Deemed Utilizations Sample Clauses

Deemed Utilizations. From the date of the fulfillment of the conditions precedent of Section 9.1, the letters of credit listed in Schedule "D" will be deemed to be Letters of Credit issued and outstanding under Tranche A, with each issuer of any such letter of credit being considered as an Issuing Lender hereunder. Adjustments must be made among such Issuing Lenders and the other Lenders in order that the non-accrued portion of any fee previously paid in respect of any such letter of credit be shared among the Lenders pro rata to their Commitments under Tranche A, as provided in Section 6.2 for Letters of Credit issued from the date of this Agreement. However, there will be no fronting fee and no change in the fee rate which was applicable to such letters of credit. For greater certainty, no amendment to or renewal of any such letter of credit may be made without the consent of the Majority Lenders.
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Deemed Utilizations. (a) Concurrently with the initial Borrowing hereunder, the borrowings (including acceptances and letters of credit) then outstanding and owing by Cascades and Norampac Inc. under the 2005 Cascades Credit Agreement and the 2006 Norampac Credit Agreement respectively will be deemed to be Borrowings hereunder under Tranche A (except that borrowings under the Term Facility referred to in the 2005 Cascades Credit Agreement will be deemed to be Borrowings under the Term Loan). Such Borrowings will be allocated by the Agent among the Lenders pro rata to their Commitments under Tranche A and the Term Loan (as applicable). Canadian Imperial Bank of Commerce will be an Issuing Lender hereunder with respect to the letters of credit issued by it under the 2006 Norampac Credit Agreement which will be deemed to have been issued hereunder. The Bank of Nova Scotia was the issuing lender of the letters of credit issued under the 2005 Cascades Credit Agreement which will be deemed to have been issued by it as an Issuing Lender hereunder. From the date of the initial Borrowing hereunder, the provisions of this Agreement with respect to interest and fees will apply to borrowings under the 2005 Cascades Credit Agreement and the 2006 Norampac Credit Agreement which will be deemed to be Borrowings hereunder and the Applicable Margin (or Rate) will apply to said Borrowings from such date.
Deemed Utilizations. Concurrently with the initial Borrowing hereunder, the letters of credit listed in Schedule “E” will be deemed to be Letters of Credit issued at the request of the applicable Borrower and outstanding under this Agreement. Such letters of credit were issued by issuing lenders under the Existing Facilities. It will be the responsibility of the applicable Borrower to negotiate with such lenders any reimbursement which may be made to it with respect to the non-accrued portion of any fee previously paid in respect of any such letter of credit. From the date of the initial Borrowing hereunder, the provisions of Sections 6.3 and 6.4 in respect of Letters of Credit fees and charges will apply to the letters of credit listed in Schedule “E” as if the term of such letters of credit had commenced on such date. Accordingly, letters of credit fees payable pursuant to Section 6.3 in respect of the letters of credit listed in Schedule “E” will accrue from the date of the initial Borrowing hereunder.

Related to Deemed Utilizations

  • Non-Utilization Fee The Borrower agrees to pay to the Bank a non-utilization fee equal to one-quarter of one percent (0.25%) of the total of (a) the Revolving Loan Commitment, minus (b) the sum of (i) the daily average of the aggregate principal amount of all Revolving Loans outstanding, plus (ii) the daily average of the aggregate amount of the Letter of Credit Obligations, which non- utilization fee shall be (A) calculated on the basis of a year consisting of 360 days, (B) paid for the actual number of days elapsed, and (C) payable monthly in arrears on the last day of each month, commencing on September 30, 2006, and on the Revolving Loan Maturity Date.

  • Minimum Availability Borrower shall have minimum availability immediately following the initial funding in the amount set forth on the Schedule.

  • Laws Affecting LIBOR Rate Availability If, after the date hereof, the introduction of, or any change in, any Applicable Law or any change in the interpretation or administration thereof by any Governmental Authority, central bank or comparable agency charged with the interpretation or administration thereof, or compliance by any of the Lenders (or any of their respective Lending Offices) with any request or directive (whether or not having the force of law) of any such Governmental Authority, central bank or comparable agency, shall make it unlawful or impossible for any of the Lenders (or any of their respective Lending Offices) to honor its obligations hereunder to make or maintain any LIBOR Rate Loan, such Lender shall promptly give notice thereof to the Administrative Agent and the Administrative Agent shall promptly give notice to the Borrower and the other Lenders. Thereafter, until the Administrative Agent notifies the Borrower that such circumstances no longer exist, (i) the obligations of the Lenders to make LIBOR Rate Loans and the right of the Borrower to convert any Loan or continue any Loan as a LIBOR Rate Loan shall be suspended and thereafter the Borrower may select only Base Rate Loans hereunder, and (ii) if any of the Lenders may not lawfully continue to maintain a LIBOR Rate Loan to the end of the then current Interest Period applicable thereto as a LIBOR Rate Loan, the applicable LIBOR Rate Loan shall immediately be converted to a Base Rate Loan for the remainder of such Interest Period.

  • Product Availability The Insurance Companies have qualified the Products for offer and sale under the applicable insurance laws of various states and other jurisdictions. Producers and Registered Representatives shall solicit applications for the Products only in states and jurisdictions where such Products have been so qualified. Producers shall, upon request, be provided with a list of those states and jurisdictions in which the Products have been qualified for sale. The Insurance Companies shall file and make all statements or reports as are or may be required by the laws of such state or jurisdiction to maintain these qualifications in effect.

  • Excess Availability Borrowers shall have Excess Availability at all times of at least (i) as of any date of determination during the period from July 25, 2016 through and including August 29, 2016, $10,000,000, (ii) as of any date of determination during the period from August 30, 2016 through and including October 6, 2016, $13,000,000, (iii) as of any date of determination during the period from October 7, 2016 through and including October 13, 2016, $17,500,000, and (iv) as of any date of determination during the period from October 14, 2016 through and including December 31, 2016, $20,000,000.

  • Utilization Fee If the aggregate outstanding amount of (i) all Revolving Credit Advances hereunder and (ii) all "Revolving Credit Advances" under (and as defined in) the Three-Year Agreement exceeds thirty-three percent (33%) of the aggregate amount of (x) all Commitments hereunder and (y) all "Commitments" under (and as defined in) the Three-Year Agreement then in effect on such date (or, if any of the Commitments or "Commitments" have been terminated, the aggregate amount of all Commitments and "Commitments" in effect immediately prior to such termination), the Borrower will pay to the Agent for the ratable benefit of the Lenders a utilization fee (the "Utilization Fee") at a per annum rate equal to the Applicable Utilization Fee Rate in effect from time to time payable on the aggregate outstanding amount of all Revolving Credit Advances on such date, payable in arrears quarterly on the last day of each March, June, September and December, and on the Revolver Termination Date.

  • Utilization Fees (i) If on any day the sum of the aggregate outstanding principal amount of all Loans to the Borrowers plus the L/C Obligations then outstanding exceeds the product of (A) one-half (1/2) times (B) the Revolving Loan Commitment, each Borrower shall pay to the Administrative Agent, for the pro rata benefit of each Lender, a per annum fee equal to the Applicable Percentage for Utilization Fees multiplied by such Borrower’s outstanding Loans plus the L/C Obligations then outstanding (the “Utilization Fees”).

  • Undrawn Availability After giving effect to the initial Advances hereunder, Borrowers shall have Undrawn Availability of at least $10,000,000;

  • Availability of Utilities All utility services necessary for the construction of the Improvements will be available prior to the commencement of construction, and all utility services necessary for the proper operation of the Improvements for their intended purposes are available at the Leased Premises or will be available at the Leased Premises prior to the Final Disbursement Date, at commercially comparable utility rates and hook-up charges for the vicinity, including water supply, storm and sanitary sewer facilities, gas, electricity and telephone facilities. Lessee shall furnish evidence of such availability of utilities from time to time at Lessor's request.

  • Closing Availability After giving effect to all Borrowings to be made on the Effective Date and the issuance of any Letters of Credit on the Effective Date and payment of all fees and expenses due hereunder, and with all of the Loan Parties’ Indebtedness, the Borrowers’ Availability shall not be less than $500,000.

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