Common use of Funding of the Revolving Loans Clause in Contracts

Funding of the Revolving Loans. (a) On the terms and conditions hereinafter set forth (including, without limitation, the conditions set forth in Sections 3.1 and 3.2), the Borrower may, at its option, request an advance of a loan or loans (individually a “Revolving Loan” and collectively the “Revolving Loans”) pursuant to, and in accordance with, the terms of Section 2.3. On the terms and conditions hereinafter set forth (including, without limitation, the conditions set forth in Sections 3.1 and 3.2), each Lender severally agrees to make Revolving Loans to the Borrower on a revolving basis from time to time as requested by the Borrower during the period from the date hereof to but not including the Termination Date in an aggregate amount not to exceed at any time outstanding the amount equal to the lesser of (i) such Lender’s Commitment and (ii) such Lender’s Applicable Percentage of the Borrowing Base; provided, that under no circumstances shall any Lender make a Revolving Loan if, after giving effect to the Funding of such Revolving Loan, the Aggregate Loan Amount would exceed the lesser of (i) the Aggregate Commitments and (ii) the Borrowing Base. As provided in Section 2.3 and subject to Section 2.10(e), each Funding of Revolving Loans shall consist of Eurodollar Loans. Upon the occurrence of an Amortization Event or the declaration of the Termination Date, the Borrower may not request and the Lender shall not be required to effect any Funding. (b) The Borrower may, within 60 days, but no later than 45 days, prior to the then existing Commitment Termination Date, by written notice to the Deal Agent and the Lenders, make written request for the Lenders to extend the Commitment Termination Date for an additional period as specified by the Borrower. The Lenders shall make a determination, in their respective sole discretion, not less than 15 days prior to the then applicable Commitment Termination Date as to whether or not they will agree to extend the Commitment Termination Date; provided, however, that the failure of a Lender, or the Deal Agent on its behalf, to make a timely response to the Borrower’s request for extension of the Commitment Termination Date shall be deemed to constitute a refusal by the Lenders to extend the Commitment Termination Date. If each Lender agrees to extend the Commitment Termination Date in accordance with the Borrower’s request made pursuant to the first sentence of this clause (b), the Commitment Termination Date then in effect shall be extended to the date that is the last day of the additional time period specified by the Borrower pursuant to this clause (b) or, if such day is not a Business Day, the next preceding Business Day.

Appears in 3 contracts

Samples: Loan and Security Agreement (Credit Acceptance Corp), Loan and Security Agreement (Credit Acceptance Corp), Loan and Security Agreement (Credit Acceptance Corp)

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Funding of the Revolving Loans. (a) On the terms and conditions hereinafter set forth (including, without limitation, the conditions set forth in Sections 3.1 and 3.2), the Borrower may, at its option, request an advance of a loan or loans (individually a “Revolving Loan” and collectively the “Revolving Loans”) pursuant to, and in accordance with, the terms of Section 2.3. On the terms and conditions hereinafter set forth (including, without limitation, the conditions set forth in Sections 3.1 and 3.2), each Lender severally agrees to make Revolving Loans to the Borrower on a revolving basis from time to time as requested by the Borrower during the period from the date hereof to but not including the Termination Date in an aggregate amount not to exceed at any time outstanding the amount equal to the lesser of (i) such Lender’s Commitment and (ii) such Lender’s Applicable Percentage of the Borrowing Base; provided, that under no circumstances shall any Lender make a Revolving Loan if, after giving effect to the Funding of such Revolving Loan, the Aggregate Loan Amount would exceed the lesser of (i) the Aggregate Commitments and (ii) the Borrowing Base. As provided in Section 2.3 and subject to Section 2.10(e), each Funding of Revolving Loans shall consist of Eurodollar EurodollarDaily SOFR Loans. Upon the occurrence of an Amortization Event or the declaration of the Termination Date, the Borrower may not request and the Lender shall not be required to effect any Funding. (b) The Borrower may, within 60 days, but no later than 45 days, prior to the then existing Commitment Termination Date, by written notice to the Deal Agent and the Lenders, make written request for the Lenders to extend the Commitment Termination Date for an additional period as specified by the Borrower. The Lenders shall make a determination, in their respective sole discretion, not less than 15 days prior to the then applicable Commitment Termination Date as to whether or not they will agree to extend the Commitment Termination Date; provided, however, that the failure of a Lender, or the Deal Agent on its behalf, to make a timely response to the Borrower’s request for extension of the Commitment Termination Date shall be deemed to constitute a refusal by the Lenders to extend the Commitment Termination Date. If each Lender agrees to extend the Commitment Termination Date in accordance with the Borrower’s request made pursuant to the first sentence of this clause (b), the Commitment Termination Date then in effect shall be extended to the date that is the last day of the additional time period specified by the Borrower pursuant to this clause (b) or, if such day is not a Business Day, the next preceding Business Day.

Appears in 1 contract

Samples: Loan and Security Agreement (Credit Acceptance Corp)

Funding of the Revolving Loans. (ai) On the terms and conditions hereinafter set forth (including, without limitation, the conditions set forth in Sections 3.1 and 3.2), the Borrower may, at its option, on the Closing Date and on any Funding Date request an advance of a loan or loans (individually a “Revolving Loan” and collectively the “Revolving Loans”) pursuant to, and in accordance with, the terms of to Section 2.3. On the terms and conditions hereinafter set forth (including, without limitation, the conditions set forth in Sections Section 3.1 and 3.2), each the Lender severally agrees to make Revolving Loans to the Borrower on a revolving basis from time to time as requested by the Borrower during the period from the date hereof to but not including the Termination Date in an aggregate amount not to exceed at any time outstanding the amount equal to the lesser of (i) such Lender’s Commitment and (ii) such Lender’s Applicable Percentage of the Borrowing Base; provided, that under Date. Under no circumstances shall any the Lender make a Revolving Loan if, after giving effect to the Funding of such Revolving Loan, the Aggregate Loan Amount would exceed the lesser of (i) the Aggregate Commitments Commitment and (ii) the Borrowing Base. As provided in Section 2.3 and subject to Section 2.10(e), each Funding of Revolving Loans shall consist of Eurodollar Loans. Upon the occurrence of an Amortization Event or the declaration of the Termination Date, the Borrower may not request and the Lender shall not be required to effect any Funding. (b) The Borrower may, within 60 days, but no later than 45 days, prior to the then existing Commitment Termination Date, by written notice to the Deal Agent and the LendersLender, make written request for the Lenders Lender to extend the Commitment Termination Date for an additional period as specified by the Borrower. The Lenders Lender shall make a determination, in their respective its sole discretion, not less than 15 days prior to the then applicable Commitment Termination Date as to whether or not they it will agree to extend the Commitment Termination Date; provided, however, that the failure of a Lender, or the Deal Agent on its behalf, to make a timely response to the Borrower’s request for extension of the Commitment Termination Date shall be deemed to constitute a refusal by the Lenders Lender to extend the Commitment Termination Date. If each the Lender agrees to extend the Commitment Termination Date in accordance with the Borrower’s request made pursuant to the first sentence of this clause (b)i) above, the Commitment Termination Date then in effect shall be extended to the date that is the last day of the additional time period specified by the Borrower pursuant to this clause (b) or, if such day is not a Business Day, the next preceding Business Day.

Appears in 1 contract

Samples: Loan and Security Agreement (Credit Acceptance Corp)

Funding of the Revolving Loans. (a) On the terms and conditions hereinafter set forth (including, without limitation, the conditions set forth in Sections 3.1 and 3.2), the Borrower may, at its option, request an advance of a loan or loans (individually a “Revolving Loan” and collectively the “Revolving Loans”) pursuant to, and in accordance with, the terms of Section 2.3. On the terms and conditions hereinafter set forth (including, without limitation, the conditions set forth in Sections 3.1 and 3.2), each Lender severally agrees to make Revolving Loans to the Borrower on a revolving basis from time to time as requested by the Borrower during the period from the date hereof to but not including the Termination Date in an aggregate amount not to exceed at any time outstanding the amount equal to the lesser of (i) such Lender’s Commitment and (ii) such Lender’s Applicable Percentage of the Borrowing Base; provided, that under no circumstances shall any Lender make a Revolving Loan if, after giving effect to the Funding of such Revolving Loan, the Aggregate Loan Amount would exceed the lesser of (i) the Aggregate Commitments and (ii) the Borrowing Base. As provided in Section 2.3 and subject to Section 2.10(e), each Funding of Revolving Loans shall consist of Eurodollar EurodollarBenchmark Loans. Upon the occurrence of an Amortization Event or the declaration of the Termination Date, the Borrower may not request and the Lender shall not be required to effect any Funding. (b) The Borrower may, within 60 days, but no later than 45 days, prior to the then existing Commitment Termination Date, by written notice to the Deal Agent and the Lenders, make written request for the Lenders to extend the Commitment Termination Date for an additional period as specified by the Borrower. The Lenders shall make a determination, in their respective sole discretion, not less than 15 days prior to the then applicable Commitment Termination Date as to whether or not they will agree to extend the Commitment Termination Date; provided, however, that the failure of a Lender, or the Deal Agent on its behalf, to make a timely response to the Borrower’s request for extension of the Commitment Termination Date shall be deemed to constitute a refusal by the Lenders to extend the Commitment Termination Date. If each Lender agrees to extend the Commitment Termination Date in accordance with the Borrower’s request made pursuant to the first sentence of this clause (b), the Commitment Termination Date then in effect shall be extended to the date that is the last day of the additional time period specified by the Borrower pursuant to this clause (b) or, if such day is not a Business Day, the next preceding Business Day.

Appears in 1 contract

Samples: Loan and Security Agreement (Credit Acceptance Corp)

Funding of the Revolving Loans. (ai) On the terms and conditions hereinafter set forth (including, without limitation, the conditions set forth in Sections 3.1 and 3.2), the Borrower may, at its option, on the Closing Date and on any Funding Date request an advance of a loan or loans (individually a “Revolving Loan” and collectively the “Revolving Loans”) pursuant to, and in accordance with, the terms of to Section 2.3. On the terms and conditions hereinafter set forth (including, without limitation, the conditions set forth in Sections Section 3.1 and 3.2), each the Lender severally agrees to make Revolving Loans to the Borrower on a revolving basis from time to time as requested by the Borrower during the period from the date hereof to but not including the Termination Date in an aggregate amount not to exceed at any time outstanding the amount equal to the lesser of (i) such Lender’s Commitment and (ii) such Lender’s Applicable Percentage of the Borrowing Base; provided, that under Date. Under no circumstances shall any the Lender make a Revolving Loan if, after giving effect to the Funding of such Revolving Loan, the Aggregate Loan Amount would exceed the lesser of (i) the Aggregate Commitments Commitment and (ii) the Borrowing Base. As provided in Section 2.3 and subject to Section 2.10(e), each Funding of Revolving Loans shall consist of Eurodollar Loans. Upon the occurrence of an Amortization Event or the declaration of the Termination Date, the Borrower may not request and the Lender shall not be required to effect any Funding. (b) The Borrower may, within 60 180 days, but no later than 45 90 days, prior to the then existing Commitment Termination Date, by written notice to the Deal Agent and the LendersLender, make written request for the Lenders Lender to extend the Commitment Termination Date for an additional period as specified by the Borrower. The Lenders Lender shall make a determination, in their respective its sole discretion, not less than 15 30 days prior to the then applicable Commitment Termination Date as to whether or not they it will agree to extend the Commitment Termination Date; provided, however, that the failure of a the Lender, or the Deal Agent on its behalf, to make a timely response to the Borrower’s request for extension of the Commitment Termination Date shall be deemed to constitute a refusal by the Lenders Lender to extend the Commitment Termination Date. If each the Lender agrees to extend the Commitment Termination Date in accordance with the Borrower’s request made pursuant to the first sentence of this clause (b), the Commitment Termination Date then in effect shall be extended to the date that is the last day of the additional time period specified by the Borrower pursuant to the first sentence of this clause (b) or, if such day is not a Business Day, the next preceding Business Day.

Appears in 1 contract

Samples: Loan and Security Agreement (Credit Acceptance Corp)

Funding of the Revolving Loans. (a) On the terms and conditions hereinafter set forth (including, without limitation, the conditions set forth in Sections 3.1 and 3.2), the Borrower may, at its option, request an advance of a loan or loans (individually a “Revolving Loan” and collectively the “Revolving Loans”) pursuant to, and in accordance with, the terms of Section 2.3. On the terms and conditions hereinafter set forth (including, without limitation, the conditions set forth in Sections 3.1 and 3.2), each Lender severally agrees to make Revolving Loans to the Borrower on a revolving basis from time to time as requested by the Borrower during the period from the date hereof to but not including the Termination Date in an aggregate amount not to exceed at any time outstanding the amount equal to the lesser of (i) such Lender’s Commitment and (ii) such Lender’s Applicable Percentage of the Borrowing Base; provided, that under no circumstances shall any Lender make a Revolving Loan if, after giving effect to the Funding of such Revolving Loan, the Aggregate Loan Amount would exceed the lesser of (i) the Aggregate Commitments and (ii) the Borrowing Base. As provided in Section 2.3 and subject to Section 2.10(e), each Funding of Revolving Loans shall consist of Eurodollar Benchmark Loans. Upon the occurrence of an Amortization Event or the declaration of the Termination Date, the Borrower may not request and the Lender shall not be required to effect any Funding. (b) The Borrower may, within 60 days, but no later than 45 days, prior to the then existing Commitment Termination Date, by written notice to the Deal Agent and the Lenders, make written request for the Lenders to extend the Commitment Termination Date for an additional period as specified by the Borrower. The Lenders shall make a determination, in their respective sole discretion, not less than 15 days prior to the then applicable Commitment Termination Date as to whether or not they will agree to extend the Commitment Termination Date; provided, however, that the failure of a Lender, or the Deal Agent on its behalf, to make a timely response to the Borrower’s request for extension of the Commitment Termination Date shall be deemed to constitute a refusal by the Lenders to extend the Commitment Termination Date. If each Lender agrees to extend the Commitment Termination Date in accordance with the Borrower’s request made pursuant to the first sentence of this clause (b), the Commitment Termination Date then in effect shall be extended to the date that is the last day of the additional time period specified by the Borrower pursuant to this clause (b) or, if such day is not a Business Day, the next preceding Business Day.

Appears in 1 contract

Samples: Loan and Security Agreement (Credit Acceptance Corp)

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Funding of the Revolving Loans. (a) On the terms and conditions hereinafter set forth (including, without limitation, the conditions set forth in Sections 3.1 and 3.2), the Borrower may, at its option, request an advance of a loan or loans (individually a “Revolving Loan” and collectively the “Revolving Loans”) pursuant to, and in accordance with, the terms of Section 2.3. On the terms and conditions hereinafter set forth (including, without limitation, the conditions set forth in Sections 3.1 and 3.2), each Lender severally agrees to make Revolving Loans to the Borrower on a revolving basis from time to time as requested by the Borrower during the period from the date hereof to but not including the Termination Date in an aggregate amount not to exceed at any time outstanding the amount equal to the lesser of (i) such Lender’s Commitment and (ii) such Lender’s Applicable Percentage of the Borrowing Base; provided, that under no circumstances shall any Lender make a Revolving Loan if, after giving effect to the Funding of such Revolving Loan, the Aggregate Loan Amount would exceed the lesser of (i) the Aggregate Commitments and (ii) the Borrowing Base. As provided in Section 2.3 and subject to Section 2.10(e), each Funding of Revolving Loans shall consist of Eurodollar Daily SOFR Loans. Upon the occurrence of an Amortization Event or the declaration of the Termination Date, the Borrower may not request and the Lender shall not be required to effect any Funding. (b) The Borrower may, within 60 days, but no later than 45 days, prior to the then existing Commitment Termination Date, by written notice to the Deal Agent and the Lenders, make written request for the Lenders to extend the Commitment Termination Date for an additional period as specified by the Borrower. The Lenders shall make a determination, in their respective sole discretion, not less than 15 days prior to the then applicable Commitment Termination Date as to whether or not they will agree to extend the Commitment Termination Date; provided, however, that the failure of a Lender, or the Deal Agent on its behalf, to make a timely response to the Borrower’s request for extension of the Commitment Termination Date shall be deemed to constitute a refusal by the Lenders to extend the Commitment Termination Date. If each Lender agrees to extend the Commitment Termination Date in accordance with the Borrower’s request made pursuant to the first sentence of this clause (b), the Commitment Termination Date then in effect shall be extended to the date that is the last day of the additional time period specified by the Borrower pursuant to this clause (b) or, if such day is not a Business Day, the next preceding Business Day.

Appears in 1 contract

Samples: Loan and Security Agreement (Credit Acceptance Corp)

Funding of the Revolving Loans. (a) On the terms and conditions hereinafter set forth (including, without limitation, the conditions set forth in Sections 3.1 and 3.2), the Borrower may, at its option, on the Closing Date and on any Funding Date request an advance of a loan or loans (individually a “Revolving Loan” and collectively the “Revolving Loans”) pursuant to, and in accordance with, the terms of to Section 2.3. On the terms and conditions hereinafter set forth (including, without limitation, the conditions set forth in Sections 3.1 and 3.2), each Conduit Lender severally agrees may in its sole discretion, and each Committed Lender shall, if the Conduit Lender (if any) in its related Lender Group elects not to (or if there is no Conduit Lender in its related Lender Group), make Revolving Loans to the Borrower on a revolving basis from time to time as requested by the Borrower during the period from the date hereof to but not including the Termination Date Revolving Period in an aggregate amount not to exceed at any time outstanding the amount amount, for each Lender Group, equal to the lesser of (i) such Lender’s its Lender Group Commitment and (ii) such Lender’s Applicable Percentage of the Borrowing Base; provided, that under amount so requested by the Borrower. Under no circumstances shall any Lender make a Revolving Loan if, after giving effect to the Funding of such Revolving Loan: (i) the aggregate outstanding principal amount of the Revolving Loans funded or maintained by such Lender hereunder would exceed (x) if such Lender is a Conduit Lender, its Conduit Lender Lending Limit or (y) if such Lender is a Committed Lender, the lesser of (A) its Commitment and (B) its Commitment minus such Committed Lender’s ratable share of the aggregate outstanding principal amount of the Revolving Loans funded or maintained by the Conduit Lender(s) (if any) in such Committed Lender’s Lender Group; or (ii) (A) the Class A Aggregate Loan Amount would exceed the lesser of (ix) the aggregate of the Class A Commitments or (y) the Class A Borrowing Base, (B) the Class B Aggregate Loan Amount would exceed the lesser of (x) the aggregate of the Class B Commitments and (y) the Class B Borrowing Base or (C) the Aggregate Commitments and Loan Amount would exceed the Aggregate Commitment. If there is more than one Committed Lender in any Lender Group, each such Committed Lender shall lend its Pro Rata Share of such Lender Group’s Lender Group Commitment Percentage of each requested Revolving Loan, except to the extent such Loan is funded by the related Conduit Lender(s) (iiif any) the Borrowing Basein such Lender Group. As provided in Section 2.3 and subject to Section 2.10(e2.10(d), each Funding of Revolving Loans shall consist of CP Rate Loans or Eurodollar Loans. Upon the occurrence of an Amortization Event or the declaration of the a Termination DateEvent, the Borrower may not request and the no Lender shall not be required to effect any Funding. (b) The Each Lender (or its related Managing Agent) shall maintain an account or accounts evidencing the indebtedness of the Borrower mayto such Lender resulting from each Revolving Loan made by such Lender from time to time, within 60 days, but no later than 45 days, prior to including the then existing Commitment Termination Date, by written notice to the Deal Agent outstanding principal amount of such Loans and the Lendersamount of Interest and Class A Program Fees or Class B Program Fees, make written request for as applicable, payable and paid to such Lender from time to time hereunder. The entries made in such accounts of the Lenders to extend the Commitment Termination Date for an additional period as specified (or by the Borrower. The Lenders related Managing Agents) shall make a determination, in their respective sole discretion, not less than 15 days prior to be prima facie evidence of the then applicable Commitment Termination Date as to whether or not they will agree to extend existence and amounts of the Commitment Termination Dateobligations recorded therein; provided, however, that the failure of a Lender, any Lender (or its Managing Agent) to maintain such accounts or any error therein shall not in any manner affect the Deal Agent on its behalf, to make a timely response to the Borrower’s request for extension obligation of the Commitment Termination Date shall be deemed Borrower to constitute a refusal by repay the Lenders to extend the Commitment Termination Date. If each Lender agrees to extend the Commitment Termination Date Loans in accordance with the Borrower’s request made pursuant to the first sentence terms of this clause Agreement; and provided further, in the event of any inconsistency between the Register and any Lender’s (b)or Managing Agent’s) records, the Commitment Termination Date then recordations in effect the Register shall be extended to the date that is the last day of the additional time period specified by the Borrower pursuant to this clause (b) or, if such day is not a Business Day, the next preceding Business Daygovern.

Appears in 1 contract

Samples: Loan and Security Agreement (Credit Acceptance Corp)

Funding of the Revolving Loans. (ai) On the terms and conditions hereinafter set forth (including, without limitation, the conditions set forth in Sections 3.1 and 3.2), the Borrower may, at its option, on the Closing Date and on any Funding Date request an advance of a loan or loans (individually a “Revolving Loan” and collectively the “Revolving Loans”) pursuant to, and in accordance with, the terms of to Section 2.3. On the terms and conditions hereinafter set forth (including, without limitation, the conditions set forth in Sections Section 3.1 and 3.2), each the Lender severally agrees to make Revolving Loans to the Borrower on a revolving basis from time to time as requested by the Borrower during the period from the date hereof to but not including the Termination Date in an aggregate amount not to exceed at any time outstanding the amount equal to the lesser of (i) such Lender’s Commitment and (ii) such Lender’s Applicable Percentage of the Borrowing Base; provided, that under Date. Under no circumstances shall any the Lender make a Revolving Loan if, after giving effect to the Funding of such Revolving Loan, the Aggregate Loan Amount would exceed the lesser of (i) the Aggregate Commitments Commitment and (ii) the Borrowing Base. As provided in Section 2.3 and subject to Section 2.10(e), each Funding of Revolving Loans shall consist of Eurodollar Benchmark Loans. Upon the occurrence of an Amortization Event or the declaration of the Termination Date, the Borrower may not request and the Lender shall not be required to effect any Funding. (b) The Borrower may, within 60 180 days, but no later than 45 90 days, prior to the then existing Commitment Termination Date, by written notice to the Deal Agent and the LendersLender, make written request for the Lenders Lender to extend the Commitment Termination Date for an additional period as specified by the Borrower. The Lenders Lender shall make a determination, in their respective its sole discretion, not less than 15 30 days prior to the then applicable Commitment Termination Date as to whether or not they it will agree to extend the Commitment Termination Date; provided, however, that the failure of a the Lender, or the Deal Agent on its behalf, to make a timely response to the Borrower’s request for extension of the Commitment Termination Date shall be deemed to constitute a refusal by the Lenders Lender to extend the Commitment Termination Date. If each the Lender agrees to extend the Commitment Termination Date in accordance with the Borrower’s request made pursuant to the first sentence of this clause (b), the Commitment Termination Date then in effect shall be extended to the date that is the last day of the additional time period specified by the Borrower pursuant to the first sentence of this clause (b) or, if such day is not a Business Day, the next preceding Business Day.

Appears in 1 contract

Samples: Loan and Security Agreement (Credit Acceptance Corp)

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