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: (a) the Lenders hereby establish, in favor of the Borrower, two (2) revolving credit facilities (as provided below), pursuant to which each Lender severally agrees (to the extent of such Lender’s applicable Revolving Commitment) to make applicable Revolving Loans to the Borrower in Dollars in accordance with Section 2.2; (b) the Issuing Bank may issue Letters of Credit denominated in Dollars in accordance with Section 2.22; (c) the Swingline Lender may make Swingline Loans to the Borrower in Dollars in accordance with Section 2.4; (d) each Lender with a Working Capital Revolving 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, (i) 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, (ii) in no event shall the aggregate principal amount of all outstanding Working Capital Revolving Loans, Swingline Loans and outstanding LC Exposure exceed the Aggregate Working Capital Revolving Commitments in effect from time to time, and (iii) in no event shall the aggregate principal amount of all outstanding Acquisition Revolving Loans exceed the Aggregate Acquisition Revolving Commitments in effect from time to time; and (e) each Lender severally agrees to advance its portion of the Term Loan A to the Borrower in Dollars on the Effective Date in accordance with Section 2.5 in a principal amount not exceeding such Lender’s Term Loan A Commitment.

Appears in 2 contracts

Samples: Credit Agreement (Rotech Healthcare Holdings Inc.), Credit Agreement (Rotech Healthcare Holdings Inc.)

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General Description of Facilities. Subject to and upon the terms and conditions herein set forth: , (ai) the Lenders hereby establish, establish in favor of the Borrower, two (2) Borrower a revolving credit facilities (as provided below), facility pursuant to which each Lender severally agrees (to the extent of such Lender’s applicable Revolving Commitment) to make applicable Revolving Loans to the Borrower in Dollars in accordance with Section 2.2; (bii) the Issuing Bank may issue Letters of Credit denominated in Dollars in accordance with Section 2.22; (ciii) the Swingline Lender may make Swingline Loans to the Borrower in Dollars in accordance with Section 2.4; (div) each Lender with a Working Capital Revolving 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, (i) ; 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 time, (ii) in no event shall the aggregate principal amount of all outstanding Working Capital Revolving Loans, Swingline Loans and outstanding LC Exposure exceed the Aggregate Working Capital Revolving Commitments in effect from time to time, and (iii) in no event shall the aggregate principal amount of all outstanding Acquisition Revolving Loans exceed the Aggregate Acquisition Revolving Commitments in effect from time to at such time; and (ev) each Lender severally agrees to advance its portion of the make an Initial Term B Loan A to the Borrower in Dollars on the Effective Date in accordance with Section 2.5 in a principal amount not exceeding such Lender’s Initial Term B Loan A 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: , (ai) the Lenders hereby establish, establish in favor of the Borrower, two (2) Borrower a revolving credit facilities (as provided below), facility pursuant to which each Lender severally agrees (to the extent of such Lender’s applicable Revolving Commitment) to make applicable Revolving Loans to the Borrower in Dollars in accordance with Section 2.2; , (bii) the Issuing Bank may agrees to issue Letters of Credit denominated in Dollars in accordance with Section 2.22; , (ciii) the Swingline Lender may agrees to make Swingline Loans to the Borrower in Dollars in accordance with Section 2.4; , (div) each Lender with a Working Capital Revolving 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, (i) 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, (ii) in no event shall the aggregate principal amount of all outstanding Working Capital Revolving Loans, Swingline Loans and outstanding LC Exposure exceed the Aggregate Working Capital Revolving Commitments in effect from time to time, hereof and (iii) in no event shall the aggregate principal amount of all outstanding Acquisition Revolving Loans exceed the Aggregate Acquisition Revolving Commitments in effect from time to time; and (ev) each Lender severally agrees to advance its portion of the make a Term Loan A to the Borrower in Dollars on the Effective Date in accordance with Section 2.5 in a principal amount not exceeding such Lender’s Term Loan A Commitment; provided, that no 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 the Revolving Loans and the LC Exposure of all Lenders (determined in accordance with Section 2.26) would thereby exceed the Aggregate Revolving Commitment Amount then in effect; or (ii) the Dollar Equivalent of the Revolving Credit Exposure of such Lender (determined in accordance with Section 2.26) 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 as set forth in Section 2.3.

Appears in 1 contract

Samples: And Term Loan Agreement (Bristow Group Inc)

General Description of Facilities. Subject to and upon the terms and conditions herein set forth: , (ai) the Lenders hereby establish, establish in favor of the Borrower, two (2) Borrower a revolving credit facilities (as provided below), facility pursuant to which each Lender severally agrees (to the extent of such Lender’s applicable Revolving Commitment) to make applicable Revolving Loans to the Borrower in Dollars in accordance with Section 2.2; (bii) the Issuing Bank may issue Letters of Credit denominated in Dollars in accordance with Section 2.22; (ciii) the Swingline Lender may make Swingline Loans to the Borrower in Dollars in accordance with Section 2.4; (div) each Lender with a Working Capital Revolving 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, (i) ; 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, (ii) in no event shall the aggregate principal amount of all outstanding Working Capital Revolving Loans, Swingline Loans and outstanding LC Exposure exceed the Aggregate Working Capital Revolving Commitments in effect from time to time, and (iii) in no event shall the aggregate principal amount of all outstanding Acquisition Revolving Loans exceed the Aggregate Acquisition Revolving Commitments Commitment Amount in effect from time to time; and (ev) each Lender severally agrees to advance its portion of the make a Term Loan A to the Borrower in Dollars on the Effective Date in accordance with Section 2.5 in a principal amount not exceeding such Lender’s Term Loan A CommitmentCommitment on the Closing Date; and (vi) each Lender severally agrees to make Delayed Draw Term Loans to the Borrower in a principal amount not exceeding such Lender’s Delayed Draw Term Loan Commitment in effect from time to time.

Appears in 1 contract

Samples: Revolving Credit and Term Loan Agreement (Repay Holdings Corp)

General Description of Facilities. Subject to and upon the terms and conditions herein set forth: , (ai) the Lenders hereby establish, establish in favor of the Borrower, two (2) Borrower a revolving credit facilities (as provided below), facility pursuant to which each Lender the Lenders severally agrees agree (to the extent of such each Lender’s applicable Revolving Commitment) to make applicable Revolving Loans to the Borrower in Dollars in accordance with Section 2.2; , (bii) the Issuing Bank may issue Letters of Credit denominated in Dollars in accordance with Section 2.22; 2.24, (ciii) the Swingline Lender may make Swingline Loans to the Borrower in Dollars in accordance with Section 2.4; , (div) each Lender with a Working Capital Revolving 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, (i) 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 timetime in effect, (ii) in no event shall the aggregate principal amount of all outstanding Working Capital Revolving Loans, Swingline Loans and outstanding LC Exposure exceed the Aggregate Working Capital Revolving Commitments in effect from time to time, and (iii) in no event shall the aggregate principal amount of all outstanding Acquisition Revolving Loans exceed the Aggregate Acquisition Revolving Commitments in effect from time to time; and (ev) each Lender severally agrees to advance its portion of the Term Loan A to the Borrower in Dollars on the Effective Date in accordance with Section 2.5 in a principal amount not exceeding such Lender’s Term Loan A CommitmentCommitment 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: Credit and Term Loan Agreement (Aaron's Inc)

General Description of Facilities. Subject to and upon the terms and conditions herein set forth: , (a) the Lenders hereby establish, establish in favor of the Borrower, two (2) Borrower a revolving credit facilities (as provided below), 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 applicable 's Revolving Commitment) to make applicable Revolving Loans to the Borrower in Dollars accordance with Section 2.2, (ii) the Issuing Bank agrees to issue Letters of Credit in accordance with Section 2.2; 2.21, (b) the Issuing Bank may issue Letters of Credit denominated in Dollars in accordance with Section 2.22; (c) the Swingline Lender may make Swingline Loans to the Borrower in Dollars in accordance with Section 2.4; (diii) each Lender with a Working Capital Revolving 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, (i) 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, (ii) time in no event shall the aggregate principal amount of all outstanding Working Capital Revolving Loans, Swingline Loans and outstanding LC Exposure exceed the Aggregate Working Capital Revolving Commitments in effect from time to time, and (iii) in no event shall the aggregate principal amount of all outstanding Acquisition Revolving Loans exceed the Aggregate Acquisition Revolving Commitments in effect from time to timeeffect; and (eiv) each Lender severally agrees to advance its portion of the make a Term Loan A to the Borrower in Dollars on the Effective Date in accordance with Section 2.5 2.4 in a principal amount not exceeding such Lender’s 's Term Loan A Commitment on the Closing Date. The Aggregate Revolving Commitments may be increased from time to time following additional syndication to banks and other financial institutions acceptable to the Borrower and the Administrative Agent; provided, that the Aggregate Revolving Commitments shall not exceed $47,500,000. In order to effectuate such increase in the Aggregate Revolving Commitments, the Borrower, the Administrative Agent and each bank or financial institution which will become a Lender hereunder (a "New Lender") shall execute and deliver a Lender Addition Agreement, substantially in the form of Exhibit 2.1 attached hereto (a "Lender Addition Agreement"). The increased Aggregate Revolving Commitments as well as the Revolving Commitment for the New Lender shall be set forth in the Lender Addition Agreement. As a condition to the effectiveness of such Lender Addition Agreement, the Borrower shall deliver to the Administrative Agent a Revolving Credit Note payable to the New Lender in the face amount of the New Lender's Revolving Commitment.

Appears in 1 contract

Samples: Credit and Term Loan Agreement (Fpic Insurance Group Inc)

General Description of Facilities. Subject to and upon the terms and conditions herein set forth: , (ai) the Lenders with Revolving Commitments hereby establish, establish in favor of the Borrower, two (2) Borrower a revolving credit facilities (as provided below), facility pursuant to which each Lender the Lenders with Revolving Commitments severally agrees agree (to the extent of each Lender’s Pro Rata Share up to such Lender’s applicable Revolving Commitment) to make applicable Revolving Loans to the Borrower in Dollars accordance with Section 2.2, (ii) the Issuing Bank agrees to issue Letters of Credit in accordance with Section 2.2; 2.24, (b) the Issuing Bank may issue Letters of Credit denominated in Dollars in accordance with Section 2.22; (ciii) the Swingline Lender may agrees to make Swingline Loans to the Borrower in Dollars in accordance with Section 2.4; , (div) each Lender with a Working Capital Revolving 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, (i) 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, (ii) in no event shall the aggregate principal amount of all outstanding Working Capital Revolving Loans, Swingline Loans and outstanding LC Exposure exceed the Aggregate Working Capital Revolving Commitments time in effect from time to time, and (iii) in no event shall the aggregate principal amount of all outstanding Acquisition Revolving Loans exceed the Aggregate Acquisition Revolving Commitments in effect from time to time; and (ev) each Lender with a Term Loan Commitment severally agrees to advance its portion of the make a Term Loan A to the Borrower in Dollars on the Effective Closing Date in accordance with Section 2.5 in a principal amount not exceeding such Lender’s Term Loan A Commitment.. Section 2.2

Appears in 1 contract

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

General Description of Facilities. Subject to and upon the terms and conditions herein set forth: forth and, in the case of clauses (ai), (vii) and (viii) below, in the First Amendment, (i) the Lenders hereby establish, establish in favor of the Borrower, two (2) Borrower a revolving credit facilities (as provided below), facility pursuant to which each Lender severally agrees (to the extent of such Lender’s applicable Revolving Commitment) to make applicable Revolving Loans to the Borrower in Dollars in accordance with Section 2.2; (bii) the Issuing Bank may issue Letters of Credit denominated in Dollars in accordance with Section 2.22; (ciii) the Swingline Lender may make Swingline Loans to the Borrower in Dollars in accordance with Section 2.4; (div) each Lender with a Working Capital Revolving 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, (i) ; 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, (ii) in no event shall the aggregate principal amount of all outstanding Working Capital Revolving Loans, Swingline Loans and outstanding LC Exposure exceed the Aggregate Working Capital Revolving Commitments in effect from time to time, and (iii) in no event shall the aggregate principal amount of all outstanding Acquisition Revolving Loans exceed the Aggregate Acquisition Revolving Commitments Commitment Amount in effect from time to time; and (ev) each Lender severally agrees to advance its portion of the make a Term Loan A to the Borrower in Dollars on the Effective Date in accordance with Section 2.5 in a principal amount not exceeding such Lender’s Term Loan A CommitmentCommitment on the Closing Date; and (vi) each Lender severally agrees to make Delayed Draw Term Loans to the Borrower in a principal amount not exceeding such Lender’s Delayed Draw Term Loan Commitment in effect from time to timeClosing Date DDTL Commitment in effect during the Closing Date Delayed Draw Availability Period; (vii) each Lender severally agrees to make a First Amendment Incremental Term Loan to the Borrower in a principal amount not exceeding such Lender’s First Amendment Incremental Term Loan Commitment on the First Amendment Effective Date; and (viii) each Lender severally agrees to make Delayed Draw Term Loans to the Borrower in a principal amount not exceeding such Lender’s First Amendment DDTL Commitment in effect during the First Amendment Delayed Draw Availability Period.

Appears in 1 contract

Samples: Revolving Credit and Term Loan Agreement (Repay Holdings Corp)

General Description of Facilities. Subject to and upon the terms and conditions herein set forth: , (ai) the Revolving Lenders hereby establish, establish in favor of the Borrower, two (2) Borrower a revolving credit facilities (as provided below), facility pursuant to which each Revolving Lender severally agrees (to the extent of such LenderXxxxxx’s applicable Revolving Commitment) to make applicable Revolving Loans in Dollars to the Borrower in Dollars in accordance with Section 2.2; (bii) the each Issuing Bank may issue Letters of Credit denominated in Dollars in accordance with Section 2.22; (ciii) the Swingline Lender may make Swingline Loans to the Borrower in Dollars in accordance with Section 2.4; (div) each Revolving Lender with a Working Capital Revolving 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, (i) ; 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, (ii) in no event shall the aggregate principal amount of all outstanding Working Capital Revolving Loans, Swingline Loans and outstanding LC Exposure exceed the Aggregate Working Capital Revolving Commitments in effect from time to time, and (iii) in no event shall the aggregate principal amount of all outstanding Acquisition Revolving Loans exceed the Aggregate Acquisition Revolving Commitments Commitment Amount in effect from time to time; and (ev) each Term Lender with a Term A Loan Commitment severally agrees to advance its portion of the make a Term A Loan A to the Borrower in a principal amount equal to such Lender’s Term A Loan Commitment in Dollars on the Third Amendment Effective Date Date; and (vi) each Term Lender with a Delayed Draw Term Loan Commitment severally agrees to make Delayed Draw Term Loans to the Borrower in accordance with Section 2.5 in a an aggregate principal amount not exceeding such Term Lender’s Delayed Draw Term Loan A CommitmentCommitment in Dollars on the dates requested pursuant to Section 2.5(c).

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: , (ai) the Revolving Lenders hereby establish, establish in favor of the Borrower, two (2) Borrower a revolving credit facilities (as provided below), facility pursuant to which each Revolving Lender severally agrees (to the extent of such Lender’s applicable its Pro Rata Share based on its Revolving CommitmentCommitment and the Aggregate Revolving Commitments) to make applicable Revolving Loans to the Borrower in Dollars accordance with Section 2.2, (ii) each Issuing Bank agrees to issue Letters of Credit in accordance with Section 2.2; 2.24, (b) the Issuing Bank may issue Letters of Credit denominated in Dollars in accordance with Section 2.22; (ciii) the Swingline Lender may agrees to make Swingline Loans to the Borrower in Dollars in accordance with Section 2.4; , (div) each Revolving Lender with a Working Capital Revolving 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, and (iv) each Term Lender severally agrees to make a Term Loan to the Borrower in a single draw on the Fifth Restatement Date in a principal amount not exceeding such Lender’s Term Loan Commitment; 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 Commitment Amount in effect from time to at such time. Each Letter of Credit shall be issued in an Acceptable Currency, (ii) as specified by the Borrower as set forth in no event shall Section 2.24; provided further, that the aggregate Dollar Equivalent amount of the principal amount amounts of all outstanding Working Capital Revolving Loans, Swingline Loans and outstanding LC Exposure Letters of Credit issued in Acceptable Currencies other than Dollars shall at no time exceed the Aggregate Working Capital Revolving Commitments Foreign Currency Sublimit then in effect from time to time, and (iii) in no event shall the aggregate principal amount of all outstanding Acquisition Revolving Loans exceed the Aggregate Acquisition Revolving Commitments in effect from time to time; and (e) each Lender severally agrees to advance its portion of the Term Loan A to the Borrower in Dollars on the Effective Date in accordance with Section 2.5 in a principal amount not exceeding such Lender’s Term Loan A Commitmenteffect.

Appears in 1 contract

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

General Description of Facilities. Subject to and upon the terms and conditions herein set forth: , (ai) the Revolving Lenders hereby establish, establish in favor of the Borrower, two (2) Borrower a revolving credit facilities (as provided below), facility pursuant to which each Revolving Lender severally agrees (to the extent of such Lender’s applicable its Pro Rata Share based on its Revolving CommitmentCommitment and the Aggregate Revolving Commitments) to make applicable Revolving Loans to the Borrower in Dollars accordance with Section 2.2, (ii) each Issuing Bank agrees to issue Letters of Credit in accordance with Section 2.2; 2.24, (b) the Issuing Bank may issue Letters of Credit denominated in Dollars in accordance with Section 2.22; (ciii) the Swingline Lender may agrees to make Swingline Loans to the Borrower in Dollars in accordance with Section 2.4; , (div) each Revolving Lender with a Working Capital Revolving 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, and (iv) each Lender with a Term Loan Commitment severally agrees to make Term Loans to the Borrower in a principal amount not exceeding such Lender's Term Loan A Commitment on the Closing Date in accordance with Section 2.6 and such Lender's Delayed Term Loan Commitment thereafter in accordance with Section 2.28; 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 Commitment Amount in effect from time to at such time. Each Letter of Credit shall be issued in an Acceptable Currency, (ii) as specified by the Borrower as set forth in no event shall Section 2.24; provided further, that the aggregate Dollar Equivalent amount of the principal amount amounts of all outstanding Working Capital Revolving Loans, Swingline Loans and outstanding LC Exposure Letters of Credit issued in Acceptable Currencies other than Dollars shall at no time exceed the Aggregate Working Capital Revolving Commitments Foreign Currency Sublimit then in effect from time to time, and (iii) in no event shall the aggregate principal amount of all outstanding Acquisition Revolving Loans exceed the Aggregate Acquisition Revolving Commitments in effect from time to time; and (e) each Lender severally agrees to advance its portion of the Term Loan A to the Borrower in Dollars on the Effective Date in accordance with Section 2.5 in a principal amount not exceeding such Lender’s Term Loan A Commitmenteffect.

Appears in 1 contract

Samples: Credit and Term Loan Agreement (Tivity Health, Inc.)

General Description of Facilities. Subject to and upon the terms and conditions herein set forth: , (ai) the Revolving Lenders hereby establish, establish in favor of the Borrower, two (2) Borrower a revolving credit facilities (as provided below), facility pursuant to which each Revolving Lender severally agrees (to the extent of such Lender’s applicable its Pro Rata Share based on its Revolving CommitmentCommitment and the Aggregate Revolving Commitments) to make applicable Revolving Loans to the Borrower in Dollars accordance with Section 2.2, (ii) each Issuing Bank agrees to issue Letters of Credit in accordance with Section 2.2; 2.24, (b) the Issuing Bank may issue Letters of Credit denominated in Dollars in accordance with Section 2.22; (ciii) the Swingline Lender may agrees to make Swingline Loans to the Borrower in Dollars in accordance with Section 2.4; , (div) each Revolving Lender with a Working Capital Revolving 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, and (iv) each Term Lender severally agrees to make a Term Loan to the Borrower in a single draw on the Fifth RestatementEighth Amendment Date in a principal amount not exceeding such Lender's Term Loan Commitment (which shall be deemed satisfied in full without any further action by converting such Lender's existing outstanding Term Loan immediately prior to the Eighth Amendment Date into either a Non-Extending Term Loan or an Extending Term Loan in accordance with the Eighth Amendment); 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 Commitment Amount in effect from at such time. Each Letter of Credit shall be issued in an Acceptable Currency, as specified by the Borrower as set forth in Section 2.24; provided further, that the aggregate Dollar Equivalent amount of the principal amounts of all outstanding Letters of Credit issued in Acceptable Currencies other than Dollars shall at no time exceed the Foreign Currency Sublimit then in effect. On the Eighth Amendment Date, (i) each Lender that does not extend the maturity date of its Term Loan pursuant to timethe Eighth Amendment shall continue to have a Non-Extended Term Loan outstanding to the Borrower in a principal amount equal to such Lender's Non-Extended Term Loan Commitment, (ii) in no event shall the aggregate principal amount of all outstanding Working Capital Revolving Loans, Swingline Loans and outstanding LC Exposure exceed the Aggregate Working Capital Revolving Commitments in effect from time to time, and (iii) in no event shall the aggregate principal amount of all outstanding Acquisition Revolving Loans exceed the Aggregate Acquisition Revolving Commitments in effect from time to time; and (e) each Lender severally agrees that does not extend the commitment termination date of its Revolving Commitment pursuant to advance its portion of the Term Loan A Eighth Amendment shall continue to have a Non-Extended Revolving Commitment outstanding to the Borrower in Dollars on a principal amount equal to such Lender's Non-Extended Revolving Commitment, (iii) each Lender that elects to extend the Effective Date in accordance with Section 2.5 maturity date of its Term Loan shall continue to have outstanding an Extended Term Loan to the Borrower in a principal amount not exceeding equal to such Lender’s 's Extended Term Loan A Commitment and (iv) each Lender that elects to extend the commitment termination date of its Revolving Commitment pursuant to the Eighth Amendment shall continue to have outstanding an Extended Revolving Commitment to the Borrower in a principal amount equal to such Lender's Extended Revolving Commitment.

Appears in 1 contract

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

General Description of Facilities. Subject to and upon the terms and conditions herein set forth: , (a) the Lenders hereby establish, establish in favor of the Borrower, two (2) Borrower a revolving credit facilities (as provided below), 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 applicable 's Revolving Commitment) to make applicable Revolving Loans to the Borrower in Dollars in accordance with Section 2.2; , (b) the Issuing Bank may issue Letters of Credit denominated in Dollars in accordance with Section 2.22; (c) the Swingline Lender may agrees to make Swingline Loans to the Borrower in Dollars in accordance with Section 2.4; , (c) the Issuing Bank agrees to issue Letters of Credit in accordance with Section 2.23, and (d) each Lender with a Working Capital Revolving Commitment 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, (i) 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 Aggregate Revolving Commitments in effect from time to timetime in effect, or (iiz) in no event shall the aggregate principal U.S. Dollar Equivalent amount of all outstanding Working Capital Revolving Loans, Swingline Loans and outstanding LC Exposure exceed the Aggregate Working Capital Revolving Commitments Obligations funded and issued in effect from time to time, and Foreign Currency (iii) in no event shall the aggregate principal amount of all outstanding Acquisition Revolving Loans exceed the Aggregate Acquisition Revolving Commitments in effect from time to time; and (e) each Lender severally agrees to advance its portion of the Term Loan A to the Borrower in Dollars on the Effective Date determined in accordance with Section 2.5 10.14) exceed the Foreign Currency Commitment from time to time in effect. The Aggregate Revolving Commitments may be increased from time to time following additional syndication to banks and other financial institutions acceptable to the Borrower and the Administrative Agent; provided, that the Aggregate Revolving Commitments shall not exceed $75,000,000. In order to effectuate such increase in the Aggregate Revolving Commitments, the Borrower, the Administrative Agent and each bank or financial institution which will become a principal Lender hereunder (a "NEW LENDER") shall execute and deliver a Lender Addition Agreement, substantially in the form of Exhibit 2.1 attached hereto (a "LENDER ADDITION AGREEMENT"). The increased Aggregate Revolving Commitments as well as the Revolving Commitment for the New Lender shall be set forth in the Lender Addition Agreement. As a condition to the effectiveness of such Lender Addition Agreement, the Borrower shall deliver to the Administrative Agent a Revolving Credit Note payable to the New Lender in the face amount not exceeding such of the New Lender’s Term Loan A 's Revolving Commitment.

Appears in 1 contract

Samples: Revolving Credit Agreement (Sykes Enterprises Inc)

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General Description of Facilities. Subject to and upon the terms and conditions herein set forth: , (ai) the Tranche A Revolving Lenders hereby establish, establish in favor of the Borrower, two (2) Borrowers a revolving credit facilities (as provided below), facility pursuant to which each Tranche A Revolving Lender severally agrees (to the extent of such Tranche A Revolving Lender’s applicable Tranche A Revolving Commitment) to make applicable Tranche A Revolving Loans to the Borrower in Dollars Borrowers in accordance with Section 2.22.2(a); (bii) the Tranche A-1 Revolving Lenders hereby establish in favor of the Borrowers a “first-in, last-out” revolving credit facility pursuant to which each Tranche A-1 Revolving Lender severally agrees (to the extent of such Tranche A-1 Revolving Lender’s Tranche A-1 Revolving Commitment) to make Tranche A-1 Revolving Loans to the Borrowers in accordance with Section 2.2(b); (iii) the Issuing Bank may issue Letters of Credit denominated in Dollars in accordance with Section 2.222.24; (civ) the Swingline Lender may make Swingline Loans to the Borrower in Dollars in accordance with Section 2.4; (dv) each Lender with a Working Capital Revolving Commitment severally agrees to purchase a participation interest in the Letters of Credit and the Swingline Loans pursuant to the terms and conditions hereof, provided, that, ; (ivi) each Lender severally agrees (to the extent of such Lender’s Revolving Commitment) to make Revolving Loans in the form of Agent Advances in accordance with Section 2.6; and (vii) each Lender severally agrees to make a Term Loan to the Borrowers on the Closing Date in a principal amount not exceeding such Lender’s Term Loan Commitment in accordance with Section 2.7; provided that in no event shall (A) the aggregate principal amount of all outstanding Revolving Loans, Swingline Loans and outstanding LC Exposure exceed Availability, (B) the Aggregate Tranche A Revolving Commitments in effect from time to time, (ii) in no event shall the aggregate principal amount of all outstanding Working Capital Revolving Loans, Swingline Loans and outstanding LC Credit Exposure exceed Tranche A Availability or (C) the Aggregate Working Capital Tranche A-1 Revolving Commitments in effect from time to time, and (iii) in no event shall the aggregate principal amount of all outstanding Acquisition Revolving Loans Credit Exposure exceed the Aggregate Acquisition Revolving Commitments in effect from time to time; and (e) each Lender severally agrees to advance its portion of the Term Loan A to the Borrower in Dollars on the Effective Date in accordance with Section 2.5 in a principal amount not exceeding such Lender’s Term Loan A CommitmentTranche A-1 Availability.

Appears in 1 contract

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

General Description of Facilities. (a) Subject to and upon the terms and conditions herein set forth: , (ai) the Lenders hereby establish, establish in favor of the Borrower, two (2) Borrower a revolving credit facilities (as provided below), facility pursuant to which each Lender severally agrees (to the extent of such Lender’s applicable Revolving Commitment, including any increase in Revolving Commitments initially provided in the form of 2023 Revolving Commitments on the Amendment No. 5 Effective Date) to make applicable Revolving Loans to the Borrower in Dollars in accordance with Section 2.2; , (bii) the Issuing Bank may agrees to issue Letters of Credit denominated in Dollars in accordance with Section 2.22; , (ciii) the Swingline Lender may agrees to make Swingline Loans to the Borrower in Dollars in accordance with Section 2.4; , (div) each Lender with a Working Capital Revolving 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, (i) 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 time, (ii) time in no event shall the aggregate principal amount of all outstanding Working Capital Revolving Loans, Swingline Loans and outstanding LC Exposure exceed the Aggregate Working Capital Revolving Commitments in effect from time to time, and (iii) in no event shall the aggregate principal amount of all outstanding Acquisition Revolving Loans exceed the Aggregate Acquisition Revolving Commitments in effect from time to timeeffect; and (ev) each Increasing Lender with an Additional Term Loan A-34 Commitment severally agrees to advance its portion of the make an additional Term Loan A A-34 to the Borrower in Dollars on the Effective Date in accordance with Section 2.5 in a principal amount not exceeding equal to such Lender’s Additional Term Loan A CommitmentA-34 Commitment on the ClosingAmendment No. 5 Effective 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: , (ai) the Lenders hereby establish, establish in favor of the Borrower, two (2) Borrower a revolving credit facilities (as provided below), facility pursuant to which each Lender severally agrees (to the extent of such Lender’s applicable Revolving Commitment) to make applicable Revolving Loans to the Borrower in Dollars in accordance with Section 2.2; , (bii) the Issuing Bank may issue Letters of Credit denominated in Dollars in accordance with Section 2.22; , (ciii) the Swingline Lender may make Swingline Loans to the Borrower in Dollars in accordance with Section 2.4; , (div) each Lender with a Working Capital Revolving 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, (i) 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, ; (ii) in no event shall the aggregate principal amount of all outstanding Working Capital Revolving Loans, Swingline Loans and outstanding LC Exposure exceed the Aggregate Working Capital Revolving Commitments in effect from time to time, and (iii) in no event shall the aggregate principal amount of all outstanding Acquisition Revolving Loans exceed the Aggregate Acquisition Revolving Commitments in effect from time to time; and (ev) each Lender severally agrees to advance make its portion of the Term Loan A to the Borrower in Dollars on the Effective Closing Date in accordance with Section 2.5 in a principal amount not exceeding such Lender’s Term Loan A Commitment; and (vi) the Lenders hereby establish in favor of the Borrower a delayed draw term loan facility pursuant to which each Lender severally agrees (to the extent of such Lender’s Delayed Draw Term Loan Commitment) to make its portion of the Delayed Draw Term Loan to the Borrower in accordance with Section 2.5(b).

Appears in 1 contract

Samples: Credit Agreement (Malibu Boats, Inc.)

General Description of Facilities. Subject to and upon the terms and conditions herein set forth: , (ai) the Lenders hereby establish, establish in favor of the Borrower, two (2) Borrower a revolving credit facilities (as provided below), facility pursuant to which each Lender severally agrees (to the extent of such Lender’s applicable Revolving Commitment) to make applicable Revolving Loans to the Borrower in Dollars in accordance with Section 2.2; , (bii) the Issuing Bank may agrees to issue Letters of Credit denominated in Dollars in accordance with Section 2.22; , (ciii) the Swingline Lender may agrees to make Swingline Loans to the Borrower in Dollars in accordance with Section 2.4; , (div) each Multicurrency Lender with a Working Capital Revolving 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, (i) 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, ; (ii) in no event shall the aggregate principal amount of all outstanding Working Capital Revolving Loans, Swingline Loans and outstanding LC Exposure exceed the Aggregate Working Capital Revolving Commitments in effect from time to time, and (iii) in no event shall the aggregate principal amount of all outstanding Acquisition Revolving Loans exceed the Aggregate Acquisition Revolving Commitments in effect from time to time; and (ev) each Lender severally agrees to advance make its portion of the Term Loan A to the Borrower in Dollars on the Effective Closing Date in accordance with Section 2.5 in a principal amount not exceeding such Lender’s Term Loan Commitment; (vi) each Lender severally agrees to make its portion of the Add-On Term Loan to the Borrower on the First Amendment Effective Date in a principal amount not exceeding such Lender’s Add-On Term Loan Commitment; and (vii) subject to the conditions set forth in Section 2 of the Sixth Amendment, each Lender severally agrees to make its portion of the Incremental Term Loan A Commitmentto the Borrower on the Banamex Acquisition Effective Date.

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: , (ai) the Revolving Credit Lenders hereby establish, establish in favor of the Borrower, two (2) Borrower a revolving credit facilities (as provided below), facility pursuant to which each Lender severally agrees (to the extent of such Lender’s applicable Revolving Commitment) to make applicable Revolving Loans to the Borrower in Dollars during the Availability Period in accordance with Section 2.2; 2.3, (bii) the Issuing Bank may agrees to issue Letters of Credit denominated in Dollars during the Availability Period in accordance with Section 2.22; , (ciii) the Swingline Lender may agrees to make Swingline Loans to during the Borrower in Dollars Availability Period in accordance with Section 2.4; 2.5, (div) each Revolving Credit Lender with a Working Capital Revolving 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, (i) 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, (ii) in no event shall the aggregate principal amount of all outstanding Working Capital Revolving Loans, Swingline Loans and outstanding LC Exposure exceed the Aggregate Working Capital Revolving Commitments time in effect from time to time, and (iii) in no event shall the aggregate principal amount of all outstanding Acquisition Revolving Loans exceed the Aggregate Acquisition Revolving Commitments in effect from time to time; and (ev) each Term Loan Lender severally agrees to advance its portion of the make a Term Loan A to the Borrower in Dollars on the Effective Date in accordance with Section 2.5 in a principal amount not exceeding equal to such Lender’s Term Loan A CommitmentCommitment on the Effective Date (it being understood and agreed that the aggregate Term Loan Commitment will be automatically reduced on a dollar for dollar basis to the extent of any and all reductions in the “Purchase Price” (as defined in the Acquisition Agreement without regard to any working capital adjustment set forth in the definition of “Closing Date Payment” set forth in the Acquisition Agreement or described in Section 2.06 of the Acquisition Agreement), with such reduction in the aggregate Term Loan Commitment to be applied to each Term Loan Lender’s Term Loan Commitment on a pro rata basis).

Appears in 1 contract

Samples: Revolving Credit and Term Loan Agreement (Scripps E W Co /De)

General Description of Facilities. Subject to and upon the terms and conditions herein set forth: , (ai) the Lenders hereby establish, establish in favor of the Borrower, two (2) Borrower a revolving credit facilities (as provided below), facility pursuant to which each Lender severally agrees (to the extent of such Lender’s applicable Revolving Commitment) to make applicable Revolving Loans to the Borrower in Dollars accordance with Section 2.2, (ii) the Issuing Bank agrees to issue Letters of Credit in accordance with Section 2.2; 2.21, (b) the Issuing Bank may issue Letters of Credit denominated in Dollars in accordance with Section 2.22; (ciii) the Swingline Lender may agrees to make Swingline Loans to the Borrower in Dollars in accordance with Section 2.4; , and (div) each Lender with a Working Capital Revolving 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, (i) 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 timetime in effect. Funding of any Revolving Loans shall be in any combination of Dollars and Euros, (ii) as specified by the Borrower as set forth in Section 2.3; provided, that the Dollar Equivalent amount of the principal amount of outstanding Revolving Loans and Letters of Credit funded and issued in Euros determined, with respect to each such Revolving Loans and Letters of Credit in accordance with Section 10.17 shall at no time exceed the Foreign Currency Sublimit then in effect and provided further, that in no event shall the aggregate principal amount Revolving Credit Exposure of all outstanding Working Capital Revolving Loans, Swingline Loans and outstanding LC Exposure any Lender exceed the Aggregate Working Capital Revolving Commitments in effect from time to time, and (iii) in no event shall the aggregate principal amount of all outstanding Acquisition Revolving Loans exceed the Aggregate Acquisition Revolving Commitments in effect from time to time; and (e) each Lender severally agrees to advance its portion of the Term Loan A to the Borrower in Dollars on the Effective Date in accordance with Section 2.5 in a principal amount not exceeding such Lender’s Term Loan A Revolving Commitment.

Appears in 1 contract

Samples: Pledge Agreement (Heico Corp)

General Description of Facilities. Subject to and upon the terms and conditions herein set forth: , (ai) the Lenders hereby establish, establish in favor of the Borrower, two (2) Borrower a revolving credit facilities (as provided below), facility pursuant to which each Lender severally agrees (to the extent of such Lender’s applicable Revolving Commitment) to make applicable Revolving Loans to the Borrower in Dollars in accordance with Section 2.2; , (bii) the Issuing Bank may agrees to issue Letters of Credit denominated in Dollars in accordance with Section 2.22; , (ciii) the Swingline Lender may agrees to make Swingline Loans to the Borrower in Dollars in accordance with Section 2.4; , (div) each Multicurrency Lender with a Working Capital Revolving 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, (i) 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, ; (ii) in no event shall the aggregate principal amount of all outstanding Working Capital Revolving Loans, Swingline Loans and outstanding LC Exposure exceed the Aggregate Working Capital Revolving Commitments in effect from time to time, and (iii) in no event shall the aggregate principal amount of all outstanding Acquisition Revolving Loans exceed the Aggregate Acquisition Revolving Commitments in effect from time to time; and (ev) each Lender severally agrees to advance make its portion of the Term Loan A to the Borrower in Dollars on the Effective Closing Date in accordance with Section 2.5 in a principal amount not exceeding such Lender’s Term Loan A Commitment; and (vi) each Lender severally agrees to make its portion of the Add-On Term Loan to the Borrower on the First Amendment Effective Date in a principal amount not exceeding such Lender’s Add-On 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: , (ai) the Non-Extended Revolving Lenders hereby establish, establish in favor of the Borrower, two (2) Borrower a revolving credit facilities (as provided below), facility pursuant to which each Lender the Non-Extended Revolving Lenders severally agrees agree (to the extent of such Lender’s applicable their respective Pro Rata Shares based on their Non-Extended Revolving CommitmentCommitments and the Aggregate Non-Extended Revolving Commitment Amount) to make applicable Non-Extended Revolving Loans to the Borrower in Dollars in accordance with Section 2.2; 2.2(a), (bii) the Issuing Bank may issue Letters Extended Revolving Lenders hereby establish in favor of Credit denominated in Dollars in accordance with Section 2.22; the Borrower a revolving credit facility pursuant to which the Extended Revolving Lenders severally agree (cto the extent of their respective Pro Rata Shares based on their Extended Revolving Commitments and the Aggregate Extended Revolving Commitment Amount) the Swingline Lender may to make Swingline Extended Revolving Loans to the Borrower in Dollars accordance with Section 2.2(b), (iii) each Issuing Bank agrees to issue Letters of Credit in accordance with Section 2.24, (iv) the Swingline Lender agrees to make Swingline Loans in accordance with Section 2.4; , and (dv) each Extended Revolving Lender with a Working Capital Revolving 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, (i) that in no event shall (A) the aggregate principal amount of all outstanding Non-Extended Revolving Loans exceed at any time the Aggregate Non-Extended Revolving Commitment Amount in effect at such time and (B) the aggregate principal amount of the Dollar Equivalent of all outstanding Extended Revolving Loans, Swingline Loans and outstanding LC Exposure exceed at any time the Aggregate Extended Revolving Commitments Commitment Amount in effect from time to at such time. Each Letter of Credit shall be issued in an Acceptable Currency, (ii) as specified by the Borrower as set forth in no event shall Section 2.24; provided, that the aggregate Dollar Equivalent amount of the principal amount amounts of all outstanding Working Capital Revolving Loans, Swingline Loans and outstanding LC Exposure Letters of Credit issued in Acceptable Currencies other than Dollars shall at no time exceed the Aggregate Working Capital Revolving Commitments Foreign Currency Sublimit then in effect from time to time, and (iii) in no event shall the aggregate principal amount of all outstanding Acquisition Revolving Loans exceed the Aggregate Acquisition Revolving Commitments in effect from time to time; and (e) each Lender severally agrees to advance its portion of the effect. Each Term Loan A to outstanding under the Borrower in Dollars Existing Credit Agreement on the Effective Fourth Restatement Date in accordance with Section 2.5 in a principal amount not exceeding such Lender’s Term Loan A Commitmentshall continue to remain outstanding hereunder.

Appears in 1 contract

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

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