Facility A Commitment. Subject to all the terms and conditions of this Loan Agreement and prior to the termination of its commitment as hereinafter provided, Bank hereby agrees to make loans (each a "Facility-A Loan") to Borrower, from time to time and in such amounts as Borrower shall request pursuant to this SECTION 1.A., up to an aggregate principal amount outstanding under the Facility-A Loan Account (as hereinafter defined) not to exceed the least of: (a) Eighty percent (80%) of Eligible Accounts (the "Borrowing Base") or (b) $5,000,000.00 (the "Facility-A Commitment"). If at any time or for any reason, the outstanding principal amount of the Facility-A Loan Account is greater than the least of: (x) the Borrowing Base or (y) the Facility-A Commitment, Borrower shall immediately pay to Bank, in cash, the amount of such excess. Any commitment of Bank, pursuant to the terms of this Loan Agreement, to make Facility-A Loans shall expire on the Facility-A Maturity Date (as hereinafter defined), subject to Bank's right to renew said commitment in its sole and absolute discretion at Borrower's request. Any such renewal of said commitment shall not be binding upon Bank unless it is in writing and signed by an officer of Bank. Provided that no Event of Default (as hereinafter defined) has occurred and is continuing, all or any portion of the Facility-A Loans advanced by Bank which are repaid by Borrower shall be available for reborrowing in accordance with the terms hereof. Borrower promises to pay to Bank the entire outstanding unpaid principal balance (and all accrued unpaid interest thereon) of the Facility-A Loan Account on October 14, 1999 ("Facility- A Maturity Date").
Facility A Commitment. The Banks agree, severally, in accordance with their respective Commitment Ratios, and not jointly, upon the terms and subject to the conditions of this Agreement, to lend to the Borrower, prior to the Maturity Date, an amount not to exceed at any one time outstanding, in the aggregate, the Facility A Commitment. The Borrower hereby acknowledges that all "Obligations" in respect of "Advances" outstanding on the Agreement Date under the "Facility A Commitment" (as such terms are defined in the Prior Loan Agreement) shall be deemed to have been made to the Borrower as Advances under the Facility A Commitment hereunder and shall constitute a portion of the Obligations. Subject to the terms and conditions hereof, Advances under the Facility A Commitment may be repaid and reborrowed from time to time on a revolving basis.
Facility A Commitment. Relying on each of the representations and warranties set out in ARTICLE 2 and subject to the terms of this Agreement, each Lender, severally and not jointly, agrees to make its Facility A Commitment under the Facility A Credit available to the Canadian Borrower, on a revolving basis, during the period from the date hereof until the Facility A Termination Date:
3.1.1.1 in CDollars by way of Canadian Rate Advances;
3.1.1.2 in USDollars by way of US Base Rate Advances;
3.1.1.3 in CDollars by way of Acceptance of Bankers’ Acceptances or, as the case may be, BA Equivalent Advances;
3.1.1.4 in USDollars by way of SOFR Advances; and
3.1.1.5 by way of Letters of Credit in CDollars or USDollars (subject to ARTICLE 11); provided that a Lender shall have no obligation (a) to make any Facility A Advance if at any time the amount thereof exceeds its then Facility A Available Commitment; or (b) to make any Advance, Conversion Advance or Rollover Advance under Facility A Credit at any time that a Default or an Event of Default has occurred and is continuing (without having been cured or waived as provided in this Agreement).
Facility A Commitment. Subject to all the terms and conditions of this Restated Loan Agreement and prior to the termination of its commitment as hereinafter provided, Bank hereby agrees to make loans (each a "Facility-A Loan") to Borrower in such amounts as Borrower shall request pursuant to this Section 1.A. at any time from the date hereof through October 5, 1998 (the "Facility-A Availability End Date"), in an aggregate principal amount not to exceed $750,000.00 (the "Facility-A Commitment"). If at any time or for any reason, the outstanding principal amount of the Facility-A Loan Account (as hereinafter defined) is greater than the Facility-A Commitment, Borrower shall immediately pay to Bank, in cash, the amount of such excess. Any commitment of Bank, pursuant to the terms of this Restated Loan Agreement, to make Facility-A Loans shall expire on the Facility-A Availability End Date, subject to Bank's right to renew said commitment in its sole and absolute discretion at Borrower's request. Any such renewal of said commitment shall not be binding upon Bank unless it is in writing and signed by an officer of Bank. Facility-A Loans that are repaid by Borrower may not be reborrowed. Borrower promises to pay to Bank the outstanding unpaid principal balance (and all accrued unpaid interest thereon) of the Facility-A Loan Account on or before October 5, 2001 ("Facility- A Maturity Date").
Facility A Commitment. On the Closing Date, each Facility A Lender severally (and not jointly) agrees, on the terms and conditions set forth in this Agreement, to make a term Loan to the Borrower under Facility A in an amount not to exceed the amount of its Facility A Commitment. Loans under Facility A shall be (i) applied as set forth in Section 6.2, (ii) evidenced by the Facility A Notes and (iii) secured pursuant to the terms of the Collateral Documents. Principal payments made on Advances made under Facility A may not be reborrowed.
Facility A Commitment. From and including the date of this Agreement and prior to the Revolving Credit Termination Date, each Facility A Lender severally agrees, on the terms and conditions set forth in this Agreement, to make Loans to the Borrower under Facility A from time to time in amounts not to exceed in the aggregate at any one time outstanding the amount of its Facility A Commitment. Subject to the terms of this Agreement, the Borrower may borrow, repay and reborrow under Facility A at any time prior to the Revolving Credit Termination Date. The Facility A Commitments to lend hereunder shall expire on the Revolving Credit Termination Date. Principal payments made after the Revolving Credit Termination Date on Advances made under Facility A may not be reborrowed.
Facility A Commitment. (a) On the terms and subject to the conditions of this Agreement (including, without limitation, Section 2.1.4 and Section 8.1.11), from time to time on any Business Day occurring prior to the Facility A Commitment Termination Date, each Lender will make loans (relative to such Lender, its “Facility A Loans”) to the Borrower in an aggregate principal amount not to exceed at anytime outstanding the lesser of (a) the amount set forth opposite such Lender’s name on Schedule I under the caption “Facility A Commitment” (such amount as the same may be reduced hereunder or as reduced or increased as a result of one or more assignments under Section 11.11.1, such Lender’s “Facility A Commitment”), and (b) such Lender’s pro rata portion of an amount equal to (i) the Borrowing Base minus (ii) the Effective Amount of all Facility C Working Capital Loans. On the terms and subject to the conditions hereof, the Borrower may from time to time borrow, prepay and reborrow Facility A Loans.
Facility A Commitment. The Banks agree, severally, in accordance with their respective Commitment Ratios, and not jointly, upon the terms and subject to the conditions of this Agreement, to lend to the Borrower, prior to the Maturity Date, an amount not to exceed at any one time outstanding, in the aggregate, the Facility A Commitment. Subject to the terms and conditions hereof, Advances under the Facility A Commitment may be repaid and reborrowed from time to time on a revolving basis.
Facility A Commitment. The Lender agrees, on the terms and conditions set forth herein, to make loans to the Borrower from time to time before the Facility A Termination Date; PROVIDED that, immediately after each such loan is made, the aggregate outstanding principal amount of such loans shall not exceed the amount of the Facility A Commitment (the loans described in this Section 2.1(a) are referred to herein as "Facility A Loans"). Within the foregoing limits and subject to paragraph (c) of this Section, the Borrower may borrow under this Section 2.1(a), repay and reborrow Facility A Loans under this Section 2.1(a) at any time before the Facility A Termination Date. The proceeds of the initial Facility A Borrowing hereunder shall be used only for the refinancing of Consolidated Debt outstanding on the date of this Agreement, the purchase of properties by the Borrower from the Partnership as part of the Combination, and to pay closing costs relating to or arising out of the Combination, the Senior Note Agreement and this Agreement. The proceeds of all subsequent Facility A Borrowings shall be used only for the funding the costs of Permitted Acquisitions and Capital Expenditures.
Facility A Commitment. (a) On the terms and subject to the conditions of this Agreement (including, without limitation, Section 2.1.3), from time to time on any ------------- Business Day occurring prior to the Facility A Commitment Termination Date, each Lender will make loans (relative to such Lender, its "Facility A ---------- Loans") to the Borrower in an aggregate principal amount not to exceed at ----- anytime outstanding the lesser of (a) the amount set forth opposite such Lender's name on Schedule 2.1.1 under the caption "Facility A Commitment" -------------- (such amount as the same may be reduced hereunder or as reduced or increased as a result of one or more assignments, under Section 11.11.1, --------------- such Lender's "Facility A Commitment"), and (b) such Lender's pro rata --------------------- portion of the Facility A Borrowing Base. On the terms and subject to the conditions hereof, the Borrower may from time to time borrow, prepay and reborrow Facility A Loans.
(b) The Borrower shall deliver a Borrowing Base Certificate to the Agent prior to the Effective Date to permit the Agent to determine the Facility A Borrowing Base to be in effect on the Effective Date and, thereafter, shall deliver Borrowing Base Certificates and such other materials to the Agent in accordance with the provisions of Section ------- 8.1.1
