Common use of Making of Loans Clause in Contracts

Making of Loans. (a) Except as set forth in SECTION 2.09, SECTION 2.10 and SECTION 2.11, Revolving Credit Loans (other than Swingline Loans) shall be either Prime Rate Loans, LIBO Loans or BA Equivalent Loans as the Lead Borrower, on behalf of the Domestic Borrowers, or the Canadian Borrower, may request (which request shall, in the case of the Domestic Borrowers, be made in the form attached hereto as Exhibit C-1 and, in the case of the Canadian Borrower, be made in the form attached hereto as Exhibit C-2, and in the case of Loans to the Canadian Borrower, indicate whether CD$ or $ advances are requested) subject to and in accordance with this SECTION 2.04. All Swingline Loans shall be only Prime Rate Loans. All Revolving Credit Loans made pursuant to the same Borrowing shall, unless otherwise specifically provided herein, be Revolving Credit Loans of the same Type. Each Lender may fulfill its Commitment with respect to any Revolving Credit Loan by causing any lending office of such Lender to make such Revolving Credit Loan; provided, however, that any such use of a lending office shall not affect the obligation of the Borrowers to repay such Revolving Credit Loan in accordance with the terms of the applicable Revolving Credit Note. Each Lender shall, subject to its overall policy considerations, use reasonable efforts to select a lending office which will not result in the payment of increased costs by the Borrowers. Subject to the other provisions of this SECTION 2.04 and the provisions of SECTION 2.11, Borrowings of Revolving Credit Loans of more than one Type may be incurred at the same time, but in any event no more than fifteen (15) Borrowings of LIBO Loans may be outstanding at any time and no more than eight (8) Borrowings of BA Equivalent Loans may be outstanding at any time.

Appears in 4 contracts

Samples: Credit Agreement (Toys R Us Inc), Credit Agreement (Toys R Us Inc), Credit Agreement (Toys R Us Inc)

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Making of Loans. (a) Except as set forth in SECTION 2.09Section 2.18 and Section 2.26, SECTION 2.10 and SECTION 2.11, Revolving Credit Loans (other than Swingline Loans) by the Lenders shall be either Prime Rate Loans, Loans or LIBO Loans or BA Equivalent Loans as the Lead Borrower, Borrower on behalf of the Domestic Borrowers, or the Canadian Borrower, may request (which request shall, in the case of the Domestic Borrowers, be made in the form attached hereto as Exhibit C-1 and, in the case of the Canadian Borrower, be made in the form attached hereto as Exhibit C-2F, and in the case of Prime Rate Loans to of the Canadian Borrower, indicate whether CD$ or $ advances are requested) subject to and in accordance with this SECTION Section 2.04. All , provided that all Swingline Loans shall be only Prime Rate Loans. All Revolving Credit Loans made pursuant to the same Borrowing shall, unless otherwise specifically provided herein, be Revolving Credit Loans of the same Type. Each Lender may fulfill its Commitment with respect to any Revolving Credit Loan by causing any lending office of such Lender to make such Revolving Credit Loan; provided, however, that but any such use of a lending office shall not affect the obligation of the Borrowers to repay such Revolving Credit Loan in accordance with the terms of the applicable Revolving Credit Note. Each Lender shall, subject to its overall policy considerations, use reasonable efforts (but shall not be obligated) to select a lending office which will not result in the payment of increased costs by the BorrowersBorrowers pursuant to Section 2.25. Subject to the other provisions of this SECTION Section 2.04 and the provisions of SECTION 2.11Section 2.26, Borrowings of Revolving Credit Loans of more than one Type may be incurred at the same time, but in any event no more than fifteen ten (1510) Borrowings of LIBO Loans may be outstanding at any time and no more than eight ten (8) 10) Borrowings of BA Equivalent Loans may be outstanding at any time.

Appears in 1 contract

Samples: Credit Agreement (Circuit City Stores Inc)

Making of Loans. (a) Except as set forth in SECTION 2.09Section 2.18 and Section 2.26, SECTION 2.10 and SECTION 2.11, Revolving Credit Loans (other than Swingline Loans) by the Lenders shall be either Prime Rate LoansLoans or, with respect to the Domestic Borrowers, LIBO Loans or with respect to the Canadian Borrower, BA Equivalent Loans as the Lead Borrower, Borrower on behalf of the Domestic Borrowers, or the Canadian Borrower, may request (which request shall, in the case of the Domestic Borrowers, be made substantially in the form attached hereto as Exhibit C-1 andE, and in the case of the Canadian Borrower, be made substantially in the form attached hereto as Exhibit C-2F, and in the case of Prime Rate Loans to of the Canadian Borrower, indicate whether CD$ or $ advances are requested) subject to and in accordance with this SECTION Section 2.04. All , provided that all Swingline Loans shall be only Prime Rate Loans. All Revolving Credit Loans made pursuant to the same Borrowing shall, unless otherwise specifically provided herein, be Revolving Credit Loans of the same Type. Each Lender may fulfill its Commitment with respect to any Revolving Credit Loan by causing any lending office of such Lender to make such Revolving Credit Loan; provided, however, that but any such use of a lending office shall not affect the obligation of the Borrowers to repay such Revolving Credit Loan in accordance with the terms of the applicable Revolving Credit Note. Each Lender shall, subject to its overall policy considerations, use reasonable efforts (but shall not be obligated) to select a lending office which will not result in the payment of increased costs by the BorrowersBorrowers pursuant to Section 2.25. Subject to the other provisions of this SECTION Section 2.04 and the provisions of SECTION 2.11Section 2.26, Borrowings of Revolving Credit Loans of more than one Type may be incurred at the same time, but in any event no more than fifteen eight (15) 8) Borrowings of LIBO Loans may be outstanding at any time and no more than eight (8) Borrowings of BA Equivalent Loans may be outstanding at any time.

Appears in 1 contract

Samples: Possession Credit Agreement

Making of Loans. (a) Except as set forth in SECTION 2.09, SECTION 2.10 and SECTION 2.11, Revolving Credit Loans (other than Swingline Loans) shall be either Prime Rate Loans, LIBO Loans or BA Equivalent Loans as the Lead Borrower, Borrower on behalf of the Domestic Borrowers, or the Canadian Borrower, may request (which request shall, in the case of the Domestic Borrowers, be made in the form attached hereto as Exhibit C-1 and, in the case of the Canadian Borrower, be made in the form attached hereto as Exhibit C-2, and in the case of Loans to the Canadian Borrower, indicate whether CD$ or $ advances are requested) subject to and in accordance with this SECTION 2.04. All Swingline Loans shall be only Prime Rate Loans. All Revolving Credit Loans made pursuant to the same Borrowing shall, unless otherwise specifically provided herein, be Revolving Credit Loans of the same Type. Each Lender may fulfill its Commitment with respect to any Revolving Credit Loan by causing any lending office of such Lender to make such Revolving Credit Loan; provided, however, that any such use of a lending office shall not affect the obligation of the Borrowers to repay such Revolving Credit Loan in accordance with the terms of the applicable Revolving Credit Note. Each Lender shall, subject to its overall policy considerations, use reasonable efforts to select a lending office which will not result in the payment of increased costs by the Borrowers. Subject to the other provisions of this SECTION 2.04 and the provisions of SECTION 2.11, Borrowings of Revolving Credit Loans of more than one Type may be incurred at the same time, but in any event no more than fifteen (15) Borrowings of LIBO Loans may be outstanding at any time and no more than eight (8) Borrowings of BA Equivalent Loans may be outstanding at any time.

Appears in 1 contract

Samples: Credit Agreement (Toys R Us Inc)

Making of Loans. (a) Except as set forth in SECTION 2.09Sections 2.16 and 2.24, SECTION 2.10 and SECTION 2.11, Revolving Credit (i) Loans (other than Swingline Loans) by the Domestic Lenders to the Domestic Borrowers shall be either Domestic Prime Rate Loans, or LIBO Loans or BA Equivalent Loans as the Lead Borrower, Borrower on behalf of the Domestic Borrowers, or the Canadian Borrower, Borrowers may request (which request shall, in the case of the Domestic Borrowers, be made in the form attached hereto as Exhibit C-1 and, in the case of the Canadian Borrower, be made in the form attached hereto as Exhibit C-2, and in the case of Loans to the Canadian Borrower, indicate whether CD$ or $ advances are requested) subject to and in accordance with this SECTION 2.04. All Section 2.3, (ii) all Swingline Loans shall be only Domestic Prime Rate Loans, (iii) Canadian Loans by the Canadian Lenders to the Canadian Borrower shall be either Canadian Prime Rate Loans or BA Equivalent Loans (if made in Canadian Dollars), or LIBO Loans or U.S. Index Rate Loans (if made in Dollars), (iv) UK Loans (other than, for the avoidance of doubt, UK Swingline Loans) by the UK Lenders to the UK Borrower shall only be LIBO Loans and may be made in Optional Currency or in Dollars, and (v) UK Swingline Loans by the UK Swingline Lender to the UK Borrower shall only be UK Base Rate Loans. All Revolving Credit Loans made pursuant to the same Borrowing shall, unless otherwise specifically provided herein, be Revolving Credit Loans of the same Type. Each Lender may fulfill its Commitment with respect to any Revolving Credit Loan by causing any lending office of such Lender to make such Revolving Credit Loan; provided, however, that but any such use of a lending office shall not affect the obligation of the Borrowers to repay such Revolving Credit Loan in accordance with the terms of the applicable Revolving Credit Note. Each Lender shall, subject to its overall policy considerations, use reasonable efforts (but shall not be obligated) to select a lending office which will not result in the payment of increased costs by the BorrowersBorrowers pursuant to Section 2.23. Subject to the other provisions of this SECTION 2.04 Section 2.3 and the provisions of SECTION 2.11Section 2.24, Borrowings of Revolving Credit Loans of more than one Type may be incurred at the same time, but in any event no more than fifteen ten (1510) Borrowings of LIBO Loans may be outstanding at any time and no more than eight (8) Borrowings of BA Equivalent Loans may be outstanding at any time.

Appears in 1 contract

Samples: Credit Agreement (Genesco Inc)

Making of Loans. (a) Except as set forth in SECTION 2.09Sections 2.16 and 2.24, SECTION 2.10 and SECTION 2.11, Revolving Credit (i) Domestic Loans (other than Swingline Loans) by the Domestic Lenders to the Domestic Borrowers shall be either Domestic Prime Rate Loans, LIBO Loans or BA Equivalent LIBO Loans as the Lead Borrower, Borrower on behalf of the Domestic Borrowers, or the Canadian Borrower, Borrowers may request (which request shall, in the case of the Domestic Borrowers, be made in the form attached hereto as Exhibit C-1 and, in the case of the Canadian Borrower, be made in the form attached hereto as Exhibit C-2, and in the case of Loans to the Canadian Borrower, indicate whether CD$ or $ advances are requested) subject to and in accordance with this SECTION 2.04. All Section 2.3, (ii) all Swingline Loans shall be only Domestic Prime Rate Loans, and (iii) Canadian Loans by the Canadian Lenders to the Canadian Borrower shall be either Canadian Prime Rate Loans or BA Equivalent Loans (if made in Canadian Dollars), or LIBO Loans or U.S. Index Rate Loans (if made in Dollars). All Revolving Credit Loans made pursuant to the same Borrowing shall, unless otherwise specifically provided herein, be Revolving Credit Loans of the same Type. Each Lender may fulfill its Commitment with respect to any Revolving Credit Loan by causing any lending office of such Lender to make such Revolving Credit Loan; provided, however, that but any such use of a lending office shall not affect the obligation of the Borrowers to repay such Revolving Credit Loan in accordance with the terms of the applicable Revolving Credit Note. Each Lender shall, subject to its overall policy considerations, use reasonable efforts (but shall not be obligated) to select a lending office which will not result in the payment of increased costs by the BorrowersBorrowers pursuant to Section 2.23. Subject to the other provisions of this SECTION 2.04 Section 2.3 and the provisions of SECTION 2.11Section 2.24, Borrowings of Revolving Credit Loans of more than one Type may be incurred at the same time, but in any event no more than fifteen ten (1510) Borrowings of LIBO Loans may be outstanding at any time and no more than eight (8) Borrowings of BA Equivalent Loans may be outstanding at any time.

Appears in 1 contract

Samples: Assignment and Assumption (Genesco Inc)

Making of Loans. (a) Except as set forth in SECTION 2.09Sections 2.16 and 2.24, SECTION 2.10 and SECTION 2.11, Revolving Credit (i) Loans (other than Swingline Loans but including the FILO Loans) by the Domestic Lenders to the Domestic Borrowers shall be either Domestic Prime Rate Loans, or LIBO Loans or BA Equivalent Loans as the Lead Borrower, Borrower on behalf of the Domestic Borrowers, or the Canadian Borrower, Borrowers may request (which request shall, in the case of the Domestic Borrowers, be made in the form attached hereto as Exhibit C-1 and, in the case of the Canadian Borrower, be made in the form attached hereto as Exhibit C-2, and in the case of Loans to the Canadian Borrower, indicate whether CD$ or $ advances are requested) subject to and in accordance with this SECTION 2.04. All Section 2.3, (ii) all Swingline Loans shall be only Domestic Prime Rate Loans, (iii) Canadian Loans (other than Canadian Swingline Loans) by the Canadian Lenders to the Canadian Borrower shall be either Canadian Prime Rate Loans or BA Equivalent Loans (if made in Canadian Dollars), or LIBO Loans or U.S. Index Rate Loans (if made in Dollars), (iv) all Canadian Swingline Loans shall be Canadian Prime Rate Loans or U.S. Index Rate Loans, (v) UK Loans (other than, for the avoidance of doubt, UK Swingline Loans) by the UK Lenders to the UK Borrower shall only be LIBO Loans and may be made in Optional Currency or in Dollars, and (vi) all UK Swingline Loans by the UK Swingline Lender to the UK Borrower shall only be UK Base Rate Loans. All Revolving Credit Loans made pursuant to the same Borrowing shall, unless otherwise specifically provided herein, be Revolving Credit Loans of the same Type. Each Lender may fulfill its Commitment with respect to any Revolving Credit Loan by causing any lending office of such Lender to make such Revolving Credit Loan; provided, however, that but any such use of a lending office shall not affect the obligation of the Borrowers to repay such Revolving Credit Loan in accordance with the terms of the applicable Revolving Credit Note. Each Lender shall, subject to its overall policy considerations, use reasonable efforts (but shall not be obligated) to select a lending office which will not result in the payment of increased costs by the BorrowersBorrowers pursuant to Section 2.23. Subject to the other provisions of this SECTION 2.04 Section 2.3 and the provisions of SECTION 2.11Section 2.24, Borrowings of Revolving Credit Loans of more than one Type may be incurred at the same time, but in any event no more than fifteen ten (1510) Borrowings of LIBO Loans may be outstanding at any time and no more than eight (8) Borrowings of BA Equivalent Loans may be outstanding at any time.

Appears in 1 contract

Samples: Credit Agreement (Genesco Inc)

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Making of Loans. (a) Except as set forth in SECTION 2.09Sections 2.16 and 2.24, SECTION 2.10 and SECTION 2.11, Revolving Credit (i) Loans (other than Swingline Loans) by the Domestic Lenders to the Domestic Borrowers shall be either Domestic Prime Rate Loans, or LIBO Loans or BA Equivalent Loans as the Lead Borrower, Borrower on behalf of the Domestic Borrowers, or the Canadian Borrower, Borrowers may request (which request shall, in the case of the Domestic Borrowers, be made in the form attached hereto as Exhibit C-1 and, in the case of the Canadian Borrower, be made in the form attached hereto as Exhibit C-2, and in the case of Loans to the Canadian Borrower, indicate whether CD$ or $ advances are requested) subject to and in accordance with this SECTION 2.04. All Section 2.3, (ii) all Swingline Loans shall be only Domestic Prime Rate Loans, (iii) Canadian Loans (other than Canadian Swingline Loans) by the Canadian Lenders to the Canadian Borrower shall be either Canadian Prime Rate Loans or BA Equivalent Loans (if made in Canadian Dollars), or LIBO Loans or U.S. Index Rate Loans (if made in Dollars), (iv) all Canadian Swingline Loans shall be Canadian Prime Rate Loans or U.S. Index Rate Loans, (v) UK Loans (other than, for the avoidance of doubt, UK Swingline Loans) by the UK Lenders to the UK Borrower shall only be LIBO Loans and may be made in Optional Currency or in Dollars, and (vi) all UK Swingline Loans by the UK Swingline Lender to the UK Borrower shall only be UK Base Rate Loans. All Revolving Credit Loans made pursuant to the same Borrowing shall, unless otherwise specifically provided herein, be Revolving Credit Loans of the same Type. Each Lender may fulfill its Commitment with respect to any Revolving Credit Loan by causing any lending office of such Lender to make such Revolving Credit Loan; provided, however, that but any such use of a lending office shall not affect the obligation of the Borrowers to repay such Revolving Credit Loan in accordance with the terms of the applicable Revolving Credit Note. Each Lender shall, subject to its overall policy considerations, use reasonable efforts (but shall not be obligated) to select a lending office which will not result in the payment of increased costs by the BorrowersBorrowers pursuant to Section 2.23. Subject to the other provisions of this SECTION 2.04 Section 2.3 and the provisions of SECTION 2.11Section 2.24, Borrowings of Revolving Credit Loans of more than one Type may be incurred at the same time, but in any event no more than fifteen ten (1510) Borrowings of LIBO Loans may be outstanding at any time and no more than eight (8) Borrowings of BA Equivalent Loans may be outstanding at any time.

Appears in 1 contract

Samples: Credit Agreement (Genesco Inc)

Making of Loans. (a) Except as set forth in SECTION 2.09Sections 2.24 and 2.29, SECTION 2.10 and SECTION 2.11, Revolving Credit (i) Loans (other than Swingline Loans) by the Domestic Lenders to the Domestic Borrowers shall be either Domestic Prime Rate Loans, LIBO Loans or BA Equivalent Term SOFR Loans as the Lead Borrower, Borrower on behalf of the Domestic Borrowers, or the Canadian Borrower, Borrowers may request (which request shall, in the case of the Domestic Borrowers, be made in the form attached hereto as Exhibit C-1 and, in the case of the Canadian Borrower, be made in the form attached hereto as Exhibit C-2, and in the case of Loans to the Canadian Borrower, indicate whether CD$ or $ advances are requested) subject to and in accordance with this SECTION 2.04. All Section 2.3, (ii) all Swingline Loans shall be only Domestic Prime Rate Loans, (iii) Canadian Loans (other than Canadian Swingline Loans) by the Canadian Lenders to the Canadian Borrower shall be either Canadian Prime Rate Loans or BA Equivalent Loans (if made in Canadian Dollars), or Term SOFR Loans or U.S. Index Rate Loans (if made in Dollars), (iv) all Canadian Swingline Loans shall be Canadian Prime Rate Loans or U.S. Index Rate Loans, (v) UK Loans (other than, for the avoidance of doubt, UK Swingline Loans) by the UK Lenders to the UK Borrower shall be either Term SOFR Loans, Alternative Currency Daily Rate Loans or Alternative Currency Term Rate Loans, as applicable and may be made in Alternative Currency or in Dollars, and (vi) all UK Swingline Loans by the UK Swingline Lender to the UK Borrower shall only be UK Base Rate Loans. All Revolving Credit Loans made pursuant to the same Borrowing shall, unless otherwise specifically provided herein, be Revolving Credit Loans of the same Type. Each Lender may fulfill its Commitment with respect to any Revolving Credit Loan by causing any lending office of such Lender to make such Revolving Credit Loan; provided, however, that but any such use of a lending office shall not affect the obligation of the Borrowers to repay such Revolving Credit Loan in accordance with the terms of the applicable Revolving Credit Note. Each Lender shall, subject to its overall policy considerations, use reasonable efforts (but shall not be obligated) to select a lending office which will not result in the payment of increased costs by the BorrowersBorrowers pursuant to Section 2.23. Subject to the other provisions of this SECTION 2.04 Section 2.3 and the provisions of SECTION 2.11Section 2.24, Borrowings of Revolving Credit Loans of more than one Type may be incurred at the same time, but in any event no more than fifteen ten (1510) Borrowings of LIBO Loans may be outstanding at any time Term SOFR Loans, Alternative Currency Term Rate Loans, and no more than eight (8) Borrowings of BA Equivalent Loans may be outstanding at any time.

Appears in 1 contract

Samples: Credit Agreement (Genesco Inc)

Making of Loans. (a) Except as set forth in SECTION 2.09Section 2.18 and Section 2.26, SECTION 2.10 and SECTION 2.11, Revolving Credit Loans (other than Swingline Loans) by the Lenders shall be either Prime Rate Loans, Loans or LIBO Loans or BA Equivalent Loans as the Lead Borrower, Borrower on behalf of the Domestic Borrowers, or the Canadian Borrower, may request (which request shall, in the case of the Domestic Borrowers, be made in the form attached hereto as Exhibit C-1 andE, and in the case of the Canadian Borrower, be made in the form attached hereto as Exhibit C-2F, and in the case of Prime Rate Loans to of the Canadian Borrower, indicate whether CD$ or $ advances are requested) subject to and in accordance with this SECTION Section 2.04. All , provided that all Swingline Loans shall be only Prime Rate Loans. All Revolving Credit Loans made pursuant to the same Borrowing shall, unless otherwise specifically provided herein, be Revolving Credit Loans of the same Type. Each Lender may fulfill its Commitment with respect to any Revolving Credit Loan by causing any lending office of such Lender to make such Revolving Credit Loan; provided, however, that but any such use of a lending office shall not affect the obligation of the Borrowers to repay such Revolving Credit Loan in accordance with the terms of the applicable Revolving Credit Note. Each Lender shall, subject to its overall policy considerations, use reasonable efforts (but shall not be obligated) to select a lending office which will not result in the payment of increased costs by the BorrowersBorrowers pursuant to Section 2.25. Subject to the other provisions of this SECTION Section 2.04 and the provisions of SECTION 2.11Section 2.26, Borrowings of Revolving Credit Loans of more than one Type may be incurred at the same time, but in any event no more than fifteen ten (1510) Borrowings of LIBO Loans may be outstanding at any time and no more than eight ten (8) 10) Borrowings of BA Equivalent Loans may be outstanding at any time.

Appears in 1 contract

Samples: Credit Agreement (Circuit City Stores Inc)

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