Daylight Overdraft Loans Sample Clauses

Daylight Overdraft Loans. (a) Subject to the terms and conditions hereof, the Daylight Overdraft Lender agrees, on an UNCOMMITTED AND ABSOLUTELY DISCRETIONARY basis to consider making a portion of the Elected Line Amount available to the Borrower by making daylight overdraft loans with respect to Deposit Accounts that are Controlled Accounts of the Borrower (individually, a "Daylight Overdraft Loan" and, together with any amounts allocated to Daylight Overdraft Loans pursuant to Section 12.4(b), collectively, the "Daylight Overdraft Loans") to the Borrower from time to time during the Funding Request Period in an aggregate principal amount at any one time outstanding not to exceed the applicable Daylight Overdraft Cap; provided that, (i) the aggregate principal amount of Daylight Overdraft Loans outstanding at any time, when aggregated with the Daylight Overdraft Lender's Stated Percentage of the Total Extensions of Credit, may not exceed such Daylight Overdraft Lender's Maximum Credit Limit then in effect, (ii) the Borrower shall not request, and the Daylight Overdraft Lender shall not make, any Daylight Overdraft Loan if, after giving effect to the making of such Daylight Overdraft Loan, the Borrowing Base Availability would be less than zero and (iii) with respect to each Lender (other than a Declining Lender), and after giving effect to such Lender's Stated Percentage of such Daylight Overdraft Loan, such Lender's Extensions of Credit do not exceed such Lender's Maximum Credit Limit. During the Funding Request Period, the Borrower may use the Daylight Overdraft Cap by borrowing, repaying and reborrowing, all in accordance with the terms and conditions hereof, including, without limitation, Section 4.5. (b) NEITHER THE DAYLIGHT OVERDRAFT LENDER NOR ANY LENDER SHALL HAVE ANY COMMITMENT OR OBLIGATION TO PARTICIPATE IN AND/OR MAKE ANY DAYLIGHT OVERDRAFT LOAN HEREUNDER UNLESS AND UNTIL THE DAYLIGHT OVERDRAFT LENDER OR SUCH LENDER AFFIRMATIVELY COMMITS OR IS DEEMED TO HAVE COMMITTED UNDER SECTION 2.4(f) TO SUCH REQUESTED DAYLIGHT OVERDRAFT LOAN. NOTHING CONTAINED HEREIN SHALL OTHERWISE COMMIT OR OBLIGATE THE DAYLIGHT OVERDRAFT LENDER OR SUCH LENDER, OR BE INTERPRETED AS A PROMISE OR COMMITMENT BY THE DAYLIGHT OVERDRAFT LENDER OR SUCH LENDER TO MAKE OR ELECT TO MAKE SUCH DAYLIGHT OVERDRAFT LOAN OR PARTICIPATE OR ELECT TO PARTICIPATE IN SUCH DAYLIGHT OVERDRAFT LOAN UNLESS AND UNTIL THE DAYLIGHT OVERDRAFT LENDER OR SUCH LENDER AFFIRMATIVELY COMMITS OR IS DEEMED TO HAVE COMMITTED UNDER S...