Revolving Commitment. Subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth herein, each Lender severally agrees to make available to the Borrower such Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANS") from time to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDED, HOWEVER, that the sum of the aggregate outstanding principal amount of Revolving Loans shall not exceed ONE HUNDRED MILLION DOLLARS ($100,000,000) (as such aggregate maximum amount may be reduced from time to time as provided in Section 3.4, the "REVOLVING COMMITTED AMOUNT"); PROVIDED, FURTHER, (A) with regard to each Lender individually, such Lender's outstanding Revolving Loans shall not exceed such Lender's Revolving Commitment Percentage of the Revolving Committed Amount, and (B) the sum of the aggregate outstanding principal amount of Revolving Loans PLUS LOC Obligations PLUS Swingline Loans shall not exceed the Revolving Committed Amount. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Base Rate Loans or Eurodollar Loans, or a combination thereof, as the Borrower may request; PROVIDED, HOWEVER, that no more than 15 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof.
Appears in 3 contracts
Samples: Credit Agreement (Michael Foods Inc /Mn), Credit Agreement (Mg Waldbaum Co), Credit Agreement (Mg Waldbaum Co)
Revolving Commitment. Subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth herein, each Revolving Lender severally agrees to make available to the Borrower such Lender's Revolving Commitment Percentage of revolving credit loans requested by (“Revolving Loans”) to the Borrower in Dollars ("REVOLVING LOANS") Borrowers from time to time from the Closing Effective Date until the Maturity Termination Date, or such earlier date as the Revolving Commitments shall have been terminated as provided hereinherein for the purposes hereinafter set forth (provided, that, all Revolving Loans made prior to the Effective Time (as defined in the Merger Agreement) shall be made to Speedway Funding); PROVIDEDprovided, HOWEVERhowever, that (x) the sum of the aggregate outstanding principal amount of outstanding Revolving Loans at any time shall not exceed the Revolving Committed Amount and (y) the sum of the aggregate principal amount of outstanding Revolving Loans on the Effective Date shall not exceed $20,000,000 (which outstanding amount shall result only from borrowings of Revolving Loans the proceeds of which are used to finance the Offer (as defined in the Merger Agreement) and for fees and expenses related to the Merger); provided, further, (i) with regard to each Revolving Lender individually, such Lender’s share of outstanding Revolving Obligations shall not exceed such Lender’s Revolving Commitment Percentage of the Revolving Committed Amount and (ii) with regard to the Revolving Lenders collectively, the aggregate principal amount of outstanding Revolving Obligations shall not exceed ONE HUNDRED MILLION DOLLARS ($100,000,000) (as such aggregate maximum amount may be reduced from time to time be increased pursuant to Section 2.6 or reduced as provided in Section 3.4, the "REVOLVING COMMITTED AMOUNT"3.3); PROVIDED, FURTHER, (A) with regard to each Lender individually, such Lender's outstanding Revolving Loans shall not exceed such Lender's Revolving Commitment Percentage of the Revolving Committed Amount, and (B) the sum of the aggregate outstanding principal amount of Revolving Loans PLUS LOC Obligations PLUS Swingline Loans shall not exceed the Revolving Committed Amount. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Base Rate Loans or Eurodollar Loans, or a combination thereof, as the Borrower Borrowers may requestrequest and may be repaid and reborrowed in accordance with the provisions hereof; PROVIDEDprovided, HOWEVERhowever, that no more than 15 six Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for with respect to Revolving Loans. For purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same datedate and have the same duration, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof.
Appears in 3 contracts
Samples: Credit Agreement (Speedway Motorsports LLC), Credit Agreement (Speedway Motorsports LLC), Credit Agreement (Speedway Motorsports Inc)
Revolving Commitment. Subject During the Commitment Period, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Revolving Lender severally severally, but not jointly, agrees to make available revolving credit loans in Dollars (“Revolving Loans”) to the Borrower such Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANS") from time to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDED, HOWEVER, that the sum of the in an aggregate outstanding principal amount of Revolving Loans shall not exceed ONE up to FORTY-FOUR MILLION SEVEN HUNDRED MILLION FIFTY THOUSAND DOLLARS ($100,000,00044,750,000) (as increased from time to time as provided in Section 2.1(f) and as such aggregate maximum amount may be reduced from time to time as provided in Section 3.42.6, the "REVOLVING COMMITTED AMOUNT")“Revolving Committed Amount”) for the purposes hereinafter set forth; PROVIDEDprovided, FURTHERhowever, that (Ai) with regard to each Revolving Lender individually, the sum of such Revolving Lender's outstanding Revolving Loans shall not exceed such Lender's ’s Revolving Commitment Percentage of the aggregate principal amount of outstanding Revolving Committed Amount, Loans plus such Revolving Lender’s Revolving Commitment Percentage of outstanding Swingline Loans plus such Revolving Lender’s Revolving Commitment Percentage of outstanding LOC Obligations shall not exceed such Revolving Lender’s Revolving Commitment and (Bii) with regard to the Revolving Lenders collectively, the sum of the aggregate outstanding principal amount of outstanding Revolving Loans PLUS plus outstanding Swingline Loans plus outstanding LOC Obligations PLUS Swingline Loans shall not exceed the Revolving Committed AmountAmount then in effect. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Alternate Base Rate Loans or Eurodollar LIBOR Rate Loans, or a combination thereof, as the Borrower may request; PROVIDED, HOWEVER, that no more than 15 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof; provided, however, the Revolving Loans made on the Closing Date or any of the three (3) Business Days following the Closing Date, may only consist of Alternate Base Rate Loans unless the Borrower delivers a funding indemnity letter, substantially in the form of Exhibit 2.1(a), reasonably acceptable to the Administrative Agent not less than three (3) Business Days prior to the Closing Date. LIBOR Rate Loans shall be made by each Revolving Lender at its LIBOR Lending Office and Alternate Base Rate Loans at its Domestic Lending Office.
Appears in 3 contracts
Samples: Credit Agreement (Osi Systems Inc), Credit Agreement (Osi Systems Inc), Credit Agreement (Osi Systems Inc)
Revolving Commitment. Subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth herein, each Revolving Lender severally agrees to make available to the Borrower such Revolving Lender's Revolving ’s Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANS"“Revolving Loans”) from time to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDEDprovided, HOWEVERhowever, that the sum of the aggregate outstanding principal amount of Revolving Loans shall not exceed ONE FOUR HUNDRED MILLION DOLLARS ($100,000,000400,000,000) (as such aggregate maximum amount may be increased in accordance with Section 2.7 or reduced from time to time as provided in Section 3.4, the "REVOLVING COMMITTED AMOUNT"“Revolving Committed Amount”); PROVIDEDprovided, FURTHERfurther, (A) with regard to each Revolving Lender individually, such Revolving Lender's outstanding ’s Revolving Loans Credit Exposure shall not exceed such Revolving Lender's ’s Revolving Commitment Percentage of the Revolving Committed AmountCommitment, and (B) the sum of the aggregate outstanding principal amount of Revolving Loans PLUS plus LOC Obligations PLUS plus Swingline Loans shall not exceed the Revolving Committed Amount. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Base Rate Loans or Eurodollar Loans, or a combination thereof, as the Borrower may request; PROVIDEDprovided, HOWEVERhowever, that no more than 15 six (6) Eurodollar Loans which are Revolving Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof.
Appears in 3 contracts
Samples: Credit Agreement (Amn Healthcare Services Inc), Credit Agreement (Amn Healthcare Services Inc), Credit Agreement (Amn Healthcare Services Inc)
Revolving Commitment. Subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth herein, each Lender severally agrees to make available to the Borrower such Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANSRevolving Loans") from time to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDEDprovided, HOWEVERhowever, that the sum of the aggregate outstanding principal amount of Revolving Loans shall not exceed ONE HUNDRED FIFTY MILLION DOLLARS ($100,000,00050,000,000) (as such aggregate maximum amount may be reduced from time to time as provided in Section 3.4, the "REVOLVING COMMITTED AMOUNTRevolving Committed Amount"); PROVIDEDprovided, FURTHERfurther, (A) with regard to each Lender individually, such Lender's outstanding Revolving Loans shall not exceed such Lender's Revolving Commitment Percentage of the Revolving Committed Amount, and (B) the sum of the aggregate outstanding principal amount of Revolving Loans PLUS plus LOC Obligations PLUS plus Swingline Loans shall not exceed the Revolving Committed Amount. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Base Rate Loans or Eurodollar Loans, or a combination thereof, as the Borrower may request; PROVIDEDprovided, HOWEVERhowever, that no more than 15 6 Eurodollar Loans which are Revolving Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof.
Appears in 2 contracts
Samples: Credit Agreement (Amn Healthcare Services Inc), Credit Agreement (Amn Healthcare Services Inc)
Revolving Commitment. Subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth herein, each Lender severally agrees to make available to the Borrower such Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANSRevolving Loans") from time to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDEDprovided, HOWEVERhowever, that (i) the sum of the aggregate outstanding principal amount of Revolving Loans shall not exceed ONE HUNDRED FIFTY MILLION DOLLARS ($100,000,00050,000,000) (as such aggregate maximum amount may be reduced from time to time as provided in Section 3.4, the "REVOLVING COMMITTED AMOUNTRevolving Committed Amount"); PROVIDED, FURTHER, (Aii) with regard to each Lender individually, the sum of such Lender's outstanding Revolving Loans plus such Lender's Participation Interests in Letters of Credit and LOC Obligations shall not exceed such Lender's Revolving Commitment Percentage of the Revolving Committed Amount, Amount and (Biii) the sum of the aggregate outstanding principal amount of Revolving Loans PLUS plus LOC Obligations PLUS Swingline Loans shall not exceed the Revolving Committed Amount. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Base Rate Loans or Eurodollar Loans, or a combination thereof, as the Borrower may request; PROVIDEDprovided, HOWEVERhowever, that no more than 15 ten (10) Eurodollar Loans which are Revolving Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof.
Appears in 2 contracts
Samples: Credit Agreement (Jw Childs Equity Partners Ii Lp), Credit Agreement (Signal Medical Services)
Revolving Commitment. Subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth herein, each Lender severally agrees to make available to the Borrower such Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANSRevolving Loans") from time to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDEDprovided, HOWEVERhowever, that (i) with regard to the sum Lenders collectively, the amount of the aggregate Revolving Obligations outstanding principal amount of Revolving Loans shall not exceed ONE HUNDRED MILLION DOLLARS ($100,000,000) (as such aggregate maximum amount may be reduced from time to time as provided in Section 3.4the Revolving Committed Amount; provided, the "REVOLVING COMMITTED AMOUNT"); PROVIDED, FURTHERfurther, (Aii) with regard to each Lender individually, such Lender's outstanding Revolving Commitment Percentage of the sum of the Revolving Loans plus LOC Obligations outstanding plus Swingline Loans outstanding shall not exceed such Lender's Revolving Commitment Percentage of the Revolving Committed Amount, and (B) the sum of the aggregate outstanding principal amount of Revolving Loans PLUS LOC Obligations PLUS Swingline Loans shall not exceed the Revolving Committed Amount. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Base Rate Loans or Eurodollar Loans, or a combination thereof, as the Borrower may request; PROVIDEDprovided, HOWEVERhowever, that no more than 15 five Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof.
Appears in 2 contracts
Samples: Credit Agreement (Tractor Supply Co /De/), Credit Agreement (Tractor Supply Co /De/)
Revolving Commitment. Subject Prior to the Commitment Termination Date, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Lender severally agrees to make available revolving credit loans in Dollars or in any Alternative Currency to the Borrower such Lender's (“Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANS"Loans”) from time to time from for the Closing Date until the Maturity Datepurposes hereinafter set forth; provided, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDED, HOWEVERhowever, that (i) with regard to each Lender individually, the sum of the aggregate such Lender’s share of outstanding principal amount Revolving Loans, plus such Lender’s Commitment Percentage of Revolving Loans outstanding Swingline Loans, plus such Lender’s Commitment Percentage of LOC Obligations shall not exceed ONE such Lender’s Commitment Percentage of the aggregate Committed Amount, and (ii) with regard to the Lenders collectively, the Advances Outstanding shall not exceed the aggregate Committed Amount then in effect. For purposes hereof, the aggregate amount available hereunder shall be FIVE HUNDRED FORTY-FIVE MILLION DOLLARS ($100,000,000545,000,000.00) (as such aggregate maximum amount may be (A) increased from time to time as provided in Section 2.2, and (B) reduced from time to time as provided in Section 3.42.6, the "REVOLVING COMMITTED AMOUNT"“Committed Amount”); PROVIDEDprovided, FURTHERhowever, (A) with regard to each Lender individually, such Lender's that the aggregate principal amount of all outstanding Revolving Loans and LOC Obligations in Alternative Currencies shall not exceed such Lender's Revolving Commitment Percentage thirty percent (30%) of the Revolving Committed Amount, and Amount (B) the sum of the aggregate outstanding principal amount of “Alternative Currency Sub Limit”). Revolving Loans PLUS LOC Obligations PLUS Swingline Loans shall not exceed the Revolving Committed Amount. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans denominated in Dollars may consist of Alternate Base Rate Loans or Eurodollar EURIBOR/LIBOR Rate Loans, or a combination thereof, as the Initial Borrower may request, and may be repaid and reborrowed in accordance with the provisions hereof. Revolving Loans denominated in any Alternative Currency may consist of Alternate Base Rate Loans or EURIBOR/LIBOR Rate Loans, or a combination thereof, as the Borrower may request; PROVIDED, HOWEVER, that no more than 15 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof. Notwithstanding the foregoing, any Revolving Loans made on the Closing Date or on either of the two Business Days immediately following the Closing Date may only consist of Alternate Base Rate Loans denominated in Dollars. Any Loans denominated in Dollars shall be made by each Lender at its Domestic Lending Office and any Loans denominated in any Alternative Currency shall be made by each Lender at its EURIBOR/LIBOR Lending Office.
Appears in 2 contracts
Samples: Credit Agreement (Capitalsource Inc), Credit Agreement (Capitalsource Inc)
Revolving Commitment. Subject During the Commitment Period, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Revolving Lender severally severally, but not jointly, agrees to make available to the Borrower such Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower (“Revolving Loans”) (i) in Dollars and in Foreign Currencies to the Company ("REVOLVING LOANS"“Company Revolving Loans”) and (ii) in Foreign Currencies to the U.K. Borrower (“U.K. Borrower Revolving Loans”), in each case from time to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDED, HOWEVER, that the sum of the in an aggregate outstanding principal amount of Revolving Loans shall not exceed ONE up to FOUR HUNDRED SIXTY MILLION DOLLARS ($100,000,000460,000,000) (as increased from time to time as provided in Section 2.22 and as such aggregate maximum amount may be reduced from time to time as provided in Section 3.42.6, the "REVOLVING COMMITTED AMOUNT"“Revolving Committed Amount”) for the purposes hereinafter set forth (such facility, the “Revolving Facility”); PROVIDEDprovided, FURTHERhowever, that (A) with regard to each Revolving Lender individually, the sum of such Revolving Lender's ’s Commitment Percentage of the aggregate principal amount of outstanding Revolving Loans plus such Revolving Lender’s Commitment Percentage of outstanding Swingline Loans plus such Revolving Lender’s Commitment Percentage of outstanding LOC Obligations plus such Lender’s Revolving Credit Commitment Percentage of the Foreign Currency Reserve shall not exceed such Revolving Lender's ’s Revolving Commitment Percentage of the Revolving Committed AmountCommitment, and (B) with regard to the Revolving Lenders collectively, the sum of the aggregate outstanding principal amount of outstanding Revolving Loans PLUS plus outstanding Swingline Loans plus outstanding LOC Obligations PLUS Swingline Loans plus the Foreign Currency Reserve shall not exceed the Revolving Committed Amount. The initial advance Amount then in effect, (C) the aggregate principal Dollar Equivalent of the outstanding Revolving Loans on made to the Closing Date Company denominated in a Foreign Currency, together with the Dollar Equivalent of outstanding LOC Obligations with respect to Letters of Credit denominated in a Foreign Currency, shall consist solely not exceed the Foreign Currency Sublimit and (D) the aggregate principal Dollar Equivalent of Base Rate LoansRevolving Loans made to the U.K. Borrower shall not exceed SEVENTY-FIVE MILLION DOLLARS ($75,000,000) (the “U.K. Borrower Sublimit”). Thereafter, Revolving Loans may consist of Alternate Base Rate Loans or Eurodollar LIBOR Rate Loans, or a combination thereof, as the Borrower Company may request; PROVIDED, HOWEVER, that no more than 15 Eurodollar request and Revolving Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar denominated in a Foreign Currency may consist of only LIBOR Rate Loans, even if they begin on the same dateand in each case, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof; provided, however, that during the three (3) Business Day period commencing on the Third Amendment Effective Date, the U.K. Borrower may only borrow Revolving Loans to the extent the U.K. Borrower has delivered a funding indemnity letter, substantially in the form of Exhibit 2.1(a), reasonably acceptable to the Administrative Agent not less than three (3) Business Days prior to the Third Amendment Effective Date. LIBOR Rate Loans shall be made by each Revolving Lender at its LIBOR Lending Office and Alternate Base Rate Loans at its Domestic Lending Office. The U.K. Borrower shall not constitute a Borrower under the Company Revolving Loans and the Company shall not constitute a Borrower under the U.K. Borrower Revolving Loans.
Appears in 2 contracts
Samples: Credit Agreement (Esterline Technologies Corp), Credit Agreement (Esterline Technologies Corp)
Revolving Commitment. Subject During the Commitment Period, subject to the -------------------- terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Lender severally agrees to make available revolving credit loans (the "Revolving loans") to the Borrower from time to time in the --------------- amount of such Lender's Revolving Commitment Percentage of revolving credit loans requested by such Revolving Loans for the Borrower purposes hereinafter set forth; provided that Revolving Loans hereunder -------- shall be available (and existing Revolving Loans may be extended and renewed) only if and where the Existing Credit Agreement shall be fully drawn upon and there shall be no remaining availability thereunder (that is, the liquidity facility established hereby shall be in Dollars the nature of an overadvance line); and provided further that ("REVOLVING LOANS"i) from time with regard to time from the Closing Date until the Maturity DateLenders collectively, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDED, HOWEVER, that the sum of the aggregate outstanding -------- ------- principal amount of Revolving Loans Obligations outstanding at any time shall not exceed the lesser of (A) ONE HUNDRED MILLION DOLLARS ($100,000,000) (as such aggregate maximum amount may be reduced from time to time as provided in Section 3.4referenced on Schedule 2.1(a), the "REVOLVING COMMITTED AMOUNTRevolving Committed Amount") or (B) until the -------------- -------------------------- Security Release Date relating to inventory (but not thereafter); PROVIDED, FURTHERthe Borrowing Base, and (Aii) with regard to each Lender individually, such Lender's Revolving Commitment Percentage of Obligations outstanding Revolving Loans at any time shall not exceed such Lender's Revolving Commitment Percentage of the Revolving Committed Amount, and (B) the sum of the aggregate outstanding principal amount of Revolving Loans PLUS LOC Obligations PLUS Swingline Loans shall not exceed the Revolving Committed Amount. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Base Rate Loans or Eurodollar Loans, or a combination thereof, as the Borrower may request; PROVIDED, HOWEVER, that no more than 15 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof.
Appears in 2 contracts
Samples: Credit Agreement (Amerisource Distribution Corp), Credit Agreement (Amerisource Distribution Corp)
Revolving Commitment. Subject During the Commitment Period, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Revolving Lender severally agrees to make available to the Borrower such Lender's Revolving Commitment Percentage of revolving credit loans requested by (the “Revolving Loans”) to the Borrower in Dollars ("REVOLVING LOANS") from time to time from in the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDED, HOWEVER, that the sum of the aggregate outstanding principal amount of such Revolving Loans shall not exceed ONE HUNDRED MILLION DOLLARS ($100,000,000) (as such aggregate maximum amount may be reduced from time to time as provided in Section 3.4, the "REVOLVING COMMITTED AMOUNT"); PROVIDED, FURTHER, (A) with regard to each Lender individually, such Lender's outstanding Revolving Loans shall not exceed such Lender's ’s Revolving Commitment Percentage of the Revolving Committed Amount, and Loans requested by the Borrower hereunder for the purposes hereinafter set forth; provided that (Bi) the sum of the aggregate outstanding principal amount of Revolving Loans PLUS LOC Obligations PLUS Swingline Loans outstanding shall not at any time exceed FIVE HUNDRED MILLION DOLLARS ($500,000,000) (as such amount may be increased or reduced from time to time in accordance with the provisions hereof, the “Total Revolving Committed Amount. The initial advance ”), (ii) the aggregate principal amount of Revolving Obligations outstanding shall not at any time exceed the Borrowing Base, and (iii) with regard to each Revolving Lender individually, such Revolving Lender’s Revolving Commitment Percentage of the Revolving Loans on the Closing Date Obligations outstanding shall consist solely of Base Rate Loansnot at any time exceed such Revolving Lender’s Revolving Commitment. Thereafter, Revolving Loans may consist of Base Rate Loans or Eurodollar Rate Loans, or a combination thereof, as the Borrower may request; PROVIDED, HOWEVER, that no more than 15 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof.
Appears in 2 contracts
Samples: Credit and Guaranty Agreement (Ventas Inc), Credit and Guaranty Agreement (Ventas Inc)
Revolving Commitment. Subject to On the terms and subject to the conditions hereof and in reliance upon the representations and warranties set forth hereinof this Agreement (including Article IV), each Lender severally and for itself alone agrees to make available Loans to, and to issue or participate in the issuance of Letters of Credit and Swing Line Loans for the account of, the Borrower pursuant to its Revolving Commitment, as described in this Article II and in Article III, respectively. From time to time on any Business Day occurring prior to the Revolving Commitment Termination Date, each Lender, severally and for itself alone, agrees to make revolving loans in Dollars or in one or more Alternative Currencies (relative to such Lender, its “Revolving Loans”) to the Borrower equal to such Lender's ’s Revolving Commitment Credit Percentage of revolving credit loans the aggregate amount of the applicable Borrowing requested by the Borrower to be made on such day pursuant to this Section 2.1.1. The commitment of each Lender described in Dollars this Section 2.1.1 is herein referred to as its “Revolving Commitment” and shall be in the amount set forth on the Commitment Schedule as such Lender’s “Revolving Commitment”; provided, however that ("REVOLVING LOANS"a) from the aggregate Dollar Equivalent of all Loans which any Lender shall be committed to have outstanding hereunder shall not at any time to time from exceed the Closing Date until the Maturity Date, or product of (i) such earlier date as Lender’s Revolving Credit Percentage multiplied by the Revolving Commitments shall have been terminated as provided herein; PROVIDEDLoan Availability, HOWEVER, that the sum of (b) the aggregate outstanding principal Dollar Equivalent amount of all Revolving Loans which the Lenders shall be committed to have outstanding hereunder shall not at any time exceed ONE HUNDRED MILLION DOLLARS the Revolving Loan Availability and ($100,000,000c) (as such aggregate maximum the Dollar Equivalent amount may be reduced from time to time as provided in Section 3.4, the "REVOLVING COMMITTED AMOUNT"); PROVIDED, FURTHER, (A) with regard to each Lender individually, such Lender's outstanding of all Revolving Loans shall not exceed such Lender's Revolving Commitment Percentage of the Revolving Committed Amount, and (B) the sum of the aggregate outstanding principal amount of Revolving Loans PLUS LOC Obligations PLUS Swingline Loans denominated in Alternative Currencies shall not exceed the Revolving Committed Amount. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Base Rate Loans or Eurodollar Loans, or a combination thereof, as the Borrower may request; PROVIDED, HOWEVER, that no more than 15 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereofAlternative Currency Sublimit.
Appears in 2 contracts
Samples: Credit Agreement (Great Lakes Dredge & Dock CORP), Credit Agreement (Great Lakes Dredge & Dock CORP)
Revolving Commitment. Subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth herein, each Lender severally agrees to make available to the Borrower such Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANSRevolving Loans") up to such Lender's Revolving Commitment from time to time from the Closing Date until the Maturity Termination Date, or such earlier date as the Revolving Commitments shall have been terminated as provided hereinherein for the purposes hereinafter set forth; PROVIDEDprovided, HOWEVERhowever, that the sum of the aggregate outstanding principal amount of outstanding Revolving Loans shall not exceed ONE TWO HUNDRED SEVENTY-FIVE MILLION DOLLARS ($100,000,000275,000,000.00) (as such aggregate maximum amount may be reduced or increased from time to time as provided in Section 3.4, the "REVOLVING COMMITTED AMOUNTRevolving Committed Amount"); PROVIDEDprovided, FURTHERfurther, (Ai) with regard to each Lender individually, such Lender's outstanding Revolving Loans shall not exceed such Lender's Revolving Commitment Percentage of the Revolving Committed AmountCommitment, and (Bii) with regard to the sum of Lenders collectively, the aggregate outstanding principal amount of outstanding Revolving Loans PLUS LOC Obligations PLUS plus the aggregate principal amount of outstanding Competitive Loans plus the aggregate principal amount of outstanding Swingline Loans shall not exceed the Revolving Committed Amount. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Base Rate Loans or Eurodollar Loans, or a combination thereof, as the Borrower may request, and may be repaid and reborrowed in accordance with the provisions hereof; PROVIDEDprovided, HOWEVERhowever, that no more than 15 25 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for time. For purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof.
Appears in 2 contracts
Samples: Credit Agreement (Autozone Inc), Credit Agreement (Autozone Inc)
Revolving Commitment. Subject During the Commitment Period, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Revolving Lender severally severally, but not jointly, agrees to make available revolving credit loans in Dollars (each a “Revolving Loan”) to the Borrower such Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANS") from time to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDED, HOWEVER, that the sum in an aggregate principal Dollar Amount of the aggregate outstanding principal amount of Revolving Loans shall not exceed ONE HUNDRED up to SEVENTY-FIVE MILLION DOLLARS ($100,000,00075,000,000) (as such aggregate maximum amount may be increased from time to time as provided in Section 2.19 or reduced from time to time as provided in Section 3.42.5 or Section 4.1(o), the "REVOLVING COMMITTED AMOUNT"“Revolving Committed Amount”) for the purposes hereinafter set forth (such facility, the “Revolving Facility”); PROVIDEDprovided, FURTHERhowever, that (A) with regard to each Revolving Lender individually, the sum of such Revolving Lender's outstanding Revolving Loans shall not exceed such Lender's ’s Revolving Commitment Percentage of the aggregate principal Dollar Amount of outstanding Revolving Committed Amount, Loans plus such Revolving Lender’s Revolving Commitment Percentage of outstanding Swingline Loans plus such Revolving Lender’s Revolving Commitment Percentage of outstanding LC Obligations plus such Lender’s Revolving Commitment Percentage of the Foreign Currency Reserve shall not exceed such Revolving Lender’s Revolving Commitment and (B) with regard to the sum of Revolving Lenders collectively, the aggregate outstanding principal amount of Revolving Loans PLUS LOC Obligations PLUS Swingline Loans Credit Outstandings shall not exceed the Revolving Committed AmountAmount then in effect. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Alternate Base Rate Loans or Eurodollar LIBOR Rate Loans, or a combination thereof, as the Borrower may request; PROVIDED, HOWEVER, that no more than 15 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof.
Appears in 2 contracts
Samples: Credit Agreement (Enova International, Inc.), Credit Agreement (Cash America International Inc)
Revolving Commitment. Subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth herein, each Revolving Lender severally agrees to make available to the Borrower such Lender's Revolving Commitment Percentage of revolving credit loans requested by (“Revolving Loans”) to the Borrower in Dollars ("REVOLVING LOANS") Borrowers from time to time from the Closing Date until the Maturity Termination Date, or such earlier date as the Revolving Commitments shall have been terminated as provided hereinherein for the purposes hereinafter set forth; PROVIDEDprovided, HOWEVERhowever, that the sum of the aggregate outstanding principal amount of outstanding Revolving Loans shall not exceed the Revolving Committed Amount and; provided, further, (i) with regard to each Revolving Lender individually, such Lender’s share of outstanding Revolving Obligations shall not exceed such Lender’s Revolving Commitment Percentage of the Revolving Committed Amount, (ii) with regard to the Revolving Lenders collectively, the aggregate principal amount of outstanding Revolving Obligations shall not exceed ONE HUNDRED MILLION DOLLARS ($100,000,000) (as such aggregate maximum amount may be reduced from time to time be increased pursuant to Section 2.6 or reduced as provided in Section 3.4, the "REVOLVING COMMITTED AMOUNT"); PROVIDED, FURTHER, “Revolving Committed Amount”) and (Aiii) with regard to each Lender individuallythe Revolving Lenders collectively, such Lender's outstanding Revolving Loans shall not exceed such Lender's Revolving Commitment Percentage the aggregate principal amount of the Revolving Committed Amount, and (B) the sum of the aggregate outstanding principal amount of Revolving Loans PLUS LOC Obligations PLUS Swingline Loans shall not exceed the Revolving Committed Amount. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Base Rate Loans or Eurodollar Loans, or a combination thereof, as the Borrower Borrowers may requestrequest and may be repaid and reborrowed in accordance with the provisions hereof; PROVIDEDprovided, HOWEVERhowever, that no more than 15 six Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for with respect to Revolving Loans. For purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same datedate and have the same duration, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof.
Appears in 2 contracts
Samples: Credit Agreement (Speedway Motorsports Inc), Credit Agreement (New Hampshire Motor Speedway, Inc.)
Revolving Commitment. Subject During the Revolving Commitment Period, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Revolving Lender severally agrees to make available revolving credit loans in Dollars (“Revolving Loans”) to the Borrower from time to time for the purposes hereinafter set forth; provided, however, that (i) with regard to each Revolving Lender individually, the sum of such Revolving Lender's ’s Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars aggregate principal amount of outstanding Revolving Loans plus outstanding Swingline Loans plus outstanding Revolving LOC Obligations shall not exceed such Revolving Lender’s Revolving Commitment and ("REVOLVING LOANS"ii) from time with regard to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDEDLenders collectively, HOWEVER, that the sum of the aggregate outstanding principal amount of outstanding Revolving Loans plus outstanding Swingline Loans plus outstanding Revolving LOC Obligations shall not exceed ONE HUNDRED the Revolving Committed Amount then in effect. For purposes hereof, the aggregate principal amount available for Revolving Loan borrowings hereunder shall be EIGHTY MILLION DOLLARS ($100,000,00080,000,000) (as such aggregate maximum amount may be reduced from time to time as provided in Section 3.42.8, the "REVOLVING COMMITTED AMOUNT"); PROVIDED, FURTHER, (A) with regard to each Lender individually, such Lender's outstanding Revolving Loans shall not exceed such Lender's Revolving Commitment Percentage of the “Revolving Committed Amount, and (B) the sum of the aggregate outstanding principal amount of Revolving Loans PLUS LOC Obligations PLUS Swingline Loans shall not exceed the Revolving Committed Amount”). The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Alternate Base Rate Loans or Eurodollar LIBOR Rate Loans, or a combination thereof, as the Borrower may request; PROVIDED, HOWEVER, that no more than 15 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof; provided, however, the Revolving Loans made on either of the two (2) Business Days immediately following the Closing Date may only consist of Alternate Base Rate Loans. LIBOR Rate Loans shall be made by each Revolving Lender at its LIBOR Lending Office and Alternate Base Rate Loans at its Domestic Lending Office. No Revolving Loans shall be made on the Closing Date.
Appears in 2 contracts
Samples: Credit Agreement (Gencorp Inc), Credit Agreement (Gencorp Inc)
Revolving Commitment. Subject During the Commitment Period, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Revolving Lender severally agrees to severally, but not jointly, shall make available revolving credit loans in Dollars (“Revolving Loans”) to the Borrower such Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANS") from time to time from in an aggregate principal amount not at any time exceeding the total of Revolving Commitments of all the Lenders, which amount on the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDED, HOWEVER, that the sum of the aggregate outstanding principal amount of Revolving Loans shall not exceed ONE HUNDRED MILLION equal TWO BILLION DOLLARS ($100,000,0002,000,000,000) (as increased from time to time as provided in Section 2.22 and as such aggregate maximum amount may be reduced from time to time as provided in Section 3.42.6, the "REVOLVING COMMITTED AMOUNT"“Revolving Committed Amount”) for the purposes hereinafter set forth (the “Revolving Facility”); PROVIDEDprovided, FURTHERhowever, that (Ai) with regard to each Revolving Lender individually, the sum of such Revolving Lender's outstanding Revolving Loans shall not exceed such Lender's ’s Revolving Commitment Percentage of the aggregate principal amount of outstanding Revolving Committed Amount, Loans plus such Revolving Lender’s Revolving Commitment Percentage of the outstanding principal amount of the LOC Obligations shall not exceed such Revolving Lender’s Revolving Commitment and (Bii) with regard to the Revolving Lenders collectively, the sum of the aggregate outstanding principal amount of outstanding Revolving Loans PLUS plus the aggregate principal amount of outstanding LOC Obligations PLUS Swingline Loans shall not exceed the Revolving Committed AmountAmount then in effect. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Alternate Base Rate Loans or Eurodollar LIBOR Rate Loans, or a combination thereof, as the Borrower may request; PROVIDED, HOWEVER, that no more than 15 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof; provided, however, the Revolving Loans made on the Closing Date or any of the three (3) Business Days following the Closing Date, may only consist of Alternate Base Rate Loans unless the Borrower delivers a funding indemnity letter, substantially in the form of Exhibit 2.1(a), reasonably acceptable to the Administrative Agent on or before the Closing Date, in which case LIBOR Rate Loans are available to the Borrower. LIBOR Rate Loans shall be made by each Revolving Lender at its LIBOR Lending Office and Alternate Base Rate Loans at its Domestic Lending Office.
Appears in 2 contracts
Samples: Credit Agreement (Mednax, Inc.), Credit Agreement (Mednax, Inc.)
Revolving Commitment. Subject Prior to the Commitment Termination Date, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Lender severally agrees to make available revolving credit loans in Dollars or in any Alternative Currency to the Borrower such Lender's (“Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANS"Loans”) from time to time from for the Closing Date until the Maturity Datepurposes hereinafter set forth; provided, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDED, HOWEVERhowever, that (i) with regard to each Lender individually, the sum of the aggregate such Lender’s share of outstanding principal amount Revolving Loans, plus such Lender’s Commitment Percentage of Revolving Loans outstanding Swingline Loans, plus such Lender’s Commitment Percentage of LOC Obligations shall not exceed ONE such Lender’s Commitment Percentage of the aggregate Committed Amount, and (ii) with regard to the Lenders collectively, the Advances Outstanding shall not exceed the aggregate Committed Amount then in effect. For purposes hereof, the aggregate amount available hereunder shall be NINE HUNDRED MILLION DOLLARS ($100,000,000900,000,000.00) (as such aggregate maximum amount may be reduced from time to time as provided in Section 3.42.6, the "REVOLVING COMMITTED AMOUNT"“Committed Amount”) (for the avoidance of doubt, the Committed Amount of any Lender or Class of Lenders shall mean the aggregate Commitments of such Lender or Class of Lenders); PROVIDEDprovided, FURTHERhowever, (A) with regard to each Lender individually, such Lender's that the aggregate principal amount of all outstanding Revolving Loans shall not exceed such Lender's Revolving Commitment Percentage of the Revolving Committed Amount, and (B) the sum of the aggregate outstanding principal amount of Revolving Loans PLUS LOC Obligations PLUS Swingline Loans in Alternative Currencies shall not exceed the Revolving Committed AmountAlternative Currency Sub Limit. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans denominated in Dollars may consist of Alternate Base Rate Loans or Eurodollar EURIBOR/LIBOR Rate Loans, or a combination thereof, as the Initial Borrower may request, and may be repaid and reborrowed in accordance with the provisions hereof. Revolving Loans denominated in any Alternative Currency may consist of Alternate Base Rate Loans or EURIBOR/LIBOR Rate Loans, or a combination thereof, as the Borrower may request; PROVIDED, HOWEVER, that no more than 15 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof. Notwithstanding the foregoing, any Revolving Loans made on the Closing Date or on either of the two Business Days immediately following the Closing Date may only consist of Alternate Base Rate Loans denominated in Dollars. Any Loans denominated in Dollars shall be made by each Lender at its Domestic Lending Office and any Loans denominated in any Alternative Currency shall be made by each Lender at its EURIBOR/LIBOR Lending Office.
Appears in 2 contracts
Samples: Credit Agreement (Capitalsource Inc), Credit Agreement (Capitalsource Inc)
Revolving Commitment. Subject During the Commitment Period, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Lender severally agrees to make available revolving loans (the "Revolving Loans"; such Revolving Loans to include Non-Ratable Loans made by Bank of America pursuant to Section 2.7(e)) to the Borrower Borrowers in the amount of such Lender's Revolving Commitment Percentage of revolving credit loans requested by such Revolving Loans for the Borrower in Dollars purposes hereinafter set forth; provided that ("REVOLVING LOANS"i) from time with regard to time from the Closing Date until the Maturity DateLenders collectively, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDED, HOWEVER, that the sum of the aggregate outstanding principal amount of Revolving Loans Obligations (excluding Discretionary Over-Advances) at any time shall not exceed ONE HUNDRED MILLION DOLLARS ($100,000,000) (as such aggregate maximum amount may be reduced from time to time as provided in Section 3.4, the "REVOLVING COMMITTED AMOUNT"); PROVIDED, FURTHER, lesser of (A) the Aggregate Revolving Commitment Amount or (B) the Borrowing Base, and (ii) with regard to each Lender individually, such Lender's outstanding Revolving Loans Commitment Percentage of Obligations (excluding Discretionary Over-Advances) at any time shall not exceed the lesser of (A) such Lender's Revolving Committed Amount or (B) such Lender's Revolving Commitment Percentage of the Borrowing Base. Notwithstanding the foregoing, the Agent may make Revolving Committed Loans in its discretion ("Discretionary Over-Advances") for and on behalf of the Lenders in an aggregate principal amount outstanding at any time not to exceed $5,000,000, even though (1) a Default or Event of Default then exists and has not been waived or cured, (2) the other conditions to Extensions of Credit under Section 4.2 have not or cannot be satisfied, or (3) after giving effect thereto, the Obligations then outstanding will be in excess of the Borrowing Base (but not in excess of the Aggregate Revolving Commitment Amount), if in the reasonable business judgment of the Agent, such advances are necessary or advisable for the protection or preservation of the Collateral or in order to improve the likelihood of repayment of the Total Obligations (including financing working capital needs). The Agent will give prompt notice to the Lenders of any Discretionary Over-Advances and the circumstances giving rise thereto, and (B) each Lender will promptly reimburse the sum Agent for its ratable share of such advance. The right and ability of the aggregate outstanding principal amount of Revolving Loans PLUS LOC Obligations PLUS Swingline Loans shall not exceed Agent to make Discretionary Over-Advances hereunder are subject to revocation by written notice to the Revolving Committed AmountAgent from the Required Lenders. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Base Rate Loans or Eurodollar Loans, or a combination thereof, as the Borrower Borrowers may request; PROVIDED, HOWEVER, that no more than 15 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof.
Appears in 2 contracts
Samples: Credit Agreement (Friedmans Inc), Credit Agreement (Friedmans Inc)
Revolving Commitment. Subject During the Commitment Period, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Revolving Lender severally agrees to make available revolving credit loans (“Revolving Loans”) to the Borrower from time to time for the purposes hereinafter set forth; provided, however, that (i) with regard to each Revolving Lender individually, the sum of such Revolving Lender's ’s share of outstanding Revolving Loans plus such Revolving Lender’s Revolving Commitment Percentage of revolving credit loans requested outstanding Swingline Loans plus such Revolving Lender’s Revolving Commitment Percentage of outstanding LOC Obligations (after giving effect to the concurrent reduction, if any, in outstanding Swingline Loans and/or outstanding LOC Obligations to be effected by application of the Borrower in Dollars ("REVOLVING LOANS"proceeds of Revolving Loans) from time to time from the Closing Date until the Maturity Date, or shall not exceed such earlier date as Revolving Lender’s Revolving Commitment Percentage of the Revolving Commitments shall have been terminated as provided herein; PROVIDEDCommitted Amount and (ii) with regard to the Revolving Lenders collectively, HOWEVER, that the sum of the aggregate outstanding principal amount of outstanding Revolving Loans plus outstanding Swingline Loans plus outstanding LOC Obligations (after giving effect to the concurrent reduction, if any, in outstanding Swingline Loans and/or outstanding LOC Obligations to be effected by application of the proceeds of Revolving Loans) shall not exceed the Revolving Committed Amount then in effect. For purposes hereof, the aggregate amount available hereunder shall be ONE HUNDRED TWENTY-FIVE MILLION DOLLARS ($100,000,000125,000,000) (as such aggregate maximum amount may be reduced from time to time as provided in Section 3.42.7, the "REVOLVING COMMITTED AMOUNT"); PROVIDED, FURTHER, (A) with regard to each Lender individually, such Lender's outstanding Revolving Loans shall not exceed such Lender's Revolving Commitment Percentage of the “Revolving Committed Amount, and (B) the sum of the aggregate outstanding principal amount of Revolving Loans PLUS LOC Obligations PLUS Swingline Loans shall not exceed the Revolving Committed Amount”). The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Alternate Base Rate Loans or Eurodollar LIBOR Rate Loans, or a combination thereof, as the Borrower may request; PROVIDED, HOWEVER, that no more than 15 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof; provided, however, the Revolving Loans made on the Closing Date and on the two Business Days immediately following the Closing Date shall bear interest at the Alternate Base Rate. LIBOR Rate Loans shall be made by each Revolving Lender at its LIBOR Lending Office and Alternate Base Rate Loans at its Domestic Lending Office.
Appears in 2 contracts
Samples: Credit Agreement (Nci Building Systems Inc), Credit Agreement (Nci Building Systems Inc)
Revolving Commitment. Subject During the Commitment Period, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Revolving Lender severally severally, but not jointly, agrees to make available revolving credit loans (“Revolving Loans”) to the Borrower such Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANS") from time to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDED, HOWEVER, that the sum of the in an aggregate outstanding principal amount of Revolving Loans shall not exceed ONE HUNDRED up to FORTY-FIVE MILLION DOLLARS ($100,000,00045,000,000) (as such aggregate maximum amount may be reduced from time to time as provided in Section 3.42.6, the "REVOLVING COMMITTED AMOUNT")“Revolving Committed Amount”) for the purposes hereinafter set forth; PROVIDEDprovided, FURTHERhowever, that (Ai) with regard to each Revolving Lender individually, the sum of such Revolving Lender's ’s Revolving Commitment Percentage of outstanding Revolving Loans plus such Revolving Lender’s Revolving Commitment Percentage of outstanding Swingline Loans plus such Revolving Lender’s Revolving Commitment Percentage of outstanding LOC Obligations shall not exceed such Revolving Lender's ’s Revolving Commitment Percentage of and (ii) with regard to the Revolving Committed AmountLenders collectively, and (B) the sum of the aggregate outstanding principal amount of Revolving Loans PLUS plus outstanding Swingline Loans plus outstanding LOC Obligations PLUS Swingline Loans shall not exceed the Revolving Committed Amount. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Alternate Base Rate Loans or Eurodollar LIBOR Rate Loans, or a combination thereof, as the Borrower may request; PROVIDED, HOWEVER, that no more than 15 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid or prepaid and reborrowed in accordance with the provisions hereof; provided, however, Revolving Loans made on the Closing Date or on any of the three (3) Business Days following the Closing Date may only consist of Alternate Base Rate Loans. LIBOR Rate Loans shall be made by each Revolving Lender at its LIBOR Lending Office and Alternate Base Rate Loans at its Domestic Lending Office.
Appears in 2 contracts
Samples: Credit Agreement (Orthofix International N V), Credit Agreement (Orthofix International N V)
Revolving Commitment. Subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth herein, each Each Lender severally with a Revolving Commitment agrees to make available to the Borrower such Lender's loans on a revolving basis (“Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANS"Loans”) from time to time from the Closing Date until the Maturity Termination Date in such Lender’s Pro Rata Share of such aggregate amounts as the Company may request from all Lenders; provided that the Revolving Outstandings will not at any time exceed Revolving Loan Availability. Each of the parties hereto acknowledges and agrees that the Revolving Outstandings on the Restatement Date are equal to $30,000,000 consisting of $25,000,000 outstanding Revolving Loans and $5,000,000 L/C Obligations (together, the "Outstanding Existing Revolving Loan Balance"); provided, that on the Restatement Date, or such earlier date the Company intends to repay all $25,000,000 of outstanding Revolving Loans. Each of the parties hereto further acknowledges and agrees that on the Restatement Date, the obligations of the Company with respect to the "Revolving Commitment" and "Revolving Loans" under the Existing Credit Agreement shall continue as the Revolving Commitments shall have been terminated as provided herein; PROVIDEDCommitment and the Revolving Loans, HOWEVERrespectively, that hereunder. On the sum Restatement Date, each Revolving Lender will make a Revolving Loan in an amount equal to its Pro Rata Share of the aggregate outstanding principal amount Outstanding Existing Revolving Loan Balance with the proceeds thereof being paid on a pro rata revolving basis, to the extent necessary to properly reflect their respective Revolving Commitments, to Lenders who were Revolving Lenders under the Existing Credit Agreement and who remain Revolving Lenders on and after the Restatement Date. Within the limits and provisions of Revolving Loans shall not exceed ONE HUNDRED MILLION DOLLARS ($100,000,000) (as this Agreement Company may make such aggregate maximum amount may be reduced from time to time as provided in Section 3.4borrowings, the "REVOLVING COMMITTED AMOUNT"); PROVIDED, FURTHER, (A) with regard to each Lender individually, repay such Lender's outstanding Revolving Loans shall not exceed such Lender's Revolving Commitment Percentage of the Revolving Committed Amountadvances, and (B) make additional borrowing under the sum of the aggregate outstanding principal amount of Revolving Loans PLUS LOC Obligations PLUS Swingline Loans shall not exceed the Revolving Committed Amount. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Base Rate Loans or Eurodollar Loans, or a combination thereof, as the Borrower may request; PROVIDED, HOWEVER, that no more than 15 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereofLoan.
Appears in 2 contracts
Samples: Credit Agreement (Titan International Inc), Credit Agreement (Titan International Inc)
Revolving Commitment. Subject During the Commitment Period, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Revolving Lender severally agrees to severally, but not jointly, shall make available revolving credit loans in Dollars (“Revolving Loans”) to the Borrower such Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANS") from time to time from in an aggregate principal amount not at any time exceeding the total of Revolving Commitments of all the Lenders, which amount on the Closing Date until the Maturity Dateshall equal ONE BILLION, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDED, HOWEVER, that the sum of the aggregate outstanding principal amount of Revolving Loans shall not exceed ONE THREE HUNDRED MILLION DOLLARS ($100,000,0001,300,000,000) (as increased from time to time as provided in Section 2.22 and as such aggregate maximum amount may be reduced from time to time as provided in Section 3.42.6, the "REVOLVING COMMITTED AMOUNT"“Revolving Committed Amount”) for the purposes hereinafter set forth (the “Revolving Facility”); PROVIDEDprovided, FURTHERhowever, that (Ai) with regard to each Revolving Lender individually, the sum of such Revolving Lender's outstanding Revolving Loans shall not exceed such Lender's ’s Revolving Commitment Percentage of the aggregate principal amount of outstanding Revolving Committed Amount, Loans plus such Revolving Lender’s Revolving Commitment Percentage of outstanding Swingline Loans plus such Revolving Lender’s Revolving Commitment Percentage of outstanding LOC Obligations shall not exceed such Revolving Lender’s Revolving Commitment and (Bii) with regard to the Revolving Lenders collectively, the sum of the aggregate outstanding principal amount of outstanding Revolving Loans PLUS plus the aggregate principal amount of outstanding Swingline Loans plus the aggregate principal amount of outstanding LOC Obligations PLUS Swingline Loans shall not exceed the Revolving Committed AmountAmount then in effect. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Alternate Base Rate Loans or Eurodollar LIBOR Rate Loans, or a combination thereof, as the Borrower may request; PROVIDED, HOWEVER, that no more than 15 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof; provided, however, the Revolving Loans made on the Closing Date or any of the three (3) Business Days following the Closing Date, may only consist of Alternate Base Rate Loans unless the Borrower delivers a funding indemnity letter, substantially in the form of Exhibit 2.1(a), reasonably acceptable to the Administrative Agent on or before the Closing Date, in which case LIBOR Rate Loans are available to the Borrower. LIBOR Rate Loans shall be made by each Revolving Lender at its LIBOR Lending Office and Alternate Base Rate Loans at its Domestic Lending Office.
Appears in 1 contract
Samples: Credit Agreement (Mednax, Inc.)
Revolving Commitment. Subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth herein, each Revolving Lender severally agrees to make available to the Borrower such Revolving Lender's Revolving ’s Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANS"“Revolving Loans”) from time to time from the Closing Date until the Revolving Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDEDprovided, HOWEVERhowever, that the sum of the aggregate outstanding principal amount of Revolving Loans shall not exceed ONE TWO HUNDRED SEVENTY-FIVE MILLION DOLLARS ($100,000,000275,000,000) (as such aggregate maximum amount may be increased in accordance with Section 2.7 or reduced from time to time as provided in Section 3.4, the "REVOLVING COMMITTED AMOUNT"“Revolving Committed Amount”); PROVIDEDprovided, FURTHERfurther, (A) with regard to each Revolving Lender individually, such Revolving Lender's outstanding ’s Revolving Loans Credit Exposure shall not exceed such Revolving Lender's ’s Revolving Commitment Percentage of the Revolving Committed AmountCommitment, and (B) the sum of the aggregate outstanding principal amount of Revolving Loans PLUS plus LOC Obligations PLUS plus Swingline Loans shall not exceed the Revolving Committed Amount. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Base Rate Loans or Eurodollar Loans, or a combination thereof, as the Borrower may request; PROVIDEDprovided, HOWEVERhowever, that no more than 15 six (6) Eurodollar Loans which are Revolving Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof.
Appears in 1 contract
Revolving Commitment. Subject During the Commitment Period, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Revolving Lender severally agrees to make available revolving credit loans ("Revolving Loans") to Borrower from time to time for the Borrower purposes hereinafter set forth; provided, however, that (i) with regard to each Revolving Lender individually, the sum of such Revolving Lender's share of outstanding Revolving Loans plus such Revolving Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars outstanding Swingline Loans plus such Revolving Lender's Revolving Commitment Percentage of outstanding LOC Obligations shall not exceed such Revolving Lender's Revolving Commitment and ("REVOLVING LOANS"ii) from time with regard to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDEDLenders collectively, HOWEVER, that the sum of the aggregate outstanding principal amount of outstanding Revolving Loans plus outstanding Swingline Loans plus outstanding LOC Obligations shall not exceed ONE HUNDRED the Revolving Committed Amount then in effect. For purposes hereof, the aggregate maximum amount available hereunder shall be FIFTY MILLION DOLLARS ($100,000,00050,000,000) (as such aggregate maximum amount may be reduced from time to time as provided in Section 3.42.7, the "REVOLVING COMMITTED AMOUNT"); PROVIDED, FURTHER, (A) with regard to each Lender individually, such Lender's outstanding Revolving Loans shall not exceed such Lender's Revolving Commitment Percentage of the Revolving Committed Amount, and (B) the sum of the aggregate outstanding principal amount of Revolving Loans PLUS LOC Obligations PLUS Swingline Loans shall not exceed the Revolving Committed Amount"). The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Alternate Base Rate Loans or Eurodollar LIBOR Rate Loans, or a combination thereof, as the Borrower may request; PROVIDED, HOWEVER, that no more than 15 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof. LIBOR Rate Loans shall be made by each Revolving Lender at its LIBOR Lending Office and Alternate Base Rate Loans at its Domestic Lending Office.
Appears in 1 contract
Revolving Commitment. Subject During the Commitment Period, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Revolving Lender severally severally, but not jointly, agrees to make available revolving credit loans (“Revolving Loans”) to the Borrower such Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANS") from time to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDED, HOWEVER, that the sum of the in an aggregate outstanding principal amount of Revolving Loans shall not exceed ONE HUNDRED up to FIFTEEN MILLION DOLLARS ($100,000,00015,000,000) (as such aggregate maximum amount may be reduced from time to time as provided in Section 3.42.6, the "REVOLVING COMMITTED AMOUNT")“Revolving Committed Amount”) for the purposes hereinafter set forth; PROVIDEDprovided, FURTHERhowever, that (Ai) with regard to each Revolving Lender individually, the sum of such Revolving Lender's ’s Commitment Percentage of the aggregate principal amount of outstanding Revolving Loans plus the aggregate principal amount of outstanding Swingline Loans plus LOC Obligations shall not exceed such Revolving Lender's ’s Revolving Commitment Percentage of and (ii) with regard to the Revolving Committed AmountLenders collectively, and (B) the sum of the aggregate outstanding principal amount of outstanding Revolving Loans PLUS plus the aggregate principal amount of outstanding Swingline Loans plus LOC Obligations PLUS Swingline Loans shall not exceed the Revolving Committed Amount. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Alternate Base Rate Loans or Eurodollar LIBOR Rate Loans, or a combination thereof, as the Borrower may request; PROVIDED, HOWEVER, that no more than 15 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof; provided, however, Revolving Loans made on the Closing Date or on any of the three (3) Business Days following the Closing Date may only consist of Alternate Base Rate Loans unless the Borrower delivers a funding indemnity letter to the Administrative Agent at least three (3) Business Days prior to the Closing Date. LIBOR Rate Loans shall be made by each Revolving Lender at its LIBOR Lending Office and Alternate Base Rate Loans at its Domestic Lending Office.
Appears in 1 contract
Revolving Commitment. Subject During the Commitment Period, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Revolving Lender severally agrees to severally, but not jointly, shall make available revolving credit loans in Dollars (“Revolving Loans”) to the Borrower such Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANS") from time to time from in an aggregate principal amount not at any time exceeding the total of Revolving Commitments of all the Lenders, which amount on the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDED, HOWEVER, that the sum of the aggregate outstanding principal amount of Revolving Loans shall not exceed ONE equal FIVE HUNDRED MILLION DOLLARS ($100,000,000500,000,000) (as increased from time to time as provided in Section 2.2 and as such aggregate maximum amount may be reduced from time to time as provided in Section 3.42.6, the "REVOLVING COMMITTED AMOUNT")“Revolving Committed Amount”) for the purposes hereinafter set forth; PROVIDEDprovided, FURTHERhowever, that (Ai) with regard to each Revolving Lender individually, the sum of such Revolving Lender's ’s Commitment Percentage of the aggregate principal amount of outstanding Revolving Loans plus such Revolving Lender’s Commitment Percentage of outstanding Swingline Loans plus such Revolving Lender’s Commitment Percentage of outstanding LOC Obligations shall not exceed such Revolving Lender's ’s Revolving Commitment Percentage of and (ii) with regard to the Revolving Committed AmountLenders collectively, and (B) the sum of the aggregate outstanding principal amount of outstanding Revolving Loans PLUS plus the aggregate principal amount of outstanding Swingline Loans plus the aggregate principal amount of outstanding LOC Obligations PLUS Swingline Loans shall not exceed the Revolving Committed AmountAmount then in effect. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Alternate Base Rate Loans or Eurodollar LIBOR Rate Loans, or a combination thereof, as the Borrower may request; PROVIDED, HOWEVER, that no more than 15 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof; provided, however, the Revolving Loans made on the Closing Date or any of the three (3) Business Days following the Closing Date, may only consist of Alternate Base Rate Loans unless the Borrower delivers a funding indemnity letter, substantially in the form of Exhibit 2.1(a), reasonably acceptable to the Administrative Agent on or before the Closing Date, in which case LIBOR Rate Loans are available to the Borrower. LIBOR Rate Loans shall be made by each Revolving Lender at its LIBOR Lending Office and Alternate Base Rate Loans at its Domestic Lending Office.
Appears in 1 contract
Samples: Credit Agreement (Mednax, Inc.)
Revolving Commitment. Subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinin this Agreement, each Lender of the Lenders severally agrees to make available lend to the Borrower, and Borrower such Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars may borrow ("REVOLVING LOANS"and repay and reborrow) from time to time from between the Closing Date until and the Maturity DateDate upon notice by Borrower to Agent given in accordance with §2.5, or such earlier date sums as are requested by Borrower for the purposes set forth in §2.7 up to a maximum aggregate principal amount outstanding (after giving effect to all amounts requested) at any one time equal to the lesser of (i) such Lender’s Revolving Commitments shall have been terminated as provided herein; PROVIDEDCommitment minus such Lender’s Percentage of Outstanding Swing Line Loans and Letters of Credit, HOWEVER, that the sum and (ii) such Lender’s Percentage of the aggregate Borrowing Base minus (A) such Lender’s Percentage of Outstanding Swing Line Loans and Letters of Credit, minus (B) such Lender’s Outstanding Term Loan minus (C) such Lender’s Percentage of the outstanding principal amount of the loans under the MGP/UPS Credit Facility; provided, that, in all events no Default or Event of Default shall have occurred and be continuing, or shall result therefrom. The Revolving Loans shall not exceed ONE HUNDRED MILLION DOLLARS ($100,000,000) (as such aggregate maximum amount may be reduced from time to time as provided in Section 3.4, the "REVOLVING COMMITTED AMOUNT"); PROVIDED, FURTHER, (A) with regard to each Lender individually, such Lender's outstanding Revolving Loans shall not exceed such Lender's Revolving Commitment Percentage of the Revolving Committed Amount, and (B) the sum of the aggregate outstanding principal amount of Revolving Loans PLUS LOC Obligations PLUS Swingline Loans shall not exceed the Revolving Committed Amount. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Base Rate Loans or Eurodollar Loans, or a combination thereof, as the Borrower may request; PROVIDED, HOWEVER, that no more than 15 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, made pro rata in accordance with the provisions hereof, be combined at the end of existing Interest Periods to each Lender’s Percentage. Each request for a Revolving Loan hereunder shall constitute a new Eurodollar Loan with a single Interest Period)representation and warranty by Borrower that all of the conditions set forth in §10 and §11, as applicable, have been satisfied on the date of such request. No Lender shall have any obligation to make Revolving Loans hereunder may be repaid and reborrowed to Borrower in accordance with the provisions hereofan aggregate principal amount outstanding which exceeds such Lender’s Revolving Commitment.
Appears in 1 contract
Samples: Revolving Credit Agreement (CorEnergy Infrastructure Trust, Inc.)
Revolving Commitment. Subject to the terms and conditions hereof of the Credit Agreement and in reliance upon the representations and warranties set forth hereinin the Credit Agreement, each Lender severally agrees to make available to the Borrower Xxxx such Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANSRevolving Loans") from time to time from the Closing Date until the Maturity Termination Date, or such earlier date as the Revolving Commitments shall have been terminated as provided hereinin the Credit Agreement for the purposes hereinafter set forth; PROVIDEDprovided further, HOWEVERhowever, that the sum of the aggregate outstanding principal amount of outstanding Revolving Loans shall not exceed ONE HUNDRED SEVENTY-FIVE MILLION DOLLARS ($100,000,000S75,000,000) (as such aggregate maximum amount may be reduced from time to time as provided in Section 3.4, the "REVOLVING COMMITTED AMOUNTRevolving Committed Amount"); PROVIDEDprovided, FURTHERfurther, (Ai) with regard to each Lender individually, such Lender's outstanding Revolving Loans shall not exceed such Lender's Revolving Commitment Percentage of the Revolving Committed Amount, and (Bii) with regard to the sum Lenders collectively, the aggregate principal amount of outstanding Revolving Loans plus Domestic LOC Obligations outstanding plus the aggregate principal amount of outstanding Competitive Loans plus the aggregate principal amount of outstanding Swingline Loans plus the Dollar Amount (as determined as of the most recent Determination Date) of the aggregate outstanding principal amount of Revolving outstanding Foreign Currency Loans PLUS plus the Dollar Amount (as determined as of the most recent Determination Date) of Foreign LOC Obligations PLUS Swingline Loans outstanding shall not exceed the Revolving Committed Amount. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Base Rate Loans or Eurodollar Loans, or a combination thereof, as the Borrower may request; PROVIDED, HOWEVER, that no more than 15 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof.Committed
Appears in 1 contract
Samples: Credit Agreement (Hunt Corp)
Revolving Commitment. Subject On the date on which any Drawing is requested (whether or not in an Optional Currency) under the Revolving Facility, the Facility Agent shall determine whether the aggregate of:
(a) the amount in Euro of that Drawing or, if denominated in an Optional Currency, the Euro Equivalent (determined as at or about 11:00 am 3 Business Days prior to the relevant Drawing Date) of that Drawing; and
(b) the Euro Equivalent (determined as at or about 11:00 am 3 Business Days prior to each respective original Drawing Date (the “original Drawing Date” in respect of those Letters of Credit and Lender Guarantees deemed issued on the terms and conditions hereof and in reliance upon the representations and warranties set forth herein, each Lender severally agrees to make available to the Borrower such Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANS") from time to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDED, HOWEVER, that the sum of the aggregate outstanding principal amount Bonding Side Letters being the date on which the respective Letters of Revolving Loans shall not exceed ONE HUNDRED MILLION DOLLARS ($100,000,000) (as such aggregate maximum amount may be reduced from time to time as provided in Section 3.4, the "REVOLVING COMMITTED AMOUNT"); PROVIDED, FURTHER, (A) with regard to each Credit or Lender individually, such Lender's outstanding Revolving Loans shall not exceed such Lender's Revolving Commitment Percentage of the Revolving Committed Amount, and (B) the sum of the aggregate outstanding principal amount of Revolving Loans PLUS LOC Obligations PLUS Swingline Loans shall not exceed the Revolving Committed Amount. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Base Rate Loans or Eurodollar Loans, or a combination thereof, as the Borrower may request; PROVIDED, HOWEVER, that no more than 15 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, Guarantees were deemed issued in accordance with the provisions hereofterms of the relevant Bonding Side Letter)) of each existing Revolving Advance , denominated in an Optional Currency which will be combined outstanding on the relevant Drawing Date; and
(c) each existing Revolving Advance, denominated in Euro which will be outstanding on the relevant Drawing Date; and
(d) subject to Clause 11.7 (Revaluation of Letters of Credit), the Euro Equivalent (determined as at or about 11:00 am 2 Business Days prior to each respective original Drawing Date) of the total Contingent Liability of all the Lenders under Letters of Credit and Lender Guarantees already issued under the Revolving Facility and denominated in Optional Currencies, which will be outstanding on the relevant Drawing Date; and
(e) the total Contingent Liability of all the Lenders under Letters of Credit and Lender Guarantees already issued under the Revolving Facility and denominated in Euro which will be outstanding on the relevant Drawing Date, exceeds the total amount of the Revolving Commitments as applicable of the Lenders, as reduced by the Ancillary Limits in the case of the Revolving Facility. In the event that the Commitments of the Lenders are so exceeded, at the end election of existing Interest Periods Bidco either (i) the requested Revolving Advance, Letter of Credit or Lender Guarantee shall be reduced by the amount by which the total Revolving Commitments of the Lenders are so exceeded or (ii) Bidco may, in respect of a Letter of Credit or Lender Guarantee, pay or procure the payment to constitute the credit of a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may Cash Collateral Account of an amount equal to the amount by which the Lenders' Commitments are so exceeded in which case the requested Letter of Credit or Lender Guarantee shall be repaid and reborrowed issued in accordance with the provisions hereoffull amount.
Appears in 1 contract
Samples: Loan Agreement (Elster Group SE)
Revolving Commitment. Subject During the Commitment Period, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Revolving Lender severally severally, but not jointly, agrees to make available to the Borrower such Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANSRevolving Loans") to the Borrower from time to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDED, HOWEVER, that the sum of the in an aggregate outstanding principal amount of Revolving Loans shall not exceed ONE up to FOUR HUNDRED TWENTY-FIVE MILLION DOLLARS ($100,000,000425,000,000) (as such aggregate maximum amount may be reduced from time to time as provided in Section 3.42.6, the "REVOLVING COMMITTED AMOUNTRevolving Committed Amount")) for the purposes hereinafter set forth; PROVIDEDprovided, FURTHERhowever, that (Ai) with regard to each Revolving Lender individually, the sum of such Lender's outstanding Revolving Loans shall not exceed such Lender's Revolving Commitment Percentage of the aggregate principal amount of outstanding Revolving Committed Amount, Loans plus such Revolving Lender's Revolving Commitment Percentage of outstanding Swingline Loans plus such Revolving Lender's Revolving Commitment Percentage of outstanding LOC Obligations shall not exceed such Revolving Lender's Revolving Commitment and (Bii) with regard to the Revolving Lenders collectively, the sum of the aggregate outstanding principal amount of outstanding Revolving Loans PLUS plus outstanding Swingline Loans plus outstanding LOC Obligations PLUS Swingline Loans shall not exceed the Revolving Committed AmountAmount then in effect. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Alternate Base Rate Loans or Eurodollar LIBOR Rate Loans, or a combination thereof, as the Borrower may request; PROVIDED, HOWEVER, that no more than 15 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof; provided, however, the Revolving Loans made on the Closing Date or any of the three (3) Business Days following the Closing Date, may only consist of Alternate Base Rate Loans unless the Borrower delivers a funding indemnity letter, substantially in the form of Exhibit 2.1(a), reasonably acceptable to the Administrative Agent not less than three (3) Business Days prior to the Closing Date; provided, further, that any such Alternate Base Rate Loans may be converted to LIBOR Rate Loans in accordance with Section 2.9. LIBOR Rate Loans shall be made by each Revolving Lender at its LIBOR Lending Office and Alternate Base Rate Loans at its Domestic Lending Office.
Appears in 1 contract
Revolving Commitment. Subject During the Commitment Period, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Revolving Lender severally agrees to make available to the Borrower from time to time such Revolving Lender's ’s Revolving Commitment Percentage of revolving credit loans requested by the Borrower (“Revolving Loans”) in Dollars ("REVOLVING LOANS") from time to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDED, HOWEVER, that the sum of the an aggregate outstanding principal amount of Revolving Loans shall not exceed up to ONE HUNDRED FIFTY MILLION DOLLARS ($100,000,000150,000,000) (as such aggregate maximum amount may be reduced from time to time as provided in Section 3.42.7, the "REVOLVING COMMITTED AMOUNT")“Revolving Committed Amount”) for the purposes hereinafter set forth; PROVIDEDprovided, FURTHERhowever, that (Ai) with regard to each Revolving Lender individually, the sum of such Revolving Lender's ’s share of outstanding Revolving Loans plus such Revolving Lender’s Revolving Commitment Percentage of outstanding Swingline Loans plus such Revolving Lender’s Revolving Commitment Percentage of LOC Obligations shall not exceed such Revolving Lender's Revolving Commitment Percentage of the ’s Revolving Committed Amount, and (Bii) with regard to the Revolving Lenders collectively, the sum of the aggregate outstanding principal amount of Revolving Loans PLUS plus outstanding Swingline Loans plus LOC Obligations PLUS Swingline Loans shall not exceed the Revolving Committed Amount. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Alternate Base Rate Loans or Eurodollar LIBOR Rate Loans, or a combination thereof, as the Borrower may request; PROVIDED, HOWEVER, that no more than 15 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof; provided that all Revolving Loans made on the Closing Date or on any of the first two Business Days following the Closing Date shall only consist of Alternate Base Rate Loans.
Appears in 1 contract
Samples: Credit Agreement (Pantry Inc)
Revolving Commitment. Subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth herein, each Lender severally agrees to make available to the Borrower such Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANS") from time to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided hereinherein for the purposes hereinafter set forth; PROVIDED, HOWEVER, that the sum of the aggregate outstanding principal amount of outstanding Revolving Loans shall not exceed ONE HUNDRED FORTY MILLION DOLLARS ($100,000,00040,000,000) (provided, that until the time that amounts outstanding under the loan agreement in connection with the Illinois IRB shall have been paid in full as set forth in Section 7.17, the aggregate principal amount of outstanding Revolving Loans shall not exceed $37,500,000), (as such aggregate maximum amount may be reduced from time to time as provided in Section 3.4, the "REVOLVING COMMITTED AMOUNT"); PROVIDED, FURTHER, (A) with regard to each Lender individually, such Lender's outstanding Revolving Loans shall not exceed such Lender's Revolving Commitment Percentage of the Revolving Committed Amount, and (B) the sum of the aggregate outstanding principal amount of outstanding Revolving Loans PLUS LOC Obligations PLUS outstanding Swingline Loans outstanding shall not exceed the Revolving Committed Amount. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Base Rate Loans or Eurodollar Loans, or a combination thereof, as the Borrower may request, and may be repaid and reborrowed in accordance with the provisions hereof; PROVIDED, HOWEVER, that no more than 15 10 Eurodollar Loans shall be outstanding hereunder in the aggregate under this Credit Agreement at any time (it being understood that, for time. For purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof.
Appears in 1 contract
Samples: Credit Agreement (Tripoint Global Communications Inc)
Revolving Commitment. Subject During the Commitment Period, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Revolving Lender severally agrees to make available to the Borrower such Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars and in Foreign Currencies ("REVOLVING LOANS"the “Revolving Loans”) to the Borrowers from time to time from in an aggregate principal Dollar Amount (determined as of the Closing Date until most recent Revaluation Date) equal to its Revolving Commitment for the Maturity Datepurposes hereinafter set forth; provided, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDED, HOWEVERhowever, that (i) with regard to each Revolving Lender individually, the sum of the aggregate principal Dollar Amount of such Revolving Lender’s outstanding principal amount of Revolving Loans plus such Revolving Lender’s Revolving Commitment Percentage of outstanding Swingline Loans plus such Revolving Lender’s Revolving Commitment Percentage of LOC Obligations shall not exceed ONE HUNDRED MILLION DOLLARS ($100,000,000) (as such aggregate maximum amount may be reduced from time to time as provided in Section 3.4, the "REVOLVING COMMITTED AMOUNT"); PROVIDED, FURTHERRevolving Lender’s Revolving Commitment, (Aii) with regard to each Lender individually, such Lender's outstanding Revolving Loans shall not exceed such Lender's Revolving Commitment Percentage of the Revolving Committed AmountLenders collectively, and (B) the sum of the aggregate principal Dollar Amount (determined as of the most recent Revaluation Date) of outstanding principal amount of Revolving Loans PLUS plus outstanding Swingline Loans plus outstanding LOC Obligations PLUS Swingline Loans shall not exceed the Revolving Committed Amount. The initial advance Amount then in effect, (iii) the aggregate principal Dollar Amount (determined as of the most recent Revaluation Date) of outstanding Revolving Loans on that are Foreign Currency Loans, plus outstanding LOC Obligations with respect to Letters of Credit denominated in a Foreign Currency, shall not exceed $25,000,000 and (iv) the Closing Date shall consist solely aggregate principal Dollar Amount of Base Rate LoansRevolving Loans outstanding to the Foreign Borrower not exceed $15,000,000. Thereafter, Revolving Loans may consist of Alternate Base Rate Loans or Eurodollar LIBOR Rate Loans, or a combination thereof, as the Borrower Company may request; PROVIDED, HOWEVER, that no more than 15 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof; provided, however, Revolving Loans made on the Closing Date or any of the three Business Days following the Closing Date may only consist of Alternate Base Rate Loans unless the Company delivers a Funding Indemnity Letter to the Administrative Agent at least three Business Days (with respect to Revolving Loans denominated in Dollars) or four Business Days (with respect to Revolving Loans denominated in Foreign Currencies) prior to the Closing Date. Revolving Loans that are Foreign Currency Loans shall consist only of LIBOR Rate Loans.
Appears in 1 contract
Samples: Credit Agreement (Lionbridge Technologies Inc /De/)
Revolving Commitment. Subject During the Commitment Period, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Revolving Lender severally agrees to make available to the Borrower such Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars and in Foreign Currencies ("REVOLVING LOANS"the “Revolving Loans”) to the Borrowers from time to time from in an aggregate principal Dollar Amount (determined as of the Closing Date until most recent Revaluation Date) equal to its Revolving Commitment for the Maturity Datepurposes hereinafter set forth; provided, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDED, HOWEVERhowever, that (i) with regard to each Revolving Lender individually, the sum of the aggregate principal Dollar Amount of such Revolving Lender’s outstanding principal amount of Revolving Loans plus such Revolving Lender’s Revolving Commitment Percentage of outstanding Swingline Loans plus such Revolving Lender’s Revolving Commitment Percentage of LOC Obligations shall not exceed ONE HUNDRED MILLION DOLLARS such Revolving Lender’s Revolving Commitment and ($100,000,000) (as such aggregate maximum amount may be reduced from time to time as provided in Section 3.4, the "REVOLVING COMMITTED AMOUNT"); PROVIDED, FURTHER, (Aii) with regard to each Lender individually, such Lender's outstanding Revolving Loans shall not exceed such Lender's Revolving Commitment Percentage of the Revolving Committed AmountLenders collectively, and (B) the sum of the aggregate principal Dollar Amount (determined as of the most recent Revaluation Date) of outstanding principal amount of Revolving Loans PLUS plus outstanding Swingline Loans plus outstanding LOC Obligations PLUS Swingline Loans shall not exceed the Revolving Committed AmountAmount then in effect. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Alternate Base Rate Loans or Eurodollar LIBOR Rate Loans, or a combination thereof, as the Borrower Company may request; PROVIDED, HOWEVER, that no more than 15 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof; provided, however, Revolving Loans made on the Closing Date or any of the three Business Days following the Closing Date may only consist of Alternate Base Rate Loans unless the Company delivers a Funding Indemnity Letter to the Administrative Agent at least three Business Days (with respect to Revolving Loans denominated in Dollars) or four Business Days (with respect to Revolving Loans denominated in Foreign Currencies) prior to the Closing Date. Revolving Loans that are Foreign Currency Loans shall consist only of LIBOR Rate Loans.
Appears in 1 contract
Samples: Credit Agreement (Lionbridge Technologies Inc /De/)
Revolving Commitment. Subject During the Commitment Period, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Revolving Lender severally severally, but not jointly, agrees to make available revolving credit loans in Dollars (“Revolving Loans”) to the Borrower such Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANS") from time to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDED, HOWEVER, that the sum of the in an aggregate outstanding principal amount of Revolving Loans shall not exceed ONE HUNDRED up to FIFTEEN MILLION DOLLARS ($100,000,00015,000,000) (as such aggregate maximum amount may be reduced from time to time as provided in Section 3.42.6, the "REVOLVING COMMITTED AMOUNT"“Revolving Committed Amount”) for the purposes hereinafter set forth (such facility, the “Revolving Facility”); PROVIDEDprovided, FURTHERhowever, that (Ai) with regard to each Revolving Lender individually, the sum of such Revolving Lender's outstanding Revolving Loans shall not exceed such Lender's ’s Revolving Commitment Percentage of the aggregate principal amount of outstanding Revolving Committed Amount, Loans plus such Revolving Lender’s Revolving Commitment Percentage of outstanding Swingline Loans plus such Revolving Lender’s Revolving Commitment Percentage of outstanding LOC Obligations shall not exceed such Revolving Lender’s Revolving Commitment and (Bii) with regard to the Revolving Lenders collectively, the sum of the aggregate outstanding principal amount of outstanding Revolving Loans PLUS plus outstanding Swingline Loans plus outstanding LOC Obligations PLUS Swingline Loans shall not exceed the Revolving Committed AmountAmount then in effect. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Alternate Base Rate Loans or Eurodollar LIBOR Rate Loans, or a combination thereof, as the Borrower may request; PROVIDED, HOWEVER, that no more than 15 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof. LIBOR Rate Loans shall be made by each Revolving Lender at its LIBOR Lending Office and Alternate Base Rate Loans at its Domestic Lending Office.
Appears in 1 contract
Samples: Credit Agreement (Fluent, Inc.)
Revolving Commitment. (a) Subject to the terms and conditions hereof and in reliance upon hereof, the representations and warranties set forth herein, each Lender severally Bank agrees to make available revolving credit loans to the Borrower such Lender's (the "Revolving Commitment Percentage Credit Loans") and issue Letters of revolving credit loans requested by Credit for the account of the Borrower in Dollars ("REVOLVING LOANS") from time to time from the Closing Date until the Maturity Date, or such earlier date as during the Revolving Commitments shall have been terminated as provided hereinCommitment Period; PROVIDEDprovided, HOWEVERthat, that the sum after giving immediate effect to such Revolving Credit Loan(s) and/or Letter(s) of the aggregate outstanding principal amount of Revolving Loans shall not exceed ONE HUNDRED MILLION DOLLARS ($100,000,000) (as such aggregate maximum amount may be reduced from time to time as provided in Section 3.4, the "REVOLVING COMMITTED AMOUNT"); PROVIDED, FURTHERCredit, (Ai) with regard to each Lender individually, such Lender's outstanding Revolving Loans shall not exceed such Lender's Revolving Commitment Percentage of the Revolving Committed Amount, and (B) the sum of the aggregate outstanding principal amount of Revolving Loans PLUS LOC Obligations PLUS Swingline Loans Credit Exposure shall not exceed the Revolving Committed Amount. The initial advance lesser of (x) the Revolving Loans on Commitment or (y) the Closing Date Borrowing Base and (ii) the LC Exposure shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Base Rate Loans or Eurodollar Loans, or a combination thereofnot exceed the LC Sublimit, as such amounts may be reduced as provided in this Agreement. During the Revolving Commitment Period the Borrower may request; PROVIDEDuse the Revolving Commitment (i) for obtaining Revolving Credit Loans by borrowing, HOWEVERprepaying in whole or in part and reborrowing on a revolving basis, that no more than 15 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, all in accordance with the provisions hereofterms and conditions hereof and (ii) for the issuance of Letters of Credit by the issuance, be combined at the end of existing Interest Periods to constitute repayment and/or termination in whole or in part and reissuance on a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed revolving basis, all in accordance with the provisions terms and conditions hereof. Within the limits as set forth above in this Section 2.1(a), and subject to the other terms and conditions hereof, the Borrower may borrow under this Section 2. 1(a), prepay under Section 2.10(a), and reborrow under this Section 2.1(a). Revolving Credit Loans may be Fluctuating Rate Loans or LIBOR Loans, as further provided herein.
(b) The Borrower shall repay to the Bank on the Maturity Date the aggregate principal amount of all Revolving Credit Loans outstanding on such date
Appears in 1 contract
Revolving Commitment. Subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth herein, each Lender severally agrees to make available to the Borrower such Lender's ’s Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANS"“Revolving Loans”) from time to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDEDprovided, HOWEVERhowever, that the sum of the aggregate outstanding principal amount of Revolving Loans shall not exceed ONE HUNDRED the lesser of (i) FIFTEEN MILLION DOLLARS ($100,000,00015,000,000) (as such aggregate maximum amount may be reduced from time to time as provided in Section 3.4, the "REVOLVING COMMITTED AMOUNT")“Revolving Committed Amount”) and (ii) the Borrowing Base; PROVIDEDprovided, FURTHERfurther, (A) with regard to each Lender individually, such Lender's ’s outstanding Revolving Loans shall not exceed such Lender's ’s Revolving Commitment Percentage of the Revolving Committed Amount, and (B) the sum of the aggregate outstanding principal amount of Revolving Loans PLUS plus LOC Obligations PLUS plus Swingline Loans shall not exceed the lesser of (1) the Revolving Committed AmountAmount and (2) the Borrowing Base. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Base Rate Loans or Eurodollar Loans, or a combination thereof, as the Borrower may request; PROVIDEDprovided, HOWEVERhowever, that no more than 15 five (5) Eurodollar Loans which are Revolving Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof.
Appears in 1 contract
Samples: Credit Agreement (Healthtronics Surgical Services Inc)
Revolving Commitment. Subject During the Commitment Period, -------------------- subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Lender severally agrees to make available revolving credit loans ("Revolving Loans") to the --------------- Borrower from time to time for the purposes hereinafter set forth; provided, however, that (i) with regard to each Lender -------- ------- individually, the sum of such Lender's share of outstanding Revolving Loans plus such Lender's Revolving Commitment Percentage ---- of Swingline Loans shall not exceed such Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars aggregate Revolving Committed Amount, and ("REVOLVING LOANS"ii) from time with regard to time from the Closing Date until the Maturity DateLenders collectively, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDED, HOWEVER, that the sum of the aggregate outstanding principal amount of outstanding Revolving Loans plus Swingline ---- Loans shall not exceed ONE HUNDRED the Revolving Committed Amount. For purposes hereof, the aggregate amount available hereunder shall be EIGHTY-FIVE MILLION DOLLARS ($100,000,00085,000,000) (as such aggregate maximum amount may be reduced from time to time as provided in Section 3.42.6, the "REVOLVING COMMITTED AMOUNT"); PROVIDED, FURTHER, (A) with regard to each Lender individually, such Lender's outstanding Revolving Loans shall not exceed such Lender's Revolving Commitment Percentage of the Revolving Committed Amount, and (B) the sum of the aggregate outstanding principal amount of Revolving Loans PLUS LOC Obligations PLUS Swingline Loans shall not exceed the Revolving Committed Amount"). The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may -------------------------- consist of Alternate Base Rate Loans or Eurodollar LIBOR Rate Loans, or a combination thereof, as the Borrower may request; PROVIDED, HOWEVER, that no more than 15 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof. LIBOR Rate Loans shall be made by each Lender at its LIBOR Lending Office and Alternate Base Rate Loans at its Domestic Lending Office.
Appears in 1 contract
Revolving Commitment. Subject During the Commitment Period, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Revolving Lender severally severally, but not jointly, agrees to make available to the Borrower such Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANS"“Revolving Loans”) to the Borrowers from time to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDED, HOWEVER, that the sum of the in an aggregate outstanding principal amount of Revolving Loans shall not exceed ONE up to THREE HUNDRED MILLION DOLLARS ($100,000,000300,000,000) (as such aggregate maximum amount may be reduced from time to time as provided in Section 3.42.4, the "REVOLVING COMMITTED AMOUNT")“Revolving Committed Amount”) for the purposes hereinafter set forth; PROVIDEDprovided, FURTHERhowever, that (Ai) with regard to each Revolving Lender individually, the sum of such Revolving Lender's ’s Revolving Commitment Percentage of the aggregate principal amount of outstanding Revolving Loans shall not exceed such Revolving Lender's ’s Revolving Commitment Percentage of and with regard to the Revolving Committed AmountLenders collectively, and (B) the sum of the aggregate outstanding principal amount of outstanding Revolving Loans PLUS LOC Obligations PLUS Swingline Loans shall not exceed the Revolving Committed Amount. The initial advance Amount then in effect and (ii) the sum of the aggregate principal amount of outstanding Revolving Loans on shall not exceed the Closing Date Available Borrowing Capacity. No Revolving Loan shall consist solely be made by any Revolving Lender if (i) such Revolving Loan and the Revolving Loan Collateral therefor are not approved by the Administrative Agent in its discretion, (ii) before or after giving effect to such Revolving Loan, the Availability is or would be negative, (iii) before or after giving effect to such Revolving Loan, the aggregate principal amount of Base Rate Loansoutstanding Revolving Loans would exceed the Available Borrowing Capacity and (iv) the conditions to Extensions of Credit in Section 4.2 are not satisfied. Thereafter, Revolving Loans may consist of Alternate Base Rate Loans or Eurodollar LIBOR Rate Loans, or a combination thereof, as the Borrower Borrowers may request; PROVIDED, HOWEVER, that no more than 15 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof; provided, however, the Revolving Loans made on the Closing Date or any of the three (3) Business Days following the Closing Date, may only consist of Alternate Base Rate Loans unless the Borrowers deliver a funding indemnity letter, substantially in the form of Exhibit 2.1(a), reasonably acceptable to the Administrative Agent not less than three (3) Business Days prior to the Closing Date. LIBOR Rate Loans shall be made by each Revolving Lender at its LIBOR Lending Office and Alternate Base Rate Loans at its Domestic Lending Office.
Appears in 1 contract
Samples: Credit Agreement (Northstar Realty)
Revolving Commitment. Subject During the Commitment Period, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Revolving Lender severally severally, but not jointly, agrees to make available revolving credit loans in Dollars (“Revolving Loans”) to the Borrower such Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANS") from time to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDED, HOWEVER, that the sum of the in an aggregate outstanding principal amount of Revolving Loans shall not exceed ONE up to FIVE HUNDRED THIRTY-FIVE MILLION DOLLARS ($100,000,000535,000,000) (as increased from time to time as provided in Section 2.1(f) and as such aggregate maximum amount may be reduced from time to time as provided in Section 3.42.6, the "REVOLVING COMMITTED AMOUNT")“Revolving Committed Amount”) for the purposes hereinafter set forth; PROVIDEDprovided, FURTHERhowever, that (Ai) with regard to each Revolving Lender individually, the sum of such Revolving Lender's ’s Commitment Percentage of the aggregate principal amount of outstanding Revolving Loans plus such Revolving Lender’s Commitment Percentage of outstanding Swingline Loans plus such Revolving Lender’s Commitment Percentage of outstanding LOC Obligations shall not exceed such Revolving Lender's ’s Revolving Commitment Percentage of and (ii) with regard to the Revolving Committed AmountLenders collectively, and (B) the sum of the aggregate outstanding principal amount of outstanding Revolving Loans PLUS plus outstanding Swingline Loans plus outstanding LOC Obligations PLUS Swingline Loans shall not exceed the Revolving Committed AmountAmount then in effect. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Alternate Base Rate Loans or Eurodollar LIBOR Rate Loans, or a combination thereof, as the Borrower may request; PROVIDED, HOWEVER, that no more than 15 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof; provided, however, the Revolving Loans made on the Closing Date or any of the three (3) Business Days following the Closing Date, may only consist of Alternate Base Rate Loans unless the Borrower delivers a funding indemnity letter, substantially in the form of Exhibit 2.1(a), reasonably acceptable to the Administrative Agent not less than three (3) Business Days prior to the Closing Date. LIBOR Rate Loans shall be made by each Revolving Lender at its LIBOR Lending Office and Alternate Base Rate Loans at its Domestic Lending Office.
Appears in 1 contract
Samples: Credit Agreement (Osi Systems Inc)
Revolving Commitment. Subject During the Commitment Period, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Revolving Lender severally severally, but not jointly, agrees to make available revolving credit loans in Dollars (“Revolving Loans”) to the Borrower such Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANS") from time to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDED, HOWEVER, that the sum of the in an aggregate outstanding principal amount of Revolving Loans shall not exceed ONE up to FOUR HUNDRED FIFTY MILLION DOLLARS ($100,000,000450,000,000) (as increased from time to time as provided in Section 2.1(f) and as such aggregate maximum amount may be reduced from time to time as provided in Section 3.42.6, the "REVOLVING COMMITTED AMOUNT")“Revolving Committed Amount”) for the purposes hereinafter set forth; PROVIDEDprovided, FURTHERhowever, that (Ai) with regard to each Revolving Lender individually, the sum of such Revolving Lender's ’s Commitment Percentage of the aggregate principal amount of outstanding Revolving Loans plus such Revolving Lender’s Commitment Percentage of outstanding Swingline Loans plus such Revolving Lender’s Commitment Percentage of outstanding LOC Obligations shall not exceed such Revolving Lender's ’s Revolving Commitment Percentage of and (ii) with regard to the Revolving Committed AmountLenders collectively, and (B) the sum of the aggregate outstanding principal amount of outstanding Revolving Loans PLUS plus outstanding Swingline Loans plus outstanding LOC Obligations PLUS Swingline Loans shall not exceed the Revolving Committed AmountAmount then in effect. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Alternate Base Rate Loans or Eurodollar LIBOR Rate Loans, or a combination thereof, as the Borrower may request; PROVIDED, HOWEVER, that no more than 15 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof; provided, however, the Revolving Loans made on the Closing Date or any of the three (3) Business Days following the Closing Date, may only consist of Alternate Base Rate Loans unless the Borrower delivers a funding indemnity letter, substantially in the form of Exhibit 2.1(a), reasonably acceptable to the Administrative Agent not less than three (3) Business Days prior to the Closing Date. LIBOR Rate Loans shall be made by each Revolving Lender at its LIBOR Lending Office and Alternate Base Rate Loans at its Domestic Lending Office.
Appears in 1 contract
Samples: Credit Agreement (Osi Systems Inc)
Revolving Commitment. Subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth herein, each Lender severally agrees to make available to the Borrower such Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANSRevolving Loans") from time to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided hereinherein for the purposes hereinafter set forth; PROVIDEDprovided, HOWEVERhowever, that the sum of the aggregate outstanding principal amount of outstanding Revolving Loans shall not exceed ONE HUNDRED TWENTY MILLION DOLLARS ($100,000,00020,000,000.00) (as such aggregate maximum amount may be reduced from time to time as provided in Section 3.4, the "REVOLVING COMMITTED AMOUNTRevolving Committed Amount"); PROVIDEDprovided, FURTHERfurther, (A) with regard respect to each Lender individuallyindividual Lender, such the Lender's pro rata share of outstanding Revolving Loans plus its pro rata share of outstanding LOC Obligations shall not exceed such Lender's Revolving Commitment Percentage of the Revolving Committed Amount., and (B) the sum of the aggregate outstanding principal amount of outstanding Revolving Loans PLUS plus LOC Obligations PLUS Swingline Loans outstanding shall not exceed the lesser of (1) the Revolving Committed AmountAmount and (2) the Borrowing Base. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Base Rate Loans or Eurodollar Loans, or a combination thereof, as the Borrower may request, and may be repaid and reborrowed in accordance with the provisions hereof; PROVIDEDprovided, HOWEVERhowever, that no more than 15 5 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for time. For purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof.
Appears in 1 contract
Samples: Credit Agreement (Delta Woodside Industries Inc /Sc/)
Revolving Commitment. Subject During the Commitment Period, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Revolving Lender severally severally, but not jointly, agrees to make available revolving credit loans in Dollars (“Revolving Loans”) to the Borrower such Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANS") from time to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDED, HOWEVER, that the sum of the in an aggregate outstanding principal amount of Revolving Loans shall not exceed ONE HUNDRED up to FORTY MILLION DOLLARS ($100,000,00040,000,000) (as increased from time to time as provided in Section 2.22 and as such aggregate maximum amount may be reduced from time to time as provided in Section 3.42.6, the "REVOLVING COMMITTED AMOUNT"“Revolving Committed Amount”) for the purposes hereinafter set forth (such facility, the “Revolving Facility”); PROVIDEDprovided, FURTHERhowever, that (Ai) with regard to each Revolving Lender individually, the sum of such Revolving Lender's outstanding Revolving Loans shall not exceed such Lender's ’s Revolving Commitment Percentage of the aggregate principal amount of outstanding Revolving Committed Amount, Loans plus such Revolving Lender’s Revolving Commitment Percentage of outstanding Swingline Loans plus such Revolving Lender’s Revolving Commitment Percentage of outstanding LOC Obligations shall not exceed such Revolving Lender’s Revolving Commitment and (Bii) with regard to the Revolving Lenders collectively, the sum of the aggregate outstanding principal amount of outstanding Revolving Loans PLUS plus outstanding Swingline Loans plus outstanding LOC Obligations PLUS Swingline Loans shall not exceed the Revolving Committed AmountAmount then in effect. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Alternate Base Rate Loans or Eurodollar LIBOR Rate Loans, or a combination thereof, as the Borrower may request; PROVIDED, HOWEVER, that no more than 15 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof; provided, however, the Revolving Loans made on the Closing Date may only consist of Alternate Base Rate Loans unless the Borrower delivers a funding indemnity letter, substantially in the form of Exhibit 2.1(a), reasonably acceptable to the Administrative Agent not less than one (1) Business Day prior to the Closing Date. LIBOR Rate Loans shall be made by each Revolving Lender at its LIBOR Lending Office and Alternate Base Rate Loans at its Domestic Lending Office.
Appears in 1 contract
Revolving Commitment. Subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth herein, each Revolving Lender severally agrees to make available to the Borrower such Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANSRevolving Loans") to the Borrowers from time to time from the Closing Date until the Maturity Termination Date, or such earlier date as the Revolving Commitments shall have been terminated as provided hereinherein for the purposes hereinafter set forth; PROVIDEDprovided, HOWEVERhowever, that the sum of the aggregate outstanding principal amount of outstanding Revolving Loans shall not exceed ONE the Revolving Committed Amount and; provided, further, (i) with regard to each Revolving Lender individually, such Revolving Lender's share of outstanding Revolving Loans shall not exceed such Revolving Lender's Revolving Commitment Percentage of the Revolving Committed Amount, (ii) with regard to the Revolving Lenders collectively, the aggregate principal amount of outstanding Revolving Obligations shall no exceed TWO HUNDRED TWENTY MILLION DOLLARS ($100,000,000220,000,000) (as such aggregate maximum amount may be reduced from time to time as provided in Section 3.4, the "REVOLVING COMMITTED AMOUNTRevolving Committed Amount"); PROVIDED, FURTHER, ) and (Aiii) with regard to each Lender individuallythe Revolving Lenders collectively, such Lender's outstanding Revolving Loans shall not exceed such Lender's Revolving Commitment Percentage the aggregate principal amount of the Revolving Committed Amount, and (B) the sum of the aggregate outstanding principal amount of Revolving Loans PLUS LOC Obligations PLUS Swingline Loans shall not exceed the Revolving Committed Amount. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Base Rate Loans or Eurodollar Loans, or a combination thereof, as the Borrower Borrowers may request, and may be repaid and reborrowed in accordance with the provisions hereof; PROVIDEDprovided, HOWEVERhowever, that no more than 15 six Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for time. For purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same datedate and have the same duration, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof.
Appears in 1 contract
Revolving Commitment. Subject During the Commitment Period, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Revolving Lender severally severally, but not jointly, agrees to make available to the Borrower such Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANS"“Revolving Loans”) to the Borrowers from time to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDED, HOWEVER, that the sum of the in an aggregate outstanding principal amount of Revolving Loans shall not exceed ONE up to FOUR HUNDRED FIFTY MILLION DOLLARS ($100,000,000450,000,000) (as increased from time to time as provided in Section 2.22 and as such aggregate maximum amount may be reduced from time to time as provided in Section 3.42.6, the "REVOLVING COMMITTED AMOUNT"“Revolving Committed Amount”) for the purposes hereinafter set forth (such facility, the “Revolving Facility”); PROVIDEDprovided, FURTHERhowever, that (Ai) with regard to each Revolving Lender individually, the sum of such Revolving Lender's outstanding Revolving Loans shall not exceed such Lender's ’s Revolving Commitment Percentage of the aggregate principal amount of outstanding Revolving Committed Amount, Loans plus such Revolving Lender’s Revolving Commitment Percentage of outstanding Swingline Loans plus such Revolving Lender’s Revolving Commitment Percentage of outstanding LOC Obligations shall not exceed such Revolving Lender’s Revolving Commitment and (Bii) with regard to the Revolving Lenders collectively, the sum of the aggregate outstanding principal amount of outstanding Revolving Loans PLUS plus outstanding Swingline Loans plus outstanding LOC Obligations PLUS Swingline Loans shall not exceed the Revolving Committed AmountAmount then in effect. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Alternate Base Rate Loans or Eurodollar LIBOR Rate Loans, or a combination thereof, as the applicable Borrower may request; PROVIDED, HOWEVER, that no more than 15 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof; provided, however, the Revolving Loans made on the Closing Date or any of the three (3) Business Days following the Closing Date, may only consist of Alternate Base Rate Loans unless the Borrowers deliver a funding indemnity letter, substantially in the form of Exhibit 2.1(a), reasonably acceptable to the Administrative Agent not less than three (3) Business Days prior to the Closing Date. LIBOR Rate Loans shall be made by each Revolving Lender at its LIBOR Lending Office and Alternate Base Rate Loans at its Domestic Lending Office.
Appears in 1 contract
Revolving Commitment. Subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth herein, each Lender severally agrees to make available to the Borrower such Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANSRevolving Loans") from time to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDEDprovided, HOWEVERhowever, that the sum of the aggregate outstanding principal amount of Revolving Loans plus the aggregate amount of Swingline Loans outstanding plus the outstanding LOC Obligations shall not exceed ONE TWO HUNDRED FIFTY MILLION DOLLARS ($100,000,000250,000,000) (as such aggregate maximum amount may be reduced from time to time as provided in Section 3.4, the "REVOLVING COMMITTED AMOUNTRevolving Committed Amount"); PROVIDEDprovided, FURTHERfurther, (A) with regard to each Lender individually, such Lender's outstanding Revolving Loans plus its Participation Interests in Swingline Loans and LOC Obligations shall not exceed such Lender's Revolving Commitment Percentage of the Revolving Committed Amount, and (B) the sum of the aggregate outstanding principal amount of Revolving Loans PLUS LOC Obligations PLUS Swingline Loans shall not exceed the Revolving Committed Amount. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Base Rate Loans or Eurodollar Loans, or a combination thereof, as the Borrower may request; PROVIDEDprovided, HOWEVERhowever, that no more than 15 six (6) Eurodollar Loans which are Revolving Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof.
Appears in 1 contract
Samples: Credit Agreement (Longview Fibre Co)
Revolving Commitment. Subject to During the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinCommitment Period, each Revolving Lender severally agrees to make available revolving credit loans (the "Committed Revolving Loans") in Dollars and in Available Foreign Currencies on any Business Day to the Borrowers; provided that (i) with respect to each Borrower, the aggregate principal amount of Revolving Obligations owing by such Borrower shall not exceed its Designated Borrowing Limit, (ii) with respect to the Revolving Lenders collectively, (A) the aggregate principal amount of Revolving Obligations shall not exceed FIVE HUNDRED MILLION DOLLARS ($500,000,000) (as such amount may be decreased in accordance with the provisions hereof, the "Aggregate Revolving Committed Amount") and (B) the aggregate principal amount of Revolving Obligations in Foreign Currencies shall not exceed THREE HUNDRED MILLION DOLLARS ($300,000,000) (as such amount may be decreased in accordance with the provisions hereof, the "Aggregate Foreign Revolving Committed Amount"), and (iii) with respect to each Revolving Lender individually, such Revolving Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANS") from time to time from the Closing Date until the Maturity Date, or such earlier date as the Committed Revolving Commitments shall have been terminated as provided herein; PROVIDED, HOWEVER, that the sum of the aggregate outstanding principal amount of Revolving Loans Obligations shall not exceed ONE HUNDRED MILLION DOLLARS ($100,000,000) (as such aggregate maximum amount may be reduced from time to time as provided in Section 3.4, the "REVOLVING COMMITTED AMOUNT"); PROVIDED, FURTHER, (A) with regard to each Lender individually, such Lender's outstanding Revolving Loans shall not exceed such Lender's Revolving Commitment Percentage of the Revolving Committed Amount, and (B) the sum of the aggregate outstanding principal amount of Revolving Loans PLUS LOC Obligations PLUS Swingline Loans shall not exceed the its respective Revolving Committed Amount. The initial advance of the Committed Revolving Loans on the Closing Date shall consist solely may be comprised of Base Rate Loans. Thereafter, Revolving Loans may consist of Base Eurocurrency Rate Loans or Eurodollar Loans, or a combination thereof, as the respective Borrower may request; PROVIDED, HOWEVER, that no more than 15 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions request and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof.
Appears in 1 contract
Samples: Credit Agreement (Fresenius Medical Care Holdings Inc /Ny/)
Revolving Commitment. Subject During the Commitment Period, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Revolving Lender severally agrees to make available to the Borrower such Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars and in Foreign Currencies ("REVOLVING LOANS"the “Revolving Loans”) to the Borrowers from time to time from in an aggregate principal Dollar Amount (determined as of the Closing Date until most recent Revaluation Date) equal to its Revolving Commitment for the Maturity Datepurposes hereinafter set forth; provided, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDED, HOWEVERhowever, that (i) with regard to each Revolving Lender individually, the sum of the aggregate principal Dollar Amount of such Revolving Lender’s outstanding principal amount of Revolving Loans plus such Revolving Lender’s Revolving Commitment Percentage of outstanding Swingline Loans plus such Revolving Lender’s Revolving Commitment Percentage of LOC Obligations shall not exceed ONE HUNDRED MILLION DOLLARS ($100,000,000) (as such aggregate maximum amount may be reduced from time to time as provided in Section 3.4, the "REVOLVING COMMITTED AMOUNT"); PROVIDED, FURTHERRevolving Lender’s Revolving Commitment, (Aii) with regard to each Lender individually, such Lender's outstanding Revolving Loans shall not exceed such Lender's Revolving Commitment Percentage of the Revolving Committed AmountLenders collectively, and (B) the sum of the aggregate principal Dollar Amount (determined as of the most recent Revaluation Date) of outstanding principal amount of Revolving Loans PLUS plus outstanding Swingline Loans plus outstanding LOC Obligations PLUS Swingline Loans shall not exceed the Revolving Committed Amount. The initial advance Amount then in effect, (iii) the aggregate principal Dollar Amount (determined as of the most recent Revaluation Date) of Revolving Loans on that are Foreign Currency Loans outstanding to the Closing Date Company, together with the outstanding LOC Obligations with respect to Letters of Credit denominated in a Foreign Currency, shall consist solely not exceed $10,000,000, (iv) the aggregate principal Dollar Amount (determined as of Base Rate Loansthe most recent Revaluation Date) of Revolving Loans that are Foreign Currency Loans outstanding to the Borrowers in the aggregate shall not exceed $10,000,000 and (v) the aggregate principal Dollar Amount of Revolving Loans outstanding to the Irish Borrower and the Dutch Borrowers in the aggregate shall not exceed $10,000,000. Thereafter, Revolving Loans may consist of Alternate Base Rate Loans or Eurodollar LIBOR Rate Loans, or a combination thereof, as the Borrower Company may request; PROVIDED, HOWEVER, that no more than 15 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof; provided, however, Revolving Loans made on the Closing Date or any of the three Business Days following the Closing Date may only consist of Alternate Base Rate Loans unless the Company delivers a Funding Indemnity Letter to the Administrative Agent at least three Business Days (with respect to Revolving Loans denominated in Dollars) or four Business Days (with respect to Revolving Loans denominated in Foreign Currencies) prior to the Closing Date. Revolving Loans that are Foreign Currency Loans shall consist only of LIBOR Rate Loans.
Appears in 1 contract
Samples: Credit Agreement (Lionbridge Technologies Inc /De/)
Revolving Commitment. Subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth herein, each Revolving Lender severally agrees to make available to the Borrower such Revolving Lender's Revolving ’s Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANS"“Revolving Loans”) from time to time from the Closing Date until the Revolving Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDEDprovided, HOWEVERhowever, that the sum of the aggregate outstanding principal amount of Revolving Loans shall not exceed ONE TWO HUNDRED TWENTY-FIVE MILLION DOLLARS ($100,000,000225,000,000) (as such aggregate maximum amount may be increased in accordance with Section 2.6 or reduced from time to time as provided in Section 3.4, the "REVOLVING COMMITTED AMOUNT"“Revolving Committed Amount”); PROVIDEDprovided, FURTHERfurther, (A) with regard to each Revolving Lender CHAR1\1351553v8 34 individually, such Revolving Lender's outstanding ’s Revolving Loans Credit Exposure shall not exceed such Revolving Lender's ’s Revolving Commitment Percentage of the Revolving Committed AmountCommitment, and (B) the sum of the aggregate outstanding principal amount of Revolving Loans PLUS plus LOC Obligations PLUS plus Swingline Loans shall not exceed the Revolving Committed Amount. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Base Rate Loans or Eurodollar Loans, or a combination thereof, as the Borrower may request; PROVIDEDprovided, HOWEVERhowever, that no more than 15 six (6) Eurodollar Loans which are Revolving Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof.
Appears in 1 contract
Revolving Commitment. Subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth herein, each Lender severally agrees to make available to the Borrower such Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANSCommitted Revolving Loans") to the Borrowers from time to time from the Closing Date until the Maturity Dateday 364 days after the date hereof, or such later date if such date is extended pursuant to this Section 2.1(a) or such earlier date as the Revolving Commitments shall have been terminated as provided hereinherein (the "Termination Date") for the purposes hereinafter set forth; PROVIDEDprovided, HOWEVERhowever, that (i) with regard to each Lender individually, the sum of such Lender's share of outstanding Committed Revolving Loans (other than Committed Revolving Loans made for the purpose of repaying Competitive Loans but not yet so applied) shall not exceed such Lender's Revolving Committed Amount, and (ii) with regard to the Lenders collectively, the sum of the aggregate outstanding principal amount of outstanding Committed Revolving Loans (other than Committed Revolving Loans made for the purpose of repaying Competitive Loans but not yet so applied) plus the aggregate amount of Competitive Loans (other than Competitive Loans made for the purpose of repaying Committed Revolving Loans but not yet so applied) shall not exceed ONE TWO HUNDRED FIFTY MILLION DOLLARS ($100,000,000250,000,000) (as such aggregate maximum amount may be reduced from time to time as provided in Section 3.4time, the "REVOLVING COMMITTED AMOUNT"); PROVIDED, FURTHER, (A) with regard to each Lender individually, such Lender's outstanding Revolving Loans shall not exceed such Lender's Revolving Commitment Percentage of the Revolving Committed Amount, and (B) the sum of the aggregate outstanding principal amount of Revolving Loans PLUS LOC Obligations PLUS Swingline Loans shall not exceed the Revolving "). Committed Amount. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Base Rate Loans or Eurodollar Loans, or a combination thereof, as the Borrower Borrowers may request, and may be prepaid or repaid and reborrowed in accordance with the provisions hereof; PROVIDEDprovided, HOWEVERhowever, that no more than 15 ten (10) Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for time. For purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period. Either Borrower may, within ninety (90) days prior to the Termination Date, by notice to the Agent, make written request of the Lenders to extend the Termination Date for an additional period of 364 days. Each of the Lenders must consent to any such extension (subject to the Borrowers' right to terminate or replace the Commitments of non-consenting Lenders as set forth below). Revolving The Agent will give prompt notice to each of the Lenders of its receipt of any such request for extension of the Termination Date. Each Lender shall make a determination not later than thirty (30) days prior to the then applicable Termination Date as to whether or not it will agree to extend the Termination Date as requested; provided, however, that failure by any Lender to make a timely response to the Borrowers' request for extension of the Termination Date shall be deemed to constitute a refusal by the Lender to extend the Termination Date. If, in response to a request for an extension of the Termination Date, each of the Lenders agrees to the requested extension, then the Termination Date shall be extended for the requested additional period of 364 days. If, however, in response to a request for an extension of the Termination Date, one or more Lenders shall fail to agree to the requested extension (the "Disapproving Lenders"), then the Borrowers shall have the right (so long as all Disapproving Lenders are treated as described in either clauses (A) or (B) below) to either (A) replace each such Disapproving Lender with one or more Replacement Lenders pursuant to Section 3.15 so long as at the time of such replacement, each such Replacement Lender consents to the proposed extension of the Termination Date or (B) terminate such Disapproving Lender's Commitment and repay all outstanding Loans hereunder may be of such Disapproving Lender in accordance with Sections 3.3(c) and 3.3(f), provided that, unless the Commitments terminated and Loans repaid pursuant to the preceding clause (B) are immediately replaced in full at such time through the addition of new Lenders or the increase of the Commitments and/or outstanding Loans of existing Lenders (who in each case must specifically consent to any such increase), then in the case of any action pursuant to the preceding clause (B), subject to the following proviso, the Required Lenders (determined before giving effect to the proposed action) shall specifically consent to such termination of Commitment and reborrowed repayment of Loans, provided further, notwithstanding the foregoing proviso, each of the Lenders (other than the Lender whose Commitment is being terminated) shall specifically consent to such termination of Commitment and repayment of Loans if the aggregate amount of Commitments terminated pursuant to this Section 2.1(a) (including the proposed termination) plus the aggregate amount of Commitments terminated pursuant to Section 3.17 plus the aggregate amount of Commitments terminated pursuant to Section 11.6(b) shall exceed $35,000,000. If, prior to the applicable Termination Date, the Borrowers either replace or terminate the Commitments of the Disapproving Lenders in accordance with the provisions hereofforegoing terms, then the Termination Date shall be extended for the requested additional period of 364 days. If, however, the Borrowers fail to either replace or terminate the Commitments of the Disapproving Lenders prior to the applicable Termination Date in accordance with the foregoing terms, then the Termination Date shall not be extended for the requested additional period of 364 days.
Appears in 1 contract
Samples: Credit Agreement (Promus Hotel Corp)
Revolving Commitment. Subject During the Revolving Commitment Period, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Revolving Lender severally agrees to make available revolving credit loans in Dollars and in Foreign Currencies (“Revolving Loans”) to the Borrower from time to time for the purposes hereinafter set forth; provided, however, that (i) with regard to each Revolving Lender individually, the sum of such Revolving Lender's ’s Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars aggregate principal amount of outstanding Revolving Loans plus outstanding Swingline Loans plus outstanding Revolving LOC Obligations shall not exceed such Revolving Lender’s Revolving Commitment, ("REVOLVING LOANS"ii) from time with regard to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDEDLenders collectively, HOWEVER, that the sum of the aggregate outstanding principal amount of outstanding Revolving Loans plus outstanding Swingline Loans plus outstanding Revolving LOC Obligations shall not exceed ONE the Revolving Committed Amount then in effect and (iii) the aggregate principal amount of outstanding Revolving Loans denominated in a Foreign Currency, together with the outstanding LOC Obligations with respect to Letters of Credit denominated in a Foreign Currency, shall not exceed the Foreign Currency Sublimit. For purposes hereof, the aggregate principal amount available for Revolving Loan borrowings hereunder shall be TWO HUNDRED MILLION DOLLARS ($100,000,000200,000,000) (as such aggregate maximum amount may be reduced from time to time as provided in Section 3.42.8, or increased from time to time as provided in Section 2.23, the "REVOLVING COMMITTED AMOUNT"); PROVIDED, FURTHER, (A) with regard to each Lender individually, such Lender's outstanding Revolving Loans shall not exceed such Lender's Revolving Commitment Percentage of the “Revolving Committed Amount, and (B) the sum of the aggregate outstanding principal amount of Revolving Loans PLUS LOC Obligations PLUS Swingline ”). LIBOR Rate Loans shall not exceed the be made by each Revolving Committed Amount. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Lender at its LIBOR Lending Office and Alternate Base Rate LoansLoans at its Domestic Lending Office. Thereafter, Revolving Loans may consist of Alternate Base Rate Loans or Eurodollar LIBOR Rate Loans, or a combination thereof, as the Borrower may request; PROVIDED, HOWEVER, that no more than 15 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions request and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder denominated in a Foreign Currency may be repaid and reborrowed in accordance with the provisions hereofconsist of only LIBOR Rate Loans.
Appears in 1 contract
Samples: Credit Agreement (Gencorp Inc)
Revolving Commitment. Subject During the Commitment Period, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Lender severally agrees to make available revolving credit loans ("Revolving Loans") to the Borrower from time to time for the purposes hereinafter set forth; provided, however, that (i) with regard to each Lender individually, the sum of such Lender's outstanding Revolving Loans plus such Lender's LOC Commitment Percentage of LOC Obligations shall not exceed such Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANS") from time to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDEDCommitted Amount and (ii) with regard to the Lenders collectively, HOWEVER, that the sum of the aggregate amount of outstanding Revolving Loans plus LOC Obligations shall not exceed the Revolving Committed Amount. For purposes hereof, the aggregate principal amount of Revolving Loans plus LOC Obligations that may be outstanding at any time under this Section 2.1(a) shall not exceed ONE HUNDRED MILLION Million DOLLARS ($100,000,000) (as such aggregate maximum amount may be increased or reduced from time to time as provided in Section 3.42.4, the "REVOLVING COMMITTED AMOUNT"); PROVIDED, FURTHER, (A) with regard to each Lender individually, such Lender's outstanding Revolving Loans shall not exceed such Lender's Revolving Commitment Percentage of the Revolving Committed Amount, and (B) the sum of the aggregate outstanding principal amount of Revolving Loans PLUS LOC Obligations PLUS Swingline Loans shall not exceed the Revolving Committed Amount"). The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Alternate Base Rate Loans, LIBOR Rate Loans or Eurodollar LIBOR Market Index Rate Loans, or a combination thereof, as the Borrower may request; PROVIDED, HOWEVER, that no more than 15 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof. LIBOR Rate Loans shall be made by each Lender at its LIBOR Lending Office and Alternate Base Rate Loans and LIBOR Market Index Rate Loans at its Domestic Lending Office.
Appears in 1 contract
Samples: Credit Agreement (Ruddick Corp)
Revolving Commitment. Subject During the Commitment Period, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Lender severally severally, but not jointly, agrees to make available revolving credit loans (“Revolving Loans”) to the Borrower such Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANS") from time to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDED, HOWEVER, that the sum of the in an aggregate outstanding principal amount of Revolving Loans shall not exceed ONE HUNDRED up to FIFTY-FIVE MILLION DOLLARS ($100,000,00055,000,000) (as such aggregate maximum amount may be reduced from time to time as provided in Section 3.42.6, the "REVOLVING COMMITTED AMOUNT")“Aggregate Revolving Committed Amount”) for the purposes hereinafter set forth; PROVIDEDprovided, FURTHERhowever, that (Ai) with regard to each Lender individually, the sum of such Lender's ’s Revolving Commitment Percentage of outstanding Revolving Loans plus such Lender’s Revolving Commitment Percentage of outstanding Swingline Loans plus such Lender’s LOC Commitment Percentage of LOC Obligations shall not exceed such Lender's Revolving Commitment Percentage of the ’s Revolving Committed Amount, Amount and (Bii) with regard to the Lenders collectively, the sum of the aggregate outstanding principal amount of Revolving Loans PLUS plus outstanding Swingline Loans plus LOC Obligations PLUS Swingline Loans shall not exceed the Aggregate Revolving Committed Amount. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Alternate Base Rate Loans or Eurodollar LIBOR Rate Loans, or a combination thereof, as the Borrower may request; PROVIDED, HOWEVER, that no more than 15 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof; provided, however, Revolving Loans made on the Closing Date or on any of the three Business Days following the Closing Date may only consist of Alternate Base Rate Loans unless the Borrower executes a funding indemnity letter in form and substance satisfactory to the Administrative Agent. LIBOR Rate Loans shall be made by each Lender at its LIBOR Lending Office and Alternate Base Rate Loans at its Domestic Lending Office.
Appears in 1 contract
Revolving Commitment. Subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth herein, each Revolving Lender severally agrees to make available to the Borrower such Lender's Revolving Commitment Percentage of revolving credit loans requested by (“Revolving Loans”) to the Borrower in Dollars ("REVOLVING LOANS") Borrowers from time to time from the Closing Date until the Maturity Termination Date, or such earlier date as the Revolving Commitments shall have been terminated as provided hereinherein for the purposes hereinafter set forth; PROVIDEDprovided, HOWEVERhowever, that the sum of the aggregate outstanding principal amount of outstanding Revolving Loans shall not exceed ONE the Revolving Committed Amount and; provided, further, (i) with regard to each Revolving Lender individually, such Lender’s share of outstanding Revolving Obligations shall not exceed such Lender’s Revolving Commitment Percentage of the Revolving Committed Amount, (ii) with regard to the Revolving Lenders collectively, the aggregate principal amount of outstanding Revolving Obligations shall not exceed TWO HUNDRED FIFTY MILLION DOLLARS ($100,000,000250,000,000) (as such aggregate maximum amount may be reduced from time to time as provided in Section 3.4, the "REVOLVING COMMITTED AMOUNT"); PROVIDED, FURTHER, “Revolving Committed Amount”) and (Aiii) with regard to each Lender individuallythe Revolving Lenders collectively, such Lender's outstanding Revolving Loans shall not exceed such Lender's Revolving Commitment Percentage the aggregate principal amount of the Revolving Committed Amount, and (B) the sum of the aggregate outstanding principal amount of Revolving Loans PLUS LOC Obligations PLUS Swingline Loans shall not exceed the Revolving Committed Amount. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Base Rate Loans or Eurodollar Loans, or a combination thereof, as the Borrower Borrowers may requestrequest and may be repaid and reborrowed in accordance with the provisions hereof; PROVIDEDprovided, HOWEVERhowever, that no more than 15 six Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for with respect to Revolving Loans. For purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same datedate and have the same duration, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof.
Appears in 1 contract
Revolving Commitment. Subject Prior to the Commitment Termination Date, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Lender severally agrees to make available revolving credit loans in Dollars or in any Alternative Currency to the Borrower such Lender's (“Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANS"Loans”) from time to time from for the Closing Date until the Maturity Datepurposes hereinafter set forth; provided, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDED, HOWEVERhowever, that (i) with regard to each Lender individually, the sum of the aggregate such Lender’s share of outstanding principal amount Revolving Loans, plus such Lender’s Commitment Percentage of Revolving Loans outstanding Swingline Loans, plus such Lender’s Commitment Percentage of LOC Obligations shall not exceed such Lender’s Commitment Percentage of the aggregate Committed Amount, and (ii) with regard to the Lenders collectively, the Advances Outstanding shall not exceed the aggregate Committed Amount then in effect. For purposes hereof, the aggregate amount available hereunder shall be ONE HUNDRED BILLION AND SEVENTY MILLION DOLLARS ($100,000,0001,070,000.00) (as such aggregate maximum amount may be reduced from time to time as provided in Section 3.42.6, the "REVOLVING COMMITTED AMOUNT"“Committed Amount”); PROVIDEDprovided, FURTHERhowever, (A) with regard to each Lender individually, such Lender's that the aggregate principal amount of all outstanding Revolving Loans and LOC Obligations in Alternative Currencies shall not exceed such Lender's Revolving Commitment Percentage of the Revolving Committed Amount, and TWO HUNDRED MILLION DOLLARS (B$200,000,000) the sum of the aggregate outstanding principal amount of (“Alternative Currency Sub Limit”). Revolving Loans PLUS LOC Obligations PLUS Swingline Loans shall not exceed the Revolving Committed Amount. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans denominated in Dollars may consist of Alternate Base Rate Loans or Eurodollar EURIBOR/LIBOR Rate Loans, or a combination thereof, as the Initial Borrower may request, and may be repaid and reborrowed in accordance with the provisions hereof. Revolving Loans denominated in any Alternative Currency may consist of Alternate Base Rate Loans or EURIBOR/LIBOR Rate Loans, or a combination thereof, as the Borrower may request; PROVIDED, HOWEVER, that no more than 15 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof. Notwithstanding the foregoing, any Revolving Loans made on the Closing Date or on either of the two Business Days immediately following the Closing Date may only consist of Alternate Base Rate Loans denominated in Dollars. Any Loans denominated in Dollars shall be made by each Lender at its Domestic Lending Office and any Loans denominated in any Alternative Currency shall be made by each Lender at its EURIBOR/LIBOR Lending Office.
Appears in 1 contract
Samples: Credit Agreement (Capitalsource Inc)
Revolving Commitment. Subject to the terms and conditions hereof -------------------- and in reliance upon the representations and warranties set forth herein, each Lender severally agrees to make available to the Borrower Borrowers such Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower Borrowers in Dollars ("REVOLVING LOANSRevolving Loans") from time to time from the Closing --------------- Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided hereinherein for the purposes hereinafter set forth; PROVIDEDprovided, HOWEVERhowever, that the sum of the aggregate outstanding -------- ------- principal amount of outstanding Revolving Loans shall not exceed ONE THREE HUNDRED MILLION DOLLARS ($100,000,000300,000,000) (as such aggregate maximum amount may be reduced from time to time as provided in Section 3.4, the "REVOLVING COMMITTED AMOUNTRevolving --------- Committed Amount"); PROVIDEDprovided, FURTHERfurther, (Ai) with regard to each Lender ---------------- -------- ------- individually, such Lender's outstanding Revolving Loans shall not exceed such Lender's Revolving Commitment Percentage of the Revolving Committed Amount, and (Bii) with regard to the sum of Lenders collectively, the aggregate outstanding principal amount of outstanding Revolving Loans PLUS plus the aggregate principal amount ---- of outstanding Competitive Loans plus the aggregate principal amount of ---- outstanding Swingline Loans plus LOC Obligations PLUS Swingline Loans outstanding shall not ---- exceed the Revolving Committed Amount. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Base Rate Loans or Eurodollar Loans, or a combination thereof, as the Borrower Borrowers may request, and may be repaid and reborrowed in accordance with the provisions hereof; PROVIDEDprovided, HOWEVERhowever, that no more than 15 ten (10) Eurodollar -------- ------- Loans shall be outstanding hereunder at any time (it being understood that, for time. For purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof.
Appears in 1 contract
Samples: Credit Agreement (Highwoods Realty LTD Partnership)
Revolving Commitment. Subject During the Commitment Period, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Revolving Lender severally agrees to make available revolving credit loans (“Revolving Loans”) to the Borrower Borrowers from time to time for the purposes hereinafter set forth; provided, however, that (i) the aggregate principal amount of outstanding Revolving Loans and Swingline Loans made to the Company plus the outstanding Company LOC Obligations shall not exceed $150,000,000 at any time outstanding, (ii) no more than $75,000,000 of Revolving Loans may be borrowed on the Closing Date, (iii) with regard to each Revolving Lender individually, the sum of such Revolving Lender's ’s Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars aggregate principal amount of outstanding Revolving Loans plus outstanding Swingline Loans plus outstanding LOC Obligations shall not exceed such Revolving Lender’s Revolving Commitment and ("REVOLVING LOANS"iv) from time with regard to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDEDLenders collectively, HOWEVER, that the sum of the aggregate principal amount of outstanding principal Revolving Loans plus outstanding Swingline Loan plus outstanding LOC Obligations shall not exceed the lesser of (A) the Revolving Committed Amount and (B) the Borrowing Base. For purposes hereof, the aggregate amount of Revolving Loans available hereunder shall not exceed ONE be THREE HUNDRED MILLION DOLLARS ($100,000,000300,000,000) (as such aggregate maximum amount may be reduced from time to time as provided in accordance with the terms of Section 3.42.7, the "REVOLVING COMMITTED AMOUNT"); PROVIDED, FURTHER, (A) with regard to each Lender individually, such Lender's outstanding Revolving Loans shall not exceed such Lender's Revolving Commitment Percentage of the “Revolving Committed Amount, and (B) the sum of the aggregate outstanding principal amount of Revolving Loans PLUS LOC Obligations PLUS Swingline Loans shall not exceed the Revolving Committed Amount”). The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Alternate Base Rate Loans or Eurodollar LIBOR Rate Loans, or a combination thereof, as the Administrative Borrower may request; PROVIDED, HOWEVER, that no more than 15 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof. LIBOR Rate Loans shall be made by each Lender at its LIBOR Lending Office and Alternate Base Rate Loans at its Domestic Lending Office.
Appears in 1 contract
Samples: Credit Agreement (Alliance One International, Inc.)
Revolving Commitment. Subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth herein, each Lender severally agrees to make available to the Borrower such Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANS") from time to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDED, HOWEVERTHAT, that the sum of the aggregate outstanding principal amount of outstanding Revolving Loans PLUS the aggregate amount of outstanding LOC Obligations shall not at any time exceed ONE HUNDRED an amount equal to the difference between (i) TWENTY MILLION AND NO/100 DOLLARS ($100,000,00020,000,000.00) and (ii) the amount of Indebtedness that is outstanding and unpaid from time to time pursuant to Section 7.1(g) (as such aggregate maximum amount may be reduced from time to time as provided in Section 3.4, the "REVOLVING COMMITTED AMOUNT"); PROVIDED, FURTHER, (A) with regard to each Lender individually, that such Lender's outstanding Revolving Loans PLUS Participation Interests in outstanding LOC Obligations shall not at any time exceed such Lender's Revolving Commitment Percentage of the Revolving Committed Amount, and (B) the sum of the aggregate outstanding principal amount of Revolving Loans PLUS LOC Obligations PLUS Swingline Loans shall not exceed the Revolving Committed Amount. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Base Rate Loans or Eurodollar Loans, or a combination thereof, as the Borrower may request, and may be repaid and reborrowed in accordance with the provisions hereof; PROVIDED, HOWEVERTHAT, that no more than 15 six Eurodollar Loans shall be outstanding hereunder under this Agreement at any time (it being understood that, for time. For purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions borrowings of Eurodollar Loans may, in accordance with the provisions hereof, be combined through extensions or conversions at the end of existing Interest Periods to constitute a single new Eurodollar Loan with a single the same Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereofof this Agreement.
Appears in 1 contract
Revolving Commitment. Subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth herein, each Tranche B Lender severally agrees to make available to the Borrower such Tranche B Lender's Tranche B Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANSTranche B Revolving Loans") from time to time from the Closing Effective Date until the Maturity Termination Date, or such earlier date as the Tranche B Revolving Commitments shall have been terminated as provided hereinherein for the purposes hereinafter set forth; PROVIDEDprovided, HOWEVERhowever, that the sum of the aggregate outstanding principal amount of outstanding Tranche B Revolving Loans shall not at any time exceed ONE HUNDRED FIFTEEN MILLION DOLLARS ($100,000,00015,000,000) (as such aggregate maximum amount may be reduced from time to time as provided in Section 3.4, the "REVOLVING COMMITTED AMOUNTTranche B Revolving Committed Amount")) provided, however, the Tranche B Lenders' Tranche B Revolving Committed Amount shall not be available for borrowing unless all amounts under the Tranche A Revolving Loans have been borrowed in full and are outstanding; PROVIDEDprovided, FURTHERfurther, (A) with regard to each Tranche B Lender individually, that such Tranche B Lender's outstanding Tranche B Revolving Loans shall not at any time exceed such Tranche B Lender's Tranche B Revolving Commitment Percentage of the Revolving Committed Amount, and (B) the sum of the aggregate outstanding principal amount of Revolving Loans PLUS LOC Obligations PLUS Swingline Loans shall not exceed the Tranche B Revolving Committed Amount. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Tranche B Revolving Loans may consist of Base Rate Loans or Eurodollar Loans, or a combination thereof, as the Borrower may request, and may be repaid and reborrowed in accordance with the provisions hereof; PROVIDEDprovided, HOWEVERhowever, that the Tranche B Revolving Loans outstanding at any time shall consist of no more than 15 four (4) separate Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for Loans. For purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions borrowings of Eurodollar Loans may, in accordance with the provisions hereof, be combined through extensions or conversions at the end of existing Interest Periods to constitute a single new Eurodollar Loan with a single the same Interest Period). Tranche B Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof.
Appears in 1 contract
Samples: Credit Agreement (Isg Resources Inc)
Revolving Commitment. Subject to the terms and conditions hereof -------------------- and in reliance upon the representations and warranties set forth herein, each Lender severally agrees to make available to the Borrower such Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANSRevolving Loans") from time to time --------------- from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDEDprovided, HOWEVERhowever, that the sum of the aggregate outstanding principal -------- ------- amount of Revolving Loans shall not exceed ONE TWO HUNDRED MILLION DOLLARS ($100,000,000200,000,000) (as such aggregate maximum amount may be reduced from time to time as provided in Section 3.4, the "REVOLVING COMMITTED AMOUNTRevolving Committed Amount"); PROVIDED-------------------------- provided, FURTHERfurther, (A) with regard to each Lender individually, such -------- ------- Lender's outstanding Revolving Loans shall not exceed such Lender's Revolving Commitment Percentage of the Revolving Committed Amount, and (B) the sum of the aggregate outstanding principal amount of Revolving Loans PLUS plus LOC Obligations PLUS Swingline Loans shall not exceed the Revolving Committed Amount. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Base Rate Loans or Eurodollar Loans, or a combination thereof, as the Borrower may request; PROVIDEDprovided, HOWEVERhowever, that -------- ------- no more than 15 six (6) Eurodollar Loans which are Revolving Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof.
Appears in 1 contract
Samples: Credit Agreement (Potlatch Corp)
Revolving Commitment. Subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth herein, each Lender severally agrees to make available to the Borrower such Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANS") from time to time from the Closing Date until the Maturity Termination Date, or such earlier date as the Revolving Commitments shall have been terminated as provided hereinherein for the purposes hereinafter set forth; PROVIDED, HOWEVER, that the sum of the aggregate outstanding principal amount of outstanding Revolving Loans PLUS the aggregate amount of outstanding LOC Obligations shall not at any time exceed ONE HUNDRED FORTY-TWO MILLION DOLLARS ($100,000,00042,000,000) (as such aggregate maximum amount may be reduced from time to time as provided in Section 3.4, the "REVOLVING COMMITTED AMOUNT"); PROVIDED, FURTHER, (A) with regard to each Lender individually, that such Lender's outstanding Revolving Loans PLUS Participation Interests in outstanding LOC Obligations shall not at any time exceed such Lender's Revolving Commitment Percentage of the Revolving Committed Amount, and (B) the sum of the aggregate outstanding principal amount of Revolving Loans PLUS LOC Obligations PLUS Swingline Loans shall not exceed the Revolving Committed Amount. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Base Rate Loans or Eurodollar Loans, or a combination thereof, as the Borrower may request, and may be repaid and reborrowed in accordance with the provisions hereof; PROVIDED, HOWEVER, that the Revolving Loans outstanding at any time shall consist of no more than 15 six (6) separate Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for Loans. For purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions borrowings of Eurodollar Loans may, in accordance with the provisions hereof, be combined through extensions or conversions at the end of existing Interest Periods to constitute a single new Eurodollar Loan with a single the same Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof.
Appears in 1 contract
Samples: Credit Agreement (Flo Fill Co Inc)
Revolving Commitment. Subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth herein, each Lender severally agrees to make available to the Borrower such Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANSRevolving Loans") from time to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided hereinherein for the purposes hereinafter set forth; PROVIDEDprovided, HOWEVERhowever, that the sum of the aggregate outstanding principal amount of outstanding Revolving Loans shall not exceed ONE TWO HUNDRED MILLION DOLLARS ($100,000,000200,000,000) (as such aggregate maximum amount may be reduced from time to time as provided in Section 3.4, the "REVOLVING COMMITTED AMOUNTRevolving Committed Amount"); PROVIDEDprovided, FURTHERfurther, (A) with regard to each Lender individually, such Lender's outstanding Revolving Loans shall not exceed such Lender's Revolving Commitment Percentage of the Revolving Committed Amount, and (B) the sum of the aggregate outstanding principal amount of outstanding Revolving Loans PLUS plus LOC Obligations PLUS Swingline Loans outstanding shall not exceed the Revolving Committed Amount. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Base Rate Loans or Eurodollar Loans, or a combination thereof, as the Borrower may request; PROVIDEDprovided, HOWEVERhowever, that no more than 15 Eurodollar Loans shall be outstanding hereunder under this Credit Agreement at any time (it being understood that, for time. For purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof.
Appears in 1 contract
Revolving Commitment. Subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth herein, each Lender severally agrees to make available to the Borrower such Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANS") from time to time from the Closing Effective Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDED, HOWEVERTHAT, that the sum of the aggregate outstanding principal amount of outstanding Revolving Loans PLUS the aggregate amount of outstanding LOC Obligations shall not at any time exceed ONE HUNDRED an amount equal to TWENTY THREE MILLION AND NO/100 DOLLARS ($100,000,00023,000,000.00) (as such aggregate maximum amount may be reduced from time to time (i) by the original principal amount of all Acquisition Loans pursuant to Section 2.3 and Section 3.4(b)(i) or (ii) as otherwise provided in Section 3.4, the "REVOLVING COMMITTED AMOUNT"); PROVIDED, FURTHER, (A) with regard to each Lender individually, that such Lender's outstanding Revolving Loans PLUS Participation Interests in outstanding LOC Obligations shall not at any time exceed such Lender's Revolving Commitment Percentage of the Revolving Committed Amount, and (B) the sum of the aggregate outstanding principal amount of Revolving Loans PLUS LOC Obligations PLUS Swingline Loans shall not exceed the Revolving Committed Amount. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Base Rate Loans or Eurodollar Loans, or a combination thereof, as the Borrower may request, and may be repaid and reborrowed in accordance with the provisions hereof; PROVIDED, HOWEVERTHAT, that no more than 15 six (6) Eurodollar Loans shall be outstanding hereunder under this Agreement at any time (it being understood that, for time. For purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions borrowings of Eurodollar Loans may, in accordance with the provisions hereof, be combined through extensions or conversions at the end of existing Interest Periods to constitute a single new Eurodollar Loan with a single the same Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereofof this Agreement.
Appears in 1 contract
Revolving Commitment. Subject During the Commitment Period, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Revolving Lender severally agrees to make available revolving credit loans ("Revolving Loans") to the Borrower such Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANS") from time to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDED, HOWEVER, that the sum of the in an aggregate outstanding principal amount of Revolving Loans shall not exceed ONE up to TWO HUNDRED MILLION DOLLARS ($100,000,000200,000,000) (as such aggregate maximum amount may be reduced from time to time as provided in Section 3.42.6, the "REVOLVING COMMITTED AMOUNTAggregate Revolving Committed Amount")) for the purposes hereinafter set forth; PROVIDEDprovided, FURTHERhowever, that (Ai) with regard to each Revolving Lender individually, the sum of such Revolving Lender's share of outstanding Revolving Loans shall not exceed plus such Revolving Lender's Revolving Commitment Percentage of the outstanding Swingline Loans plus such Revolving Lender's LOC Commitment Percentage of LOC Obligations shall not exceed such Revolving Lender's Revolving Committed Amount, and (Bii) with regard to the Revolving Lenders collectively, the sum of the aggregate outstanding principal amount of Revolving Loans PLUS plus outstanding Swingline Loans plus LOC Obligations PLUS Swingline Loans shall not exceed the Aggregate Revolving Committed Amount. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Alternate Base Rate Loans or Eurodollar LIBOR Rate Loans, or a combination thereof, as the Borrower may request; PROVIDED, HOWEVER, that no more than 15 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof. LIBOR Rate Loans shall be made by each Revolving Lender at its LIBOR Lending Office and Alternate Base Rate Loans at its Domestic Lending Office.
Appears in 1 contract
Revolving Commitment. Subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth herein, each Lender severally agrees to make available to the Borrower such Lender's ’s Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANS"“Revolving Loans”) from time to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDEDprovided, HOWEVERhowever, that (i) the sum of the aggregate outstanding principal amount of Revolving Loans shall not exceed ONE HUNDRED FIFTY MILLION DOLLARS ($100,000,00050,000,000) (as such aggregate maximum amount may be reduced or increased from time to time as provided in Section 3.4, the "REVOLVING COMMITTED AMOUNT"“Revolving Committed Amount”); PROVIDED, FURTHER, (Aii) with regard to each Lender individually, the sum of such Lender's ’s outstanding Revolving Loans plus such Lender’s Participation Interests in Letters of Credit and LOC Obligations shall not exceed such Lender's ’s Revolving Commitment Percentage of the Revolving Committed Amount, Amount and (Biii) the sum of the aggregate outstanding principal amount of Revolving Loans PLUS plus LOC Obligations PLUS Swingline Loans shall not exceed the Revolving Committed Amount. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Base Rate Loans or Eurodollar Loans, or a combination thereof, as the Borrower may request; PROVIDEDprovided, HOWEVERhowever, that no more than 15 ten (10) Eurodollar Loans which are Revolving Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof.
Appears in 1 contract
Samples: Credit Agreement (Insight Health Services Holdings Corp)
Revolving Commitment. Subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth herein, each Lender severally agrees to make available to the Borrower such Lender's Revolving ’s Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANS"“Revolving Loans”) from time to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDEDprovided, HOWEVERhowever, that the sum of the aggregate outstanding principal amount of Revolving Loans shall not exceed ONE HUNDRED SEVENTY-FIVE MILLION DOLLARS ($100,000,00075,000,000) (as such aggregate maximum amount may be reduced from time to time as provided in Section 3.4, the "REVOLVING COMMITTED AMOUNT"“Revolving Committed Amount”); PROVIDEDprovided, FURTHERfurther, (A) with regard to each Lender individually, such Lender's ’s outstanding Revolving Loans shall not exceed such Lender's Revolving ’s Commitment Percentage of the Revolving Committed Amount, and (B) the sum of the aggregate outstanding principal amount of Revolving Loans PLUS plus LOC Obligations PLUS plus Swingline Loans shall not exceed the Revolving Committed Amount. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Base Rate Loans or Eurodollar Loans, or a combination thereof, as the Borrower may request; PROVIDEDprovided, HOWEVERhowever, that no more than 15 6 Eurodollar Loans which are Revolving Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof.
Appears in 1 contract
Revolving Commitment. Subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth herein, each Lender severally agrees to make available to the Borrower such Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANS"“Revolving Loans”) up to such Lender’s Revolving Commitment from time to time from the Closing Date until the Maturity Termination Date, or such earlier date as the Revolving Commitments shall have been terminated as provided hereinherein for the purposes hereinafter set forth; PROVIDEDprovided, HOWEVERhowever, that the sum of the aggregate outstanding principal amount of outstanding Revolving Loans shall not exceed ONE FIVE HUNDRED MILLION DOLLARS ($100,000,000500,000,000.00) (as such aggregate maximum amount may be reduced or increased from time to time as provided in Section 2.2 or Section 3.4, the "REVOLVING COMMITTED AMOUNT"“Revolving Committed Amount”); PROVIDEDprovided, FURTHERfurther, (Ai) with regard to each Lender individually, the aggregate amount of such Lender's ’s outstanding Revolving Loans shall not exceed such Lender's ’s Revolving Commitment Percentage of the Revolving Committed AmountCommitment, and (Bii) with regard to the sum of Lenders collectively, the aggregate outstanding principal amount of outstanding Revolving Loans PLUS LOC Obligations PLUS Swingline Loans shall not at any time exceed the Revolving Committed Amount. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Base Rate Loans or Eurodollar Loans, or a combination thereof, as the Borrower may request, and may be repaid and reborrowed in accordance with the provisions hereof; PROVIDEDprovided, HOWEVERhowever, that no more than 15 borrowings of five (5) Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for time. For purposes hereof, borrowings of Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new borrowing of Eurodollar Loan Loans with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof. Notwithstanding the foregoing, the Borrower may not request any Loans hereunder while a Change of Control Standstill Period shall be in effect pursuant to Section 3.4(e) hereof.
Appears in 1 contract
Revolving Commitment. Subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth herein, each Lender severally agrees to make available to the Borrower such Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANSRevolving Loans") from time to time from the Closing Date until the Maturity Termination Date, or such earlier date as the Revolving Commitments shall have been terminated as provided hereinherein for the purposes hereinafter set forth; PROVIDEDprovided, HOWEVERhowever, that the sum of the aggregate outstanding principal amount of outstanding Revolving Loans shall not exceed ONE TWO HUNDRED SEVENTY MILLION DOLLARS ($100,000,000270,000,000.00) (as such aggregate maximum amount may be reduced from time to time as provided in Section 3.4, the "REVOLVING COMMITTED AMOUNTRevolving Committed Amount"); PROVIDEDprovided, FURTHERfurther, (Ai) with regard to each Lender individually, the aggregate, principal amount of such Lender's outstanding Revolving Loans plus such Lender's participation interests in Letters of Credit plus such Lender's participation interests in the Swingline Loans shall not exceed such Lender's Revolving Commitment Percentage of the Revolving Committed Amount, and (Bii) with regard to the sum of Lenders collectively, the aggregate outstanding principal amount of outstanding Revolving Loans PLUS plus the aggregate principal amount of outstanding Swingline Loans plus LOC Obligations PLUS Swingline Loans outstanding shall not exceed the Revolving Committed Amount. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Base Rate Loans or Eurodollar Loans, or a combination thereof, as the Borrower may request; PROVIDED, HOWEVERand may be repaid and reborrowed in accordance with the provisions hereof, provided, however, that no more than 15 5 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for time. For purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof.
Appears in 1 contract
Revolving Commitment. Subject During the Commitment Period, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Revolving Lender severally severally, but not jointly, agrees to make available revolving credit loans in Dollars (“Revolving Loans”) to the Borrower such Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANS") from time to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDED, HOWEVER, that the sum of the in an aggregate outstanding principal amount of Revolving Loans shall not exceed ONE HUNDRED up to TWENTY MILLION DOLLARS ($100,000,00020,000,000) (as increased from time to time as provided in Section 2.22 and as such aggregate maximum amount may be reduced from time to time as provided in Section 3.42.6, the "REVOLVING COMMITTED AMOUNT"“Revolving Committed Amount”) for the purposes hereinafter set forth (such facility, the “Revolving Facility”); PROVIDEDprovided, FURTHERhowever, that (Ai) with regard to each Revolving Lender individually, the sum of such Revolving Lender's outstanding Revolving Loans shall not exceed such Lender's ’s Revolving Commitment Percentage of the aggregate principal amount of outstanding Revolving Committed Amount, Loans plus such Revolving Lender’s Revolving Commitment Percentage of outstanding LOC Obligations shall not exceed such Revolving Lender’s Revolving Commitment and (Bii) with regard to the Revolving Lenders collectively, the sum of the aggregate outstanding principal amount of outstanding Revolving Loans PLUS plus outstanding LOC Obligations PLUS Swingline Loans shall not exceed the Revolving Committed AmountAmount then in effect. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Alternate Base Rate Loans or Eurodollar LIBOR Rate Loans, or a combination thereof, as the Borrower may request; PROVIDED, HOWEVER, that no more than 15 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof; provided, however, the Revolving Loans made on the Closing Date or any of the three (3) Business Days following the Closing Date, may only consist of Alternate Base Rate Loans unless the Borrower delivers a funding indemnity letter, substantially in the form of Exhibit 2.1(a), reasonably acceptable to the Administrative Agent not less than three (3) Business Days prior to the Closing Date. LIBOR Rate Loans shall be made by each Revolving Lender at its LIBOR Lending Office and Alternate Base Rate Loans at its Domestic Lending Office.
Appears in 1 contract
Revolving Commitment. Subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth herein, each Lender severally agrees to make available to the Borrower such Lender's ’s Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANS"“Revolving Loans”) from time to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDEDprovided, HOWEVERhowever, that the sum of the aggregate outstanding principal amount of Revolving Loans shall not exceed ONE FIVE HUNDRED MILLION DOLLARS ($100,000,000500,000,000) (as such aggregate maximum amount may be reduced from time to time as provided in Section 3.4, the "REVOLVING COMMITTED AMOUNT"“Revolving Committed Amount”); PROVIDEDprovided, FURTHERfurther, (A) with regard to each Lender individually, such Lender's ’s pro rata share of the outstanding Revolving Loans plus such Lender’s Participation Interest in the LOC Obligations plus such Lender’s Participation Interest in the Swingline Loans shall not exceed such Lender's Revolving Commitment Percentage of the ’s Revolving Committed Amount, and (B) the sum of the aggregate outstanding principal amount of Revolving Loans PLUS plus LOC Obligations PLUS plus Swingline Loans shall not exceed the aggregate Revolving Committed Amount. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Base Rate Loans or Eurodollar Loans, or a combination thereof, as the Borrower may request; PROVIDEDprovided, HOWEVERhowever, that no more than 15 8 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof.
Appears in 1 contract
Revolving Commitment. Subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth herein, each Lender with a Revolving Commitment severally agrees to make available to the Borrower such Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANSRevolving Loans") from time to time from the Closing Date until the Maturity Revolving Loan Termination Date, or such earlier date as the Revolving Commitments shall have been terminated as provided hereinherein for the purposes hereinafter set forth; PROVIDEDprovided, HOWEVERhowever, that the sum of the aggregate outstanding principal amount of Revolving Loans Credit Facility Obligations shall not at any time exceed ONE HUNDRED FIFTEEN MILLION DOLLARS ($100,000,00015,000,000) (as such aggregate maximum amount may be reduced from time to time as provided in Section 3.43.04, the "REVOLVING COMMITTED AMOUNTRevolving Committed Amount"); PROVIDEDprovided, FURTHERfurther, (A) with regard to each Lender with a Revolving Commitment individually, that such Lender's outstanding Revolving Loans plus Participation Interests in outstanding LOC Obligations plus Participation Interests in outstanding Swingline Loans shall not at any time exceed such Lender's Revolving Commitment Percentage of the Revolving Committed Amount, and (B) the sum of the aggregate outstanding principal amount of Revolving Loans PLUS LOC Obligations PLUS Swingline Loans shall not exceed the Revolving Committed Amount. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Base Rate Loans or Eurodollar Rate Loans, or a combination thereof, as the Borrower may request, and may be repaid and reborrowed in accordance with the provisions hereof; PROVIDEDprovided, HOWEVERhowever, that the Revolving Loans outstanding at any time shall consist of no more than 15 six (6) separate Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for Rate Loans. For purposes hereof, Eurodollar Rate Loans with different Interest Periods shall be considered as separate Eurodollar Rate Loans, even if they begin on the same date, although borrowings, extensions and conversions borrowings of Eurodollar Rate Loans of any Class may, in accordance with the provisions hereof, be combined through Extensions or Conversions at the end of existing Interest Periods to constitute a single new Eurodollar Rate Loan of such Class with a single the same Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof.
Appears in 1 contract
Revolving Commitment. Subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth herein, each Revolving Lender severally agrees to make available to the Borrower such Lender's Revolving Commitment Percentage of revolving credit loans requested by (“Revolving Loans”) to the Borrower in Dollars ("REVOLVING LOANS") Borrowers from time to time from the Closing Effective Date until the Maturity Termination Date, or such earlier date as the Revolving Commitments shall have been terminated as provided hereinherein for the purposes hereinafter set forth; PROVIDEDprovided, HOWEVERhowever, that the sum of the aggregate outstanding principal amount of outstanding Revolving Loans shall not exceed the Revolving Committed Amount and; provided, further, (i) with regard to each Revolving Lender individually, such Lender’s share of outstanding Revolving Obligations shall not exceed such Lender’s Revolving Commitment Percentage of the Revolving Committed Amount, (ii) with regard to the Revolving Lenders collectively, the aggregate principal amount of outstanding Revolving Obligations shall not exceed ONE HUNDRED MILLION DOLLARS ($100,000,000) (as such aggregate maximum amount may be reduced from time to time be increased pursuant to Section 2.6 or reduced as provided in Section 3.4, the "REVOLVING COMMITTED AMOUNT"); PROVIDED, FURTHER, “Revolving Committed Amount”) and (Aiii) with regard to each Lender individuallythe Revolving Lenders collectively, such Lender's outstanding Revolving Loans shall not exceed such Lender's Revolving Commitment Percentage the aggregate principal amount of the Revolving Committed Amount, and (B) the sum of the aggregate outstanding principal amount of Revolving Loans PLUS LOC Obligations PLUS Swingline Loans shall not exceed the Revolving Committed Amount. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Base Rate Loans or Eurodollar Loans, or a combination thereof, as the Borrower Borrowers may requestrequest and may be repaid and reborrowed in accordance with the provisions hereof; PROVIDEDprovided, HOWEVERhowever, that no more than 15 six Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for with respect to Revolving Loans. For purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same datedate and have the same duration, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof.
Appears in 1 contract
Revolving Commitment. Subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth herein, each Lender severally agrees to make available to the Borrower such Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANSRevolving Loans") from time to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDEDprovided, HOWEVERhowever, that the sum of the aggregate outstanding principal amount of outstanding Revolving Loans shall not exceed ONE HUNDRED THIRTY MILLION DOLLARS ($100,000,00030,000,000) (as such aggregate maximum amount may be reduced from time to time as provided in Section 3.4, the "REVOLVING COMMITTED AMOUNTRevolving Committed Amount"); PROVIDEDprovided, FURTHERfurther, (A) with regard to each Lender individually, the sum of the aggregate outstanding principal amount of such Lender's outstanding Revolving Loans plus Participation Interests shall not exceed such Lender's Revolving Commitment Percentage of the Revolving Committed Amount, and (B) the sum of the aggregate outstanding principal amount of Revolving Loans PLUS plus LOC Obligations PLUS plus Swingline Loans shall not exceed the Revolving Committed Amount. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Base Rate Loans or Eurodollar Loans, or a combination thereof, as the Borrower may request; PROVIDEDprovided, HOWEVERhowever, that no more than 15 10 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof.
Appears in 1 contract
Revolving Commitment. Subject During the Commitment Period, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each U.S. Revolving Lender severally agrees to make available revolving credit loans in U.S. Dollars ("U.S. Revolving Loans") to the Borrower Company from time to time in an aggregate principal amount not to exceed at any time outstanding the amount of such U.S. Revolving Lender's U.S. Revolving Commitment; provided, however, that after giving effect to any such U.S. Revolving Loans, (i) the aggregate principal Dollar Amount (determined as of the most recent Determination Date) of outstanding Revolving Loans, Swingline Loans and LOC Obligations shall not exceed the Aggregate Revolving Committed Amount, (ii) the aggregate principal Dollar Amount (determined as of the most recent Determination Date) of the outstanding U.S. Revolving Loans, U.S. Swingline Loans and LOC Obligations shall not exceed the Aggregate U.S. Revolving Committed Amount and (iii) the aggregate principal Dollar Amount (determined as of the most recent Determination Date) of any U.S. Revolving Lender's U.S. Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANS") from time to time from the Closing Date until the Maturity Dateoutstanding U.S. Revolving Loans, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDED, HOWEVER, that the sum of the aggregate outstanding principal amount of Revolving U.S. Swingline Loans shall not exceed ONE HUNDRED MILLION DOLLARS ($100,000,000) (as such aggregate maximum amount may be reduced from time to time as provided in Section 3.4, the "REVOLVING COMMITTED AMOUNT"); PROVIDED, FURTHER, (A) with regard to each Lender individually, such Lender's outstanding Revolving Loans and LOC Obligations shall not exceed such U.S. Revolving Lender's Revolving Commitment Percentage of the Revolving Committed Amount, and (B) the sum of the aggregate outstanding principal amount of Revolving Loans PLUS LOC Obligations PLUS Swingline Loans shall not exceed the U.S. Revolving Committed Amount. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, U.S. Revolving Loans may consist of Alternate Base Rate Loans or Eurodollar LIBOR Rate Loans, or a combination thereof, as the Borrower Company may request; PROVIDED, HOWEVER, that no more than 15 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof; provided, however, U.S. Revolving Loans made on the Closing Date or on any of the three Business Days following the Closing Date may only consist of Alternate Base Rate Loans unless the Company executes a funding indemnity letter in form and substance reasonably satisfactory to the Administrative Agent. LIBOR Rate Loans denominated in U.S. Dollars shall be made by each U.S. Revolving Lender at its LIBOR Lending Office. Alternate Base Rate Loans shall be made by each U.S. Revolving Lender at its Domestic Lending Office.
Appears in 1 contract
Samples: Credit Agreement (Rock-Tenn CO)
Revolving Commitment. Subject During the Commitment Period, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Lender severally severally, but not jointly, agrees to make available revolving credit loans ("Revolving Loans") to the Borrower such Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANS") from time to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDED, HOWEVER, that the sum of the in an aggregate outstanding principal amount of Revolving Loans shall not exceed up to ONE HUNDRED MILLION FIFTY Million DOLLARS ($100,000,000150,000,000) (as such aggregate maximum amount may be reduced from time to time as provided in Section 3.42.5, the "REVOLVING COMMITTED AMOUNTAggregate Revolving Committed Amount")) for the purposes hereinafter set forth; PROVIDEDprovided, FURTHERhowever, that (Ai) with regard to each Lender individually, the aggregate principal amount of such Lender's Revolving Commitment Percentage of outstanding Revolving Loans plus such Lender's Revolving Commitment Percentage of outstanding Swingline Loans plus such Lender's LOC Commitment Percentage of LOC Obligations shall not exceed such Lender's Revolving Commitment Percentage of the Revolving Committed Amount, Amount and (Bii) with regard to the sum of Lenders collectively, the aggregate outstanding principal amount of the outstanding Revolving Loans PLUS plus outstanding Swingline Loans plus LOC Obligations PLUS Swingline Loans shall not exceed the Aggregate Revolving Committed Amount. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Alternate Base Rate Loans or Eurodollar LIBOR Rate Loans, or a combination thereof, as the Borrower may request; PROVIDED, HOWEVER, that no more than 15 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof; provided, however, Revolving Loans made on the Closing Date or on any of the three Business Days following the Closing Date may only consist of Alternate Base Rate Loans. LIBOR Rate Loans shall be made by each Lender at its LIBOR Lending Office and Alternate Base Rate Loans at its Domestic Lending Office.
Appears in 1 contract
Samples: Credit Agreement (MPS Group Inc)
Revolving Commitment. Subject During the Commitment Period, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Revolving Lender severally severally, but not jointly, agrees to make available revolving credit loans in Dollars (“Revolving Loans”) to the Borrower such Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANS") from time to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDED, HOWEVER, that the sum of the in an aggregate outstanding principal amount of Revolving Loans shall not exceed ONE HUNDRED up to TEN MILLION DOLLARS ($100,000,00010,000,000) (as such aggregate maximum amount may be reduced from time to time as provided in Section 3.42.6, the "REVOLVING COMMITTED AMOUNT")“Revolving Committed Amount”) for the purposes hereinafter set forth; PROVIDEDprovided, FURTHERhowever, that (Ai) with regard to each Revolving Lender individually, the sum of such Revolving Lender's outstanding Revolving Loans shall not exceed such Lender's ’s Revolving Commitment Percentage of the aggregate principal amount of outstanding Revolving Committed Amount, Loans plus such Revolving Lender’s Revolving Commitment Percentage of outstanding Swingline Loans plus such Revolving Lender’s Revolving Commitment Percentage of outstanding LOC Obligations shall not exceed such Revolving Lender’s Revolving Commitment and (Bii) with regard to the Revolving Lenders collectively, the sum of the aggregate outstanding principal amount of outstanding Revolving Loans PLUS plus outstanding Swingline Loans plus outstanding LOC Obligations PLUS Swingline Loans shall not exceed the Revolving Committed AmountAmount then in effect. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Alternate Base Rate Loans or Eurodollar LIBOR Rate Loans, or a combination thereof, as the Borrower may request; PROVIDED, HOWEVER, that no more than 15 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof; provided, however, the Revolving Loans made on the Closing Date or any of the three (3) Business Days following the Closing Date, may only consist of Alternate Base Rate Loans unless the Borrower delivers a funding indemnity letter (which shall provide that the Borrower shall agree to be bound by the terms of Section 2.15(a) (or provisions similar thereto) with respect to such requested borrowing as if such Section 2.15(a) were in effect on the date of such letter and shall otherwise be reasonably acceptable to the Administrative Agent) not less than three (3) Business Days prior to the Closing Date. LIBOR Rate Loans shall be made by each Revolving Lender at its LIBOR Lending Office and Alternate Base Rate Loans at its Domestic Lending Office.
Appears in 1 contract
Revolving Commitment. Subject During the Commitment Period, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Revolving Lender severally agrees to make available revolving credit loans in Dollars and Foreign Currencies (“Revolving Loans”) to the Borrower such Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANS") from time to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDED, HOWEVER, that the sum in an aggregate principal Dollar Amount of the aggregate outstanding principal amount of Revolving Loans shall not exceed up to ONE HUNDRED AND SEVENTY-FIVE MILLION DOLLARS ($100,000,000175,000,000) (as such aggregate maximum amount may be reduced from time to time as provided in this Section 3.42.01 or in Section 2.09, the "REVOLVING COMMITTED AMOUNT")“Aggregate Revolving Committed Amount”) for the purposes hereinafter set forth; PROVIDEDprovided, FURTHERhowever, that (i) the then-current Aggregate Revolving Committed Amount shall be reduced by FIFTY MILLION DOLLARS ($50,000,000) upon the earlier to occur of (A) the receipt by the Borrower or any of its Subsidiaries of the Asset Sale Tax Refund and (B) September 15, 2004; (ii) the aggregate principal Dollar Amount (determined as of the most recent Revaluation Date) of Revolving Loans outstanding at any time which are denominated in Foreign Currencies shall not exceed the Multicurrency Committed Amount at any time; (iii) with regard to each Revolving Lender individually, the aggregate principal Dollar Amount (determined as of the most recent Revaluation Date) of such Revolving Lender's ’s Revolving Commitment Percentage of outstanding Revolving Loans plus such Revolving Lender’s Revolving Commitment Percentage of outstanding Swingline Loans plus such Revolving Lender’s Revolving Commitment Percentage of LOC Obligations shall not exceed such Revolving Lender's Revolving Commitment Percentage of the ’s Revolving Committed Amount, ; and (Biv) with regard to the sum Revolving Lenders collectively, the aggregate principal Dollar Amount (determined as of the aggregate most recent Revaluation Date) of the outstanding principal amount of Revolving Loans PLUS plus outstanding Swingline Loans plus LOC Obligations PLUS Swingline Loans shall not exceed the Aggregate Revolving Committed AmountAmount then in effect. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Alternate Base Rate Loans or Eurodollar LIBOR Rate Loans, or a combination thereof, as the Borrower may request; PROVIDED, HOWEVER, that no more than 15 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof; provided, however, (A) Revolving Loans denominated in Foreign Currencies shall consist solely of LIBOR Rate Loans and (B) Revolving Loans made on the Closing Date or on any of the three Business Days following the Closing Date may only consist of Alternate Base Rate Loans unless the Borrower executes a funding indemnity letter in form and substance satisfactory to the Administrative Agent. LIBOR Rate Loans shall be made by each Revolving Lender at its LIBOR Lending Office and Alternate Base Rate Loans at its Domestic Lending Office.
Appears in 1 contract
Samples: Credit Agreement (Tredegar Corp)
Revolving Commitment. Subject During the Commitment Period, subject to the terms and conditions hereof and hereof, the Revolving Lenders severally in reliance upon the representations and warranties set forth hereinaccordance with their Revolving Commitment Percentages, each Lender severally agrees but not jointly, agree to make available revolving credit loans ("Revolving Loans") to the Borrower such Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANS") from time to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDED, HOWEVER, that the sum of the in an aggregate outstanding principal amount of Revolving Loans shall not exceed ONE HUNDRED up to FIFTEEN MILLION DOLLARS ($100,000,00015,000,000) (as such aggregate maximum amount may be increased as provided in Section 2.5 or reduced from time to time as provided in Section 3.42.7, the "REVOLVING COMMITTED AMOUNTAggregate Revolving Committed Amount")) for the purposes hereinafter set forth; PROVIDEDprovided, FURTHERhowever, that (Ai) with regard to each Revolving Lender individually, the sum of such Lender's outstanding Revolving Loans shall not exceed such Lender's Revolving Commitment Percentage of outstanding Revolving Loans plus such Revolving Lender's Revolving Commitment Percentage of outstanding Swingline Loans plus such Revolving Lender's LOC Commitment Percentage of LOC Obligations shall not exceed the lesser of: (x) such Revolving Lender's Revolving Committed AmountAmount and (y) such Revolving Lender's Revolving Commitment Percentage multiplied by the Borrowing Base, and (Bii) with regard to the Revolving Lenders collectively, the sum of the aggregate outstanding principal amount of Revolving Loans PLUS plus outstanding Swingline Loans plus LOC Obligations PLUS Swingline Loans shall not exceed the lesser of: (x) the Aggregate Revolving Committed Amount. The initial advance of ; and (y) the Borrowing Base and (iii) no Revolving Loans may be borrowed on the Closing Date; provided further, however, that until such time after the Second Amendment Closing Date as the Credit Parties' Fixed Charge Coverage Ratio (calculated based upon the financial statements delivered pursuant to Section 5.1 hereof) equals or exceeds 1.25:1.0: (i) with regard to each Revolving Lender individually, the sum of such Revolving Lender's Revolving Commitment Percentage of outstanding Revolving Loans plus such Revolving Lender's Revolving Commitment Percentage of outstanding Swingline Loans plus such Revolving Lender's LOC Commitment Percentage of LOC Obligations shall consist solely not exceed the lesser of: (x) such Revolving Lender's Revolving Commitment Percentage multiplied by $12,500,000 and (y) such Revolving Lender's Revolving Commitment Percentage multiplied by the Borrowing Base, and (ii) with regard to the Revolving Lenders collectively, the sum of Base Rate Loansthe outstanding Revolving Loans plus outstanding Swingline Loans plus LOC Obligations shall not exceed the lesser of: (x) $12,500,000; and (y) the Borrowing Base. Thereafter, Revolving Loans may consist of Alternate Base Rate Loans or Eurodollar LIBOR Rate Loans, or a combination thereof, as the Borrower may request; PROVIDED, HOWEVER, that no more than 15 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof. LIBOR Rate Loans shall be made by each Revolving Lender at its LIBOR Lending Office and Alternate Base Rate Loans at its Domestic Lending Office.
Appears in 1 contract
Revolving Commitment. Subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth herein, each Lender severally agrees to make available to the Borrower such Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANS"“Revolving Loans”) up to such Lender’s Revolving Commitment from time to time from the Closing Date until the Maturity Termination Date, or such earlier date as the Revolving Commitments shall have been terminated as provided hereinherein for the purposes hereinafter set forth; PROVIDEDprovided, HOWEVERhowever, that the sum of the aggregate outstanding principal amount of outstanding Revolving Loans shall not exceed ONE SEVEN HUNDRED FIFTY MILLION DOLLARS ($100,000,000750,000,000) (as such aggregate maximum amount may be reduced increased from time to time as provided in Section 3.4, ) (the "REVOLVING COMMITTED AMOUNT"“Revolving Committed Amount”); PROVIDEDprovided, FURTHERfurther, (A) with regard to each Lender individually, amount of such Lender's ’s outstanding Revolving Loans, and pro rata share of Swingline Loans shall not exceed such Lender's ’s Revolving Commitment Percentage of the Revolving Committed AmountCommitment, and (Bii) with regard to the Lenders collectively, the sum of the aggregate outstanding principal amount of outstanding Revolving Loans PLUS LOC Obligations PLUS plus the aggregate principal amount of outstanding Swingline Loans shall not at any time exceed the Revolving Committed Amount. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Base Rate Loans or Eurodollar Loans, or a combination thereof, as the Borrower may request, and may be repaid and reborrowed in accordance with the provisions hereof; PROVIDEDprovided, HOWEVERhowever, that no more than 15 borrowings of five (5) Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for time. For purposes hereof, borrowings of Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new borrowing of Eurodollar Loan Loans with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof. Notwithstanding the foregoing, the Borrower may not request any Loans hereunder while a Change of Control Standstill Period shall be in effect pursuant to Section 3.4(e) hereof.
Appears in 1 contract
Revolving Commitment. Subject Prior to the Commitment Termination Date, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Lender severally agrees to make available revolving credit loans in Dollars or in any Alternative Lending Currency ("Revolving Loans") to the Borrower such Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANS") from time to time from for the Closing Date until the Maturity Datepurposes hereinafter set forth; provided that (i) with regard to each Lender individually, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDED, HOWEVER, that the sum of such Lender's share of the aggregate outstanding principal amount Outstanding Amount of Revolving Loans plus such Lender's Commitment Percentage of the Outstanding Amount of Swingline Loans plus such Lender's Commitment Percentage of the Outstanding Amount of LOC Obligations shall not exceed such Lender's Commitment Percentage of the aggregate Committed Amount, and (ii) with regard to the Lenders collectively, the Advances Outstanding shall not exceed the aggregate Committed Amount then in effect. For purposes hereof, the aggregate Dollar Equivalent available hereunder shall be ONE BILLION FIVE HUNDRED MILLION SIXTY-FIVE Million DOLLARS ($100,000,0001,565,000,000) (as such aggregate maximum amount may be (w) increased from time to time as provided in Section 2.2 and (x) reduced from time to time as provided in Section 3.42.6, the "REVOLVING COMMITTED AMOUNTCommitted Amount"); PROVIDED, FURTHER, (A) with regard to each Lender individually, such Lender's outstanding Revolving provided that the Outstanding Amount of Loans and LOC Obligations denominated in Alternative Lending Currencies shall not at any given time exceed such Lender's Revolving Commitment Percentage 25% of the Revolving Committed Amount, and Amount (B) the sum of the aggregate outstanding principal amount of Revolving Loans PLUS LOC Obligations PLUS Swingline Loans shall not exceed the Revolving Committed Amount"Alternative Lending Currency Sub-Limit"). The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Base Rate Loans or Eurodollar Index Rate Loans, or a combination thereof, as the Borrower may request; PROVIDED, HOWEVER, that no more than 15 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof; provided that Revolving Loans denominated in (i) Dollars shall consist of U.S. Base Rate Loans or LIBOR Rate Loans, (ii) Canadian Dollars shall consist of Canadian Base Rate Loans or Canadian BA Rate Loans, (iii) Pounds Sterling shall consist of Sterling Base Rate Loans or LIBOR Rate Loans and (iv) Euro shall consist of Euro Base Rate Loans or EURIBOR Rate Loans. Loans shall be made by each Lender at its Applicable Lending Office.
Appears in 1 contract
Revolving Commitment. Subject During the Commitment Period, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Lender severally agrees to make available revolving credit loans (“Revolving Loans”) to the Borrower from time to time for the purposes hereinafter set forth; provided, however, that (i) with regard to each Lender individually, the sum of such Lender's ’s outstanding Revolving Loans plus such Lender’s LOC Commitment Percentage of LOC Obligations shall not exceed such Lender’s Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANS") from time to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDEDCommitted Amount and (ii) with regard to the Lenders collectively, HOWEVER, that the sum of the aggregate amount of outstanding Revolving Loans plus LOC Obligations shall not exceed the Revolving Committed Amount. For purposes hereof, the aggregate principal amount of Revolving Loans plus LOC Obligations that may be outstanding at any time under this Section 2.1(a) shall not exceed ONE THREE HUNDRED FIFTY MILLION DOLLARS ($100,000,000350,000,000) (as such aggregate maximum amount may be increased or reduced from time to time as provided in Section 3.42.4 or 2.21, the "REVOLVING COMMITTED AMOUNT"); PROVIDED, FURTHER, (A) with regard to each Lender individually, such Lender's outstanding Revolving Loans shall not exceed such Lender's Revolving Commitment Percentage of the “Revolving Committed Amount, and (B) the sum of the aggregate outstanding principal amount of Revolving Loans PLUS LOC Obligations PLUS Swingline Loans shall not exceed the Revolving Committed Amount”). The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Alternate Base Rate Loans, LIBOR Rate Loans or Eurodollar LIBOR Market Index Rate Loans, or a combination thereof, as the Borrower may request; PROVIDED, HOWEVER, that no more than 15 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof. LIBOR Rate Loans shall be made by each Lender at its LIBOR Lending Office and Alternate Base Rate Loans and LIBOR Market Index Rate Loans at its Domestic Lending Office.
Appears in 1 contract
Samples: Credit Agreement (Ruddick Corp)
Revolving Commitment. Subject During the Commitment Period, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Revolving Lender severally agrees to severally, but not jointly, shall make available revolving credit loans in Dollars (“Revolving Loans”) to the Borrower such Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANS") from time to time from in an aggregate principal amount not at any time exceeding the Closing Date until the Maturity Date, or such earlier date as the total of Revolving Commitments of all the Lenders, which amount on the Amendment No. 2 Effective Date shall have been terminated as provided herein; PROVIDED, HOWEVER, that the sum of the aggregate outstanding principal amount of Revolving Loans shall not exceed equal ONE BILLION TWO HUNDRED MILLION DOLLARS ($100,000,0001,200,000,000) (as increased from time to time as provided in Section 2.22 and as such aggregate maximum amount may be reduced from time to time as provided in Section 3.42.6, the "REVOLVING COMMITTED AMOUNT"“Revolving Committed Amount”) for the purposes hereinafter set forth (the “Revolving Facility”); PROVIDEDprovided, FURTHERhowever, that from the Amendment No. 3 Effective Date through September 30, 2021, the aggregate amount of undrawn Revolving Commitments shall be at least $300,000,000 at all times; provided, further, that (Ai) with regard to each Revolving Lender individually, the sum of such Revolving Lender's outstanding Revolving Loans shall not exceed such Lender's ’s Revolving Commitment Percentage of the aggregate principal amount of outstanding Revolving Committed Amount, Loans plus such Revolving Lender’s Revolving Commitment Percentage of the outstanding principal amount of the LOC Obligations shall not exceed such Revolving Lender’s Revolving Commitment and (Bii) with regard to the Revolving Lenders collectively, the sum of the aggregate outstanding principal amount of outstanding Revolving Loans PLUS plus the aggregate principal amount of outstanding LOC Obligations PLUS Swingline Loans shall not exceed the Revolving Committed AmountAmount then in effect. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Alternate Base Rate Loans or Eurodollar LIBOR Rate Loans, or a combination thereof, as the Borrower may request; PROVIDED, HOWEVER, that no more than 15 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof; provided, however, the Revolving Loans made on the Closing Date or any of the three (3) Business Days following the Closing Date, may only consist of Alternate Base Rate Loans unless the Borrower delivers a funding indemnity letter, substantially in the form of Exhibit 2.1(a), reasonably acceptable to the Administrative Agent on or before the Closing Date, in which case LIBOR Rate Loans are available to the Borrower. LIBOR Rate Loans shall be made by each Revolving Lender at its LIBOR Lending Office and Alternate Base Rate Loans at its Domestic Lending Office.
Appears in 1 contract
Samples: Credit Agreement (Mednax, Inc.)
Revolving Commitment. Subject During the Commitment Period, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Revolving Lender severally severally, but not jointly, agrees to make available revolving credit loans in Dollars (“Revolving Loans”) to the Borrower such Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANS") from time to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDED, HOWEVER, that the sum of the in an aggregate outstanding principal amount of Revolving Loans shall not exceed ONE HUNDRED up to FIFTY MILLION DOLLARS ($100,000,00050,000,000) (as such aggregate maximum amount may be reduced from time to time as provided in Section 3.42.6, the "REVOLVING COMMITTED AMOUNT"“Revolving Committed Amount”) for the purposes hereinafter set forth (such facility, the “Revolving Facility”); PROVIDEDprovided, FURTHERhowever, that (Ai) with regard to each Revolving Lender individually, the sum of such Revolving Lender's outstanding Revolving Loans shall not exceed such Lender's ’s Revolving Commitment Percentage of the aggregate principal amount of outstanding Revolving Committed Amount, Loans plus such Revolving Lender’s Revolving Commitment Percentage of outstanding LOC Obligations shall not exceed such Revolving Lender’s Revolving Commitment and (Bii) with regard to the Revolving Lenders collectively, the sum of the aggregate outstanding principal amount of outstanding Revolving Loans PLUS plus outstanding LOC Obligations PLUS Swingline Loans shall not exceed the Revolving Committed AmountAmount then in effect. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Alternate Base Rate Loans or Eurodollar LIBOR Rate Loans, or a combination thereof, as the Borrower may request; PROVIDED, HOWEVER, that no more than 15 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof; provided, however, the Revolving Loans made on the Closing Date or any of the three (3) Business Days following the Closing Date, may only consist of Alternate Base Rate Loans unless the Borrower delivers a funding indemnity letter, substantially in the form of Exhibit 2.1(a), reasonably acceptable to the Administrative Agent not less than three (3) Business Days prior to the Closing Date. LIBOR Rate Loans shall be made by each Revolving Lender at its LIBOR Lending Office and Alternate Base Rate Loans at its Domestic Lending Office.
Appears in 1 contract
Revolving Commitment. Subject During the Commitment Period, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Lender severally agrees to make available revolving credit loans (“Revolving Loans”) to the Borrower such Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANS") from time to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDED, HOWEVER, that the sum of the in an aggregate outstanding principal amount of Revolving Loans shall not exceed ONE up to EIGHT HUNDRED MILLION DOLLARS ($100,000,000800,000,000) (as such aggregate maximum amount may be reduced from time to time as provided in Section 3.42.6, the "REVOLVING COMMITTED AMOUNT")“Aggregate Revolving Committed Amount”) for the purposes hereinafter set forth; PROVIDEDprovided, FURTHERhowever, that (Ai) with regard to each Lender individually, the sum of such Lender's ’s share of outstanding Revolving Loans plus such Lender’s Commitment Percentage of outstanding Swingline Loans plus such Lender’s Commitment Percentage of LOC Obligations shall not exceed such Lender's Revolving Commitment Percentage of the ’s Revolving Committed Amount, and (Bii) with regard to the Lenders collectively, the sum of the aggregate outstanding principal amount of Revolving Loans PLUS plus outstanding Swingline Loans plus LOC Obligations PLUS Swingline Loans shall not exceed the Aggregate Revolving Committed Amount. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Alternate Base Rate Loans or Eurodollar LIBOR Rate Loans, or a combination thereof, as the Borrower may request; PROVIDED, HOWEVER, that no more than 15 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof; provided, however, Revolving Loans made on the Closing Date or on any of the three Business Days following the Closing Date may only consist of Alternate Base Rate Loans unless the Borrower executes a funding indemnity letter in form and substance satisfactory to the Administrative Agent. LIBOR Rate Loans shall be made by each Lender at its LIBOR Lending Office and Alternate Base Rate Loans at its Domestic Lending Office.
Appears in 1 contract
Samples: Credit Agreement (West Corp)
Revolving Commitment. Subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth herein, each Lender severally agrees to make available to the Borrower such Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANS") from time to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDED, HOWEVER, that (i) with regard to the sum of Lenders collectively, the aggregate outstanding principal amount of Revolving Loans Obligations outstanding shall not exceed ONE the lesser of (A) FIVE HUNDRED FIFTY MILLION DOLLARS ($100,000,000550,000,000) (as such aggregate maximum amount may be reduced from time to time as provided in Section 3.4, the "REVOLVING COMMITTED AMOUNT")) and (B) the Borrowing Base LESS the outstanding Term Loan; PROVIDED, FURTHER, (Aii) with regard to each Lender individually, such Lender's outstanding Revolving Loans shall not exceed the amount of such Lender's Revolving Commitment Percentage of the Revolving Committed Amount, and (B) the sum of the aggregate outstanding principal amount of Revolving Loans PLUS LOC Obligations PLUS Swingline Loans outstanding shall not exceed the such Lender's Revolving Committed Amount. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Base Rate Loans or Eurodollar Loans, or a combination thereof, as the Borrower may request; PROVIDED, HOWEVER, that no more than 15 ten (10) Eurodollar Loans shall be outstanding hereunder at any time time, of which no more than seven (7) of such Eurodollar Loans shall be Revolving Loans (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof.
Appears in 1 contract
Revolving Commitment. Subject During the Commitment Period, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Revolving Lender severally severally, but not jointly, agrees to make available to the Borrower such Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower (“Revolving Loans”) (x) in Dollars ("REVOLVING LOANS") to the Company from time to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDED, HOWEVER, that the sum of the in an aggregate outstanding principal amount of Revolving Loans shall not exceed ONE up to FIVE HUNDRED MILLION DOLLARS ($100,000,000500,000,000) (as such aggregate maximum amount may be reduced from time to time as provided in Section 3.42.6 or increased pursuant to Section 2.22, the "REVOLVING COMMITTED AMOUNT")“Revolving Committed Amount”) for the purposes hereinafter set forth (such facility, the “Revolving Facility”) and (y) in Dollars and in Foreign Currencies to the Company or any Foreign Borrower from time to time in an aggregate principal amount not to exceed the Foreign Currency Sublimit; PROVIDEDprovided, FURTHERhowever, that (Ai) with regard to each Revolving Lender individually, the sum of such Revolving Lender's ’s Revolving Commitment Percentage of the aggregate principal amount of outstanding Revolving Loans plus such Revolving Lender’s Revolving Commitment Percentage of outstanding Swingline Loans plus such Revolving Lender’s Revolving Commitment Percentage of outstanding LOC Obligations plus such Revolving Lender’s Revolving Commitment Percentage of outstanding Additional Alternative Currency Loans shall not exceed such Revolving Lender's ’s Revolving Commitment Percentage of Commitment, (ii) with regard to the Revolving Committed AmountLenders collectively, and (B) the sum of the aggregate outstanding principal amount of outstanding Revolving Loans PLUS plus outstanding Swingline Loans plus outstanding LOC Obligations PLUS Swingline plus outstanding Additional Alternative Currency Loans shall not exceed the Revolving Committed Amount. The initial advance Amount then in effect and (iii) the aggregate principal amount of the outstanding Revolving Loans on denominated in a Foreign Currency plus outstanding Additional Alternative Currency Loans plus outstanding LOC Obligations with respect to Letters of Credit denominated in a Foreign Currency plus outstanding obligations in respect of Swingline Loans denominated in a Foreign Currency, shall not exceed the Closing Date shall consist solely of Base Rate LoansForeign Currency Sublimit. Thereafter, Revolving Loans may consist of Alternate Base Rate Loans or Eurodollar Loans, Eurocurrency Loans, or a combination thereof, as the applicable Borrower may request; PROVIDED, HOWEVER, that no more than 15 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions mayrequest and, in accordance with the provisions hereofeach case, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof; provided that (A) Revolving Loans denominated in Euros may consist of only EURIBOR Market Index Rate Loans or EURIBOR Rate Loans, (B) Revolving Loans denominated in British Pounds Sterling or Alternative Currencies may consist of only LIBOR Market Index Rate Loans or LIBOR Rate Loans, (C) Revolving Loans denominated in Dollars may consist of only Alternate Base Rate Loans, LIBOR Market Index Rate Loans or LIBOR Rate Loans and (D) unless otherwise agreed to by the Administrative Agent in its sole discretion, Revolving Loans made on the Restatement Effective Date or any of the three (3) Business Days following the Restatement Effective Date may only consist of Alternate Base Rate Loans unless the applicable Borrower delivers a funding indemnity letter in form and substance reasonably acceptable to the Administrative Agent not less than three (3) Business Days prior to the Restatement Effective Date. Eurocurrency Loans shall be made by each Revolving Lender at its Eurocurrency Lending Office and Alternate Base Rate Loans at its Domestic Lending Office. Notwithstanding the foregoing, the aggregate principal amount of Revolving Loans made on the Restatement Effective Date in order to finance the Transactions shall not exceed $235,000,000.
Appears in 1 contract
Samples: Credit Agreement (Itron Inc /Wa/)
Revolving Commitment. Subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth herein, each Lender severally agrees to make available to the Borrower such Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANS"“Revolving Loans”) up to such Lender’s Revolving Commitment from time to time from the Closing Date until the Maturity Termination Date, or such earlier date as the Revolving Commitments shall have been terminated as provided hereinherein for the purposes hereinafter set forth; PROVIDEDprovided, HOWEVERhowever, that the sum of the aggregate outstanding principal amount of outstanding Revolving Loans shall not exceed ONE BILLION TWO HUNDRED AND FIFTY MILLION DOLLARS ($100,000,0001,250,000,000.00) (as such aggregate maximum amount may be reduced or increased from time to time as provided in Section 3.4, the "REVOLVING COMMITTED AMOUNT"“Revolving Committed Amount”); PROVIDEDprovided, FURTHERfurther, (Ai) with regard to each Lender individually, the aggregate amount of such Lender's ’s outstanding Revolving Loans, pro rata share of Swingline Loans and pro rata share of L/C Obligations shall not exceed such Lender's ’s Revolving Commitment Percentage of the Revolving Committed AmountCommitment, and (Bii) with regard to the Lenders collectively, the sum of the aggregate outstanding principal amount of outstanding Revolving Loans PLUS LOC Obligations PLUS plus the aggregate principal amount of outstanding Swingline Loans plus the L/C Obligations outstanding shall not at any time exceed the Revolving Committed Amount. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Base Rate Loans or Eurodollar Loans, or a combination thereof, as the Borrower may request, and may be repaid and reborrowed in accordance with the provisions hereof; PROVIDEDprovided, HOWEVERhowever, that no more than 15 borrowings of fifteen (15) Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for time. For purposes hereof, borrowings of Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new borrowing of Eurodollar Loan Loans with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof. Notwithstanding the foregoing, the Borrower may not request any Loans hereunder while a Change of Control Standstill Period shall be in effect pursuant to Section 3.4(e) hereof.
Appears in 1 contract
Samples: Credit Agreement (Autozone Inc)
Revolving Commitment. Subject to the terms and conditions -------------------- hereof and in reliance upon the representations and warranties set forth herein, each Lender severally agrees to make available to the Borrower such Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANSRevolving Loans") from time to time from the Closing --------------- Date until the Maturity Termination Date, or such earlier date as the Revolving Commitments shall have been terminated as provided hereinherein for the purposes hereinafter set forth; PROVIDEDprovided, HOWEVERhowever, that the sum of the aggregate outstanding -------- ------- principal amount of outstanding Revolving Loans shall not exceed ONE TWO HUNDRED TWENTY MILLION DOLLARS ($100,000,000220,000,000.00) (as such aggregate maximum amount may be reduced from time to time as provided in Section 3.4, the "REVOLVING COMMITTED AMOUNTRevolving Committed Amount"); PROVIDEDprovided, FURTHERfurther, (Ai) with regard to each --------------------------- -------- ------- Lender individually, the aggregate principal amount of such Lender's outstanding Revolving Loans plus such Lender's participation interests in ---- Letters of Credit plus such Lender's participation interests in the ---- Swingline Loans shall not exceed such Lender's Revolving Commitment Percentage of the Revolving Committed Amount, and (Bii) with regard to the sum of Lenders collectively, the aggregate outstanding principal amount of outstanding Revolving Loans PLUS LOC Obligations PLUS plus the aggregate principal amount of outstanding Swingline Loans plus LOC ---- ---- Obligations outstanding shall not exceed the Revolving Committed Amount. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Base Rate Loans or Eurodollar Loans, or a combination thereof, as the Borrower may request, and may be repaid and reborrowed in accordance with the provisions hereof; PROVIDEDprovided, HOWEVERhowever, -------- ------- that no more than 15 5 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for time. For purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof.
Appears in 1 contract
Revolving Commitment. Subject During the Commitment Period, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Revolving Lender severally severally, but not jointly, agrees to make available revolving credit loans in Dollars (“Revolving Loans”) to the Borrower such Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANS") from time to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDED, HOWEVER, that the sum of the in an aggregate outstanding principal amount of Revolving Loans shall not exceed ONE up to FIVE HUNDRED TWENTY-FIVE MILLION DOLLARS ($100,000,000525,000,000) (as increased from time to time as provided in Section 2.1(f) and as such aggregate maximum amount may be reduced from time to time as provided in Section 3.42.6, the "REVOLVING COMMITTED AMOUNT")“Revolving Committed Amount”) for the purposes hereinafter set forth; PROVIDEDprovided, FURTHERhowever, that (Ai) with regard to each Revolving Lender individually, the sum of such Revolving Lender's ’s Commitment Percentage of the aggregate principal amount of outstanding Revolving Loans plus such Revolving Lender’s Commitment Percentage of outstanding Swingline Loans plus such Revolving Lender’s Commitment Percentage of outstanding LOC Obligations shall not exceed such Revolving Lender's ’s Revolving Commitment Percentage of and (ii) with regard to the Revolving Committed AmountLenders collectively, and (B) the sum of the aggregate outstanding principal amount of outstanding Revolving Loans PLUS plus outstanding Swingline Loans plus outstanding LOC Obligations PLUS Swingline Loans shall not exceed the Revolving Committed AmountAmount then in effect. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Alternate Base Rate Loans or Eurodollar LIBOR Rate Loans, or a combination thereof, as the Borrower may request; PROVIDED, HOWEVER, that no more than 15 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof; provided, however, the Revolving Loans made on the Closing Date or any of the three (3) Business Days following the Closing Date, may only consist of Alternate Base Rate Loans unless the Borrower delivers a funding indemnity letter, substantially in the form of Exhibit 2.1(a), reasonably acceptable to the Administrative Agent not less than three (3) Business Days prior to the Closing Date. LIBOR Rate Loans shall be made by each Revolving Lender at its LIBOR Lending Office and Alternate Base Rate Loans at its Domestic Lending Office.
Appears in 1 contract
Samples: Credit Agreement (Osi Systems Inc)
Revolving Commitment. Subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth herein, each Lender severally agrees to make available to the Borrower Borrowers such Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower Borrowers in Dollars ("REVOLVING LOANSRevolving Loans") from time to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided hereinherein for the purposes hereinafter set forth; PROVIDEDprovided, HOWEVERhowever, that the sum of the aggregate outstanding principal amount of outstanding Revolving Loans shall not exceed ONE SIX HUNDRED MILLION DOLLARS ($100,000,000600,000,000) (as such aggregate maximum amount may be reduced from time to time as provided in Section 3.4, the "REVOLVING COMMITTED AMOUNTRevolving Committed Amount"); PROVIDEDprovided, FURTHERfurther, (Ai) with regard to each Lender individually, such Lender's outstanding Revolving Loans shall not exceed such Lender's Revolving Commitment Percentage of the Revolving Committed Amount, and (Bii) with regard to the sum of Lenders collectively, the aggregate outstanding principal amount of outstanding Revolving Loans PLUS plus the aggregate principal amount of outstanding Competitive Loans plus the aggregate principal amount of outstanding Swingline Loans plus LOC Obligations PLUS Swingline Loans outstanding shall not exceed the Revolving Committed Amount. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Base Rate Loans or Eurodollar Loans, or a combination thereof, as the Borrower Borrowers may request, and may be repaid and reborrowed in accordance with the provisions hereof; PROVIDEDprovided, HOWEVERhowever, that no more than 15 ten (10) Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for time. For purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof.
Appears in 1 contract
Revolving Commitment. Subject During the Commitment Period, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Lender severally agrees to make available revolving credit loans ("Revolving Loans") to the Borrower such Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANS") from time to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDED, HOWEVER, that the sum of the in an aggregate outstanding principal amount of Revolving Loans shall not exceed ONE up to FOUR HUNDRED MILLION DOLLARS ($100,000,000400,000,000) (as such aggregate maximum amount may be reduced from time to time as provided in Section 3.42.6, the "REVOLVING COMMITTED AMOUNTAggregate Revolving Committed Amount")) for the purposes hereinafter set forth; PROVIDEDprovided, FURTHERhowever, that (Ai) with regard to each Lender individually, the sum of such Lender's share of outstanding Revolving Loans plus such Lender's Commitment Percentage of outstanding Swingline Loans plus such Lender's Commitment Percentage of LOC Obligations shall not exceed such Lender's Revolving Commitment Percentage of the Revolving Committed Amount, and (Bii) with regard to the Lenders collectively, the sum of the aggregate outstanding principal amount of Revolving Loans PLUS plus outstanding Swingline Loans plus LOC Obligations PLUS Swingline Loans shall not exceed the Aggregate Revolving Committed Amount. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Alternate Base Rate Loans or Eurodollar LIBOR Rate Loans, or a combination thereof, as the Borrower may request; PROVIDED, HOWEVER, that no more than 15 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof; provided, however, Revolving Loans made on the Closing Date or on any of the three Business Days following the Closing Date may only consist of Alternate Base Rate Loans unless the Borrower executes a funding indemnity letter in form and substance satisfactory to the Administrative Agent. LIBOR Rate Loans shall be made by each Lender at its LIBOR Lending Office and Alternate Base Rate Loans at its Domestic Lending Office.
Appears in 1 contract
Samples: Credit Agreement (West Corp)
Revolving Commitment. Subject During the Commitment Period, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Lender severally agrees to make available revolving credit loans ("Revolving Loans") to the Borrower such Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANS") from time to time from for the Closing Date until the Maturity Datepurposes hereinafter set forth; provided, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDED, HOWEVERhowever, that (i) with regard to each Lender individually, the sum of such Lender's share of outstanding Revolving Loans plus such Lender's Commitment Percentage of Swingline Loans shall not exceed such Lender's Commitment Percentage of the aggregate Revolving Committed Amount as set forth in Schedule 2.1(a), and (ii) with regard to the Lenders collectively, the sum of the aggregate outstanding principal amount of outstanding Revolving Loans plus Swingline Loans shall not exceed the lesser of (A) the Revolving Committed Amount and (B) the Borrowing Base. For purposes hereof, the aggregate amount available hereunder shall be ONE HUNDRED FIFTY MILLION DOLLARS ($100,000,000150,000,000) (as such aggregate maximum amount may be reduced from time to time as provided in Section 3.42.3, the "REVOLVING COMMITTED AMOUNT"); PROVIDED, FURTHER, (A) with regard to each Lender individually, such Lender's outstanding Revolving Loans shall not exceed such Lender's Revolving Commitment Percentage of the Revolving Committed Amount, and (B) the sum of the aggregate outstanding principal amount of Revolving Loans PLUS LOC Obligations PLUS Swingline Loans shall not exceed the Revolving Committed Amount"). The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Alternate Base Rate Loans or Eurodollar LIBOR Rate Loans, or a combination thereof, as the Borrower may request; PROVIDED, HOWEVER, that no more than 15 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof. LIBOR Rate Loans shall be made by each Lender at its LIBOR Lending Office and Alternate Base Rate Loans at its Domestic Lending Office.
Appears in 1 contract
Samples: Credit Agreement (Dimon Inc)
Revolving Commitment. Subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth herein, each Lender severally agrees to make available to the Borrower such Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANSRevolving Loans") from time to time from the Closing Effective Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDEDprovided, HOWEVERthat, that the sum of the aggregate outstanding principal amount of outstanding Revolving Loans shall not at any time exceed ONE HUNDRED an amount equal to THIRTY FIVE MILLION AND NO/100 DOLLARS ($100,000,00035,000,000.00) (as such aggregate maximum amount may be reduced from time to time as provided in Section 3.4, the "REVOLVING COMMITTED AMOUNTRevolving Committed Amount"); PROVIDEDprovided, FURTHERfurther, (A) with regard to each Lender individually, that such Lender's outstanding Revolving Loans shall not at any time exceed such Lender's Revolving Commitment Percentage of the Revolving Committed Amount, and (B) the sum of the aggregate outstanding principal amount of Revolving Loans PLUS LOC Obligations PLUS Swingline Loans shall not exceed the Revolving Committed Amount. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Base Rate Loans or Eurodollar Loans, or a combination thereof, as the Borrower may request, and may be repaid and reborrowed in accordance with the provisions hereof; PROVIDEDprovided, HOWEVERthat, that no more than 15 six (6) Eurodollar Loans shall be outstanding hereunder under this Agreement at any time (it being understood that, for time. For purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions borrowings of Eurodollar Loans may, in accordance with the provisions hereof, be combined through extensions or conversions at the end of existing Interest Periods to constitute a single new Eurodollar Loan with a single the same Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereofof this Agreement.
Appears in 1 contract
Revolving Commitment. Subject to During the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinCommitment Period, each Revolving Lender severally agrees to make available to the Borrower such Lender's Revolving Commitment Percentage of revolving credit loans requested by (the Borrower “Committed Revolving Loans”) in Dollars and in Available Foreign Currencies on any Business Day to the requesting Borrower or Borrowers; provided that ("REVOLVING LOANS"i) from time with respect to time from the Closing Date until the Maturity Dateeach Borrower, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDED, HOWEVER, that the sum of the aggregate outstanding principal amount of Revolving Loans Obligations owing by such Borrower shall not exceed its Designated Borrowing Limit, (ii) with respect to the Revolving Lenders collectively, (A) the aggregate principal amount of Revolving Obligations shall not exceed ONE BILLION DOLLARS ($1,000,000,000) (as such amount may be increased or decreased in accordance with the provisions hereof, the “Aggregate Revolving Committed Amount”) and (B) the aggregate principal amount of Revolving Obligations in Foreign Currencies shall not exceed THREE HUNDRED MILLION DOLLARS ($100,000,000300,000,000) (as such aggregate maximum amount may be reduced from time to time as provided decreased in Section 3.4accordance with the provisions hereof, the "REVOLVING COMMITTED AMOUNT"“Aggregate Foreign Revolving Committed Amount”); PROVIDED, FURTHER, and (Aiii) with regard respect to each Revolving Lender individually, such Revolving Lender's outstanding Revolving Loans shall not exceed such Lender's ’s Revolving Commitment Percentage of the Committed Revolving Committed Amount, and (B) the sum of the aggregate outstanding principal amount of Revolving Loans PLUS LOC Obligations PLUS Swingline Loans shall not exceed the its respective Revolving Committed Amount. The initial advance of the Committed Revolving Loans on the Closing Date shall consist solely may be comprised of Base Rate Loans. Thereafter, Revolving Loans may consist of Base Eurocurrency Rate Loans or Eurodollar Loans, or a combination thereof, as the respective Borrower may request; PROVIDED, HOWEVER, that no more than 15 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions request and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof.
Appears in 1 contract
Samples: Bank Credit Agreement (Fresenius Medical Care AG & Co. KGaA)
Revolving Commitment. Subject During the Commitment Period, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Lender severally agrees to make available revolving credit loans in Dollars (the “Revolving Loans”) to the Borrower such Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANS") from time to time from in the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDED, HOWEVER, that the sum of the aggregate outstanding principal amount of such Lender’s Commitment Percentage of such Revolving Loans for the purposes hereinafter set forth; provided that (i) with regard to the Lenders collectively, the Total Outstandings at any time shall not exceed ONE HUNDRED MILLION DOLLARS the Aggregate Revolving Committed Amount, and ($100,000,000) (as such aggregate maximum amount may be reduced from time to time as provided in Section 3.4, the "REVOLVING COMMITTED AMOUNT"); PROVIDED, FURTHER, (Aii) with regard to each Lender individually, the aggregate principal amount of such Lender's outstanding Revolving Loans ’s Commitment Percentage of the Total Outstandings at any time shall not exceed such Lender's Revolving Commitment Percentage of the Revolving Committed Amount, and (B) the sum of the aggregate outstanding principal amount of Revolving Loans PLUS LOC Obligations PLUS Swingline Loans shall not exceed the ’s Revolving Committed Amount. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Alternate Base Rate Loans or Eurodollar LIBOR Rate Loans, or a combination thereof, as the Borrower may request; PROVIDED, HOWEVER, that no more than 15 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof. Revolving Loans made on the Closing Date or on any of the three (3) Business Days following the Closing Date may only consist of Alternate Base Rate Loans unless the Borrower executes a funding indemnity letter in form and substance satisfactory to the Administrative Agent. LIBOR Rate Loans shall be made by each Lender at its LIBOR Lending Office and Alternate Base Rate Loans at its Domestic Lending Office.
Appears in 1 contract
Revolving Commitment. Subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth herein, each Lender severally agrees to make available to the Borrower such Lender's Revolving Commitment ’s Applicable Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANS"“Revolving Loans”) from time to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDEDprovided, HOWEVERhowever, that (i) with regard to the sum Lenders collectively, the amount of the aggregate Revolving Obligations outstanding principal amount of Revolving Loans shall not exceed ONE HUNDRED MILLION DOLLARS ($100,000,000) (as such aggregate maximum amount may be reduced from time to time as provided in Section 3.4the Revolving Committed Amount; provided, the "REVOLVING COMMITTED AMOUNT"); PROVIDED, FURTHERfurther, (Aii) with regard to each Lender individually, such Lender's outstanding ’s Applicable Percentage of the sum of the Revolving Loans plus LOC Obligations outstanding plus Swingline Loans outstanding shall not exceed such Lender's ’s Revolving Commitment Percentage of the Revolving Committed Amount, and (B) the sum of the aggregate outstanding principal amount of Revolving Loans PLUS LOC Obligations PLUS Swingline Loans shall not exceed the Revolving Committed AmountCommitment. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Base Rate Loans or Eurodollar Loans, or a combination thereof, as the Borrower may request; PROVIDEDprovided, HOWEVERhowever, that no more than 15 ten Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof.
Appears in 1 contract
Revolving Commitment. Subject During the Commitment Period, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Lender severally agrees to make available revolving credit loans ("REVOLVING LOANS") to the Borrower from time to time for the purposes hereinafter set forth; PROVIDED, HOWEVER, that (i) with regard to each Lender individually, the sum of such Lender's share of outstanding Revolving Loans PLUS such Lender's Revolving Commitment Percentage of revolving credit loans requested by Swingline Loans PLUS such Lender's LOC Commitment Percentage of LOC Obligations shall not exceed such Lender's Revolving Commitment Percentage of the Borrower in Dollars aggregate Revolving Committed Amount, and ("REVOLVING LOANS"ii) from time with regard to time from the Closing Date until the Maturity DateLenders collectively, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDED, HOWEVER, that the sum of the aggregate outstanding principal amount of outstanding Revolving Loans PLUS Swingline Loans PLUS LOC Obligations shall not exceed ONE HUNDRED the lesser of (A) the Revolving Committed Amount and (B) the Borrowing Base. For purposes hereof, the aggregate amount available hereunder shall be FIFTEEN MILLION DOLLARS ($100,000,00015,000,000) (as such aggregate maximum amount may be reduced from time to time as provided in Section 3.42.6, the "REVOLVING COMMITTED AMOUNT"); PROVIDED, FURTHER, (A) with regard to each Lender individually, such Lender's outstanding Revolving Loans shall not exceed such Lender's Revolving Commitment Percentage of the Revolving Committed Amount, and (B) the sum of the aggregate outstanding principal amount of Revolving Loans PLUS LOC Obligations PLUS Swingline Loans shall not exceed the Revolving Committed Amount. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Alternate Base Rate Loans or Eurodollar LIBOR Rate Loans, or a combination thereof, as the Borrower may request; PROVIDED, HOWEVER, that no more than 15 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof. Notwithstanding any provision herein to the contrary, provided that each of the Lenders shall be able to provide LIBOR Rate Loans having an Interest Period of fourteen (14) days, (x) the initial LIBOR borrowings under Section 2.1 shall be made as LIBOR Rate Loans having an Interest Period of fourteen (14) days and (y) subsequent to such initial LIBOR Rate Loan borrowings but prior to the earlier to occur of (I) the closing of the initial syndication of the Commitment and (II) the sixtieth (60th) day following the Funding Date, all LIBOR Rate Loans under Section 2.1 shall be continued, at the Borrower's election, as LIBOR Rate Loans having an Interest Period of fourteen (14) days. All LIBOR Rate Loans having an Interest Period of fourteen (14) days shall bear interest at the same rate as LIBOR Rate Loans having an Interest Period of one month. LIBOR Rate Loans shall be made by each Lender at its LIBOR Lending Office and Alternate Base Rate Loans at its Domestic Lending Office.
Appears in 1 contract
Revolving Commitment. Subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth herein, each Lender severally agrees to make available to the Borrower such Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANSRevolving Loans") to the Borrowers from time to time from the Closing Date until the Maturity Termination Date, or such earlier date as the Revolving Commitments shall have been terminated as provided hereinherein for the purposes hereinafter set forth; PROVIDEDprovided, HOWEVERhowever, that the sum of the aggregate outstanding principal amount of outstanding Revolving Loans shall not exceed ONE the Revolving Committed Amount and; provided, further, (i) with regard to each Lender individually, such Lender's share of outstanding Loans shall not exceed such Lender's Revolving Commitment Percentage of the Revolving Committed Amount, (ii) with regard to the Lenders collectively, the aggregate principal amount of outstanding Obligations shall not exceed TWO HUNDRED FIFTY MILLION DOLLARS ($100,000,000250,000,000) (as such aggregate maximum amount may be reduced from time to time as provided in Section 3.4, the "REVOLVING COMMITTED AMOUNTRevolving Committed Amount"); PROVIDED, FURTHER, ) and (Aiii) with regard to each Lender individuallythe Lenders collectively, such Lender's outstanding Revolving Loans shall not exceed such Lender's Revolving Commitment Percentage of the Revolving Committed Amount, and (B) the sum of the aggregate outstanding principal amount of Revolving Loans PLUS LOC the Obligations PLUS Swingline Loans shall not exceed the Revolving Committed Amount. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Base Rate Loans or Eurodollar Loans, or a combination thereof, as the Borrower Borrowers may request, and may be repaid and reborrowed in accordance with the provisions hereof; PROVIDEDprovided, HOWEVERhowever, that no more than 15 six Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for time. For purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same datedate and have the same duration, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof.
Appears in 1 contract
Samples: Credit Agreement (Inex Corp)
Revolving Commitment. Subject To the extent any Revolving Loans (as defined below) are outstanding under the Original Credit Agreement on the Restatement Effective Date, such Revolving Loans shall be deemed to constitute Revolving Loans outstanding hereunder from and after the Restatement Effective Date. In addition, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth herein, each Revolving Lender severally agrees to make available to the Borrower such Revolving Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANSRevolving Loans") from time to time from the Closing Restatement Effective Date until the Revolving Loan Maturity Date, or such earlier date as on which the Revolving Commitments shall have been terminated as provided herein; PROVIDEDprovided, HOWEVERhowever, that (i) with regard to the sum of Lenders collectively, the aggregate outstanding principal amount of Revolving Loans the Obligations outstanding shall not at any time exceed ONE HUNDRED MILLION DOLLARS ($100,000,000) (as such aggregate maximum amount may be reduced from time to time as provided in Section 3.4, the "REVOLVING COMMITTED AMOUNT"); PROVIDED, FURTHER, lesser of (A) the Aggregate Committed Amount minus the Availability Reserve and (B) the Borrowing Base; and (ii) with regard to each Revolving Lender individually, the amount of such Revolving Lender's Revolving Commitment Percentage of the Revolving Obligations outstanding Revolving Loans shall not exceed such Revolving Lender's Revolving Commitment Percentage of the Revolving Committed Amount, and (B) Amount minus the sum of the aggregate outstanding principal amount of Revolving Loans PLUS LOC Obligations PLUS Swingline Loans shall not exceed the Revolving Committed AmountAvailability Reserve. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Base Rate Loans or Eurodollar Loans, or a combination thereof, as the Borrower may request; PROVIDEDprovided, HOWEVERhowever, that no more than 15 six Eurodollar Loans shall be outstanding hereunder under this Section 2.1 at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof."
Appears in 1 contract
Samples: Amended and Restated Credit Agreement (Prison Realty Trust Inc)