Currency Fluctuations. (a) Not later than 1:00 p.m. (Hartford, Connecticut time) on the last Business Day of each calendar month or, in the event that the Exchange Rate fluctuates in excess of 10% during such calendar month, any other Business Day (up to one additional time per month with respect to Pounds Sterling or Euros, as the case may be) in the discretion of the Administrative Agent (the "CALCULATION DATE"), the Administrative Agent shall determine the Exchange Rate as of such date. The Exchange Rate so determined shall become effective on the first Business Day immediately following such determination (a "RESET DATE") and shall remain effective until the next succeeding Reset Date. Nothing contained in this Section 4.14 shall be construed to require the Administrative Agent to calculate compliance under this Section 4.14 more frequently than once each month. -77- (b) Not later than 4:00 p.m. (Hartford time) on each Reset Date, the Administrative Agent shall determine the Dollar Equivalent of the Revolving Credit Loans advanced to each of the Foreign Borrowers and the Maximum Drawing Amount and all Unpaid Reimbursement Obligations with respect to Letters of Credit issued for the account of such Borrower. (c) If, on any Reset Date, (A) the Dollar Equivalent of the U.K. Exposure exceeds the U.K. Borrowing Base or (B) (ii) the Dollar Equivalent of the aggregate outstanding amount of Base Rate Loans advanced to the U.K. Borrower exceeds the Overdraft Facility Sublimit (in each case, the amount of such excess referred to herein as the "U.K. EXCESS AMOUNT") by more than one percent (1%) of the amount of the U.K. Borrowing Base or the Overdraft Facility Sublimit, as the case may be, then (A) the Administrative Agent shall give notice thereof to the U.K. Borrower, the Fronting Bank and the applicable Lenders and (B) within two (2) Business Days thereafter, the U.K. Borrower shall repay or prepay such Revolving Credit Loans and Unpaid Reimbursement Obligations and provide cash collateral for such Maximum Drawing Amounts in accordance with this Credit Agreement in an aggregate principal amount such that, after giving effect thereto, the U.K. Exposure no longer exceeds the U.K. Borrowing Base or the Overdraft Facility Sublimit, as applicable. (d) If, on any Reset Date, the Austrian Exposure exceeds the Austrian Borrowing Base (the amount of such excess referred to herein as the "AUSTRIAN EXCESS AMOUNT") by more than one percent (1%) of the amount of the Austrian Borrowing Base, then (A) the Administrative Agent shall give notice thereof to the Austrian Borrower, the Fronting Bank and the Lenders and (B) within two (2) Business Days thereafter, the Austrian Borrower shall repay or prepay such Revolving Credit Loans and Unpaid Reimbursement Obligations and provide cash collateral for such Maximum Drawing Amounts in accordance with this Credit Agreement in an aggregate principal amount such that, after giving effect thereto, the Austrian Exposure no longer exceeds the Austrian Borrowing Base. (e) If, on any Reset Date, the German Exposure exceeds the German Borrowing Base (the amount of such excess referred to herein as the "GERMAN EXCESS AMOUNT") by more than one percent (1%) of the amount of the German Borrowing Base, then (A) the Administrative Agent shall give notice thereof to the German Borrower, the Fronting Bank and the Lenders and (B) within two (2) Business Days thereafter, the German Borrower shall repay or prepay such Revolving Credit Loans and Unpaid Reimbursement Obligations and provide cash collateral for such Maximum Drawing Amounts in accordance with this Credit Agreement in an aggregate principal amount such that, after giving effect thereto, the German Exposure no longer exceeds the German Borrowing Base.
Appears in 1 contract
Currency Fluctuations. (a) Not later than 1:00 p.m. (Hartford, Connecticut Boston time) on the last Business Day of each calendar month or, in the event that the Exchange Rate fluctuates in excess of 10% during such calendar month, any other Business Day (up to one additional time per month with respect to Pounds Sterling or Euros, as the case may be) in the discretion of the Administrative Agent (the "CALCULATION DATECalculation Date"), the Administrative Agent shall determine the Exchange Rate Dollar Equivalent as of such date. The Exchange Rate Dollar Equivalent so determined shall become effective on the first Business Day immediately following such determination (a "RESET DATEReset Date") and shall remain effective until the next succeeding Reset Date. Nothing contained in this Section 4.14 shall be construed to require the Administrative Agent to calculate compliance under this Section 4.14 more frequently than once each month. -77-.
(b) Not later than 4:00 p.m. (Hartford time) on each Reset Date, the Administrative Agent shall determine the Dollar Equivalent of the Revolving Credit Loans advanced to each of the Foreign Borrowers and the Maximum Drawing Amount and all Unpaid Reimbursement Obligations with respect to Letters of Credit issued for the account of such Borrower.
(c) If, on any Reset Date and on the Revolving Credit Loan Maturity Date, the aggregate outstanding amount (Aexpressed in Dollars) of all Revolving Credit Loans, the Dollar Equivalent sum of the U.K. Exposure Maximum Drawing Amount on such date and all Unpaid Reimbursement Obligations on such date, exceeds the U.K. Borrowing Base or lesser of (Bi) Total Commitment and (ii) the Dollar Equivalent of the aggregate outstanding amount of Base Rate Loans advanced to the U.K. Borrower exceeds the Overdraft Facility Sublimit (in each case, the amount of such excess referred to herein as the "U.K. EXCESS AMOUNT") by more than one percent (1%) of the amount of the U.K. Borrowing Base or the Overdraft Facility Sublimit, as the case may beBase, then (Ai) the Administrative Agent shall give notice thereof to the U.K. Borrower, the Fronting Bank Borrower and the applicable Lenders Banks and (Bii) within two (2) Business Days thereafter, the U.K. Borrower shall repay or prepay such the Revolving Credit Loans and Unpaid Reimbursement Obligations and provide cash collateral for such Maximum Drawing Amounts in accordance with this Credit Agreement in an aggregate principal amount such that, after giving effect thereto, the U.K. Exposure aggregate outstanding amount (expressed in Dollars) of all Revolving Credit Loans and the sum of the Maximum Drawing Amount on such date and all Unpaid Reimbursement Obligations on such date, no longer exceeds the U.K. lesser of (i) the Total Commitment (expressed in Dollars) and (ii) the Borrowing Base.
(c) Without limiting subsection Section 6.2.3.2(b), if, on any day prior to the Revolving Credit Loan Maturity Date, the aggregate outstanding amount (expressed in Dollars) of all Revolving Credit Loans and the sum of the Maximum Drawing Amount on such date and all Unpaid Reimbursement Obligations on such date, exceeds the lesser of (i) the Total Commitment and (ii) the Borrowing Base or the Overdraft Facility Sublimit, as applicable.
(d) If, on any Reset Date, the Austrian Exposure exceeds the Austrian Borrowing Base (the amount of such excess referred to herein as the "AUSTRIAN EXCESS AMOUNT") by more than one percent (1%) of the amount of the Austrian Borrowing Basemore, then (Ai) the Administrative Agent shall give notice thereof to the Austrian Borrower, the Fronting Bank Borrower and the Lenders Banks and (Bii) within two (2) Business Days thereafter, the Austrian Borrower shall immediately repay or prepay such the Revolving Credit Loans and Unpaid Reimbursement Obligations and provide cash collateral for such Maximum Drawing Amounts in accordance with this Credit Agreement in an aggregate principal amount such that, after giving effect thereto, the Austrian Exposure aggregate outstanding amount (expressed in Dollars) of all Revolving Credit Loans and the sum of the Maximum Drawing Amount on such date and all Unpaid Reimbursement Obligations on such date, no longer exceeds the Austrian lesser of (i) the Total Commitment (expressed in Dollars) and (ii) the Borrowing Base. Nothing set forth in this Section 6.2.3.2 shall be construed to require the Agent to calculate daily compliance under this Section 6.2.3.2 unless expressly requested to do so by a Bank.
(ed) If, If on any Reset Date, the German Exposure exceeds the German Borrowing Base (the amount of such excess referred to herein as the "GERMAN EXCESS AMOUNT") by more than one percent (1%) sum of the amount of the German Borrowing Base, then (A) the Administrative Agent shall give notice thereof to the German Borrower, the Fronting Bank Maximum Drawing Amount on such date and the Lenders and (B) within two (2) Business Days thereafter, the German Borrower shall repay or prepay such Revolving Credit Loans and all Unpaid Reimbursement Obligations and on such date (expressed in Dollars) exceeds the Letter of Credit sublimit set forth in Section 4.1 (expressed in Dollars), then the Borrower shall immediately upon demand provide cash collateral for such Maximum Drawing Amounts in accordance with this Credit Agreement in an aggregate principal amount to the Agent such that, after giving effect thereto, the German Exposure aggregate outstanding amount of the sum of the Maximum Drawing Amount on such date and all Unpaid Reimbursement Obligations on such date (expressed in Dollars) no longer exceeds exceed the German Borrowing BaseLetter of Credit sublimit set forth in Section 4.1.
Appears in 1 contract
Samples: Revolving Credit and Term Loan Agreement (Western Digital Corp)
Currency Fluctuations. (a) Not later than 1:00 p.m. (Hartford, Connecticut Eastern time) on the last Business Day of each calendar month or, in the event that the Exchange Rate fluctuates in excess of 10% during such calendar month, any other Business Day (up to one additional time per month with respect to Pounds Sterling Letters of Credit and on the last day of each Interest Period with respect to Revolving Credit Loans or EurosLast Out Revolving Loans (in each case, the "Calculation Date"), and at such other times as the case may be) in the discretion of shall be determined by the Administrative Agent (the "CALCULATION DATE")in its sole discretion, the Administrative Agent shall determine the Exchange Rate Dollar Equivalent as of such datedate of the LC Exposure or, as the case may be, such Loan. The Exchange Rate Dollar Equivalent so determined shall become effective on the first Business Day immediately following such determination (a "RESET DATEReset Date") and shall remain effective until the next succeeding Reset DateDate relating to LC Exposure or, as the case may be, such Loan. Nothing contained in this Section 4.14 shall be construed to require the The Administrative Agent shall use its reasonable efforts to calculate compliance under this Section 4.14 more frequently than once each month. -77-provide the Borrowers with notice of such Reset Date and the Dollar Equivalent determined pursuant to the preceding sentence.
(b) Not later than 4:00 p.m. (Hartford time) If, on each any Reset Date and on the Maturity Date, the Administrative Agent shall determine (i) the Dollar Equivalent of the Total Revolving Credit Facility Usage exceeds the lesser of (x) the Total Commitment at such time or (y) the Aggregate Borrowing Base as then in effect, or (ii) the sum of (A) the Dollar Equivalent of (x) the Co-Borrower Revolving Loans advanced to each outstanding, plus (y) the LC Exposure in respect of the Foreign Borrowers and the Maximum Drawing Amount and all Unpaid Reimbursement Obligations with respect to Letters of Credit issued for the account of the Co-Borrowers, plus (z) the Swingline Loans outstanding, exceeds (B) the lesser of (x) the Total Commitment at such Borrower.
time or (cy) Ifthe Domestic Borrowing Base as then in effect, on any Reset Date, or (Aiii) the Dollar Equivalent of the U.K. sum of the UK Loans, the Irish Loans and the Australian Loans and the Dollar Equivalent of the LC Exposure in respect of Letters of Credit issued for the accounts of the UK Borrower, the Irish Borrower and/or the Australian Borrower exceeds the U.K. Borrowing Base Foreign Sublimit or (B) (iiiv) the Dollar Equivalent of the aggregate all outstanding amount of Base Rate Last Out Revolving Loans advanced to the U.K. Borrower exceeds the Overdraft Facility Sublimit (in each case, the amount lesser of such excess referred to herein as the "U.K. EXCESS AMOUNT") by more than one percent (1%) of the amount of the U.K. Borrowing Base or the Overdraft Facility Sublimit, as the case may be, then (A) the Administrative Agent shall give notice thereof to the U.K. Borrower, the Fronting Bank and the applicable Lenders and Total Last Out Revolving Commitment at such time or (B) within two the Incremental Availability at such time, in each case for three (23) or more consecutive Business Days thereafter(but not in the case of the Maturity Date), then the U.K. Borrower applicable Borrowers shall repay or prepay such Revolving Credit the relevant Loans and Unpaid Reimbursement Obligations and provide cash collateral for such Maximum Drawing Amounts in accordance with this Credit Agreement within five (5) Business Days from such third consecutive Business Day (or on the Maturity Date, as applicable) in an aggregate principal amount such that, after giving effect thereto, (i) the U.K. Exposure Total Revolving Facility Usage (expressed in Dollars) no longer exceeds the U.K. lesser of (x) the Total Commitment (expressed in Dollars) or (y) the Aggregate Borrowing Base or as then in effect (expressed in Dollars) or, as the Overdraft Facility case may be, the Foreign Sublimit, as applicable.
(dii) If, on any Reset Date, the Austrian Exposure exceeds the Austrian Borrowing Base (the amount sum of such excess referred to herein as the "AUSTRIAN EXCESS AMOUNT") by more than one percent (1%) of the amount of the Austrian Borrowing Base, then (A) the Administrative Agent shall give notice thereof to Dollar Equivalent of (x) the Austrian Co-Borrower Revolving Loans outstanding, plus (y) the LC Exposure in respect of Letters of Credit issued for the account of the Co-Borrowers, plus (z) the Swingline Loans outstanding, no longer exceeds (B) the lesser of (x) the Total Commitment at such time or (y) the Domestic Borrowing Base as then in effect, (iii) the Dollar Equivalent of the sum of the UK Loans, the Irish Loans and the Australian Loans and the Dollar Equivalent of the LC Exposure in respect of Letters of Credit issued for the accounts of the UK Borrower, the Fronting Bank and Irish Borrower and/or the Lenders and (B) within two (2) Business Days thereafter, the Austrian Australian Borrower shall repay or prepay such Revolving Credit Loans and Unpaid Reimbursement Obligations and provide cash collateral for such Maximum Drawing Amounts in accordance with this Credit Agreement in an aggregate principal amount such that, after giving effect thereto, the Austrian Exposure no longer exceeds the Austrian Borrowing Base.
Foreign Sublimit and (eiv) If, on any Reset Date, the German Exposure Dollar Equivalent of all outstanding Last Out Revolving Loans no longer exceeds the German Borrowing Base (the amount lesser of such excess referred to herein as the "GERMAN EXCESS AMOUNT") by more than one percent (1%) of the amount of the German Borrowing Base, then (A) the Administrative Agent shall give notice thereof to the German Borrower, the Fronting Bank and the Lenders and Total Last Out Revolving Commitment at such time or (B) within two (2) Business Days thereafter, the German Borrower shall repay or prepay Incremental Availability at such Revolving Credit Loans and Unpaid Reimbursement Obligations and provide cash collateral for such Maximum Drawing Amounts in accordance with this Credit Agreement in an aggregate principal amount such that, after giving effect thereto, the German Exposure no longer exceeds the German Borrowing Basetime.
Appears in 1 contract
Samples: Multicurrency Revolving Credit Agreement (Borders Group Inc)
Currency Fluctuations. (ai) Not later If on any Computation Date the Revolving Facility Usage is equal to or greater than 1:00 p.m. the Revolving Credit Commitments as a result of a change in exchange rates between one (Hartford1) or more Optional Currencies or Available LC Foreign Currencies and Dollars, Connecticut time) on the last Business Day of each calendar month or, in the event that the Exchange Rate fluctuates in excess of 10% during such calendar month, any other Business Day (up to one additional time per month with respect to Pounds Sterling or Euros, as the case may be) in the discretion of the Administrative Agent (the "CALCULATION DATE"), then the Administrative Agent shall determine notify the Exchange Rate as Borrowing Agent of such datethe same. The Exchange Rate so determined Borrowers shall become effective on pay or prepay the first Loans (subject to Borrowers’ indemnity obligations under Sections 5.8 [Increased Costs] and 5.10 [Indemnity]) within one (1) Business Day immediately following after receiving such determination (a "RESET DATE") and notice such that the Revolving Facility Usage shall remain effective until not exceed the next succeeding Reset Dateaggregate Revolving Credit Commitments after giving effect to such payments or prepayments. Nothing contained in this Section 4.14 shall be construed to require If on any Computation Date the Administrative Agent to calculate compliance under this Section 4.14 more frequently than once each month. -77-
(b) Not later than 4:00 p.m. (Hartford time) on each Reset Date, the Administrative Agent shall determine the aggregate Dollar Equivalent principal amount of the Revolving Credit Loans advanced made to each of the Foreign Borrowers and the Maximum Drawing Amount and all Unpaid Reimbursement Obligations with respect to Letters of Credit issued for the account of such Borrower.
(c) If, on any Reset Date, (A) the Dollar Equivalent Foreign Borrowers is equal to or greater than the Foreign Borrower Sublimit as a result of the U.K. Exposure exceeds the U.K. Borrowing Base or (B) (ii) the Dollar Equivalent of the aggregate outstanding amount of Base Rate Loans advanced to the U.K. Borrower exceeds the Overdraft Facility Sublimit (a change in each case, the amount of such excess referred to herein as the "U.K. EXCESS AMOUNT") by more than exchange rates between one percent (1%) of the amount of the U.K. Borrowing Base or the Overdraft Facility Sublimit, as the case may bemore Optional Currencies or Available LC Foreign Currencies and Dollars, then (A) the Administrative Agent shall give notice thereof notify the Borrowing Agent of the same. The Foreign Borrowers shall pay or prepay the Loans (subject to the U.K. Borrower, the Fronting Bank Borrowers’ indemnity obligations under Sections 5.8 [Increased Costs] and the applicable Lenders and (B5.10 [Indemnity]) within two one (21) Business Days thereafter, Day after receiving such notice such that the U.K. Borrower shall repay or prepay such aggregate Dollar Equivalent principal amount of Revolving Credit Loans made to and Unpaid Reimbursement Obligations and provide cash collateral Letters of Credit issued for such Maximum Drawing Amounts in accordance with this Credit Agreement in an aggregate principal amount such that, the account of the Foreign Borrowers shall not exceed the Foreign Borrower Sublimit after giving effect thereto, the U.K. Exposure no longer exceeds the U.K. Borrowing Base to such payments or the Overdraft Facility Sublimit, as applicable.prepayments;
(di) IfAll prepayments required pursuant to this Section 5.7 shall, on any Reset Dateto the extent consistent with which Borrower(s) are prepaying such Loans, first be applied among the Austrian Exposure exceeds Interest Rate Options to the Austrian Borrowing Base (the amount of such excess referred to herein as the "AUSTRIAN EXCESS AMOUNT") by more than one percent (1%) of the principal amount of the Austrian Borrowing BaseLoans subject to the Base Rate Option, then (A) the Administrative Agent shall give notice thereof to Loans denominated in Dollars and subject to a Euro-Rate Option, then to the Austrian BorrowerOptional Currency Loans, with payment on Euro-Rate Loans being applied in the direct order of maturity. In accordance with Section 5.10 [Indemnity], the Fronting Bank and Borrowers shall indemnify the Lenders and (B) within two (2) Business Days thereafterfor any loss or expense, the Austrian Borrower shall repay or prepay excluding loss of margin, incurred with respect to any such Revolving Credit prepayments applied against Loans and Unpaid Reimbursement Obligations and provide cash collateral for such Maximum Drawing Amounts in accordance with this Credit Agreement in an aggregate principal amount such that, after giving effect thereto, the Austrian Exposure no longer exceeds the Austrian Borrowing Base.
(e) If, subject to a Euro-Rate Option on any Reset Date, day other than the German Exposure exceeds the German Borrowing Base (the amount of such excess referred to herein as the "GERMAN EXCESS AMOUNT") by more than one percent (1%) last day of the amount of the German Borrowing Base, then (A) the Administrative Agent shall give notice thereof to the German Borrower, the Fronting Bank and the Lenders and (B) within two (2) Business Days thereafter, the German Borrower shall repay or prepay such Revolving Credit Loans and Unpaid Reimbursement Obligations and provide cash collateral for such Maximum Drawing Amounts in accordance with this Credit Agreement in an aggregate principal amount such that, after giving effect thereto, the German Exposure no longer exceeds the German Borrowing Baseapplicable Interest Period.
Appears in 1 contract
Currency Fluctuations. (a) Not later than 1:00 p.m. 11:00 a.m. (Hartford, Connecticut Boston time) on the last Business Day of each calendar month or, in the event that the Exchange Rate fluctuates in excess of 10% during such calendar month, any other Business Day (up to one additional time per month with respect to Pounds Sterling or Euros, as the case may be) in the discretion of the Administrative Agent (the "CALCULATION DATECalculation Date"), the Administrative Agent shall determine the Exchange Rate Dollar Equivalent as of such date. The Exchange Rate Dollar Equivalent so determined shall become effective on the first Business Day immediately following such determination (a "RESET DATEReset Date") and shall remain effective until the next succeeding Reset Date. Nothing contained in this Section 4.14 shall be construed to require the Administrative Agent to calculate compliance under this Section 4.14 more frequently than once each month. -77-.
(b) Not later than 4:00 p.m. (Hartford time) If, on each any Reset Date, Date and on the Administrative Agent shall determine Revolving Credit Loan Maturity Date the Dollar Equivalent of the aggregate outstanding amount of all Revolving Credit Loans advanced to each of the Foreign Borrowers and Loans, the Maximum Drawing Amount and all Unpaid Reimbursement Obligations with respect exceeds the Total Commitment for three (3) or more consecutive Business Days (but only as to Letters of Credit issued for the account of such Borrower.
(c) If, on any Reset Date, (A) the Dollar Equivalent of the U.K. Exposure exceeds the U.K. Borrowing Base or (B) (ii) the Dollar Equivalent of the aggregate outstanding amount of Base Rate Loans advanced to the U.K. Borrower exceeds the Overdraft Facility Sublimit (in each case, the amount of such excess referred to herein as the "U.K. EXCESS AMOUNT") by more than one percent (1%) of the amount of the U.K. Borrowing Base or the Overdraft Facility Sublimit, as the case may be), then (A) the Administrative Agent shall give notice thereof to the U.K. Borrower, the Fronting Bank and the applicable Lenders and (B) within two (2) Business Days thereafter, the U.K. Borrower shall repay or prepay such the Revolving Credit Loans and Unpaid Reimbursement Obligations and provide cash collateral for such Maximum Drawing Amounts in accordance with this Credit Agreement in an aggregate principal amount such that, after giving effect thereto, the U.K. Exposure aggregate outstanding amount (expressed in Dollars) of all Revolving Credit Loans plus the Maximum Drawing Amount and all Unpaid Reimbursement Obligations no longer exceeds the U.K. Borrowing Base or the Overdraft Facility Sublimit, as applicableTotal Commitment (expressed in Dollars).
(dc) IfWithout limiting subsection ss.5.12.2(b), if, on any Reset day prior to the Revolving Credit Loan Maturity Date, the Austrian Exposure aggregate outstanding amount (expressed in Dollars) of all Revolving Credit Loans plus the Maximum Drawing Amount plus the Unpaid Reimbursement Obligations exceeds the Austrian Borrowing Base (the amount of such excess referred to herein as the "AUSTRIAN EXCESS AMOUNT") Total Commitment by more than one five percent (15%) of the amount of the Austrian Borrowing Baseor more, then (Ax) the Administrative Agent shall give notice thereof to the Austrian Borrower, the Fronting Bank Borrower and the Lenders Banks and (By) within two (2) Business Days thereafter, the Austrian Borrower shall repay or prepay such the Revolving Credit Loans and Unpaid Reimbursement Obligations and provide cash collateral for such Maximum Drawing Amounts in accordance with this Credit Agreement in an aggregate principal amount such that, after giving effect thereto, the Austrian Exposure aggregate outstanding amount (expressed in Dollars) of all Revolving Credit Loans plus the Maximum Drawing Amount and all Unpaid Reimbursement Obligations no longer exceeds the Austrian Borrowing BaseTotal Commitment (expressed in Dollars). Nothing set forth in this ss.5.
(e) If, on any Reset Date, the German Exposure exceeds the German Borrowing Base (the amount of such excess referred to herein as the "GERMAN EXCESS AMOUNT") by more than one percent (1%) of the amount of the German Borrowing Base, then (A) the Administrative Agent shall give notice thereof to the German Borrower, the Fronting Bank and the Lenders and (B) within two (2) Business Days thereafter, the German Borrower shall repay or prepay such Revolving Credit Loans and Unpaid Reimbursement Obligations and provide cash collateral for such Maximum Drawing Amounts in accordance with this Credit Agreement in an aggregate principal amount such that, after giving effect thereto, the German Exposure no longer exceeds the German Borrowing Base.
Appears in 1 contract
Currency Fluctuations. (a) Not later than 1:00 p.m. P.M. (HartfordPhiladelphia, Connecticut Pennsylvania time) on the last Business Day of each calendar month or, in the event that the Exchange Rate fluctuates in excess of 10% during such calendar month, any other Business Day (up to one additional time per month with respect to Pounds Sterling or Euros, as the case may be) in the discretion of the Administrative Agent (the "CALCULATION DATECalculation Date"), the Administrative Agent shall determine the Exchange Rate as of such date. The Exchange Rate so determined shall become effective on the first Business Day immediately following such determination (a "RESET DATEReset Date") and shall remain effective until the next succeeding Reset Date. Nothing contained in this Section 4.14 shall be construed to require the Administrative Agent to calculate compliance under this Section 4.14 more frequently than once each month. -77-.
(b) Not later than 4:00 p.m. P.M. (Hartford Philadelphia, Pennsylvania time) on each Reset Date, the Administrative Agent shall determine the Dollar Equivalent of the Revolving Credit Loans advanced to each of the Foreign Borrowers outstanding Canadian Loans, Canadian Bankers Acceptances (without discount) and the Maximum Drawing Amount and all Unpaid Reimbursement Obligations with respect to Canadian Letters of Credit issued for the account of such Borrowerdenominated in Canadian Dollars.
(c) If, on any Reset Date and on the Term Loan Maturity Date and Revolving Credit Termination Date, (A) the Dollar Equivalent of the U.K. Exposure exceeds the U.K. Borrowing Base or (B) (ii) the Dollar Equivalent of the aggregate outstanding amount (expressed in U.S. Dollars) of Base Rate Loans advanced to all Canadian Loans, Canadian Letter of Credit Obligations and the U.K. Borrower aggregate face amount of all outstanding Canadian Bankers Acceptances (without discount) exceeds the Overdraft Facility sum of the Term Loan Commitments and the Canadian Revolving Credit Sublimit expressed in U.S. Dollars (in each case, the amount of such excess referred to herein as sum being the "U.K. EXCESS AMOUNTMaximum Canadian Exposure") [by more than one percent (1%) of the amount of the U.K. Borrowing Base or the Overdraft Facility Sublimit, as the case may be, $100,000,] then (Ai) the Administrative Agent shall give notice thereof to the U.K. Borrower, the Fronting Bank Canadian Borrower and the applicable Canadian Lenders and (Bii) within two (2) Business Days thereafter, the U.K. Canadian Borrower shall repay or prepay such Revolving Credit Canadian Loans and Unpaid Reimbursement Obligations and provide cash collateral for such Maximum Drawing Amounts in accordance with this Credit Agreement in an aggregate principal amount such that, after giving effect thereto, the U.K. Exposure aggregate outstanding amount (expressed in U.S. Dollars) of all Canadian Loans, Canadian Letter of Credit Obligations and the aggregate face amount (without discount) of all outstanding Canadian Bankers Acceptances no longer exceeds the U.K. Borrowing Base or Maximum Canadian Exposure; provided, that nothing herein shall diminish the Overdraft Facility Sublimit, as applicableCanadian Borrower's obligation to repay in full all Obligations in respect of the Term Loan on the Term Loan Maturity Date and to repay in full all Obligations in respect of the Revolving Credit Loans owed by the Canadian Borrower on the Revolving Credit Termination Date.
(d) IfWithout limiting subsection 2.12(c), if, on any Reset day prior to the Term Loan Maturity Date, the Austrian Exposure aggregate outstanding amount (expressed in U.S. Dollars) of all Canadian Loans, the Canadian Letter of Credit Obligations and the aggregate face amount of all outstanding Canadian Bankers Acceptances (without discount) exceeds the Austrian Borrowing Base (the amount of such excess referred to herein as the "AUSTRIAN EXCESS AMOUNT") Maximum Canadian Exposure by more than one five percent (15%) of the amount of the Austrian Borrowing Baseor more, then (Ai) the Administrative Agent shall give notice thereof to the Austrian Borrower, the Fronting Bank Canadian Borrower and the Canadian Lenders and (Bii) within two (2) Business Days thereafter, the Austrian Canadian Borrower shall repay or prepay such Revolving Credit Canadian Loans and Unpaid Reimbursement Obligations and provide cash collateral for such Maximum Drawing Amounts in accordance with this Credit Agreement in an aggregate principal amount such that, after giving effect thereto, the Austrian Exposure aggregate outstanding amount (expressed in U.S. Dollars) of all Canadian Loans, the Canadian Letter of Credit Obligations and the aggregate face amount of all outstanding Canadian Bankers Acceptances (without discount) no longer exceeds the Austrian Borrowing BaseMaximum Canadian Exposure. Nothing set forth in this Section 2.12 shall be construed to require the Agent to calculate daily compliance under this Section 2.12.
(e) If, on any Reset Date, To the German Exposure exceeds extent the German Borrowing Base (the amount of such excess referred to herein as the "GERMAN EXCESS AMOUNT"repayments and prepayments referenced in Sections 2.12(c) by more than one percent (1%and 2.12(d) of the amount of the German Borrowing Base, then (A) the Administrative Agent shall give notice thereof to the German Borrower, the Fronting Bank and the Lenders and (B) within two (2) Business Days thereafter, the German Borrower shall repay or prepay such Revolving Credit Loans and Unpaid Reimbursement Obligations and provide cash collateral for such Maximum Drawing Amounts in accordance with this Credit Agreement in an aggregate principal amount are such that, after giving effect thereto, the German Exposure no longer Canadian Letter of Credit Obligations and the aggregate face amount of all outstanding Canadian Bankers Acceptances (without discount) still exceeds the German Borrowing BaseMaximum Canadian Exposure (expressed in U.S. Dollars), then the Canadian Borrower shall immediately upon demand provide cash collateral to the Agent required to obtain such results.
Appears in 1 contract
Samples: Revolving Credit Loan and Term Loan Agreement (DRS Technologies Inc)
Currency Fluctuations. (a) Not later than 1:00 p.m. (Hartford, Connecticut Boston time) on the last US Business Day of each calendar month or, in the event that the Exchange Rate fluctuates in excess of 10% during such calendar month, any other Business Day (up to one additional time per month with respect to Pounds Sterling or Euros, as the case may be) in the discretion of the Administrative Agent (the "CALCULATION DATECalculation ----------- Date"), the Administrative Agent shall determine the Exchange Rate Dollar ---- Equivalent as of such datedate of the Outstanding Revolving Credit Loans and Letter of Credit Obligations. The Exchange Rate Dollar Equivalent so determined shall become effective on the first US Business Day immediately following such determination (a "RESET DATEReset Date") ---------- and shall remain effective until the next succeeding Reset Date. Nothing contained in this Section 4.14 shall be construed to require the Administrative Agent to calculate compliance under this Section 4.14 more frequently than once each month. -77-.
(b) Not later than 4:00 p.m. (Hartford time) on each Reset Date, the Administrative Agent shall determine the Dollar Equivalent of the Revolving Credit Loans advanced to each of the Foreign Borrowers and the Maximum Drawing Amount and all Unpaid Reimbursement Obligations with respect to Letters of Credit issued for the account of such Borrower.
(c) If, on any Reset Date and on the Maturity Date, (A) the Dollar Equivalent of the U.K. Exposure all Outstanding Revolving Credit Loans and Letter of Credit Obligations exceeds the U.K. Borrowing Base or (B) (ii) the Dollar Equivalent of the aggregate outstanding amount of Base Rate Loans advanced to the U.K. Borrower exceeds the Overdraft Facility Sublimit (in each case, the amount of such excess referred to herein as the "U.K. EXCESS AMOUNT") Total Commitment by more than one percent (1%) of the amount of the U.K. Borrowing Base or the Overdraft Facility Sublimit, as the case may be$100,000, then (Ai) the Administrative Agent shall give notice thereof to the U.K. Borrower, the Fronting Bank Borrowers and the applicable Lenders Banks and (Bii) within two three (23) US Business Days thereafter, the U.K. Borrower applicable Borrowers shall repay or prepay such Revolving Credit Loans and Unpaid Reimbursement Obligations and provide cash collateral for such Maximum Drawing Amounts in accordance with this Credit Agreement in an aggregate principal amount such that, after giving effect thereto, the U.K. Exposure Dollar Equivalent of the aggregate outstanding amount of all Revolving Credit Loans and Letter of Credit Obligations no longer exceeds the U.K. Borrowing Base or the Overdraft Facility Sublimit, as applicableTotal Commitment.
(dc) IfWithout limiting subsection (S)6.2.3.2(b), if, on any Reset day prior to the Maturity Date, the Austrian Exposure Dollar Equivalent of all Outstanding Revolving Credit Loans and Letter of Credit Obligations exceeds the Austrian Borrowing Base (the amount of such excess referred to herein as the "AUSTRIAN EXCESS AMOUNT") Total Commitment by more than one five percent (15%) of the amount of the Austrian Borrowing Baseor more, then (Ai) the Administrative Agent shall give notice thereof to the Austrian Borrower, the Fronting Bank Borrowers and the Lenders Banks and (Bii) within two three (23) US Business Days thereafter, the Austrian Borrower applicable Borrowers shall repay or prepay such the Revolving Credit Loans and Unpaid Reimbursement Obligations and provide cash collateral for such Maximum Drawing Amounts in accordance with this Credit Agreement in an aggregate principal amount such that, after giving effect thereto, the Austrian Exposure Dollar Equivalent of the aggregate outstanding amount of all Revolving Credit Loans and Letter of Credit Obligations no longer exceeds the Austrian Borrowing BaseTotal Commitment. Nothing set forth in this (S)6.
(e) If, on any Reset Date, the German Exposure exceeds the German Borrowing Base (the amount of such excess referred to herein as the "GERMAN EXCESS AMOUNT") by more than one percent (1%) of the amount of the German Borrowing Base, then (A) the Administrative Agent shall give notice thereof to the German Borrower, the Fronting Bank and the Lenders and (B) within two (2) Business Days thereafter, the German Borrower shall repay or prepay such Revolving Credit Loans and Unpaid Reimbursement Obligations and provide cash collateral for such Maximum Drawing Amounts in accordance with this Credit Agreement in an aggregate principal amount such that, after giving effect thereto, the German Exposure no longer exceeds the German Borrowing Base.
Appears in 1 contract
Samples: Revolving Credit and Term Loan Agreement (Genesee & Wyoming Inc)
Currency Fluctuations. (a) Not later than 1:00 p.m. 11:00 a.m. (Hartford, Connecticut Boston time) on the last Business Day of each calendar month or, in the event that the Exchange Rate fluctuates in excess of 10% during such calendar month, any other Business Day (up to one additional time per month with respect to Pounds Sterling or Euros, as the case may be) in the discretion of the Administrative Agent (the "CALCULATION DATE"“Calculation Date”), the Administrative Agent shall determine the Exchange Rate Dollar Equivalent as of such date. The Exchange Rate Dollar Equivalent so determined shall become effective on the first Business Day immediately following such determination (a "RESET DATE"“Reset Date”) and shall remain effective until the next succeeding Reset Date. Nothing contained in this Section 4.14 shall be construed to require the Administrative Agent to calculate compliance under this Section 4.14 more frequently than once each month. -77-.
(b) Not later than 4:00 p.m. (Hartford time) If, on each any Reset Date, Date and on the Administrative Agent shall determine Revolving Credit Loan Maturity Date the Dollar Equivalent of the aggregate outstanding amount of all Revolving Credit Loans advanced to each of the Foreign Borrowers and Loans, the Maximum Drawing Amount and all Unpaid Reimbursement Obligations with respect exceeds the Total Commitment for three (3) or more consecutive Business Days (but only as to Letters of Credit issued for the account of such Borrower.
(c) If, on any Reset Date, (A) the Dollar Equivalent of the U.K. Exposure exceeds the U.K. Borrowing Base or (B) (ii) the Dollar Equivalent of the aggregate outstanding amount of Base Rate Loans advanced to the U.K. Borrower exceeds the Overdraft Facility Sublimit (in each case, the amount of such excess referred to herein as the "U.K. EXCESS AMOUNT") by more than one percent (1%) of the amount of the U.K. Borrowing Base or the Overdraft Facility Sublimit, as the case may be), then (A) the Administrative Agent shall give notice thereof to the U.K. Borrower, the Fronting Bank and the applicable Lenders and (B) within two (2) Business Days thereafter, the U.K. Borrower shall repay or prepay such the Revolving Credit Loans and Unpaid Reimbursement Obligations and provide cash collateral for such Maximum Drawing Amounts in accordance with this Credit Agreement in an aggregate principal amount such that, after giving effect thereto, the U.K. Exposure aggregate outstanding amount (expressed in Dollars) of all Revolving Credit Loans plus the Maximum Drawing Amount and all Unpaid Reimbursement Obligations no longer exceeds the U.K. Borrowing Base or the Overdraft Facility Sublimit, as applicableTotal Commitment (expressed in Dollars).
(dc) IfWithout limiting subsection §5.10.2(b), if, on any Reset day prior to the Revolving Credit Loan Maturity Date, the Austrian Exposure aggregate outstanding amount (expressed in Dollars) of all Revolving Credit Loans plus the Maximum Drawing Amount plus the Unpaid Reimbursement Obligations exceeds the Austrian Borrowing Base (the amount of such excess referred to herein as the "AUSTRIAN EXCESS AMOUNT") Total Commitment by more than one five percent (15%) of the amount of the Austrian Borrowing Baseor more, then (Ax) the Administrative Agent shall give notice thereof to the Austrian Borrower, the Fronting Bank Borrower and the Lenders Banks and (By) within two (2) Business Days thereafter, the Austrian Borrower shall repay or prepay such the Revolving Credit Loans and Unpaid Reimbursement Obligations and provide cash collateral for such Maximum Drawing Amounts in accordance with this Credit Agreement in an aggregate principal amount such that, after giving effect thereto, the Austrian Exposure aggregate outstanding amount (expressed in Dollars) of all Revolving Credit Loans plus the Maximum Drawing Amount and all Unpaid Reimbursement Obligations no longer exceeds the Austrian Borrowing BaseTotal Commitment (expressed in Dollars). Nothing set forth in this §5.10.2 shall be construed to require the Agent to calculate daily compliance under this §5.10.2 unless expressly requested to do so by a Bank.
(e) If, on any Reset Date, the German Exposure exceeds the German Borrowing Base (the amount of such excess referred to herein as the "GERMAN EXCESS AMOUNT") by more than one percent (1%) of the amount of the German Borrowing Base, then (A) the Administrative Agent shall give notice thereof to the German Borrower, the Fronting Bank and the Lenders and (B) within two (2) Business Days thereafter, the German Borrower shall repay or prepay such Revolving Credit Loans and Unpaid Reimbursement Obligations and provide cash collateral for such Maximum Drawing Amounts in accordance with this Credit Agreement in an aggregate principal amount such that, after giving effect thereto, the German Exposure no longer exceeds the German Borrowing Base.
Appears in 1 contract
Currency Fluctuations. (a) Not later than 1:00 p.m. (Hartford, Connecticut Boston time) on the last Business Day of each calendar month or, in the event that the Exchange Rate fluctuates in excess of 10% during such calendar month, any other Business Day (up to one additional time per month with respect to Pounds Sterling or Euros, as the case may be) in the discretion of the Administrative Agent (the "CALCULATION DATECalculation Date"), the Administrative Agent shall determine the Exchange Rate Dollar Equivalent as of such date. The Exchange Rate Dollar Equivalent so determined shall become effective on the first Business Day immediately following such determination (a "RESET DATEReset Date") and shall remain effective until the next succeeding Reset Date. Nothing contained in this Section 4.14 shall be construed to require the Administrative Agent to calculate compliance under this Section 4.14 more frequently than once each month. -77-.
(b) Not later than 4:00 p.m. (Hartford time) on each Reset Date, the Administrative Agent shall determine the Dollar Equivalent of the Revolving Credit Loans advanced to each of the Foreign Borrowers and the Maximum Drawing Amount and all Unpaid Reimbursement Obligations with respect to Letters of Credit issued for the account of such Borrower.
(c) If, on any Reset Date and on the Maturity Date, (A) the Dollar Equivalent of the U.K. Exposure exceeds the U.K. Borrowing Base or (B) (ii) the Dollar Equivalent of the aggregate outstanding amount (expressed in Dollars) of Base Rate all Loans advanced to the U.K. Borrower and Letter of Credit Obligations exceeds the Overdraft Facility Sublimit (in each case, the amount of such excess referred to herein as the "U.K. EXCESS AMOUNT") Total Commitment by more than one percent (1%) of the amount of the U.K. Borrowing Base or the Overdraft Facility Sublimit, as the case may be$100,000, then (Ai) the Administrative Agent shall give notice thereof to the U.K. Borrower, the Fronting Bank Borrower and the applicable Lenders Banks and (Bii) within two (2) Business Days thereafter, the U.K. Borrower shall repay or prepay such Revolving Credit the Loans and Unpaid Reimbursement Obligations and provide cash collateral for such Maximum Drawing Amounts in accordance with this Credit Agreement in an aggregate principal amount such that, after giving effect thereto, the U.K. Exposure aggregate outstanding amount (expressed in Dollars) of all Loans and Letter of Credit Obligations no longer exceeds the U.K. Borrowing Base or the Overdraft Facility Sublimit, as applicableTotal Commitment (expressed in Dollars).
(dc) IfWithout limiting subsection ss.5.2.3.2(b), if, on any Reset day prior to the Maturity Date, the Austrian Exposure aggregate outstanding amount (expressed in Dollars) of all Loans and Letter of Obligations exceeds the Austrian Borrowing Base (the amount of such excess referred to herein as the "AUSTRIAN EXCESS AMOUNT") Total Commitment by more than one five percent (15%) of the amount of the Austrian Borrowing Baseor more, then (Ai) the Administrative Agent shall give notice thereof to the Austrian Borrower, the Fronting Bank Borrower and the Lenders Banks and (Bii) within two (2) Business Days thereafter, the Austrian Borrower shall repay or prepay such Revolving Credit the Loans and Unpaid Reimbursement Obligations and provide cash collateral for such Maximum Drawing Amounts in accordance with this Credit Agreement in an aggregate principal amount such that, after giving effect thereto, the Austrian Exposure aggregate outstanding amount (expressed in Dollars) of all Loans and Letter of Credit Obligations no longer exceeds the Austrian Borrowing BaseTotal Commitment (expressed in Dollars). Nothing set forth in this ss.5.
(e) If, on any Reset Date, the German Exposure exceeds the German Borrowing Base (the amount of such excess referred to herein as the "GERMAN EXCESS AMOUNT") by more than one percent (1%) of the amount of the German Borrowing Base, then (A) the Administrative Agent shall give notice thereof to the German Borrower, the Fronting Bank and the Lenders and (B) within two (2) Business Days thereafter, the German Borrower shall repay or prepay such Revolving Credit Loans and Unpaid Reimbursement Obligations and provide cash collateral for such Maximum Drawing Amounts in accordance with this Credit Agreement in an aggregate principal amount such that, after giving effect thereto, the German Exposure no longer exceeds the German Borrowing Base.
Appears in 1 contract
Currency Fluctuations. (a) Not later than 1:00 p.m. (Hartford, Connecticut Boston time) on the last Business Day of each calendar month or, in the event that the Exchange Rate fluctuates in excess of 10% during such calendar month, any other Business Day (up to one additional time per month with respect to Pounds Sterling or Euros, as the case may be) in the discretion of the Administrative Agent (the "CALCULATION DATECalculation Date"), the Administrative Agent shall determine the Exchange Rate Dollar Equivalent as of such date. The Exchange Rate Dollar Equivalent so determined shall become effective on the first Business Day immediately following such determination (a "RESET DATEReset Date") and shall remain effective until the next succeeding Reset Date. Nothing contained in this Section 4.14 shall be construed to require the Administrative Agent to calculate compliance under this Section 4.14 more frequently than once each month. -77-.
(b) Not later than 4:00 p.m. (Hartford time) on each Reset Date, the Administrative Agent shall determine the Dollar Equivalent of the Revolving Credit Loans advanced to each of the Foreign Borrowers and the Maximum Drawing Amount and all Unpaid Reimbursement Obligations with respect to Letters of Credit issued for the account of such Borrower.
(c) If, on any Reset Date and on the Revolving Credit Loan Maturity Date, (A) the Dollar Equivalent of the U.K. Exposure exceeds the U.K. Borrowing Base or (B) (ii) the Dollar Equivalent of the aggregate outstanding amount of Base Rate Loans advanced all Revolving Credit Loans, the Maximum Drawing Amount, all Unpaid Reimbursement Obligations and the aggregate face amount of all outstanding Bankers' Acceptances exceeds the Total Commitment for three (3) or more consecutive Business Days (but only as to the U.K. Borrower exceeds the Overdraft Facility Sublimit (in each case, the amount of such excess referred to herein as the "U.K. EXCESS AMOUNT") by more than one percent (1%) of the amount of the U.K. Borrowing Base or the Overdraft Facility Sublimit, as the case may beReset Date), then (A) the Administrative Agent shall give notice thereof to the U.K. Borrower, the Fronting Bank and the applicable Lenders and (B) within two (2) Business Days thereafter, the U.K. Borrower Borrowers shall repay or prepay such the Revolving Credit Loans and Unpaid Reimbursement Obligations and provide cash collateral for such Maximum Drawing Amounts in accordance with this Credit Agreement in an aggregate principal amount such that, after giving effect thereto, the U.K. Exposure aggregate outstanding amount (expressed in Dollars) of all Revolving Credit Loans plus the Maximum Drawing Amount, all Unpaid Reimbursement Obligations and the aggregate face amount of all outstanding Bankers' Acceptances no longer exceeds the U.K. Borrowing Base or the Overdraft Facility Sublimit, as applicableTotal Commitment (expressed in Dollars).
(dc) IfWithout limiting subsection ss.5.3.3.2(b), if, on any Reset day prior to the Revolving Credit Loan Maturity Date, the Austrian Exposure aggregate outstanding amount (expressed in Dollars) of all Revolving Credit Loans plus the Maximum Drawing Amount plus the Unpaid Reimbursement Obligations plus the aggregate face amount of all outstanding Bankers' Acceptances exceeds the Austrian Borrowing Base (the amount of such excess referred to herein as the "AUSTRIAN EXCESS AMOUNT") Total Commitment by more than one five percent (15%) of the amount of the Austrian Borrowing Baseor more, then (Ai) the Administrative Agent shall give notice thereof to the Austrian Borrower, the Fronting Bank Borrower and the Lenders Banks and (Bii) within two (2) Business Days thereafter, the Austrian Borrower Borrowers shall repay or prepay such the Revolving Credit Loans and Unpaid Reimbursement Obligations and provide cash collateral for such Maximum Drawing Amounts in accordance with this Credit Agreement in an aggregate principal amount such that, after giving effect thereto, the Austrian Exposure aggregate outstanding amount (expressed in Dollars) of all Revolving Credit Loans plus the Maximum Drawing Amount, all Unpaid Reimbursement Obligations and the aggregate face amount of all Bankers' Acceptances no longer exceeds the Austrian Borrowing BaseTotal Commitment (expressed in Dollars). Nothing set forth in this ss.5.
(e) If, on any Reset Date, the German Exposure exceeds the German Borrowing Base (the amount of such excess referred to herein as the "GERMAN EXCESS AMOUNT") by more than one percent (1%) of the amount of the German Borrowing Base, then (A) the Administrative Agent shall give notice thereof to the German Borrower, the Fronting Bank and the Lenders and (B) within two (2) Business Days thereafter, the German Borrower shall repay or prepay such Revolving Credit Loans and Unpaid Reimbursement Obligations and provide cash collateral for such Maximum Drawing Amounts in accordance with this Credit Agreement in an aggregate principal amount such that, after giving effect thereto, the German Exposure no longer exceeds the German Borrowing Base.
Appears in 1 contract
Samples: Revolving Credit and Term Loan Agreement (Holmes Products Corp)
Currency Fluctuations. (a) Not later than 1:00 p.m. (Hartford, Connecticut Boston time) on the last Business Day of each calendar month or, in the event that the Exchange Rate fluctuates in excess of 10% during such calendar month, any other Business Day (up to one additional time per month with respect to Pounds Sterling or Euros, as the case may be) in the discretion of the Administrative Agent (the "CALCULATION DATECalculation Date"), the Administrative Agent shall determine the Exchange Rate Dollar Equivalent as of such date. The Exchange Rate Dollar Equivalent so determined shall become effective on the first Business Day immediately following such determination (a "RESET DATEReset Date") and shall remain effective until the next succeeding Reset Date. Nothing contained in this Section 4.14 shall be construed to require the Administrative Agent to calculate compliance under this Section 4.14 more frequently than once each month. -77-.
(b) Not later than 4:00 p.m. (Hartford time) If, on each any Reset Date and on the Revolving Credit Loan Maturity Date, the Administrative Agent shall determine the Dollar Equivalent of the aggregate outstanding amount of all Revolving Credit Loans advanced to each of the Foreign Borrowers and Loans, the Maximum Drawing Amount and all Unpaid Reimbursement Obligations with respect exceeds the Total Commitment for three (3) or more consecutive Business Days (but only as to Letters of Credit issued for the account of such Borrower.
(c) If, on any Reset Date, (A) the Dollar Equivalent of the U.K. Exposure exceeds the U.K. Borrowing Base or (B) (ii) the Dollar Equivalent of the aggregate outstanding amount of Base Rate Loans advanced to the U.K. Borrower exceeds the Overdraft Facility Sublimit (in each case, the amount of such excess referred to herein as the "U.K. EXCESS AMOUNT") by more than one percent (1%) of the amount of the U.K. Borrowing Base or the Overdraft Facility Sublimit, as the case may be), then (A) the Administrative Agent shall give notice thereof to the U.K. Borrower, the Fronting Bank and the applicable Lenders and (B) within two (2) Business Days thereafter, the U.K. Borrower Borrowers shall repay or prepay such the Revolving Credit Loans and Unpaid Reimbursement Obligations and provide cash collateral for such Maximum Drawing Amounts in accordance with this Credit Agreement in an aggregate principal amount such that, after giving effect thereto, the U.K. Exposure aggregate outstanding amount (expressed in Dollars) of all Revolving Credit Loans plus the Maximum Drawing Amount and all Unpaid Reimbursement Obligations no longer exceeds the U.K. Borrowing Base or the Overdraft Facility Sublimit, as applicableTotal Commitment (expressed in Dollars).
(dc) IfWithout limiting subsection ss.5.3.3.2(b), if, on any Reset day prior to the Revolving Credit Loan Maturity Date, the Austrian Exposure aggregate outstanding amount (expressed in Dollars) of all Revolving Credit Loans plus the Maximum Drawing Amount plus the Unpaid Reimbursement Obligations exceeds the Austrian Borrowing Base (the amount of such excess referred to herein as the "AUSTRIAN EXCESS AMOUNT") Total Commitment by more than one five percent (15%) of the amount of the Austrian Borrowing Baseor more, then (Ai) the Administrative Agent shall give notice thereof to the Austrian Borrower, the Fronting Bank Borrower and the Lenders Banks and (Bii) within two (2) Business Days thereafter, the Austrian Borrower Borrowers shall repay or prepay such the Revolving Credit Loans and Unpaid Reimbursement Obligations and provide cash collateral for such Maximum Drawing Amounts in accordance with this Credit Agreement in an aggregate principal amount such that, after giving effect thereto, the Austrian Exposure no longer exceeds the Austrian Borrowing Base.
(e) If, on any Reset Date, the German Exposure exceeds the German Borrowing Base (the amount of such excess referred to herein as the "GERMAN EXCESS AMOUNT") by more than one percent (1%) of the amount of the German Borrowing Base, then (A) the Administrative Agent shall give notice thereof to the German Borrower, the Fronting Bank and the Lenders and (B) within two (2) Business Days thereafter, the German Borrower shall repay or prepay such Revolving Credit Loans and Unpaid Reimbursement Obligations and provide cash collateral for such Maximum Drawing Amounts in accordance with this Credit Agreement in an aggregate principal amount such that, after giving effect thereto, the German Exposure no longer exceeds the German Borrowing Base.aggregate
Appears in 1 contract
Currency Fluctuations. (a) Not later than 1:00 p.m. (Hartford, Connecticut Boston time) on the last Business Day of each calendar month or, in the event that the Exchange Rate fluctuates in excess of 10% during such calendar month, any other Business Day (up to one additional time per month with respect to Pounds Sterling or Euros, as the case may be) in the discretion of the Administrative Agent (the "CALCULATION DATECalculation Date"), the Administrative Agent shall determine the Exchange Rate Dollar Equivalent as of such date. The Exchange Rate Dollar Equivalent so determined shall become effective on the first Business Day immediately following such determination (a "RESET DATEReset Date") and shall remain effective until the next succeeding Reset Date. Nothing contained in this Section 4.14 shall be construed to require the Administrative Agent to calculate compliance under this Section 4.14 more frequently than once each month. -77-41
(b) Not later than 4:00 p.m. (Hartford time) on each Reset Date, the Administrative Agent shall determine the Dollar Equivalent of the Revolving Credit Loans advanced to each of the Foreign Borrowers and the Maximum Drawing Amount and all Unpaid Reimbursement Obligations with respect to Letters of Credit issued for the account of such Borrower.
(c) If, on any Reset Date and on the Revolving Credit Loan Maturity Date, the aggregate outstanding amount (Aexpressed in Dollars) of all Revolving Credit Loans, the Dollar Equivalent sum of the U.K. Exposure Maximum Drawing Amount on such date and all Unpaid Reimbursement Obligations on such date, exceeds the U.K. Borrowing Base or lesser of (Bi) Total Commitment and (ii) the Dollar Equivalent of the aggregate outstanding amount of Borrowing Base Rate Loans advanced to the U.K. Borrower exceeds the Overdraft Facility Sublimit (in each case, the amount of such excess referred to herein as the "U.K. EXCESS AMOUNT") by more than one percent (1%) of the amount of the U.K. Borrowing Base or the Overdraft Facility Sublimit, as the case may be$100,000, then (Ai) the Administrative Agent shall give notice thereof to the U.K. Borrower, the Fronting Bank Borrower and the applicable Lenders Banks and (Bii) within two (2) Business Days thereafter, the U.K. Borrower shall repay or prepay such the Revolving Credit Loans and Unpaid Reimbursement Obligations and provide cash collateral for such Maximum Drawing Amounts in accordance with this Credit Agreement in an aggregate principal amount such that, after giving effect thereto, the U.K. Exposure aggregate outstanding amount (expressed in Dollars) of all Revolving Credit Loans and the sum of the Maximum Drawing Amount on such date and all Unpaid Reimbursement Obligations on such date, no longer exceeds the U.K. lesser of (i) the Total Commitment (expressed in Dollars) and (ii) the Borrowing Base or the Overdraft Facility Sublimit, as applicableBase.
(dc) IfWithout limiting subsection ss.6.3.3.2(b), if, on any Reset day prior to the Revolving Credit Loan Maturity Date, the Austrian Exposure aggregate outstanding amount (expressed in Dollars) of all Revolving Credit Loans and the sum of the Maximum Drawing Amount on such date and all Unpaid Reimbursement Obligations on such date, exceeds the Austrian lesser of (i) the Total Commitment and (ii) the Borrowing Base (the amount of such excess referred to herein as the "AUSTRIAN EXCESS AMOUNT") by more than one five percent (15%) of the amount of the Austrian Borrowing Baseor more, then (Ai) the Administrative Agent shall give notice thereof to the Austrian Borrower, the Fronting Bank Borrower and the Lenders Banks and (Bii) within two (2) Business Days thereafter, the Austrian Borrower shall repay or prepay such the Revolving Credit Loans and Unpaid Reimbursement Obligations and provide cash collateral for such Maximum Drawing Amounts in accordance with this Credit Agreement in an aggregate principal amount such that, after giving effect thereto, the Austrian Exposure aggregate outstanding amount (expressed in Dollars) of all Revolving Credit Loans and the sum of the Maximum Drawing Amount on such date and all Unpaid Reimbursement Obligations on such date, no longer exceeds the Austrian lesser of (i) the Total Commitment (expressed in Dollars) and (ii) the Borrowing Base. Nothing set forth in this ss.6.
(e) If, on any Reset Date, the German Exposure exceeds the German Borrowing Base (the amount of such excess referred to herein as the "GERMAN EXCESS AMOUNT") by more than one percent (1%) of the amount of the German Borrowing Base, then (A) the Administrative Agent shall give notice thereof to the German Borrower, the Fronting Bank and the Lenders and (B) within two (2) Business Days thereafter, the German Borrower shall repay or prepay such Revolving Credit Loans and Unpaid Reimbursement Obligations and provide cash collateral for such Maximum Drawing Amounts in accordance with this Credit Agreement in an aggregate principal amount such that, after giving effect thereto, the German Exposure no longer exceeds the German Borrowing Base.
Appears in 1 contract
Samples: Revolving Credit and Term Loan Agreement (Western Digital Corp)
Currency Fluctuations. (a) Not later than 1:00 p.m. (Hartford, Connecticut Eastern time) on the last Business Day of each calendar month or, in the event that the Exchange Rate fluctuates in excess of 10% during such calendar month, any other Business Day (up to one additional time per month with respect to Pounds Sterling or EurosLetters of Credit and on the last day of each Interest Period with respect to Revolving Credit Loans (in each case, the "Calculation Date"), and at such other times as the case may be) in the discretion of shall be determined by the Administrative Agent (the "CALCULATION DATE")in its sole discretion, the Administrative Agent shall determine the Exchange Rate Dollar Equivalent as of such datedate of the LC Exposure or, as the case may be, such Revolving Credit Loan. The Exchange Rate Dollar Equivalent so determined shall become effective on the first Business Day immediately following such determination (a "RESET DATEReset Date") and shall remain effective until the next succeeding Reset DateDate relating to LC Exposure or, as the case may be, such Revolving Credit Loan. Nothing contained in this Section 4.14 shall be construed to require the The Administrative Agent shall use its reasonable efforts to calculate compliance under this Section 4.14 more frequently than once each month. -77-provide the Borrowers with notice of such Reset Date and the Dollar Equivalent determined pursuant to the preceding sentence.
(b) Not later than 4:00 p.m. (Hartford time) If, on each any Reset Date and on the Maturity Date, the Administrative Agent shall determine (i) the Dollar Equivalent of the Revolving Credit Total Facility Usage exceeds the lesser of (x) the Total Commitment at such time or (y) the Aggregate Borrowing Base as then in effect, or (ii) the sum of (A) the Dollar Equivalent of (x) the Co-Borrower Loans advanced to each outstanding, plus (y) the LC Exposure in respect of the Foreign Borrowers and the Maximum Drawing Amount and all Unpaid Reimbursement Obligations with respect to Letters of Credit issued for the account of the Co-Borrowers, plus (z) the Swingline Loans outstanding, exceeds (B) the lesser of (x) the Total Commitment at such Borrower.
time or (cy) Ifthe Domestic Borrowing Base as then in effect, on any Reset Date, or (Aiii) the Dollar Equivalent of the U.K. Exposure exceeds sum of the U.K. Borrowing Base or (B) (ii) UK Loans and the Australian Loans and the Dollar Equivalent of the aggregate outstanding amount LC Exposure in respect of Base Rate Loans advanced to Letters of Credit issued for the U.K. accounts of the UK Borrower and/or the Australian Borrower exceeds the Overdraft Facility Sublimit (Foreign Sublimit, in each case, case for three (3) or more consecutive Business Days (but not in the amount of such excess referred to herein as the "U.K. EXCESS AMOUNT") by more than one percent (1%) case of the amount of the U.K. Borrowing Base or the Overdraft Facility Sublimit, as the case may beMaturity Date), then (A) the Administrative Agent shall give notice thereof to the U.K. Borrower, the Fronting Bank and the applicable Lenders and (B) within two (2) Business Days thereafter, the U.K. Borrower Borrowers shall repay or prepay such Revolving Credit the Loans and Unpaid Reimbursement Obligations and provide cash collateral for such Maximum Drawing Amounts in accordance with this Credit Agreement within five (5) Business Days from such third consecutive Business Day (or on the Maturity Date, as applicable) in an aggregate principal amount such that, after giving effect thereto, (i) the U.K. Exposure Total Facility Usage (expressed in Dollars) no longer exceeds the U.K. lesser of (x) the Total Commitment (expressed in Dollars) or (y) the Aggregate Borrowing Base or the Overdraft Facility Sublimitas then in effect (expressed in Dollars) or, as applicable.
(d) If, on any Reset Datethe case may be, the Austrian Exposure exceeds Foreign Sublimit and (ii) the Austrian Borrowing Base (the amount sum of such excess referred to herein as the "AUSTRIAN EXCESS AMOUNT") by more than one percent (1%) of the amount of the Austrian Borrowing Base, then (A) the Administrative Agent shall give notice thereof to Dollar Equivalent of (x) the Austrian BorrowerCo-Borrower Loans outstanding, plus (y) the Fronting Bank and LC Exposure in respect of Letters of Credit issued for the Lenders and account of the Co-Borrowers, plus (z) the Swingline Loans outstanding, no longer exceeds (B) within two the lesser of (2x) Business Days thereafter, the Austrian Borrower shall repay Total Commitment at such time or prepay such Revolving Credit Loans and Unpaid Reimbursement Obligations and provide cash collateral for such Maximum Drawing Amounts in accordance with this Credit Agreement in an aggregate principal amount such that, after giving effect thereto, (y) the Austrian Exposure no longer exceeds the Austrian Borrowing Base.
(e) If, on any Reset Date, the German Exposure exceeds the German Domestic Borrowing Base (the amount of such excess referred to herein as the "GERMAN EXCESS AMOUNT") by more than one percent (1%) of the amount of the German Borrowing Base, then (A) the Administrative Agent shall give notice thereof to the German Borrower, the Fronting Bank and the Lenders and (B) within two (2) Business Days thereafter, the German Borrower shall repay or prepay such Revolving Credit Loans and Unpaid Reimbursement Obligations and provide cash collateral for such Maximum Drawing Amounts in accordance with this Credit Agreement in an aggregate principal amount such that, after giving effect thereto, the German Exposure no longer exceeds the German Borrowing Baseeffect.
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Samples: Multicurrency Revolving Credit Agreement (Borders Group Inc)