Common use of Payments and Prepayments; Recourse Clause in Contracts

Payments and Prepayments; Recourse. (a) Subject to the terms of Section I.5(c), each of the Borrowers, on behalf of its respective Funds, hereby severally promises to pay accrued interest on all Loans made to such Fund monthly in arrears on the fifteenth day of each calendar month for the immediately preceding calendar month; provided, however, that in each such case if such day on which interest on any Loans is due is not a Business Day, interest shall be payable on the next preceding Business Day. Subject to the terms of Section I.5(c), each of the Borrowers, on behalf of its respective Funds, hereby severally promises to repay the principal amount of each outstanding Loan made to such Fund, together with all accrued and unpaid interest thereon, upon the earliest of (i) 60 days following the date on which such Loan is made, (ii) the date on which such Loan becomes due pursuant to Section II(4) below following the occurrence of an Event of Default with respect to such Fund, or (iii) the Expiration Date. Each of the Borrowers, on behalf of each of its respective Funds, further covenants and agrees to immediately repay (1) the outstanding aggregate principal amount of any Indebtedness for borrowed money of any such Fund at any time (including the then outstanding aggregate principal amount of all Loans to such Fund) to the extent such amount exceeds the Maximum Amount applicable to such Fund at such time, and (2) any amount by which the then outstanding aggregate principal amount of all Loans to any such Fund at any time exceeds the Committed Line Amount, in each case upon the earlier to occur of such Borrower first becoming aware of any such circumstance or demand by the Bank. Each of the Borrowers, on behalf of each of its respective Funds having Loans outstanding at any time, further covenants and agrees that it shall make such repayments of the Loans outstanding to each such Fund at any time to the extent required such that the then outstanding aggregate principal amount of all Loans to all Funds hereunder shall at no time exceed the Committed Line Amount upon the earlier to occur of such Borrower first becoming aware of any such circumstance or demand by the Bank. Loans may be prepaid at the option of the Borrowers without penalty or premium, and any amounts prepaid may be reborrowed. Notwithstanding the foregoing or any other provision of this Agreement, there shall be a period with respect to each Fund hereunder consisting of at least one Business Day during each sixty (60) day period during which this Agreement is in effect when no Loans are outstanding to such Fund. Each of the Borrowers, on behalf of its respective Funds, promises to make such payments of one or more Loans as are necessary to comply with the foregoing sentence. January 28, 2015

Appears in 7 contracts

Samples: Loan Agreement (Baron Select Funds), BARON INVESTMENT FUNDS TRUST (F/K/a BARON ASSET FUND), BARON INVESTMENT FUNDS TRUST (F/K/a BARON ASSET FUND)

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Payments and Prepayments; Recourse. (a) Subject to the terms of Section I.5(c), each Each of the Borrowers, Borrowers on behalf of its respective Funds, Funds hereby severally promises to pay accrued interest on all Loans made to such Fund monthly in arrears on the fifteenth day of each calendar month for the immediately preceding calendar month; provided, however, that in each such case if such day on which interest on any Loans is due is not a Business Day, interest shall be payable on the next preceding Business Day. Subject to the terms of Section I.5(c), each Each of the Borrowers, Borrowers on behalf of its respective Funds, Funds hereby severally promises to repay the principal amount of each outstanding Loan made to such FundLoan, together with all accrued and unpaid interest thereon, upon the earliest of (i) 60 days following the date on which such Loan is made, (ii) the date on which such Loan becomes due pursuant to Section II(4) below following the occurrence of an Event of Default with respect to such FundDefault, or (iii) the Expiration Date, provided that no Borrower may have one or more Loans outstanding hereunder with respect to any one Fund for a period in excess of 60 consecutive Each of the Borrowers listed on Appendix I hereto September 19, 2005 calendar days. Each of the Borrowers, Borrowers on behalf of each of its respective Funds, Funds further covenants and agrees to immediately repay (1) the outstanding aggregate principal amount of any Indebtedness for borrowed money of any such Fund at any time (including the then outstanding aggregate principal amount of all Loans to such Fund) to the extent such amount exceeds the Maximum Amount applicable to such Fund at such time, and (2) any amount by which the then outstanding aggregate principal amount of all Loans to any such Fund at any time exceeds the Committed Uncommitted Line Amount, in each case upon the earlier to occur of such Borrower first becoming aware of any such circumstance or demand by the Bank. Each of the Borrowers, Borrowers on behalf of each of its respective Funds having Loans outstanding at any time, time further covenants and agrees that it shall make such repayments of the Loans outstanding to each such Fund at any time to the extent required such that the then outstanding aggregate principal amount of all Loans to all Funds hereunder shall at no time exceed the Committed Uncommitted Line Amount Amount, in each case upon the earlier to occur of such Borrower first becoming aware of any such circumstance or demand by the Bank. Loans may be prepaid at the option of the Borrowers without penalty or premium, and any amounts prepaid may be reborrowed. Notwithstanding reborrowed in the foregoing or any other provision of this Agreement, there shall be a period with respect Bank’s sole discretion and otherwise subject to each Fund hereunder consisting of at least one Business Day during each sixty (60) day period during which this Agreement is in effect when no Loans are outstanding to such Fund. Each of the Borrowers, on behalf of its respective Funds, promises to make such payments of one or more Loans as are necessary to comply with the foregoing sentence. January 28, 2015terms hereof.

Appears in 4 contracts

Samples: Columbia Funds Series Trust I, Columbia Funds Variable Insurance Trust I, Columbia Funds Series Trust

Payments and Prepayments; Recourse. (a) Subject to the terms of Section I.5(c), each Each of the Borrowers, on behalf of its respective Funds, hereby severally promises to pay accrued interest on all Loans made to such Fund monthly in arrears on the fifteenth (15th) day of each calendar month for the immediately preceding calendar month; provided, however, that in each such case if such day on which interest on any Loans is due is not a Business Day, interest shall be payable on the next preceding Business Day. Subject to the terms of Section I.5(c), each Each of the Borrowers, on behalf of its respective Funds, hereby severally promises to repay the principal amount of each outstanding Loan made to such FundLoan, together with all accrued and unpaid interest thereon, upon the earliest of (i) 60 days following the date on which such Loan is made, (ii) the date on which such Loan becomes due pursuant to Section II(4) below following the occurrence of an Event of Default with respect to such FundDefault, or (iii) the Expiration Date, provided that no Borrower may have one or more Loans outstanding hereunder with respect to any one Fund for a period in excess of 60 consecutive calendar days. Each of the Borrowers, on behalf of each of its respective Funds, further covenants and agrees to immediately repay (1) the outstanding aggregate principal amount of any Indebtedness for borrowed money of any such Fund at any time (including the then outstanding aggregate principal amount of all Loans 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) to the extent such amount exceeds the Maximum Amount applicable to such Fund at such time, and (2) any amount by which the then outstanding aggregate principal amount of all Loans to any such Fund at any time exceeds the Committed Line Amount, in each case upon the earlier to occur of such Borrower first becoming aware of any such circumstance or demand by the Bank. Each of the Borrowers, on behalf of each of its respective Funds having Loans outstanding at any time, further covenants and agrees that it shall make such repayments of the Loans outstanding to each such Fund at any time to the extent required such that the then outstanding aggregate principal amount of all Loans to all Funds hereunder shall at no time exceed the Committed Line Amount Amount, in each case upon the earlier to occur of such Borrower first becoming aware of any such circumstance or demand by the Bank. Loans may be prepaid at the option of the Borrowers without penalty or premium, and any amounts prepaid may be reborrowedreborrowed subject to the terms hereof. Notwithstanding the foregoing or any other provision Credit Suisse Family of this AgreementFunds June 10, there shall be a period with respect to each Fund hereunder consisting of at least one Business Day during each sixty (60) day period during which this Agreement is in effect when no Loans are outstanding to such Fund. Each of the Borrowers, on behalf of its respective Funds, promises to make such payments of one or more Loans as are necessary to comply with the foregoing sentence. January 28, 20152009 Page 4

Appears in 2 contracts

Samples: Credit Suisse Commodity Strategy Funds, Credit Suisse Opportunity Funds

Payments and Prepayments; Recourse. (a) Subject to the terms of Section I.5(c), each of the Borrowers, on behalf of its respective Funds, hereby severally promises to pay accrued interest on all Loans made to such Fund monthly in arrears on the fifteenth day of each calendar month for the immediately preceding calendar month; provided, however, that in each such case if such day on which interest on any Loans is due is not a Business Day, interest shall be payable on the next preceding Business Day. Subject to the terms of Section I.5(c), each of the Borrowers, on behalf of its respective Funds, hereby severally promises to repay the principal amount of each outstanding Loan made to such Fund, together with all accrued and unpaid interest thereon, upon the earliest of (i) 60 days following the date on which such Loan is made, (ii) the date on which such Loan becomes due pursuant to Section II(4) below following the occurrence of an Event of Default with respect to such Fund, or (iii) the Expiration Date. Each of the Borrowers, on behalf of each of its respective Funds, further covenants and agrees to immediately repay (1) the outstanding aggregate principal amount of any Indebtedness for borrowed money of any such Fund at any time (including the then outstanding aggregate principal amount of all Loans to such Fund) to the extent such amount exceeds the Maximum Amount applicable to such Fund at such time, and (2) any amount by which the then outstanding aggregate principal amount of all Loans to any such Fund at any time exceeds the Committed Line Amount, in each case upon the earlier to occur of such Borrower first becoming aware of any such circumstance or demand by the Bank. Each of the Borrowers, on behalf of each of its respective Funds having Loans outstanding at any time, further covenants and agrees that it shall make such repayments of the Loans outstanding to each such Fund at any time to the extent required such that the then outstanding aggregate principal amount of all Loans to all Funds hereunder shall at no time exceed the Committed Line Amount upon the earlier to occur of such Borrower first becoming aware of any such circumstance or demand by the Bank. Loans may be prepaid at the option of the Borrowers without penalty or premium, and any amounts prepaid may be reborrowed. Notwithstanding the foregoing or any other provision of this Agreement, there shall be a period with respect to each Fund hereunder consisting of at least one Business Day during each sixty (60) day period during which this Agreement is in effect when no Loans are outstanding to such Fund. Each of the Borrowers, on January 28, 2015 behalf of its respective Funds, promises to make such payments of one or more Loans as are necessary to comply with the foregoing sentence. January 28, 2015.

Appears in 2 contracts

Samples: BARON INVESTMENT FUNDS TRUST (F/K/a BARON ASSET FUND), Baron Select Funds

Payments and Prepayments; Recourse. (a) Subject to the terms of Section I.5(c), each Each of the Borrowers, on behalf of its respective Funds, hereby severally promises to pay accrued interest on all Loans made to such Fund monthly in arrears on the fifteenth (15th) day of each calendar month for the immediately preceding calendar month; provided, however, that in each such case if such day on which interest on any Loans is due is not a Business Day, interest shall be payable on the next preceding Business Day. Subject to the terms of Section I.5(c), each Each of the Borrowers, on behalf of its respective Funds, hereby severally promises to repay the principal amount of each outstanding Loan made to such FundLoan, together with all accrued and unpaid interest thereon, upon the earliest earlier of (i) demand by the Bank, (ii) 60 days following the date on which such Loan is made, (iiiii) the date on which such Loan becomes due pursuant to Section II(4) below following the occurrence of an Event of Default with respect to such FundDefault, or (iiiiv) the Expiration Date, provided that no Borrower may have one or more Loans outstanding hereunder with respect to any one Fund for a period in excess of 60 consecutive calendar days. Each of the Borrowers, on behalf of each of its respective Funds, further covenants and agrees to immediately repay (1) the outstanding aggregate principal amount of any Indebtedness for borrowed money of any such Fund at any time (including including, but not limited to, the then outstanding 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) to the extent such amount exceeds the Maximum Amount applicable to such Fund at such time, and (2) any amount by which the then outstanding aggregate principal amount of all Loans to any such Fund at any time exceeds the Committed Uncommitted Line Amount, in each case upon the earlier to occur of such Borrower first becoming aware of any such circumstance or demand by the Bank. Each of the Borrowers, on behalf of each of its respective Funds having Loans outstanding at any time, further covenants and agrees that it shall make such repayments of the Loans outstanding to each such Fund at any time to the extent required such that the then outstanding aggregate principal amount of all Loans to all Funds hereunder shall at no time exceed the Committed Uncommitted Line Amount Amount, in each case upon the earlier to occur of such Borrower first becoming aware of any such circumstance or demand by the Bank. Loans may be prepaid at the option of the Borrowers without penalty or premium, and any amounts prepaid may be reborrowedreborrowed in the Bank’s sole discretion and otherwise subject to the terms hereof. Notwithstanding the foregoing or any other provision Credit Suisse Family of this AgreementFunds November 3, there shall be a period with respect to each Fund hereunder consisting of at least one Business Day during each sixty (60) day period during which this Agreement is in effect when no Loans are outstanding to such Fund. Each of the Borrowers, on behalf of its respective Funds, promises to make such payments of one or more Loans as are necessary to comply with the foregoing sentence. January 28, 20152017

Appears in 2 contracts

Samples: Letter Amendment (Credit Suisse Opportunity Funds), Credit Suisse Opportunity Funds

Payments and Prepayments; Recourse. (a) Subject to the terms of Section I.5(c), each Each of the Borrowers, on behalf of its respective Funds, hereby severally promises to pay accrued interest on all Loans made to such Fund monthly in arrears on the fifteenth (15th) day of each calendar month for the immediately preceding calendar month; provided, however, that in each such case if such day on which interest on any Loans is due is not a Business Day, interest shall be payable on the next preceding Business Day. Subject to the terms of Section I.5(c), each Each of the Borrowers, on behalf of its respective Funds, hereby severally promises to repay the principal amount of each outstanding Loan made to such FundLoan, together with all accrued and unpaid interest thereon, upon the earliest of (i) 60 days following the date on which such Loan is made, (ii) the date on which such Loan becomes due pursuant to Section II(4) below following the occurrence of an Event of Default with respect to such FundDefault, or (iii) the Expiration Date, provided that no Borrower may have one or more Loans outstanding hereunder with respect to any one Fund for a period in excess of 60 consecutive calendar days. Each of the Borrowers, on behalf of each of its respective Funds, further covenants and agrees to immediately repay (1) the outstanding aggregate principal amount of any Indebtedness for borrowed money of any such Fund at any time (including the then outstanding aggregate principal amount of all Loans 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) to the extent such amount exceeds the Maximum Amount applicable to such Fund at such time, and (2) any amount by which the then outstanding aggregate principal amount of all Loans to any such Fund at any time exceeds (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, in each case upon the earlier to occur of such Borrower first becoming aware of any such circumstance or demand by the Bank. Each of the Borrowers, on behalf of each of its respective Funds having Loans outstanding at any time, further covenants and agrees that it shall make such repayments of the Loans outstanding to each such Fund at any time to the extent required such that the then outstanding aggregate principal amount of all Loans (A) to all Funds hereunder Funds, hereunder, other than Credit Suisse Floating Rate High Income Fund, shall at no time exceed $125,000,000 and (B) to Credit Suisse Floating Rate High Income Fund shall at no time exceed the Committed Line Amount Amount, in each case upon the earlier to occur of such Borrower first becoming aware of any such circumstance or demand by the Bank. Loans may be prepaid at the option of the Borrowers without penalty or premium, and any amounts prepaid may be reborrowedreborrowed subject to the terms hereof. Notwithstanding the foregoing or any other provision Credit Suisse Family of this AgreementFunds June 10, there shall be a period with respect to each Fund hereunder consisting of at least one Business Day during each sixty (60) day period during which this Agreement is in effect when no Loans are outstanding to such Fund. Each of the Borrowers, on behalf of its respective Funds, promises to make such payments of one or more Loans as are necessary to comply with the foregoing sentence. January 28, 20152009

Appears in 2 contracts

Samples: Letter Amendment (Credit Suisse Trust), Credit Suisse Trust

Payments and Prepayments; Recourse. (a) Subject to the terms of Section I.5(c), each of the Borrowers, on behalf of its respective Funds, hereby severally promises to pay accrued interest on all Loans made to such Fund monthly in arrears on the fifteenth day of each calendar month for the immediately preceding calendar month; provided, however, that in each such case if such day on which interest on any Loans is due is not a Business Day, interest shall be payable on the next preceding Business Day. Subject to the terms of Section I.5(c), each of the Borrowers, on behalf of its respective Funds, hereby severally promises to repay the principal amount of each outstanding Loan made to such Fund, together with all accrued and unpaid interest thereon, upon the earliest of (i) 60 days following the date on which such Loan is made, (ii) the date on which such Loan becomes due pursuant to Section II(4) below following the occurrence of an Event of Default with respect to such Fund, or (iii) the Expiration Date. Each of the Borrowers, on behalf of each of its respective Funds, further covenants and agrees to immediately repay (1) the outstanding aggregate principal amount of any Indebtedness for borrowed money of any such Fund at any time (including the then outstanding aggregate principal amount of all Loans to such Fund) to the extent such amount exceeds the Maximum Amount applicable to such Fund at such time, and (2) any amount by which the then outstanding aggregate principal amount of all Loans to any such Fund at any time exceeds the Committed Line Amount, in each case upon the earlier to occur of such Borrower first becoming aware of any such circumstance or demand by the Bank. Each of the Borrowers, on behalf of each of its respective Funds having Loans outstanding at any time, further covenants and agrees that it shall make such repayments of the Loans outstanding to each such Fund at any time to the extent required such that the then outstanding aggregate principal amount of all Loans to all Funds hereunder shall at no time exceed the Committed Line Amount upon the earlier to occur of such Borrower first becoming aware of any such circumstance or demand by the Bank. Loans may be prepaid at the option of the Borrowers without penalty or premium, and any amounts prepaid may be reborrowed. Notwithstanding the foregoing or any other provision of this Agreement, there shall be a period with respect to each Fund hereunder consisting of at least one Business Day during each sixty (60) day period during which this Agreement is in effect when no Loans are outstanding to such Fund. Each of the Borrowers, on behalf of its respective Funds, promises to make such payments of one or more Loans as are necessary to comply with the foregoing sentence. January 28, 2015.

Appears in 1 contract

Samples: Letter Amendment (BARON INVESTMENT FUNDS TRUST (F/K/a BARON ASSET FUND))

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Payments and Prepayments; Recourse. (a) Subject to the terms of Section I.5(c), each Each of the Borrowers, Borrowers on behalf of its respective Funds, Funds hereby severally promises to pay accrued interest on all Loans made to such Fund monthly in arrears on the fifteenth day of each calendar month for the immediately preceding calendar month; provided, however, that in each such case if such day on which interest on any Loans is due is not a Business Day, interest shall be payable on the next preceding Business Day. Subject to the terms of Section I.5(c), each Each of the Borrowers, Borrowers on behalf of its respective Funds, Funds hereby severally promises to repay the principal amount of each outstanding Loan made to such FundLoan, together with all accrued and unpaid interest thereon, upon the earliest of (i) 60 days following the date on which such Loan is made, (ii) the date on which such Loan becomes due pursuant to Section II(4) below following the occurrence of an Event of Default with respect to such FundDefault, or (iii) the Expiration Date, provided that no Borrower may have one or more Loans outstanding hereunder with respect to any one Fund for a period in excess of 60 consecutive calendar days. Each of the Borrowers, Borrowers on behalf of each of its respective Funds, Funds further covenants and agrees to immediately repay (1) the outstanding aggregate principal amount of any Indebtedness for borrowed money of any such Fund at any time (including the then outstanding aggregate principal amount of all Loans to such Fund) to the extent such amount exceeds the Maximum Amount applicable to such Fund at such time, and (2) any amount by which the then outstanding aggregate principal amount of all Loans to any such Fund at any time exceeds the Committed Uncommitted Line Amount, in each case upon the earlier to occur of such Borrower first becoming aware of any such circumstance or demand by the Bank. Each of the Borrowers, Borrowers on behalf of each of its respective Funds having Loans outstanding at any time, time further covenants and agrees that it shall make such repayments of the Loans outstanding to each such Fund at any time to the extent required such that the then outstanding aggregate principal amount of all Loans to all Funds hereunder shall at no time exceed the Committed Uncommitted Line Amount Amount, in each case upon the earlier to occur of such Borrower first becoming aware of any such circumstance or demand by the Bank. Loans may be prepaid at the option of the Borrowers without penalty or premium, and any amounts prepaid may be reborrowed. Notwithstanding reborrowed in the foregoing or any other provision of this Agreement, there shall be a period with respect Bank’s sole discretion and otherwise subject to each Fund hereunder consisting of at least one Business Day during each sixty (60) day period during which this Agreement is in effect when no Loans are outstanding to such Fund. Each of the Borrowers, on behalf of its respective Funds, promises to make such payments of one or more Loans as are necessary to comply with the foregoing sentence. January 28, 2015terms hereof.

Appears in 1 contract

Samples: Columbia Funds Series Trust

Payments and Prepayments; Recourse. (a) Subject to the terms of Section I.5(c), each Each of the Borrowers, on behalf of its respective Funds, hereby severally promises to pay accrued interest on all Loans made to such Fund monthly in arrears on the fifteenth (15th) day of each calendar month for the immediately preceding calendar month; provided, however, that in each such case if such day on which interest on any Loans is due is not a Business Day, interest shall be payable on the next preceding Business Day. Subject to the terms of Section I.5(c), each Each of the Borrowers, on behalf of its respective Funds, hereby severally promises to repay the principal amount of each outstanding Loan made to such FundLoan, together with all accrued and unpaid interest thereon, upon the earliest of (i) 60 days following the date on which such Loan is made, (ii) the date on which such Loan becomes due pursuant to Section II(4) below following the occurrence of an Event of Default with respect to such FundDefault, or (iii) the Expiration Date, provided that no Borrower may have one or more Loans outstanding hereunder with respect to any one Fund for a period in excess of 60 consecutive calendar days. Each of the Borrowers, on behalf of each of its respective Funds, further covenants and agrees to immediately repay (1) the outstanding aggregate principal amount of any Indebtedness for borrowed money of any such Fund at any time (including the then outstanding aggregate principal amount of all Loans 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) to the extent such amount exceeds the Maximum Amount applicable to such Fund at such time, and (2) any amount by which the then outstanding aggregate principal amount of all Loans to any such Fund at any time exceeds the Committed Line Amount, in each case upon the earlier to occur of such Borrower first becoming aware of any such circumstance or demand by the Bank. Each of the Borrowers, on behalf of each of its respective Funds having Loans outstanding at any time, further covenants and agrees that it shall make such repayments of the Loans outstanding to each such Fund at any time to the extent required such that the then outstanding aggregate principal amount of all Loans to all Funds hereunder shall at no time exceed the Committed Line Amount Amount, in each case upon the earlier to occur of such Borrower first becoming aware of any such circumstance or demand by the Bank. Loans may be prepaid at the option of the Borrowers without penalty or premium, and any amounts prepaid may be reborrowed. Notwithstanding reborrowed subject to the foregoing or any other provision of this Agreement, there shall be a period with respect to each Fund hereunder consisting of at least one Business Day during each sixty (60) day period during which this Agreement is in effect when no Loans are outstanding to such Fund. Each of the Borrowers, on behalf of its respective Funds, promises to make such payments of one or more Loans as are necessary to comply with the foregoing sentence. January 28, 2015terms hereof.

Appears in 1 contract

Samples: Credit Suisse Trust

Payments and Prepayments; Recourse. (a) Subject to the terms of Section I.5(c), each Each of the Borrowers, on behalf of its respective Funds, hereby severally promises to pay accrued interest on all Loans made to such Fund monthly in arrears on the fifteenth (15th) day of each calendar month for the immediately preceding calendar month; provided, however, that in each such case if such day on which interest on any Loans is due is not a Business Day, interest shall be payable on the next preceding Business Day. Subject to the terms of Section I.5(c), each Each of the Borrowers, on behalf of its respective Funds, hereby severally promises to repay the principal amount of each outstanding Loan made to such FundLoan, together with all accrued and unpaid interest thereon, upon the earliest earlier of (i) demand by the Bank, (ii) 60 days following the date on which such Loan is made, (iiiii) the date on which such Loan becomes due pursuant to Section II(4) below following the occurrence of an Event of Default with respect to such FundDefault, or (iiiiv) the Expiration Date, provided that no Borrower may have one or more Loans outstanding hereunder with respect to any one Fund for a period in excess of 60 consecutive calendar days. Each of the Borrowers, on behalf of each of its respective Funds, further covenants and agrees to immediately repay (1) the outstanding aggregate principal amount of any Indebtedness for borrowed money of any such Fund at any time (including including, but not limited to, the then outstanding 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) to the extent such amount exceeds the Maximum Amount applicable to such Fund at such time, and (2) any amount by which the then outstanding aggregate principal amount of all Loans to any such Fund at any time exceeds the Committed Uncommitted Line Amount, in each case upon the earlier to occur of such Borrower first becoming aware of any such circumstance or demand by the Bank. Each of the Borrowers, on behalf of each of its respective Funds having Loans outstanding at any time, further covenants and agrees that it shall make such repayments of the Loans outstanding to each such Fund at any time to the extent required such that the then outstanding aggregate principal amount of all Loans to all Funds hereunder shall at no time exceed the Committed Uncommitted Line Amount Amount, in each case upon the earlier to occur of such Borrower first becoming aware of any such circumstance or demand by the Bank. Loans may be prepaid at the option of the Borrowers without penalty or premium, and any amounts prepaid may be reborrowed. Notwithstanding reborrowed in the foregoing or any other provision of this Agreement, there shall be a period with respect Bank’s sole discretion and otherwise subject to each Fund hereunder consisting of at least one Business Day during each sixty (60) day period during which this Agreement is in effect when no Loans are outstanding to such Fund. Each of the Borrowers, on behalf of its respective Funds, promises to make such payments of one or more Loans as are necessary to comply with the foregoing sentence. January 28, 2015terms hereof.

Appears in 1 contract

Samples: Letter Amendment (Credit Suisse Opportunity Funds)

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