Common use of Reallocation of Loans and Commitments Clause in Contracts

Reallocation of Loans and Commitments. (a) The Borrower and each Bank agree that, effective as of the Amendment Effective Time, this Agreement amends and restates in its entirety the Existing Agreement. At the Amendment Effective Time, the Commitments of the Banks shall be reallocated in accordance with the terms hereof and each Bank shall have a direct or participation share equal to its Percentage of all outstanding Credit Extensions. (b) To facilitate the reallocation described in CLAUSE (A), at the Amendment Effective Time, (i) all loans under the Existing Agreement shall be deemed to be Loans hereunder, (ii) each Bank which is a party to the Existing Agreement shall transfer to the Administrative Agent an amount equal to the excess, if any, of such Banks Percentage of all outstanding Loans hereunder (including any Loans requested by the Borrower at the Amendment Effective Time) over the amount of all of such Bank's loans under the Existing Agreement, (iii) each Bank which is not a party to the Existing Agreement shall transfer to the Administrative Agent an amount equal to such Bank's Percentage of all outstanding Loans hereunder (including any Loans requested by the Borrower at the Amendment Effective Time), (iv) the Administrative Agent shall apply the funds received from the Banks pursuant to CLAUSES (II) and (III), FIRST, on behalf of the Banks (pro rata according to the amount of the loans each is required to purchase to achieve the reallocation described in CLAUSE (A), to purchase from each Existing Bank which is not a party hereto the loans of such Existing Bank under the Existing Agreement (and, if applicable to purchase from any Existing Bank which is a party hereto but which has loans under the Existing Agreement in excess of such Bank's Percentage of all then-outstanding Loans hereunder (including any Loans requested by the Borrower at the Amendment Effective Time), a portion of such loans equal to such excess), SECOND, to pay to each Existing Bank all interest, fees and other amounts (including amounts payable to

Appears in 1 contract

Samples: Secured Credit Agreement (Sealy Corp)

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Reallocation of Loans and Commitments. (a) The Borrower Company and each Bank Lender agree that, effective as of on the Amendment Effective TimeDate, this Agreement amends and restates in its entirety the Existing Agreement. At On the Amendment Effective TimeDate, the Commitments of the Banks Lenders shall be reallocated in accordance with the terms hereof and each Bank shall have a direct or participation share equal to its Percentage of all outstanding Credit Extensionshereof. (b) To facilitate the reallocation described in CLAUSE SUBSECTION (Aa), at on the Amendment Effective TimeDate, (i) all loans under the Existing Agreement shall be deemed to be Loans hereunder, (ii) each Bank Lender which is a party to the Existing Agreement shall transfer to the Administrative Agent an amount equal to the excess, if any, of such Banks Lender's Percentage of all outstanding Loans in Dollars to the Company hereunder (including any Loans in Dollars requested by the Borrower at Company on the Amendment Effective TimeDate) over the amount of all of such BankLender's loans under the Existing Agreement, (iii) each Bank Lender which is not a party to the Existing Agreement shall transfer to the Administrative Agent an amount equal to such BankLender's Percentage of all outstanding Loans in Dollars to the Company hereunder (including any Loans in Dollars requested by the Borrower at Company on the Amendment Effective TimeDate), (iv) the Administrative Agent shall apply the funds received from the Banks Lenders pursuant to CLAUSES (II) and (III), FIRST, on behalf of the Banks Lenders (pro rata according to the amount of the loans each is required to purchase to achieve the reallocation described in CLAUSE SUBSECTION (Aa)), to purchase from each Existing Bank Lender which is not a party hereto the loans of such Existing Bank Lender under the Existing Agreement (and, if applicable to purchase from any Existing Bank Lender which is a party hereto but which has loans under the Existing Agreement in excess of such BankLender's Percentage of all then-outstanding Loans in Dollars hereunder (including any Loans in Dollars requested by the Borrower at Company on the Amendment Effective TimeDate), a portion of such loans equal to such excess), SECOND, to pay to each Existing Bank Lender all interest, fees and other amounts (including amounts payable topursuant to Section 4.4 of the Existing Agreement, assuming for such purpose that the loans under the Existing Agreement were prepaid rather than reallocated on the Effective Date) owed to such Existing Lender under the Existing Agreement (whether or not otherwise then due) and, THIRD, as the Company shall direct and (v) the Company shall select new Interest Periods to apply to all Loans in Dollars hereunder (or, to the extent the Company fails to do so with respect to any Eurodollar Loans, such Loans shall be Base Rate Loans).

Appears in 1 contract

Samples: Credit Agreement (Rayovac Corp)

Reallocation of Loans and Commitments. (a) The Borrower Company and each Bank Lender agree that, effective as of on the Amendment Effective TimeDate, this Agreement amends and restates in its entirety the Existing Agreement. At On the Amendment Effective TimeDate, the Commitments of the Banks Lenders shall be reallocated in accordance with the terms hereof and each Bank Lender shall have a direct or participation share equal to its Percentage of all outstanding Credit Extensions. (b) To facilitate the reallocation described in CLAUSE subsection (Aa), at on the Amendment Effective TimeDate, (i) all loans under the Existing Agreement shall be deemed to be Revolving Loans hereunder, (ii) each Bank Lender which is a party to the Existing Agreement shall transfer to the Administrative Agent an amount equal to the excess, if any, of such Banks Lender's Percentage of all outstanding Revolving Loans hereunder (including any Revolving Loans requested by the Borrower at Company on the Amendment Effective TimeDate) over the amount of all of such BankLender's loans under the Existing Agreement, (iii) each Bank Lender which is not a party to the Existing Agreement shall transfer to the Administrative Agent an amount equal to such BankLender's Percentage of all outstanding Revolving Loans hereunder (including any Revolving Loans requested by the Borrower at Company on the Amendment Effective TimeDate), (iv) the Administrative Agent shall apply the funds received from the Banks Lenders pursuant to CLAUSES clauses (IIii) and (IIIiii), FIRSTfirst, on behalf of the Banks Lenders (pro rata according to the amount of the loans each is required to purchase to achieve the reallocation described in CLAUSE subsection (Aa)), to purchase from each Existing Bank Lender which is not a party hereto the loans of such Existing Bank Lender under the Existing Agreement (and, if applicable to purchase from any Existing Bank Lender which is a party hereto but which has loans under the Existing Agreement in excess of such BankLender's Percentage of all then-outstanding Revolving Loans hereunder (including any Revolving Loans requested by the Borrower at Company on the Amendment Effective TimeDate), a portion of such loans equal to such excess), SECONDsecond, to pay to each Existing Bank Lender all interest, fees and other amounts (including amounts payable toto Section 4.4 of the Existing Agreement, assuming for such purpose that the loans under the Existing Agreement were prepaid rather than reallocated on the Effective Date) owed to such Existing Lender under the Existing Agreement (whether or not otherwise then due) and, third, as the Company shall direct, (v) the Company shall select new Interest Periods to apply to all Revolving Loans hereunder (or, to the extent the Company fails to do so, such Revolving Loans shall be Base Rate Loans).

Appears in 1 contract

Samples: Credit Agreement (Rayovac Corp)

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Reallocation of Loans and Commitments. (a) The Borrower Company and each Bank Lender agree that, effective as of on the Amendment Effective TimeDate, this Agreement amends and restates in its entirety the Existing Agreement. At On the Amendment Effective TimeDate, the Commitments of the Banks Lenders shall be reallocated in accordance with the terms hereof and each Bank Lender shall have a direct or participation share equal to its Percentage of all outstanding Credit Extensions. (b) To facilitate the reallocation described in CLAUSE SUBSECTION (Aa), at on the Amendment Effective TimeDate, (i) all loans under the Existing Agreement shall be deemed to be Revolving Loans hereunder, (ii) each Bank Lender which is a party to the Existing Agreement shall transfer to the Administrative Agent an amount equal to the excess, if any, of such Banks Lender's Percentage of all outstanding Revolving Loans hereunder (including any Revolving Loans requested by the Borrower at Company on the Amendment Effective TimeDate) over the amount of all of such BankLender's loans under the Existing Agreement, (iii) each Bank Lender which is not a party to the Existing Agreement shall transfer to the Administrative Agent an amount equal to such BankLender's Percentage of all outstanding Revolving Loans hereunder (including any Revolving Loans requested by the Borrower at Company on the Amendment Effective TimeDate), (iv) the Administrative Agent shall apply the funds received from the Banks Lenders pursuant to CLAUSES (IIii) and (IIIiii), FIRST, on behalf of the Banks Lenders (pro rata according to the amount of the loans each is required to purchase to achieve the reallocation described in CLAUSE SUBSECTION (Aa)), to purchase from each Existing Bank Lender which is not a party hereto the loans of such Existing Bank Lender under the Existing Agreement (and, if applicable to purchase from any Existing Bank Lender which is a party hereto but which has loans under the Existing Agreement in excess of such BankLender's Percentage of all then-outstanding Revolving Loans hereunder (including any Revolving Loans requested by the Borrower at Company on the Amendment Effective TimeDate), a portion of such loans equal to such excess), SECOND, to pay to each Existing Bank Lender all interest, fees and other amounts (including amounts payable toto Section 4.4 of the Existing Agreement, assuming for such purpose that the loans under the Existing Agreement were prepaid rather than reallocated on the Effective Date) owed to such Existing Lender under the Existing Agreement (whether or not otherwise then due) and, THIRD, as the Company shall direct and (v) the Company shall select new Interest Periods to apply to all Revolving Loans hereunder (or, to the extent the Company fails to do so, such Revolving Loans shall be Base Rate Loans).

Appears in 1 contract

Samples: Credit Agreement (Rayovac Corp)

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