Indenture is in effect or includes any limitation on the amount of the Indebtedness of the Lead Borrower that may be secured by the ASC Restricted Collateral, the ASC Restricted Collateral subject to the Lien of Administrative Agent will secure only the Maximum ASC Credit Facility Amount, and conditions set forth herein, each Tranche C Lender severally agrees the amount of ASC Restricted Collateral included in the Borrowing Base shall be limited to make loans in Australian Dollars (each such loan, a “Committed Tranche C Loan”) to TFA on any Business Day during the Tranche C Availability Period of such Tranche C Lender, in an aggregate amount not to exceed Maximum ASC Credit Facility Amount. The Co-Collateral Agents may at any time outstanding and from time to time require that a Responsible Officer execute and deliver to the amount Co-Collateral Agents a certificate, in form and substance reasonably satisfactory to the Co-Collateral Agents, calculating the Maximum ASC Credit Facility Amount, including certifying the accuracy of such Lender’s Tranche C Commitment; provided, however, that after giving effect to any Committed Borrowing made by the Tranche C Lenders, (i) the Total Outstandings applicable to TFA shall not exceed the Aggregate Tranche C Commitments, calculation and (ii) the aggregate Outstanding Amount of the Committed Tranche C Loans of any Tranche C Lender plus providing such Lender’s ratable share of the Outstanding Amount of all Swing Line Loans made to TFA plus, in the case of a Tranche C Lender that is, or has an Affiliate that is, a Swing Line Lender having a Swing Line Commitment in Australian Dollars and without duplication, such Lender’s (or Affiliate’s) Swing Line Loans made to TFA shall not exceed such Lender’s Tranche C Commitment. Within the limits of each Lender’s Tranche C Commitment, and subject reasonable detail as to the other terms and conditions hereof, TFA basis for such calculation as the Co-Collateral Agents may borrow under this Section 2.1(c), prepay under Section 2.4, and, reborrow under this Section 2.1(c)from time to time request. (d) After giving effect to Committed Loans made pursuant to this Section 2.1, the aggregate Outstanding Amount of all Loans (other than Money Market Loans) made by such Lender or its Affiliates shall not exceed such Lender’s Commitment Cap.

Appears in 1 contract

Samples: Credit Agreement (Supervalu Inc)

Committed Loans. (a) Subject to Each Lender having a Commitment hereunder severally agrees, on the terms and subject to the conditions hereinafter set forth hereinforth, each Tranche A Lender severally agrees to make loans in US Dollars or in one or more Alternative Currencies 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 Tranche A Loan”) to the Tranche A Borrowers from time to time, on any Business Day during the Tranche A Availability Period of such Tranche A Lender), in an amount aggregate Equivalent Amount in Dollars at any time outstanding which does not to exceed the amount of such Lender’s Unused Tranche A Commitment Commitment; provided, however, that after giving effect to any Borrowing of Committed Loans, (i) the Effective Amount of all Committed Loans, L/C Obligations and Bid Loans shall not at such timeany time exceed the Aggregate Commitments, and (ii) after giving effect to any Borrowing of Offshore Currency Loans, the aggregate principal Equivalent Amount in Dollars of all outstanding Offshore Currency Loans shall not exceed the Offshore Currency Loan Sublimit. Within the limits of each Lender’s Unused Tranche A Commitment, and subject to the other terms and conditions hereof, the Tranche A Borrowers Company may borrow Committed Loans under this Section 2.1(a)2.01, prepay such Loans under Section 2.4, 2.08 and reborrow under this Section 2.1(a)2.01. On the Committed Tranche A Loans may be Base Rate Loans or Eurocurrency Rate Loans, as further provided herein. (b) Subject to the terms and conditions set forth hereinConversion Date, each Tranche B Lender severally agrees to make loans to TCCI in US Dollars or in one or more Alternative Currencies, and (i) in Lender’s share of the case of a Tranche B Lender willing and able to accept Drafts, to create acceptances (“Bankers’ Acceptances”) by accepting Drafts and to purchase such Bankers’ Acceptances in accordance with Section 2.15(a) and (ii) in the case of a Tranche B Lender which is unwilling or unable to accept Drafts, to purchase completed DraftsCommitted Conversion Amount, which will not share shall be accepted by the Tranche B Lender or any other Tranche B Lender in accordance with Section 2.15 from time to time, determined based on any Business Day during the Tranche B Availability Period of such Tranche B Lender, in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s Tranche B Commitment; providedCommitment Percentage (expressed in the Applicable Currency) thereof in effect on the Seventh Amendment Effective Date, however, that after giving effect to any Committed Borrowing made by the Tranche B Lenders, shall be automatically converted into a term loan (i) the Total Outstandings applicable to TCCI shall not exceed the Aggregate Tranche B Commitments, and (ii) the aggregate Outstanding Amount of the Committed Tranche B Loans of any Tranche B Lender plus such Lender’s ratable share of the Outstanding Amount of all Swing Line Loans made to TCCI shall not exceed such Lender’s Tranche B Commitment. Within the limits of each Lender’s Tranche B Commitment, and subject to the other terms and conditions hereof, TCCI may borrow under this Section 2.1(b), prepay under Section 2.4, a “Term Loan” and, reborrow under this Section 2.1(b). Committed Tranche B Loans may be Base Rate collectively, the “Term Loans, Eurocurrency Rate Loans, Canadian Prime Rate Loans, Bankers’ Acceptances or BA Equivalent Notes, as further provided herein. (c) Subject to the terms and conditions set forth herein, each Tranche C Lender severally agrees to make loans in Australian Dollars (each such loan, a “Committed Tranche C Loan”) to TFA on any Business Day during the Tranche C Availability Period of such Tranche C Lender, in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s Tranche C Commitment; provided, however, that after giving effect to any Committed Borrowing made by the Tranche C Lenders, (i) the Total Outstandings applicable to TFA Term Loan shall not exceed the Aggregate Tranche C Commitments, and (ii) the aggregate Outstanding Amount of the Committed Tranche C Loans of any Tranche C Lender plus such Lender’s ratable share of the Outstanding Amount of all Swing Line Loans made to TFA plus, in the case of a Tranche C Lender that is, or has an Affiliate that is, a Swing Line Lender having a Swing Line Commitment in Australian Dollars and without duplication, such Lender’s (or Affiliate’s) Swing Line Loans made to TFA shall not exceed such Lender’s Tranche C Commitment. Within the limits of each Lender’s Tranche C Commitment, and subject to the other terms and conditions hereof, TFA may borrow under this Section 2.1(c), prepay under Section 2.4, and, reborrow under this Section 2.1(c). (d) After giving effect to Committed Loans made pursuant to this Section 2.1, the aggregate Outstanding Amount of all Loans (other than Money Market Loans) 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 its Affiliates 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 outstanding not exceed such Lender’s Commitment Capconverted into Term Loans shall continue to be Committed Loans.

Appears in 1 contract

Samples: Credit Agreement (Georgia Pacific Corp)

Committed Loans. (a) Subject to the terms and conditions set forth hereinin this Agreement, each Tranche A Lender severally agrees to make loans in US Dollars or in one or more Alternative Currencies make, Convert and Continue Committed Loans (each such loan, a “Committed Tranche A Loan”"REVOLVING LOANS") to until the Tranche A Revolving Commitment Termination Date as Borrowers may from time to timetime request; PROVIDED, on any Business Day during HOWEVER, that the Tranche A Availability Period Outstanding Obligations of such Tranche A Lender, in an amount each Lender shall not to exceed the amount of such Lender’s Unused Tranche A Commitment at such time. Within the limits of each Lender’s Unused Tranche A 's Commitment, and subject the Outstanding Obligations of all Lenders shall not exceed the Combined Commitments at any time. Subject to the foregoing and the other terms and conditions hereof, the Tranche A Borrowers may borrow under this Section 2.1(a)borrow, Convert, Continue, prepay under Section 2.4, and reborrow under this Section 2.1(a). Committed Tranche A Revolving Loans may be Base Rate Loans until the Revolving Commitment Termination Date as set forth herein without premium or Eurocurrency Rate Loans, as further provided hereinpenalty. (b) If the conditions to the extension of the initial Maturity Date hereunder are satisfied pursuant to SECTION 2.13, all Revolving 42 Loans outstanding on the Revolving Commitment Termination Date, after giving effect to any prepayment thereof made on such date, shall be converted into term loans ("TERM LOANS") hereunder. No additional Term Loans shall be made hereunder. Subject to the terms and conditions set forth hereinin this Agreement, each Tranche B Lender severally agrees to make loans to TCCI in US Dollars or in one or more Alternative Currencies, Convert and (i) in Continue Term Loans until the case of a Tranche B Lender willing and able to accept Drafts, to create acceptances (“Bankers’ Acceptances”) by accepting Drafts and to purchase such Bankers’ Acceptances in accordance with Section 2.15(a) and (ii) in the case of a Tranche B Lender which is unwilling or unable to accept Drafts, to purchase completed Drafts, which will not be accepted by the Tranche B Lender or any other Tranche B Lender in accordance with Section 2.15 Maturity Date as Borrowers may from time to timetime request; PROVIDED, on any Business Day during the Tranche B Availability Period of such Tranche B Lender, in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s Tranche B Commitment; provided, howeverHOWEVER, that after giving effect to any Committed Borrowing made by the Tranche B Lenders, (i) the Total Outstandings applicable to TCCI shall not exceed the Aggregate Tranche B Commitments, and (ii) the aggregate Outstanding Amount of the Committed Tranche B Loans of any Tranche B Lender plus such Lender’s ratable share of the Outstanding Amount Obligations of all Swing Line Loans made to TCCI each Lender shall not exceed such Lender’s Tranche B Commitment. Within the limits of each Lender’s Tranche B 's Commitment, and subject the Outstanding Obligations of all Lenders shall not exceed the Combined Commitments at any time. Subject to the foregoing and the other terms and conditions hereof, TCCI Borrowers may borrow under this Section 2.1(b)Convert, Continue, and prepay under Section 2.4, and, reborrow under this Section 2.1(b)Term Loans until the Maturity Date as set forth herein without premium or penalty. Committed Tranche B Term Loans that are repaid or prepaid may not be Base Rate Loans, Eurocurrency Rate Loans, Canadian Prime Rate Loans, Bankers’ Acceptances or BA Equivalent Notes, as further provided hereinreborrowed. (c) Subject Loans made by each Lender shall be evidenced by one or more loan accounts or records maintained by such Lender in the Ordinary Course of Business. Such Lender's Loans shall be evidenced by one or more Notes, instead of or in addition to loan accounts. Each such Lender may attach schedules to its Note(s) and endorse thereon the terms date, amount and conditions set forth hereinmaturity of its Committed Loans and payments with respect thereto. Such loan accounts, each Tranche C Lender severally agrees to make loans in Australian Dollars (each such loan, a “Committed Tranche C Loan”) to TFA on any Business Day during the Tranche C Availability Period records or Notes shall be conclusive absent manifest error of such Tranche C Lender, in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s Tranche C Commitment; providedLoans and payments thereon. Any failure so to record or any error in doing so shall not, however, that after giving effect limit or otherwise affect the obligation of Borrowers to pay any Committed Borrowing made by the Tranche C Lenders, (i) the Total Outstandings applicable to TFA shall not exceed the Aggregate Tranche C Commitments, and (ii) the aggregate Outstanding Amount of the Committed Tranche C Loans of any Tranche C Lender plus such Lender’s ratable share of the Outstanding Amount of all Swing Line Loans made to TFA plus, in the case of a Tranche C Lender that is, or has an Affiliate that is, a Swing Line Lender having a Swing Line Commitment in Australian Dollars and without duplication, such Lender’s (or Affiliate’s) Swing Line Loans made to TFA shall not exceed such Lender’s Tranche C Commitment. Within the limits of each Lender’s Tranche C Commitment, and subject amount owing with respect to the other terms and conditions hereof, TFA may borrow under this Section 2.1(c), prepay under Section 2.4, and, reborrow under this Section 2.1(c)Loans. (d) After giving effect Anything contained in this Agreement to the contrary notwithstanding, the Committed Loans made pursuant and the Combined Commitment shall be subject to the following additional limitations: (i) in no event shall the aggregate principal amount of outstanding Committed Loans, the proceeds of which are used to finance Construction/Renovation, exceed $100,000,000; and (ii) in no event shall the Outstanding Obligations at any time exceed the lesser of (x) the Combined Commitments then in effect and (y) an amount equal to 300% of the Free Corporate Cash Flow for the four fiscal quarter period most recently ended on or before such time of determination. (e) Subject to the provisions of SECTION 4.02, on the terms and subject to the conditions set forth in this SECTION 2.01(e), Borrowers may, on or at any time prior to March 11, 2004, by written notice to Administrative Agent, request an increase in the then effective aggregate principal amount of the Combined Commitments by (i) permitting any Lender to increase its Commitment (and accordingly increase the Combined Commitments by such amount), or (ii) inviting any Eligible Assignee that has previously been approved by Administrative Agent in writing to become a Lender under this Agreement and to provide a commitment to lend hereunder (and accordingly increase the Combined Commitments by such amount); PROVIDED, however, that in no event shall such actions cause the aggregate principal amount of the Combined Commitments to increase above $500,000,000. Each of the Lenders acknowledges and agrees that, notwithstanding any contrary provisions of SECTION 10.01, (i) its consent to any such increase in the Combined Commitments shall not be required and (ii) Eligible Assignees may be added to this Section 2.1Agreement and any Lender may increase its Commitment without the consent or agreement of the other Lenders (PROVIDED, however, that no Lender's Commitment may be increased without such Lender's consent), so long as Administrative Agent and Borrowers have consented in writing to such Eligible Assignee or the aggregate Outstanding Amount increase in the Commitment of any of the Lenders, as applicable. Administrative Agent shall not unreasonably withhold its consent to Borrowers' request for an increase in the Combined Commitments under this SECTION 2.01(E) provided that Borrowers satisfy all Loans of the following conditions precedent: (other than Money Market Loansi) made No Default or Event of Default shall have occurred and remain uncured on the Increase Effective Date (as hereinafter defined), and Administrative Agent shall have received a certificate to that effect signed by an officer of the Borrowers; (ii) Any Eligible Assignee is acceptable to Administrative Agent in its reasonable discretion; (iii) Borrowers and each such Lender or its Affiliates Eligible Assignee shall not exceed have executed and delivered to Administrative Agent a Joinder Agreement in the form of EXHIBIT M attached hereto (a "JOINDER AGREEMENT"); (iv) Borrowers shall have paid to Administrative Agent, for the account of such Lender or Eligible Assignee, Administrative Agent and BAS, as applicable, a commitment fee and/or an arrangement fee in an amount reasonably satisfactory to Administrative Agent and Borrowers; (v) Administrative Agent shall have sent written notice of each such request by Borrowers to the Lenders, together with notice of such Eligible Assignee's Commitment or such Lender’s 's increased Commitment, as the case may be, and the effective date (the "INCREASE EFFECTIVE DATE") of such increase in the Combined Commitments; and (vi) All requirements of this SECTION 2.01(e) shall have been satisfied. Upon the Increase Effective Date, and notwithstanding any contrary provision of this Agreement (i) each such Eligible Assignee shall become a party to this Agreement, and thereafter shall have all of the rights and obligations of a Lender hereunder, (ii) each such Eligible Assignee or Lender shall simultaneously pay to Administrative Agent, for distribution to the Lenders whose Pro Rata Shares of the Combined Commitments of all of the Lenders have decreased as a result of the new Commitment Capof such Eligible Assignee or the increased Commitment of such Lender, an amount equal to the product of such Eligible Assignee's Pro Rata Share (or the increase in such Lender's Pro Rata Share), expressed as a decimal, multiplied by the aggregate outstanding principal amount of the Loans on the date of determination, and (iii) each such Eligible Assignee or Lender shall thereafter be obligated to make its Pro Rata Share of Borrowings to Borrowers up to and including the amount of such Eligible Assignee's or Lender's Pro Rata Share of the increased Combined Commitments, on the terms and subject to the conditions set forth in this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Apartment Investment & Management Co)

Committed Loans. (a) Subject to the terms and conditions set forth herein, (i) each Tranche A 1 Lender severally agrees to make loans in US Dollars or in one or more Alternative Currencies (each such loan, a “Tranche 1 Committed Tranche A Loan”) in Agreed Currencies to the Tranche A Borrowers Borrower or a Designated Borrower from time to time, on any Business Day during the Tranche A Availability Period of such Tranche A Lender, in an amount not to exceed the amount of such Lender’s Unused Tranche A Commitment at such time. Within the limits of each Lender’s Unused Tranche A Commitment, and subject to the other terms and conditions hereof, the Tranche A Borrowers may borrow under this Section 2.1(a), prepay under Section 2.4, and reborrow under this Section 2.1(a). Committed Tranche A Loans may be Base Rate Loans or Eurocurrency Rate Loans, as further provided herein. (b) Subject to the terms and conditions set forth herein, each Tranche B Lender severally agrees to make loans to TCCI in US Dollars or in one or more Alternative Currencies, and (i) in the case of a Tranche B Lender willing and able to accept Drafts, to create acceptances (“Bankers’ Acceptances”) by accepting Drafts and to purchase such Bankers’ Acceptances in accordance with Section 2.15(a) and (ii) in the case of a Tranche B Lender which is unwilling or unable to accept Drafts, to purchase completed Drafts, which will not be accepted by the Tranche B Lender or any other Tranche B Lender in accordance with Section 2.15 from time to time, on any Business Day during the Tranche B Availability Period of such Tranche B LenderPeriod, in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s Tranche B 1 Commitment; provided, however, that after giving effect to any Committed Borrowing made by Borrowing, (x) the Dollar Amount of the aggregate Outstanding Amounts of the Tranche B Lenders, (i) the Total Outstandings applicable to TCCI 1 Lenders shall not exceed the Aggregate total Tranche B 1 Commitments, and (iiy) the aggregate Outstanding Dollar Amount of the Committed Outstanding Amount with respect to the Tranche B 1 Loans of any Tranche B 1 Lender plus such Lender’s ratable share of the Outstanding Amount of all Swing Line Loans made to TCCI shall not exceed such Lender’s Tranche B Commitment. Within the limits of each Lender’s Tranche B Commitment, 1 Commitment and subject to the other terms and conditions hereof, TCCI may borrow under this Section 2.1(b), prepay under Section 2.4, and, reborrow under this Section 2.1(b). Committed Tranche B Loans may be Base Rate Loans, Eurocurrency Rate Loans, Canadian Prime Rate Loans, Bankers’ Acceptances or BA Equivalent Notes, as further provided herein. (cii) Subject to the terms and conditions set forth herein, each Tranche C 2 Lender severally agrees to make loans in Australian Dollars (each such loan, a “Tranche 2 Committed Loan” and, together with the Tranche C Loan1 Committed Loans, the “Committed Loans”) in U.S. Dollars, Euro and/or Pounds Sterling to TFA the Borrower or a Designated Borrower from time to time, on any Business Day during the Tranche C Availability Period of such Tranche C LenderPeriod, in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s Tranche C 2 Commitment; provided, however, that after giving effect to any Committed Borrowing made by Borrowing, (x) the Dollar Amount of the aggregate Outstanding Amounts of the Tranche C Lenders, (i) the Total Outstandings applicable to TFA 2 Lenders shall not exceed the Aggregate total Tranche C 2 Commitments, and (iiy) the aggregate Outstanding Dollar Amount of the Committed Outstanding Amount with respect to the Tranche C 2 Loans of any Tranche C 2 Lender plus such Lender’s ratable share of the Outstanding Amount of all Swing Line Loans made to TFA plus, in the case of a Tranche C Lender that is, or has an Affiliate that is, a Swing Line Lender having a Swing Line Commitment in Australian Dollars and without duplication, such Lender’s (or Affiliate’s) Swing Line Loans made to TFA shall not exceed such Lender’s Tranche C Commitment2 Commitment and (z) the Tranche 2 Lenders shall only be obligated to make Tranche 2 Committed Loans denominated in (A) U.S. Dollars, (B) Euro and/or (C) Pounds Sterling. Within the limits of each Lender’s Tranche C Commitment, and subject to the other terms and conditions hereof, TFA the Borrower or a Designated Borrower may borrow under this Section 2.1(c)2.01, prepay under Section 2.42.03, and, and reborrow under this Section 2.1(c). (d) After giving effect to 2.01. Committed Loans may be ABR Loans or Eurocurrency Rate Loans, as further provided herein; provided that ABR Loans shall only be made pursuant in U.S. Dollars. Each Lender may, at its option, make any Committed Loan available to this Section 2.1, the aggregate Outstanding Amount Borrower or a Designated Borrower by causing any foreign or domestic branch or Affiliate of all Loans (other than Money Market Loans) made by such Lender or its Affiliates to make such Committed Loan; provided that, any exercise of such option shall not exceed affect the obligation of the Borrower or such Lender’s Commitment CapDesignated Borrower to repay such Committed Loan in accordance with the terms and subject to the conditions of this Agreement, and such Affiliate shall be treated as a Lender for purposes of this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Ebay Inc)

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 Tranche A Revolving Lender severally agrees to make revolving loans in US Dollars or in one or more Alternative Currencies (each such loan, a “Committed Tranche A Revolving Loan”) to the Tranche A 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 Tranche A Availability Period of such Tranche A Lender, in an amount not to exceed for the amount of such Lender’s Unused Tranche A Commitment at such time. Within the limits of each Lender’s Unused Tranche A Commitment, and subject to the other terms and conditions hereof, the Tranche A Borrowers may borrow under this Section 2.1(a), prepay under Section 2.4, and reborrow under this Section 2.1(a). Committed Tranche A Loans may be Base Rate Loans or Eurocurrency Rate Loans, as further provided herein. (b) Subject to the terms and conditions set forth herein, each Tranche B Lender severally agrees to make loans to TCCI in US Dollars or in one or more Alternative Currencies, and (i) in the case of a Tranche B Lender willing and able to accept Drafts, to create acceptances (“Bankers’ Acceptances”) by accepting Drafts and to purchase such Bankers’ Acceptances in accordance with Section 2.15(a) and (ii) in the case of a Tranche B Lender which is unwilling or unable to accept Drafts, to purchase completed Drafts, which will not be accepted by the Tranche B Lender or any other Tranche B Lender in accordance with Section 2.15 from time to time, on any Business Day during the Tranche B Availability Period of such Tranche B LenderRevolving Facility, in an aggregate amount not to exceed at any time outstanding the amount of such Revolving Lender’s Tranche B Revolving Commitment; provided, however, that after giving effect to any Committed Borrowing made by the Tranche B LendersBorrowing, (i) the Total Revolving Outstandings applicable to TCCI shall not exceed the Aggregate Tranche B Revolving Commitments, and (ii) the aggregate Outstanding Amount of the Committed Tranche B Revolving Loans of any Tranche B Revolving Lender plus (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 ratable share 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 Swing Line Loans made to TCCI L/C Obligations shall not exceed such Revolving Lender’s Tranche B Revolving Commitment, (iii) the aggregate Outstanding Amount of all Revolving Loans denominated in Alternative Currencies shall not exceed the Alternative Currency Sublimit and (iv) the aggregate Outstanding Amount of all Committed Revolving Loans denominated in an Alternative Currency fronted by any Alternative Currency Fronting Lender shall not exceed $37,500,000. Within the limits of each Revolving Lender’s Tranche B Revolving Commitment, and subject to the other terms and conditions hereof, TCCI the Borrower may borrow under this Section 2.1(b2.01(a), prepay under Section 2.42.06, and, and reborrow under this Section 2.1(b2.01(a). Committed Tranche B Revolving Loans may be Base Rate Loans, LIBOR Daily Loans or Eurocurrency Rate Loans, Canadian Prime Rate Loans, Bankers’ Acceptances or BA Equivalent Notes, as further provided herein. (c) Subject to the terms and conditions set forth herein, each Tranche C Lender severally agrees to make loans in Australian Dollars (each such loan, a “Committed Tranche C Loan”) to TFA on any Business Day during the Tranche C Availability Period of such Tranche C Lender, in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s Tranche C Commitment; provided, however, that after giving effect to any Committed Borrowing made by the Tranche C Lenders, (i) the Total Outstandings applicable to TFA shall not exceed the Aggregate Tranche C Commitments, and (ii) the aggregate Outstanding Amount of the Committed Tranche C Loans of any Tranche C Lender plus such Lender’s ratable share of the Outstanding Amount of all Swing Line Loans made to TFA plus, in the case of a Tranche C Lender that is, or has an Affiliate that is, a Swing Line Lender having a Swing Line Commitment in Australian Dollars and without duplication, such Lender’s (or Affiliate’s) Swing Line Loans made to TFA shall not exceed such Lender’s Tranche C Commitment. Within the limits of each Lender’s Tranche C Commitment, and subject to the other terms and conditions hereof, TFA may borrow under this Section 2.1(c), prepay under Section 2.4, and, reborrow under this Section 2.1(c). (d) After giving effect to Committed Loans made pursuant to this Section 2.1, the aggregate Outstanding Amount of all Loans (other than Money Market Loans) made by such Lender or its Affiliates shall not exceed such Lender’s Commitment Cap.

Appears in 1 contract

Samples: Credit Agreement (Hcp, Inc.)

Committed Loans. (a) Subject to the terms and conditions set forth herein, each Tranche A Lender severally agrees to make loans in US Dollars or in one or more Alternative Currencies (each such loan, a “Committed Tranche A Loan”) to the Tranche A Borrowers in Dollars or in Committed Loan Offshore Currencies from time to time, on any Business Day during the Tranche A Availability Period of such Tranche A Lender, in an amount not to exceed the amount of such Lender’s Unused Tranche A Commitment at such time. Within the limits of each Lender’s Unused Tranche A Commitment, and subject to the other terms and conditions hereof, the Tranche A Borrowers may borrow under this Section 2.1(a), prepay under Section 2.4, and reborrow under this Section 2.1(a). Committed Tranche A Loans may be Base Rate Loans or Eurocurrency Rate Loans, as further provided herein. (b) Subject to the terms and conditions set forth herein, each Tranche B Lender severally agrees to make loans to TCCI in US Dollars or in one or more Alternative Currencies, and (i) in the case of a Tranche B Lender willing and able to accept Drafts, to create acceptances (“Bankers’ Acceptances”) by accepting Drafts and to purchase such Bankers’ Acceptances in accordance with Section 2.15(a) and (ii) in the case of a Tranche B Lender which is unwilling or unable to accept Drafts, to purchase completed Drafts, which will not be accepted by the Tranche B Lender or any other Tranche B Lender in accordance with Section 2.15 from time to time, on any Business Day during the Tranche B Availability Period of such Tranche B LenderPeriod, in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s Tranche B Commitment; provided, however, that after giving effect to any Committed Borrowing made by the Tranche B LendersBorrowing, (i) the Total Outstandings applicable to TCCI shall not exceed the Aggregate Tranche B Commitments, and (ii) the aggregate Outstanding Amount of the Committed Tranche B Loans of any Tranche B Lender Lender, plus such Lender’s ratable share 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 made to TCCI Loans, shall not exceed such Lender’s Tranche B Commitment, (iii) the aggregate Outstanding Amount of all Committed Loans and Swing Line Loans outstanding in Offshore Currencies (other than euro) shall not exceed 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 issued or outstanding in Offshore Currencies (other than euro) shall not exceed the Offshore Currency Committed Loan, Swing Line Loan and Letter of Credit Sublimit. Within the limits of each Lender’s Tranche B Commitment, and subject to the other terms and conditions hereof, TCCI the Borrowers may borrow under this Section 2.1(b)2.01, prepay under Section 2.42.06, and, and reborrow under this Section 2.1(b)2.01. Committed Tranche B Loans may be Base Rate Loans, Eurocurrency Loans or Offshore Rate Loans, Canadian Prime Rate Loans, Bankers’ Acceptances or BA Equivalent Notes, as further provided herein. (c) Subject . The initial borrowing from any Lender to a Borrower organized under the terms and conditions set forth herein, each Tranche C Lender severally agrees to make loans in Australian Dollars (each such loan, a “Committed Tranche C Loan”) to TFA on any Business Day during the Tranche C Availability Period of such Tranche C Lender, in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s Tranche C Commitment; provided, however, that after giving effect to any Committed Borrowing made by the Tranche C Lenders, (i) the Total Outstandings applicable to TFA shall not exceed the Aggregate Tranche C Commitments, and (ii) the aggregate Outstanding Amount laws of the Committed Tranche C Loans of any Tranche C Lender plus such Lender’s ratable share of the Outstanding Amount of Netherlands shall at all Swing Line Loans made to TFA plus, in the case of a Tranche C Lender that is, or has an Affiliate that is, a Swing Line Lender having a Swing Line Commitment in Australian Dollars and without duplication, such Lender’s times exceed €100,000 (or Affiliate’s) Swing Line Loans made to TFA shall not exceed such Lender’s Tranche C Commitmentits equivalent in another currency). Within the limits Borrowings, Conversions and Continuations of each Lender’s Tranche C Commitment, and subject to the other terms and conditions hereof, TFA may borrow under this Section 2.1(c), prepay under Section 2.4, and, reborrow under this Section 2.1(c)Committed Loans. (d) After giving effect to Committed Loans made pursuant to this Section 2.1, the aggregate Outstanding Amount of all Loans (other than Money Market Loans) made by such Lender or its Affiliates shall not exceed such Lender’s Commitment Cap.

Appears in 1 contract

Samples: Credit Agreement (Stryker Corp)

Committed Loans. (a) Subject to the terms and conditions set forth herein, each Tranche A Lender severally agrees to make loans (each a “Committed Loan”) to the Borrowers in US Dollars or in one or more Alternative Currencies (each such loan, a “Committed Tranche A Loan”) to the Tranche A Borrowers from time to time, on any Business Day during the Tranche A Availability Period of such Tranche A Lender, in an amount not to exceed the amount of such Lender’s Unused Tranche A Commitment at such time. Within the limits of each Lender’s Unused Tranche A Commitment, and subject to the other terms and conditions hereof, the Tranche A Borrowers may borrow under this Section 2.1(a), prepay under Section 2.4, and reborrow under this Section 2.1(a). Committed Tranche A Loans may be Base Rate Loans or Eurocurrency Rate Loans, as further provided herein. (b) Subject to the terms and conditions set forth herein, each Tranche B Lender severally agrees to make loans to TCCI in US Dollars or in one or more Alternative Currencies, and (i) in the case of a Tranche B Lender willing and able to accept Drafts, to create acceptances (“Bankers’ Acceptances”) by accepting Drafts and to purchase such Bankers’ Acceptances in accordance with Section 2.15(a) and (ii) in the case of a Tranche B Lender which is unwilling or unable to accept Drafts, to purchase completed Drafts, which will not be accepted by the Tranche B Lender or any other Tranche B Lender in accordance with Section 2.15 from time to time, on any Business Day during the Tranche B Availability Period of such Tranche B LenderPeriod, in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s Tranche B Commitment; provided, however, that after giving effect to any Committed Borrowing made by the Tranche B LendersBorrowing, (i) the Total Outstandings applicable to TCCI shall not exceed the Aggregate Tranche B Commitments, and (ii) the aggregate Outstanding Amount of the Committed Tranche B Loans of any Tranche B Lender Lender, plus such Lender’s ratable share 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 made to TCCI shall not exceed such Lender’s Tranche B CommitmentCommitment and (iii) the aggregate Outstanding Amount of all Committed Loans and Letters of Credit denominated in Alternative Currencies shall not exceed the Alternative Currency Sublimit. Within the limits of each Lender’s Tranche B Commitment, and subject to the other terms and conditions hereof, TCCI the Borrowers may borrow under this Section 2.1(b)2.01, prepay under Section 2.42.05, and, and reborrow under this Section 2.1(b)2.01. Committed Tranche B Loans may be Base Rate Loans, Loans or Eurocurrency Rate Loans, Canadian Prime Rate Loans, Bankers’ Acceptances or BA Equivalent Notes, 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 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 Funding Affiliate Lender shall be obligated to make such Committed Loan pursuant to the terms hereof or, if it fails to do so, to make such payment to the Administrative Agent 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) Subject 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 terms and conditions set forth herein, each Tranche C Lender severally agrees to make loans in Australian Dollars (each such loan, a “Committed Tranche C Loan”) to TFA on any Business Day during the Tranche C Availability Period of such Tranche C Lender, in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s Tranche C Commitment; provided, however, that after giving effect to any Committed Borrowing made by the Tranche C Lenders, (i) the Total Outstandings applicable to TFA shall not exceed the Aggregate Tranche C Commitmentssame extent, and (ii) the aggregate Outstanding Amount of the Committed Tranche C Loans of any Tranche C Lender plus such Lender’s ratable share of the Outstanding Amount of all Swing Line Loans made to TFA plus, in the case of a Tranche C Lender that is, or has an Affiliate that is, a Swing Line Lender having a Swing Line Commitment in Australian Dollars and without duplicationas if, such Lender’s (or Affiliate’s) Swing Line Loans made to TFA shall not exceed such Lender’s Tranche C Commitment. Within the limits of each Lender’s Tranche C Commitment, and subject to the other terms and conditions hereof, TFA may borrow under this Section 2.1(c), prepay under Section 2.4, and, reborrow under this Section 2.1(c). (d) After giving effect to Committed Loans made pursuant to this Section 2.1, the aggregate Outstanding Amount of all Loans (other than Money Market Loans) Loan were made by such Lender or its Affiliates shall not exceed such Funding Affiliate Lender’s Commitment Cap.

Appears in 1 contract

Samples: Credit Agreement (Stericycle Inc)

Committed Loans. (a) Subject to the terms and conditions set forth herein, each Tranche A Lender severally agrees to make loans in US Dollars or in one or more Alternative Currencies (each such loan, a “Committed Tranche A Loan”) to the Tranche A Borrowers from time to time, on any Business Day during the Tranche A Availability Period of such Tranche A LenderPeriod, in an amount not to exceed the amount of such Lender’s Unused Tranche A Commitment at such time. Within the limits of each Lender’s Unused Tranche A Commitment, and subject to the other terms and conditions hereof, the Tranche A Borrowers may borrow under this Section 2.1(a), prepay under Section 2.4, and and, unless converted to a Term Loan pursuant to Section 2.13(c), reborrow under this Section 2.1(a). Committed Tranche A Loans may be Base Rate Loans or Eurocurrency Rate Loans, as further provided herein. (b) Subject to the terms and conditions set forth herein, each Tranche B Lender severally agrees to make loans to TCCI in US Dollars or in one or more Alternative Currencies, and (i) in the case of a Tranche B Lender willing and able to accept Drafts, to create acceptances (“Bankers’ Acceptances”) by accepting Drafts and to purchase such Bankers’ Acceptances in accordance with Section 2.15(a) and (ii) in the case of a Tranche B Lender which is unwilling or unable to accept Drafts, to purchase completed Drafts, which will not be accepted by the Tranche B Lender or any other Tranche B Lender in accordance with Section 2.15 from time to time, on any Business Day during the Tranche B Availability Period of such Tranche B LenderPeriod, in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s Tranche B Commitment; provided, however, that after giving effect to any Committed Borrowing made by the Tranche B Lenders, , (i) the Total Outstandings applicable to TCCI shall not exceed the Aggregate Tranche B Commitments, and (ii) the aggregate Outstanding Amount of the Committed Tranche B Loans of any Tranche B Lender plus such Lender’s ratable share of the Outstanding Amount of all Swing Line Loans made to TCCI shall not exceed such Lender’s Tranche B Commitment. Within the limits of each Lender’s Tranche B Commitment, and subject to the other terms and conditions hereof, TCCI may borrow under this Section 2.1(b), prepay under Section 2.4, and, unless converted to a Term Loan pursuant to Section 2 .13(c), reborrow under this Section 2.1(b). Committed Tranche B Loans may be Base Rate Loans, Eurocurrency Rate Loans, Canadian Prime Rate Loans, Bankers’ Acceptances or BA Equivalent Notes, as further provided herein. (c) Subject to the terms and conditions set forth herein, each Tranche C Lender severally agrees to make loans in Australian Dollars (each such loan, a “Committed Tranche C Loan”) to TFA on any Business Day during the Tranche C Availability Period of such Tranche C Lender, in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s Tranche C Commitment; provided, however, that after giving effect to any Committed Borrowing made by the Tranche C Lenders, (i) the Total Outstandings applicable to TFA shall not exceed the Aggregate Tranche C Commitments, and (ii) the aggregate Outstanding Amount of the Committed Tranche C Loans of any Tranche C Lender plus such Lender’s ratable share of the Outstanding Amount of all Swing Line Loans made to TFA plus, in the case of a Tranche C Lender that is, or has an Affiliate that is, a Swing Line Lender having a Swing Line Commitment in Australian Dollars and without duplication, such Lender’s (or Affiliate’s) Swing Line Loans made to TFA shall not exceed such Lender’s Tranche C Commitment. Within the limits of each Lender’s Tranche C Commitment, and subject to the other terms and conditions hereof, TFA may borrow under this Section 2.1(c), prepay under Section 2.4, and, reborrow under this Section 2.1(c). (d) After giving effect to Committed Loans made pursuant to this Section 2.1, the aggregate Outstanding Amount of all Loans (other than Money Market Loans) made by such Lender or its Affiliates shall not exceed such Lender’s Commitment Cap.

Appears in 1 contract

Samples: 364 Day Credit Agreement (Toyota Motor Credit Corp)

Committed Loans. (ad) Subject to the terms and conditions set forth herein, each Tranche A 1 Lender severally agrees to make loans (each such loan, a “Tranche 1 Loan”) to the Company, and to any other Borrower designated to receive Tranche 1 Loans hereunder, in US U.S. Dollars or in one or more Alternative Currencies (each such loan, a “Committed Tranche A Loan”) to the Tranche A Borrowers from time to time, on any Business Day during the Tranche A Availability Period of such Tranche A LenderPeriod, in an aggregate amount not to exceed at any time outstanding the amount of such Tranche 1 Lender’s Unused Tranche A Commitment 1 Commitment; provided, however, that after giving effect to any Tranche 1 Borrowing, (i) the Total Tranche 1 Outstandings shall not exceed the Aggregate 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 (i) the availability of the Aggregate Tranche 1 Commitments at any time for the making of any Tranche 1 Loans and the issuance of Letters of Credit shall be reduced by the amount of the Alternative Currency Reserve (if any) applicable to Tranche 1, and (ii) 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 timeEscalating Credits in the aggregate amount equal to the maximum aggregate amount available to be drawn under all such Escalating Credits (after giving effect to all increases). Within the limits of each Tranche 1 Lender’s Unused Tranche A 1 Commitment, and subject to the other terms and conditions hereof, the Tranche A Borrowers may borrow under this Section 2.1(a)2.01, prepay under Section 2.42.05, and reborrow under this Section 2.1(a)2.01. Committed Tranche A 1 Loans may be Base Rate Loans or Eurocurrency Rate Loans, as further provided herein. (b) Subject to the terms and conditions set forth herein, each Tranche B Lender severally agrees to make loans to TCCI in US Dollars or in one or more Alternative Currencies, and (i) in the case of a Tranche B Lender willing and able to accept Drafts, to create acceptances (“Bankers’ Acceptances”) by accepting Drafts and to purchase such Bankers’ Acceptances in accordance with Section 2.15(a) and (ii) in the case of a Tranche B Lender which is unwilling or unable to accept Drafts, to purchase completed Drafts, which will not be accepted by the Tranche B Lender or any other Tranche B Lender in accordance with Section 2.15 from time to time, on any Business Day during the Tranche B Availability Period of such Tranche B Lender, in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s Tranche B Commitment; provided, however, that after giving effect to any Committed Borrowing made by the Tranche B Lenders, (i) the Total Outstandings applicable to TCCI shall not exceed the Aggregate Tranche B Commitments, and (ii) the aggregate Outstanding Amount of the Committed Tranche B Loans of any Tranche B Lender plus such Lender’s ratable share of the Outstanding Amount of all Swing Line Loans made to TCCI shall not exceed such Lender’s Tranche B Commitment. Within the limits of each Lender’s Tranche B Commitment, and subject to the other terms and conditions hereof, TCCI may borrow under this Section 2.1(b), prepay under Section 2.4, and, reborrow under this Section 2.1(b). Committed Tranche B Loans may be Base Rate Loans, Eurocurrency Rate Loans, Canadian Prime Rate Loans, Bankers’ Acceptances or BA Equivalent Notes, as further provided herein. (c) Subject to the terms and conditions set forth herein, each Tranche C Lender severally agrees to make loans in Australian Dollars (each such loan, a “Committed Tranche C Loan”) to TFA on any Business Day during the Tranche C Availability Period of such Tranche C Lender, in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s Tranche C Commitment; provided, however, that after giving effect to any Committed Borrowing made by the Tranche C Lenders, (i) the Total Outstandings applicable to TFA shall not exceed the Aggregate Tranche C Commitments, and (ii) the aggregate Outstanding Amount of the Committed Tranche C Loans of any Tranche C Lender plus such Lender’s ratable share of the Outstanding Amount of all Swing Line Loans made to TFA plus, in the case of a Tranche C Lender that is, or has an Affiliate that is, a Swing Line Lender having a Swing Line Commitment in Australian Dollars and without duplication, such Lender’s (or Affiliate’s) Swing Line Loans made to TFA shall not exceed such Lender’s Tranche C Commitment. Within the limits of each Lender’s Tranche C Commitment, and subject to the other terms and conditions hereof, TFA may borrow under this Section 2.1(c), prepay under Section 2.4, and, reborrow under this Section 2.1(c). (d) After giving effect to Committed Loans made pursuant to this Section 2.1, the aggregate Outstanding Amount of all Loans (other than Money Market Loans) made by such Lender or its Affiliates shall not exceed such Lender’s Commitment Cap.

Appears in 1 contract

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

Committed Loans. (a) Subject to the terms and conditions set forth herein, each Tranche A Lender severally agrees to make loans in US Dollars or in one or more Alternative Currencies (each such loan, a “Committed Tranche A Loan”) to the Tranche A Borrowers Borrower from time to time, on any Business Day during the Tranche A Availability Period of such Tranche A Lender, in an amount not to exceed the amount of such Lender’s Unused Tranche A Commitment at such time. Within the limits of each Lender’s Unused Tranche A Commitment, and subject to the other terms and conditions hereof, the Tranche A Borrowers may borrow under this Section 2.1(a), prepay under Section 2.4, and reborrow under this Section 2.1(a). Committed Tranche A Loans may be Base Rate Loans or Eurocurrency Rate Loans, as further provided herein. (b) Subject to the terms and conditions set forth herein, each Tranche B Lender severally agrees to make loans to TCCI in US Dollars or in one or more Alternative Currencies, and (i) in the case of a Tranche B Lender willing and able to accept Drafts, to create acceptances (“Bankers’ Acceptances”) by accepting Drafts and to purchase such Bankers’ Acceptances in accordance with Section 2.15(a) and (ii) in the case of a Tranche B Lender which is unwilling or unable to accept Drafts, to purchase completed Drafts, which will not be accepted by the Tranche B Lender or any other Tranche B Lender in accordance with Section 2.15 from time to time, on any Business Day during the Tranche B Availability Period of such Tranche B LenderPeriod, in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s Tranche B Commitment; provided, however, that after giving effect to any Committed Borrowing made by the Tranche B LendersBorrowing, (i) the Total Outstandings applicable to TCCI shall not exceed the Aggregate Tranche B Commitments, and (ii) the aggregate Outstanding Amount of the Committed Tranche B Loans of any Tranche B Lender Lender, plus such Lender’s ratable share 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 made to TCCI shall not exceed such Lender’s Tranche B 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 (x) the Aggregate Commitments hereunder and (y) the “Aggregate Commitments” as defined in the 364-Day Credit Agreement. Within the limits of each Lender’s Tranche B Commitment, and subject to the other terms and conditions hereof, TCCI the Borrower may borrow under this Section 2.1(b)2.01, prepay under Section 2.42.06, and, and reborrow under this Section 2.1(b)2.01. At the option of the Borrower, Committed Tranche B Loans may be Base Rate Loans, Eurocurrency Loans or Eurodollar Rate Loans, Canadian Prime Rate Loans, Bankers’ Acceptances or BA Equivalent Notes, as further provided herein. (c) Subject to the terms and conditions set forth herein, each Tranche C Lender severally agrees to make loans in Australian Dollars (each such loan, a “Committed Tranche C Loan”) to TFA on any Business Day during the Tranche C Availability Period of such Tranche C Lender, in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s Tranche C Commitment; provided, however, that after giving effect to any Committed Borrowing made by the Tranche C Lenders, (i) the Total Outstandings applicable to TFA shall not exceed the Aggregate Tranche C Commitments, and (ii) the aggregate Outstanding Amount of the Committed Tranche C Loans of any Tranche C Lender plus such Lender’s ratable share of the Outstanding Amount of all Swing Line Loans made to TFA plus, in the case of a Tranche C Lender that is, or has an Affiliate that is, a Swing Line Lender having a Swing Line Commitment in Australian Dollars and without duplication, such Lender’s (or Affiliate’s) Swing Line Loans made to TFA shall not exceed such Lender’s Tranche C Commitment. Within the limits of each Lender’s Tranche C Commitment, and subject to the other terms and conditions hereof, TFA may borrow under this Section 2.1(c), prepay under Section 2.4, and, reborrow under this Section 2.1(c). (d) After giving effect to Committed Loans made pursuant to this Section 2.1, the aggregate Outstanding Amount of all Loans (other than Money Market Loans) made by such Lender or its Affiliates shall not exceed such Lender’s Commitment Cap.

Appears in 1 contract

Samples: Credit Agreement (Anthem 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 (a) 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 Tranche A Lender severally agrees to make loans in US Dollars or in one or more Alternative Currencies (each such loan, a “Committed Tranche A Loan”) to the Tranche A Borrowers in Dollars or in Committed Loan Offshore Currencies from time to time, on any Business Day during the Tranche A Availability Period of such Tranche A Lender, in an amount not to exceed the amount of such Lender’s Unused Tranche A Commitment at such time. Within the limits of each Lender’s Unused Tranche A Commitment, and subject to the other terms and conditions hereof, the Tranche A Borrowers may borrow under this Section 2.1(a), prepay under Section 2.4, and reborrow under this Section 2.1(a). Committed Tranche A Loans may be Base Rate Loans or Eurocurrency Rate Loans, as further provided herein. (b) Subject to the terms and conditions set forth herein, each Tranche B Lender severally agrees to make loans to TCCI in US Dollars or in one or more Alternative Currencies, and (i) in the case of a Tranche B Lender willing and able to accept Drafts, to create acceptances (“Bankers’ Acceptances”) by accepting Drafts and to purchase such Bankers’ Acceptances in accordance with Section 2.15(a) and (ii) in the case of a Tranche B Lender which is unwilling or unable to accept Drafts, to purchase completed Drafts, which will not be accepted by the Tranche B Lender or any other Tranche B Lender in accordance with Section 2.15 from time to time, on any Business Day during the Tranche B Availability Period of such Tranche B LenderPeriod, in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s Tranche B Commitment; provided, however, that after giving effect to any Committed Borrowing made by the Tranche B LendersBorrowing, (i) the Total Outstandings applicable to TCCI shall not exceed the Aggregate Tranche B Commitments, and (ii) the aggregate Outstanding Amount of the Committed Tranche B Loans of any Tranche B Lender Lender, plus such Lender’s ratable share 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 made to TCCI Loans, shall not exceed such Lender’s Tranche B Commitment, (iii) the aggregate Outstanding Amount of all Committed Loans and Swing Line Loans outstanding in Offshore Currencies (other than euro) shall not exceed 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 issued or outstanding in Offshore Currencies (other than euro) shall not exceed the Offshore Currency Committed Loan, Swing Line Loan and Letter of Credit Sublimit. Within the limits of each Lender’s Tranche B Commitment, and subject to the other terms and conditions hereof, TCCI the Borrowers may borrow under this Section 2.1(b)2.01, prepay under Section 2.42.06, and, and reborrow under this Section 2.1(b)2.01. Committed Tranche B Loans may be Base Rate Loans, Eurocurrency Loans or Offshore Rate Loans, Canadian Prime Rate Loans, Bankers’ Acceptances or BA Equivalent Notes, as further provided herein. (c) Subject . The initial borrowing from any Lender to a Borrower organized under the terms and conditions set forth herein, each Tranche C Lender severally agrees to make loans in Australian Dollars (each such loan, a “Committed Tranche C Loan”) to TFA on any Business Day during the Tranche C Availability Period of such Tranche C Lender, in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s Tranche C Commitment; provided, however, that after giving effect to any Committed Borrowing made by the Tranche C Lenders, (i) the Total Outstandings applicable to TFA shall not exceed the Aggregate Tranche C Commitments, and (ii) the aggregate Outstanding Amount laws of the Committed Tranche C Loans of any Tranche C Lender plus such Lender’s ratable share of the Outstanding Amount of Netherlands shall at all Swing Line Loans made to TFA plus, in the case of a Tranche C Lender that is, or has an Affiliate that is, a Swing Line Lender having a Swing Line Commitment in Australian Dollars and without duplication, such Lender’s times exceed €100,000 (or Affiliate’s) Swing Line Loans made to TFA shall not exceed such Lender’s Tranche C Commitment. Within the limits of each Lender’s Tranche C Commitment, and subject to the other terms and conditions hereof, TFA may borrow under this Section 2.1(c), prepay under Section 2.4, and, reborrow under this Section 2.1(cits equivalent in another currency). (d) After giving effect to Committed Loans made pursuant to this Section 2.1, the aggregate Outstanding Amount of all Loans (other than Money Market Loans) made by such Lender or its Affiliates shall not exceed such Lender’s Commitment Cap.

Appears in 1 contract

Samples: Credit Agreement (Stryker Corp)

Committed Loans. (a) Subject to the terms and conditions set forth herein, each Tranche A Lender severally agrees to make loans in US Dollars or in one or more Alternative Currencies (each such loan, a “Committed Tranche A Loan”) to the Tranche A Borrowers from time to time, on any Business Day during the Tranche A Availability Period of such Tranche A Lender, in an amount not to exceed the amount of such Lender’s Unused Tranche A Commitment at such time. Within the limits of each Lender’s Unused Tranche A Commitment, and subject to the other terms and conditions hereof, the Tranche A Borrowers may borrow under this Section 2.1(a), prepay under Section 2.4, and reborrow under this Section 2.1(a). Committed Tranche A Loans may be Base Rate Loans or Eurocurrency Rate Loans, as further provided herein. (b) Subject to the terms and conditions set forth herein, each Tranche B Lender severally agrees to make loans to TCCI in US Dollars or in one or more Alternative CurrenciesCurrencies (each such loan, and (i) in the case of a “Committed Tranche B Lender willing and able to accept Drafts, to create acceptances (“Bankers’ AcceptancesLoan) by accepting Drafts and to purchase such Bankers’ Acceptances in accordance with Section 2.15(a) and (ii) in the case of a Tranche B Lender which is unwilling or unable to accept Drafts, to purchase completed Drafts, which will not be accepted by the Tranche B Lender or any other Tranche B Lender in accordance with Section 2.15 from time to time), on any Business Day during the Tranche B Availability Period of such Tranche B Lender, in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s Tranche B Commitment; provided, however, that after giving effect to any Committed Borrowing made by the Tranche B Lenders, (i) the Total Outstandings applicable to TCCI shall not exceed the Aggregate Tranche B Commitments, and (ii) the aggregate Outstanding Amount of the Committed Tranche B Loans of any Tranche B Lender plus such Lender’s ratable share of the Outstanding Amount of all Swing Line Loans made to TCCI shall not exceed such Lender’s Tranche B Commitment. Within the limits of each Lender’s Tranche B Commitment, and subject to the other terms and conditions hereof, TCCI may borrow under this Section 2.1(b), prepay under Section 2.4, and, reborrow under this this Section 2.1(b2.1 (b). Committed Tranche B Loans may be Base Rate Loans, Eurocurrency Rate Loans, Loans or Canadian Prime Rate Loans, Bankers’ Acceptances or BA Equivalent Notes, as further provided herein. (c) Subject to the terms and conditions set forth herein, each Tranche C Lender severally agrees to make loans in Australian Dollars (each such loan, a “Committed Tranche C Loan”) to TFA on any Business Day during the Tranche C Availability Period of such Tranche C Lender, in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s Tranche C Commitment; provided, however, that after giving effect to any Committed Borrowing made by the Tranche C Lenders, (i) the Total Outstandings applicable to TFA shall not exceed the Aggregate Tranche C Commitments, and (ii) the aggregate Outstanding Amount of the Committed Tranche C Loans of any Tranche C Lender plus such Lender’s ratable share of the Outstanding Amount of all Swing Line Loans made to TFA plus, in the case of a Tranche C Lender that is, or has an Affiliate that is, a Swing Line Lender having a Swing Line Commitment in Australian Dollars and without duplication, such Lender’s (or Affiliate’s) Swing Line Loans made to TFA shall not exceed such Lender’s Tranche C Commitment. Within the limits of each Lender’s Tranche C Commitment, and subject to the other terms and conditions hereof, TFA may borrow under this Section 2.1(c), prepay under Section 2.4, and, reborrow under this Section 2.1(c). (d) After giving effect to Committed Loans made pursuant to this Section 2.1, the aggregate Outstanding Amount of all Loans (other than Money Market Loans) made by such Lender or its Affiliates shall not exceed such Lender’s Commitment Cap.

Appears in 1 contract

Samples: Credit Agreement (Toyota Motor Credit Corp)

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