Common use of Notice and Manner of Borrowings Clause in Contracts

Notice and Manner of Borrowings. Subject to the terms and conditions hereof, the Bank shall make revolving loans to a Borrower, on behalf of any Fund, under the Committed Line (each such loan, a “Loan”) up to a maximum aggregate principal amount outstanding at any one time equal to the Committed Line Amount; provided that, in each case after giving effect to the requested Loan, (i) the aggregate outstanding Indebtedness for borrowed money of such Fund (including the aggregate principal amount of all Loans outstanding to such Fund) shall not exceed the Maximum Amount applicable to such Fund, (ii) the aggregate principal amount of Loans outstanding to such Fund hereunder shall not exceed the Committed Line Amount, and (iii) the aggregate principal amount of Loans outstanding to all Borrowers on behalf of all Funds hereunder shall not exceed the Committed Line Amount. Each request for a Loan hereunder, shall be in a minimum amount of $100,000 or an integral of $100,000 in excess thereof and shall be made in writing by any Borrower, on behalf of a Fund, by delivering a completed loan request January 28, 2015 in the form of Exhibit B attached hereto and such other information or documentation as the Bank may reasonably request. Each such Loan request shall be made by any Borrower, on behalf of a Fund, and received by the Bank not later than 3:00 p.m., Boston time, on the Business Day on which such Loan is to be made. Each Loan request hereunder shall be deemed to be a confirmation by the applicable Borrower, on behalf of the applicable Fund, that no Default or Event of Default has occurred and is continuing hereunder with respect to such Borrower or such Fund, that the representations and warranties of the Borrower, on behalf of such Fund, described below remain true and correct, and that no borrowing limitations or restrictions applicable to such Fund or the Committed Line (including those set forth in the provisos above in this Section) will be exceeded after giving effect to the requested Loan, each of which shall be a precondition to the making of any Loan hereunder.

Appears in 5 contracts

Samples: Thirteenth Amendment to the Baron Family of Funds $200,000,000 Committed Line of Credit (BARON INVESTMENT FUNDS TRUST (F/K/a BARON ASSET FUND)), Twelfth Amendment to the Baron Family of Funds $200,000,000 Committed Line of Credit (BARON INVESTMENT FUNDS TRUST (F/K/a BARON ASSET FUND)), Eleventh Amendment to the Baron Family of Funds $200,000,000 Committed Line of Credit (BARON INVESTMENT FUNDS TRUST (F/K/a BARON ASSET FUND))

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Notice and Manner of Borrowings. Subject In the sole and absolute discretion of the Bank, and in any event subject to the terms and conditions hereof, the Bank shall may make revolving loans to a Borrower, Borrower on behalf of any Fund, Fund under the Committed Uncommitted Line (each such loan, a “Loan”) up to a maximum aggregate principal amount outstanding at any one time equal to the Committed Line Amount); provided that, in each case after giving effect to the requested Loan, (i) the aggregate outstanding Indebtedness for borrowed money of such Fund (including the aggregate principal amount of all Loans outstanding to such Fund) shall not exceed the Maximum Amount applicable to such Fund, (ii) the aggregate principal amount of Loans outstanding to such Fund hereunder shall not exceed the Committed Uncommitted Line Amount, and (iii) the aggregate principal amount of Loans outstanding to all Borrowers on behalf of all Funds hereunder shall not exceed the Committed Uncommitted Line Amount. Each request for a Loan hereunder, shall be in a minimum amount of $100,000 or an integral of $100,000 in excess thereof and shall be made in writing by any Borrower, Borrower on behalf of a Fund, Fund by delivering a completed loan request January 28, 2015 in the form of Exhibit B attached hereto and such other information or documentation as the Bank may reasonably request. Each such Loan request shall be made by any Borrower, Borrower on behalf of a Fund, Fund and received by the Bank not later than 3:00 p.m., Boston time, on the Business Day on which such Loan is to be made. Each Loan request Each of the Borrowers listed on Appendix I hereto September 19, 2005 hereunder shall be deemed to be a confirmation by the applicable Borrower, Borrower on behalf of the applicable Fund, Fund that no Default or Event of Default has occurred and is continuing hereunder with respect to such Borrower or such the Fund, that the representations and warranties of the Borrower, Borrower on behalf of such Fund, the Fund described below remain true and correct, and that no borrowing limitations or restrictions applicable to such the Fund or the Committed Uncommitted Line (including those set forth in clauses (i) through (iv) of the provisos proviso above in this Section) will be exceeded after giving effect to the requested Loan, each of which shall be a precondition to the making of any Loan hereunder. Notwithstanding the foregoing, each of the Borrowers agrees and understands that the making of any Loan hereunder shall remain in the sole and absolute discretion of the Bank and the Bank shall have no commitment with respect thereto.

Appears in 4 contracts

Samples: Loan Agreement (Columbia Funds Series Trust), Loan Agreement (Columbia Funds Series Trust I), Loan Agreement (Columbia Funds Variable Insurance Trust I)

Notice and Manner of Borrowings. Subject In the sole and absolute discretion of the Bank, and in any event subject to the terms and conditions hereof, the Bank shall may make revolving loans to a Borrower, Borrower on behalf of any Fund, Fund under the Committed Uncommitted Line (each such loan, a “Loan”) up to a maximum aggregate principal amount outstanding at any one time equal to the Committed Line Amount); provided that, in each case after giving effect to the requested Loan, (i) the aggregate outstanding Indebtedness for borrowed money of such Fund (including including, but not limited to, the aggregate principal amount of all Loans outstanding to such Fund, loans under the Committed Credit Facility or overdrafts made by the Custodian and outstanding to such Fund) shall not exceed the Maximum Amount applicable to such Fund, (ii) the aggregate principal amount of Loans outstanding to such Fund hereunder shall not exceed the Committed Uncommitted Line Amount, and (iii) the aggregate principal amount of Loans outstanding to all Borrowers on behalf of all Funds hereunder shall not exceed the Committed Uncommitted Line Amount. Each request for a Loan hereunder, shall be in a minimum amount of $100,000 or an integral of $100,000 in excess thereof and shall be made in writing by any Borrower, Borrower on behalf of a Fund, Fund by delivering a completed loan request January 28, 2015 in the form of Exhibit B attached hereto and such other information or documentation as the Bank may reasonably request. Each such Loan request shall be made by any Borrower, Borrower on behalf of a Fund, Fund and received by the Bank not later than 3:00 p.m., Boston time, on the Business Day on which such Loan is to be made. Each Loan request hereunder shall be deemed to be a confirmation by the applicable Borrower, Borrower on behalf of the applicable Fund, Fund that no Default or Event of Default has occurred and is continuing hereunder with respect to such Borrower or such the Fund, that the representations and warranties of the Borrower, Borrower on behalf of such Fund, the Fund described below remain true and correct, and that no borrowing limitations or restrictions applicable to such the Fund or the Committed Uncommitted Line (including those set forth in clauses (i) through (iii) of the provisos proviso above in this Section) will be exceeded after giving effect to the requested Loan, each of which shall be a precondition to the making of any Loan hereunder.. Notwithstanding the foregoing, each of the Borrowers agrees and understand that the making of any Loan hereunder shall remain in the sole and absolute discretion of the Bank and the Bank shall have no commitment with respect thereto and the Bank may make demand any time for the repayment of any outstanding Loans. Credit Suisse Family of Funds November 3, 2017

Appears in 3 contracts

Samples: Sixth Amendment to the Credit Suisse Family of Funds $200,000,000 Uncommitted Discretionary Demand Line of Credit (Credit Suisse Opportunity Funds), Fifth Amendment to the Credit Suisse Family of Funds $200,000,000 Uncommitted Discretionary Demand Line of Credit (Credit Suisse Opportunity Funds), Third Amendment to the Credit Agreement (Credit Suisse Opportunity Funds)

Notice and Manner of Borrowings. Subject to the terms and conditions hereof, the Bank shall make revolving loans to a Borrower, on behalf of any Fund, under the Committed Line (each such loan, a “Loan”) up to a maximum aggregate principal amount outstanding at any one time equal to the Committed Line Amount; provided that, in each case after giving effect to the requested Loan, (i) the aggregate outstanding Indebtedness for borrowed money of such Fund (including the aggregate principal amount of all Loans outstanding to such Fund) shall not exceed the Maximum Amount applicable to such Fund, (ii) the aggregate principal amount of Loans outstanding to such Fund hereunder shall not exceed the Committed Line Amount, and (iii) the aggregate principal amount of Loans outstanding to all Borrowers on behalf of all Funds hereunder January 28, 2015 shall not exceed the Committed Line Amount. Each request for a Loan hereunder, shall be in a minimum amount of $100,000 or an integral of $100,000 in excess thereof and shall be made in writing by any Borrower, on behalf of a Fund, by delivering a completed loan request January 28, 2015 in the form of Exhibit B attached hereto and such other information or documentation as the Bank may reasonably request. Each such Loan request shall be made by any Borrower, on behalf of a Fund, and received by the Bank not later than 3:00 p.m., Boston time, on the Business Day on which such Loan is to be made. Each Loan request hereunder shall be deemed to be a confirmation by the applicable Borrower, on behalf of the applicable Fund, that no Default or Event of Default has occurred and is continuing hereunder with respect to such Borrower or such Fund, that the representations and warranties of the Borrower, on behalf of such Fund, described below remain true and correct, and that no borrowing limitations or restrictions applicable to such Fund or the Committed Line (including those set forth in the provisos above in this Section) will be exceeded after giving effect to the requested Loan, each of which shall be a precondition to the making of any Loan hereunder.

Appears in 2 contracts

Samples: Ninth Amendment to the Baron Family of Funds $200,000,000 Committed Line of Credit (Baron Select Funds), Ninth Amendment to the Baron Family of Funds $200,000,000 Committed Line of Credit (BARON INVESTMENT FUNDS TRUST (F/K/a BARON ASSET FUND))

Notice and Manner of Borrowings. Subject to the terms and conditions hereof, the Bank shall make revolving loans to a Borrower, Borrower on behalf of any Fund, Fund under the Committed Line (each such loan, a "Loan”) up to a maximum aggregate principal amount outstanding at any one time equal to the Committed Line Amount"); provided that, in each case after giving effect to the requested Loan, (i) the aggregate outstanding Indebtedness for borrowed money of such Fund (including including, but not limited to, the aggregate principal amount of all Loans outstanding to such Fund, the aggregate principal amount of loans outstanding to such Fund, if any, under the Uncommitted Credit Facility or overdrafts made by the Custodian and outstanding to such Fund) shall not exceed the Maximum Amount applicable to such Fund, (ii) the aggregate principal amount of Loans outstanding to such Fund hereunder shall not exceed the Committed Line Amount, and (iii) the aggregate principal amount of Loans outstanding to all Borrowers on behalf of all Funds hereunder shall not exceed the Committed Line Amount. Each request for a Loan hereunder, shall be in a minimum amount of $100,000 or an integral of $100,000 in excess thereof and shall be made in writing by any Borrower, Borrower on behalf of a Fund, Fund by delivering a completed loan request January 28, 2015 in the form of Exhibit B attached hereto and such other information or documentation as the Bank may reasonably request. Each such Loan request shall be made by any Borrower, Borrower on behalf of a Fund, Fund and received by the Bank not later than 3:00 p.m., Boston time, on the Business Day on which such Loan is to be made. Each Loan request hereunder shall be deemed to be a confirmation by the applicable Borrower, Borrower on behalf of the applicable Fund, Fund that no Default or Event of Default has occurred and is continuing hereunder with respect to such Borrower or such the Fund, that the representations and warranties of the Borrower, Borrower on behalf of such Fund, the Fund described below remain true and correct, and that no borrowing limitations or restrictions applicable to such the Fund or the Committed Line (including those set forth in clauses (i) through (iii) of the provisos proviso above in this Section) will be exceeded after giving effect to the requested Loan, each of which shall be a precondition to the making of any Loan hereunder.

Appears in 2 contracts

Samples: Sixteenth Amendment to the Credit Suisse Family of Funds $250,000,000 Committed Line of Credit (Credit Suisse Commodity Strategy Funds), Sixteenth Amendment to the Credit Suisse Family of Funds $250,000,000 Committed Line of Credit (Credit Suisse Opportunity Funds)

Notice and Manner of Borrowings. Subject to the terms and conditions hereof, the Bank shall make revolving loans to a Borrower, on behalf of any Fund, under the Committed Line (each such loan, a “Loan”) up to a maximum aggregate principal amount outstanding at any one time equal to the Committed Line Amount; provided that, in each case after giving effect to the requested Loan, (i) the aggregate outstanding Indebtedness for borrowed money of such Fund (including the aggregate principal amount of all Loans outstanding to such Fund) shall not exceed the Maximum Amount applicable to such Fund, (ii) the aggregate principal amount of January 28, 2015 Loans outstanding to such Fund hereunder shall not exceed the Committed Line Amount, and (iii) the aggregate principal amount of Loans outstanding to all Borrowers on behalf of all Funds hereunder shall not exceed the Committed Line Amount. Each request for a Loan hereunder, shall be in a minimum amount of $100,000 or an integral of $100,000 in excess thereof and shall be made in writing by any Borrower, on behalf of a Fund, by delivering a completed loan request January 28, 2015 in the form of Exhibit B attached hereto and such other information or documentation as the Bank may reasonably request. Each such Loan request shall be made by any Borrower, on behalf of a Fund, and received by the Bank not later than 3:00 p.m., Boston time, on the Business Day on which such Loan is to be made. Each Loan request hereunder shall be deemed to be a confirmation by the applicable Borrower, on behalf of the applicable Fund, that no Default or Event of Default has occurred and is continuing hereunder with respect to such Borrower or such Fund, that the representations and warranties of the Borrower, on behalf of such Fund, described below remain true and correct, and that no borrowing limitations or restrictions applicable to such Fund or the Committed Line (including those set forth in the provisos above in this Section) will be exceeded after giving effect to the requested Loan, each of which shall be a precondition to the making of any Loan hereunder.

Appears in 2 contracts

Samples: Eighth Amendment to the Baron Family of Funds $100,000,000 Committed Line of Credit (BARON INVESTMENT FUNDS TRUST (F/K/a BARON ASSET FUND)), Seventh Amendment to the Baron Family of Funds $100,000,000 Committed Line of Credit (Baron Select Funds)

Notice and Manner of Borrowings. Subject to the terms and conditions hereof, the Bank shall make revolving loans to a Borrower, Borrower on behalf of any Fund, Fund under the Committed Line (each such loan, a "Loan”) up to a maximum aggregate principal amount outstanding at any one time equal to the Committed Line Amount"); provided that, in each case after giving effect to the requested Loan, (i) the aggregate outstanding Indebtedness for borrowed money of such Fund (including including, but not limited to, the aggregate principal amount of all Loans outstanding to such Fund, the aggregate principal amount of loans outstanding to such Fund, if any, under the Uncommitted Credit Facility or overdrafts made by the Custodian and outstanding to such Fund) shall not exceed the Maximum Amount applicable to such Fund, (ii) the aggregate principal amount of Loans outstanding to such Fund hereunder shall not exceed (A) in the case of all Funds other than Credit Suisse Floating Rate High Income Fund, $125,000,000 and (B) in the case of Credit Suisse Floating Rate High Income Fund, the Committed Line Amount, and (iii) the aggregate principal amount of all Loans outstanding to (A) all Borrowers on behalf of all Funds hereunder, other than the High Commitment Borrower, shall not exceed $125,000,000 and (B) the High Commitment Borrower hereunder shall not exceed the Committed Line Amount. Each request for a Loan hereunder, shall be in a minimum amount of $100,000 or an integral of $100,000 in excess thereof and shall be made in writing by any Borrower, Borrower on behalf of a Fund, Fund by delivering a completed loan request January 28, 2015 in the form of Exhibit B attached hereto and such other information or documentation as the Bank may reasonably request. Each such Loan request shall be made by any Borrower, Borrower on behalf of a Fund, Fund and received by the Bank not later than 3:00 p.m., Boston time, on the Business Day on which such Loan is to be made. Each Loan request hereunder shall be deemed to be a confirmation by the applicable Borrower, Borrower on behalf of the applicable Fund, Fund that no Default or Event of Default has occurred and is continuing hereunder with respect to such Borrower or such the Fund, that the representations and warranties of the Borrower, Borrower on behalf of such Fund, the Fund described below remain true and correct, and that no borrowing limitations or restrictions applicable to such the Fund or the Committed Line (including those set forth in clauses (i) through (iii) of the provisos proviso above in this Section) will be exceeded after giving effect to the requested Loan, each of which shall be a precondition to the making of any Loan hereunder.. Credit Suisse Family of Funds June 10, 2009

Appears in 1 contract

Samples: Twenty First Amendment to the Credit Suisse Family of Funds $250,000,000 Committed Line of Credit (Credit Suisse Trust)

Notice and Manner of Borrowings. Subject In the sole discretion of the Bank, and in any event, subject to the terms and conditions hereof, the Bank shall will make revolving loans to a Borrower, the Borrower on behalf of any Fund, its Funds under the Committed Uncommitted Line (each such loan, a "Loan") up not to a maximum exceed in the aggregate principal amount outstanding hereunder at any one time equal with respect to any Fund the Committed Line Amount; provided that, in each case lesser of (a) $100,000,000 or (b) the lesser of (i) 33.33% of the Adjusted Net Assets of the Fund for which a Loan is extended (after giving effect to the requested Loan) or (ii) the maximum amount which the Borrower or the Fund for which a Loan is made is permitted to borrow at any time or in the aggregate pursuant to the Prospectus, the Investment Company Act or any registration made thereunder, any vote of the shareholders of the Borrower or such Fund, any agreement of the Borrower or such Fund with any foreign, federal, state or local securities division to which the Borrower is subject, any other applicable agreement or document to which the Borrower or such Fund is a party or any law, rule or regulation applicable to the Borrower or such Fund (ithe lesser of (a) and (b), the "Maximum Facility Amount"). Notwithstanding the foregoing, at no time shall the aggregate outstanding Indebtedness for borrowed money of such Fund (including the aggregate principal amount of all Loans outstanding to such Fund) shall not exceed the Maximum Amount applicable to such Fund, (ii) the aggregate principal amount of Loans outstanding to such Fund hereunder shall not exceed the Committed Line Amount, and (iii) the aggregate principal amount of Loans outstanding to all Borrowers on behalf of all Funds hereunder shall not exceed $100,000,000 (the Committed "Uncommitted Line Amount"). Each request for a Loan hereunder, shall be in a minimum amount of $100,000 or an integral of $100,000 in excess thereof and shall be made in writing by any Borrower, the Borrower on behalf of a Fund, Fund by delivering a completed loan request January 28, 2015 in the form of Exhibit B attached hereto and such other information or documentation as the Bank may reasonably request. Each such Loan request shall be made by any Borrower, on behalf of a Fund, the Borrower and received by the Bank not later than 3:00 p.m., p.m. Boston time, time on the Business Day on which such Loan is to be made. Each Loan request hereunder shall be deemed to be a confirmation by the applicable Borrower, on behalf of the applicable Fund, Borrower that no Default or Event of Default has occurred and is continuing hereunder with respect to such Borrower or such Fundthe Borrower, that the representations and warranties of the BorrowerBorrower and the Fund for which a Loan is made, on behalf of such Fundas described below, described below remain true and correct, correct and that no borrowing limitations or restrictions applicable to the Borrower or such Fund or the Committed Line (including those set forth in the provisos above in this Section) will be exceeded after giving effect to the requested Loan, each of which shall be a precondition to the making of any Loan hereunder. Notwithstanding the foregoing, the Borrower agrees and understands that the making of any Loan hereunder shall remain in the sole and absolute discretion of the Bank and the Bank shall have no commitment with respect thereto.

Appears in 1 contract

Samples: Loan Facility (Sr&f Base Trust)

Notice and Manner of Borrowings. Subject to the terms and conditions hereof, the Bank shall make revolving loans to a Borrower, Borrower on behalf of any Fund, Fund under the Committed Line (each such loan, a “Loan”) up to a maximum aggregate principal amount outstanding at any one time equal to the Committed Line Amount); provided that, in each case after giving effect to the requested Loan, (i) the aggregate outstanding Indebtedness for borrowed money of such Fund (including including, but not limited to, the aggregate principal amount of all Loans outstanding to such Fund, the aggregate principal amount of loans outstanding to such Fund, if any, under the Uncommitted Credit Facility or overdrafts made by the Custodian and outstanding to such Fund) shall not exceed the Maximum Amount applicable to such Fund, (ii) the aggregate principal amount of Loans outstanding to such Fund hereunder shall not exceed the Committed Line Amount, and (iii) the aggregate principal amount of Loans outstanding to all Borrowers on behalf of all Funds hereunder shall not exceed the Committed Line Amount. Each request for a Loan hereunder, shall be in a minimum amount of $100,000 or an integral of $100,000 in excess thereof and shall be made in writing by any Borrower, Borrower on behalf of a Fund, Fund by delivering a completed loan request January 28, 2015 in the form of Exhibit B attached hereto and such other information or documentation as the Bank may reasonably request. Each such Loan request shall be made by any Borrower, Borrower on behalf of a Fund, Fund and received by the Bank not later than 3:00 p.m., Boston time, on the Business Day on which such Loan is to be made. Each Loan request hereunder shall be deemed to be a confirmation by the applicable Borrower, Borrower on behalf of the applicable Fund, Fund that no Default or Event of Default has occurred and is continuing hereunder with respect to such Borrower or such the Fund, that the representations and warranties of the Borrower, Borrower on behalf of such Fund, the Fund described below remain true and correct, and that no borrowing limitations or restrictions applicable to such the Fund or the Committed Line (including those set forth in clauses (i) through (iii) of the provisos proviso above in this Section) will be exceeded after giving effect to the requested Loan, each of which shall be a precondition to the making of any Loan hereunder.

Appears in 1 contract

Samples: Seventeenth Amendment to the Credit Suisse Family of Funds $250,000,000 Committed Line of Credit (Credit Suisse Trust)

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Notice and Manner of Borrowings. Subject to the terms and ------------------------------- conditions hereof, hereof the Bank shall will make revolving loans to a Borrower, on behalf of any Fund, the Borrower under the Committed Line (each such loan, a "Loan") up not to a maximum exceed in the aggregate principal amount outstanding hereunder at any one time equal to the least of (a) $25,000,000 (the "Committed Line Amount; provided that"), in each case or (b) 25% of the Adjusted Net Assets of the Borrower (after giving effect to the requested Loan) based upon the current market value of the Borrower's assets determined with reference to daily prices provided by independent pricing sources at the time the Loan is to be made, or (c) the maximum amount which the Borrower is permitted to borrow at any time or in the aggregate pursuant to the Prospectus, the Investment Company Act or any registration made thereunder, any vote of the shareholders of the Borrower, any agreement of the Borrower with any foreign, federal, state or local securities division to which the Borrower is subject, any other applicable agreement or document to which the Borrower is a party or any law, rule or regulation applicable to the Borrower (the least of (a), (i) the aggregate outstanding Indebtedness for borrowed money of such Fund (including the aggregate principal amount of all Loans outstanding to such Fund) shall not exceed the Maximum Amount applicable to such Fund, (ii) the aggregate principal amount of Loans outstanding to such Fund hereunder shall not exceed the Committed Line Amountb), and (iiic) the aggregate principal amount of Loans outstanding to all Borrowers on behalf of all Funds hereunder shall not exceed the Committed Line "Maximum Facility Amount"). Each request for a Loan hereunder, shall be in a minimum amount of $100,000 or an integral of $100,000 in excess thereof and shall be made in writing by any Borrower, on behalf of a Fund, the Borrower by delivering a completed loan request January 28, 2015 in the form of Exhibit B attached hereto and such other information or documentation as the Bank may reasonably request. Each such Loan request shall be made by any Borrower, on behalf of a Fund, the Borrower and received by the Bank not later than 3:00 p.m., p.m. Boston time, time on the Business Day on which such Loan is to be made. Each Loan request hereunder shall be deemed to be a confirmation by the applicable Borrower, on behalf of the applicable Fund, Borrower that no Default or Event of Default has occurred and The Asia Pacific Fund, Inc. is continuing hereunder with respect to such Borrower or such Fundthe Borrower, that the representations and warranties of the Borrower, on behalf of such Fund, Borrower described below remain true and correct, correct and that no borrowing limitations or restrictions applicable to such Fund or the Committed Line (including those set forth in the provisos above in this Section) Borrower will be exceeded after giving effect to the requested Loan, each of which shall be a precondition to the making of any Loan hereunder.

Appears in 1 contract

Samples: Loan Agreement (Asia Pacific Fund Inc)

Notice and Manner of Borrowings. Subject to the terms and conditions hereof, the Bank shall make revolving loans to a Borrower, Borrower on behalf of any Fund, Fund under the Committed Line (each such loan, a "Loan”) up to a maximum aggregate principal amount outstanding at any one time equal to the Committed Line Amount"); provided that, in each case after giving effect to the requested Loan, (i) the aggregate outstanding Indebtedness for borrowed money of such Fund (including including, but not limited to, the aggregate principal amount of all Loans outstanding to such Fund, the aggregate principal amount of loans outstanding to such Fund, if any, under the Uncommitted Credit Facility or overdrafts made by the Custodian and outstanding to such Fund) shall not exceed the Maximum Amount applicable to such Fund, (ii) the aggregate principal amount of Loans outstanding to such Fund hereunder shall not exceed (A) in the case of all Funds other than Credit Suisse Floating Rate High Income Fund, $125,000,000 and (B) in the case of Credit Suisse Floating Rate High Income Fund, the Committed Line Amount, and (iii) the aggregate principal amount of all Loans outstanding to (A) all Borrowers on behalf of all Funds hereunder, other than the High Commitment Borrower, shall not exceed $125,000,000 and (B) the High Commitment Borrower hereunder shall not exceed the Committed Line Amount. Each request for a Loan hereunder, shall be in a minimum amount of $100,000 or an integral of $100,000 in excess thereof and shall be made in writing by any Borrower, Borrower on behalf of a Fund, Fund by delivering a completed loan request January 28, 2015 in the form of Exhibit B attached hereto and such other information or documentation as the Bank may reasonably request. Each such Loan request shall be made by any Borrower, Borrower on behalf of a Fund, Fund and received by the Bank not later than 3:00 p.m., Boston time, on the Business Day on which such Loan is to be made. Each Loan request hereunder shall be deemed to be a confirmation by the applicable Borrower, Borrower on behalf of the applicable Fund, Fund that no Default or Event of Default has occurred and is continuing hereunder with respect to such Borrower or such the Fund, that the representations and warranties of the Borrower, Borrower on behalf of such Fund, the Fund described below remain true and correct, and that no borrowing limitations or restrictions applicable to such the Fund or the Committed Line (including those set forth in clauses (i) through (iii) of the provisos proviso above in this Section) will be exceeded after giving effect to the requested Loan, each of which shall be a precondition to the making of any Loan hereunder.

Appears in 1 contract

Samples: Twentieth Amendment to the Credit Suisse Family of Funds $250,000,000 Committed Line of Credit (Credit Suisse Trust)

Notice and Manner of Borrowings. Subject to the terms and conditions hereof, the Bank shall will make revolving loans to a Borrower, Borrower on behalf of any Fund, a Fund under the Committed Line (each such loan, a "Loan") up not to a maximum exceed in the aggregate principal amount outstanding hereunder at any one time equal to the least of (a) $75,000,000 (the "Committed Line Amount"); provided thator (b) the maximum amount which the Borrower or Fund is permitted to borrow (i) pursuant to the Prospectus, in each case the Investment Company Act or any registration made thereunder, any vote of the shareholders of the Borrower or Fund, any agreement of the Borrower or Fund with any foreign, federal, state or local securities division to which the Borrower or Fund is subject, any other applicable agreement or document to which the Borrower or Fund is a party or any law, rule or regulation applicable to the Borrower or Fund, or (ii) 15% of the value of the total assets of the Fund for which a Loan is extended (after giving effect to the requested Loan, (i) based upon the aggregate outstanding Indebtedness for borrowed money current market value of such Fund Fund's assets determined with reference to daily prices provided by independent pricing sources at the time the Loan is to be made (including the aggregate principal amount least of all Loans outstanding to such Fund(a) shall not exceed or (b), the "Maximum Amount applicable to such Fund, (ii) the aggregate principal amount of Loans outstanding to such Fund hereunder shall not exceed the Committed Line Facility Amount, and (iii) the aggregate principal amount of Loans outstanding to all Borrowers on behalf of all Funds hereunder shall not exceed the Committed Line Amount"). Each request for a Loan hereunder, shall be in a minimum amount of $100,000 or an integral of $100,000 in excess thereof and shall be made in writing by any Borrower, the Borrower on behalf of a Fund, Fund by delivering a completed loan request January 28, 2015 in the form of Exhibit B attached hereto and such other information or documentation as the Bank may reasonably request. Each such Loan request shall be made by any Borrower, the Borrower on behalf of a Fund, the Fund and received by the Bank not later than 3:00 p.m., 4:00 p.m. Boston time, time on the Business Day on which such Loan is to be made. Each Loan request hereunder shall be deemed to be a confirmation by the applicable Borrower, Borrower on behalf of the applicable Fund, Fund that no Default or Event of Default has occurred and is continuing hereunder with respect to such Borrower or such the Fund, that the representations and warranties of the Borrower, Borrower on behalf of such Fund, the Fund described below remain true and correct, correct and that no borrowing limitations or restrictions applicable to such the Fund or the Committed Line (including those set forth in the provisos above in this Section) will be exceeded after giving effect to the requested Loan, each of which shall be a precondition to the making of any Loan hereunder.

Appears in 1 contract

Samples: Loan Agreement (Aal Mutual Funds)

Notice and Manner of Borrowings. Subject In the sole and absolute discretion of the Bank, and in any event subject to the terms and conditions hereof, the Bank shall may make revolving loans to a Borrower, Borrower on behalf of any Fund, Fund under the Committed Uncommitted Line (each such loan, a “Loan”) up to a maximum aggregate principal amount outstanding at any one time equal to the Committed Line Amount); provided that, in each case after giving effect to the requested Loan, (i) the aggregate outstanding Indebtedness for borrowed money of such Fund (including the aggregate principal amount of all Loans outstanding to such Fund) shall not exceed the Maximum Amount applicable to such Fund, (ii) the aggregate principal amount of Loans outstanding to such Fund hereunder shall not exceed the Committed Uncommitted Line Amount, and (iii) the aggregate principal amount of Loans outstanding to all Borrowers on behalf of all Funds hereunder shall not exceed the Committed Uncommitted Line Amount. Each request for a Loan hereunder, shall be in a minimum amount of $100,000 or an integral of $100,000 in excess thereof and hereunder shall be made in writing by any Borrower, Borrower on behalf of a Fund, Fund by delivering a completed loan request January 28, 2015 in the form of Exhibit B attached hereto and such other information or documentation as the Bank may reasonably request. Each such Loan request shall be made by any Borrower, Borrower on behalf of a Fund, Fund and received by the Bank not later than 3:00 p.m., Boston time, on the Business Day on which such Loan is to be made. Each Loan request hereunder shall be deemed to be a confirmation by the applicable Borrower, Borrower on behalf of the applicable Fund, Fund that no Default or Event of Default has occurred and is continuing hereunder with respect to such Borrower or such the Fund, that the representations and warranties of the Borrower, Borrower on behalf of such Fund, the Fund described below remain true and correctcorrect in all material respects, and that no borrowing limitations or restrictions applicable to such the Fund or the Committed Uncommitted Line (including those set forth in clauses (i) through (iii) of the provisos proviso above in this Section) will be exceeded after giving effect to the requested Loan, each of which shall be a precondition to the making of any Loan hereunder. Notwithstanding the foregoing, each of the Borrowers agrees and understands that the making of any Loan hereunder shall remain in the sole and absolute discretion of the Bank and the Bank shall have no commitment with respect thereto.

Appears in 1 contract

Samples: Loan Agreement (Columbia Funds Series Trust)

Notice and Manner of Borrowings. Subject to the terms and conditions hereof, the Bank shall will make revolving loans to a Borrower, on behalf of any Fund, the Borrower under the Committed Line (each such loan, a "Loan") up not to a maximum exceed in the aggregate principal amount outstanding hereunder at any one time equal to the Committed Line Amount; provided thatleast of (a) $5,000,000, in each case or (b) after giving effect to the requested Loan, 10% of the value of the total assets of the Borrower less total liabilities not represented by senior securities (ias defined in the Investment Company Act), less the value of any assets pledged to, or otherwise segregated for, the benefit of a party other than the Bank and in connection with a liability not reflected in the calculation of the Borrower's total liabilities; or (c) the aggregate outstanding Indebtedness for borrowed money maximum amount which the Borrower is permitted to borrow pursuant to the Prospectus, the Investment Company Act or any registration made thereunder, any vote of such Fund (including the aggregate principal amount shareholders of all Loans outstanding the Borrower, any agreement of the Borrower with any foreign, federal, state or local securities division to such Fund) shall not exceed which the Maximum Amount Borrower is subject, any other applicable agreement or document to which the Borrower is a party or any law, rule or regulation applicable to such Fundthe Borrower [the least of (a), (iib) or (c), the aggregate principal amount of Loans outstanding to such Fund hereunder shall not exceed the Committed Line "Maximum Facility Amount, and (iii) the aggregate principal amount of Loans outstanding to all Borrowers on behalf of all Funds hereunder shall not exceed the Committed Line Amount"]. Each request for a Loan hereunder, shall be in a minimum amount of $100,000 or an integral of $100,000 in excess thereof and shall be made in writing by any Borrower, on behalf of a Fund, the Borrower by delivering a completed loan request January 28, 2015 for a minimum amount of $10,000.00 and in the form of Exhibit B attached Exhibxx X xxxxxxxd hereto and such other information or documentation as the Bank may reasonably request. Each such Loan request shall be made by any Borrower, on behalf of a Fund, the Borrower and received by the Bank not later than 3:00 p.m., p.m. Boston time, time on the Business Day on which such Loan is to be made. Each Loan request hereunder shall be deemed to be a confirmation by the applicable Borrower, on behalf of the applicable Fund, Borrower that no Default or Event of Default has occurred and is continuing hereunder with respect to such Borrower or such Fundhereunder, that the representations and warranties of the Borrower, on behalf of such Fund, Borrower described below remain true and correct, correct and that no borrowing limitations or restrictions applicable to such Fund or the Committed Line (including those set forth in the provisos above in this Section) Borrower will be exceeded after giving effect to the requested Loan, each of which shall be a precondition to the making of any Loan hereunder.

Appears in 1 contract

Samples: Loan Agreement (Stewart W P & Co Growth Fund Inc)

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