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 Revolving Loan Lenders hereby establish in favor of the Borrower a revolving credit facility pursuant to which each Revolving Loan 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 agrees to issue Letters of Credit in accordance with Section 2.23, (iii) the Swingline Lender agrees to make Swingline Loans in accordance with Section 2.4, (iv) each Revolving Loan 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 Commitment Amount from time to time in effect; and (v) each Term Loan Lender severally agrees to make a Term Loan to the Borrower in a principal amount not exceeding such Term Loan Lender’s Term Loan Commitment on the Closing Date.

Appears in 7 contracts

Samples: Revolving Credit and Term Loan Agreement (Strategic Education, Inc.), Revolving Credit and Term Loan Agreement (Strategic Education, Inc.), Revolving Credit and Term Loan Agreement (Strayer Education Inc)

AutoNDA by SimpleDocs

General Description of Facilities. Subject to and upon the terms and conditions herein set forth, (i) the Revolving Loan Lenders hereby establish in favor of the Borrower a revolving credit facility pursuant to which each Revolving Loan 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 agrees to issue Letters of Credit in accordance with Section 2.232.22, (iii) the Swingline Lender agrees to make Swingline Loans in accordance with Section 2.4, (iv) each Revolving Loan 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 Commitment Amount from time to time in effect; and (v) each Term Loan Lender severally agrees to make a Term Loan to the Borrower in a principal amount not exceeding such Term Loan Lender’s Term Loan Commitment on the Closing Date.

Appears in 3 contracts

Samples: Credit Agreement (Encore Capital Group Inc), 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 Revolving Loan Lenders hereby establish in favor of the Borrower a revolving credit facility pursuant to which each Revolving Loan 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 agrees to issue Letters of Credit in accordance with Section 2.23, (iii) the Swingline Lender agrees to make Swingline Loans in accordance with Section 2.4, (iv) each Revolving Loan 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 Commitment Amount from time to time in effect; , and (v) each Term Loan Lender severally agrees to make a Term Loan to the Borrower in a principal amount not exceeding such Term Loan Lender’s Term Loan Commitment on the Closing Date.

Appears in 2 contracts

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

General Description of Facilities. (a) Subject to and upon the terms and conditions herein set forth, (ia) the Revolving Loan Lenders hereby establish in favor of the Borrower a revolving credit facility pursuant to which each Revolving Loan 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 Swingline Lender agrees to make Swingline Loans in accordance with Section 2.4, (c) the Issuing Bank agrees to issue Letters of Credit in accordance with Section 2.23, and (iii) the Swingline Lender agrees to make Swingline Loans in accordance with Section 2.4, (ivd) each Revolving Loan Lender agrees to purchase a participation interest in the Swingline Loans and the Letters of Credit and the Swingline Loans pursuant to the terms and conditions hereof; provided, that in no event shall (x) the Revolving Credit Exposure of any Lender (determined in accordance with Section 10.14) exceed at any time its Revolving Commitment then in effect, (y) the sum of the aggregate principal amount of all outstanding Revolving Loans, Swingline Loans and outstanding LC Exposure Credit Exposures (determined in accordance with Section 10.14) exceed at any time the lesser of (i) the Aggregate Revolving Commitments then in effect or (ii) the Borrowing Base, or (z) the U.S. Dollar Equivalent amount of outstanding Revolving Loans and LC Obligations funded and issued in Foreign Currency (determined in accordance with Section 10.14) exceed the Foreign Currency Commitment Amount from time to time in effect; and (v) each Term Loan Lender severally agrees to make a Term Loan to the Borrower in a principal amount not exceeding such Term Loan Lender’s Term Loan Commitment on the Closing Date.

Appears in 1 contract

Samples: Revolving Credit Agreement (Sykes Enterprises Inc)

General Description of Facilities. Subject to and upon the terms and conditions herein set forth, (i) the Revolving Loan Lenders hereby establish in favor of the Borrower a revolving credit facility pursuant to which each the Revolving Loan Lender Lenders severally agrees agree (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 agrees to issue Letters of Credit in accordance with Section 2.23, (iii) the Swingline Lender agrees to make Swingline Loans in accordance with Section 2.42.5, (iv) each Revolving Loan 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 Commitment Amount from time to time in effect; effect and (v) each Term Loan Lender severally agrees to make a Term Loan to the Borrower in a principal amount not exceeding such Term Loan Lender’s 's Term Loan Commitment on the Closing Date.. Section 2.2

Appears in 1 contract

Samples: Credit and Term Loan Agreement (Ruby Tuesday Inc)

General Description of Facilities. Subject to and upon the terms and conditions herein set forth, (i) the Revolving Loan Lenders hereby establish in favor of the Borrower a revolving credit facility pursuant to which each Revolving Loan 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 agrees to may issue Letters of Credit in accordance with Section 2.232.22, (iii) the Swingline Lender agrees to may make Swingline Loans in accordance with Section 2.4, (iv) each Revolving Loan 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 at any time the Aggregate Revolving Commitment Amount Commitments in effect from time to time in effect; and (v) each Term Loan Lender severally agrees to make a Term Loan to the Borrower in a principal amount not exceeding such Term Loan Lender’s Term Loan Commitment on the Closing Datetime.

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 Revolving Loan Lenders hereby establish in favor of the Borrower a revolving credit facility pursuant to which each Revolving Loan 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 agrees to Banks may issue Letters of Credit in accordance with Section 2.232.24, (iii) the Swingline Lender agrees to may make Swingline Loans in accordance with Section 2.4, (iv) each Revolving Loan 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 Commitment Amount Commitments from time to time in effect; , and (v) each Term Loan 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 Term Loan Lender’s Term Loan A Commitment on the Closing Datein 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 Revolving Loan Lenders hereby establish in favor of the Borrower a revolving credit facility pursuant to which each Revolving Loan 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, (ii) the Issuing Bank agrees to issue Letters of Credit in accordance with Section 2.232.24, (iii) the Swingline Lender agrees to make Swingline Loans in accordance with Section 2.4, (iv) each Revolving Loan 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 Commitment Amount Commitments from time to time in effect; and (v) each Term Loan 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 Lender’s Term Loan Commitment on the Closing DateCommitment.

Appears in 1 contract

Samples: Credit and Term Loan Agreement (American Healthways Inc)

General Description of Facilities. Subject to and upon the terms and conditions herein set forth, (i) the Revolving Loan Lenders hereby establish in favor of the Borrower a revolving credit facility pursuant to which each Revolving Loan 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 agrees to issue Letters of Credit in accordance with Section 2.23, (iii) the Swingline Lender agrees to make Swingline Loans in accordance with Section 2.4, (iv) each Revolving Loan 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 Commitment Amount from time to time in effect; and (v) each Term Loan Lender severally agrees to make a Term Loan to the Borrower in a principal amount not exceeding such Term Loan Lender’s Term Loan Commitment on the Closing Date.

Appears in 1 contract

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

General Description of Facilities. Subject to and upon the terms and conditions herein set forth, (iA)(i) the Revolving Loan Lenders hereby establish in favor of the Borrower a revolving credit facility pursuant to which each Revolving Loan Lender the Lenders severally agrees agree (to the extent of each Lender's Revolving Commitment Percentage up to such Lender’s 's Revolving Commitment) to make Revolving Loans to the Borrower in accordance with Section 2.2, (ii) the Issuing Bank agrees to issue Letters of Credit in accordance with Section 2.232.22, (iii) the Swingline Lender agrees to make Swingline Loans in accordance with Section 2.4, and (iv) each Revolving Loan 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, the Swingline Loans Reserve and outstanding LC Exposure exceed at any time the Aggregate Revolving Commitment Amount Commitments from time to time in effect; , and (vB) each Term Loan Lender severally agrees to make a Term Loan to the Borrower in a principal amount not exceeding equal to such Term Loan Lender’s 's Term Loan Commitment on the Closing Date.

Appears in 1 contract

Samples: Credit Agreement (Harland John H Co)

General Description of Facilities. Subject to and upon the terms and conditions herein set forth, (i) the Revolving Loan Lenders hereby establish in favor of the Borrower a revolving credit facility pursuant to which each Revolving Loan Lender severally agrees (to the extent of such Lender’s Revolving Commitment) to make Revolving Loans in Dollars to the Borrower in accordance with Section 2.2, (ii) the applicable Issuing Bank agrees to may issue Letters of Credit denominated in Dollars in accordance with Section 2.232.22, (iii) the Swingline Lender agrees to may make Swingline Loans in Dollars in accordance with Section 2.4, (iv) each Revolving Loan 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 Commitment Amount Commitments in effect from time to time in effecttime; and (v) each Term Loan Lender severally agrees to make a advance its portion of the Term Loan A to the Borrower in Dollars in one advance on the Closing Date in a principal amount not exceeding such Term Loan Lender’s Term Loan Commitment on the Closing DateA Commitment.

Appears in 1 contract

Samples: Credit Agreement (Cross Country Healthcare Inc)

AutoNDA by SimpleDocs

General Description of Facilities. Subject to and upon the terms and conditions herein set forth, (i) the Revolving Loan Lenders hereby establish in favor of the Borrower a revolving credit facility pursuant to which each Revolving Loan Lender the Lenders severally agrees agree (to the extent of each Lender's Pro Rata Share and not to exceed such Lender’s 's Revolving Commitment) to make Revolving Loans to the Borrower in accordance with Section 2.2, (ii) the Issuing Bank agrees to issue Letters of Credit in accordance with Section 2.232.24, (iii) the Swingline Lender agrees to make Swingline Loans in accordance with Section 2.4, (iv) each Revolving Loan 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 Commitment Amount Commitments from time to time in effect; and (v) each Term Loan Lender severally agrees to make a Term Loan to the Borrower in a principal amount not exceeding such Term Loan Lender’s 's Term Loan Commitment on the Closing Date.

Appears in 1 contract

Samples: Credit and Term Loan Agreement (First Acceptance Corp /De/)

General Description of Facilities. (a) Subject to and upon the terms and conditions herein set forth, (i) the Revolving Loan Lenders hereby establish in favor of the Borrower a revolving credit facility pursuant to which each Revolving Loan 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 agrees to issue Letters of Credit in accordance with Section 2.232.22, (iii) the Swingline Lender agrees to make Swingline Loans in accordance with Section 2.4, (iv) each Lender with a Revolving Loan Lender Commitment 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 LEGAL02/36800330v21 Revolving Loans, Swingline Loans and outstanding LC Exposure exceed at any time the Aggregate Revolving Commitment Amount from time to time in effect; and (v) each Increasing Lender with an Additional Term Loan Lender A-3 Commitment severally agrees to make a an additional Term Loan A-3 to the Borrower in a principal amount not exceeding equal to such Lender’s Additional Term Loan Lender’s Term Loan A-3 Commitment on the Closing Date.

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, (ia) the Revolving Loan Lenders hereby establish in favor of the Borrower a revolving credit facility pursuant to which each Revolving Loan Lender severally agrees (to the extent of such Lender’s Revolving Commitment) to make Revolving Loans in Dollars to the Borrower in accordance with Section 2.2, (iib) the applicable Issuing Bank agrees to may issue Letters of Credit denominated in Dollars in accordance with Section 2.232.22, (iiic) the Swingline Lender agrees to may make Swingline Loans in Dollars in accordance with Section 2.4, (ivd) each Revolving Loan 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 Commitment Amount Commitments in effect from time to time in effect; time, and (ve) each Term Loan Lender severally agrees to make a advance its portion of the Term Loan A to the Borrower in Dollars in one advance on the Effective Date in a principal amount not exceeding such Term Loan Lender’s Term Loan Commitment on the Closing DateA Commitment.

Appears in 1 contract

Samples: Credit Agreement (Cross Country Healthcare Inc)

General Description of Facilities. Subject to and upon the terms and conditions herein set forth, (i) the Revolving Loan Lenders hereby establish in favor of the Borrower a revolving credit facility pursuant to which each Revolving Loan Lender severally agrees (to the extent of such Lender’s Revolving Commitment) to make Revolving Loans to the Borrower in Dollars in accordance with Section 2.2, (ii) the Issuing Bank agrees to may issue Letters of Credit denominated in Dollars in accordance with Section 2.232.22, (iii) the Swingline Lender agrees to may make Swingline Loans to the Borrower in Dollars in accordance with Section 2.4, (iv) each Revolving Loan 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 Commitment Amount Commitments in effect from time to time in effecttime; and (v) each Term Loan Lender severally agrees to make a advance its portion of the Term Loan A to the Borrower in Dollars on the Closing Date in a principal amount not exceeding such Term Loan Lender’s Term Loan Commitment on the Closing DateA Commitment.

Appears in 1 contract

Samples: Credit Agreement (Biote Corp.)

General Description of Facilities. Subject to and upon the terms and conditions herein set forth, (i) the Revolving Loan 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 Revolving Loan 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 agrees to issue Letters of Credit in accordance with Section 2.232.24, (iii) the Swingline Lender agrees to make Swingline Loans in accordance with Section 2.4, and (iv) each Revolving Loan 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 Commitment Amount Commitments from time to time in effect; and (v) each Term Loan Lender severally agrees to make a Term Loan to the Borrower in a principal amount not exceeding such Term Loan Lender’s Term Loan Commitment on the Closing Date.

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, (A) (i) the Revolving Loan Lenders hereby establish in favor of the Borrower a revolving credit facility pursuant to which each Revolving Loan Lender the Lenders severally agrees agree (to the extent of each Lender's Revolving Commitment Percentage up to such Lender’s 's Revolving Commitment) to make Revolving Loans to the Borrower in accordance with Section 2.2, (ii) the Issuing Bank agrees to issue Letters of Credit in accordance with Section 2.232.22, (iii) the Swingline Lender agrees to make Swingline Loans in accordance with Section 2.4, and (iv) each Revolving Loan 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 Commitment Amount Commitments from time to time in effect; , and (vB) each Term Loan Lender severally agrees to make a Term Loan to the Borrower in a principal amount not exceeding equal to such Term Loan Lender’s 's Term Loan Commitment on the Closing Date.

Appears in 1 contract

Samples: Credit Agreement (Harland John H Co)

Time is Money Join Law Insider Premium to draft better contracts faster.