Reimbursement and Other Payments. (a) Borrower hereby agrees to pay to the Administrative Agent, for the ratable accounts of the Lenders, on the date on which the Administrative Agent shall be required to pay any draft presented under any Letter of Credit, a sum (the “Reimbursement Amount”) equal to: (i) the amount so paid under such Letter of Credit, plus (ii) interest on any amount remaining unpaid by the Borrower to the Lenders under clause (i) from and including the date on which such amount becomes payable pursuant to clause (i) until payment in full, payable on demand, at a per annum rate of interest equal to the rate applicable to Revolving Credit Advances. If the Borrower shall fail to pay to the Administrative Agent the Reimbursement Amount on the date on which the Administrative Agent shall be required to pay any draft presented under any Letter of Credit, the Administrative Agent shall, to the extent the Borrower has availability to request a Revolving Credit Advance, consider such failure to be a request for a Revolving Credit Advance in the amount of the Reimbursement Amount. In the event any such Loan is made pursuant to this Section 2.15.4(a), the Administrative Agent shall notify each Lender of such Lender’s Revolving Loan Commitment of such Loan, and such Lender shall make available promptly to the Administrative Agent the corresponding amount of such Loan, all in accordance with Section 2.1(a) hereof. The Borrower agrees that the Administrative Agent may make any such Loan, and each Lender agrees to deliver such Lender’s Revolving Loan Commitment of such Loan, even if the making of such Loan causes the outstanding balance of all Loans to exceed the limits set forth in Section 2.1(a) hereof, and the Borrower further agrees that the making of such Loan by the Administrative Agent in excess of the limits set forth in Section 2.1(a) hereof shall constitute an automatic Default hereunder, entitling the Administrative Agent and the Lenders to exercise all rights and remedies available to them under the Loan Documents and applicable law.
Appears in 1 contract
Samples: Credit Agreement (Presstek Inc /De/)
Reimbursement and Other Payments. (a) The Borrower hereby agrees to pay to the Administrative Agent, for the ratable accounts of the Lenders, Agent on the date on which the Administrative Agent shall be required to pay any draft presented under any Letter of CreditCredit issued for the account of the Borrower, a sum (the “"Reimbursement Amount”") equal to: (i) the amount so paid under such Letter of Credit, plus (ii) interest on any amount remaining unpaid by the Borrower to the Lenders Agent under clause (i) from and including the date on which such amount becomes payable pursuant to clause (i) until payment in full, payable on demand, at a per annum rate of interest equal to the rate applicable to Revolving Credit AdvancesBase Rate Advances of the Borrower under Section 2.3(a). If the Borrower shall fail to pay to the Administrative Agent the Reimbursement Amount on the date on which the Administrative Agent shall be required to pay any draft presented under any such Letter of Credit, the Administrative Agent shall, to the extent the Borrower has availability under the Revolving Credit Facility to request a Revolving Credit Advancean Advance and in the absence of an event of the type referred to in Section 10.1(f) hereof, consider such failure to be a request for a Revolving Credit Base Rate Advance in the amount of the unpaid Reimbursement Amount. In , and, to the event any extent the Agent has received each Lender's Revolving Credit Commitment Percentage of the amount paid by the Agent under such Loan is made pursuant to this Section 2.15.4(a)Letter of Credit, the Administrative Agent shall notify each Lender apply the proceeds of such Lender’s Revolving Loan Commitment of such Loan, and such Lender shall make available promptly Advance to the Administrative Agent the corresponding amount of such Loan, all in accordance with Section 2.1(a) hereof. The Borrower agrees that the Administrative Agent may make any such Loan, and each Lender agrees to deliver such Lender’s Revolving Loan Commitment of such Loan, even if the making of such Loan causes the outstanding balance of all Loans to exceed the limits set forth in Section 2.1(a) hereof, and the Borrower further agrees that the making of such Loan by the Administrative Agent in excess of the limits set forth in Section 2.1(a) hereof shall constitute an automatic Default hereunder, entitling the Administrative Agent and reimburse the Lenders to exercise all rights and remedies available to them under for such amounts received from the Loan Documents and applicable lawLenders.
Appears in 1 contract
Reimbursement and Other Payments. (a) Borrower hereby agrees to pay to the Administrative Agent, for the ratable accounts of the Lenders, on the date on which the Administrative Agent shall be required to pay any draft presented under any Letter of Credit, a sum (the “"Reimbursement Amount”") equal to: (i) the amount so paid under such Letter of Credit, plus (ii) interest on any amount remaining unpaid by the Borrower to the Lenders under clause (i) from and including the date on which such amount becomes payable pursuant to clause (i) until payment in full, payable on demand, at a per annum rate of interest equal to the rate applicable to Revolving Credit Advances. If the Borrower shall fail to pay to the Administrative Agent the Reimbursement Amount on the date on which the Administrative Agent shall be required to pay any draft presented under any Letter of Credit, the Administrative Agent shall, to the extent the Borrower has have availability to request a Revolving Credit Advance, consider such failure to be a request for a Revolving Credit Advance in the amount of the Reimbursement Amount. In the event any such Loan is made pursuant to this Section 2.15.4(a), the Administrative Agent shall notify each Lender of such Lender’s 's Revolving Loan Commitment of such Loan, and such Lender shall make available promptly to the Administrative Agent the corresponding amount of such Loan, all in accordance with Section 2.1(a) hereof. The Borrower agrees that the Administrative Agent may make any such Loan, and each Lender agrees to deliver such Lender’s 's Revolving Loan Commitment of such Loan, even if the making of such Loan causes the outstanding balance of all Loans to exceed the limits set forth in Section 2.1(a) hereof, and the Borrower further agrees that the making of such Loan by the Administrative Agent in excess of the limits set forth in Section 2.1(a) hereof shall constitute an automatic Default hereunder, entitling the Administrative Agent and the Lenders to exercise all rights and remedies available to them under the Loan Lender Documents and applicable law.
Appears in 1 contract
Samples: Credit Agreement (Presstek Inc /De/)
Reimbursement and Other Payments. (a) Borrower The Borrowers, jointly and severally, hereby agrees agree to pay to the Administrative Agent, for the ratable accounts of the Lenders, on the date on which the Administrative Agent shall be required to pay any draft presented under any Letter of Credit, a sum (the “"Reimbursement Amount”") equal to: (i) the amount so paid under such Letter of Credit, plus (ii) interest on any amount remaining unpaid by the Borrower Borrowers to the Lenders under clause (i) from and including the date on which such amount becomes payable pursuant to clause (i) until payment in full, payable on demand, at a per annum rate of interest equal to the rate applicable to Revolving Credit AdvancesLoans under Section 2.7 (a) plus any additional interest under Section 2.12. If the Borrower Borrowers shall fail to pay to the Administrative Agent the Reimbursement Amount on the date on which the Administrative Agent shall be required to pay any draft presented under any Letter of Credit, the Administrative Agent shall, to the extent the Borrower has Borrowers have availability to request a Revolving Credit AdvanceLoan, consider such failure to be a request for a Revolving Credit Advance Loan in the amount of the Reimbursement Amount. In the event any such Loan is made pursuant to this Section 2.15.4(a2.16.4(a), the Administrative Agent shall notify each Lender of such Lender’s Revolving Loan 's Commitment Percentage of such Loan, and such Lender shall make available promptly to the Administrative Agent the corresponding amount of such Loan, all in accordance with Section 2.1(a) 2.2 hereof. The Borrower agrees Borrowers, jointly and severally, agree that the Administrative Agent may make any such Loan, and each Lender agrees to deliver such Lender’s Revolving Loan 's Commitment Percentage of such Loan, even if the making of such Loan causes the outstanding balance of all Loans to exceed the limits set forth in Section 2.1(a) 2.1 hereof, and the Borrower Borrowers further agrees agree that the making of such Loan by the Administrative Agent in excess of the limits set forth in Section 2.1(a) 2.1 hereof shall constitute an automatic Default hereunderunder Section VII, entitling the Administrative Agent and the Lenders to exercise all rights and remedies available to them under the Loan Documents Lender Agreements and applicable law.
Appears in 1 contract
Samples: Credit Agreement (Brookstone Inc)
Reimbursement and Other Payments. (a) Subject to the following provisions of this Section 2.3, Borrower hereby agrees to pay to Bank, but only after Bank honors any draft presented under the Administrative AgentLetter of Credit, for (i) no later than the ratable accounts end of the Lenders, on first Business Day following the date day on which the Administrative Agent Bank shall be required to pay any draft presented under any the Letter of Credit, Credit a sum (the “Reimbursement Amount”) equal to: (i) to the amount so paid under such the Letter of Credit, plus (ii) interest on any amount remaining unpaid by the Borrower to the Lenders Bank under clause (i) above from and including the date on which such amount becomes payable pursuant to clause (i) until payment in full, payable on demand, at a such fluctuating interest rate per annum as shall be in effect from time to time, which rate per annum shall at all times be equal to the Base Rate plus three percent (3.0%), the rate of interest equal payable hereunder to change concurrently with each change in the Base Rate, but in no event shall such fluctuating interest rate be higher than the maximum rate permitted by applicable to Revolving Credit AdvancesLaws. If Notwithstanding the Borrower shall fail to pay to the Administrative Agent the Reimbursement Amount on the date on which the Administrative Agent shall be required to pay foregoing, if no Event of Default exists hereunder, and if Bank honors any draft presented under the Letter of Credit to pay the Purchase Price of Tendered Bonds (a “Purchase Drawing”), Borrower shall not be obligated to pay the amounts set forth in paragraph (A) immediately preceding and instead such amount shall be paid as follows: On the first day of each month following the date of the Purchase Drawing, and on the first day of each month thereafter until the entire Purchase Drawing is paid in full, Borrower shall pay to Bank all accrued and unpaid interest on the outstanding balance of the Purchase Drawing, interest to accrue at the Base Rate. On the first day of each of January, April, July and October, Borrower shall pay to Bank a principal payment in an amount equal to the quotient obtained by dividing the principal amount of the Purchase Drawing by the number of quarterly payment dates from the date of the Purchase Drawing through October 1, 2017. If not earlier demanded pursuant to Article VI hereof, the outstanding principal balance of the Purchase Drawing, together with all accrued and unpaid interest thereon, shall be due and payable to Bank on the earlier of (i) the Expiration Date, or (ii) September 30, 2017. Any Purchase Drawing may be prepaid by Borrower on any date without premium or penalty. If Debt Service (as defined in the Indenture) is received by Bank with respect to Pledged Bonds (as defined in the Indenture) the amount so received shall be credited first against interest payable on the unreimbursed amount of the related Purchase Drawing, and the balance shall be credited against the amount of such Purchase Drawing. Borrower hereby agrees to pay to Bank an annual letter of credit commission with respect to the amount available to be drawn under the Letter of Credit, computed at the Administrative Agent shallrate of one percent (1.0%) per annum of the Stated Amount (as defined in the Letter of Credit) of the Letter of Credit, as reduced from time to time; until the Expiration Date, the first such annual commission to be payable in advance on the date of issuance of the Letter of Credit, and each other such annual commission to be payable on or before October 1 of each year thereafter until the Expiration Date. Upon termination of the Letter of Credit and the return of the original thereof to Bank, within ten (10) days thereof Bank shall pay to Borrower a refund of any annual letter of credit commission equal to the extent the Borrower has availability to request a Revolving Credit Advance, consider such failure to be a request for a Revolving Credit Advance in product of (i) the amount of the Reimbursement Amountannual letter of credit commission theretofore paid, multiplied by (ii) the number of days remaining through October 1 of the applicable year from the date the Letter of Credit is terminated and returned, divided by 365 days. In If any change in any Law or regulation or in the event interpretation thereof by any such Loan is made pursuant to this Section 2.15.4(a)court or Governmental Authority charged with the administration thereof or any compliance by Bank with any guideline or request from any central bank or Governmental Authority (whether or not having the force of law) shall either (i) affect, the Administrative Agent shall notify each Lender impose, modify or deem applicable any reserve, special deposit, capital maintenance or similar requirement against letters of such Lender’s Revolving Loan Commitment of such Loancredit (or similar contingent obligations) issued by, and such Lender shall make available promptly to the Administrative Agent the corresponding or amount of such Loancapital required or expected to be maintained by, all or assets held by, or deposits in accordance with Section 2.1(aor for the account of, Bank or any corporation controlling Bank or (ii) hereof. The Borrower agrees that impose on Bank or any corporation controlling Bank any other condition regarding this Agreement or the Administrative Agent may make any such Loan, and each Lender agrees to deliver such Lender’s Revolving Loan Commitment Letter of such Loan, even if the making of such Loan causes the outstanding balance of all Loans to exceed the limits set forth in Section 2.1(a) hereofCredit, and the Borrower further agrees that result of any event referred to in the making preceding clause (i) or (ii) shall be to increase the cost to Bank or any corporation controlling Bank of issuing or maintaining the Letter of Credit (which increase in cost shall be determined by Bank’s reasonable allocation of the aggregate of such Loan cost increases resulting from any such event), then, upon demand by Bank, Borrower shall immediately pay to Bank, from time to time as specified by Bank, additional amounts which shall be sufficient to compensate Bank or any corporation controlling Bank for such increased cost. A certificate as to such increased cost incurred by Bank as a result of any event mentioned in clause (i) or (ii) above, submitted by Bank to Borrower, shall, in the Administrative Agent in excess absence of manifest error, be conclusive and binding for all purposes. Borrower hereby agrees to pay to Bank, on demand, sums equal to any and all reasonable charges and expenses which Bank may pay or incur, and all other customary charges of Bank, relative to the issuance of the limits set forth Letter of Credit or to any payment by Bank thereunder. Payments and Computations. Borrower shall make each payment hereunder not later than 12:00 p.m. (Central Time) on the day when due in lawful money of the United States of America to Bank at its address referred to in Section 2.1(a) 7.2 hereof shall constitute an automatic Default in same day funds. Borrower hereby authorizes Bank, if and to the extent payment is not made when due hereunder, entitling to charge from time to time against Borrower’s account with Bank any amount so due. Computations of interest and letter of credit commission due hereunder shall be made by Bank on the Administrative Agent and basis of a year of 365 days for the Lenders to exercise all rights and remedies available to them under actual number of days (including the Loan Documents and applicable lawfirst day but excluding the last day) elapsed.
Appears in 1 contract
Reimbursement and Other Payments. (a) Borrower The Borrowers, jointly and severally, hereby agrees agree to pay to the Administrative Agent, for the ratable accounts of the Lenders, on the date on which the Administrative Agent shall be required to pay any draft presented under any Letter of Credit, a sum (the “"Reimbursement Amount”") equal to: (i) the amount so paid under such Letter of Credit, plus (ii) interest on any amount remaining unpaid by the Borrower Borrowers to the Lenders under clause (i) from and including the date on which such amount becomes payable pursuant to clause (i) until payment in full, payable on demand, at a per annum rate of interest equal to the rate applicable to Revolving Credit AdvancesLoans under Section 2.7 (a) plus any additional interest under Section 2.12. If the Borrower Borrowers shall fail to pay to the Administrative Agent the Reimbursement Amount on the date on which the Administrative Agent shall be required to pay any draft presented under any Letter of Credit, the Administrative Agent shall, to the extent the Borrower has Borrowers have availability to request a Revolving Credit AdvanceLoan, consider such failure to be a request for a Revolving Credit Advance Loan in the amount of the Reimbursement Amount. In the event any such Loan is made pursuant to this Section 2.15.4(a2.16.4(a), the Administrative Agent shall notify each Lender of such Lender’s Revolving Loan 's Commitment Percentage of such Loan, and such Lender shall make available promptly to the Administrative Agent the corresponding amount of such Loan, all in accordance with Section 2.1(a) 2.2 hereof. The Borrower agrees Borrowers, jointly and severally, agree that the Administrative Agent may make any such Loan, and each Lender agrees to deliver such Lender’s Revolving Loan 's Commitment Percentage of such Loan, even if the making of such Loan causes the outstanding balance of all Loans to exceed the limits set forth in Section 2.1(a) 2.1 hereof, and the Borrower Borrowers further agrees agree that the making of such Loan by the Administrative Agent in excess of the limits set forth in Section 2.1(a) 2.1 hereof shall constitute an automatic Default hereunderunder Section VII, entitling the Administrative Agent and the Lenders to exercise all rights and remedies available to them under the Loan Documents Lender ements and applicable law.
Appears in 1 contract
Samples: Credit Agreement (Brookstone Inc)
Reimbursement and Other Payments. (a) Borrower The Borrowers, jointly and severally, hereby agrees agree to pay to the Administrative Agent, for the ratable accounts of the Lenders, on the date on which the Administrative Agent shall be required to pay any draft presented under any Letter of Credit, a sum (the “"Reimbursement Amount”") equal to: (i) the amount so paid under such Letter of Credit, plus (ii) interest on any amount remaining unpaid by the Borrower Borrowers to the Lenders under clause (i) from and including the date on which such amount becomes payable pursuant to clause (i) until payment in full, payable on demand, at a per annum rate of interest equal to the rate applicable to Revolving Credit Advances. If the Borrower Borrowers shall fail to pay to the Administrative Agent the Reimbursement Amount on the date on which the Administrative Agent shall be required to pay any draft presented under any Letter of Credit, the Administrative Agent shall, to the extent the Borrower has Borrowers have availability to request a Revolving Credit Advance, consider such failure to be a request for a Revolving Credit Advance in the amount of the Reimbursement Amount. In the event any such Loan is made pursuant to this Section 2.15.4(a1.17.4(a), the Administrative Agent shall notify each Lender of such Lender’s 's Revolving Loan Commitment of such Loan, and such Lender shall make available promptly to the Administrative Agent the corresponding amount of such Loan, all in accordance with Section 2.1(a1.1(a) hereof. The Borrower agrees Borrowers, jointly and severally, agree that the Administrative Agent may make any such Loan, and each Lender agrees to deliver such Lender’s 's Revolving Loan Commitment of such Loan, even if the making of such Loan causes the outstanding balance of all Loans to exceed the limits set forth in Section 2.1(a1.1(a) hereof, and the Borrower Borrowers further agrees agree that the making of such Loan by the Administrative Agent in excess of the limits set forth in Section 2.1(a1.1(a) hereof shall constitute an automatic Default hereunder, entitling the Administrative Agent and the Lenders to exercise all rights and remedies available to them under the Loan Lender Documents and applicable law.
Appears in 1 contract
Reimbursement and Other Payments. (a) Borrower The Borrowers, jointly and severally, hereby agrees agree to pay to the Administrative Agent, for the ratable accounts of the Lenders, on the date on which the Administrative Agent shall be required to pay any draft presented under any Letter of Credit, a sum (the “"Reimbursement Amount”") equal to: (i) the amount so paid under such Letter of Credit, plus (ii) interest on any amount remaining unpaid by the Borrower Borrowers to the Lenders under clause (i) from and including the date on which such amount becomes payable pursuant to clause (i) until payment in full, payable on demand, at a per annum rate of interest equal to the rate applicable to Revolving Credit AdvancesBase Rate Loans plus any additional interest under Section 2.12. If the Borrower Borrowers shall fail to pay to the Administrative Agent the Reimbursement Amount on the date on which the Administrative Agent shall be required to pay any draft presented under any Letter of Credit, the Administrative Agent shall, to the extent the Borrower has Borrowers have availability to request a Revolving Credit AdvanceLoan, consider such failure to be a request for a Revolving Credit Advance Loan in the amount of the Reimbursement Amount. In the event any such Loan is made pursuant to this Section 2.15.4(a2.16.4(a), the Administrative Agent shall notify each Lender of such Lender’s Revolving Loan 's Commitment Percentage of such Loan, and such Lender shall make available promptly to the Administrative Agent the corresponding amount of such Loan, all in accordance with Section 2.1(a) 2.2 hereof. The Borrower agrees Borrowers, jointly and severally, agree that the Administrative Agent may make any such Loan, and each Lender agrees to deliver such Lender’s Revolving Loan 's Commitment Percentage of such Loan, even if the making of such Loan causes the outstanding balance of all Loans to exceed the limits set forth in Section 2.1(a) 2.1 hereof, and the Borrower Borrowers further agrees agree that the making of such Loan by the Administrative Agent in excess of the limits set forth in Section 2.1(a) 2.1 hereof shall constitute an automatic Events of Default hereunderunder Section VII, entitling the Administrative Agent and the Lenders to exercise all rights and remedies available to them under the Loan Documents Lender Agreements and applicable law.
Appears in 1 contract
Samples: Credit Agreement (Brookstone Inc)
Reimbursement and Other Payments. (a) The Borrower hereby agrees to pay to the Administrative Agent, for the ratable accounts of the Lenders, on the date on which the Administrative Agent shall be required to pay any draft presented under any Letter of Credit, a sum (the “"Reimbursement Amount”") equal to: (i) the amount so paid under such Letter of Credit, plus (ii) interest on any amount remaining unpaid by the Borrower to the Lenders under clause (i) from and including the date on which such amount becomes payable pursuant to clause (i) until payment in full, payable on demand, at a per annum rate of interest equal to the rate applicable to Revolving Credit Advances. If the Borrower shall fail to pay to the Administrative Agent the Reimbursement Amount on the date on which the Administrative Agent shall be required to pay any draft presented under any Letter of Credit, the Administrative Agent shall, to the extent the Borrower has availability to request a Revolving Credit Advance, consider such failure to be a request for a Revolving Credit Advance in the amount of the Reimbursement Amount. In the event any such Loan is made pursuant to this Section 2.15.4(a1.17.4(a), the Administrative Agent shall notify each Lender of such Lender’s 's Revolving Loan Commitment of such Loan, and such Lender shall make available promptly to the Administrative Agent the corresponding amount of such Loan, all in accordance with Section 2.1(a1.1(a) hereof. The Borrower agrees that the Administrative Agent may make any such Loan, and each Lender agrees to deliver such Lender’s 's Revolving Loan Commitment of such Loan, even if the making of such Loan causes the outstanding balance of all Loans to exceed the limits set forth in Section 2.1(a1.1(a) hereof, and the Borrower further agrees agree that the making of such Loan by the Administrative Agent in excess of the limits set forth in Section 2.1(a1.1(a) hereof shall constitute an automatic Default hereunder, entitling the Administrative Agent and the Lenders to exercise all rights and remedies available to them under the Loan Lender Documents and applicable law.
Appears in 1 contract
Samples: Credit Agreement (Green Mountain Coffee Roasters Inc)
Reimbursement and Other Payments. (a) Borrower The Obligor hereby agrees with the Bank as follows: (i) to pay to the Administrative AgentBank, for following payment by the ratable accounts Bank of the Lenders, on the date on which the Administrative Agent shall be required to pay any draft presented under any a Letter of Credit other than a "Purchase Draft" (as defined in the Letter of Credit), and on the same day on which such draft is so paid, a sum (the “Reimbursement Amount”and interest on such sum as provided in clause (iii) below) equal to: (i) to the amount so paid under the Letter of Credit plus any and all reasonable charges and expenses which the Bank may pay or incur relative to such Letter of Credit, plus ; (ii) to pay the Bank, following payment by the Bank of a Purchase Draft, and on the same day on which a Purchase Draft is paid, an amount equal to the accrued interest paid by such payment, plus sums from time to time in installments sufficient to maintain the amortization schedule for the Bonds, which schedule is attached hereto as Exhibit B, together with interest on such moneys outstanding at a fluctuating interest rate per annum (computed on the basis of a 360 day year for the actual number of days elapsed) as shall be in effect from time to time, which rate per annum shall be equal to the rate publicly announced by the Bank as its "Prime Rate" (the "Prime Rate"), but such interest rate shall in no event be higher than the maximum rate permitted by law, which interest shall be payable monthly; and (iii) to pay the Bank, interest on any amount and all amounts remaining unpaid by the Borrower to Obligor hereunder, other than the Lenders under clause (i) principal portion of a Purchase Draft following a Purchase Draft, at any time from and including the date on which any such amount becomes payable pursuant to clause (i) until payment in full, payable on demand, at a fluctuating interest rate per annum (computed on the basis of a 360 day year for the actual number of days elapsed) as shall be in effect from time to time, which rate of interest per annum shall be equal to three percent (3%) above its Prime Rate, provided that such fluctuating interest rate shall in no event be higher than the maximum rate applicable to Revolving Credit Advances. If the Borrower shall fail to pay to the Administrative Agent the Reimbursement Amount on the date on which the Administrative Agent shall be required to pay any draft presented under any Letter of Creditpermitted by law and, the Administrative Agent shallin addition, to the extent the Borrower has availability to request a Revolving Credit Advance, consider such failure to be a request for a Revolving Credit Advance in the amount of the Reimbursement Amount. In the event any such Loan is made pursuant to this Section 2.15.4(a), the Administrative Agent shall notify each Lender of such Lender’s Revolving Loan Commitment of such Loan, and such Lender shall make available promptly to the Administrative Agent the corresponding amount of such Loan, all in accordance with Section 2.1(a) hereof. The Borrower agrees that the Administrative Agent may make any such Loan, and each Lender agrees to deliver such Lender’s Revolving Loan Commitment of such Loan, even if the making of such Loan causes the outstanding balance of all Loans to exceed the limits set forth in Section 2.1(a) hereof, and the Borrower further agrees that the making of such Loan upon demand by the Administrative Agent Bank any and all reasonable expenses including but not limited to legal expenses incurred by the Bank in excess of the limits set forth enforcing any rights under this Agreement or any other collateral agreement entered into in Section 2.1(a) hereof shall constitute an automatic Default hereunder, entitling the Administrative Agent and the Lenders to exercise all rights and remedies available to them under the Loan Documents and applicable lawconjunction herewith.
Appears in 1 contract
Samples: Loan Agreement (Autocam Corp/Mi)