Revolving B Loans. Each Revolving B Lender severally agrees, subject to the limitations set forth below with respect to the ----------------- maximum amount of Revolving B Loans permitted to be outstanding from time to time, to lend to Borrowers from time to time during the period from the Closing Date to but excluding the Revolving B Loan Commitment Termination Date an aggregate amount not exceeding its Pro Rata Share of the aggregate amount of the Revolving B Loan Commitments to be used for the purposes identified in subsection 2.5B. The original amount of each Revolving B Lender's Revolving B Loan Commitment is set forth opposite its name on Schedule 2.1 annexed hereto and the aggregate original amount of ------------ the Revolving B Loan Commitments is $31,000,000; provided that the Revolving B Loan Commitments of Revolving B -------- Lenders shall be adjusted to give effect to any assignments of the Revolving B Loan Commitments pursuant to subsection 10.1B and shall be reduced from time to time by the amount of any reductions thereto made pursuant to subsection 2.4. Each Revolving B Lender's Revolving B Loan Commitment shall expire on the Revolving B Loan Commitment Termination Date and all Revolving B Loans and all other amounts owed hereunder with respect to the Revolving B Loans and the Revolving B Loan Commitments shall be paid in full no later than that date; provided that -------- each Revolving B Lender's Revolving B Loan Commitment shall expire immediately and without further action on February 7, 2002 if a Revolving Loan is not made on or before that date. Amounts borrowed under this subsection 2.1A(ii)(b) may be repaid and reborrowed to but excluding the Revolving B Loan Commitment Termination Date. Anything contained in this Agreement to the contrary notwithstanding, the Revolving B Loans and the Revolving B Loan Commitments shall be subject to the following limitations in the amounts indicated:
Appears in 1 contract
Revolving B Loans. Each Revolving B Loan Lender severally agrees, subject to the limitations set forth below with respect to in the ----------------- maximum amount of Revolving B Loans permitted to be outstanding from time to timelast sentence hereof, to lend to Borrowers Company from time to time during the period from the Closing Second Amendment Effective Date to but excluding the Revolving B Loan Commitment Termination Date an aggregate amount not exceeding its Pro Rata Share of the aggregate amount of the Revolving B Loan Commitments Commitment to be used for the purposes identified in subsection 2.5B. 2.5F. The original amount of each Revolving B Loan Lender's Revolving B Loan Commitment is set forth opposite its name on Schedule 2.1 annexed hereto and the aggregate original amount of ------------ the Revolving B Loan Commitments as of the Second Amendment Effective Date is $31,000,00030,000,000; provided that the Revolving B Loan Commitments Commitment of Revolving B -------- Lenders shall be adjusted to give effect to any assignments of the Revolving B Loan Commitments Commitment pursuant to subsection 10.1B 10.1B; and provided further, that the Revolving B Loan Commitment shall be reduced from time to time by the amount of any reductions thereto made pursuant to subsection 2.4subsections 2.4B(ii) and 2.4B(iii). Each Revolving B Loan Lender's Revolving B Loan Commitment shall expire on the Revolving B Loan Commitment Termination Date and all Revolving B Loans and all other amounts owed hereunder with respect to the Revolving B Loans and the Revolving B Loan Commitments shall be paid in full no later than that date; provided that -------- each Revolving B Lender's Revolving B Loan Commitment shall expire immediately and without further action on February 7, 2002 if a Revolving Loan is not made on or before that date. Amounts borrowed under this subsection 2.1A(ii)(b2.1A(vii) may be repaid and reborrowed to but excluding the Revolving B Loan Commitment Termination Date. Anything contained in this Agreement to ; provided that from the contrary notwithstandingSecond Amendment Effective Date through March 14, 2001 and from June 16, 2001 through the Third Amendment Effective Date, the Company may not have any outstanding Revolving B Loans Loans.
B. The first paragraph of subsection 2.1C(ii) of the Credit Agreement is hereby amended by deleting it in its entirety and the Revolving B Loan Commitments shall be subject to substituting the following limitations in the amounts indicatedtherefor:
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Revolving B Loans. Subject to the terms and conditions set forth herein, each Revolving B Lender severally agrees to make loans (each such loan, a “Revolving B Loan”) to the Revolving A/B Borrowers in Dollars or in one or more Alternative Currencies from time to time on any Business Day during the Availability Period for the Revolving B Commitments in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s Revolving B Commitment; provided, however, that after giving effect to any Borrowing of Revolving B Loans, (i) the Total Revolving B Outstandings shall not exceed the Aggregate Revolving B Commitments, (ii) the aggregate Outstanding Amount of the Revolving B Loans of any Lender plus such Lender’s Applicable Percentage of the Outstanding Amount of all Foreign Swing Line Loans shall not exceed such Lender’s Revolving B Commitment, and (iii) the Total Revolving Outstandings shall not exceed the Aggregate Revolving Commitments. Each Revolving B Lender severally agreesmay, at its option, make any Revolving B Loan available to any Revolving A/B Borrower that is a Foreign Subsidiary by causing any foreign or domestic branch or Affiliate of such Lender to make such Revolving B Loan; provided that any exercise of such option shall not affect the obligation of such Revolving A/B Borrower to repay such Revolving B Loan in accordance with the terms of this Agreement. Within the limits of each Lender’s Revolving B Commitment, and subject to the limitations set forth below with respect to other terms and conditions hereof, the ----------------- maximum amount of Revolving A/B Borrowers may borrow under this Section 2.01(b), prepay under Section 2.05, and reborrow under this Section 2.01(b). Revolving B Loans permitted to may be outstanding from time to timeBase Rate Loans or Eurocurrency Rate Loans, to lend to Borrowers from time to time during the period from the Closing Date to but excluding the Revolving B Loan Commitment Termination Date an aggregate amount not exceeding its Pro Rata Share of the aggregate amount of the Revolving B Loan Commitments to be used for the purposes identified in subsection 2.5B. The original amount of each Revolving B Lender's Revolving B Loan Commitment is set forth opposite its name on Schedule 2.1 annexed hereto and the aggregate original amount of ------------ the Revolving B Loan Commitments is $31,000,000; or a combination thereof, as further provided herein (provided that the Revolving B Loan Commitments of Revolving B -------- Lenders shall be adjusted to give effect to any assignments of the Revolving B Loan Commitments pursuant to subsection 10.1B and shall be reduced from time to time by the amount of any reductions thereto made pursuant to subsection 2.4. Each Revolving B Lender's Revolving B Loan Commitment shall expire on the Revolving B Loan Commitment Termination Date and all Revolving B Loans and all other amounts owed hereunder with respect to the Revolving B Loans and the Revolving B Loan Commitments shall be paid in full no later than that date; provided that -------- each Revolving B Lender's Revolving B Loan Commitment shall expire immediately and without further action on February 7, 2002 if a Revolving Loan is Lux 2 may not made on or before that date. Amounts borrowed under this subsection 2.1A(ii)(b) may be repaid and reborrowed to but excluding the Revolving B Loan Commitment Termination Date. Anything contained in this Agreement to the contrary notwithstanding, the Revolving B Loans and the Revolving B Loan Commitments shall be subject to the following limitations in the amounts indicated:borrow Base Rate Loans).
Appears in 1 contract
Revolving B Loans. Subject to the terms and conditions set forth herein, each Revolving B Lender severally agrees to make loans (each such loan, a “Revolving B Loan”) to the Revolving A/B Borrowers in Dollars or in one or more Alternative Currencies from time to time on any Business Day during the Availability Period for the Revolving B Commitments in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s Revolving B Commitment; provided, however, that after giving effect to any Borrowing of Revolving B Loans, (i) the Total Revolving B Outstandings shall not exceed the Aggregate Revolving B Commitments, (ii) the aggregate Outstanding Amount of the Revolving B Loans of any Lender plus such Lender’s Applicable Percentage of the Outstanding Amount of all Foreign Swing Line Loans shall not exceed such Lender’s Revolving B Commitment, and (iii) the Total Revolving Outstandings shall not exceed the Aggregate Revolving Commitments. Each Revolving B Lender severally agreesmay, at its option, make any Revolving B Loan available to any Revolving A/B Borrower that is a Foreign Subsidiary by causing any foreign or domestic branch or Affiliate of such Lender to make such Revolving B Loan; provided that any exercise of such option shall not affect the obligation of such Revolving A/B Borrower to repay such Revolving B Loan in accordance with the terms of this Agreement. Within the limits of each Lender’s Revolving B Commitment, and subject to the limitations set forth below with respect to other terms and conditions hereof, the ----------------- maximum amount of Revolving A/B Borrowers may borrow under this Section 2.01(b), prepay under Section 2.05, and reborrow under this Section 2.01(b). Revolving B Loans permitted to may be outstanding from time to timeBase Rate Loans, to lend to Borrowers from time to time during the period from the Closing Date to but excluding the Revolving B Loan Commitment Termination Date an aggregate amount not exceeding its Pro Rata Share of the aggregate amount of the Revolving B Loan Commitments to be used for the purposes identified in subsection 2.5B. The original amount of each Revolving B Lender's Revolving B Loan Commitment is set forth opposite its name on Schedule 2.1 annexed hereto and the aggregate original amount of ------------ the Revolving B Loan Commitments is $31,000,000; Term SOFR Loans, Alternative Currency Daily Rate Loans or Alternative Currency Term Rate Loans or a combination thereof, as further provided herein (provided that the Revolving B Loan Commitments of Revolving B -------- Lenders shall be adjusted to give effect to any assignments of the Revolving B Loan Commitments pursuant to subsection 10.1B and shall be reduced from time to time by the amount of any reductions thereto made pursuant to subsection 2.4. Each Revolving B Lender's Revolving B Loan Commitment shall expire on the Revolving B Loan Commitment Termination Date and all Revolving B Loans and all other amounts owed hereunder with respect to the Revolving B Loans and the Revolving B Loan Commitments shall be paid in full no later than that date; provided that -------- each Revolving B Lender's Revolving B Loan Commitment shall expire immediately and without further action on February 7, 2002 if a Revolving Loan is Lux 2 may not made on or before that date. Amounts borrowed under this subsection 2.1A(ii)(b) may be repaid and reborrowed to but excluding the Revolving B Loan Commitment Termination Date. Anything contained in this Agreement to the contrary notwithstanding, the Revolving B Loans and the Revolving B Loan Commitments shall be subject to the following limitations in the amounts indicated:borrow Base Rate Loans).
Appears in 1 contract
Revolving B Loans. Each Revolving B Loan Lender severally agrees, subject to the limitations set forth below with respect to in the ----------------- maximum amount of Revolving B Loans permitted to be outstanding from time to timelast sentence hereof, to lend to Borrowers Company from time to time during the period from the Closing Second Amendment Effective Date to but excluding the Revolving B Loan Commitment Termination Date an aggregate amount not exceeding its Pro Rata Share of the aggregate amount of the Revolving B Loan Commitments Commitment to be used for the purposes identified in subsection 2.5B. 2.5F. The original amount of each Revolving B Loan Lender's Revolving B Loan Commitment is set forth opposite its name on Schedule 2.1 annexed hereto and the aggregate original amount of ------------ the Revolving B Loan Commitments as of the Second Amendment Effective Date is $31,000,00030,000,000; provided that the Revolving B Loan Commitments Commitment of Revolving B -------- Lenders shall be adjusted to give effect to any assignments of the Revolving B Loan Commitments Commitment pursuant to subsection 10.1B 10.1B; and provided further, that the Revolving B Loan Commitment shall be reduced from time to time by the amount of any reductions thereto made pursuant to subsection 2.4subsections 2.4B(ii) and 2.4B(iii). Each Revolving B Loan Lender's Revolving B Loan Commitment shall expire on the Revolving B Loan Commitment Termination Date and all Revolving B Loans and all other amounts owed hereunder with respect to the Revolving B Loans and the Revolving B Loan Commitments shall be paid in full no later than that date; provided that -------- each Revolving B Lender's Revolving B Loan Commitment shall expire immediately and without further action on February 7, 2002 if a Revolving Loan is not made on or before that date. Amounts borrowed under this subsection 2.1A(ii)(b2.1A(vii) may be repaid and reborrowed to but excluding the Revolving B Loan Commitment Termination Date. Anything contained in this Agreement to ; provided that from the contrary notwithstandingSecond Amendment Effective Date through March 14, 2001 and from June 16, 2001 through March 14, 2002, the Company may not have any outstanding Revolving B Loans Loans."
F. Subsection 2.1B of the Credit Agreement is hereby amended by inserting "and" immediately prior to clause (viii) thereof and by deleting clause (ix) in its entirety.
G. Subsection 2.1E of the Credit Agreement is hereby amended by adding a sentence at the end thereof as follows: "Company shall execute and deliver to each Revolving B Loan Commitments Lender on the Second Amendment Effective Date a Revolving B Loan Note substantially in the form of Exhibit IV-G annexed hereto to evidence such Revolving B Loan Lender's Revolving B Loan, in the principal amount of that Revolving B Loan Lender's Revolving B Loan Commitment and with other appropriate insertions."
H. Subsection 2.2A of the Credit Agreement is hereby amended by deleting the last paragraph thereof in its entirety and substituting the following therefor: "The Applicable Base Rate Margin or the Applicable Eurodollar Rate Margin shall be subject determined in accordance with the definitions of such terms, in each case for the four fiscal quarters ending as of the last day of the fiscal quarter immediately preceding the fiscal quarter during which the determination is being made as set forth in the Compliance Certificate delivered pursuant to subsection 6.1(iv)(b), any required adjustment to become automatically effective on the next succeeding Business Day following receipt by the Agent of such Compliance Certificate. If Company fails to deliver a Compliance Certificate by the time required by subsection 6.1(iv)(b), from such time the Compliance Certificate was required to be delivered until delivery of such Compliance Certificate, the Applicable Base Rate Margin and the Applicable Eurodollar Rate Margin shall automatically be adjusted to the highest level set forth for such Base Rate Loans or Eurodollar Rate Loans, respectively."
I. Subsection 2.2B(v) of the Credit Agreement is hereby amended by deleting the ";" and adding the following limitations in at the amounts indicatedend thereof:
Appears in 1 contract
Revolving B Loans. Each Revolving B Lender severally agrees, subject to the limitations set forth below with respect to the ----------------- maximum amount of Revolving B Loans permitted to be outstanding from time to time, to lend to Borrowers from time to time during the period from (a) From and including the Closing Date to but excluding the Revolving B Loan Commitment Termination Date Date, each Bank severally agrees, on the terms and subject to the conditions set forth in this Agreement, to make Loans to the Company from time to time (the "Revolving B Loans") in an aggregate amount outstanding at any time not exceeding to exceed its Pro Revolving B Loan Commitment. The Revolving B Loan Commitment of each Bank shall be automatically and permanently reduced on each Revolving B Loan Commitment Reduction Date in an amount equal to such Bank's Pro-Rata Share of the aggregate amount of the Revolving B Loan Commitments to be used for the purposes identified in subsection 2.5B. The original amount of each Revolving B Lender's applicable Revolving B Loan Commitment is set forth opposite its name on Schedule 2.1 annexed hereto and the aggregate original amount of ------------ the Revolving B Loan Commitments is $31,000,000; provided that the Revolving B Loan Commitments of Revolving B -------- Lenders shall be adjusted to give effect to any assignments of the Revolving B Loan Commitments pursuant to subsection 10.1B and shall be reduced from time to time by the amount of any reductions thereto made pursuant to subsection 2.4. Each Revolving B Lender's Reduction Amount for such Revolving B Loan Commitment Reduction Date.
(b) The Revolving B Loans shall expire be evidenced by the Revolving B Notes.
(c) The Revolving B Loans shall be Floating Rate Loans or, at the Company's option and subject to the terms hereof, Eurodollar Loans.
(d) Subject to the mandatory repayment obligations of the Company provided for in this Agreement, the Revolving B Loans shall be repaid to the Banks in full on the Revolving B Loan Commitment Termination Date Date. Within the limits and all subject to the terms and conditions herein set forth, Revolving B Loans may be borrowed, repaid and all other amounts owed hereunder with respect reborrowed from time to time.
(e) The Company may use the proceeds of the Revolving B Loans to fund Permitted Acquisitions, Permitted Stock Repurchases, for working capital and the Revolving B Loan Commitments shall be paid in full no later than that date; provided that -------- each Revolving B Lender's Revolving B Loan Commitment shall expire immediately other general corporate purposes, and without further action on February 7, 2002 if a Revolving Loan is not made on or before that date. Amounts borrowed under this subsection 2.1A(ii)(b) may be repaid and reborrowed to but excluding the Revolving B Loan Commitment Termination Date. Anything contained in this Agreement to the contrary notwithstandingextent applicable pursuant to Section 2.8(b), for Permitted Acquisitions during the Proceeds Application Period. Notwithstanding the foregoing, the Company shall only use up to $14,000,000 of the proceeds from the Revolving B Loans and to purchase the Revolving B Loan Commitments shall be subject Noble Stock pursuant to the following limitations in the amounts indicated:Noble Stock Purchase and Warrant Redemption Agreement.
Appears in 1 contract
Revolving B Loans. Subject to the terms and conditions set forth herein, each Revolving B Lender severally agrees to make loans (each such loan, a “Revolving B Loan”) to the Revolving B Borrowers in Dollars, Australian Dollars or New Zealand Dollars from time to time on any Business Day during the Availability Period in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s Revolving B Commitment; provided, however, that after giving effect to any Borrowing of Revolving B Loans, (i) the Total Revolving B Outstandings shall not exceed the Aggregate Revolving B Commitments and (ii) the Total Revolving Outstandings shall not exceed the Aggregate Revolving Commitments. Each Revolving B Lender severally agreesmay, at its option, make any Revolving B Loan available to any Revolving B Borrower that is a Foreign Subsidiary by causing any foreign or domestic branch or Affiliate of such Lender to make such Revolving B Loan; provided that any exercise of such option shall not affect the obligation of such Revolving B Borrower to repay such Revolving B Loan in accordance with the terms of this Agreement. Within the limits of each Lender’s Revolving B Commitment, and subject to the limitations set forth below with respect to the ----------------- maximum amount of Revolving B Loans permitted to be outstanding from time to time, to lend to Borrowers from time to time during the period from the Closing Date to but excluding the Revolving B Loan Commitment Termination Date an aggregate amount not exceeding its Pro Rata Share of the aggregate amount of the Revolving B Loan Commitments to be used for the purposes identified in subsection 2.5B. The original amount of each Revolving B Lender's Revolving B Loan Commitment is set forth opposite its name on Schedule 2.1 annexed hereto other terms and the aggregate original amount of ------------ the Revolving B Loan Commitments is $31,000,000; provided that the Revolving B Loan Commitments of Revolving B -------- Lenders shall be adjusted to give effect to any assignments of the Revolving B Loan Commitments pursuant to subsection 10.1B and shall be reduced from time to time by the amount of any reductions thereto made pursuant to subsection 2.4. Each Revolving B Lender's Revolving B Loan Commitment shall expire on the Revolving B Loan Commitment Termination Date and all Revolving B Loans and all other amounts owed hereunder with respect to the Revolving B Loans and the Revolving B Loan Commitments shall be paid in full no later than that date; provided that -------- each Revolving B Lender's Revolving B Loan Commitment shall expire immediately and without further action on February 7, 2002 if a Revolving Loan is not made on or before that date. Amounts borrowed under this subsection 2.1A(ii)(b) may be repaid and reborrowed to but excluding the Revolving B Loan Commitment Termination Date. Anything contained in this Agreement to the contrary notwithstandingconditions hereof, the Revolving B Loans Borrowers may borrow under this Section 2.01(e), prepay under Section 2.05, and the reborrow under this Section 2.01(e). Revolving B Loan Commitments Loans denominated in Dollars may be Base Rate Loans or Eurocurrency Rate Loans, or a combination thereof, as further provided herein, and Revolving B Loans Denominated in Australian Dollars or New Zealand Dollars shall be subject to the following limitations in the amounts indicated:Eurocurrency Rate Loans.
Appears in 1 contract
Revolving B Loans. Each (a) MAKING THE REVOLVING B LOANS. The Bank has made "Revolving B Lender severally Loans" (as defined in the Existing Credit Agreement) to the Borrowers under the Existing Credit Agreement, which remain outstanding on the Effective Date (immediately prior to the effectiveness of this Agreement). Upon the effectiveness of this Agreement, each "Revolving B Loan" (as defined in the Existing Credit Agreement) shall automatically be deemed to be a "Revolving B Loan" to the Borrowers by the Bank under this Agreement. In addition, the Bank agrees, subject on the terms and conditions hereinafter set forth, to the limitations set forth below with respect to the ----------------- maximum amount of make Revolving B Loans permitted to be outstanding from time to time, to lend to the Borrowers from time to time during the period from the Closing Effective Date to but excluding the Revolving B Loan Commitment Termination Date in an aggregate principal amount at any one time outstanding not exceeding its Pro Rata Share of to exceed the aggregate amount of the Revolving B Loan Commitments to be used for Commitment (less the purposes identified in subsection 2.5B. The original aggregate amount of each Revolving B Lender's any L/C Outstandings). The Bank shall have no obligation to make a Revolving B Loan Commitment is set forth opposite its name on Schedule 2.1 annexed hereto and if either (i) the sum of the aggregate original principal amount of ------------ the outstanding Revolving B Loans plus the principal amount of such requested Revolving B Loan would exceed the Available Revolving B Commitment, or (ii) the sum of (A) the aggregate principal amount of the outstanding Revolving B Loans, (B) the principal amount of the requested Revolving B Loan, and (C) the L/C Outstandings would exceed the amount equal to the Revolving B Loan Commitments is $31,000,000; provided that the Advance Value. Each Revolving B Loan Commitments shall be in an amount equal to $100,000 or an integral multiple of $100,000 in excess thereof, and shall be made on at least one Business Day's prior written notice. Each Notice of Borrowing with respect to a Revolving B -------- Lenders Loan shall be adjusted irrevocable, shall be signed by either Borrower (it being understood that only the signature of one Borrower shall be required) and shall be in writing, substantially in the form of Exhibit D hereto, specifying, INTER ALIA, the proposed amount of such Revolving B Loan and the Business Day for such Revolving B Loan. On the Business Day specified and upon fulfillment of the applicable terms and conditions set forth in Article III hereof, the Bank will make the proceeds of such Revolving B Loan available to give effect to any assignments the Borrowers by crediting Account Number 350-902-9720 maintained with the Bank, at its office in Charlotte, Norxx Xxxxxxxx, not later than 2:00 P.M. (Charlotte time) on such date. Within the limits of the Revolving B Loan Commitments Commitment, the Borrowers may borrow, prepay and reborrow pursuant to subsection 10.1B this Section 2.2(a) until the Termination Date. It is understood and shall be reduced agreed that from time to time by the amount Bank may issue Letters of any reductions thereto made Credit for the account of a Borrower pursuant to subsection 2.4. Each Revolving B Lender's Revolving B Loan Commitment L/C Applications, and that such Letters of Credit and any unpaid drawings shall expire on reduce any amount available to be borrowed under the Revolving B Loan Commitment Termination Date and all Revolving B Loans and all other amounts owed hereunder with respect to the Revolving B Loans and the Revolving B Loan Commitments shall be paid in full no later than that date; provided that -------- each Revolving B Lender's Revolving B Loan Commitment shall expire immediately and without further action on February 7, 2002 if a Revolving Loan is not made on or before that date. Amounts borrowed under this subsection 2.1A(ii)(b) may be repaid and reborrowed to but excluding the Revolving B Loan Commitment Termination Date. Anything contained in this Agreement to the contrary notwithstanding, the Revolving B Loans and the Revolving B Loan Commitments shall be subject to the following limitations in the amounts indicated:Commitment.
Appears in 1 contract
Samples: Pledge and Security Agreement (Triarc Companies Inc)
Revolving B Loans. Subject to the terms and conditions set forth herein, each Revolving B Lender severally agrees to make loans (each such loan, a “Revolving B Loan”) to the Revolving B Borrowers in Dollars, Australian Dollars or New Zealand Dollars from time to time on any Business Day during the Availability Period in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s Revolving B Commitment; provided, however, that after giving effect to any Borrowing of Revolving B Loans, (i) the Total Revolving B Outstandings shall not exceed the Aggregate Revolving B Commitments, (ii) the aggregate Outstanding Amount of the Revolving B Loans of any Lender shall not exceed such Lender’s Revolving B Commitment, and (iii) the Total Revolving Outstandings shall not exceed the Aggregate Revolving Commitments. Each Revolving B Lender severally agreesmay, at its option, make any Revolving B Loan available to any Revolving B Borrower that is a Foreign Subsidiary by causing any foreign or domestic branch or Affiliate of such Lender to make such Revolving B Loan; provided that any exercise of such option shall not affect the obligation of such Revolving B Borrower to repay such Revolving B Loan in accordance with the terms of this Agreement. Within the limits of each Lender’s Revolving B Commitment, and subject to the limitations set forth below with respect to other terms and conditions hereof, the ----------------- maximum amount of Revolving B Borrowers may borrow under this Section 2.01(b), prepay under Section 2.05, and reborrow under this Section 2.01(b). Revolving B Loans permitted to denominated in Dollars may be outstanding from time to timeBase Rate Loans or Eurocurrency Rate Loans, to lend to Borrowers from time to time during the period from the Closing Date to but excluding the or a combination thereof, as further provided herein. Revolving B Loan Commitment Loans denominated in Australian Dollars or New Zealand Dollars shall be Eurocurrency Rate Loans. In the event that the Initial Borrowing Date shall not have occurred on or prior to the Termination Date an aggregate amount not exceeding its Pro Rata Share of the aggregate amount of the Revolving B Loan Commitments to be used for the purposes identified in subsection 2.5B. The original amount of Date, each Revolving B Lender's ’s Revolving B Loan Commitment is set forth opposite its name on Schedule 2.1 annexed hereto and the aggregate original amount of ------------ the Revolving B Loan Commitments is $31,000,000; provided that the Revolving B Loan Commitments of Revolving B -------- Lenders shall be adjusted to give effect to any assignments of the Revolving B Loan Commitments pursuant to subsection 10.1B and shall be reduced from time to time by the amount of any reductions thereto made pursuant to subsection 2.4. Each Revolving B Lender's Revolving B Loan Commitment shall expire on the Revolving B Loan Commitment Termination Date automatically expire, and all Revolving B Loans and all other amounts owed hereunder with respect to the Revolving B Loans and the Revolving B Loan Commitments shall be paid in full no later than that date; provided that -------- each Revolving B Lender's Lender shall have no further obligation to make Revolving B Loan Commitment shall expire immediately and without further action on February 7, 2002 if a Revolving Loan is not made on or before that date. Amounts borrowed under this subsection 2.1A(ii)(b) may be repaid and reborrowed to but excluding the Revolving B Loan Commitment Termination Date. Anything contained in this Agreement to the contrary notwithstanding, the Revolving B Loans and the Revolving B Loan Commitments shall be subject to the following limitations in the amounts indicated:Loans.
Appears in 1 contract
Revolving B Loans. Subject to the terms and conditions set forth herein, each Revolving B Lender severally agrees to make loans (each such loan, a “Revolving B Loan”) to the Revolving A/B Borrowers in Dollars or in one or more Alternative Currencies from time to time on any Business Day during the Availability Period for the Revolving B Commitments in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s Revolving B Commitment; provided, however, that after giving effect to any Borrowing of Revolving B Loans, (i) the Total Revolving B Outstandings shall not exceed the Aggregate Revolving B Commitments, (ii) the aggregate Outstanding Amount of the Revolving B Loans of any Lender plus such Lender’s Applicable Percentage of the Outstanding Amount of all Foreign Swing Line Loans shall not exceed such Lender’s Revolving B Commitment, and (iii) the Total Revolving Outstandings shall not exceed the Aggregate Revolving Commitments. Each Revolving B Lender severally agreesmay, at its option, make any Revolving B Loan available to any Revolving A/B Borrower that is a Foreign Subsidiary by causing any foreign or domestic branch or Affiliate of such Lender to make such Revolving B Loan; provided that any exercise of such option shall not affect the obligation of such Revolving A/B Borrower to repay such Revolving B Loan in accordance with the terms of this Agreement. Within the limits of each Lender’s Revolving B Commitment, and subject to the limitations set forth below with respect to other terms and conditions hereof, the ----------------- maximum amount of Revolving A/B Borrowers may borrow under this Section 2.01(b), prepay under Section 2.05, and reborrow under this Section 2.01(b). Revolving B Loans permitted to may be outstanding from time to timeBase Rate Loans or Eurocurrency Rate Loans, to lend to Borrowers from time to time during the period from the Closing Date to but excluding the Revolving B Loan Commitment Termination Date an aggregate amount not exceeding its Pro Rata Share of the aggregate amount of the Revolving B Loan Commitments to be used for the purposes identified in subsection 2.5B. The original amount of each Revolving B Lender's Revolving B Loan Commitment is set forth opposite its name on Schedule 2.1 annexed hereto and the aggregate original amount of ------------ the Revolving B Loan Commitments is $31,000,000; or a combination thereof, as further provided herein (provided that the Revolving B Loan Commitments of Revolving B -------- Lenders shall be adjusted to give effect to any assignments of the Revolving B Loan Commitments pursuant to subsection 10.1B and shall be reduced from time to time by the amount of any reductions thereto made pursuant to subsection 2.4Lux 2 may not borrow Base Rate Loans). Each Revolving B Lender's Revolving B Loan Commitment shall expire on the Revolving B Loan Commitment Termination Date and all Revolving B Loans and all other amounts owed hereunder with respect to the Revolving B Loans and the Revolving B Loan Commitments shall be paid in full no later than that date; provided that -------- each Revolving B Lender's Revolving B Loan Commitment shall expire immediately and without further action on February 7, 2002 if a Revolving Loan is not made on or before that date. Amounts borrowed under this subsection 2.1A(ii)(b) may be repaid and reborrowed to but excluding the Revolving B Loan Commitment Termination Date. Anything contained in this Agreement to the contrary notwithstanding, the Revolving B Loans and the Revolving B Loan Commitments shall be subject to the following limitations in the amounts indicated:lv CHAR1\1792192v4
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Revolving B Loans. Each Revolving B Loan Lender severally agrees, subject to the limitations set forth below with respect to in the ----------------- maximum amount of Revolving B Loans permitted to be outstanding from time to timelast sentence hereof, to lend to Borrowers Company from time to time during the period from the Closing Second Amendment Effective Date to but excluding the Revolving B Loan Commitment Termination Date an aggregate amount not exceeding its Pro Rata Share of the aggregate amount of the Revolving B Loan Commitments Commitment to be used for the purposes identified in subsection 2.5B. 2.5F. The original amount of each Revolving B Loan Lender's Revolving B Loan Commitment is set forth opposite its name on Schedule 2.1 annexed hereto and the aggregate original amount of ------------ the Revolving B Loan Commitments as of the Second Amendment Effective Date is $31,000,00030,000,000; provided that the Revolving B Loan Commitments Commitment of Revolving B -------- Lenders shall be adjusted to give effect to any assignments of the Revolving B Loan Commitments Commitment pursuant to subsection 10.1B 10.1B; and provided further, that the Revolving B Loan Commitment shall be reduced from time to time by the amount of any reductions thereto made pursuant to subsection 2.4subsections 2.4B(ii) and 2.4B(iii). Each Revolving B Loan Lender's Revolving B Loan Commitment shall expire on the Revolving B Loan Commitment Termination Date and all Revolving B Loans and all other amounts owed hereunder with respect to the Revolving B Loans and the Revolving B Loan Commitments shall be paid in full no later than that date; provided that -------- each Revolving B Lender's Revolving B Loan Commitment shall expire immediately and without further action on February 7, 2002 if a Revolving Loan is not made on or before that date. Amounts borrowed under this subsection 2.1A(ii)(b2.1A(vii) may be repaid and reborrowed to but excluding the Revolving B Loan Commitment Termination Date. Anything contained in this Agreement to the contrary notwithstanding; provided that from June 16, 2002 through January 31, 2003 and from June 16, 2003 through January 31, 2004, the Company may not have any outstanding Revolving B Loans Loans.
B. Subsection 2.4A of the Credit Agreement is hereby amended by deleting it in its entirety and the Revolving B Loan Commitments shall be subject to substituting the following limitations in the amounts indicatedtherefor:
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Revolving B Loans. Subject to the terms and conditions set forth herein, each Revolving B Lender severally agrees to make loans (each such loan, a “Revolving B Loan”) to the Revolving A/B Borrowers in Dollars or in one or more Alternative Currencies from time to time on any Business Day during the Availability Period for the Revolving B Commitments in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s Revolving B Commitment; provided, however, that after giving effect to any Borrowing of Revolving B Loans, (i) the Total Revolving B Outstandings shall not exceed the Aggregate Revolving B Commitments, (ii) the aggregate Outstanding Amount of the Revolving B Loans of any Lender plus such Lender’s Applicable Percentage of the Outstanding Amount of all Foreign Swing Line Loans shall not exceed such Lender’s Revolving B Commitment, and (iii) the Total Revolving Outstandings shall not exceed the Aggregate Revolving Commitments. Each Revolving B Lender severally agreesmay, at its option, make any Revolving B Loan available to any Revolving A/B Borrower that is a Foreign Subsidiary by causing any foreign or domestic branch or Affiliate of such Lender to make such Revolving B Loan; provided that any exercise of such option shall not affect the obligation of such Revolving A/B Borrower to repay such Revolving B Loan in accordance with the terms of this Agreement. Within the limits of each Lender’s Revolving B Commitment, and subject to the limitations set forth below with respect to other terms and conditions hereof, the ----------------- maximum amount of Revolving A/B Borrowers may borrow under this Section 2.01(b), prepay under Section 2.05, and reborrow under this Section 2.01(b). Revolving B Loans permitted to may be outstanding from time to timeBase Rate Loans, to lend to Borrowers from time to time during the period from the Closing Date to but excluding the Revolving B Loan Commitment Termination Date an aggregate amount not exceeding its Pro Rata Share of the aggregate amount of the Revolving B Loan Commitments to be used for the purposes identified in subsection 2.5B. The original amount of each Revolving B Lender's Revolving B Loan Commitment is set forth opposite its name on Schedule 2.1 annexed hereto and the aggregate original amount of ------------ the Revolving B Loan Commitments is $31,000,000; Eurocurrency Rate Loans, Alternative Currency Daily Rate Loans or Alternative Currency Term Rate Loans or a combination thereof, as further provided herein (provided that the Revolving B Loan Commitments of Revolving B -------- Lenders shall be adjusted to give effect to any assignments of the Revolving B Loan Commitments pursuant to subsection 10.1B and shall be reduced from time to time by the amount of any reductions thereto made pursuant to subsection 2.4. Each Revolving B Lender's Revolving B Loan Commitment shall expire on the Revolving B Loan Commitment Termination Date and all Revolving B Loans and all other amounts owed hereunder with respect to the Revolving B Loans and the Revolving B Loan Commitments shall be paid in full no later than that date; provided that -------- each Revolving B Lender's Revolving B Loan Commitment shall expire immediately and without further action on February 7, 2002 if a Revolving Loan is Lux 2 may not made on or before that date. Amounts borrowed under this subsection 2.1A(ii)(b) may be repaid and reborrowed to but excluding the Revolving B Loan Commitment Termination Date. Anything contained in this Agreement to the contrary notwithstanding, the Revolving B Loans and the Revolving B Loan Commitments shall be subject to the following limitations in the amounts indicated:borrow Base Rate Loans).
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