Common use of Description of Facility Clause in Contracts

Description of Facility. The Lenders hereby establish in favor of the Borrower a revolving credit facility pursuant to which, and upon the terms and subject to the conditions herein set out: (a) each Lender severally agrees to make Ratable Loans to the Borrower in accordance with Section 2.2 in amounts not to exceed in the aggregate at any one time outstanding the amount of its Commitment less the sum of (i) the amount of such Lender’s pro-rata share of the outstanding principal amount of all Competitive Bid Advances (regardless of which Lender or Lenders made such Competitive Bid Advances) exclusive of Competitive Bid Advances being repaid substantially contemporaneously with the making of any such Ratable Loans, plus (ii) the amount of such Lender’s pro-rata share of the outstanding principal amount of all Swing Line Loans exclusive of Swing Line Loans being repaid substantially contemporaneously with the making of any such Ratable Loans, plus (iii) the amount of such Lender’s pro-rata share of the outstanding Facility Letter of Credit Obligations exclusive of Facility Letter of Credit Obligations being repaid substantially contemporaneously with the making of any such Ratable Loans; (b) each Lender may, in its sole discretion, make bids to make Competitive Bid Loans to the Borrower, and make such Loans, in accordance with Section 2.3; and (c) the Swing Line Lender agrees to make Swing Line Loans to the Borrower in accordance with Section 2.4.

Appears in 2 contracts

Samples: Credit Agreement (Ralcorp Holdings Inc /Mo), Credit Agreement (Ralcorp Holdings Inc /Mo)

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Description of Facility. The Lenders hereby establish ----------------------- in favor of the Borrower a revolving credit facility pursuant to which, and upon the terms and subject to the conditions herein set out: (a) each Lender severally agrees to make Ratable Loans in any one or more of the Permitted Currencies to the Borrower in accordance with Section 2.2 in amounts amounts, based on the Dollar Amount of any Advances outstanding ----------- in Dollars and the Dollar Amount of any Advances outstanding in Alternative Currencies, not to exceed in the aggregate at any one time outstanding the amount of its Commitment less the amount of such Lender's pro-rata share of the sum of (i) the amount of such Lender’s pro-rata share of the outstanding principal amount of all Competitive Bid Advances (regardless of which Lender or Lenders made such Competitive Bid Advances) exclusive of Competitive Bid Advances being repaid substantially contemporaneously with the making of any such Ratable Loans, Loans plus (ii) the amount of such Lender’s pro-rata share of the ---- outstanding principal amount of all Swing Line Loans Advances (regardless of which Lender or Lenders made such Swing Line Advances) exclusive of Swing Line Loans Advances being repaid substantially contemporaneously with the making of any such Ratable Loans, Loans plus (iii) the outstanding amount of such Lender’s pro-rata share of the outstanding Facility Letter of Credit Obligations exclusive of Facility Letter of ---- Credit Obligations being repaid substantially contemporaneously with the making of any at such Ratable Loanstime; (b) each Lender may, in its sole discretion, make bids to make Competitive Bid Loans to the Borrower, and make such Loans, in accordance with Section 2.3; andand ----------- (c) the Swing Line Lender Bank agrees to make Swing Line Loans to the Borrower in accordance with Section 2.4.. -----------

Appears in 1 contract

Samples: Credit Agreement (Corporate Express Inc)

Description of Facility. The Lenders hereby establish in favor of the Borrower a revolving credit facility pursuant to which, and upon the terms and subject to the conditions herein set out: (a) each Lender severally agrees to make Ratable Loans to the Borrower in accordance with Section 2.2 in amounts not to exceed in the aggregate at any one time outstanding the amount of its Commitment less the sum of (i) the amount of such Lender’s 's pro-rata share of the outstanding principal amount of all Competitive Bid Advances (regardless of which Lender or Lenders made such Competitive Bid Advances) exclusive of Competitive Bid Advances being repaid substantially contemporaneously with the making of any such Ratable Loans, plus Loans and (ii) the amount of such Lender’s 's pro-rata share of the outstanding principal amount of all Swing Line Loans Advances (regardless of which Lender or Lenders made such Swing Line Advances) exclusive of Swing Line Loans being repaid substantially contemporaneously with the making of any such Ratable Loans, plus (iii) the amount of such Lender’s pro-rata share of the outstanding Facility Letter of Credit Obligations exclusive of Facility Letter of Credit Obligations Advances being repaid substantially contemporaneously with the making of any such Ratable Loans; (b) each Lender may, in its sole discretion, make bids to make Competitive Bid Loans to the Borrower, and make such Loans, in accordance with Section 2.3; and (c) the each Swing Line Lender agrees Bank agrees, severally and not jointly, to make Swing Line Loans to the Borrower in accordance with Section 2.4.

Appears in 1 contract

Samples: Credit Agreement (Green Tree Financial Corp)

Description of Facility. The Lenders hereby establish in favor of the Borrower Borrowers a revolving credit facility pursuant to which, and upon the terms and subject to the conditions herein set outforth: (a) each Lender severally agrees to make Ratable Loans to the Borrower Borrowers in accordance with Section 2.2 in amounts not to exceed in the aggregate at any one time outstanding the amount of its Commitment less the sum of (i) the amount of such Lender’s pro-rata share of the outstanding principal amount of all Competitive Bid Advances (regardless of which Lender or Lenders made such Competitive Bid Advances) exclusive of Competitive Bid Advances being repaid substantially contemporaneously with the making of any such Ratable Loans, plus (ii) the amount of such Lender’s pro-rata share of the outstanding principal amount of all Swing Line Loans exclusive of Swing Line Loans being repaid substantially contemporaneously with the making of any such Ratable Loans, plus (iii) the amount of such Lender’s pro-rata share of the outstanding Facility Letter of Credit Obligations exclusive of Facility Letter of Credit Obligations being repaid substantially contemporaneously with the making of any such Ratable Loans2.02; (b) each Lender severally agrees to participate in Facility LCs issued upon the request of the Borrowers, and each LC Issuer severally agrees to issue Facility LCs hereunder in accordance with Section 2.19; (c) each Swing Line Lender severally agrees to make Swing Line Loans to the Borrowers in accordance with Section 2.04; and (d) each Lender may, in its sole discretion, make bids to make Competitive Bid Loans to the Borrower, and make such Loans, Borrowers in accordance with Section 2.3; and (c) the Swing Line 2.05. Each Lender agrees at its option may make any Advance by causing any domestic or foreign branch or Affiliate of such Lender to make Swing Line Loans such Advance (and in the case of an Affiliate, the provisions of Sections 2.22, 8.01, 8.03 and 8.04 shall apply to such Affiliate to the same extent as to such Lender; provided that no such branch or Affiliate of a Lender shall be entitled to any amounts payable under such Sections solely in respect of increased costs resulting from such Lender’s exercise of such option and existing at the time of such Lender’s exercise of such option); provided that any exercise of such option shall not affect the obligation of the relevant Borrower to repay such Advance in accordance with Section 2.4the terms of this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Emerson Electric Co)

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Description of Facility. The Lenders hereby establish in ----------------------- favor of the Borrower a revolving credit facility pursuant to which, and upon the terms and subject to the conditions herein set out: (a) each Lender severally agrees to make Ratable Loans to the Borrower in accordance with Section 2.2 in amounts not to exceed in the aggregate at any ----------- one time outstanding the amount of its Commitment less the sum of (i) the amount of such Lender’s 's pro-rata share of the outstanding principal amount of all Competitive Bid Advances (regardless of which Lender or Lenders made such Competitive Bid Advances) exclusive of Competitive Bid Advances being repaid substantially contemporaneously with the making of any such Ratable Loans, plus ---- (ii) the amount of such Lender’s 's pro-rata share of the outstanding principal amount of all Swing Line Loans exclusive of Swing Line Loans being repaid substantially contemporaneously with the making of any such Ratable Loans, plus ---- (iii) the amount of such Lender’s 's pro-rata share of the outstanding Facility Letter of Credit Obligations exclusive of Facility Letter of Credit Obligations being repaid substantially contemporaneously with the making of any such Ratable Loans; (b) each Lender may, in its sole discretion, make bids to make Competitive Bid Loans to the Borrower, and make such Loans, in accordance with Section 2.3; andand ------------ (c) the Swing Line Lender agrees to make Swing Line Loans to the Borrower in accordance with Section 2.4.. ------------

Appears in 1 contract

Samples: Credit Agreement (Ralcorp Holdings Inc /Mo)

Description of Facility. The Lenders hereby establish in favor of the ------------------------ Borrower a revolving credit facility pursuant to which, and upon the terms and subject to the conditions herein set out: (a) each Lender severally agrees to make Ratable Loans to the Borrower in accordance with Section 2.2 in amounts not to exceed in the aggregate at any ----------- one time outstanding the amount of its Commitment less the sum of (i) the amount of such Lender’s 's pro-rata share of the outstanding principal amount of all Competitive Bid Advances (regardless of which Lender or Lenders made such Competitive Bid Advances) exclusive of Competitive Bid Advances being repaid substantially contemporaneously with the making of any such Ratable Loans, plus ---- (ii) the amount of such Lender’s 's pro-rata share of the outstanding principal amount of all Swing Line Loans exclusive of Swing Line Loans being repaid substantially contemporaneously with the making of any such Ratable Loans, plus ---- (iii) the amount of such Lender’s 's pro-rata share of the outstanding Facility Letter of Credit Obligations exclusive of Facility Letter of Credit Obligations being repaid substantially contemporaneously with the making of any such Ratable Loans; (b) each Lender may, in its sole discretion, make bids to make Competitive Bid Loans to the Borrower, and make such Loans, in accordance with Section 2.3; ----------- and (c) the Swing Line Lender agrees to make Swing Line Loans to the Borrower in accordance with Section 2.4.. ------------

Appears in 1 contract

Samples: Credit Agreement (Ralcorp Holdings Inc /Mo)

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