Common use of Making of Revolving Credit Loans Clause in Contracts

Making of Revolving Credit Loans. (a) A Loan shall be made by the transfer of the proceeds of such Loan to the Operating Account or as otherwise instructed by the Lead Borrower. (b) A Loan shall be deemed to have been made under this Agreement (and the Borrowers shall be indebted to the Administrative Agent and the Lenders for the amount thereof immediately) at the following: (i) The Administrative Agent's initiation of the transfer of the proceeds of such Loan in accordance with the Lead Borrower's instructions (if such Loan is of funds requested by the Lead Borrower). (ii) The charging of the amount of such Loan to the Loan Account (in all other circumstances). (c) There shall not be any recourse to or liability of the Administrative Agent or any Lender, on account of: (i) Any delay in the making of any Loan requested under this Agreement. (ii) Any delay by any bank or other depository institution in treating the proceeds of any such Loan as collected funds. (iii) Any delay in the receipt, and/or any loss, of funds which constitute a Loan under this Agreement, the wire transfer of which was properly initiated by the Administrative Agent in accordance with wire instructions provided to the Administrative Agent by the Lead Borrower.

Appears in 2 contracts

Samples: Loan and Security Agreement (Shopko Stores Inc), Loan and Security Agreement (Shopko Stores Inc)

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Making of Revolving Credit Loans. (a) A Loan loan or advance under this Agreement shall be made by the transfer of the proceeds of such Loan loan or advance to the Operating Account or as otherwise instructed by the Lead BorrowerBorrowers’ Representative. (b) A Loan loan or advance shall be deemed to have been made under this Agreement (and the Borrowers shall be indebted to the Administrative Agent and the Revolving Credit Lenders for the amount thereof immediately) at the following: (i) The Administrative Agent's ’s initiation of the transfer of the proceeds of such Loan loan or advance in accordance with the Lead Borrower's Borrowers’ Representative’s instructions (if such Loan loan or advance is of funds requested by the Lead BorrowerBorrowers’ Representative). (ii) The charging of the amount of such Loan loan to the Loan Account (in all other circumstances). (c) There shall not be any recourse to or liability of the Administrative any Agent or any Lender, Revolving Credit Lender on account of: (i) Any delay delay, beyond the reasonable control of the Agents and the Revolving Credit Lenders, in the making of any Loan loan or advance requested under this Agreement. (ii) Any delay delay, beyond the reasonable control of the Agents and the Revolving Credit Lenders, by any bank or other depository institution in treating the proceeds of any such Loan loan or advance as collected funds. (iii) Any delay in the receipt, and/or any loss, of funds which constitute a Loan loan or advance under this Agreement, the wire transfer of which was properly initiated by the Administrative Agent in accordance with wire instructions provided to the Administrative Agent by the Lead BorrowerBorrowers’ Representative.

Appears in 2 contracts

Samples: Loan and Security Agreement (Casual Male Retail Group Inc), Loan and Security Agreement (Casual Male Retail Group Inc)

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