Payments as Revolving Loans. (a) All payments of principal, interest, reimbursement obligations in connection with Letters of Credit, fees, premiums, and other sums payable hereunder, including, without limitation, all reimbursement for expenses pursuant to Section 15.7, may, at the option of the Administrative Agent, in its sole discretion, subject only to the terms of this Section 4.5, be paid from the proceeds of Revolving Loans made hereunder, whether made following a request by the Borrowers, or any of them, pursuant to Section 2.2 or a deemed request as provided in this Section 4.5. Upon the occurrence and during the continuance of an Event of Default, the Borrowers hereby irrevocably authorize the Administrative Agent to charge the Loan Account for the purpose of paying principal, interest, reimbursement obligations in connection with Letters of Credit, fees, premiums, and other sums payable hereunder, including, without limitation, reimbursing expenses pursuant to Section 15.7, and agree that all such amounts charged shall constitute Revolving Loans (including Swingline Loans and Agent Advances) and that all such Revolving Loans so made shall be deemed to have been requested pursuant to Section 2.2 (except Borrowers shall not be deemed to make any representation or warranty pursuant to Section 10.2(a) with respect to such Revolving Loans).
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Samples: Loan and Security Agreement (Metals Usa Holdings Corp.), Loan and Security Agreement (FLAG INTERMEDIATE HOLDINGS Corp), Loan and Security Agreement (Metals USA Plates & Shapes Southcentral, Inc.)
Payments as Revolving Loans. (a) All payments of principal, interest, reimbursement obligations in connection with Letters of Credit, fees, premiums, premiums and other sums payable hereunder, including, without limitation, including all reimbursement for expenses pursuant to Section 15.7SECTION 16.7, may, at the option of the Administrative Agent, in its sole discretion, subject only to the terms of this Section 4.5SECTION 4.4, be paid from the proceeds of Revolving Loans made hereunderhereunder to the applicable Borrower, whether made following a request by the Borrowers, or any of them, a Borrower pursuant to Section SECTION 2.2 or a deemed request as provided in this Section 4.5SECTION 4.4. Upon the occurrence and during the continuance of an Event of Default, the Borrowers Each Borrower hereby irrevocably authorize authorizes the Administrative Agent to charge the its Loan Account for the purpose of paying principal, interest, reimbursement obligations in connection with Letters of Credit, fees, premiums, premiums and other sums payable hereunderhereunder by such Borrower, including, without limitation, including reimbursing expenses pursuant to Section 15.7SECTION 16.7, and agree agrees that all such amounts charged shall constitute Revolving Loans (including Swingline BABC Loans and Agent Advances) to such Borrower and that all such Revolving Loans so made to such Borrower shall be deemed to have been requested by such Borrower pursuant to Section 2.2 (except Borrowers shall not be deemed to make any representation or warranty pursuant to Section 10.2(a) with respect to such Revolving Loans)SECTION 2.2.
Appears in 2 contracts
Samples: Loan and Security Agreement (Hills Stores Co /De/), Loan and Security Agreement (Hills Stores Co /De/)
Payments as Revolving Loans. (a) All payments of principal, interest, reimbursement obligations in connection with Letters of Credit, fees, premiums, premiums and other sums payable hereunderunder any Loan Document, including, without limitation, including all reimbursement for expenses pursuant to Section 15.7, may, at the option of the Administrative Agent, in its sole discretion, subject only to the terms of this Section 4.54.4, be paid from the proceeds of Revolving Loans made hereunder, whether made following a request by the Borrowers, or any of them, Phar-Mor pursuant to Section 2.2 or a deemed request as provided in this Section 4.54.4(a). Upon the occurrence and during the continuance of an Event of DefaultSubject to subsection (b) below, the Borrowers each Borrower hereby irrevocably authorize authorizes the Administrative Agent to charge the its Loan Account for the purpose of paying principal, interest, reimbursement obligations in connection with Letters of Credit, fees, premiums, premiums and other sums payable hereunder, including, without limitation, including reimbursing expenses pursuant to Section 15.7, and agree agrees that all such amounts charged shall constitute Revolving Loans (including Swingline BABC Loans and Agent Advances) and that all such Revolving Loans so made shall be deemed to have been requested by Phar-Mor on behalf of such Borrower pursuant to Section 2.2 (except Borrowers shall not be deemed to make any representation or warranty pursuant to Section 10.2(a) with respect to such Revolving Loans)2.2.
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Payments as Revolving Loans. (a) All payments of principal, interest, reimbursement obligations in connection with Letters of Credit, fees, premiums, and other sums payable hereunder, including, without limitation, all reimbursement for expenses pursuant to Section 15.716.7, may, at the option of the Administrative Agent, in its sole discretion, subject only to the terms of this Section 4.5, be paid from the proceeds of Revolving Loans made hereunder, whether made following a request by the Borrowers, or any of them, pursuant to Section 2.2 or a deemed request as provided in this Section 4.5. Upon the occurrence and during the continuance of an Event of Default, the The Borrowers hereby irrevocably authorize the Administrative Agent to charge the Loan Account for the purpose of paying principal, interest, reimbursement obligations in connection with Letters of Credit, fees, premiums, and other sums payable hereunder, including, without limitation, reimbursing expenses pursuant to Section 15.716.7, and agree that all such amounts charged shall constitute Revolving Loans (including Swingline Loans and Agent Advances) and that all such Revolving Loans so made shall be deemed to have been requested pursuant to Section 2.2 (except 2.2; provided, that, the Administrative Agent shall endeavor to provide notice of any such charge to the Borrowers as soon as reasonable practicable but failure to give such notice shall not be deemed limit Administrative Agent’s right to make any representation or warranty pursuant to Section 10.2(a) with respect to treat such charged amounts as Revolving Loans).
Appears in 1 contract
Samples: Loan and Security Agreement (EveryWare Global, Inc.)
Payments as Revolving Loans. (a) All payments of principal, interest, reimbursement obligations in connection with Letters of Credit, fees, premiums, premiums and other sums payable hereunder, including, without limitation, all reimbursement for expenses pursuant to Section 15.7SECTION 17.10, may, at the option of the Administrative Agent, in its sole discretion, subject only to the terms of this Section 4.5SECTION 4.6, be paid from the proceeds of Revolving Loans made hereunder, whether made following a request by the Borrowers, or any of them, a Borrower pursuant to Section SECTION 2.2 or a deemed request as provided in this Section 4.5SECTION 4.6. Upon the occurrence and during the continuance of an Event of Default, the Borrowers The Borrower hereby irrevocably authorize authorizes the Administrative Agent to charge the Loan Account for the purpose of paying principal, interest, reimbursement obligations in connection with Letters of Credit, fees, premiums, premiums and other sums payable hereunder, including, without limitation, reimbursing expenses pursuant to Section 15.7SECTION 17.10, and agree agrees that all such amounts charged shall constitute Revolving Loans (including Swingline including, without limitation, BABC Loans and Agent Advances) and ), that all such Revolving Loans so made shall be deemed to have been requested by the Borrower pursuant to Section 2.2 (except Borrowers shall not be deemed to make any representation or warranty pursuant to Section 10.2(a) with respect to SECTION 2.2, and that the Agent may charge the Loan Account for such Revolving Loansreimbursable obligations immediately upon their becoming due, regardless of whether the Agent has received the payments from the Lenders required by SECTION 2.3(D)(2).
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Payments as Revolving Loans. (a) All payments of principal, interest, reimbursement obligations in connection with Letters of Credit, fees, premiums, and other sums payable hereunder, including, without limitation, all reimbursement for expenses pursuant to Section 15.7, may, at the option of the Administrative Agent, in its sole discretion, subject only to the terms of this Section 4.5, be paid from the proceeds of Revolving Loans made hereunder, whether made following a request by the Borrowers, or any of them, a Borrower pursuant to Section 2.2 or a deemed request as provided in this Section 4.5. Upon the occurrence and during the continuance of an Event of Default, the Borrowers Each Borrower hereby irrevocably authorize authorizes the Administrative Agent to charge the Loan Account of the Borrowers for the purpose of paying principal, interest, reimbursement obligations in connection with Letters of Credit, fees, premiums, and other sums payable hereunder, including, without limitation, reimbursing expenses pursuant to Section 15.7, and agree agrees that all such amounts charged shall constitute Revolving Loans (including Swingline Loans and Agent Advances) and that all such Revolving Loans so made shall be deemed to have been requested pursuant to Section 2.2 (except 2.2. The Agent will endeavor to give the Borrowers prompt notice of any such charge to the Loan Account provided, however, that the failure to give such notice shall not be deemed adversely affect the rights of the Agent or any Lender under any Loan Document or give rise to make any representation liability of the Agent or warranty pursuant to Section 10.2(a) with respect to such Revolving Loans)any Lender.
Appears in 1 contract
Samples: Loan and Security Agreement (Trump Atlantic City Funding Ii Inc)
Payments as Revolving Loans. (a) All payments of principal, interest, reimbursement obligations in connection with Letters of Credit, fees, premiums, premiums and other sums payable hereunderhereunder by a Borrower, including, without limitation, including all reimbursement for expenses pursuant to Section 15.7, may, at the option of the Administrative Agent, in its sole discretion, subject only to the terms of this Section 4.54.7, be paid from the proceeds of Revolving Loans made hereunderhereunder for the account of such Borrower, whether made following a request by the Borrowers, or any of them, such Borrower pursuant to Section 2.2 or a deemed request as provided in this Section 4.54.7. Upon the occurrence and during the continuance of an Event of Default, the Borrowers Each Borrower hereby irrevocably authorize authorizes the Administrative Agent to charge the Loan Account of such Borrower for the purpose of paying principal, interest, reimbursement obligations in connection with Letters of Credit, fees, premiums, premiums and other sums payable hereunderhereunder by such Borrower, including, without limitation, including reimbursing expenses pursuant to Section 15.7, and agree agrees that all such amounts charged shall constitute Revolving Loans (including Swingline Loans BABC Loans, Agent Advances and Agent Over Advances) for the account of such Borrower and that all such Revolving Loans for the account of such Borrower so made shall be deemed to have been requested by such Borrower pursuant to Section 2.2 (except Borrowers shall not be deemed to make any representation or warranty pursuant to Section 10.2(a) with respect to such Revolving Loans)2.2.
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Samples: Loan and Security Agreement (Strategic Distribution Inc)