Common use of Loans and Borrowings Clause in Contracts

Loans and Borrowings. (a) Each Loan shall be made as part of a Borrowing consisting of Loans of the same Type made by the Lenders ratably in accordance with their respective Commitments, as the applicable Borrower may request (subject to Section 2.12) in accordance herewith. The failure of any Lender to make any Loan required to be made by it shall not relieve any other Lender of its obligations hereunder; provided that the Commitments of the Lenders are several and no Lender shall be responsible for any other Lender’s failure to make Loans as required. (b) Subject to Section 2.12, each Borrowing shall be comprised entirely of ABR Loans or Eurodollar Loans as the Company, on its own behalf or on behalf of the applicable Pipeline Company Borrower, may request in accordance herewith. Each Lender at its option may make or hold any Eurodollar Loan by causing any domestic or foreign branch or Affiliate of such Lender to make or hold such Loan; provided that any exercise of such option shall not affect the obligation of a Borrower to repay such Loan in accordance with the terms of this Agreement. (c) At the commencement of each Interest Period for any Eurodollar Borrowing, such Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000 and not less than $20,000,000. At the time that each ABR Borrowing is made, such Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000 and not less than $5,000,000; provided that an ABR Borrowing may be in an aggregate amount that is equal to the entire unused balance of the total Commitments or that is required to finance the reimbursement of an LC Disbursement as contemplated by Section 2.04(e). Borrowings of more than one Type may be outstanding at the same time; provided that there shall not at any time be more than a total of sixteen Eurodollar Borrowings outstanding. Within the limits of each Lender’s Commitment, any Borrower may make more than one Borrowing on any Business Day. (d) Notwithstanding any other provision of this Agreement, a Borrower shall not be entitled to request, or to elect to convert a Borrowing to or continue a Borrowing as, a Eurodollar Borrowing if the Interest Period requested with respect thereto would end after the Maturity Date.

Appears in 8 contracts

Samples: Credit Agreement (Tennessee Gas Pipeline Co), Credit Agreement (El Paso Corp/De), Credit Agreement (Tennessee Gas Pipeline Co)

AutoNDA by SimpleDocs

Loans and Borrowings. (a) Each Loan shall be made as part of a Borrowing consisting of Loans of the same Class and Type made by the Lenders ratably in accordance with their respective CommitmentsCommitments of the applicable Class, as the applicable Borrower may request (subject to Section 2.12) in accordance herewith. The failure of any Lender to make any Loan required to be made by it shall not relieve any other Lender of its obligations hereunder; provided that the Commitments of the Lenders are several and no Lender shall be responsible for any other Lender’s failure to make Loans as required. (b) Subject to Section 2.12, each Borrowing shall be comprised entirely of ABR Loans or Eurodollar Loans as the Company, on its own behalf or on behalf of the applicable Pipeline Company Borrower, may request in accordance herewith. Each Lender at its option may make or hold any Eurodollar Loan by causing any domestic or foreign branch or Affiliate of such Lender to make or hold such Loan; provided that any exercise of such option shall not affect the obligation of a Borrower to repay such Loan in accordance with the terms of this Agreement. (c) At the commencement of each Interest Period for any Eurodollar Borrowing, such Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000 and not less than $20,000,000. At the time that each ABR Borrowing is made, such Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000 and not less than $5,000,000; provided that an ABR Revolving Borrowing or an ABR Deposit Borrowing may be in an aggregate amount that is equal to the entire unused balance of the total Commitments of the related Class or that is required to finance the reimbursement of an LC Disbursement as contemplated by Section 2.04(e). Borrowings of more than one Class and Type may be outstanding at the same time; provided that there shall not at any time be more than a total of sixteen Eurodollar Borrowings outstanding. Within the limits of each Lender’s Commitment, any Borrower may make more than one Borrowing on any Business Day. (d) Notwithstanding any other provision of this Agreement, a Borrower shall not be entitled to request, or to elect to convert a Borrowing to or continue a Borrowing as, a Eurodollar Borrowing if the Interest Period requested with respect thereto would end after the Applicable Maturity Date.

Appears in 7 contracts

Samples: Credit Agreement (El Paso Natural Gas Co), Credit Agreement (El Paso Corp/De), Credit Agreement (Colorado Interstate Gas Co)

Loans and Borrowings. (a) Each Revolving Loan shall be made as part of a Borrowing consisting of Revolving Loans of the same Type made by the Lenders (or their Affiliates as provided in paragraph (b) below) ratably in accordance with their respective Commitments, as the applicable Borrower may request (subject to Section 2.12) . Each Competitive Loan shall be made in accordance herewithwith the procedures set forth in Section 2.04. The failure of any Lender to make any Loan required to be made by it shall not relieve any other Lender of its obligations hereunder; provided that the Commitments and Competitive Bids of the Lenders are several and no Lender shall be responsible for any other Lender’s failure to make Loans as required. (b) Subject to Section 2.122.14, (i) each Revolving Borrowing shall be comprised entirely of Eurocurrency Loans or, in the case of Revolving Borrowings denominated in US Dollars, ABR Loans, as the applicable Borrower may request in accordance herewith; and (ii) each Competitive Borrowing shall be comprised entirely of Eurocurrency Loans or Eurodollar Loans Fixed Rate Loans, as the Company, on its own behalf or on behalf of the applicable Pipeline Company Borrower, Borrower may request in accordance herewith. Each Lender at its option may make or hold any Eurodollar Eurocurrency Loan by causing any domestic or foreign branch or Affiliate of such Lender to make or hold such Loan; provided that any exercise of such option shall not affect the obligation of a any Borrower to repay such Loan in accordance with the terms of this Agreement. (c) At the commencement of each Interest Period for any Eurodollar BorrowingRevolving Borrowing (other than a Swingline Loan), such Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000 the Borrowing Multiple and not less than $20,000,000. At the time that each ABR Borrowing is made, such Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000 and not less than $5,000,000Minimum; provided that an ABR Revolving Borrowing may be in an aggregate amount that is equal to the entire unused balance of the total Commitments or Commitments. Each Competitive Borrowing shall be in an aggregate amount that is required an integral multiple of the Borrowing Multiple and not less than the Borrowing Minimum. Each Swingline Loan denominated in US Dollars shall be in an amount that is an integral multiple of US$500,000, and each Swingline Loan denominated in Sterling or Euro shall be in an amount that is an integral multiple of 100,000 units of such currency; provided that any Swingline Loan made to finance refinance any reimbursement payment owed in respect of a Letter of Credit may be in an amount (which shall not be less that US$100,000 or 100,000 units of any Designated Foreign Currency) equal to the amount of such reimbursement of an LC Disbursement as contemplated by Section 2.04(e)payment. Borrowings of more than one Type and Class may be outstanding at the same time; provided that there shall not at any time be outstanding more than a total of sixteen Eurodollar (i) 15 Eurocurrency Revolving Borrowings outstanding. Within the limits of each Lender’s Commitment, any Borrower may make more than one Borrowing on any Business Daydenominated in US Dollars and (ii) 15 Eurocurrency Revolving Borrowings denominated in Designated Foreign Currencies. (d) Notwithstanding any other provision of this Agreement, a no Borrower shall not be entitled to request, or to elect to convert a or continue, any Revolving Borrowing if the Interest Period requested with respect thereto would end after the Maturity Date, or to or continue a Borrowing as, a Eurodollar request any Competitive Borrowing if the Interest Period requested with respect thereto would end after the Maturity Date.

Appears in 5 contracts

Samples: Credit Agreement (American Standard Companies Inc), Credit Agreement (WABCO Holdings Inc.), Credit Agreement (WABCO Holdings Inc.)

Loans and Borrowings. (a) Each Loan shall be made as part of a Borrowing consisting of Loans of the same Class and Type made by the Lenders ratably in accordance with their respective Commitments, as Commitments of the applicable Borrower may request (subject to Section 2.12) Class; provided, however, that Revolving Facility Loans of any Class shall be made by the Revolving Facility Lenders of such Class ratably in accordance herewithwith their respective Applicable Percentages on the date such Loans are made hereunder. The failure of any Lender to make any Loan required to be made by it shall not relieve any other Lender of its obligations hereunder; provided that the Commitments of the Lenders are several and no Lender shall be responsible for any other Lender’s failure to make Loans as required. (b) Subject to Section 2.122.14, each Borrowing shall be comprised entirely of ABR Loans or Eurodollar Eurocurrency Loans as the Company, on its own behalf or on behalf of the applicable Pipeline Company Borrower, Borrower may request in accordance herewith. Each Lender at its option may make any ABR Loan or hold any Eurodollar Eurocurrency Loan by causing any domestic or foreign branch or Affiliate of such Lender to make or hold such Loan; provided that any exercise of such option shall not affect the obligation of a the Borrower to repay such Loan in accordance with the terms of this AgreementAgreement and such Lender shall not be entitled to any amounts payable under Section 2.15 or 2.17 solely in respect of increased costs or taxes resulting from such exercise and existing at the time of such exercise. (c) At the commencement of each Interest Period for any Eurodollar Eurocurrency Revolving Borrowing, such Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000 the Borrowing Multiple and not less than $20,000,000the Borrowing Minimum. At the time that (i) each ABR Revolving Borrowing is made, such Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000 the Borrowing Multiple and not less than $5,000,000the Borrowing Minimum; provided that an ABR Revolving Borrowing may be in an aggregate amount that is equal to the entire unused balance of the total Revolving Facility Commitments or that is required to finance the reimbursement of an LC L/C Disbursement as contemplated by Section 2.04(e2.05(e). Borrowings of more than one Type and Class may be outstanding at the same time; provided that there shall not at any time be more than a total of sixteen Eurodollar (i) 10 Eurocurrency Borrowings outstanding. Within outstanding under each of the limits Term B Loans or any Other Term Loans at any time and (ii) 10 Eurocurrency Borrowings outstanding under each of each Lender’s Commitment, the Revolving Facility or any Borrower may make more than one Borrowing on Other Revolving Facility Loans at any Business Daytime. (d) Notwithstanding any other provision of this Agreement, a the Borrower shall not be entitled to request, or to elect to convert a or continue, any Borrowing to or continue a Borrowing as, a Eurodollar Borrowing of any Class if the Interest Period requested with respect thereto would end after the Revolving Facility Maturity DateDate or the Term Facility Maturity Date for such Class, as applicable.

Appears in 5 contracts

Samples: First Lien Credit Agreement and Security Agreement (Exela Technologies, Inc.), First Lien Credit Agreement, First Lien Credit Agreement (Exela Technologies, Inc.)

Loans and Borrowings. (a) Each Loan (other than a Swingline Loan) shall be made as part of a Borrowing consisting of Loans of the same Class and Type made by the Lenders ratably in accordance with their respective Commitments, as Commitments of the applicable Borrower may request (subject to Section 2.12) in accordance herewithClass. The failure of any Lender to make any Loan required to be made by it shall not relieve any other Lender of its obligations hereunder; provided that the Commitments of the Lenders are several and no Lender shall be responsible for any other Lender’s failure to make Loans as required. Any Swingline Loan shall be made in accordance with the procedures set forth in Section 2.04. (b) Subject to Section 2.12, each Borrowing shall be comprised entirely of ABR Base Rate Loans or Eurodollar Loans as the Company, on its own behalf or on behalf of the applicable Pipeline Company Borrower, Borrower may request in accordance herewith. Each Swingline Loan shall be a Base Rate Loan. Each Lender at its option may make or hold any Eurodollar Loan by causing any domestic or foreign branch or Affiliate of such Lender to make or hold such Loan; provided that any exercise of such option shall not affect the obligation of a the applicable Borrower to repay such Loan in accordance with the terms of this Agreement. (c) At the commencement Each Borrowing of, conversion to or continuation of each Interest Period for any Eurodollar Borrowing, such Borrowing Loans shall be in an aggregate amount that is an integral multiple of $1,000,000 500,000 (or, if not an integral multiple, the entire available amount) and not less than $20,000,0001,000,000. At the time that each ABR Each Borrowing is madeof, such Borrowing conversion to or continuation of Base Rate Loans (other than Swingline Loans which shall be subject to Section 2.04) shall be in an aggregate amount that is an integral multiple of $1,000,000 500,000 and not less than $5,000,0001,000,000; provided that an ABR Borrowing Eurodollar Revolving Loans and Base Rate Revolving Loans may be in an aggregate amount that is equal to the entire unused balance of the total Revolving Commitments or that is required to finance the reimbursement of a Swingline Loan pursuant to Section 2.04(c) or an LC L/C Disbursement as contemplated by Section 2.04(e2.05(c). Borrowings of more than one Type and Class may be outstanding at the same time; provided that there shall not at any time be more than a total of sixteen twelve (12) Eurodollar Borrowings outstanding. Within the limits of each Lender’s Commitment, any Borrower may make more than one Borrowing on any Business Day. (d) Notwithstanding any other provision of this Agreement, a Borrower the Borrowers shall not be entitled to request, or to elect to convert a Borrowing to or continue a Borrowing ascontinue, a Eurodollar any Borrowing if the Interest Period requested (i) with respect thereto to a Revolving Borrowing would end after the Revolving Credit Maturity Date or (ii) with respect to a Term Loan Borrowing would end after the Term Loan Maturity Date.

Appears in 4 contracts

Samples: Credit Agreement (Genpact LTD), Credit Agreement (Genpact LTD), Amendment No. 1 (Genpact LTD)

Loans and Borrowings. (a) Each Loan shall be made as part of a Borrowing consisting of Loans of the same Class and Type made by the Lenders ratably in accordance with their respective Commitments, as Commitments of the applicable Borrower may request (subject to Section 2.12) in accordance herewithClass. The failure of any Lender to make any Loan required to be made by it shall not relieve any other Lender of its obligations hereunder; provided that the Commitments of the Lenders are several and no Lender shall be responsible for any other Lender’s failure to make Loans as required. (b) Subject to Section 2.122.13, each Revolving Borrowing and Term Borrowing shall be comprised entirely of ABR Loans or Eurodollar Loans as the Company, on its own behalf or on behalf of the applicable Pipeline Company Borrower, Borrower may request in accordance herewith; provided that all Borrowings made on the Effective Date must be made as ABR Borrowings unless the Borrower shall have given the notice required for a Eurodollar Borrowing under Section 2.03 and provided an indemnity letter, in form and substance reasonably satisfactory to the Administrative Agent, extending the benefits of Section 2.15 to Lenders in respect of such Borrowings. Each Lender at its option may make or hold any Eurodollar Loan by causing any domestic or foreign branch or Affiliate of such Lender to make or hold such Loan; provided that any exercise of such option shall not affect the obligation of a the Borrower to repay such Loan in accordance with the terms of this Agreement. (c) At the commencement of each Interest Period for any Eurodollar Borrowing, such Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000 500,000 and not less than $20,000,0001,000,000; provided that a Eurodollar Borrowing that results from a continuation of an outstanding Eurodollar Borrowing may be in an aggregate amount that is equal to such outstanding Borrowing; provided further that such amount may be less than $1,000,000 if such amount represents all the remaining availability under the aggregate principal amount of Revolving Loans. At the time that each ABR Revolving Borrowing is made, such Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000 100,000 and not less than $5,000,000500,000; provided that an ABR Borrowing such amount may be in an less than $500,000 if such amount represents all the remaining availability under the aggregate principal amount that is equal to the entire unused balance of the total Commitments or that is required to finance the reimbursement of an LC Disbursement as contemplated by Section 2.04(e)Revolving Loans. Borrowings of more than one Type and Class may be outstanding at the same time; provided that there shall not at any time be more than a total of sixteen ten Eurodollar Borrowings outstanding. Within Notwithstanding anything to the limits contrary herein, an ABR Revolving Borrowing may be in an aggregate amount that is equal to the entire unused balance of each Lender’s Commitment, any Borrower may make more than one Borrowing on any Business Daythe Aggregate Revolving Commitment or that is required to finance the reimbursement of an LC Disbursement as contemplated by Section 2.04(e). (d) Notwithstanding any other provision of this Agreement, a the Borrower shall not be entitled to request, or to elect to convert a Borrowing to or continue a Borrowing ascontinue, a Eurodollar any Borrowing if the Interest Period requested with respect thereto would end after the Maturity DateDate applicable thereto. Except as otherwise provided herein, a Eurodollar Loan may be continued or converted only on the last day of an Interest Period for such Eurodollar Loan. (e) At any time that ABR Loans are outstanding, the Administrative Agent shall notify the Borrower and the Lenders of any change in the Prime Rate used in determining ABR promptly following the public announcement of such change.

Appears in 4 contracts

Samples: Credit Agreement (YETI Holdings, Inc.), Credit Agreement (YETI Holdings, Inc.), Credit Agreement (YETI Holdings, Inc.)

Loans and Borrowings. (a) Each Loan shall be made as part of a Borrowing consisting of Loans of the same Type made by the Lenders ratably in accordance with their respective CommitmentsCommitments (or, as in the applicable Borrower may request (subject to Section 2.12) case of Swingline Loans, in accordance herewithwith their respective Swingline Commitments). The failure of any Lender to make any Loan required to be made by it shall not relieve any other Lender of its obligations hereunder; provided that the Commitments of the Lenders are several and no Lender shall be responsible for any other Lender’s failure to make Loans as required. (b) Subject to Section 2.122.14 and 2.27, each Borrowing (other than a Swingline Borrowing) shall be comprised entirely of ABR Loans or Eurodollar EurocurrencySOFR Revolving Loans as the Company, on its own behalf or on behalf of the applicable Pipeline Company Borrower, Borrower may request in accordance herewith. Each Swingline Borrowing shall be an ABR Borrowing. Each Lender at its option may make any ABR Loan or hold any Eurodollar EurocurrencySOFR Revolving Loan by causing any domestic or foreign branch or Affiliate of such Lender to make or hold such Loan; provided that any exercise of such option shall not affect the obligation of a the Borrower Parties to repay such Loan in accordance with the terms of this AgreementAgreement and such Lender shall not be entitled to any amounts payable under Section 2.15 or 2.17 solely in respect of increased costs resulting from such exercise and existing at the time of such exercise. (c) At the commencement of each Interest Period for any Eurodollar EurocurrencySOFR Borrowing, such Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000 the Borrowing Multiple and not less than $20,000,000the Borrowing Minimum. At the time that each ABR Revolving Facility Borrowing is made, such Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000 the Borrowing Multiple and not less than $5,000,000the Borrowing Minimum; provided that an ABR Revolving Facility Borrowing may be in an aggregate amount that is equal to the entire unused available balance of the total Commitments or that is required to finance the reimbursement of an LC L/C Disbursement as contemplated by Section 2.04(e2.05(e). Each Swingline Borrowing shall be in an amount that is an integral multiple of the Borrowing Multiple and not less than the Borrowing Minimum. Borrowings of more than one Type may be outstanding at the same time; provided that there shall not at any time be more than a total of sixteen Eurodollar six EurocurrencySOFR Borrowings outstanding. Within the limits of each Lender’s Commitment, any Borrower may make more than one Borrowing on any Business Day. (d) Notwithstanding any other provision of this Agreement, a neither the Borrower nor any Co-Borrower shall not be entitled to request, or to elect to convert a Borrowing to or continue a Borrowing ascontinue, a Eurodollar any Borrowing if the Interest Period requested with respect thereto would end after the Maturity Date.

Appears in 4 contracts

Samples: Revolving Credit Agreement (AZEK Co Inc.), Revolving Credit Agreement (AZEK Co Inc.), Revolving Credit Agreement (AZEK Co Inc.)

Loans and Borrowings. (a) Each Loan (other than a Swingline Loan) shall be made as part of a Borrowing consisting of Loans of the same Class and Type made by the Lenders ratably in accordance with their respective Commitments, as Commitments of the applicable Borrower may request (subject to Section 2.12) in accordance herewithClass. The failure of any Lender to make any Loan required to be made by it shall not relieve any other Lender of its obligations hereunder; provided that the Commitments of the Lenders are several and no Lender shall be responsible for any other Lender’s failure to make Loans as requiredrequired hereby. (b) Subject to Section 2.12, each Borrowing shall be comprised entirely of ABR Loans or Eurodollar Loans as the Company, on its own behalf or on behalf of the applicable Pipeline Company Borrower, Borrower may request in accordance herewith; provided that all Borrowings made on the Closing Date must be made as ABR Borrowings unless the Borrower shall have given the notice required for a Eurodollar Borrowing made on the Closing Date under Section 2.03 and provided an indemnity letter extending the benefits of Section 2.14 to Lenders in respect of such Borrowings; provided, further, that each Swingline Loan shall be an ABR Loan. Each Lender at its option may make or hold any Eurodollar Loan by causing any domestic or foreign branch or Affiliate of such Lender to make or hold such Loan; provided that any exercise of such option shall not affect the obligation of a the Borrower to repay such Loan in accordance with the terms of this Agreement. (c) At the commencement of each Interest Period for any Eurodollar Borrowing, such Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000 and not less than $20,000,0005,000,000; provided that a Eurodollar Borrowing that results from a continuation of an outstanding Eurodollar Borrowing may be in an aggregate amount that is equal to such outstanding Borrowing. At the time that each ABR Borrowing is made, such Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000 and not less than $5,000,000; provided that an ABR Borrowing may be in an aggregate amount that is equal to the entire unused balance of the total Commitments or that is required to finance the reimbursement of an LC Disbursement as contemplated by Section 2.04(e). Borrowings of more than one Type and Class may be outstanding at the same time; provided that there shall not at any time be more than a total of sixteen six Eurodollar Borrowings outstanding. Within Notwithstanding anything to the limits of each Lender’s Commitmentcontrary herein, any Borrower may make more than one an ABR Revolving Borrowing on any Business Day. (d) Notwithstanding any other provision of this Agreement, a Borrower shall not be entitled to request, or to elect to convert including a Borrowing of Swingline Loans) may be in an aggregate amount which is equal to the entire unused balance of the Total Revolving Commitments (and/or the Swingline Commitments, as applicable) or continue a Borrowing as, a Eurodollar Borrowing if that is required to finance the Interest Period requested with respect thereto would end after the Maturity Datereimbursement of an LC Disbursement as contemplated by Section 2.22.

Appears in 3 contracts

Samples: Credit Agreement (Virtu Financial, Inc.), Credit Agreement (Virtu Financial, Inc.), Credit Agreement (Virtu Financial, Inc.)

Loans and Borrowings. (a) Each Revolving Loan shall be made as part of a Borrowing consisting of Revolving Loans of the same Type made by the Lenders ratably in accordance with their respective Commitments, as the applicable Borrower may request (subject to Section 2.12) in accordance herewith. The failure of any Lender to make any Loan required to be made by it shall not relieve any other Lender of its obligations hereunder; provided that the Commitments of the Lenders are several and no Lender shall be responsible for any other Lender’s failure to make Loans as required. (b) Subject to Section 2.122.14, each Revolving Borrowing shall be comprised entirely of ABR Loans or Eurodollar Loans as the Company, on its own behalf or on behalf of the applicable Pipeline Company Borrower, Borrower may request in accordance herewith. Each Lender at its option may make or hold any Eurodollar Loan by causing any domestic or foreign branch or Affiliate of such Lender to make or hold such LoanLoan (and in the case of an Affiliate, the provisions of Sections 2.14, 2.15, 2.16 and 2.17 shall apply to such Affiliate to the same extent as to such Lender); provided that any exercise of such option shall not affect the obligation of a the Borrower to repay such Loan in accordance with the terms of this Agreement. (c) At the commencement of each Interest Period for any Eurodollar Revolving Borrowing, such Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000 100,000 and not less than $20,000,0002,500,000. At the time that each ABR Revolving Borrowing is made, such Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000 100,000 and not less than $5,000,000500,000; provided that an ABR Revolving Borrowing may be in an aggregate amount that is equal to the entire unused balance of the total Commitments Aggregate Commitment or that is required to finance the reimbursement of an LC Disbursement as contemplated by Section 2.04(e2.06(e). Borrowings of more than one Type and Class may be outstanding at the same time; provided that there shall not at any time be more than a total of sixteen eight (8) Eurodollar Revolving Borrowings outstanding. Within the limits of each Lender’s Commitment, any Borrower may make more than one Borrowing on any Business Day. (d) Notwithstanding any other provision of this Agreement, a the Borrower shall not be entitled to request, or to elect to convert a Borrowing to or continue a Borrowing ascontinue, a Eurodollar any Borrowing if the Interest Period requested with respect thereto would end after the Maturity Date.

Appears in 3 contracts

Samples: Credit Agreement (National General Holdings Corp.), Credit Agreement (National General Holdings Corp.), Credit Agreement (National General Holdings Corp.)

Loans and Borrowings. (a) Each Revolving Loan shall be made as part of a Borrowing consisting of Revolving Loans of the same Type made by the Lenders ratably in accordance with their respective Commitments, as the applicable Borrower may request (subject to Section 2.12) in accordance herewith. The failure of any Lender to make any Loan required to be made by it shall not relieve any other Lender of its obligations hereunder; provided that the Commitments of the Lenders are several and no Lender shall be responsible for any other Lender’s failure to make Loans as required. (b) Subject to Section 2.122.14, (i) each Revolving Borrowing shall be comprised entirely of ABR Loans or Eurodollar Loans as the Company, on its own behalf or on behalf of the applicable Pipeline Company Borrower, Borrower may request in accordance herewith. Each Swingline Loan (other than an Intraday Swingline Loan) and each Uncommitted Swingline Loan shall be an ABR Loan. Each Lender at its option may make or hold any Eurodollar Loan by causing any domestic or foreign branch or Affiliate of such Lender to make or hold such Loan; provided that any exercise of such option shall not affect the obligation of a the Borrower to repay such Loan in accordance with the terms of this Agreement. (c) At the commencement of each Interest Period for any Eurodollar Revolving Borrowing, such Borrowing shall be in an aggregate amount that is an integral equal to $5,000,000 or a whole multiple of $1,000,000 and not less than $20,000,000in excess thereof. At the time that each ABR Revolving Borrowing is made, such Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000 and not less than $5,000,0001,000,000; provided that an ABR Revolving Borrowing may be in an aggregate amount that is equal to the entire unused balance of the total Commitments Commitments. Each Swingline Loan and each Uncommitted Swingline Loan shall be in an amount equal to $500,000 or that is required to finance the reimbursement a whole multiple of an LC Disbursement as contemplated by Section 2.04(e)$100,000 in excess thereof. Borrowings Loans of more than one Type and Class may be outstanding at the same time; provided that there shall not at any time be more than a total of sixteen five Eurodollar Revolving Borrowings outstanding. Within the limits of each Lender’s Commitment, any Borrower may make more than one Borrowing on any Business Day. (d) Notwithstanding any other provision of this Agreement, a the Borrower shall not be entitled to request, or to elect to convert a Borrowing to or continue a Borrowing ascontinue, a Eurodollar any Borrowing if the Interest Period requested with respect thereto would end after the Maturity Date.

Appears in 3 contracts

Samples: Credit Agreement (Td Ameritrade Holding Corp), Credit Agreement (Td Ameritrade Holding Corp), Credit Agreement (Td Ameritrade Holding Corp)

Loans and Borrowings. (a) Each Loan (other than a Swingline Loan) shall be made as part of a Borrowing consisting of Loans of the same Class, Type made and currency by the Lenders ratably in accordance with their respective Commitments, as Commitments of the applicable Borrower may request (subject to Section 2.12) in accordance herewithClass. The failure of any Lender to make any Loan required to be made by it shall not relieve any other Lender of its obligations hereunder; , provided that the Commitments of the Lenders are several and no Lender shall be responsible for any other Lender’s failure to make Loans as required. (b) Subject to Section 2.122.14, (i) each Revolving Loan Borrowing denominated in Euros or other Alternative Currency shall be comprised entirely of Eurocurrency Loans, (ii) each Term Loan Borrowing denominated in Euros shall be comprised entirely of Eurocurrency Loans and (iii) each Revolving Loan Borrowing and Term Loan Borrowing denominated in Dollars shall be comprised entirely of ABR Loans or Eurodollar Eurocurrency Loans as the Company, on its own behalf or on behalf of the applicable Pipeline Company Borrower, Borrower may request in accordance herewith. Each Swingline Loan shall be an ABR Loan. Each Lender at its option may make or hold any Eurodollar Eurocurrency Loan by causing any domestic or foreign branch or Affiliate of such Lender to make or hold such Loan; , provided that any exercise of such option shall not affect the obligation of a the Borrower to repay such Loan in accordance with the terms of this Agreement. (c) At the commencement of each Interest Period for any Eurodollar Eurocurrency Borrowing, such Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000 500,000 (or, in the case of Borrowings denominated in (i) Euros, €500,000 or (ii) any other Alternative Currency, a like amount) and not less than $20,000,000500,000 (or, in the case of Borrowings denominated in (i) Euros, €500,000 or (ii) any other Alternative Currency, a like amount). At the time that each ABR Revolving Loan Borrowing is made, such Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000 100,000 and not less than $5,000,000; 100,000. Each Swingline Loan shall be in an amount that is an integral multiple of $100,000 and not less than $100,000. Borrowings of more than one Type and Class may be outstanding at the same time, provided that there shall not at any time be more than a total of 16 Eurocurrency Borrowings outstanding plus up to an ABR additional 3 Interest Periods in respect of each (i) Incremental Facility, (ii) Extended Term Loans and Extended Revolving Commitments, and (iii) Other Term Loans and Other Revolving Loans. Notwithstanding anything to the contrary herein, the Revolving Loans comprising any Borrowing may be in an aggregate amount that is equal to the entire unused balance of the total aggregate Revolving Commitments or that is required to finance the reimbursement of an LC Disbursement as contemplated by Section 2.04(e2.05(e). Borrowings of more than one Type , and a Swingline Loan may be outstanding at in an aggregate amount that is equal to the same time; provided entire unused balance of the aggregate Swingline Commitments or that there shall not at any time be more than a total is required to finance the reimbursement of sixteen Eurodollar Borrowings outstanding. Within the limits of each Lender’s Commitment, any Borrower may make more than one Borrowing on any Business Dayan LC Disbursement as contemplated by Section 2.05(e). (d) Notwithstanding any other provision of this Agreement, a the Borrower shall not be entitled to request, or to elect to convert a Borrowing to or continue a Borrowing ascontinue, a Eurodollar any Borrowing if the Interest Period requested with respect thereto would end after the applicable Revolving Maturity DateDate (in the case of such Revolving Loan) or the Term Loan Maturity Date applicable to such Borrowing (in the case of such Term Loan), as the case may be. (e) The obligations of the Revolving Lenders hereunder to make Revolving Loans, to fund participations in Letters of Credit and Swingline Loans and to make payments pursuant to Section 9.03(c) are several and not joint (it being understood that the foregoing shall in no way be in derogation of the reallocation of participations in Letters of Credit and Swingline Loans among the Revolving Lenders contemplated by Section 2.22(a)(iv)).

Appears in 3 contracts

Samples: Credit Agreement (Micro Focus International PLC), Credit Agreement (Micro Focus International PLC), Credit Agreement (Micro Focus International PLC)

Loans and Borrowings. (a) Each Revolving Loan shall be made as part of a Borrowing consisting of Revolving Loans of the same Type made by the Lenders ratably in accordance with their respective Commitments, as the applicable Borrower may request (subject to Section 2.12) . Each Competitive Loan shall be made in accordance herewithwith the procedures set forth in Section 2.04. The failure of any Lender to make any Loan required to be made by it shall not relieve any other Lender of its obligations hereunder; provided that the Commitments and Competitive Bids of the Lenders are several and no Lender shall be responsible for any other Lender’s failure to make Loans as required. (b) Subject to Section 2.122.13, (i) each Revolving Borrowing shall be comprised entirely of ABR Loans or Eurodollar LIBOR Loans as the Company, on its own behalf or on behalf of the applicable Pipeline Company Borrower, Borrower may request in accordance herewith, and (ii) each Competitive Borrowing shall be comprised entirely of LIBOR Loans or Fixed Rate Loans as the Borrower may request in accordance herewith. Each Swingline Loan shall be an ABR Loan. Each Lender at its option may make or hold any Eurodollar LIBOR Loan by causing any domestic or foreign branch or Affiliate of such Lender to make or hold such Loan; provided that any exercise of such option shall not affect the obligation of a the Borrower to repay such Loan in accordance with the terms of this AgreementAgreement and shall not cause the Borrower to incur as of the date of the exercise of such option any greater liability than it shall then have under Sections 2.14 and 2.16. (c) At the commencement of each Interest Period for any Eurodollar LIBOR Revolving Borrowing, such Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000 5,000,000 and not less than $20,000,00010,000,000. At the time that each ABR Revolving Borrowing is made, such Borrowing shall be in an aggregate amount that is an integral multiple of $5,000,000 and not less than $10,000,000; provided that an ABR Revolving Borrowing may be in an aggregate amount that is equal to the entire unused balance of the total Commitments. Each Competitive Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000 and not less than $5,000,000; provided . Each Swingline Loan shall be in an amount that is an ABR Borrowing may integral multiple of $1,000,000 and shall be in an aggregate minimum amount that is equal to the entire unused balance of the total Commitments or that is required to finance the reimbursement of an LC Disbursement as contemplated by Section 2.04(e)$1,000,000. Borrowings of more than one Type and Class may be outstanding at the same time; provided that there shall not at any time be more than a total of sixteen Eurodollar 10 LIBOR Revolving Borrowings outstanding. Within the limits of each Lender’s Commitment, any Borrower may make more than one Borrowing on any Business Day. (d) Notwithstanding any other provision of this Agreement, a the Borrower shall not be entitled to request, or to elect to convert a Borrowing to or continue a Borrowing ascontinue, a Eurodollar any Borrowing if the Interest Period requested with respect thereto would end after the Maturity Date.

Appears in 3 contracts

Samples: Credit Agreement (McGraw Hill Financial Inc), Credit Agreement (McGraw-Hill Companies Inc), Credit Agreement (McGraw-Hill Companies Inc)

Loans and Borrowings. (a) Each Revolving Loan shall be made as part of a Borrowing consisting of Revolving Loans of the same Type made by the Lenders Lenders, ratably in accordance with their respective Commitments, as the applicable Borrower may request (subject to Section 2.12) . Each Swingline Loan shall be made in accordance herewithwith the procedures set forth in Section 2.04. The failure of any Lender to make any Loan required to be made by it shall not relieve any other Lender of its obligations hereunder; provided that the Commitments of the Lenders are several and no Lender shall be responsible for any other Lender’s failure to make Loans as required. (b) Subject to Section 2.122.13, each Revolving Borrowing shall be comprised entirely of ABR Loans or Eurodollar Loans Loans, as the Company, on its own behalf or on behalf of the applicable Pipeline Company Borrower, Borrower may request in accordance herewith, and shall be in dollars. Each Swingline Loan shall be in dollars. Each Lender at its option may make or hold any Eurodollar Loan by causing any domestic or foreign branch or Affiliate of such Lender to make or hold such Loan; provided that any exercise of such option shall not affect the obligation of a the Borrower to repay such Loan in accordance with the terms of this Agreement. (c) At the commencement of each Interest Period for any Eurodollar Revolving Borrowing, such Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000 and not less than $20,000,0001,000,000. At the time that each ABR Revolving Borrowing is made, such Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000 and not less than $5,000,0001,000,000; provided that an ABR Revolving Borrowing may be in an aggregate amount that is equal to the entire unused balance of the total Commitments or that is required to finance the reimbursement of an LC Disbursement as contemplated by Section 2.04(e2.05(e). Each Swingline Borrowing shall be in an amount that is an integral multiple of $1,000,000; provided that a Swingline Borrowing may be in an aggregate amount that is required to finance the reimbursement of an LC Disbursement as contemplated by Section 2.05(e). Borrowings of more than one Type and Class may be outstanding at the same time; provided that there shall not at any time be more than a total of sixteen 10 outstanding Eurodollar Borrowings outstanding. Within the limits of each Lender’s Commitment, any Borrower may make more than one Borrowing on any Business DayRevolving Borrowings. (d) Notwithstanding any other provision of this Agreement, a Borrower shall not be entitled to request, or to elect to convert a Borrowing to or continue a Borrowing as, a Eurodollar Borrowing if the Interest Period requested with respect thereto would end after the Maturity Date.

Appears in 3 contracts

Samples: Revolving Credit Agreement (Hess Midstream Partners LP), Revolving Credit Agreement (Hess Midstream Partners LP), Revolving Credit Agreement (Hess Midstream Partners LP)

Loans and Borrowings. (a) Each Loan shall be made as part of a Borrowing consisting of Loans of the same Type made by the Lenders ratably in accordance with their respective Commitments, as the applicable Borrower may request (subject to Section 2.12) in accordance herewith. The failure of any Lender to make any Loan required to be made by it shall not relieve any other Lender of its obligations hereunder; provided that the Commitments of the Lenders are several and no Lender shall be responsible for any other Lender’s failure to make Loans as required. (b) Subject to Section 2.122.13, each Global Borrowing shall be comprised entirely of ABR Loans or Eurodollar Loans Eurocurrency Loans, as the Company, on its own behalf or on behalf of the applicable Pipeline Company Borrower, may request in accordance herewith. All ABR Loans shall be denominated in U.S. Dollars. Eurocurrency Loans may be denominated in U.S. Dollars or an Alternative Currency. Each Swingline Loan shall be an ABR Loan. Each Lender at its option may make or hold any Eurodollar Loan by causing any domestic or foreign branch or Affiliate of such Lender to make or hold such Loan; provided that any exercise of such option shall not affect the obligation of a Borrower the Borrowers to repay such Loan in accordance with the terms of this Agreement. (c) At the commencement of each Interest Period for any Eurodollar Eurocurrency Borrowing, such Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000 and not less than $20,000,0005,000,000. At the time that each ABR Borrowing is made, such Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000 and not less than $5,000,000; provided that an ABR Borrowing may be in an aggregate amount that is equal to the entire unused balance of the total Commitments or that is required to finance the reimbursement of an LC Disbursement as contemplated by Section 2.04(e2.05(e). Each Swingline Loan shall be in an amount that is an integral multiple of $100,000 and not less than $1,000,000. Borrowings of more than one Type and Class may be outstanding at the same time; provided that there shall not at any time be more than a total of sixteen Eurodollar ten Eurocurrency Borrowings outstanding. Within the limits of each Lender’s Commitment, any Borrower may make more than one Borrowing on any Business Day. (d) Notwithstanding any other provision of this Agreement, a Borrower the Company shall not be entitled to request, or to elect to convert a Borrowing to or continue a Borrowing ascontinue, a Eurodollar any Borrowing if the Interest Period requested with respect thereto would end after the Maturity Date.

Appears in 3 contracts

Samples: Credit Agreement (KKR & Co. L.P.), Credit Agreement (KKR & Co. L.P.), Credit Agreement (KKR & Co. L.P.)

Loans and Borrowings. (a) Each Revolving Loan shall be made as part of a Borrowing consisting of Revolving Loans of the same Type made by the Lenders ratably in accordance with their respective Commitments, as the applicable Borrower may request (subject to Section 2.12) in accordance herewith. The failure of any Lender to make any Loan required to be made by it shall not relieve any other Lender of its obligations hereunder; provided that the Commitments of the Lenders are several and no Lender shall be responsible for any other Lender’s 's failure to make Loans as required. (b) Subject to Section 2.122.13, each Revolving Borrowing shall be comprised entirely of ABR Loans or Eurodollar Loans as the Company, on its own behalf or on behalf of the applicable Pipeline Company Borrower, Borrower may request in accordance herewith. Each Swingline Loan shall be an ABR Loan, or, to the extent agreed to in writing from time to time between the Borrower and the Swingline Lenders, any Swingline Loan may bear interest at such other rate as may be acceptable to the Swingline Lenders and the Borrower. Each Lender at its option may make or hold any Eurodollar Loan by causing any domestic or foreign branch or Affiliate of such Lender to make or hold such Loan; provided that any exercise of such option shall not affect the obligation of a the Borrower to repay such Loan in accordance with the terms of this Agreement. (c) At the commencement of each Interest Period for any Eurodollar Borrowing, such Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000 5,000,000 and not less than $20,000,00015,000,000. At the time that each ABR Borrowing is made, such Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000 5,000,000 and not less than $5,000,00015,000,000; provided that an ABR Revolving Borrowing may be in an aggregate amount that is equal to the entire unused balance of the total Commitments or that is required to finance the reimbursement of an LC Disbursement as contemplated by Section 2.04(e2.05(e). Each Swingline Loan shall be in an amount that is an integral multiple of $5,000,000 and not less than $15,000,000. Borrowings of more than one Type may be outstanding at the same time; provided that there shall not at any time be more than a total of sixteen twelve Eurodollar Borrowings outstanding. Within the limits of each Lender’s Commitment, any Borrower may make more than one Borrowing on any Business Day. (d) Notwithstanding any other provision of this Agreement, a the Borrower shall not be entitled to request, or to elect to convert a Borrowing to or continue a Borrowing ascontinue, a Eurodollar any Borrowing if the Interest Period requested with respect thereto would end after the Maturity Date.

Appears in 3 contracts

Samples: Credit and Guarantee Agreement (H&r Block Inc), Credit and Guarantee Agreement (H&r Block Inc), Credit Agreement (H&r Block Inc)

Loans and Borrowings. (a) Each Loan (other than a Swingline Loan) shall be made as part of a Borrowing consisting of Loans of the same Class and Type made by the applicable Lenders ratably in accordance with their respective Commitments, as Commitments of the applicable Borrower may request (subject to Section 2.12) in accordance herewithClass. The failure of any Lender to make any Loan required to be made by it shall not relieve any other Lender of its obligations hereunder; provided that the Commitments of the Lenders are several and no Lender shall be responsible for any other Lender’s failure to make Loans as required. Any Swingline Loan shall be made in accordance with the procedures set forth in Section 2.05. The Term Loans shall amortize as set forth in Section 2.10. (b) Subject to Section 2.122.14, each Revolving Borrowing and Term Loan Borrowing shall be comprised entirely of ABR Loans or Eurodollar Eurocurrency Loans as the Company, on its own behalf or on behalf of the applicable Pipeline Company Borrower, relevant Borrower may request in accordance herewith; provided that each ABR Loan shall only be made in Dollars. Each Swingline Loan shall be an ABR Loan (in the case of a Swingline Loan denominated in Dollars to the Company) or a Eurocurrency Swingline Loan. Each Lender at its option may make or hold any Eurodollar Loan by causing any domestic or foreign branch or Affiliate of such Lender to make or hold such LoanLoan (and in the case of an Affiliate, the provisions of Sections 2.14, 2.15, 2.16 and 2.17 shall apply to such Affiliate to the same extent as to such Lender); provided that any exercise of such option shall not affect the obligation of a the relevant Borrower to repay such Loan in accordance with the terms of this Agreement. (c) At the commencement of each Interest Period for any Eurodollar Eurocurrency Borrowing, such Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000 and not less than $20,000,0003,000,000 (or the Equivalent Amount of each such amount if such Borrowing is denominated in a Foreign Currency). At the time that each ABR Borrowing is made, such Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000 and not less than $5,000,0001,000,000; provided that an ABR Revolving Borrowing may be in an aggregate amount that is equal to the entire unused balance of the total aggregate Revolving Commitments or that is required to finance the reimbursement of an LC Disbursement as contemplated by Section 2.04(e2.06(e). Each Swingline Loan shall be in an amount that is an integral multiple of $500,000 and not less than $500,000 (or the Equivalent Amount of each such amount if such Borrowing is denominated in a Foreign Currency). Borrowings of more than one Type and Class may be outstanding at the same time; provided that there shall not at any time be more than a total of sixteen Eurodollar fifteen (15) Eurocurrency Borrowings outstanding. Within the limits of each Lender’s Commitment, any Borrower may make more than one Borrowing on any Business Day. (d) Notwithstanding any other provision of this Agreement, a no Borrower shall not be entitled to request, or to elect to convert a Borrowing to or continue a Borrowing ascontinue, a Eurodollar any Borrowing if the Interest Period requested with respect thereto would end after the Maturity Date.

Appears in 3 contracts

Samples: Credit Agreement (Fuller H B Co), Credit Agreement (Fuller H B Co), Credit Agreement (Fuller H B Co)

Loans and Borrowings. (a) Each Loan shall be made as part of a Borrowing consisting of Loans of the same Class and Type made by the applicable Lenders ratably in accordance with their respective Commitments, as Commitments of the applicable Borrower may request (subject to Section 2.12) in accordance herewithClass. The failure of any Lender to make any Loan required to be made by it shall not relieve any other Lender of its obligations hereunder; provided that that, the Commitments of the Lenders are several and no Lender shall be responsible for any other Lender’s failure to make Loans as required. The Term Loans shall amortize as set forth in Section 2.10. (b) Subject to Section 2.122.14, each Revolving Borrowing and Term Loan Borrowing shall be comprised entirely of ABR Loans or Eurodollar Term Benchmark Loans as the Company, on its own behalf or on behalf of the applicable Pipeline Company Borrower, Borrower may request in accordance herewith. Each Lender at its option may make or hold any Eurodollar Loan by causing any domestic or foreign branch or Affiliate of such Lender to make or hold such LoanLoan (and in the case of an Affiliate, the provisions of Sections 2.14, 2.15, 2.16 and 2.17 shall apply to such Affiliate to the same extent as to such Lender); provided that that, any exercise of such option shall not affect the obligation of a the Borrower to repay such Loan in accordance with the terms of this AgreementAgreement or result in any increased cost to the Borrower. (c) At the commencement of each Interest Period for any Eurodollar Term Benchmark Revolving Borrowing, such Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000 500,000 and not less than $20,000,0001,000,000. At the time that each ABR Revolving Borrowing is made, such Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000 500,000 and not less than $5,000,0001,000,000; provided that that, an ABR Revolving Borrowing may be in an aggregate amount that is equal to the entire unused balance of the total aggregate Revolving Commitments or that is required to finance the reimbursement of an LC Disbursement as contemplated by Section 2.04(e2.06(e). Borrowings of more than one Type and Class may be outstanding at the same time; provided that that, there shall not at any time be more than a total of sixteen Eurodollar ten (10) Term Benchmark Borrowings or RFR Borrowings outstanding. Within the limits of each Lender’s Commitment, any Borrower may make more than one Borrowing on any Business Day. (d) Notwithstanding any other provision of this Agreement, a the Borrower shall not be entitled to request, or to elect to convert a Borrowing to or continue a Borrowing ascontinue, a Eurodollar any Borrowing if the Interest Period requested with respect thereto would end after the Maturity Date.

Appears in 3 contracts

Samples: Credit Agreement (Waldencast PLC), Credit Agreement (Waldencast PLC), Credit Agreement (Waldencast Acquisition Corp.)

Loans and Borrowings. (a) Each Loan (other than a Swingline Loan) shall be made as part of a Borrowing consisting of Loans of the same Class and Type made by the Lenders ratably in accordance with their respective Commitments, as Commitments of the applicable Borrower may request (subject to Section 2.12) in accordance herewithClass. The failure of any Lender to make any Loan required to be made by it shall not relieve any other Lender of its obligations hereunder; provided that the Commitments of the Lenders are several and no Lender shall be responsible for any other Lender’s failure to make Loans as required. Any Swingline Loan shall be made in accordance with the procedures set forth in Section 2.04. (b) Subject to Section 2.122.13, each Revolving Borrowing shall be comprised entirely of ABR Base Rate Loans or Eurodollar Eurocurrency Loans as the Company, on its own behalf or on behalf of the applicable Pipeline Company Borrower, Borrower may request in accordance herewith. Each Base Rate Loan shall only be made in Dollars. Each Swingline Loan shall be a Base Rate Loan. Each Lender at its option may make or hold any Eurodollar Eurocurrency Loan by causing any domestic or foreign branch or Affiliate of such Lender to make or hold such Loan; provided that any exercise of such option shall not affect the obligation of a Borrower the Borrowers to repay such Loan in accordance with the terms of this Agreement. (c) At Each Borrowing of, conversion to or continuation of Eurocurrency Loans shall be in an aggregate amount that is an integral multiple of $1,000,000 (or, if not an integral multiple, the commencement entire available amount) and not less than $5,000,000 (or, in the case of each Interest Period for any Eurodollar BorrowingLoans in Alternative Currencies, such other minimum amount and integral multiple specified by the Administrative Agent). Each Borrowing of, conversion to or continuation of Base Rate Loans (other than Swingline Loans which shall be subject to Section 2.04) shall be in an aggregate amount that is an integral multiple of $1,000,000 and not less than $20,000,000. At the time that each ABR Borrowing is made, such Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000 and not less than $5,000,0001,000,000; provided that an ABR Borrowing Eurocurrency Loans and Base Rate Loans may be in an aggregate amount that is equal to the entire unused balance of the total total, in the case of U.S. Revolving Loans, U.S. Revolving Commitments, in the case of Alternative Currency Revolving Loans, Alternative Currency Revolving Commitments or that is required to finance the reimbursement of an LC Disbursement as contemplated by Section 2.04(e2.04(c) or Section 2.05(c). Borrowings of more than one Type and Class may be outstanding at the same time; provided that there shall not at any time be more than a total of sixteen Eurodollar ten (10) Eurocurrency Borrowings outstanding. Within the limits of each Lender’s Commitment, any Borrower may make more than one Borrowing on any Business Day. (d) Notwithstanding any other provision of this Agreement, a neither Borrower shall not be entitled to request, or to elect to convert a Borrowing to or continue a Borrowing ascontinue, a Eurodollar any Borrowing if the Interest Period requested with respect thereto to a U.S. Revolving Loan or an Alternative Currency Revolving Loan would end after the Revolving Credit Maturity Date.

Appears in 3 contracts

Samples: Credit Agreement (Dole PLC), Credit Agreement (Dole PLC), Credit Agreement (Dole Food Co Inc)

Loans and Borrowings. (a) Each Loan shall be made as part of a Borrowing consisting of Revolving Loans of the same Type made by the Lenders ratably in accordance with their respective Revolving Loan Commitments, as the applicable Borrower may request (subject to Section 2.12) in accordance herewith. The failure of any Lender to make any Loan required to be made by it shall not relieve any other Lender of its obligations hereunder; provided that the Revolving Loan Commitments of the Lenders are several and no Lender shall be responsible for any other Lender’s failure to make Loans as required. (b) Subject to Section 2.12Sections 2.07(e) and 2.13, each Borrowing shall be comprised entirely of ABR Loans or Eurodollar Loans as the Company, on its own behalf or on behalf of the applicable Pipeline Company Borrower, Borrower may request in accordance herewith. Each Swingline Loan shall be an ABR Loan. Each Lender at its option may make or hold any Eurodollar Loan by causing any domestic or foreign branch or Affiliate of such Lender to make or hold such Loan; provided that any exercise of such option shall not affect the obligation of a the Borrower to repay such Loan in accordance with the terms of this Agreement. (c) At the commencement of each Interest Period for any Eurodollar Revolving Borrowing, such Borrowing shall be in a minimum amount of $5,000,000 and an aggregate amount that is an integral multiple of $1,000,000 and not less than $20,000,000100,000. At the time that each ABR Revolving Borrowing is made, such Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000 100,000 and not less than $5,000,000; provided that an ABR Revolving Borrowing may be in an aggregate amount that is equal to the entire unused balance of the total Commitments or that is required to finance the reimbursement of an LC Disbursement as contemplated by Section 2.04(e)Revolving Loan Commitments. Borrowings of more than one Type and Class may be outstanding at the same time; provided that there shall not at any time be more than a total of sixteen five (5) Eurodollar Revolving Borrowings outstanding. Within the limits of each Lender’s Commitment, any Borrower may make more than one Borrowing on any Business Day. (d) Notwithstanding any other provision of this Agreement, a the Borrower shall not be entitled to request, or to elect to convert a Borrowing to or continue a Borrowing ascontinue, a Eurodollar any Borrowing if the Interest Period requested with respect thereto would end after the Maturity Date.

Appears in 3 contracts

Samples: Credit Agreement (Cubic Corp /De/), Credit Agreement (Cubic Corp /De/), Credit Agreement (Cubic Corp /De/)

Loans and Borrowings. (a) Each Loan (other than a Swingline Loan) shall be made as part of a Borrowing consisting of Loans of the same Class and Type made by the applicable Lenders ratably in accordance with their respective Commitments, as Commitments of the applicable Borrower may request (subject to Section 2.12) in accordance herewithClass. The failure of any Lender to make any Loan required to be made by it shall not relieve any other Lender of its obligations hereunder; provided that the Commitments of the Lenders are several and no Lender shall be responsible for any other Lender’s failure to make Loans as required. Any Swingline Loan shall be made in accordance with the procedures set forth in Section 2.05. The Term Loans shall amortize as set forth in Section 2.10. (b) Subject to Section 2.122.14, each Revolving Borrowing and Term Loan Borrowing shall be comprised entirely of ABR Loans or Eurodollar Loans as the Company, on its own behalf or on behalf of the applicable Pipeline Company Borrower, Borrower may request in accordance herewith. Each Swingline Loan shall be an ABR Loan. Each Lender at its option may make or hold any Eurodollar Loan by causing any domestic or foreign branch or Affiliate of such Lender to make or hold such LoanLoan (and in the case of an Affiliate, the provisions of Sections 2.14, 2.15, 2.16 and 2.17 shall apply to such Affiliate to the same extent as to such Lender); provided that any exercise of such option shall not affect the obligation of a the Borrower to repay such Loan in accordance with the terms of this Agreement. (c) At the commencement of each Interest Period for any Eurodollar Revolving Borrowing, such Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000 500,000 and not less than $20,000,0001,000,000. At the time that each ABR Revolving Borrowing is made, such Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000 500,000 and not less than $5,000,000500,000; provided that an ABR Revolving Borrowing may be in an aggregate amount that is equal to the entire unused balance of the total aggregate Revolving Commitments or that is required to finance the reimbursement of an LC Disbursement as contemplated by Section 2.04(e2.06(e). Each Swingline Loan shall be in an amount that is an integral multiple of $500,000 and not less than $500,000. Borrowings of more than one Type and Class may be outstanding at the same time; provided that there shall not at any time be more than a total of sixteen eight (8) Eurodollar Borrowings outstanding. Within the limits of each Lender’s Commitment, any Borrower may make more than one Borrowing on any Business Day. (d) Notwithstanding any other provision of this Agreement, a the Borrower shall not be entitled to request, or to elect to convert a Borrowing to or continue a Borrowing ascontinue, a Eurodollar any Borrowing if the Interest Period requested with respect thereto would end after the Maturity Date.

Appears in 2 contracts

Samples: Credit Agreement (Angiodynamics Inc), Credit Agreement (Angiodynamics Inc)

Loans and Borrowings. (a) Each Loan shall be made as part of a Borrowing consisting of Loans of the same Class, Type and currency made by the Lenders ratably in accordance with their respective Commitments, as Commitments of the applicable Borrower may request (subject to Section 2.12) in accordance herewithClass. The failure of any Lender to make any Loan required to be made by it shall not relieve any other Lender of its obligations hereunder; provided that the Commitments of the Lenders are several and no Lender shall be responsible for any other Lender’s failure to make Loans as required. (b) Subject to Section 2.122.14, (i) each Borrowing denominated in dollars shall be comprised entirely of ABR Loans or Eurodollar Eurocurrency Loans as the Company, on its own behalf or on behalf of the applicable Pipeline Company Borrower, Borrower may request in accordance herewithherewith and (ii) each Borrowing denominated in a Permitted Foreign Currency shall be comprised entirely of Eurocurrency Loans. Each Lender at its option may make or hold any Eurodollar Loan by causing any domestic or foreign branch or Affiliate of such Lender to make or hold such Loan; provided that any exercise of such option shall not affect the obligation of a the Borrower to repay such Loan in accordance with the terms of this Agreement. (c) At the commencement of each Interest Period for any Eurodollar Eurocurrency Borrowing, such Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000 the Borrowing Multiple and not less than $20,000,000the Borrowing Minimum; provided that a Eurocurrency Borrowing that results from a continuation of an outstanding Eurocurrency Borrowing may be in an aggregate amount that is equal to such outstanding Borrowing. At the time that each ABR Revolving Borrowing is made, such Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000 100,000 and not less than $5,000,000500,000. Borrowings of more than one Type and Class may be outstanding at the same time; provided that there shall not be more than a total of ten Eurocurrency Borrowings at any time outstanding unless the Administrative Agent otherwise agrees. Notwithstanding anything to the contrary herein, an ABR Revolving Borrowing may be in an aggregate amount that is equal to the entire unused balance of the total Commitments Aggregate Revolving Commitment or that is required to finance the reimbursement of an LC Disbursement as contemplated by Section 2.04(e2.05(e). Borrowings of more than one Type may be outstanding at the same time; provided that there shall not at any time be more than a total of sixteen Eurodollar Borrowings outstanding. Within the limits of each Lender’s Commitment, any Borrower may make more than one Borrowing on any Business Day. (d) Notwithstanding any other provision of this Agreement, a Borrower shall not be entitled to request, or to elect to convert a Borrowing to or continue a Borrowing as, a Eurodollar Borrowing if the Interest Period requested with respect thereto would end after the Maturity Date.

Appears in 2 contracts

Samples: Credit Agreement (Arconic Rolled Products Corp), Credit Agreement (Arconic Inc.)

Loans and Borrowings. (a) Each Loan (other than a Swingline Loan) shall be made as part of a Borrowing consisting of Loans of the same Class and Type made by the Lenders ratably in accordance with their respective Commitments, as the applicable Borrower may request (subject to Section 2.12) in accordance herewith. The failure of any Lender to make any Loan required to be made by it shall not relieve any other Lender of its obligations hereunder; provided that the Commitments of the Lenders are several and no Lender shall be responsible for any other Lender’s failure to make Loans as requiredapplicable Class. (b) Subject to Section 2.122.14, each Borrowing shall be comprised entirely of ABR Loans or Eurodollar Eurocurrency Loans as the Company, on its own behalf or on behalf of the applicable Pipeline Company Borrower, Borrower Party may request in accordance herewith; provided that Swingline Loans shall be ABR Loans. Each Lender at its option may make or hold any Eurodollar Loan by causing any domestic or foreign branch or Affiliate of such Lender to make or hold such Loan; provided that any exercise of such option shall not affect the obligation of a the applicable Borrower Party to repay such Loan in accordance with the terms of this Agreement. (c) At the commencement of each Interest Period for any Eurodollar Eurocurrency Borrowing, such Borrowing shall be in an aggregate amount that is an integral multiple of (i) $1,000,000 500,000 and not less than $20,000,0001,000,000 in the case of Loans denominated in dollars and (ii) €500,000 and not less than €1,000,000 in the case of Loans denominated in euro; provided that a Eurocurrency Borrowing that results from a continuation of an outstanding Eurocurrency Borrowing may be in an aggregate amount that is equal to such outstanding Borrowing. At the time that each ABR Borrowing is made, such Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000 500,000 and not less than $5,000,0001,000,000; provided that an ABR Borrowing may be in an aggregate amount that is equal to the entire unused balance of the total aggregate Revolving Commitments or that is required to finance the reimbursement of an LC Disbursement as contemplated by Section 2.04(e2.05. Each Swingline Loan shall be in an amount that is an integral multiple of $500,000 and not less than $1,000,000; provided that a Swingline Loan may be in an aggregate amount that is required to finance the reimbursement of an LC Disbursement as contemplated by Section 2.05(f). Borrowings of more than one Type may be outstanding at the same time; provided that there shall not at any time be more than a total of sixteen Eurodollar ten Eurocurrency Borrowings outstanding. Within outstanding (or such greater number as may be agreed to by the limits of each Lender’s Commitment, any Borrower may make more than one Borrowing on any Business DayAdministrative Agent). (d) Notwithstanding any other provision of this Agreement, a the Borrower Parties shall not be entitled to request, or to elect to convert a Borrowing to or continue a Borrowing ascontinue, a Eurodollar any Eurocurrency Borrowing if the Interest Period requested with respect thereto would end after the Term A Loan Maturity Date, the Term B-1 Loan Maturity Date, the Term B-2 Loan Maturity Date, the Term B-3 Loan Maturity Date or the Revolving Maturity Date, as the case may be.

Appears in 2 contracts

Samples: Third Amendment (Broadcom LTD), Second Amendment (Broadcom Cayman L.P.)

Loans and Borrowings. (a) Each Loan shall be made as part of a Borrowing consisting of Loans of the same Class and Type made to the Borrower by the Lenders ratably in accordance with their respective Commitments, as Commitments of the applicable Borrower may request (subject to Section 2.12) in accordance herewithClass. The failure of any Lender to make any Loan required to be made by it shall not relieve any other Lender of its obligations hereunder; provided that the Commitments of the Lenders are several and no Lender shall be responsible for any other Lender’s failure to make Loans as required. (b) Subject to Section 2.12, Each Revolving Loan Borrowing and each Term Loan Borrowing shall be comprised entirely of ABR Loans or Eurodollar Eurocurrency Loans as the Company, on its own behalf or on behalf of the applicable Pipeline Company Borrower, Borrower may request in accordance herewith. Each Swingline Loan shall be an ABR Loan and shall be denominated in Dollars. Each Lender at its option may make or hold any Eurodollar Eurocurrency Loan by causing any domestic or foreign branch or Affiliate of such Lender to make or hold such Loan; provided that any exercise of such option shall not affect the obligation of a the Borrower to repay such Loan in accordance with the terms of this Agreement. (c) At the commencement of each Interest Period for any Eurodollar Eurocurrency Borrowing, such Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000 (or, if not an integral multiple, the entire available amount) and not less than $20,000,0002,000,000. At the time that each ABR Borrowing is made, such Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000 500,000 and not less than $5,000,000; provided that an ABR Borrowing may be in an aggregate amount that is equal to the entire unused balance of the total Commitments or that is required to finance the reimbursement of an LC Disbursement as contemplated by Section 2.04(e)1,000,000. Borrowings of more than one Type and Class may be outstanding at the same time; provided that there shall not at any time be more than a total of sixteen Eurodollar ten (10) Eurocurrency Borrowings outstanding. Within Each Swingline Loan shall be in an amount that is an integral multiple of $250,000 and not less than $500,000. Notwithstanding anything to the limits contrary herein, the Revolving Loans comprising any Borrowing may be in an aggregate amount that is equal to the entire unused balance of each Lender’s Commitment, any Borrower may make more than one Borrowing on any Business Daythe aggregate Revolving Commitments. (d) Notwithstanding any other provision of this Agreement, a the Borrower shall not be entitled to request, or to elect to convert a Borrowing to or continue a Borrowing ascontinue, a Eurodollar any Borrowing if the Interest Period requested with respect thereto would end after the applicable Revolving Termination Date (in the case of such Revolving Loan) or the Term Loan Maturity DateDate applicable to such Borrowing (in the case of such Term Loan), as the case may be. (e) The obligations of the Revolving Lenders hereunder to make Revolving Loans, to fund participations in Letters of Credit and to make payments pursuant to Section 9.03(c) are several and not joint (it being understood that the foregoing shall in no way be in derogation of the reallocation of participations in Letters of Credit among the Revolving Lenders contemplated by Section 2.22(a)(iv)).

Appears in 2 contracts

Samples: First Lien Credit Agreement (GoodRx Holdings, Inc.), First Lien Credit Agreement (GoodRx Holdings, Inc.)

Loans and Borrowings. (a) Each Revolving Loan and Term Loan shall be made as part of a Borrowing consisting of Revolving Loans of or Term Loans as the same Type case may be, made by the Lenders ratably in accordance with their respective Commitments, Commitments for the Revolving Credit Facility or Term Facility as the applicable Borrower case may request (subject to Section 2.12) in accordance herewithbe. The failure of any Lender to make any Loan required to be made by it shall not relieve any other Lender of its obligations hereunder; provided that the Commitments of the Lenders are several and no Lender shall be responsible for any other Lender’s failure to make Loans as required. (b) Subject to Section 2.12, 2.14 each Revolving Borrowing or Term Borrowing shall be comprised entirely of ABR Loans or Eurodollar Loans as the Company, on its own behalf or on behalf of the applicable Pipeline Company Borrower, Borrower may request in accordance herewith. Each Swingline Loan shall be an ABR Loan. Each Lender at its option may make or hold any Eurodollar Loan by causing any domestic or foreign branch or Affiliate of such Lender to make or hold such LoanLoan (so long as such funding does not change any tax status under Section 2.17); provided that any exercise of such option shall not affect the obligation of a the Borrower to repay such Loan in accordance with the terms of this Agreement. (c) At the commencement of each Interest Period for any Eurodollar Borrowing, such Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000 100,000 and not less than $20,000,000500,000. At the time that each ABR Borrowing is made, such Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000 100,000 and not less than $5,000,000500,000; provided that an ABR Revolving Borrowing may be in an aggregate amount that is equal to the entire unused balance of the total Commitments or that is required to finance the reimbursement of an LC Disbursement as contemplated by Section 2.04(e2.06(e). Each Swingline Loan shall be in an amount that is not less than $100,000. Borrowings of more than one Type and Class may be outstanding at the same time; provided that there shall not at any time be more than a total of sixteen six (6) Eurodollar Borrowings outstanding. Within the limits of each Lender’s Commitment, any Borrower may make more than one Borrowing on any Business Day. (d) Notwithstanding any other provision of this Agreement, a the Borrower shall not be entitled to request, or to elect to convert a Borrowing to or continue a Borrowing ascontinue, a Eurodollar any Borrowing if the Interest Period requested with respect thereto would end after the applicable Maturity Date.

Appears in 2 contracts

Samples: Credit Agreement (BLACK CREEK INDUSTRIAL REIT IV Inc.), Credit Agreement (BLACK CREEK INDUSTRIAL REIT IV Inc.)

Loans and Borrowings. (a) Each Revolving Loan shall be made as part of a Borrowing consisting of Revolving Loans of the same Type made by the Lenders ratably in accordance with their respective Commitments, as the applicable Borrower may request (subject to Section 2.12) in accordance herewithApplicable Percentages. The failure of any Revolving Lender to make any Revolving Loan required to be made by it shall not relieve any other Revolving Lender of its obligations hereunder; provided that the Revolving Commitments of the Revolving Lenders are several and no Revolving Lender shall be responsible for any other Revolving Lender’s failure to make Revolving Loans as required. (b) Subject to Section 2.122.11, each Borrowing of Revolving Loans or Term Loans shall be comprised entirely of ABR Loans or Eurodollar SOFR Loans as the Company, on its own behalf or on behalf of the applicable Pipeline Company Borrower, Borrower may request in accordance herewith. Each Lender at its option may make or hold any Eurodollar SOFR Loan by causing any domestic or foreign branch or Affiliate of such Lender to make or hold such Loan; provided that any exercise of such option shall not affect the obligation of a the Borrower to repay such Loan in accordance with the terms of this Agreement. (c) At the commencement of each Interest Period for any Eurodollar BorrowingSOFR Borrowing of Revolving Loans, such Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000 and not less than $20,000,0005,000,000. At the time that each ABR Borrowing of Revolving Loans is made, such Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000 and not less than $5,000,000; provided that an ABR Borrowing of Revolving Loans may be in an aggregate amount that is equal to the entire unused balance of the total Commitments or that is required to finance the reimbursement of an LC Disbursement as contemplated by Section 2.04(e). Revolving Commitments. (d) Borrowings of more than one Type may be outstanding at the same time; provided that there shall not at any time be more than a total of sixteen Eurodollar ten SOFR Borrowings outstanding. Within the limits of each Lender’s Commitment, any Borrower may make more than one Borrowing on any Business Day. (de) Notwithstanding any other provision of this Agreement, a the Borrower shall not be entitled to request, or to elect to convert a Borrowing to or continue a Borrowing ascontinue, a Eurodollar any Borrowing if the Interest Period requested with respect thereto would end after the Revolving Maturity DateDate (with respect to any Revolving Borrowing) or the Term Maturity Date (with respect to any Term Borrowing).

Appears in 2 contracts

Samples: Revolving Credit Agreement and Incremental Agreement (Palantir Technologies Inc.), Revolving Credit Agreement and Incremental Agreement (Palantir Technologies Inc.)

Loans and Borrowings. (a) Each Revolving Loan shall be made as part of a Borrowing consisting of Revolving Loans of the same Type made by the Lenders ratably in accordance with their respective Commitments, as the applicable Borrower may request (subject to Section 2.12) in accordance herewith. The failure of any Lender to make any Loan required to be made by it shall not relieve any other Lender of its obligations hereunder; provided that the Commitments of the Lenders are several and no Lender shall be responsible for any other Lender’s failure to make Loans as required. (b) Subject to Section 2.122.14, each Revolving Borrowing shall be comprised entirely of ABR Loans or Eurodollar Eurocurrency Loans as the Company, on its own behalf or on behalf of the applicable Pipeline Company Borrower, relevant Borrower may request in accordance herewith; provided that each ABR Loan shall only be made in Dollars. Each Swingline Loan shall be an ABR Loan. Each Lender at its option may make or hold any Eurodollar Eurocurrency Loan by causing any domestic or foreign branch or Affiliate of such Lender to make or hold such Loan; provided that any exercise of such option shall not affect the obligation of a the relevant Borrower to repay such Loan in accordance with the terms of this Agreement. (c) At the commencement of each Interest Period for any Eurodollar Eurocurrency Revolving Borrowing, such Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000 500,000 and not less than $20,000,0003,000,000 (or the Approximate Equivalent Amount of each such amount if such Borrowing is denominated in a Foreign Currency). At the time that each ABR Revolving Borrowing is made, such Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000 100,000 and not less than $5,000,0001,000,000; provided that an ABR Revolving Borrowing may be in an aggregate amount that is equal to the entire unused balance of the total Commitments Aggregate Commitment or that is required to finance the reimbursement of an LC Disbursement as contemplated by Section 2.04(e2.06(e). Each Swingline Loan shall be in an amount that is an integral multiple of $100,000 and not less than $1,000,000. Borrowings of more than one Type and Class may be outstanding at the same time; provided that there shall not at any time be more than a total of sixteen Eurodollar ten (10) Eurocurrency Revolving Borrowings outstanding. Within the limits of each Lender’s Commitment, any Borrower may make more than one Borrowing on any Business Day. (d) Notwithstanding any other provision of this Agreement, a no Borrower shall not be entitled to request, or to elect to convert a Borrowing to or continue a Borrowing ascontinue, a Eurodollar any Borrowing if the Interest Period requested with respect thereto would end after the Maturity Date.

Appears in 2 contracts

Samples: Credit Agreement (Photronics Inc), Credit Agreement (Photronics Inc)

Loans and Borrowings. (a) Each Loan (other than a Swingline Loan) shall be made as part of a Borrowing consisting of Loans of the same Class and Type made by the Lenders ratably in accordance with their respective Commitments, as Commitments of the applicable Borrower may request Class; provided that (subject to Section 2.12i) each Global Revolving Loan (other than Canadian Dollar Loans) shall be made by the Global Revolving Lenders ratably in accordance herewithwith their respective Available Global Revolving Commitments and (ii) each Canadian Dollar Loan shall be made by the Canadian Lenders ratably in accordance with their respective Canadian Commitments. The failure of any Lender to make any Loan required to be made by it shall not relieve any other Lender of its obligations hereunder; provided that the Commitments of the Lenders are several and no Lender shall be responsible for any other Lender’s failure to make Loans as required. (b) Subject to Section 2.122.15, (i) each Revolving Borrowing denominated in Dollars and each Term Borrowing shall be comprised entirely of ABR Loans or Eurodollar Eurocurrency Loans as the Company, on its own behalf or on behalf of the applicable Pipeline Company Borrower, relevant Borrower may request in accordance herewithherewith and (ii) each Qualified Global Currency Borrowing shall be comprised entirely of Eurocurrency Loans. Each Swingline Loan shall be an ABR Loan. Each Lender at its option may make or hold any Eurodollar Eurocurrency Loan by causing any domestic or foreign branch or Affiliate of such Lender to make or hold such Loan; provided that any exercise of such option shall not affect the obligation of a the relevant Borrower to repay such Loan in accordance with the terms of this Agreement. (c) At the commencement of each Interest Period for any Eurodollar Eurocurrency Borrowing, such Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000 and not less than $20,000,00010,000,000. At the time that each ABR Revolving Borrowing is made, such Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000 and not less than $5,000,000; provided that (i) an ABR Domestic Revolving Borrowing may be in an aggregate amount that is equal to the entire unused balance of the total Domestic Revolving Commitments or that is required to finance the reimbursement of an LC Disbursement as contemplated by Section 2.04(e)2.5(e) and (ii) an ABR Global Revolving Borrowing may be in an aggregate amount that is equal to the entire unused balance of the total Global Revolving Commitments. Borrowings Each Swingline Loan shall be in an amount that is an integral multiple of $500,000 and not less than $1,000,000. No more than one Type 20 Eurocurrency Borrowings may be outstanding at any one time under the same time; provided that there shall not Facilities other than the Global Revolving Facility. Unless otherwise agreed by the Administrative Agent, no more than 10 Eurocurrency Borrowings may be outstanding at any one time be more than a total of sixteen Eurodollar Borrowings outstanding. Within under the limits of each Lender’s Commitment, any Borrower may make more than one Borrowing on any Business DayGlobal Revolving Facility. (d) Notwithstanding any other provision of this Agreement, a Borrower shall not be entitled to request, or to elect to convert a Borrowing to or continue a Borrowing ascontinue, a Eurodollar any Borrowing if the Interest Period requested with respect thereto would end after the Domestic Revolving Maturity Date, Global Revolving Maturity Date, Tranche A Maturity Date, Tranche B Maturity Date or Tranche C Maturity Date, as applicable.

Appears in 2 contracts

Samples: Credit Agreement (SPX Corp), Credit Agreement (SPX Corp)

Loans and Borrowings. (a) Each Loan shall be made in dollars or any Alternative Currency as part of a Borrowing consisting of Loans of the same Type made by the Lenders ratably in accordance with their respective CommitmentsCommitments (or, as with respect to the applicable Borrower may request (subject to Section 2.12) in accordance herewithSwingline Loans, made by the Swingline Lender). The failure of any Lender to make any Loan required to be made by it shall not relieve any other Lender of its obligations hereunder; provided that the Commitments of the Lenders are several and no Lender shall be responsible for any other Lender’s failure to make Loans as required. (b) Subject to Section 2.122.14, each Borrowing shall be comprised entirely of ABR Loans, CDOR Loans or Eurodollar Loans as the Company, on its own behalf or on behalf of the applicable Pipeline Company Borrower, Borrower may request in accordance herewith. Each Swingline Loan shall be an ABR Loan. Each Lender at its option may make any CDOR Loan or hold any Eurodollar Loan by causing any domestic or foreign branch or Affiliate of such Lender to make or hold such Loan; provided that any exercise of such option shall not affect the obligation of a the Borrower to repay such Loan in accordance with the terms of this Agreement. (c) At the commencement of each Interest Period for any Eurodollar Borrowing, such Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000 100,000 dollars, Euro or Sterling, as applicable, and not less than $20,000,0001,000,000 dollars, Euro or Sterling, as applicable. At the commencement of each Interest Period for any CDOR Borrowing, such Borrowing shall be in an aggregate amount that is an integral multiple of C$100,000 and not less than C$1,000,000. At the time that each ABR Borrowing is made, such Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000 100,000 and not less than $5,000,0001,000,000; provided that an ABR Borrowing may be in an aggregate amount that is equal to the entire unused balance of the total Commitments or that is required to finance the reimbursement of an LC Disbursement as contemplated by Section 2.04(e2.06(e). Each Swingline Loan shall be in an amount that is an integral multiple of $100,000 and not less than $1,000,000. Borrowings of more than one Type may be outstanding at the same time; provided that there shall not at any time be more than a total of sixteen fifteen CDOR Borrowings and Eurodollar Borrowings outstanding. Within the limits of each Lender’s Commitment, any Borrower may make more than one Borrowing on any Business Day. (d) Notwithstanding any other provision of this Agreement, a the Borrower shall not be entitled to request, or to elect to convert a Borrowing to or continue a Borrowing ascontinue, a Eurodollar any Borrowing if the Interest Period requested with respect thereto would end after the Maturity Date.

Appears in 2 contracts

Samples: Senior Unsecured 5 Year Revolving Credit Agreement (HollyFrontier Corp), Senior Unsecured 5 Year Revolving Credit Agreement (HollyFrontier Corp)

Loans and Borrowings. (a) Each Revolving Loan shall be made as part of a Borrowing consisting of Revolving Loans of the same Type made by the Lenders ratably in accordance with their respective Commitments, as the applicable Borrower may request (subject to Section 2.12) in accordance herewith. The failure of any Lender to make any Loan required to be made by it shall not relieve any other Lender of its obligations hereunder; provided that the Commitments of the Lenders are several and no Lender shall be responsible for any other Lender’s failure to make Loans as required. (b) Subject to Section 2.122.14, each Revolving Borrowing shall be comprised entirely of ABR Loans or Eurodollar Eurocurrency Loans as the Company, on its own behalf or on behalf of the applicable Pipeline Company Borrower, relevant Borrower may request in accordance herewith; provided that each ABR Loan shall only be made in Dollars. Each Swingline Loan shall be an ABR Loan. Each Lender at its option may make or hold any Eurodollar Eurocurrency Loan by causing any domestic or foreign branch or Affiliate of such Lender to make or hold such Loan; provided that any exercise of such option shall not affect the obligation of a the relevant Borrower to repay such Loan in accordance with the terms of this Agreement. (c) At the commencement of each Interest Period for any Eurodollar Eurocurrency Revolving Borrowing, such Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000 and not less than $20,000,0003,000,000 (or the Approximate Equivalent Amount of each such amount if such Borrowing is denominated in a Foreign Currency). At the time that each ABR Revolving Borrowing is made, such Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000 and not less than $5,000,0001,000,000; provided that an ABR Revolving Borrowing may be in an aggregate amount that is equal to the entire unused balance of the total Commitments Aggregate Commitment or that is required to finance the reimbursement of an LC Disbursement as contemplated by Section 2.04(e2.06(e). Each Swingline Loan shall be in an amount that is an integral multiple of $500,000 and not less than $500,000 (or the Approximate Equivalent Amount of each such amount if such Borrowing is denominated in a Foreign Currency). Borrowings of more than one Type and Class may be outstanding at the same time; provided that there shall not at any time be more than a total of sixteen Eurodollar ten (10) Eurocurrency Revolving Borrowings outstanding. Within the limits of each Lender’s Commitment, any Borrower may make more than one Borrowing on any Business Day. (d) Notwithstanding any other provision of this Agreement, a no Borrower shall not be entitled to request, or to elect to convert a Borrowing to or continue a Borrowing ascontinue, a Eurodollar any Borrowing if the Interest Period requested with respect thereto would end after the Maturity Date.

Appears in 2 contracts

Samples: Credit Agreement (Fuller H B Co), Credit Agreement (Fuller H B Co)

Loans and Borrowings. (a) Each Loan shall be made as part of a the Borrowing consisting of Loans of the same Type made by the Lenders ratably in accordance with their respective Commitments, as Commitments on the applicable Borrower may request (subject to Section 2.12) in accordance herewithEffective Date. The failure of any Lender to make any Loan required to be made by it shall not relieve any other Lender of its obligations hereunder; provided that the Commitments of the Lenders are several and no Lender shall be responsible for any other Lender’s failure to make Loans as required. (b) Subject to Section 2.12, each Each Borrowing shall be comprised entirely of ABR Loans or Eurodollar Loans Term SOFR Loans, as applicable, in each case as the Company, on its own behalf or on behalf of the applicable Pipeline Company Borrower, Borrower may request in accordance herewith. Each Lender at its option may make or hold any Eurodollar Term SOFR Loan (and any ABR Loan, the interest on which is determined pursuant to clause (d) of the definition of “Alternate Base Rate”) by causing any domestic or foreign branch or Affiliate of such Lender to make or hold such LoanLoan (and in the case of an Affiliate, the provisions of Sections 2.14, 2.15, 2.16 and 2.17 shall apply to such Affiliate to the same extent as to such Lender); provided that any exercise of such option shall not affect the obligation of a the Borrower to repay such Loan in accordance with the terms of this Agreement. (c) At the commencement of each Interest Period for any Eurodollar Term SOFR Borrowing, such Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000 and not less than $20,000,000thereof. At the time that each ABR Borrowing is made, such Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000 and not less than $5,000,000; provided that an ABR Borrowing may be in an aggregate amount that is equal to the entire unused balance of the total Commitments or that is required to finance the reimbursement of an LC Disbursement as contemplated by Section 2.04(e)1,000,000. Borrowings of more than one Type may be outstanding at the same time; provided that there shall not at any time be more than a total of sixteen Eurodollar five (5) Term SOFR Borrowings outstanding. Within the limits of each Lender’s Commitment, any Borrower may make more than one Borrowing on any Business Day. (d) Notwithstanding any other provision of this Agreement, a the Borrower shall not be entitled to request, or to elect to convert a Borrowing to or continue a Borrowing ascontinue, a Eurodollar any Borrowing if the Interest Period requested with respect thereto would end after the Maturity Date.

Appears in 2 contracts

Samples: Credit Agreement (Northwest Natural Holding Co), Credit Agreement (Northwest Natural Holding Co)

Loans and Borrowings. (a) Each Loan shall be made as part of a Borrowing consisting of Loans of the same Type made by the Lenders ratably in accordance with their respective CommitmentsCommitments (or, as in the applicable Borrower may request (subject to Section 2.12) case of Swingline Loans, in accordance herewithwith their respective Swingline Commitments). The failure of any Lender to make any Loan required to be made by it shall not relieve any other Lender of its obligations hereunder; provided that the Commitments of the Lenders are several and no Lender shall be responsible for any other Lender’s failure to make Loans as required. (b) Subject to Section 2.122.14, each Borrowing (other than a Swingline Borrowing) shall be comprised entirely of ABR Loans or Eurodollar Eurocurrency Revolving Loans as the Company, on its own behalf or on behalf of the applicable Pipeline Company Borrower, Borrower may request in accordance herewith. Each Swingline Borrowing shall be an ABR Borrowing. Each Lender at its option may make any ABR Loan or hold any Eurodollar Eurocurrency Revolving Loan by causing any domestic or foreign branch or Affiliate of such Lender to make or hold such Loan; provided that any exercise of such option shall not affect the obligation of a the Borrower Parties to repay such Loan in accordance with the terms of this AgreementAgreement and such Lender shall not be entitled to any amounts payable under Section 2.15 or 2.17 solely in respect of increased costs resulting from such exercise and existing at the time of such exercise. (c) At the commencement of each Interest Period for any Eurodollar Eurocurrency Borrowing, such Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000 the Borrowing Multiple and not less than $20,000,000the Borrowing Minimum. At the time that each ABR Revolving Facility Borrowing is made, such Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000 the Borrowing Multiple and not less than $5,000,000the Borrowing Minimum; provided that an ABR Revolving Facility Borrowing may be in an aggregate amount that is equal to the entire unused available balance of the total Revolving Facility Commitments or that is required to finance the reimbursement of an LC L/C Disbursement as contemplated by Section 2.04(e2.05(e). Each Swingline Borrowing shall be in an amount that is an integral multiple of the Borrowing Multiple and not less than the Borrowing Minimum. Borrowings of more than one Type may be outstanding at the same time; provided that there shall not at any time be more than a total of sixteen Eurodollar six Eurocurrency Borrowings outstanding. Within the limits of each Lender’s Commitment, any Borrower may make more than one Borrowing on any Business Day. (d) Notwithstanding any other provision of this Agreement, a neither the Borrower nor any Co-Borrower shall not be entitled to request, or to elect to convert a Borrowing to or continue a Borrowing ascontinue, a Eurodollar any Borrowing if the Interest Period requested with respect thereto would end after the Maturity Date.

Appears in 2 contracts

Samples: Revolving Credit Agreement (CPG Newco LLC), Revolving Credit Agreement (CPG Newco LLC)

Loans and Borrowings. (a) Each Revolving Loan shall be made as part of a Borrowing consisting of Revolving Loans of the same Type made by the Lenders ratably in accordance with their respective Commitments, as the applicable Borrower may request (subject to Section 2.12) in accordance herewithApplicable Percentages. The failure of any Lender to make any Loan required to be made by it shall not relieve any other Lender of its obligations hereunder; provided that the Commitments of the Lenders are several and no Lender shall be responsible for any other Lender’s failure to make Loans as required. Any Swingline Loan shall be made in accordance with the procedures set forth in Section 2.4. (b) Subject to Section 2.122.13 and Section 2.14(c), (i) each Revolving Borrowing shall be comprised entirely of ABR Loans or Eurodollar Eurocurrency Loans as the CompanyLead Borrower may request in accordance herewith and (ii) each Swingline Loan shall be comprised entirely of ABR Loans. Eurocurrency Revolving Loans may be denominated in dollars or in any Alternative Currency, on its own behalf or on behalf of as the applicable Pipeline Company Borrower, Lead Borrower may request in accordance herewith. Each ABR Loans shall be denominated only in dollars. Subject to Section 2.14(c), each Lender at its option may make or hold any Eurodollar Loan by causing any domestic or foreign branch or Affiliate of such Lender to make or hold such Loan; provided that any exercise of such option shall not affect the obligation of a Borrower the Borrowers to repay such Loan in accordance with the terms of this Agreement. (c) At the commencement of each Interest Period for any Eurodollar Eurocurrency Borrowing, such Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000 and not less than $20,000,0005,000,000. At the time that each ABR Borrowing is made, such Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000 and not less than $5,000,000; provided that an ABR Borrowing may be in an aggregate amount that is equal to the entire unused balance of the total Commitments or the amount that is required to finance the reimbursement of an LC Disbursement as contemplated by Section 2.04(e2.5(e), as the case may be. Borrowings of more than one Type and Class may be outstanding at the same time; provided that there shall not at any time be more than a total of sixteen Eurodollar ten (10) Eurocurrency Borrowings outstanding. Within the limits of each Lender’s Commitment, any Borrower may make more than one Borrowing on any Business Day. (d) Notwithstanding any other provision of this Agreement, a no Borrower shall not be entitled to request, or to elect to convert a Borrowing to or continue a Borrowing ascontinue, a Eurodollar any Borrowing if the Interest Period requested with respect thereto would end after the Maturity Date.

Appears in 2 contracts

Samples: Revolving Credit Agreement (CF Industries Holdings, Inc.), Revolving Credit Agreement (CF Industries Holdings, Inc.)

Loans and Borrowings. (a) Each Loan shall be made as part of a Borrowing consisting of Loans of the same Type made by the Lenders ratably in accordance with their respective Commitments, as the applicable Borrower may request (subject to Section 2.12) in accordance herewithCommitted Amounts. The failure of any Lender to make any Loan required to be made by it shall not relieve any other Lender of its obligations hereunder; provided that the Commitments Committed Amounts of the Lenders are several and no Lender shall be responsible for any other Lender’s failure to make Loans as required. The respective obligations of the Lenders under this Agreement are several and not joint, and no Lender shall be responsible for the failure of any other Lender to satisfy its obligations hereunder. (b) Subject to Section 2.122.14, each Borrowing shall be comprised entirely of ABR Loans or Eurodollar SOFR Loans as the Company, on its own behalf or on behalf of the applicable Pipeline Company Borrower, Borrower may request in accordance herewith. Each Lender at its option may make or hold any Eurodollar SOFR Loan by causing any domestic or foreign branch or Affiliate of such Lender to make or hold such Loan; provided that any exercise of such option shall not affect the obligation of a the Borrower to repay such Loan in accordance with the terms of this Agreement. (c) At the commencement of each Interest Period for any Eurodollar SOFR Borrowing, such Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000 300,000 and not less than $20,000,0002,000,000. At the time that each ABR Borrowing is made, such Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000 100,000 and not less than $5,000,000500,000; provided that an ABR Borrowing may be in an aggregate amount that is equal to the entire unused balance of the total Commitments aggregate Committed Amount or that is required to finance the reimbursement of an LC Disbursement as contemplated by Section 2.04(e2.06(e). Borrowings of more than one Type may be outstanding at the same time; provided that there shall not at any time be more than a total of sixteen Eurodollar six SOFR Borrowings outstanding. Within the limits of each Lender’s Commitment, any Borrower may make more than one Borrowing on any Business Day. (d) Notwithstanding any other provision of this Agreement, a the Borrower shall not be entitled to request, or to elect to convert a Borrowing to or continue a Borrowing ascontinue, a Eurodollar any Borrowing if the Interest Period requested with respect thereto would end after the Stated Maturity Date.

Appears in 2 contracts

Samples: Credit Agreement (Genesis Energy Lp), Credit Agreement (Genesis Energy Lp)

Loans and Borrowings. (a) Each Revolving Loan shall be made as part of a Borrowing consisting of Revolving Loans of the same Type made by the Lenders ratably in accordance with their respective Commitments, as the applicable Borrower may request (subject to Section 2.12) . Each Competitive Loan shall be made in accordance herewithwith the procedures set forth in Section 2.04. The failure of any Lender to make any Loan required to be made by it shall not relieve any other Lender of its obligations hereunder; provided that the Commitments and Competitive Bids of the Lenders are several and no Lender shall be responsible for any other Lender’s failure to make Loans as required. (b) Subject to Section 2.122.14, (i) each Revolving Borrowing shall be comprised entirely of ABR Loans or Eurodollar Eurocurrency Loans as the Company, on its own behalf Borrower may request in accordance herewith and (ii) each Competitive Borrowing shall be comprised entirely of Eurocurrency Loans or on behalf of Fixed Rate Loans as the applicable Pipeline Company Borrower, Borrower may request in accordance herewith. Each Lender at its option may make or hold any Eurodollar Eurocurrency Loan denominated in Dollars by causing any domestic or foreign branch or Affiliate of such Lender to make or hold such Loan; provided that any exercise of such option shall not affect the obligation of a the Borrower to repay such Loan in accordance with the terms of this Agreement. Each Lender shall make each Eurocurrency Loan denominated in Euros from its applicable Lending Office. (c) At the commencement of each Interest Period for any Eurodollar Eurocurrency Revolving Borrowing, the Dollar Equivalent of such Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000 and not less than $20,000,0005,000,000 (in each case, determined on the date by which a Borrowing Request or Interest Election Request is required to be delivered pursuant to Section 2.03 or Section 2.08, respectively. At the time that each ABR Revolving Borrowing is made, such Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000 500,000 and not less than $5,000,0001,000,000; provided that an ABR Revolving Borrowing may be in an aggregate amount that is equal to the entire unused balance of the total Commitments or that is required to finance the reimbursement of an LC Disbursement as contemplated by Section 2.04(e2.06(e). Each Competitive Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000 and not less than $5,000,000. Each Swingline Loan shall be in an amount that is an integral multiple of $100,000 and not less than $1,000,000. Borrowings of more than one Type and Class may be outstanding at the same time; provided that there shall not at any time be more than a total of sixteen Eurodollar five Eurocurrency Revolving Borrowings outstanding. Within the limits of each Lender’s Commitment, any Borrower may make more than one Borrowing on any Business Day. (d) Notwithstanding any other provision of this Agreement, a the Borrower shall not be entitled to request, or to elect to convert a Borrowing to or continue a Borrowing ascontinue, a Eurodollar any Borrowing if the Interest Period requested with respect thereto would end after the Maturity Date.

Appears in 2 contracts

Samples: 5 Year Revolving Credit Agreement (NuStar Energy L.P.), 5 Year Revolving Credit Agreement (NuStar GP Holdings, LLC)

Loans and Borrowings. (a) Each Loan shall be made as part of a Borrowing consisting of Loans of the same Type made by the Lenders Lenders, ratably in accordance with their respective Commitments, as the applicable Borrower may request (subject to Section 2.12) in accordance herewith. The failure of any Lender to make any Loan required to be made by it shall not relieve any other Lender of its obligations hereunder; provided that the Commitments of the Lenders are several several, and no Lender shall be responsible for any other Lender’s failure to make Loans as required. (b) Subject to Section Sections 2.04(e) and 2.12, each Borrowing shall be comprised entirely of ABR Loans or Eurodollar Loans as the Company, on its own behalf or on behalf of the applicable Pipeline Company Borrower, may request in accordance herewithherewith and shall be in dollars. Each Lender at its option may make or hold any Eurodollar Loan by causing any domestic or foreign branch or Affiliate of such Lender to make or hold such Loan; provided that any exercise of such option shall not affect the obligation of a Borrower the Company to repay such Loan in accordance with the terms of this AgreementAgreement and shall not be inconsistent with the duty of such Lender under Section 2.17(a) to minimize the amounts payable by the Company under Section 2.13 or 2.15. (c) At the commencement of each Interest Period for any Eurodollar Borrowing, such Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000 and not less than $20,000,00010,000,000. At the time that each ABR Borrowing is made, such Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000 and not less than $5,000,00010,000,000; provided that an ABR Borrowing may be in an aggregate amount that is equal to the entire unused balance of the total Commitments or that is required to finance the reimbursement of an LC Disbursement as contemplated by Section 2.04(e)2.04. Borrowings of more than one Type may be outstanding at the same time; provided that there shall not at any time be more than a total of sixteen five outstanding Eurodollar Borrowings outstanding. Within the limits of each Lender’s Commitment, any Borrower may make more than one Borrowing on any Business DayBorrowings. (d) Notwithstanding any other provision of this Agreement, a Borrower shall not be entitled to request, or to elect to convert a Borrowing to or continue a Borrowing as, a Eurodollar Borrowing if the Interest Period requested with respect thereto would end after the Maturity Date.

Appears in 2 contracts

Samples: Credit Agreement (Sherwin Williams Co), Credit Agreement (Sherwin Williams Co)

Loans and Borrowings. (a) Each Loan (other than a Swingline Loan) shall be made as part of a Borrowing consisting of Loans of the same Class and Type made by the Lenders ratably in accordance with their respective Commitments, as Commitments of the applicable Borrower may request (subject to Section 2.12) in accordance herewithClass. The failure of any Lender to make any Loan required to be made by it shall not relieve any other Lender of its obligations hereunder; provided that the Commitments of the Lenders are several and no Lender shall be responsible for any other Lender’s 's failure to make Loans as required. (b) Subject to Section 2.122.14, each Revolving Borrowing and Term Borrowing shall be comprised entirely of ABR Loans or Eurodollar Loans as the Company, on its own behalf or on behalf of the applicable Pipeline Company Borrower, Borrower may request in accordance herewith. Each Lender at its option may make or hold any Eurodollar Swingline Loan by causing any domestic or foreign branch or Affiliate of such Lender to make or hold such shall be an ABR Loan; provided that any exercise of such option shall not affect the obligation of a Borrower to repay such Loan in accordance with the terms of this Agreement. (c) At the commencement of each Interest Period for any Eurodollar Borrowing, such Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000 and not less than $20,000,0005,000,000. At the time that each ABR Revolving Borrowing is made, such Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000 and not less than $5,000,000; provided that an ABR Revolving Borrowing may be in an aggregate amount that is equal to the entire unused balance of the total Revolving Commitments or that is required to finance the reimbursement of an LC Disbursement as contemplated by Section 2.04(e2.05(e). Each Swingline Loan shall be in an amount that is an integral multiple of $1,000,000. Borrowings of more than one Type and Class may be outstanding at the same time; provided that there shall not at any time be more than a total of sixteen 15 Eurodollar Borrowings outstanding. Within the limits of each Lender’s Commitment, any Borrower may make more than one Borrowing on any Business Day. (d) Notwithstanding any other provision of this Agreement, a the Borrower shall not be entitled to request, or to elect to convert a Borrowing to or continue a Borrowing ascontinue, a Eurodollar any Borrowing if the Interest Period requested with respect thereto would end after the Revolving Maturity Date, Tranche A Maturity Date or Tranche B Maturity Date, as applicable.

Appears in 2 contracts

Samples: Credit Agreement (Dex Media, Inc./New), Credit Agreement (Donnelley R H Inc)

Loans and Borrowings. (a) Each Loan (other than a Swingline Loan) shall be made as part of a Borrowing consisting of Loans of the same Class and Type made by the Lenders ratably in accordance with their respective Commitments, as Commitments of the applicable Borrower may request (subject to Section 2.12) in accordance herewithClass. The failure of any Lender to make any Loan required to be made by it shall not relieve any other Lender of its obligations hereunder; provided that provided, that, the Commitments of the Lenders are several and no Lender shall be responsible for any other Lender’s failure to make Loans as required. (b) Subject to Section 2.122.14, each Revolving Borrowing and Term Borrowing shall be comprised entirely of ABR Loans or Eurodollar Loans as the Company, on its own behalf or on behalf of the applicable Pipeline Company Borrower, Borrower may request in accordance herewith; provided, that, all Borrowings made on the Closing Date must be made as ABR Borrowings unless the Borrower shall have given the notice required for a Eurodollar Borrowing under Section 2.03 and provided an indemnity therein extending the benefits of Section 2.18 to Lenders in respect of such Borrowings. Each Swingline Loan shall be an ABR Loan. Each Lender at its option may make or hold any Eurodollar Loan by causing any domestic or foreign branch or Affiliate of such Lender to make or hold such Loan; provided that provided, that, any exercise of such option shall not affect the obligation of a the Borrower to repay such Loan in accordance with the terms of this Agreement. (c) At the commencement of each Interest Period for any Eurodollar Borrowing, such Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000 500,000 and not less than $20,000,0001,000,000; provided, that, a Eurodollar Borrowing that results from a continuation of an outstanding Eurodollar Borrowing may be in an aggregate amount that is equal to such outstanding Borrowing. At the time that each ABR Revolving Borrowing is made, such Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000 500,000 and not less than $5,000,0001,000,000. Each Swingline Loan shall be in an amount that is an integral multiple of $100,000 and not less than $500,000. Borrowings of more than one Type and Class may be outstanding at the same time; provided that provided, that, there shall not at any time be more than a total of 10 (or such greater number as may be agreed to by the Administrative Agent) Eurodollar Borrowings outstanding. Notwithstanding anything to the contrary herein, an ABR Revolving Borrowing or a Swingline Loan may be in an aggregate amount that is equal to the entire unused balance of the total Commitments Aggregate Revolving Commitment or that is required to finance the reimbursement of an LC Disbursement as contemplated by Section 2.04(e2.05(f). Borrowings of more than one Type may be outstanding at , subject to the same time; provided that there shall not at any time be more than a total of sixteen Eurodollar Borrowings outstanding. Within the limits of each Lender’s Commitment, any Borrower may make more than one Borrowing on any Business DaySwingline Loan sublimit set forth in Section 2.04(a)(i). (d) Notwithstanding any other provision of this Agreement, a the Borrower shall not be entitled to request, or to elect to convert a Borrowing to or continue a Borrowing ascontinue, a any Eurodollar Borrowing if the Interest Period requested with respect thereto would end after the Maturity DateDate applicable thereto.

Appears in 2 contracts

Samples: Credit Agreement (Trinet Group, Inc.), Credit Agreement (Trinet Group Inc)

Loans and Borrowings. (a) Each Loan (other than a Swingline Loan) shall be made as part of a Borrowing consisting of Loans of the same Class and Type made by the Lenders ratably in accordance with their respective Commitments, as Commitments of the applicable Borrower may request (subject to Section 2.12) in accordance herewithClass. The failure of any Lender to make any Loan required to be made by it shall not relieve any other Lender of its obligations hereunder; provided that the Commitments of the Lenders are several and no Lender shall be responsible for any other Lender’s 's failure to make Loans as required. (b) Subject to Section 2.122.14, each Revolving Borrowing and Term Borrowing shall be comprised entirely of ABR Loans or Eurodollar Eurocurrency Loans as the Company, on its own behalf or on behalf of the applicable Pipeline Company Borrower, Borrower may request in accordance herewith. Each Lender at its option may make or hold any Eurodollar Swingline Loan by causing any domestic or foreign branch or Affiliate of such Lender to make or hold such shall be an ABR Loan; provided that any exercise of such option shall not affect the obligation of a Borrower to repay such Loan in accordance with the terms of this Agreement. (c) At the commencement of each Interest Period for any Eurodollar Eurocurrency Borrowing, such Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000 and not less than $20,000,0005,000,000. At the time that each ABR Revolving Borrowing is made, such Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000 and not less than $5,000,000; provided that an ABR Revolving Borrowing may be in an aggregate amount that is equal to the entire unused balance of the total Revolving Commitments or that is required to finance the reimbursement of an LC Disbursement as contemplated by Section 2.04(e2.05(e). Each Swingline Loan shall be in an amount that is an integral multiple of $1,000,000. Borrowings of more than one Type and Class may be outstanding at the same time; provided that there shall not at any time be more than a total of sixteen Eurodollar 15 Eurocurrency Borrowings outstanding. Within the limits of each Lender’s Commitment, any Borrower may make more than one Borrowing on any Business Day. (d) Notwithstanding any other provision of this Agreement, a the Borrower shall not be entitled to request, or to elect to convert a Borrowing to or continue a Borrowing ascontinue, a Eurodollar any Borrowing if the Interest Period requested with respect thereto would end after the Revolving Maturity Date, Tranche A Maturity Date or Tranche B Maturity Date, as applicable.

Appears in 2 contracts

Samples: Credit Agreement (Dex Media East LLC), Credit Agreement (Dex Media Inc)

Loans and Borrowings. (a) Each Revolving Loan shall be made as part of a Borrowing consisting of Revolving Loans of the same Type made by the Lenders ratably in accordance with their respective Commitments, as the applicable Borrower may request (subject to Section 2.12) . Each Competitive Loan shall be made in accordance herewithwith the procedures set forth in Section 2.4. The failure of any Lender to make any Loan required to be made by it shall not relieve any other Lender of its obligations hereunder; provided that the Commitments and Competitive Bids of the Lenders are several and no Lender shall be responsible for any other Lender’s 's failure to make Loans as required. (b) Subject to Section 2.122.14, (i) each Revolving Borrowing shall be comprised entirely of ABR Loans or Eurodollar Revolving Loans as the Company, on its own behalf Company or on behalf of the applicable Pipeline Company Borrower, a Borrower may request in accordance herewith, and (ii) each Competitive Borrowing shall be comprised entirely of Eurodollar Competitive Loans. Each Lender at its option may make or hold any Eurodollar Loan by causing any domestic or foreign branch or Affiliate of such Lender to make or hold such Loan; provided that any exercise of such option shall not affect the obligation of a Borrower the Borrowers to repay such Loan in accordance with the terms of this Agreement. (c) At the commencement of each Interest Period for any Eurodollar Revolving Borrowing, such Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000 500,000 and not less than $20,000,0001,000,000. At the time that each ABR Revolving Borrowing is made, such Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000 500,000 and not less than $5,000,0001,000,000; provided that an ABR Revolving Borrowing may be in an aggregate amount that is equal to the entire unused balance of the total Commitments or that is required to finance the reimbursement of an LC Disbursement as contemplated by Section 2.04(e2.6(e). Each Competitive Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000 and not less than $20,000,000. Borrowings of more than one Type and Class may be outstanding at the same time; provided that there shall not at any time be more than a total of sixteen eight Eurodollar Revolving Borrowings outstanding. Within the limits of each Lender’s Commitment, any Borrower may make more than one Borrowing on any Business Day. (d) Notwithstanding any other provision of this Agreement, a Borrower the Company and the other Borrowers shall not be entitled to request, or to elect to convert a Borrowing to or continue a Borrowing ascontinue, a any Eurodollar Borrowing if the Interest Period requested with respect thereto would end after the Maturity Date, or if prohibited by Section 2.8(e).

Appears in 2 contracts

Samples: Credit Agreement (Carey W P & Co LLC), Credit Agreement (Carey W P & Co LLC)

Loans and Borrowings. (a) Each Borrowing of Revolving Loans (other than Yen Loans) shall consist of Revolving Loans made by the Lenders ratably in accordance with their respective Commitments. Each Yen Loan shall be made as part of a Borrowing consisting of Yen Loans of the same Type made by the Yen Fronting Lenders ratably in accordance with their respective Yen Commitments, as the applicable Borrower may request (subject to Section 2.12) in accordance herewith. The failure of any Lender to make any Loan required to be made by it shall not relieve any other Lender of its obligations hereunder; provided that the Commitments and Yen Commitments of the Lenders are several and no Lender shall be responsible for any other Lender’s 's failure to make Loans as required. (b) Subject to Section 2.122.13, each Revolving Borrowing shall be comprised entirely of ABR Base Rate Loans, Eurocurrency Loans or Eurodollar TIBOR Loans as the Company, on its own behalf or on behalf of the applicable Pipeline Company Borrower, Borrower may request in accordance herewith. Each Lender at its option may make any Eurocurrency Loan or hold any Eurodollar Loan TIBOR Loan, as applicable, by causing any domestic or foreign branch or Affiliate of such Lender to make or hold such Loan; provided that any exercise of such option shall (i) subject to following clause (ii), not affect the obligation of a the Borrower thereof to repay such Loan in accordance with the terms of this AgreementAgreement and (ii) not create any additional liability of the Borrowers in respect of Sections 2.14 or 2.16. (c) At the commencement of each Interest Period for any Eurodollar Eurocurrency or TIBOR Revolving Borrowing, such Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000 units of the relevant Currency and not less than an amount which is the Dollar Equivalent to $20,000,000. At the time that each ABR any Base Rate Borrowing is made, such Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000 units and not less than an amount which is the Dollar Equivalent to $5,000,00020,000,000; provided that an ABR any Base Rate Borrowing may be in an aggregate amount that is equal to the entire unused balance of the sum total Commitments or that is required to finance of the reimbursement of an LC Disbursement as contemplated by Section 2.04(e)Commitments. Borrowings of more than one Type may be outstanding at the same time; provided that there shall not at any time be more than a total of sixteen Eurodollar 20 Eurocurrency Revolving Borrowings outstanding nor more than five TIBOR Borrowings outstanding. Within the limits of each Lender’s Commitment, any Borrower may make more than one Borrowing on any Business Day. (d) Notwithstanding any other provision of this Agreement, a no Borrower shall not be entitled to request, request or to elect to convert a Borrowing to or continue a Borrowing as, a Eurodollar Borrowing if the any Interest Period requested with in respect thereto of any Borrowing that would end after the Maturity Date.

Appears in 2 contracts

Samples: Credit Agreement (Aol Time Warner Inc), Credit Agreement (Aol Time Warner Inc)

Loans and Borrowings. (a) Each Revolving Loan shall be made as part of a Borrowing consisting of Revolving Loans of the same Type made by the Lenders ratably in accordance with their respective Commitments, as the applicable Borrower may request (subject to Section 2.12) in accordance herewith. The failure of any Lender to make any Loan required to be made by it shall not relieve any other Lender of its obligations hereunder; provided that the Commitments of the Lenders are several and no Lender shall be responsible for any other Lender’s failure to make Loans as required. (b) Subject to Section 2.122.13, each Borrowing requested in Dollars shall be comprised entirely of ABR Loans or Eurodollar Loans as the Company, on its own behalf or on behalf of the applicable Pipeline Company Borrower, Borrower may request in accordance herewith. Each Borrowing requested in an Alternative Currency shall be comprised entirely of Alternative Currency Loans. Each Lender at its option may make or hold any Eurodollar Loan or Alternative Currency Loan by causing any domestic or foreign branch or Affiliate of such Lender to make or hold such Loan; provided that any exercise of such option shall not affect the obligation of a the Borrower to repay such Loan in accordance with the terms of this Agreement. (c) At the commencement of each Interest Period for any Eurodollar Borrowing or Alternative Currency Borrowing, such Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000 100,000 or the Equivalent Amount in an Alternative Currency and not less than $20,000,0001,000,000 or the Equivalent Amount in an Alternative Currency. At the time that each ABR Revolving Borrowing is made, such Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000 and not less than $5,000,000500,000; provided that (i) an ABR Revolving Borrowing may be in an aggregate amount that is equal to (A) the entire unused balance of the total Commitments Commitments, (B) that which is required to repay a Swingline Loan in Dollars, or (C) that which is required to finance the reimbursement of an LC Disbursement in Dollars as contemplated by Section 2.04(e2.05(e) and (ii) an Alternative Currency Loan may be in an aggregate amount that is equal to (A) that which is required to repay a Swingline Loan in such Alternative Currency or (B) that which is required to finance the reimbursement of an LC Disbursement in such Alternative Currency as contemplated by Section 2.05(e). Borrowings of more than one Type and Class may be outstanding at the same time; provided that there shall not at any time be more than a total of sixteen twelve (12) Eurodollar Borrowings outstanding. Within the limits of each Lender’s Commitment, any Borrower may make and more than one Borrowing on any Business Dayeight (8) Alternative Currency Borrowings outstanding. (d) Notwithstanding any other provision of this Agreement, a the Borrower shall not be entitled to request, or to elect to convert a Borrowing to or continue a Borrowing ascontinue, a Eurodollar any Borrowing if the Interest Period requested with respect thereto would end after the Maturity Termination Date. (a) If a Revolving Loan is made in an Alternative Currency, subsequent Revolving Loans requested in, or converted into, Dollars shall be advanced first by Lenders that do not have Commitments in an Alternative Currency until such time as the amount owing to each of the Lenders under the Revolving Loans is equal to its Applicable Percentage of the aggregate Commitments.

Appears in 2 contracts

Samples: Credit Agreement (Cardtronics Inc), Credit Agreement (Cardtronics Inc)

Loans and Borrowings. (a) Each Loan (other than a Swingline Loan) shall be made as part of a Borrowing consisting of Loans of the same Class and Type made by the Lenders ratably in accordance with their respective Commitments, as Commitments of the applicable Borrower may request (subject to Section 2.12) in accordance herewithClass. The failure of any Lender to make any Loan required to be made by it shall not relieve any other Lender of its obligations hereunder; , provided that the Commitments of the Lenders are several and no Lender shall be responsible for any other Lender’s 's failure to make Loans as required. (b) Subject to Section 2.122.14, each Revolving Borrowing and Term Borrowing shall be comprised entirely of ABR Loans or Eurodollar Loans as the Company, on its own behalf or on behalf of the applicable Pipeline Company Borrower, Borrower may request in accordance herewith, provided that all Borrowings made on the Effective Date shall be ABR Borrowings. Each Swingline Loan shall be an ABR Loan. Each Lender at its option may make or hold any Eurodollar Loan by causing any domestic or foreign branch or Affiliate of such Lender to make or hold such Loan; , provided that (i) any exercise of such option shall not affect the obligation of a Borrower the Borrowers to repay such Loan in accordance with the terms of this AgreementAgreement and (ii) the Borrowers shall not be required to make any greater payment under Section 2.15 or Section 2.17 to the applicable Lender than such Lender would have been entitled to receive if such Lender had not exercised such option. (c) At the commencement of each Interest Period for any Eurodollar Borrowing, such Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000 and not less than $20,000,000. At the time that each ABR Revolving Borrowing is made, such Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000 500,000 and not less than $5,000,000; 10,000,000, provided that an ABR Revolving Borrowing may be in an aggregate amount that is equal to the entire unused balance of the total Revolving Commitments or that is required to finance the reimbursement of an LC Disbursement as contemplated by Section 2.04(e2.05(e). Each Swingline Loan shall be in an amount that is an integral multiple of $100,000 and not less than $500,000. Borrowings of more than one Type and Class may be outstanding at the same time; , provided that there shall not at any time be more than a total of sixteen six Eurodollar Borrowings outstanding. Within the limits outstanding with respect to any Tranche of each Lender’s Commitment, any Borrower may make more than one Borrowing on any Business DayBorrowings. (d) Notwithstanding any other provision of this Agreement, a Borrower the Borrowers shall not be entitled to request, or to elect to convert a Borrowing to or continue a Borrowing ascontinue, a Eurodollar any Borrowing if the Interest Period requested with respect thereto would end after the Revolving Maturity Date, Tranche A Maturity Date or Tranche B Maturity Date, as applicable.

Appears in 2 contracts

Samples: Credit Agreement (Seagate Technology Malaysia Holding Co Cayman Islands), Credit Agreement (Veritas Software Technology Corp)

Loans and Borrowings. (a) Each Loan shall be made as part of a Borrowing consisting of Loans of the same Class and Type made by the applicable Lenders ratably in accordance with their respective Commitments, as Commitments of the applicable Borrower may request (subject to Section 2.12) in accordance herewithClass. The failure of any Lender to make any Loan required to be made by it shall not relieve any other Lender of its obligations hereunder; provided that the Commitments of the Lenders are several and no Lender shall be responsible for any other Lender’s failure to make Loans as required. The Term Loans shall be repaid as set forth in Section 2.10. (b) Subject to Section 2.122.14, each Revolving Borrowing and each Term Loan Borrowing shall be comprised entirely of ABR Loans, Term Benchmark Loans or Eurodollar RFR Loans as the Company, on its own behalf or on behalf of the applicable Pipeline Company Borrower, Borrower may request in accordance herewith; provided that all Borrowings made on the Effective Date must be made as ABR Borrowings but may be converted into Term Benchmark Borrowings in accordance with Section 2.08. Each Lender at its option may make or hold any Eurodollar Loan by causing any domestic or foreign branch or Affiliate of such Lender to make or hold such LoanLoan (and in the case of an Affiliate, the provisions of Sections 2.14, 2.15, 2.16 and 2.17 shall apply to such Affiliate to the same extent as to such Lender); provided that any exercise of such option shall not affect the obligation of a the Borrower to repay such Loan in accordance with the terms of this Agreement. (c) At the commencement of each Interest Period for any Eurodollar Term Benchmark Revolving Borrowing, such Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000 100,000 and not less than $20,000,0001,000,000. At the time that each ABR Revolving Borrowing and/or RFR Borrowing is made, such Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000 100,000 and not less than $5,000,000500,000; provided that an ABR Revolving Borrowing may be in an aggregate amount that is equal to the entire unused balance of the total aggregate Revolving Commitments or that is required to finance the reimbursement of an LC Disbursement as contemplated by Section 2.04(e2.06(e). Borrowings of more than one Type and Class may be outstanding at the same time; provided that there shall not at any time be more than a total of sixteen Eurodollar ten (10) Term Benchmark Borrowings or RFR Borrowings outstanding. Within the limits of each Lender’s Commitment, any Borrower may make more than one Borrowing on any Business Day. (d) Notwithstanding any other provision of this Agreement, a the Borrower shall not be entitled to request, or to elect to convert a or continue, any Borrowing to or continue a Borrowing as, a Eurodollar Borrowing of any Class if the Interest Period requested with respect thereto would end after the Maturity DateDate for such Class.

Appears in 2 contracts

Samples: Limited Waiver and Fourth Amendment to Third Amended and Restated Credit Agreement (Eagle Pharmaceuticals, Inc.), Credit Agreement (Eagle Pharmaceuticals, Inc.)

Loans and Borrowings. (a) Each Loan (other than a Swingline Loan) shall be made as part of a Borrowing consisting of Loans of the same Class and Type made by the Lenders ratably in accordance with their respective Commitments, as Commitments of the applicable Borrower may request Class; provided that (subject to Section 2.12i) each Global Revolving Loan (other than Canadian Dollar Loans) shall be made by the Global Revolving Lenders ratably in accordance herewithwith their respective Available Global Revolving Commitments and (ii) each Canadian Dollar Loan shall be made by the Canadian Lenders ratably in accordance with their respective Canadian Commitments. The failure of any Lender to make any Loan required to be made by it shall not relieve any other Lender of its obligations hereunder; provided that the Commitments of the Lenders are several and no Lender shall be responsible for any other Lender’s failure to make Loans as required. (b) Subject to Section 2.122.16, (i) each Revolving Borrowing denominated in Dollars and each Term Loan Borrowing shall be comprised entirely of ABR Loans or Eurodollar Eurocurrency Loans as the Company, on its own behalf or on behalf of the applicable Pipeline Company Borrower, relevant Borrower may request in accordance herewithherewith and (ii) each Qualified Global Currency Borrowing shall be comprised entirely of Eurocurrency Loans. Each Swingline Loan shall be an ABR Loan. Each Lender at its option may make or hold any Eurodollar Eurocurrency Loan by causing any domestic or foreign branch or Affiliate of such Lender to make or hold such Loan; provided that any exercise of such option shall not affect the obligation of a the relevant Borrower to repay such Loan in accordance with the terms of this Agreement. (c) At the commencement of each Interest Period for any Eurodollar Eurocurrency Borrowing, such Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000 and not less than $20,000,00010,000,000. At the time that each ABR Revolving Borrowing is made, such Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000 and not less than $5,000,000; provided that (i) an ABR Domestic Revolving Borrowing may be in an aggregate amount that is equal to the entire unused balance of the total Domestic Revolving Commitments or that is required to finance the reimbursement of an LC Disbursement as contemplated by Section 2.04(e)2.5(e) and (ii) an ABR Global Revolving Borrowing may be in an aggregate amount that is equal to the entire unused balance of the total Global Revolving Commitments. Borrowings Each Swingline Loan shall be in an amount that is an integral multiple of $500,000 and not less than $1,000,000. No more than one Type 20 Eurocurrency Borrowings may be outstanding at any one time under the same time; provided that there shall not Facilities other than the Global Revolving Facility. Unless otherwise agreed by the Administrative Agent, no more than 10 Eurocurrency Borrowings may be outstanding at any one time be more than a total of sixteen Eurodollar Borrowings outstanding. Within under the limits of each Lender’s Commitment, any Borrower may make more than one Borrowing on any Business DayGlobal Revolving Facility. (d) Notwithstanding any other provision of this Agreement, a Borrower shall not be entitled to request, or to elect to convert a Borrowing to or continue a Borrowing ascontinue, a Eurodollar any Borrowing if the Interest Period requested with respect thereto would end after the Domestic Revolving Maturity Date, Global Revolving Maturity Date, Term Loan Maturity Date or Incremental Term Loan Maturity Date, as applicable.

Appears in 2 contracts

Samples: Credit Agreement (SPX Corp), Credit Agreement (SPX Corp)

Loans and Borrowings. (a) Each Loan (other than a --------------------- Swingline Loan) shall be made as part of a Borrowing consisting of Loans of the same Class and Type made by the Lenders ratably in accordance with their respective Commitments, as Commitments of the applicable Borrower may request (subject to Section 2.12) in accordance herewithClass. The failure of any Lender to make any Loan required to be made by it shall not relieve any other Lender of its obligations hereunder; provided that the Commitments of the Lenders are -------- several and no Lender shall be responsible for any other Lender’s 's failure to make Loans as required. (b) Subject to Section 2.122.14, each Revolving Borrowing and Term Borrowing shall be comprised entirely of ABR Loans or Eurodollar Loans as the Company, on its own behalf or on behalf of the applicable Pipeline Company Borrower, Borrower may request in accordance herewith. Each Swingline Loan shall be an ABR Loan. Each Lender at its option may make or hold any Eurodollar Loan by causing any domestic or foreign branch or Affiliate of such Lender to make or hold such Loan; provided that any exercise of such option shall not affect the obligation of a the -------- Borrower to repay such Loan in accordance with the terms of this Agreement. (c) At the commencement of each Interest Period for any Eurodollar Borrowing, such Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000 and not less than $20,000,0001,000,000. At the time that each ABR Revolving Borrowing is made, such Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000 500,000 and not less than $5,000,0001,000,000; provided that an ABR Revolving Borrowing -------- may be in an aggregate amount that is equal to the entire unused balance of the total Revolving Commitments or that is required to finance the reimbursement of an LC Disbursement as contemplated by Section 2.04(e2.05(e). Each Swingline Loan shall be in an amount that is an integral multiple of $100,000 and not less than $500,000. Borrowings of more than one Type and Class may be outstanding at the same time; provided that there shall not at any time be more than a total of sixteen ten -------- Eurodollar Borrowings outstanding. Within the limits of each Lender’s Commitment, any Borrower may make more than one Borrowing on any Business Day. (d) Notwithstanding any other provision of this Agreement, a the Borrower shall not be entitled to request, or to elect to convert a Borrowing to or continue a Borrowing ascontinue, a Eurodollar any Borrowing if the Interest Period requested with respect thereto would end after the Revolving Maturity Date or Term Maturity Date, as applicable.

Appears in 2 contracts

Samples: Credit Agreement (Eagle Family Foods Inc), Credit Agreement (Eagle Family Foods Inc)

Loans and Borrowings. (a) Each Loan (other than a Swingline Loan) shall be made as part of a Borrowing consisting of Loans of the same Class and Type made by the Lenders ratably in accordance with their respective Commitments, as Commitments of the applicable Borrower may request (subject to Section 2.12) in accordance herewithClass. The failure of any Lender to make any Loan required to be made by it shall not relieve any other Lender of its obligations hereunder; provided that the Commitments of the Lenders are several and no Lender shall be responsible for any other Lender’s 's failure to make Loans as required. (b) Subject to Section 2.122.14, each Revolving Borrowing and Term Borrowing shall be comprised entirely of ABR Loans or Eurodollar Loans as the Company, on its own behalf or on behalf of the applicable Pipeline Company Borrower, Borrower may request in accordance herewith. Each Lender at its option may make or hold any Eurodollar Swingline Loan by causing any domestic or foreign branch or Affiliate of such Lender to make or hold such shall be an ABR Loan; provided that any exercise of such option shall not affect the obligation of a Borrower to repay such Loan in accordance with the terms of this Agreement. (c) At the commencement of each Interest Period for any Eurodollar Borrowing, such Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000 and not less than $20,000,0005,000,000. At the time that each ABR Revolving Borrowing is made, such Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000 and not less than $5,000,000; provided that an ABR Revolving Borrowing may be in an aggregate amount that is equal to the entire unused balance of the total Revolving Commitments or that is required to finance the reimbursement of an LC Disbursement as contemplated by Section 2.04(e2.05(e). Each Swingline Loan shall be in an amount that is an integral multiple of $1,000,000. Borrowings of more than one Type and Class may be outstanding at the same time; provided that there shall not at any time be more than a total of sixteen 20 Eurodollar Borrowings outstanding. Within the limits of each Lender’s Commitment, any Borrower may make more than one Borrowing on any Business Day. (d) Notwithstanding any other provision of this Agreement, a the Borrower shall not be entitled to request, or to elect to convert a Borrowing to or continue a Borrowing ascontinue, a Eurodollar any Borrowing if the Interest Period requested with respect thereto would end after the Revolving Maturity Date, Tranche A Maturity Date or Tranche B Maturity Date, as applicable.

Appears in 2 contracts

Samples: Credit Agreement (Dex Media West LLC), Credit Agreement (Dex Media Inc)

Loans and Borrowings. (a) Each Loan shall be made as part of a Borrowing consisting of Loans of the same Type made by the Lenders ratably in accordance with their respective Commitments, as the applicable Borrower may request (subject to Section 2.12) in accordance herewith. The failure of any Lender to make any Loan required to be made by it shall not relieve any other Lender of its obligations hereunder; provided provided, that the Commitments of the Lenders are several and no Lender shall be responsible for any other Lender’s failure to make Loans as required. (b) Subject to Section 2.122.14, each Borrowing shall be comprised entirely of ABR Loans or Eurodollar Loans as the Company, on its own behalf or on behalf of the applicable Pipeline Company Borrower, Borrower may request in accordance herewith. Each Lender at its option may make or hold any Eurodollar Loan by causing any domestic or foreign branch or Affiliate of such Lender to make or hold such LoanLoan (and in the case of an Affiliate, the provisions of Sections 2.14, 2.15, 2.16 and 2.17 shall apply to such Affiliate to the same extent as to such Lender); provided provided, that any exercise of such option shall not affect the obligation of a the Borrower to repay such Loan in accordance with the terms of this Agreement. (c) At the commencement of each Interest Period for any Eurodollar Borrowing, such Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000 500,000 and not less than $20,000,0001 million. At the time that each ABR Borrowing is made, such Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000 100,000 and not less than $5,000,0001 million; provided provided, that an ABR Borrowing may be in an aggregate amount that is equal to the entire unused balance of the total Commitments or that is required to finance the reimbursement of an LC Disbursement as contemplated by Section 2.04(e2.06(e). Borrowings of more than one Type may be outstanding at the same time; provided provided, that there shall not at any time be more than a total of sixteen eight (8) Eurodollar Borrowings outstanding. Within the limits of each Lender’s Commitment, any Borrower may make more than one Borrowing on any Business Day. (d) Notwithstanding any other provision of this Agreement, a the Borrower shall not be entitled to request, or to elect to convert a Borrowing to or continue a Borrowing ascontinue, a Eurodollar any Borrowing if the Interest Period requested with respect thereto would end after the Maturity Date.

Appears in 2 contracts

Samples: Credit Agreement (ExlService Holdings, Inc.), Credit Agreement

Loans and Borrowings. (a) Each Loan shall be made as part of a Borrowing consisting of Loans of the same Class and Type made by the Lenders ratably in accordance with their respective Commitments, as Commitments of the applicable Borrower may request (subject to Section 2.12) in accordance herewithClass. The failure of any Lender to make any Loan required to be made by it shall not relieve any other Lender of its obligations hereunder; , provided that the Commitments of the Lenders are several and and, other than as expressly provided herein with respect to a Defaulting Lender, no Lender shall be responsible for any other Lender’s failure to make Loans as requiredrequired hereby. (b) Subject to Section 2.122.14, each Revolving Loan Borrowing denominated in dollars shall be comprised entirely of ABR Loans or Eurodollar Loans Eurocurrency Loans, in each case, as the Company, on its own behalf or on behalf of the applicable Pipeline Company Borrower, Borrower may request in accordance herewith. Each Lender at its option may make or hold any Eurodollar Loan by causing any domestic or foreign branch or Affiliate of such Lender to make or hold such Loan; provided that any exercise of such option shall not affect the obligation of a the Borrower to repay such Loan in accordance with the terms of this Agreement. (c) At the commencement of each Interest Period for any Eurodollar Eurocurrency Borrowing, such Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000 the Borrowing Multiple and not less than $20,000,000the Borrowing Minimum; provided that a Eurocurrency Borrowing that results from a continuation of an outstanding Eurocurrency Borrowing may be in an aggregate amount that is equal to such outstanding Borrowing. At the time that each ABR Borrowing is made, such Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000 the Borrowing Multiple and not less than $5,000,000; provided that an ABR the Borrowing may be in an aggregate amount that is equal to the entire unused balance of the total Commitments or that is required to finance the reimbursement of an LC Disbursement as contemplated by Section 2.04(e)Minimum. Borrowings of more than one Type and Class may be outstanding at the same time; provided that there shall not at any time be more than a total of sixteen Eurodollar twelve (12) Eurocurrency Borrowings; provided, further, that an additional three Borrowings outstanding. Within the limits in respect of each Lender’s CommitmentClass of Incremental Revolving Loans may be outstanding at the same time (or, any Borrower in the case of either of the foregoing limits, such greater number as may make more than one Borrowing on any Business Daybe reasonably acceptable to the Administrative Agent). (d) Notwithstanding any other provision of this Agreement, a Borrower shall not be entitled to request, or to elect to convert a Borrowing to or continue a Borrowing as, a Eurodollar Borrowing if the Interest Period requested with respect thereto would end after the Maturity Date.

Appears in 2 contracts

Samples: Credit Agreement (Vacasa, Inc.), Revolving Credit Agreement (Vacasa, Inc.)

Loans and Borrowings. (a) Each Revolving Loan shall be made as part of a Borrowing consisting of Revolving Loans of the same Type made by the applicable Lenders ratably in accordance with their respective Commitments, General Partnership Commitment or Working Capital Commitment (as the applicable Borrower may request (subject to Section 2.12) in accordance herewithapplicable). The failure of any Lender to make any Loan required to be made by it shall not relieve any other Lender of its obligations hereunder; provided that the Commitments of the Lenders are several and no Lender shall be responsible for any other Lender’s failure to make Loans as required. (b) Subject to Section 2.122.14, each Revolving Borrowing shall be comprised entirely of ABR Loans or Eurodollar Loans as the Company, on its own behalf or on behalf of the applicable Pipeline Company Borrower, Borrower may request in accordance herewith. Each Swingline Loan shall be an ABR Loan. Each Lender at its option may make or hold any Eurodollar Loan by causing any domestic or foreign branch or Affiliate of such Lender to make or hold such Loan; provided that any exercise of such option shall not affect the obligation of a the Borrower to repay such Loan in accordance with the terms of this Agreement. (c) At the commencement of each Interest Period for any Eurodollar Revolving Borrowing, such Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000 and not less than $20,000,0003,000,000. At the time that each ABR Revolving Borrowing is made, such Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000 500,000 and not less than $5,000,0003,000,000; provided that an ABR Revolving Borrowing may be in an aggregate amount that is equal to the entire unused balance of the total Commitments Aggregate Commitment or that is required to finance the reimbursement of an LC Disbursement as contemplated by Section 2.04(e2.06(e). Each Swingline Loan shall be in an amount that is an integral multiple of $100,000 and not less than $100,000. Borrowings of more than one Type and Class may be outstanding at the same time; provided that there shall not at any time be more than a total of sixteen eight (8) Eurodollar Revolving Borrowings outstanding. Within outstanding in the limits of each Lender’s Commitment, any Borrower may make more than one Borrowing on any Business Dayaggregate. (d) Notwithstanding any other provision of this Agreement, a the Borrower shall not be entitled to request, or to elect to convert a Borrowing to or continue a Borrowing ascontinue, a Eurodollar any Borrowing if the Interest Period requested with respect thereto would end after the Maturity Date.

Appears in 2 contracts

Samples: Credit Agreement (Inergy L P), Credit Agreement (Inergy Holdings, L.P.)

Loans and Borrowings. (a) Each Loan (other than a Swingline Loan) shall be made as part of a Borrowing consisting of Loans of the same Class and Type made by the Lenders ratably in accordance with their respective Commitments, as Commitments of the applicable Borrower may request (subject to Section 2.12) in accordance herewithClass. The failure of any Lender to make any Loan required to be made by it shall not relieve any other Lender of its obligations hereunder; , provided that the Commitments of the Lenders are several and no Lender shall be responsible for any other Lender’s failure to make Loans as required. (b) Subject to Section 2.122.14, (i) each Revolving Borrowing denominated in an Alternative Currency and each Term Borrowing of Tranche B Euro Term Loans shall be comprised entirely of Eurocurrency Loans and (ii) each Revolving Borrowing denominated in U.S. Dollars and each Term Borrowing of Tranche B Term Loans shall be comprised entirely of ABR Loans or Eurodollar Eurocurrency Loans as the Company, on its own behalf or on behalf of the applicable Pipeline Company Borrower, Borrower may request in accordance herewith. Each Swingline Loan shall be an ABR Loan. Each Lender at its option may make or hold any Eurodollar Eurocurrency Loan by causing any domestic or foreign branch or Affiliate of such Lender to make or hold such Loan; , provided that any exercise of such option shall not affect the obligation of a the Borrower to repay such Loan in accordance with the terms of this Agreement. (c) At the commencement of each Interest Period for any Eurodollar Eurocurrency Borrowing, such Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000 the Borrowing Multiple and not less than $20,000,000the Borrowing Minimum. At the time that each ABR Revolving Borrowing is made, such Borrowing shall be in an aggregate amount that is an integral multiple of the Borrowing Multiple and not less than the Borrowing Minimum. Each Swingline Loan shall be in an amount that is an integral multiple of $1,000,000 100,000 and not less than $5,000,000; 1,000,000. Borrowings of more than one Type and Class may be outstanding at the same time, provided that there shall not at any time be more than a total of twelve Eurocurrency Borrowings outstanding. Notwithstanding anything to the contrary herein, an ABR Revolving Borrowing may be in an aggregate amount that is equal to the entire unused balance of the total aggregate Global Revolving Commitments or aggregate U.S. Revolving Commitments, as the case may be, and a Swingline Loan may be in an aggregate amount that is equal to the entire unused balance of the aggregate Global Revolving Commitments or that is required to finance the reimbursement of an LC Disbursement as contemplated by Section 2.04(e2.05(e). Borrowings of more than one Type may be outstanding at the same time; provided that there shall not at any time be more than a total of sixteen Eurodollar Borrowings outstanding. Within the limits of each Lender’s Commitment, any Borrower may make more than one Borrowing on any Business Day. (d) Notwithstanding any other provision of this Agreement, a the Borrower shall not be entitled to request, or to elect to convert a Borrowing to or continue a Borrowing ascontinue, a Eurodollar any Borrowing if the Interest Period requested with respect thereto would end after the Revolving Maturity Date, the Tranche B Maturity Date or the Tranche B Euro Maturity Date, as the case may be.

Appears in 2 contracts

Samples: Credit Agreement (Burger King Holdings Inc), Credit Agreement (Burger King Holdings Inc)

Loans and Borrowings. (a) Each Loan shall be made as part of a Borrowing consisting of Loans of the same Class and Type made by the Lenders ratably in accordance with their respective Commitments, as Commitments of the applicable Borrower may request (subject to Section 2.12) in accordance herewithClass. The failure of any Lender to make any Loan required to be made by it shall not relieve any other Lender of its obligations hereunder; provided that the Commitments of the Lenders are several and no Lender shall be responsible for any other Lender’s failure to make Loans as required. (b) Subject to Section 2.122.14, each Borrowing shall be comprised entirely of ABR Loans or Eurodollar Loans as the Company, on its own behalf or on behalf of the applicable Pipeline Company Borrower, Borrower may request in accordance herewith, provided that all Borrowings made on the Effective Date must be made as ABR Borrowings but may be converted into Eurodollar Borrowings in accordance with Section 2.08. Each Lender at its option may make or hold any Eurodollar Loan by causing any domestic or foreign branch or Affiliate of such Lender to make or hold such LoanLoan (and in the case of an Affiliate, the provisions of Sections 2.14, 2.15, 2.16 and 2.17 shall apply to such Affiliate to the same extent as to such Lender); provided that any exercise of such option shall not affect the obligation of a the Borrower to repay such Loan in accordance with the terms of this Agreement. (c) At the commencement of each Interest Period for any Eurodollar Borrowing, such Borrowing shall be in an aggregate amount that is an integral multiple multiples of $1,000,000 100,000 and not less than $20,000,0001,000,000. At the time that each ABR Borrowing is made, such Borrowing Borrowings shall be in an aggregate amount that is an not less than $100,000 and integral multiple of $1,000,000 and not less than $5,000,000; provided that an ABR Borrowing may be in an aggregate amount that is equal to the entire unused balance of the total Commitments or that is required to finance the reimbursement of an LC Disbursement as contemplated by Section 2.04(e)100,000. Borrowings of more than one Type and Class may be outstanding at the same time; provided that there shall not at any time be more than a total of sixteen eight (8) Eurodollar Borrowings outstanding. Within the limits of each Lender’s Commitment, any Borrower may make more than one Borrowing on any Business Day. (d) Notwithstanding any other provision of this Agreement, a the Borrower shall not be entitled to request, or to elect to convert a Borrowing to or continue a Borrowing ascontinue, a Eurodollar any Borrowing if the Interest Period requested with respect thereto would end after the Maturity DateDate applicable to the relevant Loans.

Appears in 2 contracts

Samples: Term Loan Credit Agreement (Global Brass & Copper Holdings, Inc.), Term Loan Credit Agreement (Global Brass & Copper Holdings, Inc.)

Loans and Borrowings. (a) Each Revolving Loan shall be made as part of a Borrowing consisting of Revolving Loans of the same Type made by the Lenders ratably in accordance with their respective Commitments, as . Each Term Loan shall be part of a Borrowing consisting of Term Loans made by the applicable Borrower may request (subject to Section 2.12) Lenders ratably in accordance herewithwith their respective Commitments. Each Competitive Loan shall be made in accordance with the procedures set forth in Section 2.06. The failure of any Lender to make any Loan required to be made by it shall not relieve any other Lender of its obligations hereunder; provided that the Commitments and Competitive Bids of the Lenders are several and no Lender shall be responsible for any other Lender’s failure to make Loans as required. (b) Subject to Section 2.122.14, (i) each Revolving Borrowing or Term Borrowing, as applicable, shall be comprised entirely of ABR Loans or Eurodollar LIBOR Loans as the CompanyBorrower may request in accordance herewith, on its own behalf and (ii) each Competitive Borrowing shall be comprised entirely of LIBOR Loans or on behalf of Fixed Rate Loans as the applicable Pipeline Company Borrower, Borrower may request in accordance herewith. Each Lender at its option may make or hold any Eurodollar LIBOR Loan by causing any domestic or foreign branch or Affiliate of such Lender to make or hold such Loan; provided that any exercise of such option shall not affect the obligation of a the Borrower to repay such Loan in accordance with the terms of this AgreementAgreement and shall not cause the Borrower to incur as of the date of the exercise of such option any greater liability than it shall then have under Sections 2.15 and 2.17. (c) At the commencement of each Interest Period for any Eurodollar LIBOR Revolving Borrowing or LIBOR Term Borrowing, such Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000 5,000,000 and not less than $20,000,00010,000,000. At the time that each ABR Revolving Borrowing or ABR Term Borrowing is made, such Borrowing shall be in an aggregate amount that is an integral multiple of $5,000,000 and not less than $10,000,000; provided that an ABR Revolving Borrowing may be in an aggregate amount that is equal to the entire unused balance of the total Commitments. Each Competitive Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000 and not less than $5,000,000; provided that an ABR Borrowing may be in an aggregate amount that is equal to the entire unused balance of the total Commitments or that is required to finance the reimbursement of an LC Disbursement as contemplated by Section 2.04(e). Borrowings of more than one Type and Class may be outstanding at the same time; provided that there shall not at any time be more than a total of sixteen Eurodollar 10 LIBOR Revolving Borrowings or 10 LIBOR Term Borrowings outstanding. Within the limits of each Lender’s Commitment, any Borrower may make more than one Borrowing on any Business Day. (d) Notwithstanding any other provision of this Agreement, a the Borrower shall not be entitled to request, or to elect to convert a Borrowing to or continue a Borrowing ascontinue, a Eurodollar any Borrowing if the Interest Period requested with respect thereto would end after the Termination Date (if such Interest Period commences prior thereto) or the Maturity Date (if such Interest Period commences on or after the Termination Date).

Appears in 2 contracts

Samples: 364 Day Credit Agreement (McGraw-Hill Companies Inc), 364 Day Credit Agreement (McGraw-Hill Companies Inc)

Loans and Borrowings. (a) Each Revolving Loan shall be made as part of a Borrowing consisting of Revolving Loans of the same Type made by the Lenders ratably in accordance with their respective Revolving Commitments, . Each Term Loan shall be made as part of a Borrowing consisting of Term Loans made by the applicable Borrower may request (subject to Section 2.12) Term Loan Lenders ratably in accordance herewithwith their respective Term Loan Commitments. The failure of any Lender to make any Loan required to be made by it shall not relieve any other Lender of its obligations hereunder; provided that the Commitments of the Lenders are several and no Lender shall be responsible for any other Lender’s failure to make Loans as required. (b) Subject to Section 2.122.14, each Borrowing of any Class shall be comprised entirely of ABR Loans, Eurodollar Loans or Eurodollar LIBOR Daily Loans as the Company, on its own behalf or on behalf of the applicable Pipeline Company Borrower, Borrower may request in accordance herewith. Each Lender at its option may make or hold any Eurodollar Loan by causing any domestic or foreign branch or Affiliate of such Lender to make or hold such Loan; provided that any exercise of such option shall not affect the obligation of a the Borrower to repay such Loan in accordance with the terms of this Agreement. (c) At the commencement of each Interest Period for any Eurodollar Revolving Borrowing, such Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000 and not less than $20,000,0001,000,000. At the time that each ABR Revolving Borrowing or LIBOR Daily Revolving Borrowing is made, such Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000 100,000 and not less than $5,000,0001,000,000; provided that an ABR Revolving Borrowing or LIBOR Daily Revolving Borrowing may be in an aggregate amount that is equal to the entire unused balance of the total Commitments or that is required to finance the reimbursement of an LC Disbursement as contemplated by Section 2.04(e2.06(e). At the commencement of each Interest Period for any Eurodollar Term Borrowing, such Borrowing shall be in an aggregate amount that is an integral multiple of $5,000,000 and not less than $10,000,000. At the time that each ABR Term Borrowing is made, such Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000 and not less than $5,000,000; provided that an ABR Term Loan Borrowing may be in an aggregate amount that is equal to the entire unused balance of the total Term Loan Commitments. Borrowings of more than one Type and Class may be outstanding at the same time; provided that there shall not at any time be more than a total of sixteen twelve (12) Eurodollar Revolving Borrowings or six (6) Eurodollar Term Borrowings outstanding. Within the limits of each Lender’s Commitment, any Borrower may make more than one Borrowing on any Business Day. (d) Notwithstanding any other provision of this Agreement, a the Borrower shall not be entitled to request, or to elect to convert a Borrowing to or continue a Borrowing ascontinue, a Eurodollar any Borrowing if the Interest Period requested with respect thereto would end after the applicable Maturity Date.

Appears in 2 contracts

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

Loans and Borrowings. (a) Each Revolving Loan shall be made as part of a Borrowing consisting of Revolving Loans of the same Type made by the Revolving Lenders ratably in accordance with their respective Revolving Loan Commitments, . Each Term Loan shall be made as part of a Borrowing consisting of Term Loans made by the applicable Borrower may request (subject to Section 2.12) Term Lenders ratably in accordance herewithwith their respective Term Loan Commitments with respect to such Term Loan. The failure of any Lender to make any Loan required to be made by it shall not relieve any other Lender of its obligations hereunder; provided that the Commitments of the Lenders are several and no Lender shall be responsible for any other Lender’s failure to make Loans as requiredrequired (except as a result of a reallocation of a Defaulting Lender’s Revolving Proportionate Share of the Effective Amount of L/C Obligations and Swing Line Loans pursuant to Section 2.20(d)). (b) Subject to Section 2.122.11, each Borrowing shall be comprised entirely of ABR Loans or Eurodollar Loans as the Company, on its own behalf or on behalf of the applicable Pipeline Company Borrower, Borrowers may request in accordance herewith. Each Lender at its option may make or hold any Eurodollar Loan by causing any domestic or foreign branch or Affiliate of such Lender to make or hold such Loan; , provided that any exercise of such option shall not affect the obligation of a Borrower the Borrowers to repay such Loan in accordance with the terms of this Agreement. (c) At the commencement of each Interest Period for any Eurodollar Borrowing, such Loan shall be in an aggregate amount that is an integral multiple of, and not less than, $1,000,000. At the time that each ABR Borrowing is made, such Loan shall be in an aggregate amount that is an integral multiple of $1,000,000 100,000 and not less than $20,000,000. At the time that each ABR Borrowing is made, such Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000 and not less than $5,000,000500,000; provided that an ABR Revolving Loan Borrowing may be in an aggregate amount that is equal to the entire unused balance of the total Commitments or that is required to finance the reimbursement of an LC Disbursement as contemplated by Section 2.04(e)Unused Commitment. Borrowings of more than one Type and Class may be outstanding at the same time; provided that there shall not at any time be more than a total of sixteen ten Eurodollar Borrowings outstanding. Within the limits of each Lender’s Commitment, any Borrower may make more than one Borrowing on any Business Day. (d) Notwithstanding any other provision of this Agreement, a Borrower (i) the Borrowers shall not be entitled to request, or to elect to convert a or continue, any Revolving Loan Borrowing if the Interest Period requested with respect thereto would end after the Maturity Date and (ii) the Borrowers shall not be entitled to elect to convert or continue a Borrowing as, a Eurodollar any Term Loan Borrowing if the Interest Period requested with respect thereto would end after the Maturity Date.

Appears in 2 contracts

Samples: Credit Agreement (Oaktree Capital Group, LLC), Credit Agreement (Oaktree Capital Group, LLC)

Loans and Borrowings. (a) Each Revolving Loan shall be made as part of a Borrowing consisting of Revolving Loans of the same Type made by the Lenders ratably in accordance with their respective Commitments, as the applicable Borrower may request (subject to Section 2.12) . Each Competitive Loan shall be made in accordance herewithwith the procedures set forth in Section 2.06. The failure of any Lender to make any Loan required to be made by it shall not relieve any other Lender of its obligations hereunder; provided that the Commitments and Competitive Bids of the Lenders are several and no Lender shall be responsible for any other Lender’s 's failure to make Loans as required. (b) Subject to Section 2.122.14, (i) each Revolving Borrowing shall be comprised entirely of ABR Loans or Eurodollar Loans as the CompanyBorrower may request in accordance herewith, on its own behalf and (ii) each Competitive Borrowing shall be comprised entirely of Eurodollar Loans or on behalf of Fixed Rate Loans as the applicable Pipeline Company Borrower, Borrower may request in accordance herewith. Each Lender at its option may make or hold any Eurodollar Loan by causing any domestic or foreign branch or Affiliate of such Lender to make or hold such Loan; provided PROVIDED that any exercise of such option shall not affect the obligation of a the Borrower to repay such Loan in accordance with the terms of this Agreement. (c) At the commencement of each Interest Period for any Eurodollar Revolving Borrowing, such Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000 and not less than $20,000,0005,000,000. At the time that each ABR Revolving Borrowing is made, such Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000 and not less than $5,000,000; provided PROVIDED that an ABR Revolving Borrowing may be in an aggregate amount that is equal to the entire unused balance of the total Commitments or Commitments. Each Competitive Borrowing shall be in an aggregate amount that is required to finance the reimbursement an integral multiple of an LC Disbursement as contemplated by Section 2.04(e)$1,000,000 and not less than $5,000,000. Borrowings of more than one Type and Class may be outstanding at the same time; provided PROVIDED that there shall not at any time be more than a total of sixteen ten (10) Eurodollar Revolving Borrowings outstanding. Within the limits of each Lender’s Commitment, any Borrower may make more than one Borrowing on any Business Day. (d) Notwithstanding any other provision of this Agreement, a the Borrower shall not be entitled to request, or to elect to convert a Borrowing to or continue a Borrowing ascontinue, a Eurodollar any Borrowing if the Interest Period requested with respect thereto would end after the Maturity Revolving Credit Termination Date.

Appears in 2 contracts

Samples: Credit Agreement (Waddell & Reed Financial Inc), Credit Agreement (Waddell & Reed Financial Inc)

Loans and Borrowings. (a) Each Loan shall be made as part of a Borrowing consisting of Loans of the same Type made by the Lenders ratably in accordance with their respective CommitmentsCommitments (or, as in the applicable Borrower may request (subject to Section 2.12) case of Swingline Loans, in accordance herewithwith their respective Swingline Commitments). The failure of any Lender to make any Loan required to be made by it shall not relieve any other Lender of its obligations hereunder; provided that the Commitments of the Lenders are several and no Lender shall be responsible for any other Lender’s failure to make Loans as required. (b) Subject to Section 2.122.14, each Borrowing (other than a Swingline Borrowing) shall be comprised entirely of ABR Loans or Eurodollar Eurocurrency Revolving Loans as the Company, on its own behalf or on behalf of the applicable Pipeline Company Borrower, Borrower may request in accordance herewith. Each Swingline Borrowing shall be an ABR Borrowing. Each Lender at its option may make any ABR Loan or hold any Eurodollar Eurocurrency Revolving Loan by causing any domestic or foreign branch or Affiliate of such Lender to make or hold such Loan; provided that any exercise of such option shall not affect the obligation of a the Borrower Parties to repay such Loan in accordance with the terms of this AgreementAgreement and such Lender shall not be entitled to any amounts payable under Section 2.15 or 2.17 solely in respect of increased costs resulting from such exercise and existing at the time of such exercise. (c) At the commencement of each Interest Period for any Eurodollar Eurocurrency Revolving Facility Borrowing, such Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000 the Borrowing Multiple and not less than $20,000,000the Borrowing Minimum. At the time that each ABR Revolving Facility Borrowing is made, such Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000 the Borrowing Multiple and not less than $5,000,000the Borrowing Minimum; provided that an ABR Revolving Facility Borrowing may be in an aggregate amount that is equal to the entire unused available balance of the total Revolving Facility Commitments or that is required to finance the reimbursement of an LC L/C Disbursement as contemplated by Section 2.04(e2.05(e). Each Swingline Borrowing shall be in an amount that is an integral multiple of the Borrowing Multiple and not less than the Borrowing Minimum. Borrowings of more than one Type may be outstanding at the same time; provided that there shall not at any time be more than a total of sixteen Eurodollar six Eurocurrency Borrowings outstanding. Within the limits of each Lender’s Commitment, any Borrower may make more than one Borrowing on any Business Day. (d) Notwithstanding any other provision of this Agreement, a neither the Borrower nor any Co-Borrower shall not be entitled to request, or to elect to convert a Borrowing to or continue a Borrowing ascontinue, a Eurodollar any Borrowing if the Interest Period requested with respect thereto would end after the Maturity Date.

Appears in 2 contracts

Samples: Credit Agreement (Smart & Final Stores, Inc.), Revolving Credit Agreement (Smart & Final Stores, Inc.)

Loans and Borrowings. (a) Each Revolving Loan shall be made as part of a Borrowing consisting of Revolving Loans of the same Type made by the Lenders ratably in accordance with their respective Revolving Commitments, as the applicable Borrower may request (subject to Section 2.12) in accordance herewith. The failure of any Lender to make any Revolving Loan required to be made by it shall not relieve any other Lender of its obligations hereunder; provided that the Revolving Commitments of the Lenders are several and no Lender shall be responsible for any other Lender’s failure to make Revolving Loans as required. (b) Subject to Section 2.122.13, each Revolving Borrowing shall be comprised entirely of ABR Loans or Eurodollar Loans as the Company, on its own behalf or on behalf of the applicable Pipeline Company Borrower, Borrower may request in accordance herewith. Each Swingline Loan shall be an ABR Loan. Each Lender at its option may make or hold any Eurodollar Loan by causing any domestic or foreign branch or Affiliate of such Lender to make or hold such Loan; provided that any exercise of such option shall not affect the obligation of a the Borrower to repay such Loan in accordance with the terms of this Agreement. (c) At the commencement of each Interest Period for any Eurodollar Borrowing, such Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000 and not less than $20,000,0005,000,000. At the time that each ABR Revolving Borrowing is made, such Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000 500,000 and not less than $5,000,000; provided that (i) an ABR Revolving Borrowing may be in an aggregate amount that is equal to the entire unused balance of the total Revolving Commitments or and (ii) an ABR Revolving Borrowing may be in an aggregate amount that is equal to the amount that is required to finance the reimbursement of an LC Disbursement as contemplated by Section 2.04(e2.05(e). Each Swingline Loan shall be in an amount that is an integral multiple of $100,000 and not less than $200,000. Borrowings of more than one Type may be outstanding at the same time; provided that there shall not at any time be more than a total of sixteen 8 Eurodollar Borrowings outstanding. Within the limits of each Lender’s Commitment, any Borrower may make more than one Borrowing on any Business Day. (d) Notwithstanding any other provision of this Agreement, a the Borrower shall not be entitled to request, or to elect to convert a Borrowing to or continue a Borrowing ascontinue, a Eurodollar any Borrowing if the Interest Period requested with respect thereto would end after the Revolving Maturity Date.

Appears in 2 contracts

Samples: Credit Agreement (Advance Auto Parts Inc), Credit Agreement (Advance Auto Parts Inc)

Loans and Borrowings. (a) Each Revolving Credit Loan shall be made as part of a Borrowing consisting of Revolving Credit Loans of the same Type made by the Lenders ratably in accordance with their respective Commitments, as the applicable Borrower may request (subject to Section 2.12) . Each Swingline Loan shall be made in accordance herewithwith the procedures set forth in Section 2.04. The failure of any Lender to make any Loan required to be made by it shall not relieve any other Lender of its obligations hereunder; provided that the Commitments of the Lenders are several and no Lender shall be responsible for any other Lender’s failure to make Loans as required. (b) Subject to Section 2.122.13, each Borrowing shall be comprised entirely of ABR Loans or Eurodollar Loans as the Company, on its own behalf or on behalf of the applicable Pipeline Company Borrower, Borrower may request in accordance herewith. Each Swingline Loan shall be an ABR Loan. Each Lender at its option may make or hold any Eurodollar Loan by causing any domestic or foreign branch or Affiliate of such Lender to make or hold such Loan; provided that any exercise of such option shall not affect the obligation of a the Borrower to repay such Loan in accordance with the terms of this Agreement. (c) At the commencement of each Interest Period for any Eurodollar Borrowing, such Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000 500,000 and not less than $20,000,0005,000,000. At the time that each ABR Revolving Borrowing is made, such Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000 250,000 and not less than $5,000,0001,000,000; provided that an ABR Borrowing may be in an aggregate amount that is equal to the entire unused balance of the total Aggregate Commitments or that is required to finance the reimbursement of an LC Disbursement as contemplated by Section 2.04(e2.05(e). Each Swingline Loan shall be in an amount that is an integral multiple of $250,000 and not less than $1,000,000, provided that a Swingline Loan may be in an amount that is required to finance the reimbursement of an LC Disbursement as contemplated by Section 2.05(e). Borrowings of more than one Type and Class may be outstanding at the same time; provided that there shall not at any time be more than a total of sixteen 15 Eurodollar Borrowings outstanding. Within the limits of each Lender’s Commitment, any Borrower may make more than one Borrowing on any Business Day. (d) Notwithstanding any other provision of this Agreement, a the Borrower shall not be entitled to request, or to elect to convert a Borrowing to or continue a Borrowing ascontinue, a any Eurodollar Borrowing if the Interest Period requested with respect thereto would end after the Maturity Date.

Appears in 2 contracts

Samples: Credit Agreement (Marathon Petroleum Corp), Credit Agreement (MPLX Lp)

Loans and Borrowings. (a) Each Revolving Loan shall be made as part of a Borrowing consisting of Revolving Loans of the same Type made by the Lenders ratably in accordance with their respective Commitments, as the applicable Borrower may request (subject to Section 2.12) in accordance herewithApplicable Percentages. The failure of any Lender to make any Loan required to be made by it shall not relieve any other Lender of its obligations hereunder; provided that the Commitments of the Lenders are several and no Lender shall be responsible for any other Lender’s failure to make Loans as required. Any Swingline Loan shall be made in accordance with the procedures set forth in Section 2.4. (b) Subject to Section 2.122.13 and Section 2.14(c), (i) each Revolving Borrowing shall be comprised entirely of ABR Loans or Eurodollar Eurocurrency Loans as the CompanyLead Borrower may request in accordance herewith and (ii) each Swingline Loan shall be comprised entirely of ABR Loans. Eurocurrency Revolving Loans may be denominated in dollars or in any Alternative Currency, on its own behalf or on behalf of as the applicable Pipeline Company Borrower, Lead Borrower may request in accordance herewith. Each ABR Loans shall be denominated only in dollars. Subject to Section 2.14(c), each Lender at its option may make or hold any Eurodollar Loan by causing any domestic or foreign branch or Affiliate of such Lender to make or hold such Loan; provided that any exercise of such option shall not affect the obligation of a Borrower the Borrowers to repay such Loan in accordance with the terms of this Agreement. (c) At the commencement of each Interest Period for any Eurodollar Eurocurrency Borrowing, such Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000 and not less than $20,000,0005,000,000. At the time that each ABR Borrowing is made, such Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000 and not less than $5,000,000; provided that an ABR Borrowing may be in an aggregate amount that is equal to the entire unused balance of the total Commitments or the amount that is required to finance the reimbursement of an LC Disbursement as contemplated by Section 2.04(e2.5(e), as the case may be. Borrowings of more than one Type and Class may be outstanding at the same time; provided that there shall not at any time be more than a total of sixteen Eurodollar ten Eurocurrency Borrowings outstanding. Within the limits of each Lender’s Commitment, any Borrower may make more than one Borrowing on any Business Day. (d) Notwithstanding any other provision of this Agreement, a no Borrower shall not be entitled to request, or to elect to convert a Borrowing to or continue a Borrowing ascontinue, a Eurodollar any Borrowing if the Interest Period requested with respect thereto would end after the Maturity Date.

Appears in 2 contracts

Samples: Revolving Credit Agreement (CF Industries Holdings, Inc.), Revolving Credit Agreement (CF Industries Holdings, Inc.)

Loans and Borrowings. (a) Each Revolving Loan shall be made as part of a Borrowing consisting of Revolving Loans of the same Type made by the Lenders ratably in accordance with their respective Commitments, as the applicable Borrower may request (subject to Section 2.12) in accordance herewithApplicable Percentages. The failure of any Revolving Lender to make any Revolving Loan required to be made by it shall not relieve any other Revolving Lender of its obligations hereunder; provided that the Revolving Commitments of the Revolving Lenders are several and no Revolving Lender shall be responsible for any other Revolving Lender’s failure to make Revolving Loans as required. (b) Subject to Section 2.122.11, each Borrowing of Revolving Loans or Term Loans shall be comprised entirely of ABR Loans or Eurodollar Loans as the Company, on its own behalf or on behalf of the applicable Pipeline Company Borrower, Borrower may request in accordance herewith. Each Lender at its option may make or hold any Eurodollar Loan by causing any domestic or foreign branch or Affiliate of such Lender to make or hold such Loan; provided that any exercise of such option shall not affect the obligation of a the Borrower to repay such Loan in accordance with the terms of this Agreement. (c) At the commencement of each Interest Period for any Eurodollar BorrowingBorrowing of Revolving Loans, such Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000 and not less than $20,000,0005,000,000. At the time that each ABR Borrowing of Revolving Loans is made, such Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000 and not less than $5,000,000; provided that an ABR Borrowing of Revolving Loans may be in an aggregate amount that is equal to the entire unused balance of the total Commitments or that is required to finance the reimbursement of an LC Disbursement as contemplated by Section 2.04(e). Revolving Commitments. (d) Borrowings of more than one Type may be outstanding at the same time; provided that there shall not at any time be more than a total of sixteen ten Eurodollar Borrowings outstanding. Within the limits of each Lender’s Commitment, any Borrower may make more than one Borrowing on any Business Day. (de) Notwithstanding any other provision of this Agreement, a the Borrower shall not be entitled to request, or to elect to convert a Borrowing to or continue a Borrowing ascontinue, a Eurodollar any Borrowing if the Interest Period requested with respect thereto would end after the Revolving Maturity DateDate (with respect to any Revolving Borrowing) or the Term Maturity Date (with respect to any Term Borrowing).

Appears in 2 contracts

Samples: Revolving Credit Agreement and Incremental Agreement (Palantir Technologies Inc.), Revolving Credit Agreement (Palantir Technologies Inc.)

Loans and Borrowings. (a) Each Revolving Loan shall be made as part of a Borrowing consisting of Revolving Loans of the same Type made by the Lenders ratably in accordance with their respective Commitments, as the applicable Borrower may request (subject to Section 2.12) in accordance herewith. The failure of any Lender to make any Loan required to be made by it shall not relieve any other Lender of its obligations hereunder; provided that the Commitments of the Lenders are several and no Lender shall be responsible for any other Lender’s failure to make Loans as required. (b) Subject to Section 2.122.14, each Revolving Borrowing shall be comprised entirely of ABR Loans or Eurodollar Eurocurrency Loans as the Company, on its own behalf or on behalf of the applicable Pipeline Company Borrower, relevant Borrower may request in accordance herewith; provided that each ABR Loan shall only be made in Dollars. Each Swingline Loan shall be an ABR Loan. Each Lender at its option may make or hold any Eurodollar Eurocurrency Loan by causing any domestic or foreign branch or Affiliate of such Lender to make or hold such Loan; provided that any exercise of such option shall not affect the obligation of a the relevant Borrower to repay such Loan in accordance with the terms of this Agreement. (c) At the commencement of each Interest Period for any Eurodollar Eurocurrency Revolving Borrowing, such Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000 250,000 and not less than $20,000,0002,500,000 (or the Approximate Equivalent Amount of each such amount if such Borrowing is denominated in a Foreign Currency). At the time that each ABR Revolving Borrowing is made, such Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000 250,000 and not less than $5,000,0002,500,000; provided that an ABR Revolving Borrowing may be in an aggregate amount that is equal to the entire unused balance of the total Commitments Aggregate Commitment or that is required to finance the reimbursement of an LC Disbursement as contemplated by Section 2.04(e2.06(e). Each Swingline Loan shall be in an amount that is an integral multiple of $500,000 and not less than $1,000,000 Borrowings of more than one Type and Class may be outstanding at the same time; provided that there shall not at any time be more than a total of sixteen Eurodollar six (6) Eurocurrency Revolving Borrowings outstanding. Within the limits of each Lender’s Commitment, any Borrower may make more than one Borrowing on any Business Day. (d) Notwithstanding any other provision of this Agreement, a no Borrower shall not be entitled to request, or to elect to convert a Borrowing to or continue a Borrowing ascontinue, a Eurodollar any Borrowing if the Interest Period requested with respect thereto would end after the Maturity Date.

Appears in 1 contract

Samples: Credit Agreement (International Rectifier Corp /De/)

AutoNDA by SimpleDocs

Loans and Borrowings. (a) Each Loan (other than a Swingline Loan) shall be made as part of a Borrowing consisting of Loans of the same Class and Type made by the Lenders ratably in accordance with their respective Commitments, as Commitments of the applicable Borrower may request (subject to Section 2.12) in accordance herewithClass. The failure of any Lender to make any Loan required to be made by it shall not relieve any other Lender of its obligations hereunder; provided PROVIDED that the Commitments of the Lenders are several and no Lender shall be responsible for any other Lender’s 's failure to make Loans as required. (b) Subject to Section 2.122.14, each Revolving Borrowing and Term Borrowing shall be comprised entirely of ABR Loans or Eurodollar Loans as the Company, on its own behalf or on behalf of the applicable Pipeline Company Borrower, Borrower may request in accordance herewith. Each Swingline Loan shall be an ABR Loan. Each Lender at its option may make or hold any Eurodollar Loan by causing any domestic or foreign branch or Affiliate of such Lender to make or hold such Loan; provided PROVIDED that any exercise of such option shall not affect the obligation of a the Borrower to repay such Loan in accordance with the terms of this Agreement. (c) At the commencement of each Interest Period for any Eurodollar Borrowing, such Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000 500,000 and not less than $20,000,0002,000,000. At the time that each ABR Revolving Borrowing is made, such Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000 500,000 and not less than $5,000,0001,000,000. Each Swingline Loan shall be in an amount that is an integral multiple of $250,000 and not less than $500,000. Borrowings of more than one Type and Class may be outstanding at the same time; provided PROVIDED that there shall not at any time be more than a total of ten Eurodollar Borrowings outstanding. Notwithstanding anything to the contrary in this Section 2.02(c), an ABR Revolving Borrowing or Swingline Loan may be in an aggregate amount that is (i) equal to the entire unused balance of the total Revolving Commitments or that is (ii) required to finance the reimbursement of an LC Disbursement as contemplated by Section 2.04(e2.05(e). Borrowings of more than one Type may be outstanding at the same time; provided that there shall not at any time be more than a total of sixteen Eurodollar Borrowings outstanding. Within the limits of each Lender’s Commitment, any Borrower may make more than one Borrowing on any Business Day. (d) Notwithstanding any other provision of this Agreement, a the Borrower shall not be entitled to request, or to elect to convert a Borrowing to or continue a Borrowing ascontinue, a Eurodollar any Borrowing if the Interest Period requested with respect thereto would end after the Revolving Maturity Date or Term Loan Maturity Date, as applicable.

Appears in 1 contract

Samples: Credit Agreement (Interline Brands, Inc./De)

Loans and Borrowings. (a) Each Loan (other than a Swingline Loan) shall be made as part of a Borrowing consisting of Loans of the same Class and Type made by the Lenders ratably in accordance with their respective Commitments, as Commitments of the applicable Borrower may request (subject to Section 2.12) in accordance herewithClass. The failure of any Lender to make any Loan required to be made by it shall not relieve any other Lender of its obligations hereunder; provided PROVIDED that the Commitments of the Lenders are several and no Lender shall be responsible for any other Lender’s 's failure to make Loans as required. (b) Subject to Section 2.122.14, each Revolving Borrowing and Term Borrowing shall be comprised entirely of ABR Loans or Eurodollar Loans as the Company, on its own behalf or on behalf of the applicable Pipeline Company Borrower, Borrower may request in accordance herewith. Each Swingline Loan shall be an ABR Loan. Each Lender at its option may make or hold any Eurodollar Loan by causing any domestic or foreign branch or Affiliate of such Lender to make or hold such Loan; provided PROVIDED that any exercise of such option shall not affect the obligation of a the Borrower to repay such Loan in accordance with the terms of this AgreementAgreement and shall not result in any increased costs under Section 2.15 or any obligation by the Borrower to make any payment under Section 2.17 in excess of the amounts, if any, that such Lender would be entitled to claim under Section 2.15 or 2.17, as applicable, without giving effect to such change in lending office. (c) At the commencement of each Interest Period for any Eurodollar Borrowing, such Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000 and not less than $20,000,0005,000,000. At the time that each ABR Revolving Borrowing is made, such Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000 500,000 and not less than $5,000,0001,000,000; provided PROVIDED that an ABR Revolving Borrowing may be in an aggregate amount that is equal to the entire unused balance of the total Revolving Commitments or that is equal to the amount required to finance the reimbursement of an LC Disbursement as contemplated by Section 2.04(e2.05(e). Each Swingline Loan shall be in an amount that is an integral multiple of $10,000 and not less than $50,000. Borrowings of more than one Type and Class may be outstanding at the same time; provided PROVIDED that there shall not at any time be more than a total of sixteen 8 Eurodollar Borrowings outstanding. Within the limits of each Lender’s Commitment, any Borrower may make more than one Borrowing on any Business Day. (d) Notwithstanding any other provision of this Agreement, a the Borrower shall not be entitled to request, or to elect to convert a Borrowing to or continue a Borrowing ascontinue, a Eurodollar any Borrowing if the Interest Period requested with respect thereto would end after the Revolving Maturity Date or Term Loan Maturity Date, as applicable.

Appears in 1 contract

Samples: Credit Agreement (Huntsman Packaging Corp)

Loans and Borrowings. (a) Each Loan (other than a Swingline Loan) shall be made as part of a Borrowing consisting of Loans of the same Class and Type made by the Lenders ratably in accordance with their respective Commitments, as Commitments of the applicable Borrower may request (subject to Section 2.12) in accordance herewithClass. The failure of any Lender to make any Loan required to be made by it shall not relieve any other Lender of its obligations hereunder; provided that the Commitments of the Lenders are several and no Lender shall be responsible for any other Lender’s failure to make Loans as required. Any Swingline Loan shall be made in accordance with the procedures set forth in Section 2.04. (b) Subject to Section 2.122.13, each Borrowing shall be comprised entirely of ABR Base Rate Loans or Eurodollar Loans as the Company, on its own behalf or on behalf of the applicable Pipeline Company Borrower, Borrower may request in accordance herewith. Each Swingline Loan shall be a Base Rate Loan. Each Lender at its option may make or hold any Eurodollar Loan by causing any domestic or foreign branch or Affiliate of such Lender to make or hold such Loan; provided that any exercise of such option shall not affect the obligation of a the Borrower to repay such Loan in accordance with the terms of this Agreement. (c) At Each Borrowing of, conversion to or continuation of Eurodollar Loans shall be in an aggregate amount that is an integral multiple of $1,000,000 (or, if not an integral multiple, the commencement entire available amount) and not less than $5,000,000. Each Borrowing of, conversion to or continuation of each Interest Period for any Eurodollar Borrowing, such Borrowing Base Rate Loans (other than Swingline Loans which shall be subject to Section 2.04) shall be in an aggregate amount that is an integral multiple of $1,000,000 and not less than $20,000,000. At the time that each ABR Borrowing is made, such Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000 and not less than $5,000,0001,000,000; provided that an ABR Borrowing Eurodollar Revolving Loans and Base Rate Revolving Loans may be in an aggregate amount that is equal to the entire unused balance of the total Revolving Commitments under the applicable Revolving Credit Facility or that is required to finance the reimbursement of a Swingline Loan under the applicable Revolving Credit Facility pursuant to Section 2.04(c) or an LC L/C Disbursement under the applicable Revolving Credit Facility as contemplated by Section 2.04(e2.05(c). Borrowings of more than one Type and Class may be outstanding at the same time; provided that there shall not at any time be more than a total of sixteen twenty (20) Eurodollar Borrowings outstanding. Within the limits of each Lender’s Commitment, any Borrower may make more than one Borrowing on any Business Day. (d) Notwithstanding any other provision of this Agreement, a Borrower the Borrowers shall not be entitled to request, or to elect to convert a Borrowing to or continue a Borrowing ascontinue, a Eurodollar any Borrowing if the Interest Period requested (i) with respect thereto to a U.S. Revolving Borrowing would end after the U.S. Revolving Credit Maturity Date, (ii) with respect to a European Revolving Borrowing would end after the European Revolving Credit Maturity Date, (iii) with respect to a U.S. Term A Loan Borrowing would end after the U.S. Term A Loan Maturity Date, (iv) with respect to a U.S. Term A‑1 Loan Borrowing would end after the U.S. Term A‑1 Loan Maturity Date, (v) with respect to a U.S. Term A-2 Loan Borrowing would end after the U.S. Term A-2 Loan Maturity Date, (vi) with respect to a European Term A Loan Borrowing would end after the European Term A Loan Maturity Date or (vii) with respect to a European Term B Loan Borrowing would end after the European Term B Loan Maturity Date.

Appears in 1 contract

Samples: Restatement Agreement (Constellation Brands, Inc.)

Loans and Borrowings. (a) Each Loan (other than a Swingline Loan) shall be made as part of a Borrowing consisting of Loans of the same Class and Type made by the Lenders ratably in accordance with their respective Commitments, as Commitments of the applicable Borrower may request (subject to Section 2.12) in accordance herewithClass. The failure of any Lender to make any Loan required to be made by it shall not relieve any other Lender of its obligations hereunder; provided that the Commitments of the Lenders are several and no Lender shall be responsible for any other Lender’s failure to make Loans as required. Any Swingline Loan shall be made in accordance with the procedures set forth in Section 2.04. (b) Subject to Section 2.122.13, each Borrowing shall be comprised entirely of ABR Base Rate Loans or Eurodollar Loans as the Company, on its own behalf or on behalf of the applicable Pipeline Company Borrower, Borrower may request in accordance herewith. Each Swingline Loan shall be a Base Rate Loan. Each Lender at its option may make or hold any Eurodollar Loan by causing any domestic or foreign branch or Affiliate of such Lender to make or hold such Loan; provided that any exercise of such option shall not affect the obligation of a the Borrower to repay such Loan in accordance with the terms of this Agreement. (c) At Each Borrowing of, conversion to or continuation of Eurodollar Loans shall be in an aggregate amount that is an integral multiple of $1,000,000 (or, if not an integral multiple, the commencement entire available amount) and not less than $5,000,000. Each Borrowing of, conversion to or continuation of each Interest Period for any Eurodollar Borrowing, such Borrowing Base Rate Loans (other than Swingline Loans which shall be subject to Section 2.04) shall be in an aggregate amount that is an integral multiple of $1,000,000 and not less than $20,000,000. At the time that each ABR Borrowing is made, such Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000 and not less than $5,000,0001,000,000; provided that an ABR Borrowing Eurodollar Revolving Loans and Base Rate Revolving Loans may be in an aggregate amount that is equal to the entire unused balance of the total Revolving Commitments or that is required to finance the reimbursement of a Swingline Loan pursuant to Section 2.04(c) or an LC L/C Disbursement as contemplated by Section 2.04(e2.05(c). Borrowings of more than one Type and Class may be outstanding at the same time; provided that there shall not at any time be more than a total of sixteen twenty (20) Eurodollar Borrowings outstanding. Within the limits of each Lender’s Commitment, any Borrower may make more than one Borrowing on any Business Day. (d) Notwithstanding any other provision of this Agreement, a the Borrower shall not be entitled to request, or to elect to convert a Borrowing to or continue a Borrowing ascontinue, a Eurodollar any Borrowing if the Interest Period requested (i) with respect thereto to a Revolving Borrowing would end after the Revolving Credit Maturity Date, (ii) with respect to a Term A Loan Borrowing would end after the Term A Loan Maturity Date or (iii) with respect to a Term A-1 Loan Borrowing would end after the Term A-1 Loan Maturity Date.

Appears in 1 contract

Samples: Credit Agreement (Constellation Brands, Inc.)

Loans and Borrowings. (a) Each Loan shall be made as part of a Borrowing consisting of Loans of the same Class and Type made by the applicable Lenders ratably in accordance with their respective Commitments, as Commitments of the applicable Borrower may request (subject to Section 2.12) in accordance herewithClass. The failure of any Lender to make any Loan required to be made by it shall not relieve any other Lender of its obligations hereunder; provided that the Commitments of the Lenders are several and no Lender shall be responsible for any other Lender’s failure to make Loans as required. The Term Loans shall amortize as set forth in Section 2.10. (b) Subject to Section 2.122.14, each Revolving Borrowing and Term Loan Borrowing shall be comprised entirely of ABR Loans or Eurodollar Eurocurrency Loans as the Company, on its own behalf or on behalf of the applicable Pipeline Company Borrower, relevant Borrower may request in accordance herewith; provided that each ABR Loan shall only be made in Dollars. Each Lender at its option may make or hold any Eurodollar Loan by causing any domestic or foreign branch or Affiliate of such Lender to make or hold such LoanLoan (and in the case of an Affiliate, the provisions of Sections 2.14, 2.15, 2.16 and 2.17 shall apply to such Affiliate to the same extent as to such Lender); provided that any exercise of such option shall not affect the obligation of a the relevant Borrower to repay such Loan in accordance with the terms of this Agreement. (c) At the commencement of each Interest Period for any Eurodollar Eurocurrency Borrowing, such Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000 (or, if such Borrowing is denominated in a Foreign Currency, 1,000,000 units of such currency) and not less than $20,000,0001,000,000 (or, if such Borrowing is denominated in a Foreign Currency, 1,000,000 units of such currency). At the time that each ABR Borrowing is made, such Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000 500,000 and not less than $5,000,0001,000,000; provided that an ABR Revolving Borrowing may be in an aggregate amount that is equal to the entire unused balance of the total aggregate Revolving Commitments or that is required to finance the reimbursement of an LC Disbursement as contemplated by Section 2.04(e2.06(e). Borrowings of more than one Type and Class may be outstanding at the same time; provided that there shall not at any time be more than a total of sixteen Eurodollar twelve (12) Eurocurrency Borrowings outstanding. Within the limits of each Lender’s Commitment, any Borrower may make more than one Borrowing on any Business Day. (d) Notwithstanding any other provision of this Agreement, a no Borrower shall not be entitled to request, or to elect to convert a Borrowing to or continue a Borrowing ascontinue, a Eurodollar any Borrowing if the Interest Period requested with respect thereto would end after the applicable Maturity Date.

Appears in 1 contract

Samples: Credit Agreement (Brown & Brown Inc)

Loans and Borrowings. (a) Each Loan (other than a Swingline Loan) shall be made as part of a Borrowing consisting of Loans of the same Type made by the applicable Lenders ratably in accordance with their respective Commitments, as the applicable Borrower may request (subject to Section 2.12) in accordance herewith. The failure of any Lender to make any Loan required to be made by it shall not relieve any other Lender of its obligations hereunder; provided provided, that the Commitments of the Lenders are several and no Lender shall be responsible for any other Lender’s failure to make Loans as required. Any Swingline Loan shall be made in accordance with the procedures set forth in Section 2.04. (b) Subject to Section 2.122.14, each Borrowing shall be comprised entirely of ABR Base Rate Loans or Eurodollar Loans as the Company, on its own behalf or on behalf of the applicable Pipeline Company Borrower, Administrative Borrower may request in accordance herewith; provided that, unless the Administrative Borrower delivers a funding indemnity letter to the Administrative Agent at least one (1) Business Day prior to the Effective Date, all Borrowings made on the Effective Date must be made as Base Rate Borrowings but may be converted into Eurodollar Borrowings in accordance with Section 2.07. Each Swingline Loan shall be a Base Rate Loan. Each Lender at its option may make or hold any Eurodollar Loan by causing any domestic or foreign branch or Affiliate of such Lender to make or hold such LoanLoan (and in the case of an Affiliate, the provisions of Section 2.14, Section 2.15, Section 2.16 and Section 2.17 shall apply to such Affiliate to the same extent as to such Lender); provided that any exercise of such option shall not affect the obligation of a Borrower the Borrowers to repay such Loan in accordance with the terms of this Agreement. (c) At the commencement of each Interest Period for any Eurodollar Borrowing, such Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000 100,000 and not less than $20,000,000500,000. At the time that each ABR Base Rate Borrowing is made, such Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000 100,000 and not less than $5,000,000500,000; provided that an ABR a Base Rate Borrowing may be in an aggregate amount that is equal to the entire unused balance of the total aggregate Revolving Commitments or that is required to finance the reimbursement of an LC Disbursement as contemplated by Section 2.04(e2.05(f). Each Swingline Loan shall be in an amount that is an integral multiple of $100,000 and not less than $100,000. Borrowings of more than one Type may be outstanding at the same time; provided that there shall not at any time be more than a total of sixteen eight (8) Eurodollar Borrowings outstanding. Within the limits of each Lender’s Commitment, any Borrower may make more than one Borrowing on any Business Day. (d) Notwithstanding any other provision of this Agreement, a the Administrative Borrower shall not be entitled to request, or to elect to convert a Borrowing to or continue a Borrowing ascontinue, a Eurodollar any Borrowing if the Interest Period requested with respect thereto would end after the Maturity Date.

Appears in 1 contract

Samples: Credit Agreement (Stonemor Partners Lp)

Loans and Borrowings. (a) Each Term Loan shall be made as part of a Borrowing consisting of Term Loans of the same Type made by the Lenders ratably in accordance with their respective Term Commitments, as the applicable Borrower may request (subject to Section 2.12) in accordance herewith. The failure of any Lender to make any Term Loan required to be made by it shall not relieve any other Lender of its obligations hereunder; provided that the Term Commitments of the Lenders are several and no Lender shall be responsible for any other Lender’s failure to make Term Loans as required. No Term Loan shall be made on or after the Term Loan Draw Expiration Date. (b) Subject to Section 2.122.14, each Borrowing shall be comprised entirely of ABR CBFR Loans or Eurodollar Loans as the Company, on its own behalf or on behalf of the applicable Pipeline Company Borrower, Borrower may request in accordance herewith, provided that all Borrowings made on the Effective Date must be made as CBFR Borrowings but may be converted into Eurodollar Borrowings in accordance with Section 2.08. Each Lender at its option may make or hold any Eurodollar Loan by causing any domestic or foreign branch or Affiliate of such Lender to make or hold such LoanLoan (and in the case of an Affiliate, the provisions of Sections 2.14, 2.15, 2.16 and 2.17 shall apply to such Affiliate to the same extent as to such Lender); provided that any exercise of such option shall not affect the obligation of a the Borrower to repay such Loan in accordance with the terms of this Agreement. (c) At the commencement of each Interest Period for any Eurodollar Borrowing, such Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000 100,000 and not less than $20,000,000100,000. At the time that each ABR CBFR Borrowing is made, such Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000 100,000 and not less than $5,000,000100,000; provided that an ABR a CBFR Borrowing may be in an aggregate amount that is equal to the entire unused balance of the total Commitments or that is required to finance the reimbursement of an LC Disbursement as contemplated by Section 2.04(e)Term Commitments. Borrowings of more than one Type may be outstanding at the same time; provided that there shall not at any time be more than a total of sixteen eight (8) Eurodollar Borrowings outstanding. Within the limits of each Lender’s Commitment, any Borrower may make more than one Borrowing on any Business Day. (d) Notwithstanding any other provision of this Agreement, a the Borrower shall not be entitled to request, or to elect to convert a Borrowing to or continue a Borrowing ascontinue, a Eurodollar any Borrowing if the Interest Period requested with respect thereto would end after the Term Loan Maturity Date.

Appears in 1 contract

Samples: Term Credit Agreement (Paycom Software, Inc.)

Loans and Borrowings. (a) Each Loan The Loans shall be made as part of a Borrowing consisting of Loans of the same Type made by the Lenders ratably in accordance with their respective Commitments, as the applicable Borrower may request (subject to Section 2.12) in accordance herewith. The failure of any Lender to make any Loan required to be made by it shall not relieve any other Lender of its obligations hereunder; provided that the Commitments of the Lenders are several and no Lender shall be responsible for any other Lender’s failure to make Loans as required. (b) Subject to Section 2.122.14, (i) each Borrowing shall be comprised entirely of ABR Loans or Eurodollar Eurocurrency Loans as the Company, on its own behalf or on behalf of the applicable Pipeline Company Borrower, Borrower may request in accordance herewith. Each Lender at its option may make or hold any Eurodollar Eurocurrency Loan by causing any domestic or foreign branch or Affiliate of such Lender to make or hold such Loan; provided that (i) any exercise of such option shall not affect the obligation of a the Borrower to repay such Loan in accordance with the terms of this AgreementAgreement and (ii) unless the Borrower shall request that an Affiliate of a Lender make a Loan, a Lender may not recover for any increased costs under Section 2.15 or Section 2.17 incurred solely as a result of an Affiliate of such Lender, rather than such Lender, making a Loan, if, without economic disadvantage to, and consistent with the policies and practices of such Lender, such Loan could have been made in a manner that would have avoided such increased costs under Section 2.15 or Section 2.17. (c) The Borrowing requested on any Funding Date shall be in an aggregate amount that is at least equal to $100,000,000 and an integral multiple equal to the Borrowing Multiple. At the commencement of each Interest Period for any Eurodollar Borrowing, such Borrowing shall be in an aggregate amount that is at least equal to the Borrowing Minimum and an integral multiple of $1,000,000 and not less than $20,000,000. At equal to the time that each ABR Borrowing is made, such Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000 and not less than $5,000,000Multiple; provided that (i) an ABR Borrowing may be in an aggregate amount that is equal to the entire unused balance of the total Commitments or that is required to finance the reimbursement of an LC Disbursement as contemplated by Section 2.04(e)aggregate Commitments. Borrowings of more than one Type may be outstanding at the same time; provided that there shall not at any time be more than a total of sixteen Eurodollar twelve Eurocurrency Borrowings outstanding. Within the limits of each Lender’s Commitment, any Borrower may make more than one Borrowing on any Business Day. (d) Notwithstanding any other provision of this Agreement, a the Borrower shall not be entitled to request, or to elect to convert a Borrowing to or continue a Borrowing as, a Eurodollar any Borrowing if the Interest Period requested with respect thereto would end after the Maturity Date.

Appears in 1 contract

Samples: Term Loan Credit Agreement (Dun & Bradstreet Corp/Nw)

Loans and Borrowings. (a) Each Revolving Loan (other than a Swingline Loan) shall be made as part of a Borrowing consisting of Revolving Loans of the same Type made by the Lenders ratably in accordance with their respective Commitments, as the applicable Borrower may request (subject to Section 2.12) in accordance herewith. The failure of any Lender to make any Loan required to be made by it shall not relieve any other Lender of its obligations hereunder; provided that the Commitments of the Lenders are several and no Lender shall be responsible for any other Lender’s failure to make Loans as required. Any Swingline Loan shall be made in accordance with the procedures set forth in Section 2.05. (b) Subject to Section 2.122.14, each Revolving Borrowing shall be comprised entirely of ABR Loans or Eurodollar Loans as the Company, on its own behalf or on behalf of the applicable Pipeline Company Borrower, Borrower may request in accordance herewith. Each Swingline Loan shall be an ABR Loan. Each Lender at its option may make or hold any Eurodollar Loan by causing any domestic or foreign branch or Affiliate of such Lender to make or hold such LoanLoan (and in the case of an Affiliate, the provisions of Sections 2.14, 2.15, 2.16 and 2.17 shall apply to such Affiliate to the same extent as to such Lender); provided that any exercise of such option shall not affect the obligation of a the Borrower to repay such Loan in accordance with the terms of this Agreement. (c) At the commencement of each Interest Period for any Each Eurodollar Borrowing, such Revolving Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000 and not less than $20,000,000. At the time that 5,000,000 and each ABR Borrowing is made, such Revolving Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000 and not less than $5,000,000; provided that an ABR a Revolving Borrowing may be in an aggregate amount that is equal to the entire unused balance of the total Commitments Aggregate Commitment or that is required to finance the reimbursement of an LC Disbursement as contemplated by Section 2.04(e2.06(e). Each Swingline Loan shall be in an amount that is an integral multiple of $500,000 and not less than $1,000,000 (or, if less, the entire unused balance of the aggregate Commitments or the amount required to finance the reimbursement of an LC Disbursement) Borrowings of more than one Type and Class may be outstanding at the same time; provided that there shall not at any time be more than a total of sixteen ten (10) Eurodollar Borrowings outstanding. Within the limits of each Lender’s Commitment, any Borrower may make more than one Borrowing on any Business Day. (d) Notwithstanding any other provision of this Agreement, a the Borrower shall not be entitled to request, or to elect to convert a Borrowing to or continue a Borrowing ascontinue, a Eurodollar any Borrowing if the Interest Period requested with respect thereto would end after the Maturity Date.

Appears in 1 contract

Samples: Credit Agreement (Wellcare Health Plans, Inc.)

Loans and Borrowings. (a) Each Loan shall be made as part of a Borrowing consisting of Loans of the same Class and Type made by the Lenders ratably in accordance with their respective Commitments, as Commitments of the applicable Borrower may request (subject to Section 2.12) in accordance herewithClass. The failure of any Lender to make any Loan required to be made by it shall not relieve any other Lender of its obligations hereunder; provided that the Commitments of the Lenders are several and no Lender shall be responsible for any other Lender’s 's failure to make Loans as required. (b) Subject to Section 2.122.11, each Revolving Borrowing and Term Borrowing shall be comprised entirely of ABR Loans or Eurodollar Loans as the Company, on its own behalf or on behalf of the applicable Pipeline Company Borrower, Borrower may request in accordance herewith; provided that all Borrowings made on the Effective Date must be made as ABR Borrowings. Each Lender at its option may make or hold any Eurodollar Loan by causing any domestic or foreign branch or Affiliate of such Lender to make or hold such Loan; provided that any exercise of such option shall not affect the obligation of a the relevant Borrower to repay such Loan in accordance with the terms of this Agreement. (c) At the commencement of each Interest Period for any Eurodollar Borrowing, such Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000 and not less than $20,000,00010,000,000. At the time that each ABR Borrowing is made, such Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000 and not less than $5,000,000; provided provided, that an ABR Revolving Borrowing may be in an aggregate amount that is equal to the entire unused balance of the total Commitments or that is required to finance the reimbursement of an LC Disbursement as contemplated by Section 2.04(e)Revolving Commitments. Borrowings of more than one Type and Class may be outstanding at the same time; provided that there shall not at any time be more than a total of sixteen 20 Eurodollar Borrowings outstanding. Within the limits of each Lender’s Commitment, any Borrower may make more than one Borrowing on any Business Day. (d) Notwithstanding any other provision of this Agreement, a no Borrower shall not be entitled to request, or to elect to convert a Borrowing to or continue a Borrowing ascontinue, a Eurodollar any Borrowing if the Interest Period requested with respect thereto would end after the Maturity Date.

Appears in 1 contract

Samples: Term Loan and Revolving Credit Agreement (Goodyear Tire & Rubber Co /Oh/)

Loans and Borrowings. (a) Each Revolving Loan shall be -------------------- made as part of a Borrowing consisting of Revolving Loans of the same Type made by the Lenders ratably in accordance with their respective Commitments, as the applicable Borrower may request (subject to Section 2.12) . Each Competitive Loan shall be made in accordance herewithwith the procedures set forth in Section 2.04. The failure of any Lender to make any Loan required to be made by it shall not relieve any other Lender of its obligations hereunder; provided that the -------- Commitments and Competitive Bids of the Lenders are several and no Lender shall be responsible for any other Lender’s 's failure to make Loans as required. (b) Subject to Section 2.122.13, (i) each Revolving Borrowing shall be comprised entirely of ABR Loans or Eurodollar Loans as the CompanyBorrower may request in accordance herewith, on its own behalf and (ii) each Competitive Borrowing shall be comprised entirely of Eurodollar Loans or on behalf of Fixed Rate Loans as the applicable Pipeline Company Borrower, Borrower may request in accordance herewith. Each Lender at its option may make or hold any Eurodollar Loan by causing any domestic or foreign branch or Affiliate of such Lender to make or hold such Loan; provided that any exercise of such option shall not affect the obligation -------- of a the Borrower to repay such Loan in accordance with the terms of this Agreement. (c) At the commencement of each Interest Period for any Eurodollar Revolving Borrowing, such Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000 and not less than $20,000,00010,000,000. At the time that each ABR Revolving Borrowing is made, such Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000 and not less than $5,000,000; provided that an ABR Revolving Borrowing may be in an aggregate amount that is -------- equal to the entire unused balance of the total Commitments or Commitments. Each Competitive Borrowing shall be in an aggregate amount that is required to finance the reimbursement an integral multiple of an LC Disbursement as contemplated by Section 2.04(e)$1,000,000 and not less than $5,000,000. Borrowings of more than one Type and Class may be outstanding at the same time; provided that there shall not at any -------- time be more than a total of sixteen Eurodollar Borrowings 20 outstanding. Within the limits of each Lender’s Commitment, any Borrower may make more than one Borrowing on any Business Day. (d) Notwithstanding any other provision of this Agreement, a the Borrower shall not be entitled to request, or to elect to convert a Borrowing to or continue a Borrowing ascontinue, a Eurodollar any Borrowing if the Interest Period requested with respect thereto would end after the Maturity Date.

Appears in 1 contract

Samples: 364 Day Revolving Credit Agreement (CSX Corp)

Loans and Borrowings. (a) Each Loan shall be made as part of a Borrowing consisting of Loans of the same Class and Type made by the Lenders ratably in accordance with their respective Commitments, as Commitments of the applicable Borrower may request (subject to Section 2.12) in accordance herewithClass. The failure of any Lender to make any Loan required to be made by it shall not relieve any other Lender of its obligations hereunder; provided that the Commitments of the Lenders are several and no Lender shall be responsible for any other Lender’s failure to make Loans as required. (b) Subject to Section 2.122.14, each Borrowing shall be comprised entirely of ABR Loans or Eurodollar Term Benchmark Loans as the Company, on its own behalf or on behalf of the applicable Pipeline Company Borrower, Borrower may request in accordance herewith. Each Lender at its option may make or hold any Eurodollar Loan by causing any domestic or foreign branch or Affiliate of such Lender to make or hold such LoanLoan (and in the case of an Affiliate, the provisions of Sections 2.14, 2.15, 2.16 and 2.17 shall apply to such Affiliate to the same extent as to such Lender); provided that any exercise of such option shall not affect the obligation of a the Borrower to repay such Loan in accordance with the terms of this Agreement. (c) At the commencement of each Interest Period for any Eurodollar Term Benchmark Borrowing, such Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000 and not less than $20,000,000100,000. At the time that each ABR Borrowing is made, such Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000 and not less than $5,000,000100,000; provided that an ABR Borrowing may be in an aggregate amount that is equal to the entire unused balance of the total aggregate Revolving Commitments or that is required to finance the reimbursement of an LC Disbursement as contemplated by Section 2.04(e2.06(e). Borrowings of more than one Type and Class may be outstanding at the same time; provided that there shall not at any time be more than a total of sixteen Eurodollar eight (8) Term Benchmark Borrowings outstanding. Within the limits of each Lender’s Commitment, any Borrower may make more than one Borrowing on any Business Day. (d) Notwithstanding any other provision of this Agreement, a the Borrower shall not be entitled to request, or to elect to convert a Borrowing to or continue a Borrowing ascontinue, a Eurodollar any Borrowing if the Interest Period requested with respect thereto would end after the Maturity Date.

Appears in 1 contract

Samples: Credit Agreement (Potbelly Corp)

Loans and Borrowings. (a) Each Loan shall be made as part of a Borrowing consisting of Loans of the same Type made by the Lenders ratably in accordance with their respective Commitments, as the applicable Borrower may request (subject to Section 2.12) in accordance herewith. The failure of any Lender to make any Loan required to be made by it shall not relieve any other Lender of its obligations hereunder; provided that the Commitments of the Lenders are several and no Lender shall be responsible for any other Lender’s 's failure to make Loans as required. (b) Subject to Section 2.12, each Borrowing shall be comprised entirely of (A) in the case of a Borrowing denominated in US Dollars, Eurocurrency Loans or ABR Loans or Eurodollar Loans and (B) in the case of a Borrowing denominated in Canadian Dollars, Canadian Base Rate Loans, in each case as the Company, on its own behalf or on behalf of the applicable Pipeline Company Borrower, Borrower may request in accordance herewith. Each Lender at its option may make or hold any Eurodollar Loan by causing any domestic or foreign branch or Affiliate of such Lender to make or hold such Loan; provided that any exercise of such option shall not affect the obligation of a the applicable Borrower to repay such Loan in accordance with the terms of this AgreementAgreement and that such Borrower's obligation to make payments pursuant to Section 2.15 shall not increase. (c) At the commencement of each Interest Period for any Eurodollar Borrowing, such Borrowing shall be in an aggregate amount that is at least equal to the Borrowing Minimum and an integral multiple of $1,000,000 and not less than $20,000,000. At the time that each ABR Borrowing is made, such Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000 and not less than $5,000,000Multiple; provided that an ABR Borrowing or a Canadian Base Rate Borrowing may be made in an aggregate amount that is equal to the entire unused balance of the total Commitments or that is required to finance the reimbursement of an LC Disbursement as contemplated by Section 2.04(e)aggregate available Commitments. Borrowings of more than one Type may be outstanding at the same time; provided that there shall not at any time be more than a total of sixteen Eurodollar seven Eurocurrency Borrowings outstanding. Within the limits of each Lender’s Commitment, any Borrower may make more than one Borrowing on any Business Day. (d) Notwithstanding any other provision of this Agreement, a no Borrower shall not be entitled to request, or to elect to convert a Borrowing to or continue a Borrowing ascontinue, a Eurodollar any Borrowing if the Interest Period requested with respect thereto would end after the Maturity Date.

Appears in 1 contract

Samples: Credit Agreement (Molson Coors Brewing Co)

Loans and Borrowings. (a) Each Loan (other than a Swingline Loan) shall be made as part of a Borrowing consisting of Loans of the same Class and Type made by the Lenders ratably in accordance with their respective Commitments, as Commitments of the applicable Borrower may request (subject to Section 2.12) in accordance herewithClass. The failure of any Lender to make any Loan required to be made by it shall not relieve any other Lender of its obligations hereunder; provided that the Commitments of the Lenders are several and no Lender shall be responsible for any other Lender’s failure to make Loans as required. Any Swingline Loan shall be made in accordance with the procedures set forth in Section 2.04. (b) Subject to Section 2.12Sections 2.13, each Borrowing shall be comprised entirely of ABR Loans or Eurodollar Eurocurrency Loans as the Company, on its own behalf or on behalf of the applicable Pipeline Company Borrower, Borrower may request in accordance herewith. Each Lender at its option may make or hold any Eurodollar Loan by causing any domestic or foreign branch or Affiliate of such Lender to make or hold such Loan; provided that any exercise of such option shall not affect the obligation of a Borrower to repay such Loan in accordance with the terms of this Agreement. (c) At the commencement of each Interest Period for any Eurodollar Eurocurrency Borrowing, such Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000 the Borrowing Multiple and not less than $20,000,000the Borrowing Minimum. At the time that each ABR Borrowing is made, such Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000 the Borrowing Multiple and not less than $5,000,000the Borrowing Minimum; provided that (i) an ABR Revolving Borrowing may be in an aggregate amount that is equal to the entire unused balance of the total Commitments aggregate Revolving Commitments, and (ii) a Swingline Loan may be in an aggregate amount that is equal to the entire unused balance of the aggregate Revolving Commitments, or that is required to finance the reimbursement of an LC Disbursement with respect to Letters of Credit, as contemplated by Section 2.04(e2.05(e). Each Swingline Loan shall be in an amount that is an integral multiple of $100,000 and not less than $500,000. Borrowings of more than one Type and Class may be outstanding at the same time; provided that there shall not at any time be more than a total of sixteen Eurodollar five (5) Eurocurrency Borrowings outstanding. Within the limits of each Lender’s Commitment, any Borrower may make more than one Borrowing on any Business Day. (d) Notwithstanding any other provision of this Agreement, a the Borrower shall not be entitled to request, or to elect to convert a Borrowing to or continue a Borrowing ascontinue, a Eurodollar any Borrowing if the Interest Period requested (i) with respect thereto to a Revolving Borrowing, would end after the Revolving Credit Maturity Date or (ii) with respect to an Amendment No. 2 Term Loan or an Amendment No. 4 Term Loan, would end after the Amendment No. 2 Term Loan Maturity Date.

Appears in 1 contract

Samples: Credit Agreement (Caseys General Stores Inc)

Loans and Borrowings. (a) Each Loan (other than a Swingline Loan) shall be made as part of a Borrowing consisting of Loans of the same Class and Type made by the Lenders ratably in accordance with their respective Commitments, as Commitments of the applicable Borrower may request (subject to Section 2.12) in accordance herewithClass. The failure of any Lender to make any Loan required to be made by it shall not relieve any other Lender of its obligations hereunder; provided that the Commitments of the Lenders are several and no Lender shall be responsible for any other Lender’s failure to make Loans as required. Any Swingline Loan shall be made in accordance with the procedures set forth in Section 2.04. (b) Subject to Section 2.122.13, each Borrowing shall be comprised entirely of ABR Base Rate Loans or Eurodollar Loans as the Company, on its own behalf or on behalf of the applicable Pipeline Company Borrower, Borrower may request in accordance herewith. Each Swingline Loan shall be a Base Rate Loan. Each Lender at its option may make or hold any Eurodollar Loan by causing any domestic or foreign branch or Affiliate of such Lender to make or hold such Loan; provided that any exercise of such option shall not affect the obligation of a the Borrower to repay such Loan in accordance with the terms of this Agreement. (c) At Each Borrowing of, conversion to or continuation of Eurodollar Loans shall be in an aggregate amount that is an integral multiple of $1,000,000 (or, if not an integral multiple, the commencement entire available amount) and not less than $5,000,000. Each Borrowing of, conversion to or continuation of each Interest Period for any Eurodollar Borrowing, such Borrowing Base Rate Loans (other than Swingline Loans which shall be subject to Section 2.04) shall be in an aggregate amount that is an integral multiple of $1,000,000 and not less than $20,000,000. At the time that each ABR Borrowing is made, such Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000 and not less than $5,000,0001,000,000; provided that an ABR Borrowing Eurodollar Revolving Loans and Base Rate Revolving Loans may be in an aggregate amount that is equal to the entire unused balance of the total Revolving Commitments under the applicable Revolving Credit Facility or that is required to finance the reimbursement of a Swingline Loan under the applicable Revolving Credit Facility pursuant to Section 2.04(c) or an LC L/C Disbursement under the applicable Revolving Credit Facility as contemplated by Section 2.04(e2.05(c). Borrowings of more than one Type and Class may be outstanding at the same time; provided that there shall not at any time be more than a total of sixteen Eurodollar Borrowings outstanding. Within the limits of each Lender’s Commitment, any Borrower may make more than one Borrowing on any Business Day. (d) Notwithstanding any other provision of this Agreement, a Borrower the Borrowers shall not be entitled to request, or to elect to convert a Borrowing to or continue a Borrowing ascontinue, a Eurodollar any Borrowing if the Interest Period requested (i) with respect thereto to a U.S. Revolving Loan Borrowing would end after the U.S. Revolving Credit Maturity Date, (ii) with respect to a European Revolving Loan Borrowing would end after the European Revolving Credit Maturity Date or (iii) with respect to a U.S. Term A-1 Loan would end after the U.S. Term A-1 Loan Maturity Date.

Appears in 1 contract

Samples: Restatement Agreement (Constellation Brands, Inc.)

Loans and Borrowings. (a) Each Loan shall be made as part of a Borrowing consisting of Loans of the same Type made by the Lenders ratably in accordance with their respective Commitments, as the applicable Borrower may request (subject to Section 2.12) in accordance herewithApplicable Percentages. The failure of any Lender to make any Loan required to be made by it shall not relieve any other Lender of its obligations hereunder; provided that the Commitments of the Lenders are several and no Lender shall be responsible for any other Lender’s failure to make Loans as required.. US-DOCS\155537880.27 (ba) Subject to Section 2.122.13, each Borrowing of Loans shall be comprised entirely of ABR Loans or Eurodollar Term Benchmark Loans (or, subject to Section 2.13 in the event of a Benchmark Replacement, RFR Loans) as the Company, on its own behalf or on behalf of the applicable Pipeline Company Borrower, Borrower may request in accordance herewith. Each Lender at its option may make or hold any Eurodollar Loan by causing any domestic or foreign branch or Affiliate of such Lender to make or hold such Loan; provided that any exercise of such option shall not affect the obligation of a the Borrower to repay such Loan in accordance with the terms of this Agreement. (cb) At the commencement of each Interest Period for any Eurodollar Term Benchmark Borrowing, such Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000 and not less than $20,000,0005,000,000. At the time that each ABR Borrowing and/or RFR Borrowing is made, such Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000 and not less than $5,000,000; provided that an ABR Borrowing may be in an aggregate amount that is equal to the entire unused balance of the total Commitments or that is required to finance the reimbursement of an LC Disbursement as contemplated by Section 2.04(e)Commitments. Borrowings of more than one Type may be outstanding at the same time; provided that there shall not at any time be more than a total of sixteen Eurodollar ten Term Benchmark Borrowings or RFR Borrowings outstanding. Within the limits of each Lender’s Commitment, any Borrower may make more than one Borrowing on any Business Day. (dc) Notwithstanding any other provision of this Agreement, a the Borrower shall not be entitled to request, or to elect to convert a Borrowing to or continue a Borrowing ascontinue, a Eurodollar any Borrowing if the Interest Period requested with respect thereto would end after the Maturity Date.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Dropbox, Inc.)

Loans and Borrowings. (a) Each Loan (other than a --------------------- Swingline Loan) shall be made as part of a Borrowing consisting of Loans of the same Class and Type made by the Lenders ratably in accordance with their respective Commitments, as Commitments of the applicable Borrower may request (subject to Section 2.12) in accordance herewithClass. The failure of any Lender to make any Loan required to be made by it shall not relieve any other Lender of its obligations hereunder; provided that the Commitments of the Lenders are -------- several and no Lender shall be responsible for any other Lender’s 's failure to make Loans as required. (b) Subject to Section 2.122.14, each (i) U.S. Revolving Borrowing, Additional Revolving Borrowing and Term Borrowing shall be comprised entirely of ABR Loans or Eurodollar Loans as the Company, on its own behalf U.S. Borrower may request in accordance herewith and (ii) each C $ Revolving Borrowing shall be comprised entirely of B/A Borrowings or on behalf of Canadian Prime Rate Borrowings as the applicable Pipeline Company Borrower, Canadian Borrower may request in accordance herewith. Each Swingline Loan shall be an ABR Loan. Each Lender at its option may make or hold any Eurodollar Loan by causing any domestic or foreign branch or Affiliate of such Lender to make or hold such Loan; provided that any -------- exercise of such option shall not affect the obligation of a the U.S. Borrower to repay such Loan in accordance with the terms of this Agreement. (c) At the commencement of each Interest Period for any Eurodollar Borrowing, such Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000 500,000 and not less than $20,000,0005,000,000. At the time that (i) each ABR Revolving Borrowing is made, such Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000 500,000 and not less than $5,000,000 and (ii) each Canadian Prime Rate Borrowing is made, such Borrowing shall be in an aggregate amount that is an integral multiple of C $500,000 and not less than C $5,000,000; provided that an ABR U.S. $ Revolving Borrowing, an ABR Additional -------- Revolving Borrowing or a Canadian Prime Rate Borrowing may be in an aggregate amount that is equal to the entire unused balance of the total U.S. $ Revolving Commitments, Additional Revolving Commitments or C $ Revolving Commitments, as applicable, or (in the case of an ABR U.S. $ Revolving Borrowing) that is required to finance the reimbursement of an LC Disbursement as contemplated by Section 2.04(e2.05(e). The Loans comprising any B/A Borrowing shall, subject to Section 2.21, be in an aggregate principal amount that is an integral multiple of C $100,000 and not less than C $1,000,000. The Loans comprising each Canadian Dollar Borrowing shall be made in the amount specified in the applicable Borrowing Request for such Borrowing. Each Swingline Loan shall be in an amount that is an integral multiple of $100,000 and not less than $100,000. Borrowings of more than one Type and Class may be outstanding at the same time; provided that there shall not at any time be more than a total of sixteen -------- eight Eurodollar Borrowings or eight B/A Borrowings of any Class outstanding. Within the limits of each Lender’s Commitment, any Borrower may make more than one Borrowing on any Business Day. (d) Notwithstanding any other provision of this Agreement, a Borrower the Borrowers shall not be entitled to request, or to elect to convert a Borrowing to or continue a Borrowing ascontinue, a Eurodollar any Borrowing if the Interest Period or Contract Period (in the case of a B/A Borrowing) requested with respect thereto would end after the Revolving Maturity Date or Term Loan Maturity Date, as applicable. (i) The U.S. Administrative Agent shall notify the U.S. Borrower and the U.S. $ Revolving Lenders of the amount of the aggregate U.S. $ Revolving Exposure, (ii) the Canadian Administrative Agent shall notify the Canadian Borrower and the C $ Revolving Lenders of the amount of the aggregate C $ Revolving Exposure and (iii) the U.S. Administrative Agent shall notify the U.S. Borrower and the Additional Revolving Lenders of the amount of the aggregate Additional Revolving Loans, in each case promptly following the last day of each March, June, September and December.

Appears in 1 contract

Samples: Credit Agreement (United Rentals North America Inc)

Loans and Borrowings. (a) Each Revolving Loan shall be made as part of a Borrowing consisting of Revolving Loans of the same Type made by the Lenders ratably in accordance with their respective Commitments, as the applicable Borrower may request (subject to Section 2.12) . Each Competitive Loan shall be made in accordance herewithwith the procedures set forth in Section 2.04. The failure of any Lender to make any Loan required to be made by it shall not relieve any other Lender of its obligations hereunder; provided that the Commitments and Competitive Bids of the Lenders are several and no Lender shall be responsible for any other Lender’s 's failure to make Loans as required. (b) Subject to Section 2.122.13, (i) each Revolving Borrowing shall be comprised entirely of ABR Loans or Eurodollar Loans as the CompanyBorrower may request in accordance herewith, on its own behalf and (ii) each Competitive Borrowing shall be comprised entirely of Eurodollar Loans or on behalf of Fixed Rate Loans as the applicable Pipeline Company Borrower, Borrower may request in accordance herewith. Each Lender at its option may make or hold any Eurodollar Loan by causing any domestic or foreign branch or Affiliate of such Lender to make or hold such Loan; provided that any exercise of such option shall not affect the obligation of a the Borrower to repay such Loan in accordance with the terms of this AgreementAgreement and shall not be inconsistent with the duty of such Lender under Section 2.18(a) to minimize amounts payable by the Borrower under Section 2.14 or 2.16. (c) At the commencement of each Interest Period for any Eurodollar Revolving Borrowing, such Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000 and not less than $20,000,00010,000,000. At the time that each ABR Revolving Borrowing is made, such Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000 and not less than $5,000,00010,000,000; provided that an ABR Revolving Borrowing may be in an aggregate amount that is equal to the entire unused balance of the total Commitments or Commitments. Each Competitive Borrowing shall be in an aggregate amount that is required to finance the reimbursement an integral multiple of an LC Disbursement as contemplated by Section 2.04(e)$1,000,000 and not less than $25,000,000. Borrowings of more than one Type and Class may be outstanding at the same time; provided that there shall not at any time be more than a total of sixteen 10 Eurodollar Revolving Borrowings outstanding. Within the limits of each Lender’s Commitment, any Borrower may make more than one Borrowing on any Business Day. (d) Notwithstanding any other provision of this Agreement, a the Borrower shall not be entitled to request, or to elect to convert a Borrowing to or continue a Borrowing ascontinue, a Eurodollar any Borrowing if the Interest Period requested with respect thereto would end after the Maturity Date.

Appears in 1 contract

Samples: Five Year Competitive Advance and Revolving Credit Facility Agreement (Sherwin Williams Co)

Loans and Borrowings. (a) Each Loan shall be made as part of a Borrowing consisting of Loans of the same Class and Type made by the applicable Lenders ratably in accordance with their respective Commitments, as Commitments of the applicable Borrower may request (subject to Section 2.12) in accordance herewithClass. The failure of any Lender to make any Loan required to be made by it shall not relieve any other Lender of its obligations hereunder; provided that the Commitments of the Lenders are several and no Lender shall be responsible for any other Lender’s failure to make Loans as required. The Term Loans shall be repaid as set forth in Section 2.10. (b) Subject to Section 2.122.14, each Revolving Borrowing and each Term Loan Borrowing shall be comprised entirely of ABR Loans or Eurodollar Loans as the Company, on its own behalf or on behalf of the applicable Pipeline Company Borrower, Borrower may request in accordance herewith; provided that all Borrowings made on the Effective Date must be made as ABR Borrowings but may be converted into Eurodollar Borrowings in accordance with Section 2.08. Each Lender at its option may make or hold any Eurodollar Loan by causing any domestic or foreign branch or Affiliate of such Lender to make or hold such LoanLoan (and in the case of an Affiliate, the provisions of Sections 2.14, 2.15, 2.16 and 2.17 shall apply to such Affiliate to the same extent as to such Lender); provided that any exercise of such option shall not affect the obligation of a the Borrower to repay such Loan in accordance with the terms of this Agreement. (c) At the commencement of each Interest Period for any Eurodollar Revolving Borrowing, such Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000 100,000 and not less than $20,000,0001,000,000. At the time that each ABR Revolving Borrowing is made, such Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000 100,000 and not less than $5,000,000500,000; provided that an ABR Revolving Borrowing may be in an aggregate amount that is equal to the entire unused balance of the total aggregate Revolving Commitments or that is required to finance the reimbursement of an LC Disbursement as contemplated by Section 2.04(e2.06(e). Borrowings of more than one Type and Class may be outstanding at the same time; provided that there shall not at any time be more than a total of sixteen ten (10) Eurodollar Borrowings outstanding. Within the limits of each Lender’s Commitment, any Borrower may make more than one Borrowing on any Business Day. (d) Notwithstanding any other provision of this Agreement, a the Borrower shall not be entitled to request, or to elect to convert a Borrowing to or continue a Borrowing ascontinue, a Eurodollar any Borrowing if the Interest Period requested with respect thereto would end after the Maturity Date.

Appears in 1 contract

Samples: Credit Agreement (Eagle Pharmaceuticals, Inc.)

Loans and Borrowings. (a) Each Loan (other than a Swingline Loan) shall be made as part of a Borrowing consisting of Loans of the same Class and Type made by the Lenders ratably in accordance with their respective Commitments, as Commitments of the applicable Borrower may request (subject to Section 2.12) in accordance herewithClass. The failure of any Lender to make any Loan required to be made by it shall not relieve any other Lender of its obligations hereunder; provided that the Commitments of the Lenders are several and no Lender shall be responsible for any other Lender’s failure to make Loans as required. Any Swingline Loan shall be made in accordance with the procedures set forth in ‎Section 2.04. (b) Subject to Section 2.12‎Section 2.13, each Borrowing shall be comprised entirely of ABR Base Rate Loans or Eurodollar Loans as the Company, on its own behalf or on behalf of the applicable Pipeline Company Borrower, Borrower may request in accordance herewith. Each Swingline Loan shall be a Base Rate Loan. Each Lender at its option may make or hold any Eurodollar Loan by causing any domestic or foreign branch or Affiliate of such Lender to make or hold such Loan; provided that any exercise of such option shall not affect the obligation of a the Borrower to repay such Loan in accordance with the terms of this Agreement. (c) At Each Borrowing of, conversion to or continuation of Eurodollar Loans shall be in an aggregate amount that is an integral multiple of $1,000,000 (or, if not an integral multiple, the commencement entire available amount) and not less than $5,000,000. Each Borrowing of, conversion to or continuation of each Interest Period for any Eurodollar Borrowing, such Borrowing Base Rate Loans (other than Swingline Loans which shall be subject to ‎Section 2.04) shall be in an aggregate amount that is an integral multiple of $1,000,000 and not less than $20,000,000. At the time that each ABR Borrowing is made, such Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000 and not less than $5,000,0001,000,000; provided that an ABR Borrowing Eurodollar Revolving Loans and Base Rate Revolving Loans may be in an aggregate amount that is equal to the entire unused balance of the total Revolving Commitments or that is required to finance the reimbursement of a Swingline Loan pursuant to ‎Section 2.04(c) or an LC L/C Disbursement as contemplated by Section 2.04(e‎Section 2.05(c). Borrowings of more than one Type and Class may be outstanding at the same time; provided that there shall not at any time be more than a total of sixteen Eurodollar Borrowings outstanding. Within the limits of each Lender’s Commitment, any Borrower may make more than one Borrowing on any Business Day. (d) Notwithstanding any other provision of this Agreement, a Borrower the Borrowers shall not be entitled to request, or to elect to convert a Borrowing to or continue a Borrowing ascontinue, a Eurodollar any Borrowing if the Interest Period requested with respect thereto to a. Revolving Loan Borrowing would end after the Maturity Date.

Appears in 1 contract

Samples: Restatement Agreement (Constellation Brands, Inc.)

Loans and Borrowings. (a) Each Loan (other than a Protective Advance) shall be made as part of a Borrowing consisting of Loans of the same Type made by the Lenders ratably in accordance with their respective Commitments, as the applicable Borrower may request (subject to Section 2.12) . Any Protective Advance shall be made in accordance herewith. The failure of any Lender to make any Loan required to be made by it shall not relieve any other Lender of its obligations hereunder; provided that with the Commitments of the Lenders are several and no Lender shall be responsible for any other Lender’s failure to make Loans as requiredprocedures set forth in Section 2.04. (b) Subject to Section 2.122.14, each Borrowing shall be comprised entirely of ABR Loans or Eurodollar LIBO Rate Loans as the Company, on its own behalf or on behalf of the applicable Pipeline Company Borrower, Borrower may request in accordance herewith. Each Protective Advance shall be an ABR Loan. Each Lender at its option may make or hold any Eurodollar LIBO Rate Loan by causing any domestic or foreign branch or Affiliate of such Lender to make or hold such Loan; provided that (i) any exercise of such option shall not affect the obligation of a the Borrower to repay such Loan in accordance with the terms of this Agreement, and (ii) in exercising such option, such Lender shall use reasonable efforts to minimize any increase in the Adjusted LIBO Rate or increased costs to the Borrower resulting therefrom (which obligation of such Lender shall not require it to take, or refrain from taking, actions that it determines would result in increased costs for which it will not be compensated hereunder or that it otherwise determines would be disadvantageous to it and in the event of such request for costs for which compensation is provided under this Agreement, the provisions of Section 2.15 shall apply). (c) At the commencement of each Interest Period for any Eurodollar LIBO Rate Borrowing, such Borrowing shall be in comprise an aggregate principal amount that is an integral multiple of $1,000,000 and not less than $20,000,0002,000,000. At the time that each Each ABR Borrowing is made, such Borrowing when made shall be in an aggregate a minimum principal amount that is an integral multiple of $1,000,000 and not less than $5,000,0001,000,000; provided that an ABR Borrowing may be made in an a lesser aggregate amount that is equal to the entire unused balance of the total Aggregate Commitments or that is required to finance the reimbursement of an LC Disbursement as contemplated by Section 2.04(e2.06(e). Borrowings of more than one Type and Class may be outstanding at the same time; provided that there shall not at any time be more than a total of sixteen Eurodollar ten (10) different Interest Periods in effect for LIBO Rate Borrowings at any time outstanding. Within the limits of each Lender’s Commitment, any Borrower may make more than one Borrowing on any Business Day. (d) Notwithstanding any other provision of this Agreement, a the Borrower shall not be entitled to request, or to elect to convert a Borrowing to or continue a Borrowing ascontinue, a Eurodollar any Borrowing if the Interest Period requested with respect thereto would end after the Maturity Date.

Appears in 1 contract

Samples: Abl Credit Agreement (Petco Holdings Inc)

Loans and Borrowings. (a) Each Loan (other than a Swingline Loan) shall be made as part of a Borrowing consisting of Loans of the same Class and Type made by the Lenders ratably in accordance with their respective Commitments, as Commitments of the applicable Borrower may request (subject to Section 2.12) in accordance herewithClass. The failure of any Lender to make any Loan required to be made by it shall not relieve any other Lender of its obligations hereunder; provided that the Commitments of the Lenders are several and no Lender shall be responsible for any other Lender’s 's failure to make Loans as required. (b) Subject to Section 2.122.14, each Revolving Borrowing and Term Borrowing shall be comprised entirely of ABR Loans or Eurodollar Loans as the Company, on its own behalf or on behalf of the applicable Pipeline Company Borrower, Borrower may request in accordance herewith. Each Swingline Loan shall be an ABR Loan. Each Lender at its option may make or hold any Eurodollar Loan by causing any domestic or foreign branch or Affiliate of such Lender to make or hold such Loan; provided that any exercise of such option shall not affect the obligation of a the Borrower to repay such Loan in accordance with the terms of this Agreement. (c) At the commencement of each Interest Period for any Eurodollar Borrowing, such Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000 and not less than $20,000,0005,000,000. At the time that each ABR Revolving Borrowing is made, such Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000 and not less than $5,000,0001,000,000; provided that an ABR Revolving Borrowing may be in an aggregate amount that is equal to the entire unused balance of the total Revolving Commitments or that is required to finance the reimbursement of an LC Disbursement as contemplated by Section 2.04(e2.05(e). Each Swingline Loan shall be in an amount that is an integral multiple of $100,000 and not less than $500,000. Borrowings of more than one Type and Class may be outstanding at the same time; provided that there shall not at any time be more than a total of sixteen 12 Eurodollar Borrowings outstanding. Within the limits of each Lender’s Commitment, any Borrower may make more than one Borrowing on any Business Day. (d) Notwithstanding any other provision of this Agreement, a the Borrower shall not be entitled to request, or to elect to convert a Borrowing to or continue a Borrowing ascontinue, a Eurodollar any Borrowing if the Interest Period requested with respect thereto would end after the Revolving Maturity Date, Tranche A Maturity Date, Tranche B Maturity Date or Tranche X Maturity Date, as applicable.

Appears in 1 contract

Samples: Credit Agreement (Kansas City Southern Industries Inc)

Loans and Borrowings. (a) Each Loan (other than a Swingline Loan) shall be made as part of a Borrowing consisting of Loans of the same Type made by the Lenders ratably in accordance with their respective Commitments, as the applicable Borrower may request (subject to Section 2.12) in accordance herewith. The failure of any Lender to make any Loan required to be made by it shall not relieve any other Lender of its obligations hereunder; , provided that the Commitments of the Lenders are several and no Lender shall be responsible for any other Lender’s failure to make Loans as required. (b) Subject to Section 2.122.14, each Borrowing shall be comprised entirely of ABR Loans or Eurodollar Loans as the Company, on its own behalf or on behalf of the applicable Pipeline Company Borrower, Borrower may request in accordance herewith, provided that all Borrowings made on the Effective Date must be made as ABR Borrowings. Each Swingline Loan shall be an ABR Loan. Each Lender at its option may make or hold any Eurodollar Loan by causing any domestic or foreign branch or Affiliate of such Lender to make or hold such Loan; , provided that any exercise of such option shall not affect the obligation of a the Borrower to repay such Loan in accordance with the terms of this Agreement. (c) At the commencement of each Interest Period for any Eurodollar Borrowing, such Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000 500,000 and not less than $20,000,0002,000,000. At the time that each ABR Borrowing is made, such Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000 500,000 and not less than $5,000,000; provided that 1,000,000. Borrowings of more than one Type may be outstanding at the same time. There shall not at any time be more than a total of 10 Eurodollar Borrowings outstanding. Notwithstanding anything to the contrary herein, an ABR Borrowing or Swingline Loan may be in an aggregate amount (i) that is equal to the entire unused balance of the total aggregate Commitments or (ii) that is required to finance the reimbursement of an LC Disbursement as contemplated by Section 2.04(e2.05(e). Borrowings of more than one Type may be outstanding at the same time; provided that there shall not at any time be more than a total of sixteen Eurodollar Borrowings outstanding. Within the limits of each Lender’s Commitment, any Borrower may make more than one Borrowing on any Business Day. (d) Notwithstanding any other provision of this Agreement, a the Borrower shall not be entitled to request, or to elect to convert a Borrowing to or continue a Borrowing ascontinue, a Eurodollar any Borrowing if the Interest Period requested with respect thereto would end after the Maturity Date.

Appears in 1 contract

Samples: Credit Agreement (US Oncology Holdings, Inc.)

Loans and Borrowings. (a) Each Revolving Loan and Term Loan shall be made as part of a Borrowing consisting of Revolving Loans of or Term Loans as the same Type case may be, made by the Lenders ratably in accordance with their respective Commitments, Commitments for the Revolving Credit Facility or Term Facility as the applicable Borrower case may request (subject to Section 2.12) in accordance herewithbe. The failure of any Lender to make any Loan required to be made by it shall not relieve any other Lender of its obligations hereunder; provided that the Commitments of the Lenders are several and no Lender shall be responsible for any other Lender’s failure to make Loans as required. As of the date hereof, the Existing Term Loan Facility has been fully funded and $200,000,000 thereof remains outstanding, which amount shall constitute Initial Term Loans hereunder. (b) Subject to Section 2.12, 2.14 each Revolving Borrowing or Term Borrowing shall be comprised entirely of ABR Loans or Eurodollar Loans as the Company, on its own behalf or on behalf of the applicable Pipeline Company Borrower, Borrower may request in accordance herewith. Each Swingline Loan shall be an ABR Loan. Each Lender at its option may make or hold any Eurodollar Loan by causing any domestic or foreign branch or Affiliate of such Lender to make or hold such LoanLoan (so long as such funding does not change any tax status under Section 2.17); provided that any exercise of such option shall not affect the obligation of a the Borrower to repay such Loan in accordance with the terms of this Agreement. (c) At the commencement of each Interest Period for any Eurodollar Borrowing, such Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000 100,000 and not less than $20,000,000500,000. At the time that each ABR Borrowing is made, such Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000 100,000 and not less than $5,000,000500,000; provided that an ABR Revolving Borrowing may be in an aggregate amount that is equal to the entire unused balance of the total Commitments or that is required to finance the reimbursement of an LC Disbursement as contemplated by Section 2.04(e2.06(e). Each Swingline Loan shall be in an amount that is not less than $100,000. Borrowings of more than one Type and Class may be outstanding at the same time; provided that there shall not at any time be more than a total of sixteen seven (7) Eurodollar Borrowings outstanding. Within the limits of each Lender’s Commitment, any Borrower may make more than one Borrowing on any Business Day. (d) Notwithstanding any other provision of this Agreement, a the Borrower shall not be entitled to request, or to elect to convert a Borrowing to or continue a Borrowing ascontinue, a Eurodollar any Borrowing if the Interest Period requested with respect thereto would end after the applicable Maturity Date.

Appears in 1 contract

Samples: Credit Agreement (BLACK CREEK INDUSTRIAL REIT IV Inc.)

Loans and Borrowings. (a) Each Revolving Loan shall be made as part of a Borrowing consisting of Revolving Loans of the same Type made by the Lenders ratably in accordance with their respective Commitments, as the applicable Borrower may request (subject to Section 2.12) in accordance herewith. The failure of any Lender to make any Loan required to be made by it shall not relieve any other Lender of its obligations hereunder; provided that the Commitments of the Lenders are several and no Lender shall be responsible for any other Lender’s failure to make Loans as required. (b) Subject to Section 2.122.14, each Revolving Borrowing shall be comprised entirely of ABR Loans or Eurodollar SOFR Loans as the Company, on its own behalf or on behalf of the applicable Pipeline Company Borrower, Borrower may request in accordance herewith. Each Swingline Loan shall (i) prior to the acquisition by any Lender of a participation therein pursuant to Section 2.05(c), be a SOFR Loan, and (ii) upon and following the acquisition by any Lender of a participation therein, be an ABR Loan. Each Lender at its option may make or hold any Eurodollar SOFR Loan by causing any domestic or foreign branch or Affiliate of such Lender to make or hold such Loan; provided that any exercise of such option shall not affect the obligation of a the Borrower to repay such Loan in accordance with the terms of this Agreement. (c) At the commencement of each Interest Period for any Eurodollar SOFR Revolving Borrowing, such Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000 and not less than $20,000,0005,000,000. At the time that each ABR Revolving Borrowing is made, such Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000 500,000 and not less than $5,000,0001,000,000; provided that an ABR Revolving Borrowing may be in an aggregate amount that is equal to the entire unused balance of the total Commitments or that is required to finance the reimbursement of an LC Disbursement as contemplated by Section 2.04(e2.06(e). Each Swingline Loan shall be in an amount that is an integral multiple of $500,000 and not less than $5,000,000. Borrowings of more than one Type and Class may be outstanding at the same time; provided that there shall not at any time be more than a total of sixteen Eurodollar twelve SOFR Revolving Borrowings outstanding. Within the limits of each Lender’s Commitment, any Borrower may make more than one Borrowing on any Business Day. (d) Notwithstanding any other provision of this Agreement, a the Borrower shall not be entitled to request, or to elect to convert a Borrowing to or continue a Borrowing ascontinue, a Eurodollar any Borrowing if the Interest Period requested with respect thereto would end after the Maturity Date.

Appears in 1 contract

Samples: Revolving Credit Agreement (Enterprise Products Partners L.P.)

Loans and Borrowings. (a) Each Loan shall be made as part of a Borrowing consisting of Loans of the same Class and Type made by the applicable Lenders ratably in accordance with their respective Commitments, as Commitments of the applicable Borrower may request (subject to Section 2.12) in accordance herewithClass. The failure of any Lender to make any Loan required to be made by it shall not relieve any other Lender of its obligations hereunder; provided that the Commitments of the Lenders are several and no Lender shall be responsible for any other Lender’s failure to make Loans as required. The Term Loans shall amortize as set forth in Section 2.10. (b) Subject to Section 2.122.14, each Revolving Borrowing and Term Loan Borrowing shall be comprised entirely of ABR Loans or Eurodollar Loans as the Company, on its own behalf or on behalf of the applicable Pipeline Company Borrower, Borrower may request in accordance herewith. Each Lender at its option may make or hold any Eurodollar Loan by causing any domestic or foreign branch or Affiliate of such Lender to make or hold such LoanLoan (and in the case of an Affiliate, the provisions of Sections 2.14, 2.15, 2.16 and 2.17 shall apply to such Affiliate to the same extent as to, with no greater benefit to, such Lender); provided that any exercise of such option shall not affect the obligation of a the Borrower to repay such Loan in accordance with the terms of this Agreement. (c) At the commencement of each Interest Period for any Eurodollar Revolving Borrowing, such Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000 and not less than $20,000,0005,000,000. At the time that each ABR Revolving Borrowing is made, such Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000 500,000 and not less than $5,000,000500,000; provided that an ABR Revolving Borrowing may be in an aggregate amount that is equal to the entire unused balance of the total aggregate Revolving Commitments or that is required to finance the reimbursement of an LC Disbursement as contemplated by Section 2.04(e2.06(e). Borrowings of more than one Type and Class may be outstanding at the same time; provided that there shall not at any time be more than a total of sixteen seven (7) Eurodollar Borrowings outstanding. Within the limits of each Lender’s Commitment, any Borrower may make more than one Borrowing on any Business Day. (d) Notwithstanding any other provision of this Agreement, a the Borrower shall not be entitled to request, or to elect to convert a Borrowing to or continue a Borrowing ascontinue, a Eurodollar any Borrowing if the Interest Period requested with respect thereto would end after the Maturity Date.

Appears in 1 contract

Samples: Credit Agreement (Ugi Corp /Pa/)

Loans and Borrowings. (a) Each Loan shall be made as part of a Borrowing consisting of Loans of the same Type made by the Lenders ratably in accordance with their respective Commitments, as the applicable Borrower may request (subject to Section 2.12) in accordance herewith. The failure of any Lender to make any Loan required to be made by it shall not relieve any other Lender of its obligations hereunder; provided provided, that the Commitments of the Lenders are several and no Lender shall be responsible for any other Lender’s failure to make Loans as required. (b) Subject to Section 2.122.14, each Borrowing shall be comprised entirely of ABR Loans or Eurodollar Eurocurrency Loans as the Company, on its own behalf or on behalf of the applicable Pipeline Company Borrower, Borrower may request in accordance herewith. Each Lender at its option may make or hold any Eurodollar Eurocurrency Loan by causing any domestic or foreign branch or Affiliate of such Lender to make or hold such LoanLoan (and in the case of an Affiliate, the provisions of Sections 2.14, 2.15, 2.16 and 2.17 shall apply to such Affiliate to the same extent as to such Lender); provided provided, that any exercise of such option shall not affect the obligation of a the Borrower to repay such Loan in accordance with the terms of this Agreement. (c) At the commencement of each Interest Period for any Eurodollar Eurocurrency Borrowing, such Borrowing shall be in an aggregate amount that is an integral multiple of the Dollar Equivalent of $1,000,000 250,000 (or such other amount as is reasonably acceptable to the Administrative Agent) and not less than the Dollar Equivalent of $20,000,000500,000; provided that a Eurocurrency Borrowing that results from a continuation of an outstanding Eurocurrency Borrowing may be in an aggregate amount that is equal to such outstanding Borrowing. At the time that each ABR Borrowing is made, such Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000 100,000 (or such other amount as is reasonably acceptable to the Administrative Agent) and not less than $5,000,0001 million; provided provided, that an ABR Borrowing may be in an aggregate amount that is equal to the entire unused balance of the total Commitments or that is required to finance the reimbursement of an LC Disbursement as contemplated by Section 2.04(e2.06(e). Borrowings of more than one Type may be outstanding at the same time; provided provided, that there shall not at any time be more than a total of sixteen Eurodollar eight (8) Eurocurrency Borrowings outstanding. Within the limits of each Lender’s Commitment, any Borrower may make more than one Borrowing on any Business Day. (d) Notwithstanding any other provision of this Agreement, a the Borrower shall not be entitled to request, or to elect to convert a Borrowing to or continue a Borrowing ascontinue, a Eurodollar any Borrowing if the Interest Period requested with respect thereto would end after the Maturity Date.

Appears in 1 contract

Samples: Credit Agreement (Datto Holding Corp.)

Loans and Borrowings. (a) Each Loan (other than a Swingline Loan) shall be made as part of a Borrowing consisting of Loans of the same Type made by the Lenders ratably in accordance with their respective individual Commitments, as the applicable Borrower may request (subject to Section 2.12) in accordance herewith. The failure of any Lender to make any Loan required to be made by it shall not relieve any other Lender of its obligations hereunder; provided that the Commitments of the Lenders are several and no Lender shall be responsible for any other Lender’s failure to make Loans as required. (b) Subject to Section 2.122.13, each Revolving Borrowing shall be comprised entirely of ABR Loans or Eurodollar Eurocurrency Loans as the Company, on its own behalf or on behalf of the applicable Pipeline Company Borrower, Borrower may request in accordance herewith; provided that all Borrowings made on the Effective Date must be made as ABR Borrowings unless the Company shall have given the notice required for a Eurocurrency Borrowing under Section 2.03 and provided an indemnity letter, in form and substance reasonably satisfactory to the Administrative Agent, extending the benefits of Section 2.15 to Lenders in respect of such Borrowings. Each Swingline Loan shall be an ABR Loan. Each Lender at its option may make or hold any Eurodollar Loan by causing any domestic or foreign branch or Affiliate of such Lender to make or hold such Loan; provided that any exercise of such option shall not affect the obligation of a the applicable Borrower to repay such Loan in accordance with the terms of this Agreement. (c) At the commencement of each Interest Period for any Eurodollar Eurocurrency Borrowing, such Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000 and not less than $20,000,0005,000,000; provided that a Eurocurrency Borrowing that results from a continuation of an outstanding Eurocurrency Borrowing may be in an aggregate amount that is equal to such outstanding Borrowing. At the time that each ABR Borrowing is made, such Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000 and not less than $5,000,000; provided that an ABR Revolving Borrowing may be in an aggregate amount that is equal to the entire unused balance of the total Commitments Aggregate Commitment or that is required to finance the reimbursement of an LC Disbursement as contemplated by Section 2.04(e2.05(f). Each Swingline Loan shall be in an amount that is an integral multiple of $500,000 and not less than $1,000,000. Borrowings of more than one Type may be outstanding at the same time; provided that there shall not at any time be more than a total of sixteen Eurodollar 10 Eurocurrency Borrowings outstanding. Within the limits of each Lender’s Commitment, any Borrower may make more than one Borrowing on any Business Day. (d) Notwithstanding any other provision of this Agreement, a no Borrower shall not be entitled to request, or to elect to convert a Borrowing to or continue a Borrowing ascontinue, a any Eurodollar Borrowing if the Interest Period requested with respect thereto would end after the Maturity Date.

Appears in 1 contract

Samples: Credit Agreement (Vishay Intertechnology Inc)

Loans and Borrowings. (a) Each Loan shall be made as part of a Borrowing consisting of Loans of the same Class and Type made by the Lenders ratably in accordance with their respective Commitments, as Commitments of the applicable Borrower may request (subject Class, except that Loans made pursuant to Section 2.12) any Revolving Credit Increase or Term Loan Increase shall be made in accordance herewithwith Section 2.15. The failure of any Lender to make any Loan required to be made by it shall not relieve any other Lender of its obligations hereunder; provided that the Commitments of the Lenders are several and no Lender shall be responsible for any other Lender’s failure to make Loans as required. (b) Subject to Section 2.12Sections 3.02, 3.03 and 3.04, each Borrowing shall be comprised entirely of ABR Loans or Eurodollar Loans as the Company, on its own behalf or on behalf of the applicable Pipeline Company Borrower, Borrower may request in accordance herewith. Each Lender at its option may make or hold any Eurodollar Loan by causing any domestic or foreign branch or Affiliate of such Lender to make or hold such Loan; provided that any exercise of such option shall not affect the obligation of a the Borrower to repay such Loan in accordance with the terms of this Agreement. (c) At the commencement of each Interest Period for any Eurodollar Borrowing, such Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000 100,000 and not less than $20,000,000500,000. At the time that each ABR Revolving Loan Borrowing is made, such Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000 and not less than $5,000,000; 500,000 provided that an ABR Revolving Loan Borrowing may be in an aggregate amount that is equal to the entire unused balance of the total Revolving Credit Commitments or that is required to finance the reimbursement of an LC Disbursement as contemplated by Section 2.04(e). Borrowings of more than one Type or Class may be outstanding at the same time; provided that there shall not at any time be more than a total of sixteen eight Eurodollar Borrowings outstanding. Within the limits of each Lender’s Commitment, any Borrower may make more than one Borrowing on any Business Day. (d) Notwithstanding any other provision of this Agreement, a the Borrower shall not be entitled to request, or to elect to convert a Borrowing to or continue a Borrowing ascontinue, a Eurodollar any Borrowing if the Interest Period requested with respect thereto would end after the Revolving Credit Maturity Date or Term Loan Maturity Date, as applicable.

Appears in 1 contract

Samples: Credit Agreement (Digital Generation Systems Inc)

Loans and Borrowings. (a) Each Loan shall be made as part of a Borrowing consisting of Loans of the same Type made by the Lenders ratably in accordance with their respective Commitments, as the applicable Borrower may request (subject to Section 2.12) in accordance herewith. The failure of any Lender to make any Loan required to be made by it shall not relieve any other Lender of its obligations hereunder; provided that the Commitments of the Lenders are several and no Lender shall be responsible for any other Lender’s failure to make Loans as required. (ba) Subject to Section 2.122.11, each Borrowing shall be comprised entirely of ABR Loans or Eurodollar Eurocurrency Loans as the Company, on its own behalf or on behalf of the applicable Pipeline Company Borrower, may request in accordance herewith. Each Lender at its option may make or hold any Eurodollar Loan by causing any domestic or foreign branch or Affiliate of such Lender to make or hold such Loan; provided that any exercise of such option shall not affect the obligation of a Borrower the Company to repay such Loan in accordance with the terms of this Agreement. (cb) At the commencement of each Interest Period for any Eurodollar Eurocurrency Borrowing, such Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000 and not less than $20,000,0005,000,000; provided that a Eurocurrency Borrowing that results from a continuation of an outstanding Eurocurrency Borrowing may be in an aggregate amount that is equal to such outstanding Borrowing. At the time that each ABR Borrowing is made, such Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000 and not less than $5,000,000; provided that an ABR Borrowing may be in an aggregate amount that is equal to the entire unused balance of the total Commitments or that is required to finance the reimbursement of an LC Disbursement as contemplated by Section 2.04(e)Aggregate Commitment. Borrowings of more than one Type may be outstanding at the same time; provided that there shall not at any time be more than a total of sixteen Eurodollar 10 (or such greater number as may be agreed to by the Administrative Agent) Eurocurrency Borrowings outstanding. Within the limits of each Lender’s Commitment, any Borrower may make more than one Borrowing on any Business Day. (dc) Notwithstanding any other provision of this Agreement, a Borrower the Company shall not be entitled to request, or to elect to convert a Borrowing to or continue a Borrowing ascontinue, a Eurodollar any Eurocurrency Borrowing if the Interest Period requested with respect thereto would end after the Maturity Date.

Appears in 1 contract

Samples: Incremental Facility, Extension and Amendment Agreement (Kla Tencor Corp)

Loans and Borrowings. (a) Each Loan (other than a Swingline Loan) shall be made as part of a Borrowing consisting of Loans of the same Class and Type made by the Lenders ratably in accordance with their respective Commitments, as Commitments of the applicable Borrower may request (subject to Section 2.12) in accordance herewithClass. The failure of any Lender to make any Loan required to be made by it shall not relieve any other Lender of its obligations hereunder; , provided that the Commitments of the Lenders are several and no Lender shall be responsible for any other Lender’s failure to make Loans as required. (b) Subject to Section 2.122.14, each Revolving Borrowing, 2018 Extended Revolving Borrowing and Tranche B Term Loan Borrowing shall be comprised entirely of ABR Loans or Eurodollar Loans as the Company, on its own behalf or on behalf of the applicable Pipeline Company Borrower, Borrower may request in accordance herewith. Each Lender at its option may make or hold any Eurodollar Loan by causing any domestic or foreign branch or Affiliate of such Lender to make or hold such Loan; provided that any exercise of such option shall not affect the obligation of a Borrower to repay such Loan in accordance with the terms of this Agreement. (c) At the commencement of each Interest Period for any Eurodollar Borrowing, such Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000 500,000 and not less than $20,000,0002,000,000. At the time that each ABR Borrowing is made, such Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000 500,000 and not less than $5,000,000; provided that 1,000,000. Borrowings of more than one Type and Class may be outstanding at the same time. There shall not at any time be more than a total of 20 Eurodollar Borrowings outstanding. Notwithstanding anything to the contrary herein, (1) an ABR Revolving Borrowing may be in an aggregate amount that is equal to the entire unused balance of the total aggregate Revolving Commitments, (2) an ABR 2018 Extended Revolving Borrowing may be in an aggregate amount that is equal to the entire unused balance of the aggregate 2018 Extended Revolving Commitments and (3) subject to Section 2.04(a), a Swingline Loan may be in an aggregate amount (i) that is equal to the entire unused balance of the aggregate 2018 Extended Revolving Commitments or (ii) that is required to finance the reimbursement of an LC Disbursement as contemplated by Section 2.04(e2.05(e). Borrowings of more than one Type may be outstanding at the same time; provided that there shall not at any time be more than a total of sixteen Eurodollar Borrowings outstanding. Within the limits of each Lender’s Commitment, any Borrower may make more than one Borrowing on any Business Day. (d) Notwithstanding any other provision of this Agreement, a the Borrower shall not be entitled to request, or to elect to convert a Borrowing to or continue a Borrowing ascontinue, a Eurodollar any Borrowing if the Interest Period requested with respect thereto would end after the Revolving Maturity Date, the 2018 Extended Revolving Maturity Date, the Series D Tranche B Maturity Date or the Series E Tranche B Maturity Date, as applicable.

Appears in 1 contract

Samples: Credit Agreement (Select Medical Corp)

Loans and Borrowings. (a) Each Loan shall be made as part of a Borrowing consisting of Loans of the same Type made by the Lenders ratably in accordance with their respective Commitments. Subject to Section 2.12, each Borrowing shall be comprised entirely of Prime Loans or Eurodollar Loans as the applicable Borrower may request (subject to Section 2.12) in accordance herewith. . (a) The failure of any Lender to make any Loan required to be made by it shall not relieve any other Lender of its obligations hereunder; provided that that, other than any Commitment made by a Lender through a Conduit Lender as described in the definition thereof, which Commitment shall be the joint obligation of such Conduit Lender and its designating Lender, the Commitments of the Lenders are several and no Lender shall be responsible for any other Lender’s failure to make Loans as required. (b) Subject to Section 2.12, each Borrowing shall be comprised entirely of ABR Loans or Eurodollar Loans as the Company, on its own behalf or on behalf of the applicable Pipeline Company Borrower, may request in accordance herewith. Each Lender at its option may make or hold any Eurodollar Loan by causing any domestic or foreign branch or Affiliate of such Lender to make or hold such Loan; provided that any exercise of such option shall not affect the obligation of a the Borrower to repay such Loan in accordance with the terms of this Agreement. (c) At the commencement of each Interest Period for any Eurodollar Borrowing, such Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000 5,000,000 and not less than $20,000,00025,000,000. At the time that each ABR Prime Borrowing is made, such Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000 and not less than $5,000,00010,000,000; provided that an ABR a Prime Borrowing may be in an aggregate amount that is equal to the entire unused balance of the total Commitments or that is required to finance the reimbursement of an LC Disbursement as contemplated by Section 2.04(e)Commitments. Borrowings of more than one Type may be outstanding at the same time; provided that there shall not at any time be more than a total of sixteen twelve Eurodollar Borrowings outstanding. Within the limits of each Lender’s Commitment, any Borrower may make more than one Borrowing on any Business Day. (d) Notwithstanding any other provision of this Agreement, a the Borrower shall not be entitled to request, or to elect to convert a Borrowing to or continue a Borrowing ascontinue, a Eurodollar any Borrowing if the Interest Period requested with respect thereto would end after the Maturity Date. (i) The Borrower and any one or more Lenders (including New Lenders) may, with the consent of the Paying Agent (such consent not to be unreasonably withheld), at any time and from time to time after the Effective Date, agree that such Lenders shall obtain or increase the amount of their Commitments by executing and delivering to the Paying Agent an Increased Facility Activation Notice specifying (a) the amount of such increase and (b) the applicable Increased Facility Closing Date. Notwithstanding the foregoing, without the consent of the Required Lenders (such consent not to be unreasonably withheld), (x) the aggregate amount of the Commitments may not be increased by an amount greater than $500,000,000 in the aggregate and (y) each increase effected pursuant to this paragraph shall be in a minimum amount of at least $5,000,000. No Lender shall have any obligation to participate in any increase described in this paragraph unless it agrees in writing to do so in its sole discretion. The Paying Agent shall promptly give notice to all Lenders of any such increase. (ii) Any additional bank, financial institution or other entity which, with the consent of the Borrower and the Paying Agent, elects to become a “Lender” under this Agreement in connection with any transaction described in Section 2.02(e)(i) shall execute a New Lender Supplement (each, a “New Lender Supplement”), substantially in the form of Exhibit D, whereupon such bank, financial institution or other entity (a “New Lender”) shall become a Lender for all purposes and to the same extent as if originally a party hereto and shall be bound by and entitled to the benefits of this Agreement. (iii) On each Increased Facility Closing Date on which there are Loans outstanding, the New Lenders and the Lenders that have increased their Commitments shall make Loans with Interest Periods corresponding to the remaining Interest Periods of the outstanding Loans (without regard to the requirements in the definition of “Interest Period” in Section 1.01), the proceeds of which will be used to prepay the Loans of other Lenders, so that, after giving effect thereto, the resulting Loans outstanding subject to each Interest Period are allocated ratably among the Lenders in accordance with Section 2.03 based on their respective unused Commitments after giving effect to such Increased Facility Closing Date.

Appears in 1 contract

Samples: Five Year Credit Agreement (Genworth Financial Inc)

Loans and Borrowings. (a) Each Loan (other than a Swing Line Loan) shall be made as part of a Borrowing consisting of Loans of the same Class and Type made by the Lenders ratably in accordance with their respective Commitments, as Commitments of the applicable Borrower may request (subject to Section 2.12) in accordance herewithClass. The failure of any Lender to make any Loan required to be made by it shall not relieve any other Lender of its obligations hereunder; provided that the Commitments of the Lenders are several and no Lender shall be responsible for any other Lender’s failure to make Loans as required. (b) Subject to Section 2.122.13, each Borrowing (other than a Swing Line Loan) shall be comprised entirely of ABR Base Rate Loans or Eurodollar Rate Loans as the Company, on its own behalf or on behalf of the applicable Pipeline Company Borrower, Borrower may request in accordance herewith. Each Lender at its option may make or hold any Eurodollar Swing Line Loan by causing any domestic or foreign branch or Affiliate of such Lender to make or hold such shall be a Base Rate Loan; provided that any exercise of such option shall not affect the obligation of a Borrower to repay such Loan in accordance with the terms of this Agreement. (c) At the commencement of each Interest Period for any Eurodollar Rate Borrowing, such Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000 100,000 and not less than $20,000,0001,000,000. At the time that each ABR Base Rate Borrowing (other than a Swing Line Loan) is made, such Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000 100,000 and not less than $5,000,000500,000; provided that an ABR a Base Rate Borrowing may be in an aggregate amount that is equal to the entire unused balance of the total Aggregate Revolving Credit Commitments or that is required to finance the reimbursement of a Letter of Credit drawing. (d) Each Swing Line Loan shall be in an LC Disbursement as contemplated by Section 2.04(e). amount that is an integral multiple of $25,000 and not less than $50,000. (e) Borrowings of more than one Type and Class may be outstanding at the same time; provided that there shall not at any time be more than a total of sixteen ten (10) Eurodollar Rate Borrowings outstanding. Within the limits of each Lender’s Commitment, any Borrower may make more than one Borrowing on any Business Day. (df) Notwithstanding any other provision of this Agreement, a the Borrower shall not be entitled to request, or to elect to convert a Borrowing to or continue a Borrowing ascontinue, a Eurodollar any Borrowing if the Interest Period requested with respect thereto would end after the Revolving Credit Maturity DateDate with respect to Revolving Loans, the Term A-1 Loan Credit Maturity Date with respect to Term A-1 Loans or the Term A-2 Loan Maturity Date with respect to Term A-2 Loans, as applicable.

Appears in 1 contract

Samples: Credit Agreement (National Health Investors Inc)

Loans and Borrowings. (a) Each Loan (other than a Swingline Loan) shall be made as part of a Borrowing consisting of Loans of the same Class and Type made by the Lenders ratably in accordance with their respective Commitments, as Commitments of the applicable Borrower may request (subject to Section 2.12) in accordance herewithClass. The failure of any Lender to make any Loan required to be made by it shall not relieve any other Lender of its obligations hereunder; provided PROVIDED that the Commitments of the Lenders are several and no Lender shall be responsible for any other Lender’s 's failure to make Loans as required. (b) Subject to Section 2.122.14, each Revolving Borrowing and Term Borrowing shall be comprised entirely of ABR Loans or Eurodollar Loans as the Company, on its own behalf or on behalf of the applicable Pipeline Company Borrower, Borrower may request in accordance herewith; PROVIDED that all Revolving Borrowings made on the Effective Date must be made as ABR Borrowings. Each Swingline Loan shall be an ABR Loan. Each Lender at its option may make or hold any Eurodollar Loan by causing any domestic or foreign branch or Affiliate of such Lender to make or hold such Loan; provided PROVIDED that any exercise of such option shall not affect the obligation of a the Borrower to repay such Loan in accordance with the terms of this Agreement. (c) At the commencement of each Interest Period for any Eurodollar Borrowing, such Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000 500,000 and not less than $20,000,0002,000,000. At the time that each ABR Revolving Borrowing is made, such Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000 500,000 and not less than $5,000,0001,000,000. Each Swingline Loan shall be in an amount that is an integral multiple of $250,000 and not less than $500,000. Borrowings of more than one Type and Class may be outstanding at the same time; provided PROVIDED that there shall not at any time be more than a total of ten Eurodollar Borrowings outstanding. Notwithstanding anything to the contrary in this Section 2.02(c), an ABR Revolving Borrowing or Swingline Loan may be in an aggregate amount that is (i) equal to the entire unused balance of the total Revolving Commitments or that is (ii) required to finance the reimbursement of an LC Disbursement as contemplated by Section 2.04(e2.05(e). Borrowings of more than one Type may be outstanding at the same time; provided that there shall not at any time be more than a total of sixteen Eurodollar Borrowings outstanding. Within the limits of each Lender’s Commitment, any Borrower may make more than one Borrowing on any Business Day. (d) Notwithstanding any other provision of this Agreement, a the Borrower shall not be entitled to request, or to elect to convert a Borrowing to or continue a Borrowing ascontinue, a Eurodollar any Borrowing if the Interest Period requested with respect thereto would end after the Revolving Maturity Date or Term Loan Maturity Date, as applicable.

Appears in 1 contract

Samples: Credit Agreement (Wilmar Holdings Inc)

Loans and Borrowings. (a) Each Loan (other than a Swingline Loan) shall be made as part of a Borrowing consisting of Loans of the same Class and Type made by the Lenders ratably in accordance with their respective Commitments, as Commitments of the applicable Borrower may request (subject to Section 2.12) in accordance herewithClass. The failure of any Lender to make any Loan required to be made by it shall not relieve any other Lender of its obligations hereunder; provided that the Commitments of the Lenders are several and no Lender shall be responsible for any other Lender’s failure to make Loans as required. Any Swingline Loan shall be made in accordance with the procedures set forth in Section 2.04. (b) Subject to Section 2.122.13, each Borrowing shall be comprised entirely of ABR Base Rate Loans or Eurodollar Loans as the Company, on its own behalf or on behalf of the applicable Pipeline Company Borrower, Borrower may request in accordance herewith. Each Swingline Loan shall be a Base Rate Loan. Each Lender at its option may make or hold any Eurodollar Loan by causing any domestic or foreign branch or Affiliate of such Lender to make or hold such Loan; provided that any exercise of such option shall not affect the obligation of a the Borrower to repay such Loan in accordance with the terms of this Agreement. (c) At Each Borrowing of, conversion to or continuation of Eurodollar Loans shall be in an aggregate amount that is an integral multiple of $1,000,000 (or, if not an integral multiple, the commencement entire available amount) and not less than $5,000,000. Each Borrowing of, conversion to or continuation of each Interest Period for any Eurodollar Borrowing, such Borrowing Base Rate Loans (other than Swingline Loans which shall be subject to Section 2.04) shall be in an aggregate amount that is an integral multiple of $1,000,000 and not less than $20,000,000. At the time that each ABR Borrowing is made, such Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000 and not less than $5,000,0001,000,000; provided that an ABR Borrowing Eurodollar Revolving Loans and Base Rate Revolving Loans may be in an aggregate amount that is equal to the entire unused balance of the total Revolving Commitments or that is required to finance the reimbursement of a Swingline Loan pursuant to Section 2.04(c) or an LC L/C Disbursement as contemplated by Section 2.04(e2.05(c). Borrowings of more than one Type and Class may be outstanding at the same time; provided that there shall not at any time be more than a total of sixteen twenty (20) Eurodollar Borrowings outstanding. Within the limits of each Lender’s Commitment, any Borrower may make more than one Borrowing on any Business Day. (d) Notwithstanding any other provision of this Agreement, a the Borrower shall not be entitled to request, or to elect to convert a Borrowing to or continue a Borrowing ascontinue, a Eurodollar any Borrowing if the Interest Period requested (i) with respect thereto to a Revolving Borrowing would end after the Revolving Credit Maturity Date, (ii) with respect to a Term A Loan Borrowing would end after the Term A Loan Maturity Date, (iii) with respect to a Term A-1 Loan Borrowing would end after the Term A-1 Loan Maturity Date or (iv) with respect to a Term A-2 Loan Borrowing would end after the Term A-2 Loan Maturity Date.

Appears in 1 contract

Samples: Restatement Agreement (Constellation Brands, Inc.)

Loans and Borrowings. (a) Each Revolving Loan shall be made as part of a Borrowing consisting of Revolving Loans of the same Type made by the Lenders (or their Affiliates as provided in paragraph (b) below) ratably in accordance with their respective Commitments, as the applicable Borrower may request (subject to Section 2.12) . Each Competitive Loan shall be made in accordance herewithwith the procedures set forth in Section 2.04. The failure of any Lender to make any Loan required to be made by it shall not relieve any other Lender of its obligations hereunder; provided that the Commitments and Competitive Bids of the Lenders are several and no Lender shall be responsible for any other Lender’s failure to make Loans as required. (b) Subject to Section 2.122.13, (i) each Revolving Borrowing shall be comprised entirely of Eurocurrency Loans or, in the case of Revolving Borrowings denominated in US Dollars, ABR Loans, as the applicable Borrower may request in accordance herewith; and (ii) each Competitive Borrowing shall be comprised entirely of Eurocurrency Loans or Eurodollar Loans Fixed Rate Loans, as the Company, on its own behalf or on behalf of the applicable Pipeline Company Borrower, Borrower may request in accordance herewith. Each Lender at its option may make or hold any Eurodollar Eurocurrency Loan by causing any domestic or foreign branch or Affiliate of such Lender to make or hold such Loan; provided that any exercise of such option shall not affect the obligation of a any Borrower to repay such Loan in accordance with the terms of this Agreement. (c) At the commencement of each Interest Period for any Eurodollar BorrowingRevolving Borrowing (other than a Swingline Loan), such Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000 the Borrowing Multiple and not less than $20,000,000. At the time that each ABR Borrowing is made, such Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000 and not less than $5,000,000Minimum; provided that an ABR Revolving Borrowing may be in an aggregate amount that is equal to the entire unused balance of the total Commitments or Commitments. Each Competitive Borrowing shall be in an aggregate amount that is required to finance an integral multiple of the reimbursement Borrowing Multiple and not less than the Borrowing Minimum. Each Swingline Loan denominated in US Dollars shall be in an amount that is an integral multiple of US$500,000, and each Swingline Loan denominated in Sterling or Euro shall be in an LC Disbursement as contemplated by Section 2.04(e)amount that is an integral multiple of 100,000 units of such currency. Borrowings of more than one Type and Class may be outstanding at the same time; provided that there shall not at any time be outstanding more than a total of sixteen Eurodollar (i) 15 Eurocurrency Revolving Borrowings outstanding. Within the limits of each Lender’s Commitment, any Borrower may make more than one Borrowing on any Business Daydenominated in US Dollars and (ii) 15 Eurocurrency Revolving Borrowings denominated in Designated Foreign Currencies. (d) Notwithstanding any other provision of this Agreement, a no Borrower shall not be entitled to request, or to elect to convert a or continue, any Revolving Borrowing if the Interest Period requested with respect thereto would end after the Maturity Date, or to or continue a Borrowing as, a Eurodollar request any Competitive Borrowing if the Interest Period requested with respect thereto would end after the Maturity Date.

Appears in 1 contract

Samples: 364 Day Credit Agreement (American Standard Companies Inc)

Loans and Borrowings. (a) Each Loan (other than a Swingline Loan) shall be made as part of a Borrowing consisting of Loans of the same Class and Type made by the Lenders ratably in accordance with the amounts of their respective Commitments, as Commitments of the applicable Borrower may request (subject to Section 2.12) in accordance herewithClass. The failure of any Lender to make any Loan required to be made by it shall not relieve any other Lender of its obligations hereunder; provided that the Commitments of the Lenders are several and no Lender shall be responsible for any other Lender’s failure to make Loans as required. (b) Subject to Section 2.122.14, each Revolving Borrowing and Term Borrowing shall be comprised entirely of ABR Loans or Eurodollar Loans as the Company, on its own behalf or on behalf of the applicable Pipeline Company Borrower, Borrower may request in accordance herewith. Each Swingline Loan shall be an ABR Loan. Each Lender at its option may make or hold any Eurodollar Loan by causing any domestic or foreign branch or Affiliate of such Lender to make or hold such Loan; provided that any exercise of such option shall not affect the obligation of a the Borrower to repay such Loan in accordance with the terms of this Agreement. (c) At the commencement of each Interest Period for any Eurodollar Borrowing, such Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000 and not less than $20,000,0005,000,000. At the time that each ABR Borrowing is made, such Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000 and not less than $5,000,000; provided that an ABR Revolving Borrowing may be in an aggregate amount that is equal to the entire unused balance of the total Revolving Commitments or that is required to finance the reimbursement of an LC Disbursement as contemplated by Section 2.04(e2.05(e). Each Swingline Loan shall be in an amount that is an integral multiple of $1,000,000. Borrowings of more than one Class and Type may be outstanding at the same time; provided that there shall not at any time be more than a total of sixteen 10 Eurodollar Borrowings outstanding. Within the limits of each Lender’s Commitment, any Borrower may make more than one Borrowing on any Business Day. (d) Notwithstanding any other provision of this Agreement, a the Borrower shall not be entitled to request, or to elect to convert a or continue, any Revolving Borrowing, Tranche 1 Term Borrowing, Tranche 2 Term Borrowing to or continue a Borrowing as, a Eurodollar Tranche 3 Term Borrowing if the Interest Period requested with respect thereto would end after the Xxxxxxxxx/Xxxxxxx 0 Xxxx Xxxxxxxx Date or the Tranche 2/Tranche 3 Term Maturity Date, as the case may be.

Appears in 1 contract

Samples: Credit Agreement (Rite Aid Corp)

Loans and Borrowings. (a) Each Revolving Loan shall be made as part of a Borrowing consisting of Revolving Loans of the same Type made by the Lenders ratably in accordance with their respective Commitments, as the applicable Borrower may request (subject to Section 2.12) in accordance herewith. The failure of any Lender to make any Loan required to be made by it shall not relieve any other Lender of its obligations hereunder; provided that the Commitments of the Lenders are several and no Lender shall be responsible for any other Lender’s 's failure to make Loans as required. (b) Subject to Section 2.122.14, each Revolving Borrowing shall be comprised entirely of ABR Loans or Eurodollar Eurocurrency Loans as the Company, on its own behalf or on behalf of the applicable Pipeline Company Borrower, Borrower may request in accordance herewith; provided that each ABR Loan shall only be made in Dollars. Each Swingline Loan shall be an ABR Loan. Each Lender at its option may make or hold any Eurodollar Eurocurrency Loan by causing any domestic or foreign branch or Affiliate of such Lender to make or hold such Loan; provided that any exercise of such option shall not affect the obligation of a the Borrower to repay such Loan in accordance with the terms of this Agreement. (c) At the commencement of each Interest Period for any Eurodollar Eurocurrency Revolving Borrowing, such Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000 and not less than $20,000,0001,000,000 (or the Approximate Equivalent Amount of each such amount if such Borrowing is denominated in a Foreign Currency). At the time that each ABR Revolving Borrowing is made, such Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000 and not less than $5,000,0001,000,000; provided that an ABR Revolving Borrowing may be in an aggregate amount that is equal to the entire unused balance of the total Commitments Aggregate Commitment or that is required to finance the reimbursement of an LC Disbursement as contemplated by Section 2.04(e2.06(e). Each Swingline Loan shall be in an amount that is an integral multiple of $1,000,000 and not less than $1,000,000. Borrowings of more than one Type and Class may be outstanding at the same time; provided that there shall not at any time be more than a total of sixteen Eurodollar twelve (12) Eurocurrency Revolving Borrowings outstanding. Within the limits of each Lender’s Commitment, any Borrower may make more than one Borrowing on any Business Day. (d) Notwithstanding any other provision of this Agreement, a the Borrower shall not be entitled to request, or to elect to convert a Borrowing to or continue a Borrowing ascontinue, a Eurodollar any Borrowing if the Interest Period requested with respect thereto would end after the Maturity Date.

Appears in 1 contract

Samples: Credit Agreement (Lexmark International Inc /Ky/)

Loans and Borrowings. (a) Each Loan shall be made as part of a Borrowing consisting of Loans of the same Class and Type made by the Lenders ratably in accordance with their respective Commitments, as Commitments of the applicable Borrower may request Class (subject to Section 2.12) or, in the case of Swingline Loans, in accordance herewithwith their respective Swingline Commitments). The failure of any Lender to make any Loan required to be made by it shall not relieve any other Lender of its obligations hereunder; provided provided, that the Commitments of the Lenders are several and no Lender shall be responsible for any other Lender’s failure to make Loans as required. (b) Subject to Section 2.122.14, each Borrowing (other than a Swingline Borrowing) shall be comprised entirely of ABR Loans or Eurodollar Eurocurrency Loans as the Company, on its own behalf or on behalf of the applicable Pipeline Company Borrower, Borrower may request in accordance herewith. Each Swingline Borrowing shall be an ABR Borrowing. Each Lender at its option may make any ABR Loan or hold any Eurodollar Eurocurrency Loan by causing any domestic or foreign branch or Affiliate of such Lender to make or hold such Loan; provided provided, that any exercise of such option shall not affect the obligation of a the Borrower to repay such Loan in accordance with the terms of this AgreementAgreement and such Lender shall not be entitled to any amounts payable under Section 2.15 or 2.17 solely in respect of increased costs or taxes resulting from such exercise and existing at the time of such exercise. (c) At the commencement of each Interest Period for any Eurodollar Eurocurrency Revolving Borrowing, such Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000 the Borrowing Multiple and not less than $20,000,000the Borrowing Minimum. At the time that (i) each ABR Revolving Borrowing is made, such Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000 the Borrowing Multiple and not less than $5,000,000the Borrowing Minimum; provided provided, that an ABR Revolving Borrowing may be in an aggregate amount that is equal to the entire unused balance of the total Revolving Commitments or that is required to finance the reimbursement of an LC L/C Disbursement as contemplated by Section 2.04(e2.05(e). Borrowings of Table of Contents more than one Type and Class may be outstanding at the same time; provided provided, that there shall not at any time be more than a total of sixteen Eurodollar (i) ten Eurocurrency Borrowings outstanding. Within outstanding under each of the limits Tranche B Term Loans or any Other Term Loans and (ii) ten Eurocurrency Borrowings outstanding under each of each Lender’s Commitment, the Revolving Facility or any Borrower may make more than one Borrowing on any Business DayOther Revolving Facility Loans. (d) Notwithstanding any other provision of this Agreement, a Borrower shall not be entitled to request, or to elect to convert a Borrowing to or continue a Borrowing ascontinue, a Eurodollar any Borrowing if the Interest Period requested with respect thereto would end after the Revolving Facility Maturity Date or the Term Facility Maturity Date, as applicable.

Appears in 1 contract

Samples: Credit Agreement (Affinion Loyalty Group, Inc.)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!