Description of Facility; Commitment. (a) From and including the Effective Date and prior to the Facility Termination Date, upon the satisfaction of the conditions precedent set forth in Sections 4.02, 4.03, 4.04 and 4.05, as applicable, each Lender severally and not jointly agrees, on the terms and conditions set forth in this Agreement, to make Revolving Loans to any Borrower from time to time in amounts not to exceed in the aggregate at any one time outstanding its Pro Rata Share of the Aggregate Commitment; provided that after giving effect to such Revolving Loans, (a) the Aggregate Outstanding Credit Exposure with respect to all Revolving Loans shall not exceed the Aggregate Commitment at such time and (b) the Outstanding Credit Exposure with respect to the Revolving Loans and L/C Obligations of any Lender shall not exceed such Lender’s Commitment at such time, which Revolving Loans (other than Floating Rate Loans) may, at the applicable Borrower’s election, be denominated in Dollars or a Foreign Currency. Subject to the terms of this Agreement, any Borrower may borrow, repay and reborrow Revolving Loans at any time prior to the Facility Termination Date. The Commitments to lend hereunder shall expire automatically on the Facility Termination Date. Each Advance hereunder shall consist of Revolving Loans made from the several Lenders ratably in proportion to the ratio that their respective Commitments bear to the Aggregate Commitment.
(b) Parent may at any time from time to time, upon prior written notice by Parent to the Administrative Agent, increase the Commitments (but not the Letter of Credit Sublimit) by a maximum aggregate amount of up to ONE BILLION FIVE HUNDRED MILLION DOLLARS ($1,500,000,000) with additional Commitments from any existing Lenders and/or with new Commitments from any other Person selected by Parent and reasonably acceptable to the Administrative Agent and the L/C Issuers; provided that:
(i) any such increase shall be in a minimum principal amount of $10,000,000 and in integral multiples of $1,000,000 in excess thereof;
(ii) no Default or Unmatured Default shall exist and be continuing at the time of any such increase;
(iii) no existing Lender shall be under any obligation to increase its Commitment and any such decision whether to increase its Commitment shall be in such Lender’s sole and absolute discretion;
(iv) (A) any new Lender shall join this Agreement by executing such joinder documents required by the Administrative Agent and/or (B) any existing Lender elec...
Description of Facility; Commitment. Each Tranche A-1 Lender severally and not jointly agrees, on the terms and conditions set forth in this Agreement, to make Loans (“Tranche A-1 Loans”) to the Borrower on the Funding Date (which shall be no later than the last day of the Commitment Period) in an amount not to exceed its Tranche A-1 Commitment in a single drawing; provided that if for any reason the full amount of such Lender’s Tranche A-1 Commitment is not fully drawn on the Funding Date, the undrawn portion thereof shall automatically be terminated, and (b) each Tranche A-2 Lender severally and not jointly agrees, on the terms and conditions set forth in this Agreement, to make Loans (“Tranche A-2 Loans”) to the Borrower on the Funding Date (which shall be no later than the last day of the Commitment Period) in an amount not to exceed its Tranche A-2 Commitment in a single drawing; provided that if for any reason the full amount of such Lender’s Tranche A-2 Commitment is not fully drawn on the Funding Date, the undrawn portion thereof shall automatically be terminated. Amounts borrowed under this Section 2.01 and repaid or prepaid may not be reborrowed. The Loans shall be made by each Lender of each Tranche in accordance with its Pro Rata Share of the Commitments of such Tranche. The Borrowing of Loans shall be allocated to the Tranche A-1 Loans and the Tranche A-2 Loans as directed by the Borrower. Each Lender’s Commitment shall terminate immediately and without further action upon the earlier of (x) the Funding Date after giving effect to the funding of such Lender’s Loans on such date and (y) the expiration of the Commitment Period.
Description of Facility; Commitment. Subject solely to the occurrence of the Closing Date, each Lender severally and not jointly agrees to make a Loan to the Borrower, in Dollars, in a single drawing on the Closing Date in accordance with its Pro Rata Share and in an amount not to exceed such Lender’s Commitment. Amounts paid, repaid or prepaid on the Loans may not be reborrowed.
Description of Facility; Commitment. From and including the date of this Agreement and prior to the Termination Date, upon the satisfaction of the conditions precedent set forth in Section 4.1 and 4.2, as applicable, each Lender severally and not jointly agrees, on the terms and conditions set forth in this Agreement, to make Loans to the Borrower from time to time in Dollars in amounts not to exceed in the aggregate at any one time outstanding its Pro Rata Share of the Available Aggregate Commitment; provided that at no time shall the Aggregate Outstanding Credit Exposure hereunder exceed the Aggregate Commitment. Subject to the terms of this Agreement, the Borrower may borrow, repay and reborrow Revolving Loans at any time prior to the Termination Date. The Commitments to lend hereunder shall expire automatically on the Termination Date.
Description of Facility; Commitment. Swingline Loans 33 Section 2.02 Facility Termination Date 36 Section 2.03 Letters of Credit. 37 Section 2.04 Types of Advances 43 Section 2.05 Fees; Reductions in Aggregate Commitment 43 Section 2.06 Minimum Amount of Each Advance 44
Description of Facility; Commitment. Each Lender severally and not jointly agrees, on the terms and conditions set forth in this Agreement, to make Loans from time to time to the Borrower on each Funding Date (which shall be no later than the last day of the Commitment Period) in an amount not to exceed (x) for any such Lender, the Commitment of such Lender as of such date (immediately prior to making such Loan) and (y) in the aggregate for all Lenders, the Aggregate Commitment as of such date (immediately prior to making such Loan). Amounts borrowed under this Section 2.01 and repaid or prepaid may not be reborrowed. The Loans shall be made by each Lender in accordance with its Pro Rata Share of the Aggregate Commitment. Each Borrowing shall be in a minimum aggregate amount of $30,000,000 or any integral multiple of $10,000,000 in excess thereof (or, if less, the remaining Aggregate Commitment as of such date). Each Lender’s Commitment (x) shall be reduced by the aggregate principal amount of such Lender’s Loan made on such Funding Date and (y) terminate immediately and without further action upon the expiration of the Commitment Period.
Description of Facility; Commitment. Each Lender severally and not jointly agrees, on the terms and conditions set forth in this Agreement, to make Loans to the Borrower on the Funding Date (which shall be no later than the last day of the Commitment Period) in an amount not to exceed its Pro Rata Share of the Aggregate Commitment in a single drawing; provided that if for any reason the full amount of such Lender’s Commitment is not fully drawn on the Funding Date, the undrawn portion thereof shall automatically be terminated. Amounts borrowed under this Section 2.01 and repaid or prepaid may not be reborrowed. Each Lender’s Commitment shall terminate immediately and without further action upon the earlier of (x) the Funding Date after giving effect to the funding of such Lender’s Loans on such date and (y) the expiration of the Commitment Period.
Description of Facility; Commitment. From and including the Effective Date and prior to the Facility Termination Date, upon the satisfaction of the conditions precedent set forth in Sections 4.02, 4.03 and 4.05, as applicable, each Lender severally and not jointly agrees, on the terms and conditions set forth in this Agreement, to make Revolving Loans to any Borrower from time to time in amounts not to exceed in the aggregate at any one time outstanding its Pro Rata Share of the Aggregate Commitment; provided that after giving effect to such Revolving Loans, (a) the Aggregate Outstanding Credit Exposure with respect to all Revolving Loans shall not exceed the Aggregate Commitment at such time and (b) the Outstanding Credit Exposure with respect to the Revolving Loans of any Lender shall not exceed such Lender’s Commitment at such time, which Revolving Loans (other than Floating Rate Loans) may, at the applicable Borrower’s election, be denominated in Dollars or a Foreign Currency. Subject to the terms of this Agreement, any Borrower may borrow, repay and reborrow Revolving Loans at any time prior to the Facility Termination Date. The Commitments to lend hereunder shall expire automatically on the Facility Termination Date. Each Advance hereunder shall consist of Revolving Loans made from the several Lenders ratably in proportion to the ratio that their respective Commitments bear to the Aggregate Commitment.
Description of Facility; Commitment. Upon the satisfaction of the conditions precedent set forth in Sections 4.1 and 4.2, each Lender severally and not jointly agrees, on the terms and conditions set forth in this Agreement, to make the Loans to the Borrower on the Closing Date in an aggregate principal amount not to exceed the Commitment of such Lender; provided that if for any reason the full amount of such Lender’s Commitment is not fully drawn on the Closing Date, the undrawn portion thereof shall automatically be cancelled thereon. Any amount borrowed under this Section 2.1 and subsequently repaid or prepaid may not be re-borrowed. Each Lender’s Commitment shall terminate immediately and without further action (x) on the Closing Date after giving effect to the funding of such Lender’s Commitment on such date or (y) in accordance with Section 2.8(a).
Description of Facility; Commitment. (a) Each Lender severally and not jointly agrees, on the terms and conditions set forth in this Agreement, to make Loans to the Borrower on the Funding Date (which shall be no later than the last day of the Commitment Period) in an amount not to exceed its Pro Rata Share of the Aggregate Commitment in a single drawing; provided that if for any reason the full amount of such Lender’s Commitment is not fully drawn on the Funding Date, the undrawn portion thereof shall automatically be cancelled thereon. Amounts borrowed under this Section 2.01 and repaid or prepaid may not be reborrowed. Each Lender’s Commitment shall terminate immediately and without further action upon the earlier of (x) the Funding Date after giving effect to the funding of such Lender’s Loans on such date and (y) the expiration of the Commitment Period.
