Common use of Revolving B Loans Clause in Contracts

Revolving B Loans. (a) MAKING THE REVOLVING B LOANS. The Bank has made "Revolving B 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, on the terms and conditions hereinafter set forth, to make Revolving B Loans to the Borrowers from the Effective Date to the Termination Date in an aggregate principal amount at any one time outstanding not to exceed the amount of the Revolving B Commitment (less the aggregate amount of any L/C Outstandings). The Bank shall have no obligation to make a Revolving B Loan if either (i) the sum of the aggregate 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 Advance Value. Each Revolving B Loan 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 Loan shall be 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 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 Commitment, the Borrowers may borrow, prepay and reborrow pursuant to this Section 2.2(a) until the Termination Date. It is understood and agreed that from time to time the Bank may issue Letters of Credit for the account of a Borrower pursuant to L/C Applications, and that such Letters of Credit and any unpaid drawings shall reduce any amount available to be borrowed under the Revolving B Commitment.

Appears in 1 contract

Samples: Pledge and Security Agreement (Triarc Companies Inc)

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Revolving B Loans. (a) MAKING THE REVOLVING B LOANS. The Bank has made "Revolving B Loans" (as defined in the Existing Credit Agreement) Subject 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, on the terms and conditions hereinafter set forthforth herein, each Revolving B Lender severally agrees to make loans (each such loan, a “Revolving B Loans 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 Effective Date to Availability Period for the Termination Date Revolving B Commitments in an aggregate principal amount at any one time outstanding not to exceed at any time outstanding the amount of the Revolving B Commitment (less the aggregate amount of any L/C Outstandings). The Bank shall have no obligation to make a Revolving B Loan if either (i) the sum of the aggregate principal amount of the outstanding Revolving B Loans plus the principal amount of such requested Revolving B Loan would exceed the Available Lender’s Revolving B Commitment; provided, or (ii) the sum however, that after giving effect to any Borrowing of (A) the aggregate principal amount of the outstanding Revolving B Loans, (Bi) the principal amount Total Revolving B Outstandings shall not exceed the Aggregate Revolving B Commitments, (ii) the aggregate Outstanding Amount of the requested Revolving B LoanLoans 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 (Ciii) the L/C Total Revolving Outstandings would shall not exceed the amount equal to the Aggregate Revolving B Advance ValueCommitments. Each Revolving B Loan shall be in an amount equal to $100,000 or an integral multiple of $100,000 in excess thereofLender may, and shall be made on at least one Business Day's prior written notice. Each Notice of Borrowing with respect to a Revolving B Loan shall be irrevocableits option, 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 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 Borrowers by crediting Account Number 350-902-9720 maintained obligation of such Revolving A/B Borrower to repay such Revolving B Loan in accordance with the Bank, at its office in Charlotte, Norxx Xxxxxxxx, not later than 2:00 P.M. (Charlotte time) on such dateterms of this Agreement. Within the limits of the each Lender’s Revolving B Commitment, and subject to the other terms and conditions hereof, the Revolving A/B Borrowers may borrowborrow under this Section 2.01(b), prepay under Section 2.05, and reborrow pursuant to under this Section 2.2(a) until the Termination Date2.01(b). It is understood and agreed that from time to time the Bank may issue Letters of Credit for the account of a Borrower pursuant to L/C Applications, and that such Letters of Credit and any unpaid drawings shall reduce any amount available to be borrowed under the Revolving B CommitmentLoans may be Base Rate Loans or Eurocurrency Rate Loans, or a combination thereof, as further provided herein (provided that Lux 2 may not borrow Base Rate Loans).

Appears in 1 contract

Samples: Credit Agreement (Fleetcor Technologies Inc)

Revolving B Loans. (a) MAKING THE REVOLVING B LOANS. The Bank has made "Each Revolving B Loans" (as defined Loan Lender severally agrees, subject to the limitations set forth below 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, on the terms and conditions hereinafter set forthlast sentence hereof, to make Revolving B Loans lend to Company from time to time during the Borrowers period from the Second Amendment Effective Date to the Revolving B Loan Commitment Termination Date in an aggregate principal amount at any one time outstanding not to exceed exceeding its Pro Rata Share of the aggregate amount of the Revolving B Loan Commitment (less to be used for the purposes identified in subsection 2.5F. The 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 amount of any L/C Outstandings). The Bank shall have no obligation to make a the Revolving B Loan if either (i) the sum Commitments as of the aggregate principal amount of Second Amendment Effective Date is $30,000,000; provided that 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 Commitment of (A) the aggregate principal amount Lenders shall be adjusted to give effect to any assignments 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 Advance ValueLoan Commitment pursuant to subsection 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 subsections 2.4B(ii) and 2.4B(iii). Each Revolving B Loan Lender's Revolving B Loan Commitment shall be in an amount equal to $100,000 or an integral multiple of $100,000 in excess thereof, expire on the Revolving B Loan Commitment Termination Date and shall be made on at least one Business Day's prior written notice. Each Notice of Borrowing all Revolving B Loans and all other amounts owed hereunder with respect to a the Revolving B Loans and the Revolving B Loan Commitments shall be irrevocable, shall paid in full no later than that date. Amounts borrowed under this subsection 2.1A(vii) may be signed by either Borrower (it being understood that only repaid and reborrowed to but excluding 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 Commitment Termination Date; provided that from the Second Amendment Effective Date through March 14, 2001 and from June 16, 2001 through the Business Day for such Third Amendment Effective Date, the Company may not have any outstanding Revolving B Loan. On the Business Day specified and upon fulfillment Loans. B. The first paragraph of subsection 2.1C(ii) of the applicable terms Credit Agreement is hereby amended by deleting it in its entirety and conditions set forth in Article III hereof, substituting the Bank will make the proceeds of such Revolving B Loan available to 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 Commitment, the Borrowers may borrow, prepay and reborrow pursuant to this Section 2.2(a) until the Termination Date. It is understood and agreed that from time to time the Bank may issue Letters of Credit for the account of a Borrower pursuant to L/C Applications, and that such Letters of Credit and any unpaid drawings shall reduce any amount available to be borrowed under the Revolving B Commitment.following therefor:

Appears in 1 contract

Samples: Credit Agreement (Hines Horticulture Inc)

Revolving B Loans. (a) MAKING THE REVOLVING B LOANS. The Bank has made "Each Revolving B Loans" (as defined Loan Lender severally agrees, subject to the limitations set forth below 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, on the terms and conditions hereinafter set forthlast sentence hereof, to make Revolving B Loans lend to Company from time to time during the Borrowers period from the Second Amendment Effective Date to the Revolving B Loan Commitment Termination Date in an aggregate principal amount at any one time outstanding not to exceed exceeding its Pro Rata Share of the aggregate amount of the Revolving B Loan Commitment (less to be used for the purposes identified in subsection 2.5F. The 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 amount of any L/C Outstandings). The Bank shall have no obligation to make a the Revolving B Loan if either (i) the sum Commitments as of the aggregate principal amount of Second Amendment Effective Date is $30,000,000; provided that 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 Commitment of (A) the aggregate principal amount Lenders shall be adjusted to give effect to any assignments 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 Advance ValueLoan Commitment pursuant to subsection 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 subsections 2.4B(ii) and 2.4B(iii). Each Revolving B Loan Lender's Revolving B Loan Commitment shall be in an amount equal to $100,000 or an integral multiple of $100,000 in excess thereof, expire on the Revolving B Loan Commitment Termination Date and shall be made on at least one Business Day's prior written notice. Each Notice of Borrowing all Revolving B Loans and all other amounts owed hereunder with respect to a the Revolving B Loans and the Revolving B Loan Commitments shall be irrevocable, shall paid in full no later than that date. Amounts borrowed under this subsection 2.1A(vii) may be signed by either Borrower (it being understood that only repaid and reborrowed to but excluding 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 Commitment Termination Date; provided that from June 16, 2002 through January 31, 2003 and from June 16, 2003 through January 31, 2004, the Business Day for such Company may not have any outstanding Revolving B Loan. On the Business Day specified and upon fulfillment Loans. B. Subsection 2.4A of the applicable terms Credit Agreement is hereby amended by deleting it in its entirety and conditions set forth in Article III hereof, substituting the Bank will make the proceeds of such Revolving B Loan available to 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 Commitment, the Borrowers may borrow, prepay and reborrow pursuant to this Section 2.2(a) until the Termination Date. It is understood and agreed that from time to time the Bank may issue Letters of Credit for the account of a Borrower pursuant to L/C Applications, and that such Letters of Credit and any unpaid drawings shall reduce any amount available to be borrowed under the Revolving B Commitment.following therefor:

Appears in 1 contract

Samples: Credit Agreement (Hines Horticulture Inc)

Revolving B Loans. (a) MAKING THE REVOLVING B LOANS. The Bank has made "From and including the Closing Date to but excluding the Revolving B 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 AgreementLoan Termination Date, 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 severally agrees, on the terms and subject to the conditions hereinafter set forthforth in this Agreement, to make Revolving B Loans to the Borrowers Company from time to time (the Effective Date to the Termination Date "Revolving B Loans") in an aggregate principal amount outstanding at any one time outstanding not to exceed the amount of the Revolving B Commitment (less the aggregate amount of any L/C Outstandings). The Bank shall have no obligation to make a its Revolving B Loan if either (i) the sum of the aggregate principal amount of the outstanding Revolving B Loans plus the principal amount of such requested Commitment. The Revolving B Loan would exceed the Available Revolving B Commitment, or (ii) the sum Commitment of (A) the aggregate principal amount of the outstanding Revolving B Loans, (B) the principal amount of the requested Revolving B Loan, each Bank shall be automatically and (C) the L/C Outstandings would exceed the amount equal to the Revolving B Advance Value. Each permanently reduced on each Revolving B Loan shall be Commitment Reduction Date in an amount equal to $100,000 or an integral multiple such Bank's Pro-Rata Share 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 the applicable Revolving B Loan shall be 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 Commitment Reduction Amount for such Revolving B Loan and the Business Day for such Commitment Reduction Date. (b) The Revolving B Loan. On Loans shall be evidenced by the Business Day specified Revolving B Notes. (c) The Revolving B Loans shall be Floating Rate Loans or, at the Company's option and upon fulfillment subject to the terms hereof, Eurodollar Loans. (d) Subject to the mandatory repayment obligations of the applicable terms and conditions set forth Company provided for in Article III hereofthis Agreement, the Bank will make Revolving B Loans shall be repaid to the proceeds of such Banks in full on the Revolving B Loan available to 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 dateTermination Date. Within the limits and subject to the terms and conditions herein set forth, Revolving B Loans may be borrowed, repaid and reborrowed from time to time. (e) The Company may use the proceeds of the Revolving B CommitmentLoans to fund Permitted Acquisitions, Permitted Stock Repurchases, for working capital and other general corporate purposes, and to the extent applicable pursuant to Section 2.8(b), for Permitted Acquisitions during the Proceeds Application Period. Notwithstanding the foregoing, the Borrowers may borrow, prepay and reborrow pursuant Company shall only use up to this Section 2.2(a) until $14,000,000 of the Termination Date. It is understood and agreed that proceeds from time to time the Bank may issue Letters of Credit for the account of a Borrower pursuant to L/C Applications, and that such Letters of Credit and any unpaid drawings shall reduce any amount available to be borrowed under the Revolving B CommitmentLoans to purchase the Noble Stock pursuant to the Noble Stock Purchase and Warrant Redemption Agreement.

Appears in 1 contract

Samples: Credit Agreement (Jacor Communications Inc)

Revolving B Loans. (a) MAKING THE REVOLVING B LOANS. The Bank has made "Each Revolving B Loans" (as defined in the Existing Credit Agreement) Lender severally agrees, subject to the Borrowers under the Existing Credit Agreement, which remain outstanding on the Effective Date (immediately prior limitations set forth below with respect to the effectiveness ----------------- maximum amount 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, on the terms and conditions hereinafter set forth, to make Revolving B Loans permitted to the be outstanding from time to time, to lend to Borrowers from time to time during the Effective period from the Closing Date to but excluding the Revolving B Loan Commitment Termination Date in an aggregate principal amount at any one time outstanding not to exceed 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 (less 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 L/C Outstandings)reductions thereto made pursuant to subsection 2.4. The Bank shall have no obligation to make a Each Revolving B Lender's Revolving B Loan if either (i) Commitment shall expire on the sum of the aggregate principal amount of the outstanding Revolving B Loan Commitment Termination Date and all 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 all other amounts owed hereunder with respect to the Revolving B Advance Value. Each Loans and the Revolving B Loan Commitments shall be paid 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 Dayfull no later than that date; provided that -------- each Revolving B Lender's prior written notice. Each Notice of Borrowing with respect to a 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 irrevocable, shall be signed by either Borrower (it being understood that only repaid and reborrowed to but excluding 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 Commitment Termination Date. Anything contained in this Agreement to the contrary notwithstanding, the Revolving B Loans 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 Commitments shall be subject to the Borrowers by crediting Account Number 350-902-9720 maintained with following limitations in 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 Commitment, the Borrowers may borrow, prepay and reborrow pursuant to this Section 2.2(a) until the Termination Date. It is understood and agreed that from time to time the Bank may issue Letters of Credit for the account of a Borrower pursuant to L/C Applications, and that such Letters of Credit and any unpaid drawings shall reduce any amount available to be borrowed under the Revolving B Commitment.amounts indicated:

Appears in 1 contract

Samples: Credit Agreement (Farmland Industries Inc)

Revolving B Loans. (a) MAKING THE REVOLVING B LOANS. The Bank has made "Each Revolving B Loans" (as defined Loan Lender severally agrees, subject to the limitations set forth below 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, on the terms and conditions hereinafter set forthlast sentence hereof, to make Revolving B Loans lend to Company from time to time during the Borrowers period from the Second Amendment Effective Date to the Revolving B Loan Commitment Termination Date in an aggregate principal amount at any one time outstanding not to exceed exceeding its Pro Rata Share of the aggregate amount of the Revolving B Loan Commitment (less to be used for the purposes identified in subsection 2.5F. The 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 amount of any L/C Outstandings). The Bank shall have no obligation to make a the Revolving B Loan if either (i) the sum Commitments as of the aggregate principal amount of Second Amendment Effective Date is $30,000,000; provided that 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 Commitment of (A) the aggregate principal amount Lenders shall be adjusted to give effect to any assignments 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 Advance ValueLoan Commitment pursuant to subsection 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 subsections 2.4B(ii) and 2.4B(iii). Each Revolving B Loan Lender's Revolving B Loan Commitment shall be in an amount equal to $100,000 or an integral multiple of $100,000 in excess thereof, expire on the Revolving B Loan Commitment Termination Date and shall be made on at least one Business Day's prior written notice. Each Notice of Borrowing 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. Amounts borrowed under this subsection 2.1A(vii) may be repaid and reborrowed to but excluding the Revolving B Loan Commitment Termination Date; provided that from the Second 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." 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 Lender on the Second Amendment Effective Date a Revolving B Loan shall be 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, Note substantially in the form of Exhibit D hereto, specifying, INTER ALIA, the proposed amount of IV-G annexed hereto to evidence such Revolving B Loan and the Business Day for such Lender's Revolving B Loan. On , in the Business Day specified principal amount of that Revolving B Loan Lender's Revolving B Loan Commitment and upon fulfillment with other appropriate insertions." H. Subsection 2.2A of the applicable terms Credit Agreement is hereby amended by deleting the last paragraph thereof in its entirety and conditions substituting the following therefor: "The Applicable Base Rate Margin or the Applicable Eurodollar Rate Margin shall be 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 Article III hereofthe 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 Bank will make Applicable Base Rate Margin and the proceeds of such Revolving B Loan available Applicable Eurodollar Rate Margin shall automatically be adjusted to the Borrowers by crediting Account Number 350-902-9720 maintained with the Bankhighest level set forth for such Base Rate Loans or Eurodollar Rate Loans, at its office in Charlotte, Norxx Xxxxxxxx, not later than 2:00 P.M. (Charlotte timerespectively." I. Subsection 2.2B(v) on such date. Within the limits of the Revolving B Commitment, Credit Agreement is hereby amended by deleting the Borrowers may borrow, prepay ";" and reborrow pursuant to this Section 2.2(a) until adding the Termination Date. It is understood and agreed that from time to time following at the Bank may issue Letters of Credit for the account of a Borrower pursuant to L/C Applications, and that such Letters of Credit and any unpaid drawings shall reduce any amount available to be borrowed under the Revolving B Commitment.end thereof:

Appears in 1 contract

Samples: Credit Agreement (Hines Horticulture Inc)

Revolving B Loans. (a) MAKING THE REVOLVING B LOANS. The Bank has made "Revolving B Loans" (as defined in the Existing Credit Agreement) Subject 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, on the terms and conditions hereinafter set forthforth herein, each Revolving B Lender severally agrees to make loans (each such loan, a “Revolving B Loans 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 Effective Date to Availability Period for the Termination Date Revolving B Commitments in an aggregate principal amount at any one time outstanding not to exceed at any time outstanding the amount of the Revolving B Commitment (less the aggregate amount of any L/C Outstandings). The Bank shall have no obligation to make a Revolving B Loan if either (i) the sum of the aggregate principal amount of the outstanding Revolving B Loans plus the principal amount of such requested Revolving B Loan would exceed the Available Lender’s Revolving B Commitment; provided, or (ii) the sum however, that after giving effect to any Borrowing of (A) the aggregate principal amount of the outstanding Revolving B Loans, (Bi) the principal amount Total Revolving B Outstandings shall not exceed the Aggregate Revolving B Commitments, (ii) the aggregate Outstanding Amount of the requested Revolving B LoanLoans 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 (Ciii) the L/C Total Revolving Outstandings would shall not exceed the amount equal to the Aggregate Revolving B Advance ValueCommitments. Each Revolving B Loan shall be in an amount equal to $100,000 or an integral multiple of $100,000 in excess thereofLender may, and shall be made on at least one Business Day's prior written notice. Each Notice of Borrowing with respect to a Revolving B Loan shall be irrevocableits option, 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 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 Borrowers by crediting Account Number 350-902-9720 maintained obligation of such Revolving A/B Borrower to repay such Revolving B Loan in accordance with the Bank, at its office in Charlotte, Norxx Xxxxxxxx, not later than 2:00 P.M. (Charlotte time) on such dateterms of this Agreement. Within the limits of the each Lender’s Revolving B Commitment, and subject to the other terms and conditions hereof, the Revolving A/B Borrowers may borrowborrow under this Section 2.01(b), prepay under Section 2.05, and reborrow pursuant to under this Section 2.2(a) until the Termination Date2.01(b). It is understood and agreed that from time to time the Bank may issue Letters of Credit for the account of a Borrower pursuant to L/C Applications, and that such Letters of Credit and any unpaid drawings shall reduce any amount available to be borrowed under the Revolving B Commitment.Loans may be Base Rate Loans or Eurocurrency Rate Loans, or a combination thereof, as further provided herein (provided that Lux 2 may not borrow Base Rate Loans). lv CHAR1\1792192v4

Appears in 1 contract

Samples: Credit Agreement (Fleetcor Technologies Inc)

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Revolving B Loans. (a) MAKING THE REVOLVING B LOANS. The Bank has made "Revolving B Loans" (as defined in the Existing Credit Agreement) Subject 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, on the terms and conditions hereinafter set forthforth herein, each Revolving B Lender severally agrees to make loans (each such loan, a “Revolving B Loans 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 Effective Date to Availability Period for the Termination Date Revolving B Commitments in an aggregate principal amount at any one time outstanding not to exceed at any time outstanding the amount of the Revolving B Commitment (less the aggregate amount of any L/C Outstandings). The Bank shall have no obligation to make a Revolving B Loan if either (i) the sum of the aggregate principal amount of the outstanding Revolving B Loans plus the principal amount of such requested Revolving B Loan would exceed the Available Lender’s Revolving B Commitment; provided, or (ii) the sum however, that after giving effect to any Borrowing of (A) the aggregate principal amount of the outstanding Revolving B Loans, (Bi) the principal amount Total Revolving B Outstandings shall not exceed the Aggregate Revolving B Commitments, (ii) the aggregate Outstanding Amount of the requested Revolving B LoanLoans 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 (Ciii) the L/C Total Revolving Outstandings would shall not exceed the amount equal to the Aggregate Revolving B Advance ValueCommitments. Each Revolving B Loan shall be in an amount equal to $100,000 or an integral multiple of $100,000 in excess thereofLender may, and shall be made on at least one Business Day's prior written notice. Each Notice of Borrowing with respect to a Revolving B Loan shall be irrevocableits option, 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 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 Borrowers by crediting Account Number 350-902-9720 maintained obligation of such Revolving A/B Borrower to repay such Revolving B Loan in accordance with the Bank, at its office in Charlotte, Norxx Xxxxxxxx, not later than 2:00 P.M. (Charlotte time) on such dateterms of this Agreement. Within the limits of the each Lender’s Revolving B Commitment, and subject to the other terms and conditions hereof, the Revolving A/B Borrowers may borrowborrow under this Section 2.01(b), prepay under Section 2.05, and reborrow pursuant to under this Section 2.2(a) until the Termination Date2.01(b). It is understood and agreed that from time to time the Bank may issue Letters of Credit for the account of a Borrower pursuant to L/C Applications, and that such Letters of Credit and any unpaid drawings shall reduce any amount available to be borrowed under the Revolving B CommitmentLoans may be Base Rate Loans, Term SOFR Loans, Alternative Currency Daily Rate Loans or Alternative Currency Term Rate Loans or a combination thereof, as further provided herein (provided that Lux 2 may not borrow Base Rate Loans).

Appears in 1 contract

Samples: Credit Agreement (Fleetcor Technologies Inc)

Revolving B Loans. (a) MAKING THE REVOLVING B LOANS. The Bank has made "Revolving B Loans" (as defined in the Existing Credit Agreement) Subject 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, on the terms and conditions hereinafter set forthforth herein, each Revolving B Lender severally agrees to make loans (each such loan, a “Revolving B Loans 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 Effective Date to Availability Period for the Termination Date Revolving B Commitments in an aggregate principal amount at any one time outstanding not to exceed at any time outstanding the amount of the Revolving B Commitment (less the aggregate amount of any L/C Outstandings). The Bank shall have no obligation to make a Revolving B Loan if either (i) the sum of the aggregate principal amount of the outstanding Revolving B Loans plus the principal amount of such requested Revolving B Loan would exceed the Available Lender’s Revolving B Commitment; provided, or (ii) the sum however, that after giving effect to any Borrowing of (A) the aggregate principal amount of the outstanding Revolving B Loans, (Bi) the principal amount Total Revolving B Outstandings shall not exceed the Aggregate Revolving B Commitments, (ii) the aggregate Outstanding Amount of the requested Revolving B LoanLoans 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 (Ciii) the L/C Total Revolving Outstandings would shall not exceed the amount equal to the Aggregate Revolving B Advance ValueCommitments. Each Revolving B Loan shall be in an amount equal to $100,000 or an integral multiple of $100,000 in excess thereofLender may, and shall be made on at least one Business Day's prior written notice. Each Notice of Borrowing with respect to a Revolving B Loan shall be irrevocableits option, 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 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 Borrowers by crediting Account Number 350-902-9720 maintained obligation of such Revolving A/B Borrower to repay such Revolving B Loan in accordance with the Bank, at its office in Charlotte, Norxx Xxxxxxxx, not later than 2:00 P.M. (Charlotte time) on such dateterms of this Agreement. Within the limits of the each Lender’s Revolving B Commitment, and subject to the other terms and conditions hereof, the Revolving A/B Borrowers may borrowborrow under this Section 2.01(b), prepay under Section 2.05, and reborrow pursuant to under this Section 2.2(a) until the Termination Date2.01(b). It is understood and agreed that from time to time the Bank may issue Letters of Credit for the account of a Borrower pursuant to L/C Applications, and that such Letters of Credit and any unpaid drawings shall reduce any amount available to be borrowed under the Revolving B CommitmentLoans may be Base Rate Loans, Term SOFR Loans, Alternative Currency Daily 13971043v3 Rate Loans or Alternative Currency Term Rate Loans or a combination thereof, as further provided herein (provided that Lux 2 may not borrow Base Rate Loans).

Appears in 1 contract

Samples: Credit Agreement (Corpay, Inc.)

Revolving B Loans. (a) MAKING THE REVOLVING B LOANS. The Bank has made "Revolving B Loans" (as defined in the Existing Credit Agreement) Subject 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, on the terms and conditions hereinafter set forthforth herein, each Revolving B Lender severally agrees to make loans (each such loan, a “Revolving B Loans 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 Effective Date to Availability Period for the Termination Date Revolving B Commitments in an aggregate principal amount at any one time outstanding not to exceed at any time outstanding the amount of the Revolving B Commitment (less the aggregate amount of any L/C Outstandings). The Bank shall have no obligation to make a Revolving B Loan if either (i) the sum of the aggregate principal amount of the outstanding Revolving B Loans plus the principal amount of such requested Revolving B Loan would exceed the Available Lender’s Revolving B Commitment; provided, or (ii) the sum however, that after giving effect to any Borrowing of (A) the aggregate principal amount of the outstanding Revolving B Loans, (Bi) the principal amount Total Revolving B Outstandings shall not exceed the Aggregate Revolving B Commitments, (ii) the aggregate Outstanding Amount of the requested Revolving B LoanLoans 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 (Ciii) the L/C Total Revolving Outstandings would shall not exceed the amount equal to the Aggregate Revolving B Advance ValueCommitments. Each Revolving B Loan shall be in an amount equal to $100,000 or an integral multiple of $100,000 in excess thereofLender may, and shall be made on at least one Business Day's prior written notice. Each Notice of Borrowing with respect to a Revolving B Loan shall be irrevocableits option, 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 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 Borrowers by crediting Account Number 350-902-9720 maintained obligation of such Revolving A/B Borrower to repay such Revolving B Loan in accordance with the Bank, at its office in Charlotte, Norxx Xxxxxxxx, not later than 2:00 P.M. (Charlotte time) on such dateterms of this Agreement. Within the limits of the each Lender’s Revolving B Commitment, and subject to the other terms and conditions hereof, the Revolving A/B Borrowers may borrowborrow under this Section 2.01(b), prepay under Section 2.05, and reborrow pursuant to under this Section 2.2(a) until the Termination Date2.01(b). It is understood and agreed that from time to time the Bank may issue Letters of Credit for the account of a Borrower pursuant to L/C Applications, and that such Letters of Credit and any unpaid drawings shall reduce any amount available to be borrowed under the Revolving B CommitmentLoans may be Base Rate Loans, Eurocurrency Rate Loans, Alternative Currency Daily Rate Loans or Alternative Currency Term Rate Loans or a combination thereof, as further provided herein (provided that Lux 2 may not borrow Base Rate Loans).

Appears in 1 contract

Samples: Credit Agreement (Fleetcor Technologies Inc)

Revolving B Loans. (a) MAKING THE REVOLVING B LOANS. The Bank has made "Revolving B Loans" (as defined in the Existing Credit Agreement) Subject 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, on the terms and conditions hereinafter set forthforth herein, each Revolving B Lender severally agrees to make loans (each such loan, a “Revolving B Loans Loan”) to the Revolving B Borrowers in Dollars, Australian Dollars or New Zealand Dollars from time to time on any Business Day during the Effective Date to the Termination Date Availability Period in an aggregate principal amount at any one time outstanding not to exceed at any time outstanding the amount of the Revolving B Commitment (less the aggregate amount of any L/C Outstandings). The Bank shall have no obligation to make a Revolving B Loan if either (i) the sum of the aggregate principal amount of the outstanding Revolving B Loans plus the principal amount of such requested Revolving B Loan would exceed the Available Lender’s Revolving B Commitment; provided, or (ii) the sum however, that after giving effect to any Borrowing of (A) the aggregate principal amount of the outstanding Revolving B Loans, (Bi) the principal amount Total Revolving B Outstandings shall not exceed the Aggregate Revolving B Commitments, (ii) the aggregate Outstanding Amount of the requested Revolving B LoanLoans of any Lender shall not exceed such Lender’s Revolving B Commitment, and (Ciii) the L/C Total Revolving Outstandings would shall not exceed the amount equal to the Aggregate Revolving B Advance ValueCommitments. Each Revolving B Loan shall be in an amount equal to $100,000 or an integral multiple of $100,000 in excess thereofLender may, and shall be made on at least one Business Day's prior written notice. Each Notice of Borrowing with respect to a Revolving B Loan shall be irrevocableits option, 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 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 Borrowers by crediting Account Number 350-902-9720 maintained obligation of such Revolving B Borrower to repay such Revolving B Loan in accordance with the Bank, at its office in Charlotte, Norxx Xxxxxxxx, not later than 2:00 P.M. (Charlotte time) on such dateterms of this Agreement. Within the limits of the each Lender’s Revolving B Commitment, and subject to the other terms and conditions hereof, the Revolving B Borrowers may borrowborrow under this Section 2.01(b), prepay under Section 2.05, and reborrow pursuant to under this Section 2.2(a) until 2.01(b). Revolving B Loans denominated in Dollars may be Base Rate Loans or Eurocurrency Rate Loans, or a combination thereof, as further provided herein. Revolving B 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. It is understood and agreed that from time to time the Bank may issue Letters of Credit for the account of a Borrower pursuant to L/C Applications, each Revolving B Lender’s Revolving B Commitment shall automatically expire, and that such Letters of Credit and any unpaid drawings shall reduce any amount available to be borrowed under the each Revolving B CommitmentLender shall have no further obligation to make Revolving B Loans.

Appears in 1 contract

Samples: Credit Agreement (Fleetcor Technologies Inc)

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