Common use of Offshore Revolving Loan Commitments Clause in Contracts

Offshore Revolving Loan Commitments. Subject to the terms and conditions of this Agreement and in reliance upon the representations and warranties of Borrowers herein set forth, each Offshore Borrower may request, in accordance with the provisions of this subsection 2.1C, that Lenders with a Multicurrency Revolving Loan Commitment make Offshore Revolving Loans. The making of Offshore Revolving Loans shall reduce the availability of Multicurrency Revolving Loans to Xxxxx-Xxxxxxxx on a dollar-for-dollar basis to the extent of the Dollar Equivalent of the Offshore Revolving Loans outstanding. Subject to the limitations set forth below, (a) each Multicurrency Revolving Lender hereby severally agrees to make Australian Revolving Loans to ACI in Dollars, ADollars and Euro from time to time during the period from and including the Closing Date to but excluding the Multicurrency Revolving Loan Commitment Termination Date, in an aggregate amount at any time outstanding not exceeding its Pro Rata Share of the aggregate amount of the Australian Revolving Loan Commitments; (b) each Multicurrency Revolving Lender hereby severally agrees to make Dutch Revolving Loans to OIEG in Dollars, ADollars and Euro from time to time during the period from and including the Closing Date to but excluding the Multicurrency Revolving Loan Commitment Termination Date in an aggregate amount at any time outstanding not exceeding its Pro Rata Share of the aggregate amount of the Dutch Revolving Loan Commitments; (c) each Multicurrency Revolving Lender hereby severally agrees to make Swiss Revolving Loans to OI Europe in Euro from time to time during the period from and including the Closing Date to but excluding the Multicurrency Revolving Loan Commitment Termination Date in an aggregate amount at any time outstanding not exceeding its Pro Rata Share of the aggregate amount of the Swiss Revolving Loan Commitments; and (d) each Multicurrency Revolving Lender hereby severally agrees to make Canadian Revolving Loans to O-I Canada in Dollars from time to time during the period from and including the Closing Date to but excluding the Multicurrency Revolving Loan Commitment Termination Date in an aggregate amount at any time outstanding not exceeding its Pro Rata Share of the aggregate amount of the Canadian Revolving Loan Commitments; provided, however, Lenders shall not be obligated to make Canadian Revolving Loans (and O-I Canada may not request any such Loans) at any time a Canadian Overdraft Agreement is in effect, except to repay the Canadian Overdraft Amount upon notice from the Canadian Overdraft Provider pursuant to subsection 2.1D(ii). The proceeds of all such Offshore Revolving Loans shall be used for the purposes identified in subsection 2.5A. The amount of each Lender’s Australian Revolving Loan Commitment, each Lender’s Canadian Revolving Loan Commitment, each Lender’s Dutch Revolving Loan Commitment and each Lender’s Swiss Revolving Loan Commitment in each case as of the Closing Date is set forth opposite its name in Schedule A annexed hereto and the aggregate amounts of the (i) the Australian Revolving Loan Commitments, (ii) the Canadian Revolving Loan Commitments; (iii) the Dutch Revolving Loan Commitments and (iv) the Swiss Revolving Loan Commitments (in each case set forth in Schedule A) are, as of the Closing Date, (i) $300,000,000, (ii) $20,000,000, (iii) $425,000,000 and (iv) $425,000,000, respectively; provided that the Offshore Revolving Loan Commitments of Lenders shall be adjusted to give effect to any assignments thereof pursuant to subsection 10.2, shall be reduced from time to time by the amount of any reductions thereto made pursuant to subsection 2.4G and shall be increased from time to time by the amount of any increase thereto made pursuant to subsection 2.1A(vii)(c). In no event shall (i) the aggregate principal amount of the Australian Revolving Loans of any Lender outstanding at any time exceed its Australian Revolving Loan Commitment then in effect, (ii) the aggregate principal amount of the Canadian Revolving Loans of any Lender outstanding at any time exceed its Canadian Revolving Loan Commitment then in effect, (iii) the aggregate principal amount of the Dutch Revolving Loans of any Lender outstanding at any time exceed its Dutch Revolving Loan Commitment then in effect or (iv) the aggregate principal amount of the Swiss Revolving Loans of any Lender outstanding at any time exceed its Swiss Revolving Loan Commitment then in effect. Each Lender’s Offshore Revolving Loan Commitment shall expire on the Multicurrency Revolving Loan Commitment Termination Date and all Offshore Revolving Loans and all other amounts owed hereunder with respect to the Offshore Revolving Loans and the Offshore Revolving Loan Commitments shall be paid in full no later than that date. Amounts borrowed under this subsection 2.1C may be repaid and reborrowed to but excluding the Multicurrency Revolving Loan Commitment Termination Date. Anything contained in this Agreement to the contrary notwithstanding, no Offshore Borrower shall request Lenders to make any Offshore Revolving Loans (and no Lender shall be obligated to make Offshore Revolving Loans) if, immediately after giving effect to the making of such Offshore Revolving Loans: the Total Utilization of Multicurrency Revolving Loan Commitments would exceed the Multicurrency Revolving Loan Commitments then in effect; the Total Utilization of Australian Revolving Loan Commitments would exceed the Australian Revolving Loan Commitments then in effect; the Total Utilization of Dutch Revolving Loan Commitments would exceed the Dutch Revolving Loan Commitments then in effect; or the Total Utilization of Swiss Revolving Loan Commitments would exceed the Swiss Revolving Loan Commitments then in effect; the Total Utilization of Canadian Revolving Loan Commitments would exceed the Canadian Revolving Loan Commitments then in effect;

Appears in 1 contract

Samples: Credit Agreement (Owens-Illinois Group Inc)

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Offshore Revolving Loan Commitments. On the Second Restatement Date, “Offshore Revolving Loans” outstanding and “Offshore Revolving Loan Commitments” under the First Amended and Restated Credit Agreement are hereby continued as outstanding Offshore Revolving Loans in Dollars and Offshore Revolving Loan Commitments hereunder, respectively. Subject to the terms and conditions of this Agreement and in reliance upon the representations and warranties of Borrowers herein set forth, each Offshore Borrower may request, in accordance with the provisions of this subsection 2.1C, that Lenders with a Multicurrency Revolving Loan Commitment make Offshore Revolving Loans. The making of Offshore Revolving Loans shall reduce the availability of Multicurrency Revolving Loans to Xxxxx-Xxxxxxxx Domestic Borrowers on a dollar-for-dollar basis to the extent of the Dollar Equivalent of the Offshore Revolving Loans outstanding. Subject to the limitations set forth below, (a) each Multicurrency Revolving Lender hereby severally agrees to make Australian UK Revolving Loans to ACI United Glass in Dollars, ADollars and Euro Dollars from time to time during the period from and including the Closing Second Restatement Date to but excluding the Multicurrency Revolving Loan Commitment Termination Date, in an aggregate amount at any time outstanding not exceeding its Pro Rata Share of the aggregate amount of the Australian Revolving Loan Commitments; (b) each Multicurrency Revolving Lender hereby severally agrees to make Dutch Revolving Loans to OIEG in Dollars, ADollars and Euro from time to time during the period from and including the Closing Date to but excluding the Multicurrency Revolving Loan Commitment Termination Date in an aggregate amount at any time outstanding not exceeding its Pro Rata Share of the aggregate amount of the Dutch Revolving Loan Commitments; (c) each Multicurrency Revolving Lender hereby severally agrees to make Swiss Revolving Loans to OI Europe in Euro from time to time during the period from and including the Closing Date to but excluding the Multicurrency Revolving Loan Commitment Termination Date in an aggregate amount at any time outstanding not exceeding its Pro Rata Share of the aggregate amount of the Swiss Revolving Loan Commitments; and (d) each Multicurrency Revolving Lender hereby severally agrees to make Canadian Revolving Loans to O-I Canada in Dollars from time to time during the period from and including the Closing Date to but excluding the Multicurrency Revolving Loan Commitment Termination Date in an aggregate amount at any time outstanding not exceeding its Pro Rata Share of the aggregate amount of the Canadian UK Revolving Loan Commitments; provided, however, Lenders shall not be obligated to make Canadian UK Revolving Loans (and O-I Canada United Glass may not request any such Loans) at any time a Canadian UK Overdraft Agreement is in effect, except to repay the Canadian UK Overdraft Amount upon notice from the Canadian UK Overdraft Account Provider pursuant to subsection 2.1D(ii). The proceeds of all such Offshore , (b) each Revolving Loans shall be used for Lender hereby severally agrees, subject to the purposes identified in subsection 2.5A. The limitations set forth below with respect to the maximum amount of each Lender’s Australian Revolving Loan Commitment, each Lender’s Canadian Revolving Loan Commitment, each Lender’s Dutch Revolving Loan Commitment and each Lender’s Swiss Revolving Loan Commitment in each case as of the Closing Date is set forth opposite its name in Schedule A annexed hereto and the aggregate amounts of the (i) the Australian Revolving Loan Commitments, (ii) the Canadian Revolving Loan Commitments; (iii) the Dutch Revolving Loan Commitments and (iv) the Swiss Revolving Loan Commitments (in each case set forth in Schedule A) are, as of the Closing Date, (i) $300,000,000, (ii) $20,000,000, (iii) $425,000,000 and (iv) $425,000,000, respectively; provided that the Offshore Revolving Loan Commitments of Lenders shall be adjusted to give effect to any assignments thereof pursuant to subsection 10.2, shall be reduced from time to time by the amount of any reductions thereto made pursuant to subsection 2.4G and shall be increased from time to time by the amount of any increase thereto made pursuant to subsection 2.1A(vii)(c). In no event shall (i) the aggregate principal amount of the Australian Revolving Loans of any Lender outstanding at any time exceed its Australian Revolving Loan Commitment then in effect, (ii) the aggregate principal amount of the Canadian Revolving Loans of any Lender outstanding at any time exceed its Canadian Revolving Loan Commitment then in effect, (iii) the aggregate principal amount of the Dutch Revolving Loans of any Lender outstanding at any time exceed its Dutch Revolving Loan Commitment then in effect or (iv) the aggregate principal amount of the Swiss Revolving Loans of any Lender outstanding at any time exceed its Swiss Revolving Loan Commitment then in effect. Each Lender’s Offshore Revolving Loan Commitment shall expire on the Multicurrency Revolving Loan Commitment Termination Date and all Offshore Revolving Loans and all other amounts owed hereunder with respect to the Offshore Australian Revolving Loans and the Offshore Revolving Loan Commitments shall permitted to be paid in full no later than that date. Amounts borrowed under this subsection 2.1C may be repaid and reborrowed outstanding from time to but excluding the Multicurrency Revolving Loan Commitment Termination Date. Anything contained in this Agreement to the contrary notwithstandingtime, no Offshore Borrower shall request Lenders to make any Offshore Australian Revolving Loans (and no Lender shall be obligated to make Offshore Revolving Loans) if, immediately after giving effect to the making any of such Offshore Revolving Loans: the Total Utilization of Multicurrency Revolving Loan Commitments would exceed the Multicurrency Revolving Loan Commitments then in effect; the Total Utilization of Australian Revolving Loan Commitments would exceed the Australian Revolving Loan Commitments then in effect; the Total Utilization of Dutch Revolving Loan Commitments would exceed the Dutch Revolving Loan Commitments then in effect; or the Total Utilization of Swiss Revolving Loan Commitments would exceed the Swiss Revolving Loan Commitments then in effect; the Total Utilization of Canadian Revolving Loan Commitments would exceed the Canadian Revolving Loan Commitments then in effect;the

Appears in 1 contract

Samples: Secured Credit Agreement (Owens Illinois Group Inc)

Offshore Revolving Loan Commitments. On the Third Restatement Date, “Offshore Revolving Loans” outstanding and “Offshore Revolving Loan Commitments” under the Second Amended and Restated Credit Agreement are hereby continued as outstanding Offshore Revolving Loans in Dollars and Offshore Revolving Loan Commitments hereunder, respectively. Subject to the terms and conditions of this Agreement and in reliance upon the representations and warranties of Borrowers herein set forth, each Offshore Borrower may request, in accordance with the provisions of this subsection 2.1C, that Lenders with a Multicurrency Revolving Loan Commitment make Offshore Revolving Loans. The making of Offshore Revolving Loans shall reduce the availability of Multicurrency Revolving Loans to Xxxxx-Xxxxxxxx Domestic Borrowers on a dollar-for-dollar basis to the extent of the Dollar Equivalent of the Offshore Revolving Loans outstanding. Subject to the limitations set forth below, (a) each Multicurrency Revolving Lender hereby severally agrees to make Australian UK Revolving Loans to ACI United Glass in Dollars, ADollars and Euro Dollars from time to time during the period from and including the Closing Third Restatement Date to but excluding the Multicurrency Revolving Loan Commitment Termination Date, in an aggregate amount at any time outstanding not exceeding its Pro Rata Share of the aggregate amount of the Australian Revolving Loan Commitments; (b) each Multicurrency Revolving Lender hereby severally agrees to make Dutch Revolving Loans to OIEG in Dollars, ADollars and Euro from time to time during the period from and including the Closing Date to but excluding the Multicurrency Revolving Loan Commitment Termination Date in an aggregate amount at any time outstanding not exceeding its Pro Rata Share of the aggregate amount of the Dutch UK Revolving Loan Commitments; provided, however, Lenders shall not be obligated to make UK Revolving Loans (cand United Glass may not request any such Loans) at any time a UK Overdraft Agreement is in effect, except to repay the UK Overdraft Amount upon notice from the UK Overdraft Account Provider pursuant to subsection 2.1D(ii), (b) each Multicurrency Revolving Lender hereby severally agrees agrees, subject to the limitations set forth below with respect to the maximum amount of Offshore Revolving Loans and Australian Revolving Loans permitted to be outstanding from time to time, to make Swiss Australian Revolving Loans to OI Europe any of the Australian Offshore Borrowers in Euro Dollars from time to time during the period from and including the Closing Third Restatement Date to but excluding the Multicurrency Revolving Loan Commitment Termination Date Date, in an aggregate amount at any time outstanding with respect to all Australian Offshore Borrowers not exceeding its Pro Rata Share of the aggregate amount of the Swiss Australian Revolving Loan Commitments; and , (dc) each Multicurrency Revolving Lender hereby severally agrees to make Canadian Revolving Loans to O-I Canada in Dollars from time to time during the period from and including the Closing Third Restatement Date to but excluding the Multicurrency Revolving Loan Commitment Termination Date in an aggregate amount at any time outstanding not exceeding its Pro Rata Share of the aggregate amount of the Canadian Revolving Loan Commitments; , provided, however, Lenders shall not be obligated to make Canadian Revolving Loans (and O-I Canada may not request any such Loans) at any time a Canadian Overdraft Agreement is in effect, except to repay the Canadian Overdraft Amount upon notice from the Canadian Overdraft Account Provider pursuant to subsection 2.1D(ii), and (d) each Revolving Lender hereby severally agrees, subject to the limitations set forth below with respect to the maximum amount of Offshore Revolving Loans and Italian Revolving Loans permitted to be outstanding from time to time, to make Italian Revolving Loans to Avir in Dollars from time to time during the period from and including the Third Restatement Date to but excluding the Revolving Loan Commitment Termination Date in an aggregate amount at any time outstanding not exceeding its Pro Rata Share of the aggregate amount of the Italian Revolving Loan Commitments; provided, however, Lenders shall not be obligated to make Italian Revolving Loans (and Avir may not request any such Loans) at any time an Italian Overdraft Agreement is in effect, except to repay the Italian Overdraft Amount upon notice from the Italian Overdraft Account Provider pursuant to subsection 2.1D(ii). The proceeds of all such Offshore Revolving Loans shall be used for the purposes identified in subsection 2.5A. The amount of each Lender’s UK Revolving Loan Commitment, each Lender’s Australian Revolving Loan Commitment, each Lender’s Canadian Revolving Loan Commitment, each Lender’s Dutch Revolving Loan Commitment and each Lender’s Swiss Italian Revolving Loan Commitment in each case as of the Closing Third Restatement Date is set forth opposite its name in Schedule A annexed hereto and the aggregate amounts of the (i) the Australian UK Revolving Loan Commitments, (ii) the Canadian Australian Revolving Loan Commitments; , (iii) the Dutch Canadian Revolving Loan Commitments and (iv) the Swiss Italian Revolving Loan Commitments (in each case set forth in Schedule A) are, as of the Closing Third Restatement Date, (i) $300,000,00020,000,000, (ii) $20,000,000440,000,000, (iii) $425,000,000 10,000,000 and (iv) $425,000,00063,000,000, respectively; provided that the Offshore Revolving Loan Commitments of Lenders shall be adjusted to give effect to any assignments thereof pursuant to subsection 10.2; provided, further that the amount of any Offshore Revolving Loan Commitment shall be reduced from time to time by the amount of any reductions thereto made pursuant to subsection 2.4G and shall be increased from time to time by the amount of any increase thereto made pursuant to subsection 2.1A(vii)(c). 2.4G. In no event shall (i) the aggregate principal amount of the UK Revolving Loans of any Lender outstanding at any time exceed its UK Revolving Loan Commitment then in effect, in no event shall the aggregate principal amount of the Australian Revolving Loans of any Lender outstanding at any time exceed its Australian Revolving Loan Commitment then in effect, (ii) in no event shall the aggregate principal amount of the Canadian Revolving Loans of any Lender outstanding at any time exceed its Canadian Revolving Loan Commitment then in effect, (iii) effect and in no event shall the aggregate principal amount of the Dutch Italian Revolving Loans of any Lender outstanding at any time exceed its Dutch Revolving Loan Commitment then in effect or (iv) the aggregate principal amount of the Swiss Revolving Loans of any Lender outstanding at any time exceed its Swiss Italian Revolving Loan Commitment then in effect. Each Lender’s Offshore Revolving Loan Commitment shall expire on the Multicurrency Revolving Loan Commitment Termination Date and all Offshore Revolving Loans and all other amounts owed hereunder with respect to the Offshore Revolving Loans and the Offshore Revolving Loan Commitments shall be paid in full no later than that date. Amounts borrowed under this subsection 2.1C may be repaid and reborrowed to but excluding the Multicurrency Revolving Loan Commitment Termination Date. Anything contained in this Agreement to the contrary notwithstanding, no Offshore Borrower shall request Lenders to make any Offshore Revolving Loans (and no Lender shall be obligated to make Offshore Revolving Loans) if, immediately after giving effect to the making of such Offshore Revolving Loans: : (1) the Total Utilization of Multicurrency Revolving Loan Commitments would exceed the Multicurrency Revolving Loan Commitments then in effect; ; (2) the sum of the Total Utilization of UK Revolving Loan Commitments plus the Total Utilization of Australian Revolving Loan Commitments plus the Total Utilization of the Canadian Revolving Loan Commitments plus the Total Utilization of Italian Revolving Loan Commitments would exceed the Aggregate Offshore Sublimit; (3) the Total Utilization of UK Revolving Loan Commitments would exceed the UK Revolving Loan Commitments then in effect; (4) the Total Utilization of Australian Revolving Loan Commitments would exceed the Australian Revolving Loan Commitments then in effect; ; (5) the Total Utilization of Dutch Revolving Loan Commitments would exceed the Dutch Revolving Loan Commitments then in effect; or the Total Utilization of Swiss Revolving Loan Commitments would exceed the Swiss Revolving Loan Commitments then in effect; the Total Utilization of Canadian Revolving Loan Commitments would exceed the Canadian Revolving Loan Commitments then in effect;; or (6) the Total Utilization of Italian Revolving Loan Commitments would exceed the Italian Revolving Loan Commitments then in effect. UK Revolving Loans made on any Funding Date (other than UK Revolving Loans made for the purpose of repaying the UK Overdraft Amount, which shall be in an amount equal to the UK Overdraft Amount) shall be in an aggregate minimum amount of $5,000,000 and integral multiples of $1,000,000 in excess of that amount; Australian Revolving Loans made on any Funding Date (other than (y) Australian Revolving Loans made for the purpose of reimbursing any Issuing Lender for the amount of a drawing honored under a Letter of Credit issued by it for the account of any Australian Borrower, which shall be in the amount of such drawing so honored, or (z) Australian Revolving Loans made for the purpose of repaying the Australian Overdraft Amount, which shall be in an amount equal to the Australian Overdraft Amount) shall be in an aggregate minimum amount of $5,000,000 and integral multiples of $1,000,000 in excess of that amount; Canadian Revolving Loans made on any Funding Date (other than Canadian Revolving Loans made for the purpose of repaying the Canadian Overdraft Amount, which shall be in an amount equal to the Canadian Overdraft Amount) shall be in an aggregate minimum amount of $5,000,000 and integral multiples of $1,000,000 in excess of that amount; and Italian Revolving Loans made on any Funding Date (other than Italian Revolving Loans made for the purpose of repaying the Italian Overdraft Amount, which shall be in an amount equal to the Italian Overdraft Amount) shall be in an aggregate minimum amount of $5,000,000 and integral multiples of $1,000,000 in excess of that amount. Each Offshore Borrower hereby unconditionally promises to pay to the Lenders the then unpaid principal amount of each Offshore Revolving Loan of such Lender made to such Offshore Borrower on or before the Revolving Loan Commitment Termination Date or such earlier date on which such Offshore Revolving Loans become due and payable pursuant to Section 7. Each Offshore Borrower hereby further agrees and promises to pay to the Lenders interest on the unpaid principal amount of each Offshore Revolving Loan of such Lender made to such Offshore Borrower from time to time outstanding from the date hereof until paid in full, at the rates and at the times which shall be determined in accordance with the provisions of this Agreement.

Appears in 1 contract

Samples: Secured Credit Agreement (Owens Illinois Inc /De/)

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Offshore Revolving Loan Commitments. Subject to the terms and conditions of this Agreement and in reliance upon the representations and warranties of Borrowers herein set forth, each Offshore Borrower may request, in accordance with the provisions of this subsection 2.1C, that Lenders with a Multicurrency Revolving Loan Commitment make Offshore Revolving Loans. The making of Offshore Revolving Loans shall reduce the availability of Multicurrency Revolving Loans to Xxxxx-Xxxxxxxx on a dollar-for-dollar basis to the extent of the Dollar Equivalent of the Offshore Revolving Loans outstanding. Subject to the limitations set forth below, (a) each Multicurrency Revolving Lender hereby severally agrees to make Australian Revolving Loans to ACI in Dollars, ADollars and Euro from time to time during the period from and including the Closing Date to but excluding the Multicurrency Revolving Loan Commitment Termination Date, in an aggregate amount at any time outstanding not exceeding its Pro Rata Share of the aggregate amount of the Australian Revolving Loan Commitments; (b) each Multicurrency Revolving Lender hereby severally agrees to make Dutch Revolving Loans to OIEG in Dollars, ADollars and Euro from time to time during the period from and including the Closing Date to but excluding the Multicurrency Revolving Loan Commitment Termination Date in an aggregate amount at any time outstanding not exceeding its Pro Rata Share of the aggregate amount of the Dutch Revolving Loan Commitments; (c) each Multicurrency Revolving Lender hereby severally agrees to make Swiss Revolving Loans to OI O-I Europe in Euro from time to time during the period from and including the Closing Date to but excluding the Multicurrency Revolving Loan Commitment Termination Date in an aggregate amount at any time outstanding not exceeding its Pro Rata Share of the aggregate amount of the Swiss Revolving Loan Commitments; and (d) each Multicurrency Revolving Lender hereby severally agrees to make Canadian Revolving Loans to O-I Canada in Dollars from time to time during the period from and including the Closing Date to but excluding the Multicurrency Revolving Loan Commitment Termination Date in an aggregate amount at any time outstanding not exceeding its Pro Rata Share of the aggregate amount of the Canadian Revolving Loan Commitments; provided, however, Lenders shall not be obligated to make Canadian Revolving Loans (and O-I Canada may not request any such Loans) at any time a Canadian Overdraft Agreement is in effect, except to repay the Canadian Overdraft Amount upon notice from the Canadian Overdraft Account Provider pursuant to subsection 2.1D(ii). The proceeds of all such Offshore Revolving Loans shall be used for the purposes identified in subsection 2.5A. The amount of each Lender’s Australian Revolving Loan Commitment, each Lender’s Canadian Revolving Loan Commitment, each Lender’s Dutch Revolving Loan Commitment and each Lender’s Swiss Revolving Loan Commitment in each case as of the Closing Date is set forth opposite its name in Schedule A annexed hereto and the aggregate amounts of the (i) the Australian Revolving Loan Commitments, (ii) the Canadian Revolving Loan Commitments; (iii) the Dutch Revolving Loan Commitments and (iv) the Swiss Revolving Loan Commitments (in each case set forth in Schedule A) are, as of the Closing Date, (i) $300,000,000, (ii) $20,000,000, (iii) $425,000,000 and (iv) $425,000,000, respectively; provided that the Offshore Revolving Loan Commitments of Lenders shall be adjusted to give effect to any assignments thereof pursuant to subsection 10.2, shall be reduced from time to time by the amount of any reductions thereto made pursuant to subsection 2.4G and shall be increased from time to time by the amount of any increase thereto made pursuant to subsection 2.1A(vii)(c2.1A(vi)(c). In no event shall (i) the aggregate principal amount of the Australian Revolving Loans of any Lender outstanding at any time exceed its Australian Revolving Loan Commitment then in effect, (ii) the aggregate principal amount of the Canadian Revolving Loans of any Lender outstanding at any time exceed its Canadian Revolving Loan Commitment then in effect, (iii) the aggregate principal amount of the Dutch Revolving Loans of any Lender outstanding at any time exceed its Dutch Revolving Loan Commitment then in effect or (iv) the aggregate principal amount of the Swiss Revolving Loans of any Lender outstanding at any time exceed its Swiss Revolving Loan Commitment then in effect. Each Lender’s Offshore Revolving Loan Commitment shall expire on the Multicurrency Revolving Loan Commitment Termination Date and all Offshore Revolving Loans and all other amounts owed hereunder with respect to the Offshore Revolving Loans and the Offshore Revolving Loan Commitments shall be paid in full no later than that date. Amounts borrowed under this subsection 2.1C may be repaid and reborrowed to but excluding the Multicurrency Revolving Loan Commitment Termination Date. Anything contained in this Agreement to the contrary notwithstanding, no Offshore Borrower shall request Lenders to make any Offshore Revolving Loans (and no Lender shall be obligated to make Offshore Revolving Loans) if, immediately after giving effect to the making of such Offshore Revolving Loans: : (1) the Total Utilization of Multicurrency Revolving Loan Commitments would exceed the Multicurrency Revolving Loan Commitments then in effect; ; (2) the Total Utilization of Australian Revolving Loan Commitments would exceed the Australian Revolving Loan Commitments then in effect; ; (3) the Total Utilization of Dutch Revolving Loan Commitments would exceed the Dutch Revolving Loan Commitments then in effect; or or (4) the Total Utilization of Swiss Revolving Loan Commitments would exceed the Swiss Revolving Loan Commitments then in effect; or (5) the Total Utilization of Canadian Revolving Loan Commitments would exceed the Canadian Revolving Loan Commitments then in effect;. Offshore Revolving Loans made on any Funding Date (other than (y) Offshore Revolving Loans made for the purpose of reimbursing any Issuing Lender for the amount of a drawing honored under a Letter of Credit issued by it for the account of any Offshore Borrower, which shall be in the amount of such drawing so honored, or (z) Offshore Revolving Loans made for the purpose of repaying any Offshore Overdraft Amount, which shall be in an amount equal to the Offshore Overdraft Amount) shall be in an aggregate minimum amount of $5,000,000 and integral multiples of $1,000,000 in excess of that amount. Each Offshore Borrower hereby unconditionally promises to pay to the Lenders the then unpaid principal amount of each Offshore Revolving Loan of such Lender made to such Offshore Borrower on or before the Revolving Loan Commitment Termination Date or such earlier date on which such Offshore Revolving Loans become due and payable pursuant to Section 7. Each Offshore Borrower hereby further agrees and promises to pay to the Lenders interest on the unpaid principal amount of each Offshore Revolving Loan of such Lender made to such Offshore Borrower from time to time outstanding from the date hereof until paid in full, at the rates and at the times which shall be determined in accordance with the provisions of this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Owens Illinois Group Inc)

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