Common use of Revolver Loans Clause in Contracts

Revolver Loans. (a) U.S. Revolver Loans to U.S. Borrowers. Each U.S. Lender agrees, severally and not jointly with the other U.S. Lenders, upon the terms and subject to the conditions set forth herein, to make U.S. Revolver Loans to the U.S. Borrowers on any Business Day during the period from the Closing Date to the U.S. Revolver Commitment Termination Date, not to exceed in aggregate principal amount outstanding at any time such U.S. Lender’s U.S. Revolver Commitment at such time, which U.S. Revolver Loans may be repaid and reborrowed in accordance with the terms and provisions of this Agreement; provided, however, that such U.S. Lenders shall have no obligation to the U.S. Borrowers whatsoever to honor any request for a U.S. Revolver Loan on or after the U.S. Revolver Commitment Termination Date or if the amount of the proposed U.S. Revolver Loan exceeds U.S. Availability on the proposed funding date for such U.S. Revolver Loan. Each Borrowing of U.S. Revolver Loans shall be funded by the U.S. Lenders on a Pro Rata basis. The U.S. Revolver Loans shall bear interest as set forth in Section 3.1. Each U.S. Revolver Loan shall, at the option of the Borrower Agent, be made or continued as, or converted into, part of one or more Borrowings that, unless specifically provided herein, shall consist entirely of U.S. Base Rate Loans or LIBOR Loans. The U.S. Revolver Loans shall be repaid in accordance with the terms of this Agreement and shall be secured by all of the U.S.

Appears in 1 contract

Samples: Loan and Security Agreement (Callaway Golf Co)

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Revolver Loans. (a) U.S. Revolver Loans to U.S. Borrowers. Each U.S. Lender agrees, severally and not jointly with the other U.S. Lenders, upon the terms and subject to the conditions set forth herein, to make U.S. Revolver Loans to the U.S. Borrowers on any Business Day during the period from the Closing Date to date hereof through the U.S. Revolver Commitment Termination DateBusiness Day before the last day of the Original Term, not to exceed in aggregate principal amount outstanding at any time such U.S. Lender’s U.S. Revolver Commitment at such time, which U.S. Revolver Loans may be repaid and reborrowed in accordance with the terms and provisions of this Agreement; provided, however, that such U.S. Lenders shall have no obligation to the U.S. Borrowers whatsoever to honor make any request for a U.S. Revolver Loan on or after the U.S. Revolver Commitment Termination Date or if at the amount time of the proposed U.S. funding thereof the aggregate principal amount of all of the Revolver Loan exceeds U.S. Availability on Loans and Pending Revolver Loans then outstanding exceeds, or would exceed after the proposed funding date for of such U.S. Revolver Loan, the Borrowing Base. Each Borrowing of U.S. Revolver Loans shall be funded by the U.S. Lenders on a Pro Rata basisbasis in accordance with their respective Commitments (except for Bank with respect to Settlement Loans). The U.S. Revolver Loans shall bear interest as set forth in Section 3.12.1 hereof. Each U.S. Revolver Loan shall, at the option of the Borrower AgentBorrowers, be made or continued as, or converted into, part of one or more Borrowings that, unless specifically provided herein, shall consist entirely of U.S. Base Rate Loans or LIBOR Loans. The U.S. Revolver Loans made by each Lender and interest accruing thereon shall be evidenced by the records of Agent and such Lender. All outstanding principal amounts of and accrued interest on the Revolver Loans shall be repaid due and payable as set forth in accordance with the terms of this Agreement and shall be secured by all of the U.S.Section 4.2 hereof.

Appears in 1 contract

Samples: Loan and Security Agreement (Integrated Electrical Services Inc)

Revolver Loans. (a) U.S. Revolver Loans to the U.S. BorrowersBorrower. Each U.S. Lender agrees, severally and not jointly with the other U.S. Lenders, upon the terms and subject to the conditions set forth herein, to make U.S. Revolver Loans to the U.S. Borrowers Borrower on any Business Day during the period from the Closing Date to the U.S. Revolver Commitment Termination Date, not to exceed in aggregate principal amount outstanding at any time such U.S. Lender’s U.S. Revolver Commitment at such time, which U.S. Revolver Loans may be repaid and reborrowed in accordance with the terms and provisions of this Agreement; provided, however, that such U.S. Lenders shall have no obligation to the U.S. Borrowers Borrower whatsoever to honor any request for a U.S. Revolver Loan on or after the U.S. Revolver Commitment Termination Date or if the amount of the proposed U.S. Revolver Loan exceeds U.S. Availability on the proposed funding date for such U.S. Revolver Loan. Each Borrowing of U.S. Revolver Loans shall be funded by the U.S. Lenders on a Pro Rata basis. The U.S. Revolver Loans shall bear interest as set forth in Section 3.1. Each U.S. Revolver Loan shall, at the option of the Borrower AgentU.S. Borrower, be made or continued as, or converted into, part of one or more Borrowings that, unless specifically provided herein, shall consist entirely of U.S. Base Rate Loans or LIBOR Loans. The U.S. Revolver Loans shall be repaid in accordance with the terms of this Agreement and shall be secured by all of the U.S.U.S. Facility Collateral. Each U.S. Revolver Loan shall be funded in Dollars or, at the option of the U.S Borrower, Euros and repaid in the same currency as the underlying U.S. Revolver Loan was made; provided, however, that the aggregate amount of U.S. Revolver Loans that may be denominated in Euros shall not exceed the Dollar Equivalent of $10,000,000 less the Dollar Equivalent of the outstanding U.S. LC Obligations (excluding amounts specified in clause (c) of such definition) denominated in Euros and Sterling; provided, further, however, U.S. Revolver Loans denominated in Euros shall consist entirely of LIBOR Loans.

Appears in 1 contract

Samples: Loan and Security Agreement (Cooper-Standard Holdings Inc.)

Revolver Loans. (a) U.S. Revolver Loans to U.S. Borrowers. Each U.S. Lender agrees, severally and not jointly with the other U.S. Lenders, upon the terms and subject to the conditions set forth herein, to make U.S. Revolver Loans to the U.S. Borrowers on any Business Day during the period from the Closing Date to date hereof through the U.S. Revolver Commitment Termination DateBusiness Day before the last day of the Extended Period, not to exceed in aggregate principal amount outstanding at any time such U.S. Lender’s U.S. Revolver Commitment at such time, which U.S. Revolver Loans may be repaid and reborrowed in accordance with the terms and provisions of this Agreement; provided, however, that such U.S. Lenders shall have no obligation to the U.S. Borrowers whatsoever to honor make any request for a U.S. Revolver Loan on or after the U.S. Revolver Commitment Termination Date or if at the amount time of the proposed U.S. funding thereof the aggregate principal amount of all of the Revolver Loans and Pending Revolver Loans then outstanding exceeds, or would exceed after the funding of such Revolver Loan, the Borrowing Base; provided, further, that it shall be a condition precedent to the Lenders’ obligation to make any Revolver Loan exceeds U.S. Availability during the Extended Period, that Borrowers shall deliver to Agent at the times set forth below a Compliance Certificate demonstrating compliance with the financial covenants set forth in Section 9.3.8. The compliance certificates required in the immediately preceding sentence shall be delivered on the proposed funding date for such U.S. Revolver Loan22nd day after the end of the relevant period set forth in Section 9.3.8. Each Borrowing of U.S. Revolver Loans shall be funded by the U.S. Lenders on a Pro Rata basisbasis in accordance with their respective Commitments (except for Bank with respect to Settlement Loans). The U.S. Revolver Loans shall bear interest as set forth in Section 3.12.1 hereof. Each U.S. Revolver Loan shall, at the option of the Borrower AgentBorrowers, be made or continued as, or converted into, part of one or more Borrowings that, unless specifically provided herein, shall consist entirely of U.S. Base Rate Loans or LIBOR Loans. The U.S. Revolver Loans shall be repaid in accordance with the terms of this Agreement and shall be secured by all of the U.S..”

Appears in 1 contract

Samples: Loan and Security Agreement (Integrated Electrical Services Inc)

Revolver Loans. (a) U.S. Revolver Loans to U.S. Borrowers. Each U.S. Lender agrees, severally to the extent of its Revolver Commitment and not jointly with the other U.S. Lenders, upon the terms and subject to the conditions set forth herein, to make U.S. Revolver Loans to Borrowers at the U.S. Borrowers request of Borrower Agent on any Business Day during the period from the Closing Date to date hereof through the U.S. Revolver earlier of the Commitment Termination DateDate or the Business Day before the last day of the Term, not to exceed in aggregate principal amount outstanding at any time such U.S. Lender’s U.S. Revolver Commitment at such time, which U.S. Revolver Loans may be repaid and reborrowed in accordance with the terms and provisions of this Agreement; provided, however, that such U.S. Lenders shall have no obligation to the U.S. Borrowers whatsoever to honor any request for a U.S. Revolver Loan on or after the U.S. Revolver Commitment Termination Date or if at the amount time of the proposed U.S. funding thereof the aggregate principal amount of all of the Revolver Loan exceeds U.S. Availability on Loans then outstanding and Pending Revolver Loans exceeds, or would exceed after the proposed funding date for of such U.S. Revolver Loan, the Borrowing Base. Each Borrowing of U.S. Revolver Loans shall be funded by the U.S. Lenders on a Pro Rata basisbasis in accordance with their respective Revolver Commitments (except for Bank with respect to Settlement Loans). The U.S. Revolver Loans shall bear interest as set forth in Section 3.1. hereof. Each U.S. Revolver Loan shall, at the option of the Borrower AgentBorrowers, be made or continued as, or converted into, part of one or more Borrowings that, unless specifically provided herein, shall consist entirely of U.S. Base Rate Loans or LIBOR Loans. Out-of-Formula Loans. If the unpaid balance of Revolver Loans outstanding at any time should exceed the Borrowing Base at such time (an “Out-of-Formula Condition”), such Revolver Loans shall nevertheless constitute Obligations that are secured by the Collateral and entitled to all of the benefits of the Credit Documents. In the event that Lenders are willing in their sole and absolute discretion to make Out-of-Formula Loans or are required to do so by Sections 2.1.7 or 13.9.3 hereof, such Out-of-Formula Loans shall be payable on demand and shall bear interest as provided in Section 3.1.5 of this Agreement. Use of Proceeds. The U.S. proceeds of the Revolver Loans shall be repaid in accordance used by Borrowers solely for one or more of the following purposes: (i) to pay the fees and transaction expenses associated with the terms closing of the transactions described herein; (ii) to pay any of the Obligations; (iii) to finance the acquisition of Borrowers by New Parent; (iv) to issue standby or commercial letters or credit; (v) to finance the ongoing general corporate (including working capital and capital expenditure) needs of Borrowers; and (vi) to make expenditures for other lawful corporate purposes of Borrowers to the extent such expenditures are not prohibited by this Agreement and shall or Applicable Law. In no event may any Revolver Loan proceeds be secured used by all any Borrower to make a contribution to the equity of any Subsidiary, to purchase or to carry, or to reduce, retire or refinance any Debt incurred to purchase or carry, any Margin Stock or for any related purpose that violates the provisions of Regulations T, U or X of the U.S.Board of Governors.

Appears in 1 contract

Samples: Credit and Security Agreement (PNA Group Holding CORP)

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Revolver Loans. (a) U.S. Revolver Loans to U.S. Borrowers. Each U.S. Lender agrees, severally to the extent of its Revolver Commitment and not jointly with the other U.S. Lenders, upon the terms and subject to the conditions set forth herein, to make U.S. Revolver Loans to the U.S. Borrowers on any Business Day during the period from the Closing Date to through the U.S. Revolver Commitment Termination DateBusiness Day before the last day of the Term, not to exceed in aggregate principal amount outstanding at any time such U.S. Lender’s U.S. 's Revolver Commitment at such time, which U.S. Revolver Loans may be repaid and reborrowed in accordance with the terms and provisions of this Agreement; provided, however, that such U.S. Lenders shall have no obligation to the U.S. Borrowers whatsoever to honor any request for a U.S. Revolver Loan on or after the U.S. Revolver Commitment Termination Date or if at the amount time of the proposed U.S. funding thereof the aggregate principal amount of all of the Revolver Loan exceeds U.S. Availability on Loans then outstanding (including Swingline Loans) and Pending Revolver Loans exceeds, or would exceed after the proposed funding date for of such U.S. Revolver Loan, the Borrowing Base. Each Borrowing of U.S. Revolver Loans shall be funded by the U.S. Lenders on a Pro Rata basisbasis in accordance with their respective Revolver Commitments (except for BofA with respect to Swingline Loans). The U.S. Revolver Loans shall bear interest as set forth in Section 3.1. Each U.S. Revolver Loan shall, at the option of the Borrower AgentBorrowers, be made or continued as, or converted into, part of one or more Borrowings that, unless specifically provided herein, shall consist entirely of U.S. Base Rate Loans or LIBOR Loans. Out-of-Formula Loans . If the unpaid balance of Revolver Loans outstanding at any time should exceed the Borrowing Base at such time (an "Out-of-Formula Condition"), such Revolver Loans shall nevertheless constitute Obligations that are secured by the Collateral and entitled to all of the benefits of the Loan Documents. In the event that Lenders are willing in their discretion to make Out-of-Formula Loans or are required to do so by Section 13.9.4 or Section 2.1.6, such Out-of-Formula Loans shall bear interest as provided in Section 3.1.5 and shall be payable on demand, provided, that, any Out-of-Formula Loans made by Lenders under Section 13.9.4 or Section 2.1.6 shall be payable at the end of the applicable period permitted by Lenders under Section 13.9.4, or on demand if an Event of Default exists. Use of Proceeds . The U.S. proceeds of the Revolver Loans shall be repaid used by Borrowers solely for one or more of the following purposes: (i) to pay the fees and transaction expenses associated with the closing of the transactions described herein; (ii) to pay any of the Obligations in accordance with this Agreement; and (iii) to make expenditures for working capital and other lawful corporate purposes of Borrowers to the terms extent such expenditures are not prohibited by this Agreement or Applicable Law. In no event may any Revolver Loan proceeds be used by any Borrower (x) to purchase or to carry, or to reduce, retire or refinance any Debt incurred to purchase or carry, any Margin Stock or for any related purpose that violates the provisions of Regulations T, U or X of the Board of Governors, or (y) to fund any operations or finance any investments or activities in, or to make payments to, a Blocked Person. Revolver Notes . The Revolver Loans made by each Lender and interest accruing thereon shall be evidenced by the records of Agent and such Lender and by the Revolver Note payable to such Lender (or the assignee of such Lender), which shall be executed by Borrowers, completed in conformity with this Agreement and delivered to such Lender. All outstanding principal amounts and accrued interest under the Revolver Notes shall be secured by all of the U.S.due and payable as set forth in Section 5.2.

Appears in 1 contract

Samples: Loan and Security Agreement (Alpharma Inc)

Revolver Loans. (a) U.S. Revolver Loans to U.S. Borrowers. Each U.S. Lender agrees, severally and not jointly with the other U.S. Lenders, upon the terms and subject to the conditions set forth herein, to make U.S. Revolver Loans to the U.S. Borrowers from time to time on any Business Day during the period from the Closing Date Day, up to the U.S. Revolver Commitment Termination Date, not to exceed in aggregate a maximum principal amount outstanding at any time such U.S. Lender’s U.S. Revolver Commitment outstanding equal to the Borrowing Base at such time, which U.S. . The Revolver Loans may shall be repaid and may be reborrowed in accordance with the terms and provisions of this Agreement; provided, however, that such U.S. Lenders shall have no obligation to the U.S. Borrowers whatsoever to honor any request for a U.S. Revolver Loan on or after the U.S. Revolver Commitment Termination Date or if the amount of the proposed U.S. Revolver Loan exceeds U.S. Availability on the proposed funding date for such U.S. Revolver Loan. Each Borrowing of U.S. Revolver Loans shall be funded by the U.S. Lenders on a Pro Rata basis. The U.S. Revolver Loans Agreement and shall bear interest as set forth in Section 3.12.1 hereof. Each U.S. Revolver Loan shall, at the option of the Borrower AgentBorrowers, be made or continued as, or converted into, part of one or more Borrowings that, unless specifically provided herein, shall consist entirely of U.S. a Base Rate Loans Loan or a LIBOR LoansLoan. The U.S. initial Revolver Loan hereunder shall be a Base Rate Loan and shall be in a principal amount in excess of $250,000. If the unpaid balance of Revolver Loans outstanding at any time should exceed the Borrowing Base at such time (an "Out-of-Formula Condition"), such Revolver Loans shall be repaid in accordance with the terms of this Agreement and shall be nevertheless constitute Obligations that are secured by the Collateral and entitled to all of the U.S.benefits of the Loan Documents. If Lender is willing in its sole and absolute discretion to make Out-of-Formula Loans, such Out-of-Formula Loans shall be payable ON DEMAND and shall bear interest as provided in this Agreement for Revolver Loans generally or at such higher rate of interest as Lender may require as a condition to making any such Out-of-Formula Loans. Borrowers and Lender agree that, if any event shall occur or any condition shall exist that Lender determines is likely to have a Material Adverse Effect, or if a Default or Event of Default exists, Lender shall have the right (exercisable at such time or times as Lender deems appropriate) to require that separate Borrowing Base calculations be made for each Borrower, as well as the right to limit the use of proceeds of the Loans by each Borrower to an amount that does not exceed at any time such Borrower's Borrowing Base at such time.

Appears in 1 contract

Samples: Loan and Security Agreement (Atlantic Premium Brands LTD)

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