Equalization Transfers. (a) The Swing Line Advances, the Line of Credit A Advances and the Line of Credit B Advances (collectively "ADVANCES" and individually, an "ADVANCE") shall also sometimes collectively be referred to in each case as a "LOAN" and collectively the "LOANS". It is anticipated that on each Business Day Borrower may wish to borrow and repay Loans. To the extent possible, these Loans will be made by under the Swing Line. To minimize the number of transfers of funds to and from the Lenders resulting from such borrowings and repayments, the Agent may fund daily Loans for the accounts of the Lenders and apply daily repayments of Loans to the accounts of the Lenders, other than according to the Lenders' Pro Rata Percentages (i.e., without receiving from the other Lenders their Pro Rata Percentage of a Loan on the date of disbursement thereof or without paying the other Lenders their Pro Rata Percentage of a repayment of a Loan on the date of payment thereof), provided however, that no such Loan shall be made and no repayment of a Loan shall be applied other than according to the Lenders' Pro Rata Percentages, if: (i) at the time of such Loan or repayment the Agent has actual knowledge of a Matured Default, or (ii) after giving effect to the requested Loan or after applying the repayment, the absolute value of the amount that would have to be reallocated to make the Loans held according to the Lenders' Pro Rata Percentages, would exceed $20,000,000; or (iii) after giving effect to the requested Loan, the Agent would hold at the end of any Business Day, (A) Loans under the Line of Credit B exceeding its Line of Credit B Loan Commitment or (B) Loans under the Swing Line and the Line of Credit A exceeding its Line of Credit A Loan Commitment plus $20,000,000.
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Samples: Loan Agreement (Andersons Inc)
Equalization Transfers. (a) The Swing Line Advances, the Line of Credit A Advances and the Line of Credit B Advances (collectively "ADVANCES" “Advances” and individually, an "ADVANCE“Advance") shall also sometimes collectively be referred to in each case as a "LOAN" “Loan” and collectively the "LOANS“Loans". It is anticipated that on each Business Day Borrower may wish to borrow and repay Loans. Loans under the Line of Credit A. To the extent possible, these Loans will be made by the Agent under the Swing Line. To minimize the number of transfers of funds to and from the Lenders resulting from such borrowings and repayments, the Agent may fund daily Loans under the Line of Credit A for the accounts of the Lenders and apply daily repayments of Loans under the Line of Credit A to the accounts of the Lenders, other than according to the Lenders' ’ Pro Rata Percentages (i.e., without receiving from the other Lenders their Pro Rata Percentage of a Loan under the Line of Credit A on the date of disbursement thereof or without paying the other Lenders their Pro Rata Percentage of a repayment of a Loan under the Line of Credit A on the date of payment thereof), provided however, that no such Loan shall be made and no repayment of such a Loan shall be applied other than according to the Lenders' ’ Pro Rata Percentages, if: (i) at the time of such Loan or repayment the Agent has actual knowledge of a Matured Default, or (ii) after giving effect to the such requested Loan or after applying the repayment, the absolute value of the amount that would have to be reallocated to make the Loans under the Line of Credit A held according to the Lenders' ’ Pro Rata Percentages, would exceed $20,000,000the Swing Line Limit; or (iii) after giving effect to the such requested Loan, the Agent would hold at the end of any Business Day, (A) Loans under the Line of Credit B exceeding its Line of Credit B Loan Commitment or (B) Loans under the Swing Line and the Line of Credit A exceeding its Line of Credit A Loan Commitment plus $20,000,000the Swing Line Limit.
Appears in 1 contract
Samples: Loan Agreement (Andersons Inc)
Equalization Transfers. (a) The Swing Line Advances, the Line of Credit A Advances, the Term Loan Advances and the Line of Credit B Revolving Term Loan Advances (collectively "ADVANCES" “Advances” and individually, an "ADVANCE"“Advance”) shall also sometimes collectively be referred to in each case as a "LOAN" “Loan” and collectively the "LOANS"“Loans”. It is anticipated that on each Business Day Borrower may wish to borrow and repay Loans. To the extent possible, these Loans will be made by under the Swing Line. To minimize the number of transfers of funds to and from the Lenders resulting from such borrowings and repayments, the Agent may fund daily Loans for the accounts of the Lenders and apply daily repayments of Loans to the accounts of the Lenders, other than according to the Lenders' ’ Pro Rata Percentages (i.e., without receiving from the other Lenders their Pro Rata Percentage of a Loan on the date of disbursement thereof or without paying the other Lenders their Pro Rata Percentage of a repayment of a Loan on the date of payment thereof), provided however, that no such Loan shall be made and no repayment of a Loan shall be applied other than according to the Lenders' ’ Pro Rata Percentages, if: (i) at the time of such Loan or repayment the Agent has actual knowledge of a Matured Default, or (ii) after giving effect to the requested Loan or after applying the repayment, the absolute value of the amount that would have to be reallocated to make the Loans held according to the Lenders' ’ Pro Rata Percentages, would exceed $20,000,0002,000,000; or (iii) after giving effect to the requested Loan, the Agent CoBank would hold at the end of any Business Day, (A) Loans under the Line of Credit B Term Loan exceeding its Line of Credit B Term Loan Commitment, Loans under the Revolving Term Loan exceeding its Revolving Term Loan Commitment or (B) Loans under the Swing Line and the Line of Credit A exceeding its Line of Credit A Loan Commitment plus $20,000,0002,000,000.
Appears in 1 contract
Samples: Loan and Security Agreement (Green Plains Renewable Energy, Inc.)
Equalization Transfers. (a) The Swing Line Advances, the Line of Credit A Advances and the Line of Credit B Advances (collectively "ADVANCES" “Advances” and individually, an "ADVANCE"“Advance”) shall also sometimes collectively be referred to in each case as a "LOAN" “Loan” and collectively the "LOANS"“Loans”. It is anticipated that on each Business Day Borrower may wish to borrow and repay Loans. To the extent possible, these Loans will be made by under the Swing Line. To minimize the number of transfers of funds to and from the Lenders resulting from such borrowings and repayments, the Agent may fund daily Loans for the accounts of the Lenders and apply daily repayments of Loans to the accounts of the Lenders, other than according to the Lenders' ’ Pro Rata Percentages (i.e., without receiving from the other Lenders their Pro Rata Percentage of a Loan on the date of disbursement thereof or without paying the other Lenders their Pro Rata Percentage of a repayment of a Loan on the date of payment thereof), provided however, that no such Loan shall be made and no repayment of a Loan shall be applied other than according to the Lenders' ’ Pro Rata Percentages, if: (i) at the time of such Loan or repayment the Agent has actual knowledge of a Matured Default, or (ii) after giving effect to the requested Loan or after applying the repayment, the absolute value of the amount that would have to be reallocated to make the Loans held according to the Lenders' ’ Pro Rata Percentages, would exceed $20,000,000; or (iii) after giving effect to the requested Loan, the Agent would hold at the end of any Business Day, (A) Loans under the Line of Credit B exceeding its Line of Credit B Loan Commitment or (B) Loans under the Swing Line and the Line of Credit A exceeding its Line of Credit A Loan Commitment plus $20,000,000.
Appears in 1 contract
Equalization Transfers. (a) The Swing Line Advances, the Line of Credit A Advances Advances, and the Line of Credit B Term Loan Advances (collectively "ADVANCES" “Advances” and individually, an "ADVANCE"“Advance”) shall also sometimes collectively be referred to in each case as a "LOAN" “Loan” and collectively the "LOANS"“Loans”. It is anticipated that on each Business Day Borrower may wish to borrow and repay Loans. To the extent possible, these Loans will be made by under the Swing Line. To minimize the number of transfers of funds to and from the Lenders resulting from such borrowings and repayments, the Agent may fund daily Loans for the accounts of the Lenders and apply daily repayments of Loans to the accounts of the Lenders, other than according to the Lenders' ’ Pro Rata Percentages (i.e., without receiving from the other Lenders their Pro Rata Percentage of a Loan on the date of disbursement thereof or without paying the other Lenders their Pro Rata Percentage of a repayment of a Loan on the date of payment thereof), provided however, that no such Loan shall be made and no repayment of a Loan shall be applied other than according to the Lenders' ’ Pro Rata Percentages, if: (i) at the time of such Loan or repayment the Agent has actual knowledge of a Matured Default, or (ii) after giving effect to the requested Loan or after applying the repayment, the absolute value of the amount that would have to be reallocated to make the Loans held according to the Lenders' ’ Pro Rata Percentages, would exceed $20,000,00010,000,000; or (iii) after giving effect to the requested Loan, the Agent would hold at the end of any Business Day, (A) Loans under the Line of Credit B Term Loan exceeding its Line of Credit B Term Loan Commitment or (B) Loans under the Swing Line and the Line of Credit A exceeding its Line of Credit A Loan Commitment plus $20,000,00010,000,000.
Appears in 1 contract
Samples: Loan and Security Agreement (Premium Standard Farms, Inc.)
Equalization Transfers. (a) The Swing Line Advances, the Line of Credit A Advances and the Line of Credit B Advances (collectively "ADVANCES" “Advances” and individually, an "ADVANCE"“Advance”) shall also sometimes collectively be referred to in each case as a "LOAN" “Loan” and collectively the "LOANS"“Loans”. It is anticipated that on each Business Day Borrower may wish to borrow and repay Loans. To the extent possible, these Loans will be made by under the Swing Line. To minimize the number of transfers of funds to and from the Lenders resulting from such borrowings and repayments, the Agent may fund daily Loans for the accounts of the Lenders and apply daily repayments of Loans to the accounts of the Lenders, other than according to the Lenders' ’ Pro Rata Percentages (i.e., without receiving from the other Lenders their Pro Rata Percentage of a Loan on the date of disbursement thereof or without paying the other Lenders their Pro Rata Percentage of a repayment of a Loan on the date of payment thereof), provided however, that no such Loan shall be made and no repayment of a Loan shall be applied other than according to the Lenders' ’ Pro Rata Percentages, if: (i) at the time of such Loan or repayment the Agent has actual knowledge of a Matured Default, or (ii) after giving effect to the requested Loan or after applying the repayment, the absolute value of the amount that would have to be reallocated to make the Loans held according to the Lenders' ’ Pro Rata Percentages, would exceed $20,000,00010,000,000; or (iii) after giving effect to the requested Loan, the Agent would hold at the end of any Business Day, (A) Loans under the Line of Credit B exceeding its Line of Credit B Loan Commitment or (B) Loans under the Swing Line and the Line of Credit A exceeding its Line of Credit A Loan Commitment plus $20,000,00010,000,000.
Appears in 1 contract
Samples: Loan and Security Agreement (PSF Group Holdings Inc)
Equalization Transfers. (a) The Swing Line Advances, the Line of Credit A Advances and the Line of Credit B Advances (collectively "ADVANCES" and individually, an "ADVANCE") shall also sometimes collectively be referred to in each case as a "LOAN" and collectively the "LOANS". It is anticipated that on each Business Day the Borrower (for itself and as agent for the Co-Borrowers) may wish to borrow and repay LoansLoans on each Business Day, and that repayments will be received automatically from the accounts referred to in Section 7.1.9. To Except to the extent possibleotherwise required by this Agreement, these Loans the daily Borrowings by the Borrower will be made accommodated by under the Swing LineLine Lender by the making of Swing Line Loans. To minimize the number of transfers of funds to and from the Lenders resulting from such borrowings Borrowings and repayments, the Agent Swing Line Lender may fund daily Loans for the accounts of the Lenders and apply daily repayments of Loans to the accounts of the Lenders, Lenders other than according to the each Lenders' Pro Rata Percentages ’ Percentage (i.e., without receiving from the each such other Lenders their Pro Rata Lender’s Percentage of a Loan on the date of disbursement thereof or without paying the each such other Lenders their Pro Rata Lender’s Percentage of a repayment of a Loan on the date of payment thereof); provided, provided however, that no such Loan shall be made and no repayment of a Loan shall be applied other than according to the Lenders' Pro Rata Percentages, if: ’ Percentages if (i) at the time of such Loan the making or repayment of any Loan, the Agent has actual knowledge of a Matured Default, or (ii) after giving effect to the requested Loan or after applying the repayment, the absolute value of the amount that would have to be reallocated to make the Loans held according to the Lenders' Pro Rata Percentages, would exceed $20,000,000; or (iii) after giving effect to the requested Loan, the Agent Swing Line Lender would hold hold, at the end of any Business Day, (A) Loans under the Line of Credit B exceeding its Line Percentage of Credit B the then existing Revolving Loan Commitment or (B) Loans under Amount plus the Swing Line and the Line of Credit A exceeding its Line of Credit A Loan Commitment plus Amount, or (iii) after applying any repayment, the Swing Line Lender would hold, at the end of any Business Day, Loans of less than zero Dollars ($20,000,0000).
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