Existing Advances. The parties hereto acknowledge and agree that, effective as of the Closing Date, in order to accommodate and orderly effect the reallocations, acquisitions, increases and decreases under this Section 2.01(c), the outstanding Working Capital Loans under, and as defined in, the Existing Credit Agreement on the date hereof are (and shall be deemed to be) outstanding as Working Capital Loans made under this Agreement. Such obligations under the Existing Credit Agreement shall be assigned, renewed, extended, modified, and rearranged as Obligations outstanding under and pursuant to the terms of this Agreement. The Existing Banks have agreed among themselves, in consultation with the Co-Borrowers, to (A) reduce, increase, assign and reallocate their respective Commitments (as defined in the Existing Credit Agreement) as provided herein, (B) allow each Bank party hereto that is not an Existing Bank (each a “New Bank”) to become a Bank hereunder by acquiring an interest in the aggregate Commitments (as defined in the Existing Credit Agreement), and (C) adjust such Commitments (as defined in the Existing Credit Agreement) of the other Banks (each an “Adjusting Bank”) accordingly. The Agent, the Existing Banks, and the Co-Borrowers consent to such adjustment, increases, decreases and reallocations and, if applicable, each New Bank’s acquisition of, and each Adjusting Bank’s adjustment of, an interest in the Commitments (as defined in the Existing Credit Agreement) and the Existing Banks’ partial assignments of their respective Commitments (as defined in the Existing Credit Agreement) pursuant to this Section 2.01(c). On the Closing Date and after giving effect to such reallocations, adjustments, increases, assignments and decreases, the Working Capital Commitment and Revolving Commitment of each Bank shall be as set forth on Schedule 2.01. With respect to such reallocations, adjustments, increases, acquisitions and decreases, each New Bank and Adjusting Bank increasing its aggregate Commitments shall be deemed to have acquired the Commitments allocated to it from each of the other Banks pursuant to the terms of the Assignment and Assumptions attached as an exhibit to the Existing Credit Agreement as if each such New Bank and Adjusting Bank had executed such Assignment and Assumptions with respect to such allocation, increase, adjustment, and decrease. The Banks shall make all appropriate adjustments and payments between and among themselves to account for the revised...
Existing Advances. 3.1 On the date of execution of this Supplemental Mezzanine Facility Agreement by the Arranger, the parties acknowledge and confirm that the amount outstanding under Tranche A is £24,000,000.
Existing Advances. On the date of execution of this Second Supplemental Facility Agreement by the Arranger, the parties acknowledge and confirm that the amount outstanding under the Facility is £94,000,000.
Existing Advances. Each 1999 Lender severally agrees, on the terms and conditions hereinafter set forth, to maintain, from and after the Restatement Effective Date, the Advance made by such 1999 Lender to the Borrower pursuant to the Prior Agreement (or acquired by such Lender by way of an Assignment and Acceptance prior to the Restatement Effective Date) and outstanding immediately prior to the Restatement Effective Date. The principal amount of Advances maintained by each 1999 Lender on the date hereof is set forth opposite such 1999 Lender's name on Annex I hereto under the caption "Advances."
Existing Advances. Lender previously made one or more advances to the Departing Borrower pursuant to the Existing Credit Agreement (each, an “Advance”). As of the date hereof, the Total Outstandings under the Existing Credit Agreement equals $ (the “Existing Advances”) and the Existing Advances are hereby deemed to be made under this Agreement. Once any portion of the Loan is repaid under this Agreement (including prepayments under Section 2.02), it may not be reborrowed. The Lender has no further commitment to make any Advances hereunder, other than the Existing Advances deemed to be made pursuant hereto on the Effective Date.
Existing Advances. The parties hereto acknowledge and agree that, effective as of the Effective Date, in order to accommodate and orderly effect the reallocations, adjustments, acquisitions and decreases under this Section 2.1(e) below, (i) all outstanding Swing Line Advances under, and as defined in, the Existing Agreement on the date hereof and funded by Xxxxx Fargo are (and shall be deemed to be) outstanding as Swing Line Advances made by Xxxxx Fargo under this Agreement, (ii) all outstanding Swing Line Advances under, and as defined in, the Existing Agreement on the date hereof and funded by JPMorgan Chase Bank, N.A. or Amegy Bank National Association are required to be repaid in full by the Borrower as provided in Section 3.1(n), (iii) the outstanding Revolving Advances under, and as defined in, the Existing Agreement in an aggregate amount equal to $374,000,000 on the date hereof are (and shall be deemed to be) outstanding as Revolving Advances made under this Agreement in accordance with the Notice of Borrowing delivered by the Borrower on September 30, 2011 (which, as requested in such Notice of Borrowing, are as Eurodollar Advances until subsequently converted as provided herein) and (iv) the outstanding Revolving Advances under, and as defined in, the Existing Agreement in an aggregate amount equal to $300,000,000 on the date hereof are (and shall be deemed to be) outstanding as Term Advances made under this Agreement in accordance with the Notice of Borrowing delivered by the Borrower on September 30, 2011 (which, as requested in such Notice of Borrowing, are as Eurodollar Advances until subsequently converted as provided herein). Such Obligations under the Existing Agreement shall be assigned, renewed, extended, modified, and rearranged as Obligations outstanding under and pursuant to the terms of this Agreement. The Existing Lenders have agreed among themselves, in consultation with the Borrower, to (A) reduce, increase, assign and reallocate their respective Commitments (as defined in the Existing Agreement) as provided herein, (B) allow each Lender party hereto that is not an Existing Lender (each a “New Lender”) to become a Lender hereunder by acquiring an interest in the aggregate Commitments (as defined in the Existing Agreement), and (C) adjust such Commitments (as defined in the Existing Agreement) of the other Lenders (each an “Adjusting Lender”) accordingly. The Administrative Agent, the Existing Lenders, and the Borrower consent to such adjustment, inc...
Existing Advances. Any Advances of Revolving Credit made under the Prior Credit Agreement and which are outstanding on the Restatement Date shall continue outstanding as Advances hereunder.
Existing Advances. Without any further action on the part of the Borrower or the Lenders and so long as all conditions set forth in Section 3.1 and 3.2 have been met, the Borrower hereby requests that, on the Closing Date, the Term Lenders and the Revolving Lenders make the Term Advances (as Reference Rate Advances) in an amount equal to the aggregate Term Commitments and the Revolving Advances (as Reference Rate Advances) in the necessary amount to, and apply the proceeds of such Advances to, (i) repay all outstanding “Equipment Loan” and “Working Capital Loan” under, and as defined in, the Bilateral Agreement, (ii) pay all fees owing to the Lenders or the Administrative Agent as required under the Fee Letter and (iii) pay such other fees, costs, and accounts detailed in the initial Notice of Borrowing delivered to the Administrative Agent.
Existing Advances. The Lender has made various advances to the Borrower (the "Existing Revolving Advances") as evidenced by the Old Credit Documents. As of December 4, 1997, the outstanding principal balance of the Existing Revolving Advances was $6,639,064.86. Upon execution and delivery of this Agreement, the Existing Revolving Advances shall be deemed to be Revolving Advances made pursuant to Section 2.2 and repayable in accordance with the Revolving Note. To the extent the Revolving Note evidences the Existing Revolving Advances, the Revolving Note shall be issued in substitution for and replacement of but not in payment of the Old Credit Documents.
Existing Advances. This Agreement amends and restates the Existing Credit Agreement. Nothing in this Agreement shall be construed as a substitution or novation of the Prime Loans, USBR Loans, SOFR Loans and Bankers’ Acceptance outstanding under the Existing Credit Agreement, which shall remain outstanding under this Agreement after the Restatement Date as modified hereby. For greater certainty, notwithstanding any other provision of this Agreement, and without limitation, all “Advances” outstanding under the Existing Credit Agreement as at the Restatement Date are and shall be “Advances” under this Agreement, all “Obligations” outstanding under the Existing Credit Agreement as at the Restatement Date shall constitute and form part of the Obligations under this Agreement, and shall be secured by the Security Documents.
