Common use of General Description of Facilities Clause in Contracts

General Description of Facilities. Subject to and upon the terms and conditions herein set forth, (i) the Lenders hereby establish in favor of the Borrower a revolving credit facility pursuant to which each Lender severally agrees (to the extent of such Lender’s Revolving Commitment) to make Revolving Loans to the Borrower in accordance with Section 2.2, (ii) the Issuing Bank may issue Letters of Credit in accordance with Section 2.22, (iii) the Swingline Lender may make Swingline Loans in accordance with Section 2.4, (iv) each Lender agrees to purchase a participation interest in the Letters of Credit and the Swingline Loans pursuant to the terms and conditions hereof; provided, that in no event shall the aggregate principal amount of all outstanding Revolving Loans, Swingline Loans and outstanding LC Exposure exceed the Aggregate Revolving Commitments in effect from time to time; and (v) each Lender severally agrees to make a Term Loan to the Borrower on the Closing Date in a principal amount not exceeding such Lender’s Term Loan Commitment.

Appears in 4 contracts

Samples: Credit Agreement (Malibu Boats, Inc.), Credit Agreement (Malibu Boats, Inc.), Credit Agreement (Health Management Associates Inc)

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General Description of Facilities. Subject to and upon the terms and conditions herein set forth, (i) the Lenders hereby establish in favor of the Borrower a revolving credit facility pursuant to which each Lender severally agrees (to the extent of such Lender’s Revolving Commitment) to make Revolving Loans to the Borrower in accordance with Section 2.2, (ii) the Issuing Bank may agrees to issue Letters of Credit in accordance with Section 2.22, (iii) the Swingline Lender may agrees to make Swingline Loans in accordance with Section 2.4, (iv) each Lender agrees to purchase a participation interest in the Letters of Credit and the Swingline Loans pursuant to the terms and conditions hereof; provided, that in no event shall the aggregate principal amount of all outstanding Revolving Loans, Swingline Loans and outstanding LC Exposure exceed at any time the Aggregate Revolving Commitments in effect Commitment Amount from time to timetime in effect; and (v) each Lender severally agrees to make a Term Loan to the Borrower on the Closing Date in a principal amount not exceeding such Lender’s Term Loan CommitmentCommitment on the Closing Date.

Appears in 3 contracts

Samples: Credit Agreement (Piper Jaffray Companies), Revolving Credit and Term Loan Agreement (Tc Pipelines Lp), Revolving Credit and Term Loan Agreement (Tc Pipelines Lp)

General Description of Facilities. Subject to and upon the terms and conditions herein set forth, (i) the Lenders hereby establish in favor of the Borrower a revolving credit facility pursuant to which each Lender the Lenders severally agrees agree (to the extent of such Lender’s Revolving Commitment) to make Revolving Loans to the Borrower in accordance with Section 2.2, (ii) the Issuing Bank may agrees to issue Letters of Credit in accordance with Section 2.222.23, (iii) the Swingline Lender may agrees to make Swingline Loans in accordance with Section 2.4, and (iv) each Lender agrees to purchase a participation interest in the Letters of Credit and the Swingline Loans pursuant to the terms and conditions hereof; provided, that in no event shall the aggregate principal amount of all outstanding Revolving Loans, Swingline Loans and outstanding LC Exposure Exposures exceed at any time the Aggregate Revolving Commitments in effect from time to time; and (v) each Lender severally agrees to make a Term Loan to the Borrower on the Closing Date time in a principal amount not exceeding such Lender’s Term Loan Commitmenteffect.

Appears in 3 contracts

Samples: Revolving Credit Agreement (Deltic Timber Corp), Revolving Credit Agreement (Deltic Timber Corp), Revolving Credit Agreement (Deltic Timber Corp)

General Description of Facilities. Subject to and upon the terms and conditions herein set forth, (i) the Lenders hereby establish in favor of the Borrower a revolving credit facility pursuant to which each Lender severally agrees (to the extent of such Lender’s Revolving Commitment) to make Revolving Loans to the Borrower in accordance with Section 2.2, ; (ii) the Issuing Bank may issue Letters of Credit in accordance with Section 2.22, 2.21; (iii) the Swingline Lender may make Swingline Loans in accordance with Section 2.4, ; and (iv) each Lender agrees to purchase a participation interest in the Letters of Credit and the Swingline Loans pursuant to the terms and conditions hereof; provided, provided that in no event shall the aggregate principal amount of all outstanding Revolving Loans, Swingline Loans and outstanding LC Exposure exceed the Aggregate Revolving Commitments Commitment Amount in effect from time to time; and (v) each Lender severally agrees to make a Term Loan to the Borrower on the Closing Date in a principal amount not exceeding such Lender’s Term Loan Commitment.

Appears in 3 contracts

Samples: Credit Agreement, Credit Agreement (Landmark Infrastructure Partners LP), Credit Agreement (Landmark Infrastructure Partners LP)

General Description of Facilities. Subject to and upon the terms and conditions herein set forth, (i) the Lenders hereby establish in favor of the Borrower a revolving credit facility pursuant to which each Lender severally agrees (to the extent of such Lender’s Revolving Commitment) to make Revolving Loans to the Borrower in accordance with Section 2.2, ; (ii) the Issuing Bank may issue Letters of Credit in accordance with Section 2.22, ; (iii) the Swingline Lender may make Swingline Loans in accordance with Section 2.4, ; (iv) each Lender agrees to purchase a participation interest in the Letters of Credit and the Swingline Loans pursuant to the terms and conditions hereof; provided, provided that in no event shall the aggregate principal amount of all outstanding Revolving Loans, Swingline Loans and outstanding LC Exposure exceed the Aggregate Revolving Commitments Commitment Amount in effect from time to time; , and (v) each Lender severally agrees to make a Incremental Term Loan to commitments may be established as provided in Section 2.23 and the Borrower on the Closing Date Incremental Term Loans thereunder shall be made in a principal amount not exceeding accordance with such Lender’s Term Loan CommitmentSection.

Appears in 3 contracts

Samples: Credit Agreement (LendingTree, Inc.), Credit Agreement (LendingTree, Inc.), Credit Agreement (LendingTree, Inc.)

General Description of Facilities. Subject to and upon the terms and conditions herein set forth, (i) the Lenders hereby establish in favor of the Borrower a revolving credit facility pursuant to which each Lender severally agrees (to the extent of such Lender’s Revolving Commitment) to make Revolving Loans to the Borrower in accordance with Section 2.2, (ii) the Issuing Bank may agrees to issue Letters of Credit in accordance with Section 2.22, (iii) the Swingline Lender may agrees to make Swingline Loans in accordance with Section 2.4, (iv) each Lender agrees to purchase a participation interest in the Letters of Credit and the Swingline Loans pursuant to the terms and conditions hereof; provided, that in no event shall the aggregate principal amount of all outstanding Revolving Loans, Swingline Loans and outstanding LC Exposure exceed at any time the Aggregate Revolving Commitments in effect Commitment from time to timetime in effect; and (v) each Lender severally agrees to make a Term Loan to the Borrower on the Closing Date in a principal amount not exceeding such Lender’s Term Loan CommitmentCommitment on the Closing Date.

Appears in 3 contracts

Samples: Credit Agreement (Encore Capital Group Inc), Amended and Restated Credit Agreement (Encore Capital Group Inc), Credit Agreement (Encore Capital Group Inc)

General Description of Facilities. Subject to and upon the terms and conditions herein set forth, (i) the Lenders hereby establish in favor of the Borrower a revolving credit facility pursuant to which each Lender severally agrees (to the extent of such Lender’s Revolving Commitment) to make Revolving Loans to the Borrower in accordance with Section 2.2, ; (ii) the Issuing Bank may issue Letters of Credit in accordance with Section 2.22, ; (iii) the Swingline Lender may make Swingline Loans in accordance with Section 2.4, ; (iv) each Revolving Lender agrees to purchase a participation interest in the Letters of Credit and the Swingline Loans pursuant to the terms and conditions hereof; provided, provided that in no event shall the aggregate principal amount of all outstanding Revolving Loans, Swingline Loans and outstanding LC Exposure exceed the Aggregate Revolving Commitments Commitment Amount in effect from time to time; and (v) each Lender severally agrees to make a Term Loan to the Borrower on the Closing Date in a principal amount not exceeding such Lender’s Term Loan CommitmentCommitment on the Closing Date.

Appears in 2 contracts

Samples: Revolving Credit and Term Loan Agreement (RadNet, Inc.), Revolving Credit and Term Loan Agreement (RadNet, Inc.)

General Description of Facilities. Subject to and upon the terms and conditions herein set forth, (i) the Lenders hereby establish in favor of the Borrower a revolving credit facility pursuant to which each Lender severally agrees (to the extent of such Lender’s Revolving Commitment) to make Revolving Loans to the Borrower in accordance with Section 2.2, ; (ii) the Issuing Bank may issue Letters of Credit in accordance with Section 2.22, ; (iii) the Swingline Lender may make Swingline Loans in accordance with Section 2.4, ; (iv) each Lender agrees to purchase a participation interest in the Letters of Credit and the Swingline Loans pursuant to the terms and conditions hereof; provided, provided that in no event shall the aggregate principal amount of all outstanding Revolving Loans, outstanding Swingline Loans and outstanding LC Exposure exceed the Aggregate Revolving Commitments Commitment Amount in effect from time to at such time; and (v) each Lender severally agrees to make a an Initial Term B Loan to the Borrower on the Closing Date in a principal amount not exceeding such Lender’s Initial Term B Loan CommitmentCommitment on the Closing Date; and (vi) each Lender severally agrees to make a DDT Loan to the Borrower in a principal amount not exceeding such Lender’s DDTL Commitment on the DDTL Date.

Appears in 2 contracts

Samples: Credit Agreement (BioScrip, Inc.), Credit Agreement (BioScrip, Inc.)

General Description of Facilities. Subject to and upon the terms and conditions herein set forth, (i) the Lenders hereby establish in favor of the Borrower a revolving credit facility pursuant to which each Lender severally agrees (to the extent of such LenderXxxxxx’s Revolving Commitment) to make Revolving Loans to the Borrower in accordance with Section 2.2, (ii) the Issuing Bank may issue Letters of Credit in accordance with Section 2.22, (iii) the Swingline Lender may make Swingline Loans in accordance with Section 2.4, (iv) each Lender agrees to purchase a participation interest in the Letters of Credit and the Swingline Loans pursuant to the terms and conditions hereof; provided, that in no event shall the aggregate principal amount of all outstanding Revolving Loans, Swingline Loans and outstanding LC Exposure exceed the Aggregate Revolving Commitments in effect from time to time; , and (v) each Lender severally agrees to make a its portion of the Initial Term Loan Loans to the Borrower on the Closing Restatement Date in a principal amount not exceeding such Lender’s Initial Term Loan CommitmentCommitment in accordance with Section 2.5.

Appears in 2 contracts

Samples: Credit Agreement (OneWater Marine Inc.), Credit Agreement (OneWater Marine Inc.)

General Description of Facilities. Subject to and upon the terms and conditions herein set forth, (i) the Lenders hereby establish in favor of the Borrower Borrowers a revolving credit facility pursuant to which each Lender severally agrees (to the extent of such Lender’s Revolving Commitment) to make Revolving Loans to the Borrower Borrowers in accordance with Section 2.2, (ii) the Issuing Bank may agrees to issue Letters of Credit in accordance with Section 2.22, and (iii) the Swingline Lender may make Swingline Loans in accordance with Section 2.4, (iv) each Lender agrees to purchase a participation interest in the Letters of Credit and the Swingline Loans pursuant to the terms and conditions hereof; provided, that in no event shall the aggregate principal amount of all outstanding Revolving Loans, Swingline Loans and outstanding LC Exposure exceed at any time the lesser of (a) the Aggregate Revolving Commitments in effect Commitment Amount from time to timetime in effect or (b) the Borrowing Base; and (v) each Lender severally agrees to make a Term Loan to the Borrower on the Closing Date Borrowers in a principal amount not exceeding of such Lender’s Term Loan CommitmentCommitment on the Closing Date.

Appears in 2 contracts

Samples: Revolving Credit and Term Loan Agreement (PRGX Global, Inc.), Revolving Credit and Term Loan Agreement (PRGX Global, Inc.)

General Description of Facilities. Subject to and upon the terms and conditions herein set forth, (i) the Lenders hereby establish in favor of the Borrower Borrowers a revolving credit facility pursuant to which each Lender severally agrees (to the extent of such Lender’s Revolving Commitment) to make Revolving Loans to the Borrower Borrowers in accordance with Section 2.2, ; (ii) the each Issuing Bank may issue Letters of Credit in accordance with Section 2.22, ; (iii) the Swingline Lender may make Swingline Loans in accordance with Section 2.4, ; (iv) each Lender agrees to purchase a participation interest in the Letters of Credit and the Swingline Loans pursuant to the terms and conditions hereof; provided, provided that in no event shall the aggregate principal amount of all outstanding Revolving Loans, Swingline Loans and outstanding LC Exposure exceed the Aggregate Revolving Commitments Commitment Amount in effect from time to time; and (v) each Lender severally agrees to make a Term Loan to the Borrower on the Closing Date Borrowers in a principal amount not exceeding such Lender’s Term Loan CommitmentCommitment on the Closing Date.

Appears in 2 contracts

Samples: Revolving Credit and Term Loan Agreement (Fox Factory Holding Corp), Revolving Credit and Term Loan Agreement (Fox Factory Holding Corp)

General Description of Facilities. Subject to and upon the terms and conditions herein set forth, (i) the Lenders hereby establish in favor of the Borrower a revolving credit facility pursuant to which each Lender severally agrees (to the extent of such Lender’s Revolving Commitment) to make Revolving Loans to the Borrower in accordance with Section 2.2, (ii) the Issuing Bank may agrees to issue Letters of Credit in accordance with Section 2.222.23, (iii) the Swingline Lender may agrees to make Swingline Loans in accordance with Section 2.4, (iv) each Lender agrees to purchase a participation interest in the Letters of Credit and the Swingline Loans pursuant to the terms and conditions hereof; provided, that in no event shall the aggregate principal amount of all outstanding Revolving Loans, Swingline Loans and outstanding LC Exposure exceed at any time the Aggregate Revolving Commitments in effect Commitment Amount from time to timetime in effect; and (v) each Lender severally agrees to make a Term A Loan to the Borrower on the Closing Date in a principal amount not exceeding such Lender’s Term A Loan CommitmentCommitment on the Closing Date.

Appears in 2 contracts

Samples: Revolving Credit and Term Loan Agreement (Mapics Inc), Revolving Credit and Term Loan Agreement (Mapics Inc)

General Description of Facilities. Subject to and upon the terms and conditions herein set forth, (i) the Lenders hereby establish in favor of the Borrower a revolving credit facility pursuant to which each Lender severally agrees (to the extent of such Lender’s Revolving Commitment) to make Revolving Loans to the Borrower in accordance with Section 2.2, ; (ii) the Issuing Bank may issue Letters of Credit in accordance with Section 2.22, ; (iii) the Swingline Lender may make Swingline Loans in accordance with Section 2.4, ; (iv) each Lender agrees to purchase a participation interest in the Letters of Credit and the Swingline Loans pursuant to the terms and conditions hereof; provided, provided that in no event shall the aggregate principal amount of all outstanding Revolving Loans, Swingline Loans and outstanding LC Exposure exceed the Aggregate Revolving Commitments Commitment Amount in effect from time to time; and (v) each Lender severally agrees to make a Term Loan to the Borrower on the Closing Date in a principal amount not exceeding such Lender’s Term Loan CommitmentCommitment on the Closing Date.

Appears in 2 contracts

Samples: Confidentiality Agreement (Perion Network Ltd.), Revolving Credit and Term Loan Agreement (Ensign Group, Inc)

General Description of Facilities. Subject to and upon the terms and conditions herein set forth, (i) the Lenders hereby establish in favor of the Borrower a revolving credit facility pursuant to which each Lender the Lenders severally agrees agree (to the extent of such each Lender’s Revolving Commitment) to make Revolving Loans to the Borrower in accordance with Section 2.2, (ii) the Issuing Bank may issue Letters of Credit in accordance with Section 2.222.24, (iii) the Swingline Lender may make Swingline Loans in accordance with Section 2.4, (iv) each Lender agrees to purchase a participation interest in the Letters of Credit and the Swingline Loans pursuant to the terms and conditions hereof; provided, that in no event shall the aggregate principal amount of all outstanding Revolving Loans, Swingline Loans and outstanding LC Exposure exceed at any time the Aggregate Revolving Commitments in effect from time to time; time in effect and (v) each Lender severally agrees to make a advance its portion of the Term Loan A to the Borrower on the Closing Effective Date in a principal amount not exceeding such Lender’s Term Loan CommitmentA Commitment in accordance with Section 2.5.

Appears in 2 contracts

Samples: Revolving Credit and Term Loan Agreement, Revolving Credit and Term Loan Agreement (Aaron's Inc)

General Description of Facilities. Subject to and upon the terms and conditions herein set forth, (ia) the Lenders hereby establish in favor of the Borrower a revolving credit facility pursuant to which each Lender severally agrees (to the extent of such Lender’s 's Revolving Commitment) to make Revolving Loans to the Borrower in accordance with Section ‎Section 2.2, ; (iib) the Issuing Bank may agrees to issue Letters of Credit in accordance with Section ‎Section 2.22, ; (iiic) the Swingline Lender may agrees to make Swingline Loans in accordance with Section ‎Section 2.4, ; (ivd) each Lender agrees to purchase a participation interest in the Letters of Credit and the Swingline Loans pursuant to the terms and conditions hereof; provided, that in no event shall the aggregate principal amount of all outstanding Revolving Loans, Swingline Loans and outstanding LC Exposure exceed at any time the Aggregate Revolving Commitments in effect Commitment Amount from time to timetime in effect; and (ve) each Lender severally agrees to make a Term Loan to the Borrower on the Closing Date in a principal amount not exceeding such Lender’s 's Term Loan CommitmentCommitment on the Delayed Draw Date.

Appears in 1 contract

Samples: Credit Agreement (Steiner Leisure LTD)

General Description of Facilities. Subject to and upon the terms and conditions herein set forth, (i) the Lenders hereby establish in favor of the Borrower a revolving credit facility pursuant to which each Lender severally agrees (to the extent of such Lender’s Revolving Commitment) to make Revolving Loans to the Borrower in accordance with Section 2.2, (ii) the Issuing Bank may issue Letters of Credit in accordance with Section 2.22, (iii) the Swingline Lender may make Swingline Loans in accordance with Section 2.4, (iv) each Lender agrees to purchase a participation interest in the Letters of Credit and the Swingline Loans pursuant to the terms and conditions hereof; provided, that in no event shall the aggregate principal amount of all outstanding Revolving Loans, Swingline Loans and outstanding LC Exposure exceed the Aggregate Revolving Commitments in effect from time to time; and (v) each Lender severally agrees to make a its portion of the Initial Term Loan Loans to the Borrower on the Closing Date in a principal amount not exceeding such Lender’s Initial Term Loan Commitment.

Appears in 1 contract

Samples: Credit Agreement (OneWater Marine Inc.)

General Description of Facilities. Subject to and upon the terms and conditions herein set forth, (i) the Lenders hereby establish in favor of the Borrower a revolving credit facility pursuant to which each Lender severally agrees (to the extent of such Lender’s Revolving Commitment) to make Revolving Loans to the Borrower in accordance with Section 2.2, (ii) the Issuing Bank may agrees to issue Letters of Credit in accordance with Section 2.22, (iii) the Swingline Lender may agrees to make Swingline Loans in accordance with Section 2.4, (iv) each Multicurrency Lender agrees to purchase a participation interest in the Letters of Credit and the Swingline Loans pursuant to the terms and conditions hereof; provided, that in no event shall the aggregate principal amount of all outstanding Revolving Loans, Swingline Loans and outstanding LC Exposure exceed the Aggregate Revolving Commitments in effect from time to time; and (v) each Lender severally agrees to make a its portion of the Initial Term Loan to the Borrower on the Closing Date in a principal amount not exceeding such Lender’s Initial Term Loan Commitment.

Appears in 1 contract

Samples: First Lien Credit Agreement (EVO Payments, Inc.)

General Description of Facilities. Subject to and upon the terms and conditions herein set forth, (i) the Lenders hereby establish in favor of the Borrower a revolving credit facility pursuant to which each Lender severally agrees (to the extent of such Lender’s Revolving Commitment) to make Revolving Loans to the Borrower in accordance with Section 2.2, (ii) the Issuing Bank may agrees to issue Letters of Credit in accordance with Section 2.22, (iii) the Swingline Lender may agrees to make Swingline Loans in accordance with Section 2.4, (iv) each Lender agrees to purchase a participation interest in the Letters of Credit and the Swingline Loans pursuant to the terms and conditions hereof; provided, that in no event shall the aggregate principal amount of all outstanding Revolving Loans, Swingline Loans and outstanding LC Exposure exceed at any time the Aggregate Revolving Commitments in effect Commitment Amount from time to timetime in effect; and (v) each Lender severally agrees to make a Term Loan to the Borrower on the Closing Date in a principal amount not exceeding such Lender’s Term Loan CommitmentCommitment on the Closing Date.

Appears in 1 contract

Samples: Revolving Credit and Term Loan Agreement (Exactech Inc)

General Description of Facilities. Subject to and upon the terms and conditions herein set forth, (i) the Lenders hereby establish in favor of the Borrower a revolving credit facility pursuant to which each Lender severally agrees (to the extent of such Lender’s Revolving Commitment) to make Revolving Loans to the Borrower in accordance with Section 2.2, ; (ii) the each Issuing Bank may issue Letters of Credit in accordance with Section 2.22, ; (iii) the Swingline Lender may make Swingline Loans in accordance with Section 2.4, ; (iv) each Lender agrees to purchase a participation interest in the Letters of Credit and the Swingline Loans pursuant to the terms and conditions hereof; provided, provided that in no event shall the aggregate principal amount of all outstanding Revolving Loans, Swingline Loans and outstanding LC Exposure exceed the Aggregate Revolving Commitments Commitment Amount in effect from time to time; and (v) each Lender severally agrees to make a Term Loan to the Borrower on the Closing Date in a principal amount not exceeding equal to such Lender’s Term Loan CommitmentCommitment on the Closing Date.

Appears in 1 contract

Samples: Credit Agreement (Apollo Medical Holdings, Inc.)

General Description of Facilities. Subject to and upon the terms and conditions herein set forth, (i) the Lenders hereby establish in favor of the Borrower a revolving credit facility pursuant to which each Lender the Lenders severally agrees agree (to the extent of such each Lender’s Revolving Commitment) to make Revolving Loans to the Borrower in accordance with Section 2.2, (ii) the Issuing Bank may issue Letters of Credit in accordance with Section 2.222.24, (iii) the Swingline Lender may make Swingline Loans in accordance with Section 2.4, (iv) each Lender agrees to purchase a participation interest in the Letters of Credit and the Swingline Loans pursuant to the terms and conditions hereof; provided, that in no event shall the aggregate principal amount of all outstanding Revolving Loans, Swingline Loans and outstanding LC Exposure exceed at any time the Aggregate Revolving Commitments in effect from time to time; and time in effect, (v) each Lender severally agrees to make a advance its portion of the Term Loan A to the Borrower on the Closing Effective Date in a principal amount not exceeding such Lender’s Term Loan CommitmentA Commitment in accordance with Section 2.5 and (vi) each lender providing a portion of the Additional Term Loan A Advance severally agrees to advance its portion of the Additional Term Loan A Advance to the Borrower on the First Amendment Effective Date in a principal amount not exceeding such Lender’s commitment therefore as set forth on Schedule 1.1(b) attached hereto in accordance with Section 2.5.

Appears in 1 contract

Samples: Revolving Credit and Term Loan Agreement (Aaron's Inc)

General Description of Facilities. Subject to and upon the terms and conditions herein set forth, (i) the Lenders hereby establish in favor of the Borrower a revolving credit facility pursuant to which each Lender the Lenders severally agrees agree (to the extent of such each Lender’s Revolving Commitment) to make Revolving Loans to the Borrower in accordance with Section 2.2, (ii) the Issuing Bank Banks may issue Letters of Credit in accordance with Section 2.222.24, (iii) the Swingline Lender may make Swingline Loans in accordance with Section 2.4, (iv) each Lender agrees to purchase a participation interest in the Letters of Credit and the Swingline Loans pursuant to the terms and conditions hereof; provided, that in no event shall the aggregate principal amount of all outstanding Revolving Loans, Swingline Loans and outstanding LC Exposure exceed at any time the Aggregate Revolving Commitments in effect from time to time; time in effect, and (v) each Lender severally agrees to make a advance its portion of the Term Loan A in Dollars to the Borrower on the Closing Date in a principal amount not exceeding such Lender’s Term Loan CommitmentA Commitment in accordance with Section 2.5.

Appears in 1 contract

Samples: Credit Agreement (Aaron's Company, Inc.)

General Description of Facilities. Subject to and upon the terms and conditions herein set forth, (i) the Lenders hereby establish in favor of the Borrower a revolving credit facility pursuant to which each Lender severally agrees (to the extent of such Lender’s Revolving Commitment) to make Revolving Loans to the Borrower in accordance with Section 2.2, (ii) the Issuing Bank may agrees to issue Letters of Credit in accordance with Section 2.22, (iii) the Swingline Lender may agrees to make Swingline Loans in accordance with Section 2.4, (iv) each Lender agrees to purchase a participation interest in the Letters of Credit and the Swingline Loans pursuant to the terms and conditions hereof; provided, that in no event shall the aggregate principal amount of all outstanding Revolving Loans, Swingline Loans and outstanding LC Exposure exceed at any time the Aggregate Revolving Commitments in effect Commitment from time to timetime in effect; and (v) each Lender severally agrees to make a Term Loan to the Borrower on the Closing Date in a principal amount not exceeding such Lender’s Term Loan Commitment on the Prior Closing Date and on the Closing Date (in the case of the Additional Term Loan A-1 Commitment).

Appears in 1 contract

Samples: Credit Agreement (Encore Capital Group Inc)

General Description of Facilities. Subject to and upon the terms and conditions herein set forth, (i) the Lenders hereby establish in favor of the Borrower a revolving credit facility pursuant to which each Lender severally agrees (to the extent of such Lender’s Revolving Commitment) to make Revolving Loans to the Borrower in accordance with Section 2.2, (ii) the Issuing Bank may agrees to issue Letters of Credit in accordance with Section 2.22, (iii) the Swingline Lender may agrees to make Swingline Loans in accordance with Section 2.4, (iv) each Multicurrency Lender agrees to purchase a participation interest in the Letters of Credit and the Swingline Loans pursuant to the terms and conditions hereof; provided, that in no event shall the aggregate principal amount of all outstanding Revolving Loans, Swingline Loans and outstanding LC Exposure exceed the Aggregate Revolving Commitments in effect from time to time; and (v) each Lender severally agrees to make a its portion of the Term Loan to the Borrower on the Closing Date in a principal amount not exceeding such Lender’s Term Loan Commitment.

Appears in 1 contract

Samples: Credit Agreement (EVO Payments, Inc.)

General Description of Facilities. Subject to and upon the terms and conditions herein set forth, (i) the Lenders hereby establish in favor of the Borrower a revolving credit facility pursuant to which each Lender severally agrees (to the extent of such Lender’s Revolving Commitment) to make Revolving Loans to the Borrower in accordance with Section 2.2, (ii) the Issuing Bank may agrees to issue Letters of Credit in accordance with Section 2.22, and (iii) the Swingline Lender may make Swingline Loans in accordance with Section 2.4, (iv) each Lender agrees to purchase a participation interest in the Letters of Credit and (to the Swingline Loans extent of such Lender’s Revolving Commitment) pursuant to the terms and conditions hereof; provided, that in no event shall the aggregate principal amount of all outstanding Revolving Loans, Swingline Loans and outstanding LC Exposure exceed at any time the Aggregate Revolving Commitments in effect Commitment Amount from time to timetime in effect; and (v) each Lender severally agrees to make a Term Loan to the Borrower on the Closing Date in a principal amount not exceeding equal to such Lender’s Term Loan CommitmentCommitment on the Closing Date.

Appears in 1 contract

Samples: Revolving Credit and Term Loan Agreement (Easylink Services International Corp)

General Description of Facilities. Subject to and upon the terms and conditions herein set forth, (i) the Lenders hereby establish in favor of the Borrower a revolving credit facility pursuant to which each Lender severally agrees (to the extent of such Lender’s Revolving Commitment) to make Revolving Loans to the Borrower in accordance with Section 2.2, (ii) the Issuing Bank may agrees to issue Letters of Credit in accordance with Section 2.222.23, (iii) the Swingline Lender may agrees to make Swingline Loans in accordance with Section 2.4, and (iv) each Lender agrees to purchase a participation interest in the Letters of Credit and the Swingline Loans pursuant to the terms and conditions hereof; provided, that in no event Lender shall be permitted or required to make any Revolving Loan if, after giving effect thereto, (i) the Dollar Equivalent of the aggregate principal amount of all outstanding the Revolving Loans, Swingline Loans and outstanding the LC Exposure of all Lenders (determined in accordance with Section 2.27) would thereby exceed the Aggregate Revolving Commitments Commitment Amount then in effect from time to timeeffect; and or (vii) each the Dollar Equivalent of the Revolving Credit Exposure of such Lender severally agrees to make a Term Loan to (determined in accordance with Section 2.27) would thereby exceed its Commitment then in effect. Funding of any Revolving Loans shall be in any combination of Dollars or any other Alternate Currency as specified by the Borrower on the Closing Date as set forth in a principal amount not exceeding such Lender’s Term Loan CommitmentSection 2.3.

Appears in 1 contract

Samples: Revolving Credit Agreement (Bristow Group Inc)

General Description of Facilities. Subject to and upon the terms and conditions herein set forth, (ia) the Revolving Lenders hereby establish in favor of the Borrower a revolving credit facility pursuant to which each Revolving Lender severally agrees (to the extent of such Lender’s Revolving Commitment) to make Revolving Loans to the Borrower in accordance with Section 2.2, ; (iib) the Issuing Bank may issue Letters of Credit in accordance with Section 2.22, ; (iiic) the Swingline Lender may make Swingline Loans in accordance with Section 2.4, ; (ivd) each Revolving Lender agrees to purchase a participation interest in the Letters of Credit and the Swingline Loans pursuant to the terms and conditions hereof; provided, provided that in no event shall the aggregate principal amount of all outstanding Revolving Loans, Swingline Loans and outstanding LC Exposure exceed the Aggregate Revolving Commitments Commitment Amount in effect from time to time; time and (ve) each A-4 Term Loan Lender severally agrees (to the extent of such Lender’s A-4 Term Loan Commitment) to make a one or more A-4 Term Loan to the Borrower Loans on the Closing Date in a principal amount not exceeding such Lender’s Term Loan Commitmentaccordance with Section 2.27.

Appears in 1 contract

Samples: Credit Agreement (Community Healthcare Trust Inc)

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General Description of Facilities. Subject to and upon the terms and conditions herein set forth, (i) the Lenders hereby establish in favor of the Borrower a revolving credit facility pursuant to which each Lender severally agrees (to the extent of such Lender’s 's Revolving Commitment) to make Revolving Loans to the Borrower in accordance with Section 2.2, (ii) the Issuing Bank may agrees to issue Letters of Credit in accordance with Section 2.22, (iii) the Swingline Lender may agrees to make Swingline Loans in accordance with Section 2.4, (iv) each Lender agrees to purchase a participation interest in the Letters of Credit and the Swingline Loans pursuant to the terms and conditions hereof; provided, that in no event shall the aggregate principal amount of all outstanding Revolving Loans, Swingline Loans and outstanding LC Exposure exceed at any time the Aggregate Revolving Commitments in effect Commitment Amount from time to timetime in effect; and (v) each Lender severally agrees to make a Term Loan to the Borrower on the Closing Date in a principal amount not exceeding such Lender’s 's Term Loan CommitmentCommitment on the Closing Date.

Appears in 1 contract

Samples: Revolving Credit and Term Loan Agreement (FGX International Holdings LTD)

General Description of Facilities. Subject to and upon the terms and conditions herein set forth, (i) the Lenders hereby establish in favor of the Borrower a revolving credit facility pursuant to which each Lender the Lenders severally agrees agree (to the extent of such each Lender’s Revolving Commitment) to make Revolving Loans to the Borrower in accordance with Section 2.22.2(a), (ii) the Issuing Bank may agrees to issue Letters of Credit in accordance with Section 2.22, (iii) the Swingline Lender may agrees to make Swingline Loans in accordance with Section 2.4, and (iv) each Lender agrees to purchase a participation interest in the Letters of Credit and the Swingline Loans pursuant to the terms and conditions hereof; provided, that in no event shall the aggregate principal amount of all outstanding Revolving Loans, Swingline Loans and outstanding LC Exposure Obligations exceed at any time the Aggregate Revolving Commitments in effect from time to time; and (v) each Lender severally agrees to make a Term Loan to the Borrower on the Closing Date time in a principal amount not exceeding such Lender’s Term Loan Commitmenteffect.

Appears in 1 contract

Samples: Revolving Credit Agreement (Aaron Rents Inc)

General Description of Facilities. Subject --------------------------------- to and upon the terms and conditions herein set forth, (ia) the Lenders hereby establish in favor of the Borrower a revolving credit facility pursuant to which each Lender the Lenders severally agrees agree (to the extent of each Lender's Pro Rata Share up to such Lender’s 's Revolving Commitment) to make Revolving Loans to the Borrower in accordance with Section 2.2, (iib) the Issuing Bank may agrees to issue Letters of ----------- Credit in accordance with Section 2.22, (iiic) the Swingline Lender may agrees to make ------------ Swingline Loans in accordance with Section 2.4, and (ivd) each Lender agrees to ----------- purchase a participation interest in the Letters of Credit and the Swingline Loans pursuant to the terms and conditions hereof; provided, that in no event -------- shall the sum of the aggregate principal amount outstanding Revolving Credit Exposures of all outstanding Revolving Loans, Swingline Loans and outstanding LC Exposure Lenders exceed at any time the Aggregate Revolving Commitments then in effect from time to time; and (v) each Lender severally agrees to make a Term Loan to the Borrower on the Closing Date in a principal amount not exceeding such Lender’s Term Loan Commitmenteffect.

Appears in 1 contract

Samples: Revolving Credit Agreement (Watsco Inc)

General Description of Facilities. Subject to and upon --------------------------------- the terms and conditions herein set forth, (i) the Lenders hereby establish in favor of the Borrower and, as provided in Section 2.25, any Designated Borrower ------------ a revolving credit facility pursuant to which each Lender the Lenders severally agrees agree (to the extent of each Lender's Pro Rata Share up to such Lender’s 's Revolving Commitment) to make Revolving Loans to the Borrower and, as provided in Section ------- 2.25, any Designated Borrower in accordance with Section 2.22.2 and to offer in ---- ----------- their sole discretion to make Competitive Bid Loans in accordance with Section ------- 2.6, (ii) the Issuing Bank may agrees to issue Letters of Credit in accordance with --- Section 2.222.24, (iii) the Swingline Lender may agrees to make Swingline Loans in ------------ accordance with Section 2.4, and (iv) each Lender agrees to purchase a ----------- participation interest in the Letters of Credit and the Swingline Loans pursuant to the terms and conditions hereof; provided, that in no event shall the aggregate principal amount of all outstanding Revolving Loans, Competitive Bid Loans, Swingline Loans and outstanding LC Exposure exceed at any time the Aggregate Revolving Commitments in effect from time to time; and (v) each Lender severally agrees to make a Term Loan to the Borrower on the Closing Date time in a principal amount not exceeding such Lender’s Term Loan Commitmenteffect.

Appears in 1 contract

Samples: Revolving Credit Agreement (Certegy Inc)

General Description of Facilities. Subject to and upon the terms and conditions herein set forth, (i) the Lenders hereby establish in favor of the Borrower a revolving credit facility pursuant to which each Lender the Lenders severally agrees agree (to the extent of such each Lender’s Revolving Commitment) to make Revolving Loans to the Borrower in accordance with Section 2.2, (ii) the Issuing Bank Banks may issue Letters of Credit in accordance with Section 2.222.24, (iii) the Swingline Lender may make Swingline Loans in accordance with Section 2.4, (iv) each Lender agrees to purchase a participation interest in the Letters of Credit and the Swingline Loans pursuant to the terms and conditions hereof; provided, that in no event shall the aggregate principal amount of all outstanding Revolving Loans, Swingline Loans and outstanding LC Exposure exceed at any time the Aggregate Revolving Commitments in effect from time to time; time in effect, and (v) each Lender severally agrees to make a advance its portion of the Term Loan A in Dollars to the Borrower on the Closing Date in a principal amount not exceeding such LenderXxxxxx’s Term Loan CommitmentA Commitment in accordance with Section 2.5.

Appears in 1 contract

Samples: Credit Agreement (Aaron's Company, Inc.)

General Description of Facilities. Subject to and upon the terms and conditions herein set forth, (i) the Lenders hereby establish in favor of the Borrower a revolving credit facility pursuant to which each Lender severally agrees (to the extent of such Lender’s Revolving Commitment) to make Revolving Loans to the Borrower in accordance with Section 2.2, (ii) the Issuing Bank may agrees to issue Letters of Credit in accordance with Section 2.22, (iii) the Swingline Lender may agrees to make Swingline Loans in accordance with Section 2.4, (iv) each Lender agrees to purchase a participation interest in the Letters of Credit and the Swingline Loans pursuant to the terms and conditions hereof; provided, that in no event shall the aggregate principal amount of all outstanding Revolving Loans, Swingline Loans and outstanding LC Exposure exceed at any time the Aggregate Revolving Commitments in effect Commitment Amount from time to timetime in effect; and (v) each Term Loan Lender severally agrees to make a maintain the Existing Term Loan to the Borrower on the Closing Date in a principal amount not exceeding such Lender’s Term Loan CommitmentLoans.

Appears in 1 contract

Samples: Revolving Credit and Term Loan Agreement (Tc Pipelines Lp)

General Description of Facilities. Subject to and upon the terms and conditions herein set forth, (i) the Lenders hereby establish in favor of the Borrower a revolving credit facility pursuant to which each Lender the Lenders severally agrees agree (to the extent of such Lender’s Revolving Commitment) to make Revolving CHAR1\1185130v10 Loans to the Borrower in accordance with Section 2.2, (ii) the Issuing Bank may agrees to issue Letters of Credit in accordance with Section 2.222.23, (iii) the Swingline Lender may agrees to make Swingline Loans in accordance with Section 2.42.5, (iv) the Servicer agrees to make Franchisee Loans to the Franchisee Borrowers and to issue Franchisee Letters of Credit in accordance with Article III and (v) each Lender agrees to purchase a participation interest in the Letters of Credit Credit, Franchisee Letters of Credit, Franchisee Loans and the Swingline Loans pursuant to the terms and conditions hereof; provided, that in no event shall the aggregate principal amount of all outstanding Revolving Loans, Swingline Loans and Franchisee Loans and outstanding LC Exposure and Franchisee LC Exposure exceed at any time the Aggregate Revolving Commitments in effect Commitment Amount from time to time; and (v) each Lender severally agrees to make a Term Loan to the Borrower on the Closing Date time in a principal amount not exceeding such Lender’s Term Loan Commitmenteffect.

Appears in 1 contract

Samples: Revolving Credit Agreement (Ruby Tuesday Inc)

General Description of Facilities. Subject to and upon the terms and conditions herein set forth, (i) the Lenders hereby establish in favor of the Borrower a revolving credit facility pursuant to which each Lender severally agrees (to the extent of such Lender’s 's Revolving Commitment) to make Revolving Loans to the Borrower in accordance with Section 2.2, (ii) the Issuing Bank may agrees to issue Letters of Credit in accordance with Section 2.222.23, (iii) the Swingline Lender may agrees to make Swingline Loans in accordance with Section 2.4, (iv) each Lender agrees to purchase a participation interest in the Letters of Credit and the Swingline Loans pursuant to the terms and conditions hereof; provided, that in no event shall the aggregate principal amount of all outstanding Revolving Loans, Swingline Loans and outstanding LC Credit Exposure exceed at any time the Aggregate Revolving Commitments in effect Commitment Amount from time to timetime in effect; and (v) each Lender severally agrees to make a Term Loan to permit the Borrower on the Closing Date to convert its outstanding Revolving Loans with such Lender into Term Loans in a principal amount not exceeding such Lender’s Term Loan Commitment's Revolving Commitment at the time of conversion, subject to the terms and conditions contained in Section 2.6 hereof.

Appears in 1 contract

Samples: Revolving Credit Agreement (Heico Corp)

General Description of Facilities. Subject to and upon the ----------------------------------- terms and conditions herein set forthforth herein, (i) the Lenders hereby establish in favor of the Borrower a revolving credit facility pursuant to which each Lender severally agrees (to the extent of such Lender’s 's Revolving Commitment) to make Revolving Loans to the Borrower in accordance with Section 2.2, (ii) the Issuing ----------- Bank may agrees to issue Letters of Credit in accordance with Section 2.222.23, (iii) ------------ the Swingline Lender may agrees to make Swingline Loans in accordance with Section ------- 2.4, (iv) each Lender agrees to purchase a participation interest in the --- Swingline Loans as provided in Section 2.5; and (v) each Lender agrees to ------------ purchase a participation interest in the Letters of Credit and the Swingline Loans pursuant to the terms and conditions hereofas provided in Section 2.23; provided, that in no event shall the aggregate principal amount of ------------ -------- all outstanding Revolving Loans, Swingline Loans and outstanding LC Exposure exceed at any time the Aggregate Revolving Commitments in effect Commitment Amount from time to time; and (v) each Lender severally agrees to make a Term Loan to the Borrower on the Closing Date time in a principal amount not exceeding such Lender’s Term Loan Commitmenteffect.

Appears in 1 contract

Samples: 3 Year Revolving Credit Agreement (Dollar General Corp)

General Description of Facilities. Subject to and upon the terms and conditions herein set forth, (ia) the Lenders hereby establish in favor of the Borrower a revolving credit facility pursuant to which each Lender severally agrees (to the extent of such Lender’s Revolving Commitment) to make Revolving Loans to the Borrower in accordance with Section 2.2, (iib) the Issuing Bank may issue Letters of Credit in accordance with Section 2.22, (iiic) the Swingline Lender may make Swingline Loans in accordance with Section 2.4, (ivd) each Lender agrees to purchase a participation interest in the Letters of Credit and the Swingline Loans pursuant to the terms and conditions hereof; provided, that in no event shall the aggregate principal amount of all outstanding Revolving Loans, Swingline Loans and outstanding LC Exposure exceed the Aggregate Revolving Commitments in effect from time to time; time and (ve) each Lender severally agrees to make a advance its portion of the Term Loan A to the Borrower on the Closing Funding Date in a principal amount not exceeding such Lender’s Term Loan A Commitment. Notwithstanding anything to the contrary, unless the Term Loan A is funded on or before 5:00 p.m. Eastern time on July 30, 2017, this Agreement shall automatically terminate at such time.

Appears in 1 contract

Samples: Credit Agreement (BioTelemetry, Inc.)

General Description of Facilities. Subject to and upon the terms and conditions herein set forth, (i) the Lenders hereby establish in favor of the Borrower a revolving credit facility pursuant to which each Lender severally agrees (to the extent of such Lender’s Revolving Commitment) to make Revolving Loans to the Borrower in accordance with Section 2.2, (ii) the Issuing Bank may issue Letters of Credit in accordance with Section 2.22, (iii) the Swingline Lender may make Swingline Loans in accordance with Section 2.4, (iv) each Lender agrees to purchase a participation interest in the Letters of Credit and the Swingline Loans pursuant to the terms and conditions hereof; provided, that in no event shall the aggregate principal amount of all outstanding Revolving Loans, Swingline Loans and outstanding LC Exposure exceed the Aggregate Revolving Commitments Commitment Amount in effect from time to time; and (v) each Lender severally agrees to make a Term Loan to the Borrower on the Closing Date in a principal amount not exceeding such Lender’s Term Loan CommitmentCommitment on the Closing Date.

Appears in 1 contract

Samples: Revolving Credit and Term Loan Agreement (Catalyst Health Solutions, Inc.)

General Description of Facilities. Subject to and upon the terms and conditions herein set forth, (ia) the Revolving Lenders hereby establish in favor of the Borrower a revolving credit facility pursuant to which each Revolving Lender severally agrees (to the extent of such Lender’s Revolving Commitment) to make Revolving Loans to the Borrower in accordance with Section 2.2, ; (iib) the Issuing Bank may issue Letters of Credit in accordance with Section 2.22, ; (iiic) the Swingline Lender may make Swingline Loans in accordance with Section 2.4, ; (ivd) each Revolving Lender agrees to purchase a participation interest in the Letters of Credit and the Swingline Loans pursuant to the terms and conditions hereof; provided, provided that in no event shall the aggregate principal amount of all outstanding Revolving Loans, Swingline Loans and outstanding LC Exposure exceed the Aggregate Revolving Commitments Commitment Amount in effect from time to time; and , (ve) each A-1 Term Loan Lender severally agrees to make a Term Loan (to the Borrower on the Closing Date in a principal amount not exceeding extent of such Lender’s A-1 Term Loan Commitment) to make one or more A-1 Term Loans during the A-1 Term Loan Availability Period in accordance with Section 2.27 and (f) each A-2 Term Loan Lender severally agrees (to the extent of such Lender’s A-2 Term Loan Commitment) to make one or more A-2 Term Loans during the A-2 Term Loan Availability Period in accordance with Section 2.28.

Appears in 1 contract

Samples: Credit Agreement (Community Healthcare Trust Inc)

General Description of Facilities. Subject to and upon the terms and conditions herein set forth, (i) the Lenders hereby establish in favor of the Borrower a revolving credit facility pursuant to which each Lender severally agrees (to the extent of such Lender’s Revolving Commitment) to make Revolving Loans to the Borrower in accordance with Section 2.2, (ii) the Issuing Bank may issue Letters of Credit in accordance with Section 2.22, (iii) the Swingline Lender may make Swingline Loans in accordance with Section 2.4, (iv) each Lender agrees to purchase a participation interest in the Letters of Credit and the Swingline Loans pursuant to the terms and conditions hereof; provided, that in no event shall the aggregate principal amount of all outstanding Revolving Loans, Swingline Loans and outstanding LC Exposure exceed the Aggregate Revolving Commitments in effect from time to time; and (v) each Lender severally agrees to make a advance its portion of the Term Loan A to the Borrower on the Closing Date in a principal amount not exceeding such Lender’s Term Loan A Commitment.

Appears in 1 contract

Samples: Credit Agreement (Primo Water Corp)

General Description of Facilities. Subject to and upon the terms and conditions herein set forth, (i) the Lenders hereby establish in favor of the Borrower a revolving credit facility pursuant to which each Lender severally agrees (to the extent of such Lender’s Revolving Commitment) to make Revolving Loans to the Borrower in accordance with Section 2.2, (ii) the Issuing Bank may agrees to issue Letters of Credit in accordance with Section 2.22, (iii) the Swingline Lender may agrees to make Swingline Loans in accordance with Section 2.4, and (iv) each Lender agrees to purchase a participation interest in the Letters of Credit and the Swingline Loans pursuant to the terms and conditions hereof; provided, that in no event shall the aggregate principal amount of all outstanding Revolving Loans, Swingline Loans and outstanding LC Exposure exceed at any time the Aggregate Revolving Commitments in effect Commitment Amount from time to timetime in effect; and (v) each Lender severally agrees to make a Term Loan to the Borrower on the Closing Date in a principal amount not exceeding equal to such Lender’s Term Loan CommitmentCommitment on the Closing Date.

Appears in 1 contract

Samples: Revolving Credit and Term Loan Agreement (Easylink Services International Corp)

General Description of Facilities. Subject to and upon the terms and conditions herein set forth, (i) the Lenders hereby establish in favor of the Borrower a revolving credit facility pursuant to which each Lender severally agrees (to the extent of such Lender’s Revolving Commitment) to make Revolving Loans to the Borrower in accordance with Section 2.2, (ii) the Issuing Bank may issue Letters of Credit in accordance with Section 2.22, (iii) the Swingline Lender may make Swingline Loans in accordance with Section 2.4, (iv) each Lender agrees to purchase a participation interest in the Letters of Credit and the Swingline Loans pursuant to the terms and conditions hereofhereof and (v) each Lender with a Delayed Draw Commitment severally agrees to make Delayed Draw Term Loans to the Borrower during the Availability Period in a principal amount not exceeding such Lender’s Delayed Draw Commitment in accordance with Section 2.5; provided, that in no event shall the aggregate principal amount of all outstanding Revolving Loans, Swingline Loans and outstanding LC Exposure exceed the Aggregate Revolving Commitments in effect from time to time; and (v) each Lender severally agrees to make a Term Loan to the Borrower on the Closing Date in a principal amount not exceeding such Lender’s Term Loan Commitment.

Appears in 1 contract

Samples: Credit Agreement (Molina Healthcare Inc)

General Description of Facilities. Subject to and upon the terms and conditions herein set forth, (i) the Lenders hereby establish in favor of the Borrower a revolving credit facility pursuant to which each Lender severally agrees (to the extent of such Lender’s Revolving Commitment) to make Revolving Loans to the Borrower in accordance with Section 2.2, (ii) the Issuing Bank may agrees to issue Letters of Credit in accordance with Section 2.22Section2.22, (iii) the Swingline Lender may agrees to make Swingline Loans in accordance with Section 2.4, (iv) each Lender agrees to purchase a participation interest in the Letters of Credit and the Swingline Loans pursuant to the terms and conditions hereof; provided, that in no event shall the aggregate principal amount of all outstanding Revolving Loans, Swingline Loans and outstanding LC Exposure exceed at any time the Aggregate Revolving Commitments in effect Commitment Amount from time to timetime in effect; and (v) each Lender severally agrees to make a Term Loan to the Borrower on the Closing Date in a principal amount not exceeding such Lender’s Term Loan CommitmentCommitment on the Closing Date.

Appears in 1 contract

Samples: Revolving Credit and Term Loan Agreement (Tc Pipelines Lp)

General Description of Facilities. Subject to and upon the terms and conditions herein set forth, (i) the Lenders hereby establish in favor of the Borrower a revolving credit facility pursuant to which each Lender severally agrees (to the extent of such Lender’s 's Revolving Commitment) to make Revolving Loans to the Borrower in accordance with Section 2.2, (ii) the Issuing Bank may agrees to issue Letters of Credit in accordance with Section 2.222.21, (iii) the Swingline Lender may agrees to make Swingline Loans in accordance with Section 2.4, and (iv) each Lender agrees to purchase a participation interest in the Letters of Credit and the Swingline Loans pursuant to the terms and conditions hereof; provided, that in no event shall the aggregate principal amount of the Dollar Equivalent of all outstanding Revolving Loans, Swingline Loans and outstanding LC Exposure exceed at any time the Aggregate Revolving Commitments in effect Commitment Amount from time to time; time in effect. Funding of any Revolving Loans shall be in any combination of Dollars and (v) each Lender severally agrees to make a Term Loan to Euros, as specified by the Borrower on as set forth in Section 2.3; provided, that the Closing Date in a Dollar Equivalent amount of the principal amount not exceeding of outstanding Revolving Loans and Letters of Credit funded and issued in Euros determined, with respect to each such Lender’s Term Loan CommitmentRevolving Loans and Letters of Credit in accordance with Section 10.16 shall at no time exceed the Foreign Currency Sublimit then in effect.

Appears in 1 contract

Samples: Revolving Credit Agreement (Heico Corp)

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