Common use of Repayments of Overadvances; Overadvances Clause in Contracts

Repayments of Overadvances; Overadvances. If at any time the Revolving Loan Outstandings exceeds either the Revolving Loan Availability or the Total Revolving Loan Commitment, or any portion of the Revolving Loan Outstandings exceed any applicable sublimit within the Revolving Loan Availability, Borrowers shall immediately, and without the necessity of demand by Administrative Agent, pay to Administrative Agent such amount as may be necessary to eliminate such excess and Administrative Agent shall apply such payment to the Revolving Loans to eliminate such excess; provided that Administrative Agent may, in its sole discretion, permit such excess (the "Overadvance") to remain outstanding and continue to cause Revolving Loans to be advanced to Borrowers (including by the Swing Line Lender) without the consent of any Lender for a period of up to forty-five (45) calendar days, so long as (i) the amount of the Overadvances does not exceed at any time fifteen percent (15%) of the Total Revolving Loan Commitment, (ii) the Revolving Loan Outstandings do not exceed the Total Revolving Loan Commitment, and (iii) Administrative Agent has not been notified by Required Lenders to cease making such Revolving Loans. If the Overadvance is not repaid in full within forty-five (45) days of the initial occurrence of the Overadvance, no future advances may be made to Borrowers without the consent of Required Lenders until the Overadvance is repaid in full.

Appears in 2 contracts

Samples: Loan and Security Agreement (S&W Seed Co), Loan and Security Agreement (S&W Seed Co)

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Repayments of Overadvances; Overadvances. The aggregate unpaid principal balance of the Revolving Loans plus the amount of Swing Line Loans outstanding at any such time shall not at any time exceed the Maximum Available Amount. If at any time the principal amount of the outstanding Revolving Loan Outstandings Loans exceeds either the Revolving Loan Availability or the Total Revolving Loan Commitment, Maximum Available Amount or any portion of the Revolving Loan Outstandings exceed Loans and Letter of Credit Obligations exceeds any applicable sublimit within CHICAGO/#2647830.13 the Revolving Loan Availability, Borrowers shall immediately, and without the necessity of demand by Administrative Agent, pay to Administrative Agent such amount as may be necessary to eliminate such excess and Administrative Agent shall apply such payment to the Revolving Loans to eliminate such excess; provided that Administrative Agent may, in its sole discretion, permit such excess (the "Overadvance") to remain outstanding and continue to cause Revolving Loans to be advanced to Borrowers (including by the Swing Line Lender) without the consent of any Lender for a period of up to forty-five thirty (4530) calendar days, so long as (i) the amount of the Overadvances does not exceed at any time fifteen percent Two Million Dollars (15%) of the Total Revolving Loan Commitment$2,000,000), (ii) the aggregate outstanding principal balance of the Revolving Loan Outstandings do Loans does not exceed the Total Revolving Loan Commitment, and (iii) Administrative Agent has not been notified by Required Lenders to cease making such Revolving Loans. If the any Overadvance is not repaid in full within forty-five thirty (4530) days of after the initial occurrence of the such Overadvance, no future advances may be made to Borrowers Borrower without the consent of Required all Lenders until the Overadvance is repaid in full.

Appears in 1 contract

Samples: Loan and Security Agreement (Westmoreland Resource Partners, LP)

Repayments of Overadvances; Overadvances. The aggregate unpaid principal balance of the Revolving Loans plus the amount of Swing Line Loans outstanding at any such time shall not at any time exceed the lesser of (i) Revolving Loan Availability minus the Letter of Credit Obligations and (ii) the Total Revolving Loan Commitment minus the Letter of Credit Obligations. If at any time the principal amount of the outstanding Revolving Loan Outstandings Loans exceeds either the Revolving Loan Availability or the Total Revolving Loan Commitment, in each case minus the Letter of Credit Obligations, or any portion of the Revolving Loan Outstandings exceed Loans and Letter of Credit Obligations exceeds any applicable sublimit within the Revolving Loan Availability, Borrowers shall immediately, and without the necessity of demand by Administrative Agent, pay to Administrative Agent such amount as may be necessary to eliminate such excess and Administrative Agent shall apply such payment to the Revolving Loans to eliminate such excess; provided that Administrative Agent may, in its sole discretion, permit such excess (the "Overadvance") to remain outstanding and continue to cause Revolving Loans to be advanced to Borrowers (including by the Swing Line Lender) without the consent of any Lender for a period of up to forty-five thirty (4530) calendar days, so long as (i) the amount of the Overadvances does not exceed at any time fifteen percent Five Million Dollars (15%) of the Total Revolving Loan Commitment$5,000,000), (ii) the aggregate outstanding principal balance of the Revolving Loan Outstandings do Loans does not exceed the Total Revolving Loan Commitment, and (iii) Administrative Agent has not been notified by Required Lenders to cease making such Revolving Loans. If the any Overadvance is not repaid in full within forty-five thirty (4530) days of after the initial occurrence of the such Overadvance, no future advances may be made to Borrowers Borrower without the consent of Required all Lenders until the Overadvance is repaid in full.

Appears in 1 contract

Samples: Loan and Security Agreement (WESTMORELAND COAL Co)

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Repayments of Overadvances; Overadvances. If at any time the Revolving Loan Outstandings exceeds either the Revolving Loan Availability or the Total Revolving Loan Commitment, or any portion of the Revolving Loan Outstandings exceed any applicable sublimit within the Revolving Loan Availability, Borrowers Borrower shall immediately, and without the necessity of demand by Administrative Agent, pay to Administrative Agent such amount as may be necessary to eliminate such excess and Administrative Agent shall apply such payment to the Revolving Loans to eliminate such excess; provided that Administrative Agent may, in its sole discretion, permit such excess (the "Overadvance") to remain outstanding and continue to cause Revolving Loans to be advanced to Borrowers Borrower (including by the Swing Line Lender) without the consent of any Lender for a period of up to forty-five thirty (4530) calendar days, so long as (i) the amount of the Overadvances does not exceed at any time fifteen percent Three Million Five Hundred and No/100 Dollars (15%) of the Total Revolving Loan Commitment$3,500,000), (ii) the Revolving Loan Outstandings do not exceed the Total Revolving Loan Commitment, and (iii) Administrative Agent has not been notified by Required Lenders to cease making such Revolving Loans. If the Overadvance is not repaid in full within forty-five thirty (4530) days of the initial occurrence of the Overadvance, no future advances may be made to Borrowers Borrower without the consent of Required all Lenders until the Overadvance is repaid in full.

Appears in 1 contract

Samples: Loan and Security Agreement (Broadwind Energy, Inc.)

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