Lending Limit. Subject to the conditions set forth herein, the ------------- Lenders severally agree that they shall, from time to time up to and including the Business Day immediately preceding the Maturity Date, advance and readvance their respective Percentage Shares of loans (the "Tranche C Loans" or a "Tranche C Loan") to the Companies in amounts not to exceed, in the aggregate at any one time outstanding (determined after giving effect to the other transactions contemplated by the Loan Request pursuant to which said Tranche C Loan was requested), the lesser of:
Lending Limit. Subject to the conditions set forth herein, the Lender agrees that it shall from time to time up to and including the Business Day immediately preceding the Maturity Date, advance loans (the "Loans" or a "Loan") to the Company in amounts not to exceed, in the aggregate at any one time outstanding (determined after giving effect to the other transactions contemplated by the Loan Request pursuant to which said Loan was requested), the lesser of:
Lending Limit. Any Request for a Loan hereunder shall be limited in amount, such that the sum of (i) the principal amount of such Request; (ii) the Outstanding Principal Amount under this Note; and (iii) the aggregate face amounts of (or, if greater, Borrower’s aggregate reimbursement obligations to the Bank (or any of its affiliates) in connection with) any letters of credit issued by the Bank (or any of its affiliates) at the request (or for the benefit) of Borrower, pursuant to this Credit; does not exceed the Maximum Principal Amount under this Note.
Lending Limit. (A) For each Scheme Period:
(1) the Lending Total must not exceed the Lending Limit; and
(2) on any day during that Scheme Period, the aggregate Refinancing Amounts of all Scheme Facilities made available by the Lender to all Borrowers under the Scheme (calculated using the same principles as used in calculating the Lending Total, as set out in Clause 6.2) must not exceed 20% (or such other percentage as the Guarantor may from time to time notify for such purpose to the Lender) of the Lending Total (the “Refinancing Limit”), and any lending in excess of such Lending Limit or such Refinancing Limit will not be covered by the guarantee provided to the Lender pursuant to Clause 2 (Guarantee). If the Guarantor notifies the Lender that the Refinancing Limit is to change as contemplated in Clause 6.1(A)(2) above: (i) any such change shall not have retroactive effect and (ii) shall only have effect from the first day of the next succeeding Scheme Period following such notice.
(B) For the purposes of determining whether the Lending Limit is exceeded under Clause 6.1(A) or for the purposes of Clause 6.3 below, if the actual or projected lending by the Lender does not exceed 105% of the amount of the Lending Limit, then for the purposes of such clauses, the Lender will, in respect of the relevant Scheme Period, be deemed to have met, or can consider itself to be projected to meet, its Lending Limit.
Lending Limit. Any notification to be given by the Lender under Clause 6.3 must be given by either one Group Lender as agent for and on behalf of all the Group Lenders (in which case all the Group Lenders will be bound) or by all the Group Lenders.
Lending Limit. Subject to the conditions set forth herein, the ------------- Lenders severally agree that they shall, from time to time up to and including the Business Day immediately
Lending Limit. Subject to the conditions set forth ------------- herein, the Lenders severally agree that they shall (and the Companies hereby irrevocably authorize and direct them) from time to time up to and including the Business Day immediately preceding the Maturity Date, advance and readvance their respective Percentage Shares of loans (the "Tranche G Loans" or a "Tranche G Loan") directly to the Administrative Agent for the benefit of the L/C Bank for the account of the Companies and at the request of the L/C Bank, for the purpose of reimbursing the L/C Bank for unrepaid L/C Drawings, in amounts not to exceed, in the aggregate at any one time outstanding, the lesser of:
(1) The L/C Credit Limit minus the sum of (i) the aggregate amount of all unrepaid L/C Drawings and (ii) the maximum aggregate amount available to be drawn on all outstanding Letters of Credit; and
(2) The Aggregate Collateral Value of the Borrowing Base minus the sum of (i) the aggregate dollar amount of all Loans outstanding, and (ii) the aggregate amount of all unrepaid L/C Drawings, and (iii) the maximum aggregate amount available to be drawn under all outstanding Letters of Credit. Provided, however, that (i) for purposes of the calculations under this -------- ------- Paragraph 6C(a), the Lenders shall, so long as there shall not exist an Event of Default or Potential Default, deem unrepaid L/C Drawings outstanding on any date not to include L/C Drawings being paid with a Tranche G Loan on such date; and (ii) notwithstanding anything contained herein to the contrary, at no time may the sum of all Tranche A Loans outstanding, all Tranche B Loans outstanding, all Tranche C Loans outstanding, all Tranche D Loans outstanding, all Tranche E Loans outstanding, all Tranche F Loans outstanding, all Tranche G Loans outstanding, the aggregate amount of all L/C Drawings which have not been reimbursed by the Companies, the maximum aggregate amount available to be drawn under all outstanding Letters of Credit, and all Swing Line Loans outstanding exceed the lesser of (i) the Aggregate Collateral Value of the Borrowing Base or (ii) the Aggregate Facility Commitment at such time.
Lending Limit. As of December 31, 2000, Purchaser's legal lending limit is at least $9,700,000, and, on the Closing Date, shall not be less than $13,500,000.
Lending Limit. Cumberland shall not enter into, modify, or amend any new or existing loan arrangement or relationship with any person under which Cumberland or its affiliates are or may be required to extend or fund new or additional credit in the amount of $75,000 or more.
Lending Limit. Debtor acknowledges, agrees and confirms that the obligations of Lender after giving effect to all participations in connection with the Loan shall be limited to a maximum aggregate principal amount of $20,000,000. Debtor further acknowledges, agrees and confirms that the obligation of Lender to make the full amount of the Receivable Loan shall be subject to Lender participating $7,500,000 of the Receivable Loan.
2. The parties hereto mutually agree that the 4/th/ paragraph of Section 2.2(b) of the Existing GLSA is hereby deleted in its entirety and in lieu thereof, the following provision is inserted: The Debtor and the Lender intend to comply at all times with applicable usury laws. All agreements between the Debtor and the Lender, whether now existing or hereafter arising and whether written or oral, are hereby limited so that in no contingency, whether by reason of demand or acceleration of the maturity of any Note or otherwise, shall the interest contracted for, charged, received, paid or agreed to be paid to the Lender exceed the maximum amount permissible under applicable law, or in the absence of a maximum allowable rate under applicable law, then, 45% per annum (the "Maximum Rate"). The Lender may, in determining the Maximum Rate in effect from time to time, take advantage of any law, rule or regulation in effect from time to time available to the Lender which exempts the Lender from any limit upon the rate of interest it may charge or grants to the Lender the right to charge a higher rate of interest than that otherwise permitted by applicable law. If, from any circumstance whatsoever, interest would otherwise be payable to the Lender in excess of the Maximum Rate, the interest payable to the Lender shall be reduced to the Maximum Rate; and if from any circumstance the Lender shall ever receive anything of value deemed interest by applicable law in excess of the Maximum Rate, an amount equal to any excessive interest shall be applied to the reduction of the principal of the Inventory Loan and the Receivable Loan and not to the payment of interest, or if such excessive interest exceeds the unpaid balance of principal of the Loan, such excess shall be refunded to the Debtor. All interest paid or agreed to be paid to the Lender shall, to the extent permitted by applicable law, be amortized, prorated, allocated and spread throughout the full period until payment in full of the principal so that the interest on the Inventory Loan and the Receivable Lo...
