Modifications to Revolving Credit Agreement Sample Clauses

Modifications to Revolving Credit Agreement. 1.1. Except as otherwise defined herein, capitalized terms used and not defined herein shall have the meanings assigned to them in the Agreement as amended hereby.
AutoNDA by SimpleDocs
Modifications to Revolving Credit Agreement. The Revolving Credit Secured Parties may at any time and from time to time and without consent of or notice to the Term Loan Agent or any Term Loan Lender, without incurring any liability to the Term Loan Agent or any Term Loan Lender and without impairing or releasing any rights or obligations hereunder or otherwise, amend, restate, supplement, modify, waive, substitute, renew, Refinance, or replace any or all of the Revolving Loan Documents; provided, however, that without the consent of the Term Loan Agent, the Revolving Credit Secured Parties shall not amend, restate, supplement, modify, waive, substitute, renew, Refinance or replace any or all of the Revolving Loan Documents to: (i) (A) at any time prior to the Restatement Effective Date, (1) increase the rates of interest set forth in the definition ofApplicable Margin” as defined in the Revolving Credit Agreement as in effect on the date hereof above (x) the rates of interest set forth in the definition of “Applicable Margin” as defined in the Proposed Restated Revolving Credit Agreement plus (y) 2.00% per annum at any level of the pricing grid applicable thereto (other than any increase occurring because of fluctuations in underlying rate indices or the imposition of the Default Rate), (2) increase the percentage set forth in the definition of “Default Rate” or increase any fees payable pursuant to Section 3.2.2(a) of the Revolving Credit Agreement, in each case, by more than 2.00% per annum above percentage set forth in the definition of “Default Rate” or the fees payable pursuant to Section 3.2.2(a), as applicable, in the Proposed Restated Revolving Credit Agreement (other than any increase occurring because of fluctuations in underlying rate indices) or (3) increase any fees payable pursuant to Section 3.2.1 of the Revolving Credit Agreement by more than 2.00% per annum above the percentages set forth in the definition of “Unused Line Fee Rate” in the Proposed Restated Revolving Credit Agreement (other than any increase occurring because of fluctuations in underlying rate indices) and (B) at any time on or after the Restatement Effective Date, increase the rates of interest set forth in the definition of “Applicable Margin” as defined in the Proposed Restated Revolving Credit Agreement by more than 2.00% per annum at any level of the pricing grid applicable thereto (other than any increase occurring because of fluctuations in underlying rate indices or the imposition of the Default Rate) or in...
Modifications to Revolving Credit Agreement. RELATING TO AVAILABILITY. Without the prior written consent of the Term Loan Agent, the Revolving Agent and the Revolving Lenders shall not make amendments or modifications to the definition of "Borrowing Base", or any of the component definitions thereof, or increase the percentage advance rates thereunder above the rates in effect on the Closing Date, or release or decrease the Availability Reserve, in each case, in a manner which would result in a greater amount of credit being provided to the Borrower as an advance against the Borrowing Base; PROVIDED, however, the Revolving Agent's discretion to establish and release reserves (other than the Availability Reserve), decrease advances rates and to determine eligibility shall not be limited.
Modifications to Revolving Credit Agreement. The Term Loan Agent agrees, with respect to the Bank Debt, the Revolving Credit Agreement and the other Loan Documents and any and all collateral therefor or guaranties thereof, that the Credit Parties and the Revolving Lenders may, subject to the provisions of SECTION 6.2, agree to modify the terms of any of the Bank Debt, and the Revolving Lenders may, subject to the provisions of SECTION 6.2, grant extensions of the time of payment or performance to and make compromises, including releases of Collateral or guaranties, and settlements with the Credit Parties and all other persons, in each case without the consent of the Term Loan Agent or the Credit Parties and without affecting the agreements of the Term Loan Agent contained in this Intercreditor Agreement. If the Revolving Lenders should amend or waive any provision of the Loan Documents, whether or not any Revolving Lender has knowledge that such amendment or waiver would result in a breach of any Term Loan Documents or a Term Loan Event of Default, or act, condition or event which with notice or passage of time or both would constitute a Term Loan Event of Default, in no event shall any Revolving Lender have any liability to the Term Loan Agent or any Term Loan Lender as a result of such breach.

Related to Modifications to Revolving Credit Agreement

  • Revolving Credit Agreement The Agent shall have received this Agreement duly executed and delivered by each of the Banks and the Company and each of the Banks shall have received a fully executed Committed Note and a fully executed Bid Note, if such Notes are requested by any Bank pursuant to Section 12.9.

  • Specific Amendments to Credit Agreement Upon the effectiveness of this Amendment, the parties hereto agree that the Credit Agreement shall be amended as follows: (a) The Credit Agreement is amended by adding the following definitions to Section 1.01 thereof in the appropriate alphabetical location:

  • Amendments to Existing Credit Agreement Effective on (and subject to the occurrence of) the Effective Date, the Existing Credit Agreement is hereby amended in accordance with this Part II. Except as so amended, the Existing Credit Agreement shall continue in full force and effect.

  • Amendments to Credit Agreement (a) Section 1.01 of the Credit Agreement is hereby amended by adding the following definitions in the appropriate alphabetical order:

  • Existing Credit Agreement On the date of this Agreement, the Existing Credit Agreement shall be amended and restated in its entirety by this Agreement, and the Existing Credit Agreement shall be replaced hereby; provided that the Borrower, the Administrative Agent and the Lenders agree that on the date of the initial funding of Loans hereunder, the loans and other Indebtedness of the Borrower under the Existing Credit Agreement shall be renewed, rearranged, modified and extended with the proceeds of the initial funding and the “Commitments” of the lenders under the Existing Credit Agreement shall be superseded by this Agreement and terminated. This Agreement is not in any way intended to constitute a novation of the obligations and liabilities existing under the Existing Credit Agreement or evidence payment of all or any portion of such obligations and liabilities. The terms and conditions of this Agreement and the Administrative Agent’s, the Lenders’ and the Issuing Banks’ rights and remedies under this Agreement and the other Loan Documents shall apply to all of the Indebtedness incurred under the Existing Credit Agreement and in respect of the Existing Letters of Credit. The undersigned hereby waive (i) any right to receive any notice of such termination, (ii) any right to receive any notice of prepayment of amounts owed under the Existing Credit Agreement, and (iii) any right to receive compensation under Section 5.02 of the Existing Credit Agreement in respect of Eurodollar Loans outstanding under the Existing Credit Agreement resulting from such rearrangement. Each Lender that was a party to the Existing Credit Agreement hereby agrees to return to the Borrower, with reasonable promptness, any promissory note delivered by the Borrower to such Lender in connection with the Existing Credit Agreement.

  • Application to Revolving Credit Loans With respect to each prepayment of Revolving Credit Loans, the Borrower may designate (i) the Types of Loans that are to be prepaid and the specific Borrowing(s) pursuant to which made and (ii) the Revolving Loans to be prepaid, provided that (y) each prepayment of any Loans made pursuant to a Borrowing shall be applied pro rata among such Loans; and (z) notwithstanding the provisions of the preceding clause (y), no prepayment of Revolving Loans shall be applied to the Revolving Credit Loans of any Defaulting Lender unless otherwise agreed in writing by the Borrower. In the absence of a designation by the Borrower as described in the preceding sentence, the Administrative Agent shall, subject to the above, make such designation in its reasonable discretion with a view, but no obligation, to minimize breakage costs owing under Section 2.11.

  • Amendment of the Credit Agreement Effective as of the Amendment Effective Date, the Credit Agreement is hereby amended as follows: (a) The following definitions are added in the appropriate alphabetical order to Section 1.01 of the Credit Agreement:

  • Amendment to Credit Agreement (a) As of the Effective Date (as defined herein), Section 1.1 of the Credit Agreement is hereby amended by adding the following definitions in their appropriate alphabetical order:

  • Credit Agreement Amendments The Credit Agreement is hereby amended as follows:

  • Disbursement of Revolving Credit and Swingline Loans Not later than 2:00 p.m. on the proposed borrowing date, (i) each Revolving Credit Lender will make available to the Administrative Agent, for the account of the Borrower, at the office of the Administrative Agent in funds immediately available to the Administrative Agent, such Revolving Credit Lender’s Revolving Credit Commitment Percentage of the Revolving Credit Loans to be made on such borrowing date and (ii) the Swingline Lender will make available to the Administrative Agent, for the account of the Borrower, at the office of the Administrative Agent in funds immediately available to the Administrative Agent, the Swingline Loans to be made on such borrowing date. The Borrower hereby irrevocably authorizes the Administrative Agent to disburse the proceeds of each borrowing requested pursuant to this Section in immediately available funds by crediting or wiring such proceeds to the deposit account of the Borrower identified in the most recent notice substantially in the form attached as Exhibit C (a “Notice of Account Designation”) delivered by the Borrower to the Administrative Agent or as may be otherwise agreed upon by the Borrower and the Administrative Agent from time to time. Subject to Section 5.7 hereof, the Administrative Agent shall not be obligated to disburse the portion of the proceeds of any Revolving Credit Loan requested pursuant to this Section to the extent that any Revolving Credit Lender has not made available to the Administrative Agent its Revolving Credit Commitment Percentage of such Loan. Revolving Credit Loans to be made for the purpose of refunding Swingline Loans shall be made by the Revolving Credit Lenders as provided in Section 2.2(b).

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