Loan Facility. Upon a request by the Borrower pursuant to Section 2.02, and on the terms and subject to the conditions hereinafter set forth, each Lender, severally and not jointly, agrees to make Loans to the Borrower on a revolving basis, ratably in accordance with its Commitment, from time to time during the period from the Closing Date to the Termination Date. Under no circumstances shall any Lender be obligated to make any such Loan if, after giving effect to such Loan: (i) the Aggregate Capital plus the LC Participation Amount would exceed the Facility Limit at such time; (ii) the sum of (A) the Capital of such Lender, plus (B) such Lender’s Pro Rata LC Share of the LC Participation Amount, would exceed the Commitment of such Lender at such time; or (iii) the Aggregate Capital plus the Adjusted LC Participation Amount would exceed the Borrowing Base at such time.
Appears in 3 contracts
Samples: Receivables Financing Agreement (CONSOL Energy Inc.), Receivables Financing Agreement, Sub Originator Sale Agreement, Purchase and Sale Agreement (CONSOL Energy Inc.), Receivables Financing Agreement (CONSOL Energy Inc.)
Loan Facility. Upon a request by the Borrower pursuant to Section 2.02, and on the terms and subject to the conditions hereinafter set forth, each Lenderthe Lenders shall, ratably in accordance with their respective Commitments, severally and not jointly, agrees to make Loans to the Borrower on a revolving basis, ratably in accordance with its Commitment, from time to time during the period from the Closing Date to the Termination Date. Under no circumstances shall any Lender be obligated to make any such Loan if, after giving effect to such Loan:
(i) the Aggregate Capital plus the Aggregate LC Participation Amount would exceed the Facility Limit at such time;
(ii) the sum of (A) the aggregate outstanding Capital of such Lender, Lender plus (B) such Lenderthe related LC Participant’s Pro Rata LC Share of the Aggregate LC Participation Amount, would exceed the Commitment of such Lender at such timeLender; or
(iii) the Aggregate Capital plus the Aggregate Adjusted LC Participation Amount would exceed the Borrowing Base at such time.
Appears in 2 contracts
Samples: Receivables Financing Agreement (Ingersoll Rand Inc.), Receivables Financing Agreement (Gardner Denver Holdings, Inc.)
Loan Facility. Upon a request by the Borrower pursuant to Section 2.02, and on the terms and subject to the conditions hereinafter set forth, each LenderLender shall, ratably, in accordance with its respective Commitments, severally and not jointly, agrees to make Loans a Loan to the Borrower on a revolving basis, ratably in accordance with its Commitment, basis from time to time during the period from the Closing Date to the Termination Date. Under no circumstances shall any Lender be obligated to make any such Loan if, after giving effect to such Loan:
(i) the Aggregate Capital plus the LC Participation Amount would exceed the Facility Limit at such time;
(ii) the sum of (A) the aggregate outstanding Capital of such Lender, plus (B) the aggregate outstanding Capital of each other Lender in its Group would exceed the Group Commitment of such Lender’s Pro Rata LC Share of the LC Participation Amount, would exceed the Commitment of such Lender at such time; orGroup;
(iii) the aggregate outstanding Capital of such Lender would exceed its Commitment; or
(iv) the Aggregate Capital plus the Adjusted LC Participation Amount would exceed the Borrowing Base at such time.
Appears in 1 contract
Samples: Receivables Financing Agreement (Exact Sciences Corp)