Revolver Advances. (a) Subject to the terms and conditions of this Agreement, and during the term of this Agreement, each Lender with a Revolver Commitment agrees (severally, not jointly or jointly and severally) to make advances (“Advances”) to Borrower in an amount at any one time outstanding not to exceed such Lender’s Pro Rata Share of an amount equal to the lesser of (i) the Maximum Revolver Amount less the sum of (x) the Letter of Credit Usage and (y) the Bank Product Reserve at such time, and (ii) the Credit Amount at such time less the sum of (x) Letter of Credit Usage and (y) the Bank Product Reserve at such time. (b) Amounts borrowed pursuant to this Section 2.1 may be repaid and, subject to the terms and conditions of this Agreement, reborrowed at any time during the term of this Agreement. The outstanding principal amount of the Advances, together with interest accrued thereon, shall be due and payable on the Maturity Date or, if earlier, on the date on which they are declared due and payable pursuant to the terms of this Agreement. (c) Anything to the contrary in this Section 2.1 notwithstanding, Agent shall have the right to establish reserves against the Credit Amount or the Maximum Revolver Amount in such amounts, and with respect to such matters, as Agent in its Permitted Discretion shall deem necessary or appropriate, including without limitation, the Bank Product Reserve.
Appears in 3 contracts
Samples: Credit Agreement (Omniture, Inc.), Credit Agreement (Omniture, Inc.), Credit Agreement (Omniture, Inc.)
Revolver Advances. (a) Subject to the terms and conditions of this Agreement, and during the term of this Agreement, each Lender with a Revolver Commitment agrees (severally, not jointly or jointly and severally) to make advances revolving loans (“Advances”) to Borrower in an amount at any one time outstanding not to exceed the lesser of:
(i) such Lender’s Revolver Commitment, or
(ii) such Lender’s Pro Rata Share of an amount equal to the lesser of (i) the Maximum Revolver Amount less the sum of (x1) the Letter of Credit Usage and (y) the Bank Product Reserve at such time, and plus (ii2) the Credit Amount at such time less the sum principal amount of (x) Letter of Credit Usage and (y) the Bank Product Reserve Swing Loans outstanding at such time.
(b) Amounts borrowed pursuant to this Section 2.1 may be repaid and, subject to the terms and conditions of this Agreement, reborrowed at any time during the term of this Agreement. The outstanding principal amount of the Advances, together with interest accrued thereon, shall be due and payable on the Maturity Date or, if earlier, on the date on which they are declared due and payable pursuant to the terms of this Agreement.
(c) Anything to the contrary in this Section 2.1 notwithstanding, Agent shall have the right (but not the obligation) to establish reserves from time to time against the Credit Amount or the Maximum Revolver Amount in such amounts, and with respect an amount equal to such matters, as Agent in its Permitted Discretion shall deem necessary or appropriate, including without limitation, the Aggregate Bank Product ReserveReserve Amount.
Appears in 1 contract
Revolver Advances. (a) Subject to the terms and conditions of this Agreement, and during the term of this Agreement, each Lender with a Revolver Commitment agrees (severally, not jointly or jointly and severally) to make advances revolving loans (“Advances”) to Borrower in an amount at any one time outstanding not to exceed the lesser of:
(i) such Lender’s Revolver Commitment, or
(ii) such Lender’s Pro Rata Share of an amount equal to the lesser of of:
(iA) the Maximum Revolver Amount less the sum of (x1) the Letter of Credit Usage and (y) the Bank Product Reserve at such time, and plus (ii2) the principal amount of Swing Loans outstanding at such time, and
(B) the Credit Amount at such time less the sum of (x1) the Letter of Credit Usage and at such time, plus (y2) the Bank Product Reserve principal amount of Swing Loans outstanding at such time, plus (3) the outstanding principal balance of the Term Loan at such time.
(b) Amounts borrowed pursuant to this Section 2.1 may be repaid and, subject to the terms and conditions of this Agreement, reborrowed at any time during the term of this Agreement. The outstanding principal amount of the Advances, together with interest accrued thereon, shall be due and payable on the Maturity Date or, if earlier, on the date on which they are declared due and payable pursuant to the terms of this Agreement.
(c) Anything to the contrary in this Section 2.1 notwithstanding, Agent shall have the right (but not the obligation) to establish reserves from time to time against the Credit Amount or the Maximum Revolver Amount in such amounts, and with respect an amount equal to such matters, as Agent in its Permitted Discretion shall deem necessary or appropriate, including without limitation, the Bank Product ReserveReserve Amount.
Appears in 1 contract