Revolving Credit. Subject to the terms and conditions of this Agreement, each Lender severally agrees to make Advances from time to time to the Borrower during the period from the date hereof to the Revolver Termination Date on a pro rata basis as to the total Borrowing requested by the Borrower on any day determined by such Lender's Applicable Commitment Percentage up to but not exceeding the Revolving Credit Commitment of such Lender, provided, however, that the Lenders will not be required and shall have no obligation to make any such Advance (i) so long as a Default or an Event of Default has occurred and is continuing or (ii) if the Agent has accelerated the maturity of any of the Notes as a result of an Event of Default; provided further, however, that immediately after giving effect to each such Advance, the aggregate principal amount of Revolving Credit outstandings shall not exceed the Total Revolving Credit Commitment. Within such limits and subject to the terms and conditions hereof, the Borrower may borrow, repay and reborrow under the Revolving Credit Facility on any Business Day from the Closing Date until, but (as to borrowings and reborrowings) not including, the Revolver Termination Date. All Advances shall be due and payable no later than the Revolver Termination Date. Each Advance shall, at the option of the Borrower, be a Base Rate Loan or a LIBOR Loan provided, however, that no LIBOR Loan having an Interest Period of 2, 3 or 6 months shall be made at any time in a principal amount of less than $1,250,000 and no LIBOR Loan having an Interest Period of 1 month shall be made at any time in a principal amount of less than $1,000,000.
Appears in 3 contracts
Samples: Loan Agreement (MKS Instruments Inc), Loan Agreement (MKS Instruments Inc), Loan Agreement (MKS Instruments Inc)
Revolving Credit. Subject 2.1.1 Except as provided in Section 2.1.2 hereof and subject to the terms and conditions of this Agreement, each Lender severally agrees to make Advances from time to time to the Borrower during the period from the date hereof to the Revolver Termination Date on a pro rata basis as to the total Borrowing requested by the Borrower on any day determined by such Lender's Applicable Commitment Percentage up to but not exceeding the Revolving Credit Commitment of such Lender, provided, however, that the Lenders will not be required and shall have no obligation to make any such Advance (i) so long as a Default or an Event of Default has occurred and is continuing or (ii) if the Agent has accelerated the maturity of any of the Notes as a result of an Event of Default; provided further, however, that immediately after giving effect to each such Advance, the aggregate principal amount of Revolving Credit outstandings Total Outstandings shall not exceed the Total Revolving Credit Commitment. Within such limits and subject to the terms and conditions hereof, the Borrower may borrow, repay and reborrow under the Revolving Credit Facility on any Business Day from the Closing Date until, but (as to borrowings and reborrowings) not including, the Revolver Termination Date. All Advances shall be due and payable no later than the Revolver Termination Date. Each Advance shall, at the option of the Borrower, be a Base Rate Loan or a LIBOR Loan provided, however, that no LIBOR Loan having an Interest Period of 2, 3 or 6 months shall be made at any time in a principal amount of less than $1,250,000 and no LIBOR Loan having an Interest Period of 1 one month shall be made at any time in a principal amount of less than $1,000,000.
Appears in 2 contracts
Samples: Credit Agreement (MKS Instruments Inc), Credit Agreement (MKS Instruments Inc)
Revolving Credit. Subject Until December 27, 2002, the Revolving Lenders severally agree to advance funds for general corporate purposes not to exceed the amount shown on Appendix I attached hereto, as amended from time to time (the "Base Revolving Credit Facility"), to the Borrower on a revolving credit basis. Such Advances shall be made on a pro rata basis by the Revolving Lenders, based on the maximum Advance limits and applicable percentages for each Revolving Lender as shown on Appendix I attached hereto, as amended from time to time; provided, however, that each Revolving Lender's Commitment is several and not joint or joint and several. The Borrower shall not be entitled to any Advance hereunder if, after the making of such Advance, the Principal Loan Amount would exceed the least of (x) the then current Base Revolving Credit Facility, or (y) one and one-half (1 -1/2) times the Borrower's Annualized Modified Cash Flow, or (z) the number of Core Retail Accounts times $200, determined in each case after giving effect to the requested Advance. Nor shall the Borrower be entitled to any further Advances hereunder after the occurrence and during the continuation of any Event of Default or any event which with the passage of time or the giving of notice or both would constitute an Event of Default, or if the Borrower's representations and warranties cease to be true and correct in all material respects at the time of the requested Advance. Advances shall be made, on the terms and conditions of this Agreement, each Lender severally agrees to make Advances from upon the Borrower's request. Requests shall be made by 12:00 noon Omaha time to time on the Business Day prior to the Borrower during requested date of the period from Advance. Requests shall be made by presentation to FNB-O of a drawing certificate in the date hereof to the Revolver Termination Date on a pro rata basis as to the total Borrowing requested by the Borrower on any day determined by such Lenderform of Exhibit B. The Borrower's Applicable Commitment Percentage up to but not exceeding the Revolving Credit Commitment of such Lender, provided, however, that the Lenders will not be required and shall have no obligation to make any such Advance (i) so long as a Default or an Event payments of Default has occurred principal and is continuing or (ii) if interest on the Agent has accelerated the maturity of any of the Notes as a result of an Event of Default; provided further, however, that immediately after giving effect to each such Advance, the aggregate principal amount of Revolving Credit outstandings shall not exceed the Total Revolving Credit Commitment. Within such limits and subject to the terms and conditions hereof, the Borrower may borrow, repay and reborrow under the Revolving Credit Facility on any Business Day from the Closing Date until, but (as to borrowings and reborrowings) not including, the Revolver Termination Date. All Advances foregoing revolving credit indebtedness shall be due and payable no later than further evidenced by the Revolver Termination Date. Each Advance shall, at the option of the Borrower, be a Base Rate Loan or a LIBOR Loan provided, however, that no LIBOR Loan having an Interest Period of 2, 3 or 6 months shall be made at any time in a principal amount of less than $1,250,000 and no LIBOR Loan having an Interest Period of 1 month shall be made at any time in a principal amount of less than $1,000,000Notes.
Appears in 1 contract
Samples: Revolving Credit Agreement (Ameritrade Holding Corp)
Revolving Credit. Subject Until December 27, 2002, the Revolving Lenders severally agree to advance funds for general corporate purposes not to exceed the amount shown on Appendix I attached hereto, as amended from time to time (the "Base Revolving Credit Facility"), to the Borrower on a revolving credit basis. Such Advances shall be made on a pro rata basis by the Revolving Lenders, based on the maximum Advance limits and applicable percentages for each Revolving Lender as shown on Appendix I attached hereto, as amended from time to time; provided, however, that each Revolving Lender's Commitment is several and not joint or joint and several. The Borrower shall not be entitled to any Advance hereunder if, after the making of such Advance, the Principal Loan Amount would exceed the least of (w) the then current Base Revolving Credit Facility, or (x) one and one-half (1 1/2) times the Borrower's Annualized Modified Cash Flow, or (y) the number of Core Retail Accounts times $200, or (z) seventy percent (70%) of the then current fair market value of the Pledged NITE Stock, determined in each case after giving effect to the requested Advance. Nor shall the Borrower be entitled to any further Advances hereunder after the occurrence and during the continuation of any Event of Default or any event which with the passage of time or the giving of notice or both would constitute an Event of Default, or if the Borrower's representations and warranties cease to be true and correct in all material respects at the time of the requested Advance. Advances shall be made, on the terms and conditions of this Agreement, each Lender severally agrees to make Advances from upon the Borrower's request. Requests shall be made by 12:00 noon Omaha time to time on the Business Day prior to the Borrower during requested date of the period from Advance. Requests shall be made by presentation to FNB-O of a drawing certificate in the date hereof to the Revolver Termination Date on a pro rata basis as to the total Borrowing requested by the Borrower on any day determined by such Lenderform of Exhibit B. The Borrower's Applicable Commitment Percentage up to but not exceeding the Revolving Credit Commitment of such Lender, provided, however, that the Lenders will not be required and shall have no obligation to make any such Advance (i) so long as a Default or an Event payments of Default has occurred principal and is continuing or (ii) if interest on the Agent has accelerated the maturity of any of the Notes as a result of an Event of Default; provided further, however, that immediately after giving effect to each such Advance, the aggregate principal amount of Revolving Credit outstandings shall not exceed the Total Revolving Credit Commitment. Within such limits and subject to the terms and conditions hereof, the Borrower may borrow, repay and reborrow under the Revolving Credit Facility on any Business Day from the Closing Date until, but (as to borrowings and reborrowings) not including, the Revolver Termination Date. All Advances foregoing revolving credit indebtedness shall be due and payable no later than further evidenced by the Revolver Termination Date. Each Advance shall, at the option of the Borrower, be a Base Rate Loan or a LIBOR Loan provided, however, that no LIBOR Loan having an Interest Period of 2, 3 or 6 months shall be made at any time in a principal amount of less than $1,250,000 and no LIBOR Loan having an Interest Period of 1 month shall be made at any time in a principal amount of less than $1,000,000Notes.
Appears in 1 contract
Samples: Revolving Credit Agreement (Ameritrade Holding Corp)
Revolving Credit. Subject A revolving credit facility available as loans (each, a “Revolving Loan” and, collectively, the “Revolving Loans”) to the terms Borrowers on a revolving basis at any time and conditions of this Agreement, each Lender severally agrees to make Advances from time to time from the Closing Date to the Borrower Termination Date, during which period the period from the date hereof to the Revolver Termination Date on a pro rata basis as to the total Borrowing requested by the Borrower on any day determined by such Lender's Applicable Commitment Percentage up to but not exceeding the Revolving Credit Commitment of such Lender, provided, however, that the Lenders will not be required and shall have no obligation to make any such Advance (i) so long as a Default or an Event of Default has occurred and is continuing or (ii) if the Agent has accelerated the maturity of any of the Notes as a result of an Event of Default; provided further, however, that immediately after giving effect to each such Advance, the aggregate principal amount of Revolving Credit outstandings shall not exceed the Total Revolving Credit Commitment. Within such limits and subject to the terms and conditions hereof, the Borrower Borrowers may borrow, repay and reborrow under in accordance with the provisions hereof, provided, the unpaid principal amount of outstanding Revolving Loans and Swingline Loans of a Bank shall not at any time exceed the Revolving Credit Facility Commitment Amount of such Bank; and provided, further, that no Revolving Loan nor and any Swing-Line Loan will be made in any amount which, after giving effect thereto, would cause the Total Revolving Outstandings to exceed lesser of (i) the Aggregate Revolving Commitment Amounts, or (ii) the Borrowing Base. Revolving Loans hereunder shall be made by the several Banks ratably in the proportion of their respective Revolving Commitment Amounts. The Revolving Loans may be obtained and maintained, at the election of the Borrowers’ Agent but subject to the limitations hereof, as Prime Rate Advances or Eurocurrency Rate Advances or Foreign Currency Advances or any combination thereof. Notwithstanding anything to the contrary, (a) the Borrowers shall ensure that the aggregate amount of initial Revolving Loans made on any Business Day from the Closing Date untilshall not exceed $15,000,000 and (b) unless and until a Foreign Currency Addendum becomes effective, but (as to borrowings and reborrowings) not including, the Revolver Termination Date. All Advances shall be due and payable no later than the Revolver Termination Date. Each Advance shall, at the option of the Borrower, be a Base Rate Loan or a LIBOR Loan provided, however, that no LIBOR Loan having an Interest Period of 2, 3 or 6 months Revolving Loans shall be made as Foreign Currency Advances (except for any Revolving Loans constituting Foreign Currency Advances that are requested to be made as such on the Closing Date). The aggregate outstanding amount of Foreign Currency Advances for Revolving Loans shall in no case exceed the Foreign Currency Sublimit. Except as otherwise set forth in a Foreign Currency Addendum, there shall be no more than five Foreign Currency Advances for Revolving Loans outstanding at any time in a principal amount of less than $1,250,000 and no LIBOR Loan having an Interest Period of 1 month shall be made at any time in a principal amount of less than $1,000,000time.
Appears in 1 contract
Samples: Revolving Credit and Term Loan Agreement (Commercial Vehicle Group, Inc.)
Revolving Credit. Subject to Each Bank severally agrees, on the terms and conditions of this Agreementhereinafter set forth, each Lender severally agrees to make Advances loans (each a "Revolving Credit Loan" and collectively, the "Revolving Credit Loans") to the Borrower from time to time to the Borrower during the period from the date hereof to the Revolver Termination Date on a pro rata basis as to the total Borrowing requested by the Borrower on any day determined by such Lender's Applicable Commitment Percentage of this Agreement up to but not exceeding including the Revolving Credit Commitment of Termination Date, in an aggregate principal amount not to exceed at any time outstanding the amount set opposite such LenderBank's name below, providedas such amount may be reduced pursuant to Section 2.03 (such Bank's "Commitment"), however, provided that the Lenders will not be required and shall have no obligation to make any such Advance (i) so long as a Default or an Event of Default has occurred and is continuing or (ii) if the Agent has accelerated the maturity of any of the Notes as a result of an Event of Default; provided further, however, that immediately after giving effect to each such Advance, the aggregate outstanding principal amount of Revolving Credit outstandings Loans and Letter of Credit Obligations at anytime outstanding shall not exceed the Total lesser of (i) the Revolving Credit CommitmentCommitment or (ii) the Borrowing Base. Name of Bank Amount ------------ ------ Bank of Oklahoma, N.A. $14,000,000 U.S. Bank National Association $12,000,000 Bank One, NA $12,000,000 Harris Trust and Savings Bank $12,000,000 Total $50,000,000.00 The Borrowing Base shall be computed on a monthly basis, and Borrower agrees to provide to Agent on the 20th day of each month with regard to the immediately preceding month all information requested in connection therewith, including without limitation a Borrowing Base Certificate. In the event outstanding advances with respect to Qualified Receivables fail to comply with the formula set forth above, by reason of any accounts receivable ceasing to be so qualified, for whatever reason, then Borrower shall immediately notify Agent of such situation and shall, within five (5) Business Days of the imbalance, either (i) reduce the amount of the outstanding balances to bring such amounts within the formula prescribed, or (ii) provide additional Qualified Receivables, without any additional advance being made by the Banks with respect thereto, necessary to comply with the formulas required herein. Within such the limits and subject to the terms and conditions hereofset forth in this Section 2.01, the Borrower may borrow, repay pursuant to Section 2.13, and reborrow under this Section 2.01 at any one time and from time to time. Each Revolving Credit Loan which shall not utilize the Revolving Credit Facility on any Business Day from the Closing Date until, but (as to borrowings and reborrowings) not including, the Revolver Termination Date. All Advances Commitment in full shall be due in an amount not less than Two Hundred Thousand and payable no later than No/100 Dollars ($200,000.00) in the Revolver Termination Datecase of Prime Loans, and Four Million and No/100 Dollars ($4,000,000.00) in the case of LIBOR Loans. Each Advance shall, at the option advance made in respect of the Borrower, be a Base Rate Loan or a LIBOR Loan provided, however, that no LIBOR Loan having an Interest Period of 2, 3 or 6 months Revolving Credit Loans shall be made at any time by each Bank in a principal amount the proportion which that Bank's Commitment bears to the Revolving Credit Commitment. Pursuant to the terms and conditions set forth herein, the Revolving Credit Loans may be outstanding as Prime Loans or LIBOR Loans. Each type of less than $1,250,000 and no LIBOR Revolving Credit Loan having an Interest Period of 1 month shall be made and maintained at such Bank's Lending Office for such type of Loan. The failure of any time in a principal amount Bank to make any requested Loan to be made by it on the date specified for such Loan shall not relieve any other Bank of less than $1,000,000its obligation (if any) to make such Loan on such date, but no Bank shall be responsible for the failure of any other Bank to make such Loans to be made by such other Bank.
Appears in 1 contract
Revolving Credit. Subject to Each Bank agrees, on the terms and conditions of this Agreementhereinafter set forth, each Lender severally agrees to make Advances its Pro Rata Share of loans (each a “Revolving Credit Loan” and collectively, the “Revolving Credit Loans”) and issue Letters of Credit pursuant to Section 2.2. to the Borrower from time to time to the Borrower during the period from the date hereof to the Revolver Termination Date on a pro rata basis as to the total Borrowing requested by the Borrower on any day determined by such Lender's Applicable Commitment Percentage of this Agreement up to but not exceeding including the Termination Date, in an aggregate principal amount not to exceed at any time outstanding the amount set forth opposite such Lender’s name on the signature pages hereto under the heading “Revolving Loan Commitment” (such amount as the same may be reduced or increased from time to time pursuant hereto; provided, however, that, after giving effect to the Borrowing of Revolving Loans, the Aggregate Outstanding Credit Exposure shall not exceed the Revolving Loan Commitment. Subject to the other terms and conditions hereof, amounts borrowed under this Section 2.1 may be repaid and reborrowed from time to time. Each Revolving Credit Loan which shall not utilize the Revolving Credit Commitment in full shall be in an amount not less than One Million and No/100 Dollars ($1,000,000.00) in the case of such LenderBase Loans, provided, however, that and One Million and No/100 Dollars ($1,000,000.00) in the Lenders will not case of LIBOR Loans. Any request for a Revolving Credit Loan for a lesser amount shall be required and shall have no obligation to make any such Advance (i) so long made as a Default or an Event of Default has occurred and is continuing or (ii) if the Agent has accelerated the maturity of any Swing Line Loan. Each advance made in respect of the Notes as a result of an Event of Default; provided further, however, that immediately after giving effect to each such Advance, the aggregate principal amount of Revolving Credit outstandings Loans shall not exceed be made by each Bank in the Total proportion which that Bank’s Commitment bears to the Revolving Credit Commitment. Within such limits and subject Pursuant to the terms and conditions hereofset forth herein, the Borrower may borrow, repay and reborrow under the Revolving Credit Facility on any Business Day from the Closing Date until, but (Loans may be outstanding as to borrowings and reborrowings) not including, the Revolver Termination Date. All Advances shall be due and payable no later than the Revolver Termination DateBase Loans or LIBOR Loans. Each Advance shall, at the option type of the Borrower, be a Base Rate Revolving Credit Loan or a LIBOR Loan provided, however, that no LIBOR Loan having an Interest Period of 2, 3 or 6 months shall be made and maintained at such Bank’s Lending Office for such type of Loan. The failure of any time in a principal amount Bank to make any requested Loan to be made by it on the date specified for such Loan shall not relieve any other Bank of less than $1,250,000 and its obligation (if any) to make such Loan on such date, but no LIBOR Loan having an Interest Period of 1 month Bank shall be responsible for the failure of any other Bank to make such Loans to be made at any time in a principal amount of less than $1,000,000by such other Bank.
Appears in 1 contract
Samples: Assignment and Assumption (Saia Inc)
Revolving Credit. Subject to Each Bank severally agrees, on the terms and conditions of this Agreementhereinafter set forth, each Lender severally agrees to make Advances the Revolving Credit Loans to the Borrower from time to time to the Borrower during the period from the date hereof to the Revolver Termination Date on a pro rata basis as to the total Borrowing requested by the Borrower on any day determined by such Lender's Applicable Commitment Percentage of this Agreement up to but not exceeding including the Termination Date in an aggregate principal amount not to exceed at any time outstanding the aggregate Revolving Credit Commitment of such Lender, provided, however, that the Lenders will aggregate outstanding principal amount of advances at any time outstanding shall not be required and shall have no obligation to make any such Advance exceed the lesser of: (i) so long as a Default or an Event of Default has occurred and is continuing the aggregate Revolving Credit Commitment; or (ii) if the Borrowing Base. Such Borrowing Base shall be computed on a monthly basis, and Borrower agrees to provide Agent, on or before the 15th of each month with regard to the immediately preceding month (or more frequently as reasonably required by Agent has accelerated from time to time), all information requested in connection therewith, including without limitation the maturity Borrowing Base Certificate. In the event that the Borrowing Base is less than the Aggregate Revolver Outstanding, the Borrower shall immediately notify Agent of any such situation and shall, within five (5) Business Days of the Notes as a result of an Event of Default; provided furtherimbalance, however, that immediately after giving effect to each such Advance, either (i) reduce the aggregate principal amount of the outstanding balances to bring such amounts within the formulas prescribed, or (ii) provide additional Eligible Vehicle Contracts, without any additional advance being made by any Bank with respect thereto, necessary to comply with the formulas required herein. Each Loan made in respect of the Revolving Credit outstandings Loans shall not exceed the Total Revolving Credit Commitmentbe made by each Bank in its Pro Rata Share. Within such the limits and subject to of the terms and conditions hereofCommitment, the Borrower may borrow, repay and reborrow under the Revolving Credit Facility on any Business Day from the Closing Date until, but (as to borrowings this Section 2.01. On such terms and reborrowings) not includingconditions, the Revolver Termination Date. All Advances shall Loans may be due and payable no later than the Revolver Termination Dateoutstanding as Prime Loans or LIBOR Loans. Each Advance shall, at the option type of the Borrower, be a Base Rate Loan or a LIBOR Loan provided, however, that no LIBOR Loan having an Interest Period of 2, 3 or 6 months shall be made and maintained at such Bank’s Lending Office for such type of Loan. The failure of any time in a principal amount Bank to make any requested Revolving Credit Loan to be made by it on the date specified for such Loan shall not relieve any other Bank of less than $1,250,000 and its obligation (if any) to make such Loan on such date, but no LIBOR Loan having an Interest Period of 1 month Bank shall be responsible for the failure of any other Bank to make such Loans to be made at any time in a principal amount of less than $1,000,000by such other Bank.”
Appears in 1 contract
Samples: Agented Revolving Credit Agreement (Americas Carmart Inc)
Revolving Credit. Subject to the terms and conditions of this Agreement, each Lender of the Banks severally agrees to make Advances loans (the "Revolving Credit Loans") according to each such Bank's Pro Rata Share of the Revolving Credit Commitment, to Borrower from time to time to the Borrower during the period from the date hereof to the Revolver Termination Closing Date on a pro rata basis as to the total Borrowing requested by the Borrower on any day determined by such Lender's Applicable Commitment Percentage up to but not exceeding including the Revolving Credit Commitment of such LenderTermination Date, provided, however, provided that the Lenders will aggregate principal amount of all Revolving Credit Loans outstanding at any time does not be required and shall have no obligation to make any such Advance exceed the lesser of (a)-the Revolving Credit Commitment minus the sum of: (i) so long as a Default or an Event the Letter of Default has occurred Credit Obligations and is continuing or (ii) if the Agent has accelerated aggregate amount of Borrower's and its Restricted Subsidiaries' outstanding obligations under the maturity Unsecured Lines; and (b) the Net Borrowing Base minus the Letter of any Credit Obligations ("Availability for Revolving Credit Loans"). Notwithstanding the foregoing, during the calendar months of the Notes as a result November and December of an Event of Default; provided further, however, that immediately after giving effect to each such Advanceyear, the aggregate principal amount of all Revolving Credit outstandings Loans shall not exceed exceed, at any given time, eighty-five (85%) percent of the Total Net Amount of Eligible Accounts of Borrower and the Restricted Subsidiaries. Each Revolving Credit CommitmentLoan which shall not utilize the Availability for Revolving Credit Loans in full shall be in the minimum amount set forth in Section 2.10 hereof. Within such limits and subject Subject to the terms and conditions hereof, the Borrower may borrow, repay make an optional Prepayment pursuant to Section 2.07 hereof, and reborrow under the this Section 2.01 hereof. The failure of any Bank to make any requested Revolving Credit Facility Loan to be made by it on the date specified for such Revolving Credit Loan shall not relieve any Business Day from the Closing Date untilother Bank of its obligation (if any) to make such Revolving Credit Loan on such date, but (as to borrowings and reborrowings) not including, the Revolver Termination Date. All Advances no Bank shall be due and payable no later than responsible for the Revolver Termination Date. Each Advance shall, at the option of the Borrower, be a Base Rate Loan or a LIBOR Loan provided, however, that no LIBOR Loan having an Interest Period of 2, 3 or 6 months shall be made at failure by any time in a principal amount of less than $1,250,000 and no LIBOR Loan having an Interest Period of 1 month shall be made at any time in a principal amount of less than $1,000,000other Bank to make such Revolving Credit Loans.
Appears in 1 contract
Samples: Credit Agreement and Guaranty (Hampshire Group LTD)
Revolving Credit. Subject to Each Bank severally agrees, on the terms and conditions of this Agreementhereinafter set forth, each Lender severally agrees to make Advances the Revolving Credit Loans to the Borrower from time to time to the Borrower during the period from the date hereof to the Revolver Termination Date on a pro rata basis as to the total Borrowing requested by the Borrower on any day determined by such Lender's Applicable Commitment Percentage of this Agreement up to but not exceeding including the Termination Date in an aggregate principal amount not to exceed at any time outstanding the aggregate Revolving Credit Commitment of such Lender, provided, however, that the Lenders will aggregate outstanding principal amount of advances at any time outstanding shall not be required and shall have no obligation to make any such Advance exceed the lesser of: (i) so long as a Default or an Event of Default has occurred and is continuing the aggregate Revolving Credit Commitment; or (ii) if the Borrowing Base. Such Borrowing Base shall be computed on a monthly basis, and Borrower agrees to provide Agent, on or before the 15th of each month with regard to the immediately preceding month (or more frequently as reasonably required by Agent has accelerated from time to time), all information requested in connection therewith, including without limitation the maturity Borrowing Base Certificate. In the event that the Borrowing Base is less than the Aggregate Revolver Outstanding, the Borrower shall immediately notify Agent of any such situation and shall, within five (5) Business Days of the Notes as a result of an Event of Default; provided furtherimbalance, however, that immediately after giving effect to each such Advance, either (i) reduce the aggregate principal amount of the outstanding balances to bring such amounts within the formulas prescribed, or (ii) provide additional Eligible Vehicle Contracts, without any additional advance being made by any Bank with respect thereto, necessary to comply with the formulas required herein. Each Loan made in respect of the Revolving Credit outstandings Loans shall not exceed the Total Revolving Credit Commitmentbe made by each Bank in its Pro Rata Share. Within such the limits and subject to of the terms and conditions hereofCommitment, the Borrower may borrow, repay and reborrow under the Revolving Credit Facility on any Business Day from the Closing Date until, but (as to borrowings this Section 2.01. On such terms and reborrowings) not includingconditions, the Revolver Termination Date. All Advances shall Loans may be due and payable no later than the Revolver Termination Dateoutstanding as Prime Loans or LIBOR Loans. Each Advance shall, at the option type of the Borrower, be a Base Rate Loan or a LIBOR Loan provided, however, that no LIBOR Loan having an Interest Period of 2, 3 or 6 months shall be made and maintained at such Bank’s Lending Office for such type of Loan. The failure of any time in a principal amount Bank to make any requested Revolving Credit Loan to be made by it on the date specified for such Loan shall not relieve any other Bank of less than $1,250,000 and its obligation (if any) to make such Loan on such date, but no LIBOR Loan having an Interest Period of 1 month Bank shall be responsible for the failure of any other Bank to make such Loans to be made at any time in a principal amount of less than $1,000,000by such other Bank.
Appears in 1 contract
Samples: Agented Revolving Credit Agreement (Americas Carmart Inc)
Revolving Credit. Subject to Each Bank severally agrees, on the terms and conditions of this Agreementhereinafter set forth, each Lender severally agrees to make Advances loans (each a “Revolving Credit Loan” and collectively, the “Revolving Credit Loans”) to the Borrower from time to time to the Borrower during the period from the date hereof to the Revolver Termination Date on a pro rata basis as to the total Borrowing requested by the Borrower on any day determined by such Lender's Applicable Commitment Percentage of this Agreement up to but not exceeding including the Revolving Credit Commitment of Termination Date, in an aggregate principal amount not to exceed at any time outstanding the amount set opposite such LenderBank’s name below, providedas such amount may be reduced pursuant to Section 2.03 (such Bank’s “Commitment”), however, provided that the Lenders will not be required and shall have no obligation to make any such Advance (i) so long as a Default or an Event of Default has occurred and is continuing or (ii) if the Agent has accelerated the maturity of any of the Notes as a result of an Event of Default; provided further, however, that immediately after giving effect to each such Advance, the aggregate outstanding principal amount of Revolving Credit outstandings Loans and Letter of Credit Obligations at anytime outstanding shall not exceed the Total Revolving Credit Commitment. Within such limits Name of Bank Amount Bank of Oklahoma, N.A. $ 24,000,000 U.S. Bank National Association $ 18,000,000 JPMorgan Chase Bank, N.A. (successor by merger to Bank One, NA)$23,000,000 Xxxxxx Trust and subject Savings Bank $ 23,000,000 LaSalle Bank National Association $ 22,000,000 Total $ 110,000,000.00 Each Revolving Credit Loan which shall not utilize the Revolving Credit Commitment in full shall be in an amount not less than Two Hundred Thousand and No/100 Dollars ($200,000.00) in the case of Prime Loans, and Four Million and No/100 Dollars ($4,000,000.00) in the case of LIBOR Loans. Each advance made in respect of the Revolving Credit Loans shall be made by each Bank in the proportion which that Bank’s Commitment bears to the Revolving Credit Commitment. Pursuant to the terms and conditions hereofset forth herein, the Borrower may borrow, repay and reborrow under the Revolving Credit Facility on any Business Day from the Closing Date until, but (Loans may be outstanding as to borrowings and reborrowings) not including, the Revolver Termination Date. All Advances shall be due and payable no later than the Revolver Termination DatePrime Loans or LIBOR Loans. Each Advance shall, at the option type of the Borrower, be a Base Rate Revolving Credit Loan or a LIBOR Loan provided, however, that no LIBOR Loan having an Interest Period of 2, 3 or 6 months shall be made and maintained at such Bank’s Lending Office for such type of Loan. The failure of any time in a principal amount Bank to make any requested Loan to be made by it on the date specified for such Loan shall not relieve any other Bank of less than $1,250,000 and its obligation (if any) to make such Loan on such date, but no LIBOR Loan having an Interest Period of 1 month Bank shall be responsible for the failure of any other Bank to make such Loans to be made at any time in a principal amount of less than $1,000,000by such other Bank.
Appears in 1 contract
Revolving Credit. Subject to the terms and conditions of this Agreement, each Lender severally agrees to make Advances from time to time to the Borrower during the period from the date hereof to the Revolver Termination Date on a pro rata basis as to the total Borrowing requested by the Borrower on any day determined by such Lender's Applicable Commitment Percentage up to but not exceeding the Revolving Credit Commitment of such Lender, provided, however, that the Lenders will not be required and shall have no obligation to make any such Advance (i) so long as a Default or an Event of Default has occurred and is continuing or (ii) if the Agent has accelerated the maturity of any of the Notes as a result of an Event of Default; provided further, however, that immediately after giving effect to each such Advance, the aggregate principal amount of Revolving Credit outstandings shall not exceed the Total Revolving Credit Commitment. Within such limits and subject to the terms and conditions hereof, the Borrower Bank agrees to extend a Revolving Credit to the Company which may borrowbe availed of by the Company from time to time during the period from and including the date hereof to but not including the Termination Date, repay and reborrow at which time the commitment of the Bank to extend credit under the Revolving Credit Facility shall expire. The Revolving Credit may be utilized by the Company in the form of loans (individually a "REVOLVING CREDIT LOAN" and collectively the "REVOLVING CREDIT LOANS") and Letters of Credit, provided that the aggregate principal amount of Revolving Credit Loans and Letters of Credit (including the Existing Letters of Credit) outstanding at any one time shall not exceed $15,000,000 (the "REVOLVING CREDIT COMMITMENT", as such amount may be reduced pursuant to Section 3.4 hereof). Each Revolving Credit Loan shall be in a minimum amount of $100,000 or such greater amount which is an integral multiple of $25,000; PROVIDED, HOWEVER, that Revolving Credit Loans which bear interest with reference to the Adjusted LIBOR or Offered Rate shall be in such greater amount as is required by Section 2 hereof. Each Revolving Credit Loan shall be made against and evidenced by a single promissory note of the Company in the form (with appropriate insertions) attached hereto as Exhibit A (the "REVOLVING CREDIT NOTE") payable to the order of the Bank in the principal amount of $15,000,000. The Revolving Credit Note shall be dated the date of issuance thereof, be expressed to bear interest as set forth in Section 2 hereof, and be expressed to mature on any Business Day from the Closing Date until, but (as to borrowings and reborrowings) not including, the Revolver Termination Date. All Advances shall be due and payable no later than Without regard to the Revolver Termination Date. Each Advance shall, at the option principal amount of the BorrowerRevolving Credit Note stated on its face, be a Base Rate Loan or a LIBOR Loan provided, however, that no LIBOR Loan having an Interest Period of 2, 3 or 6 months shall be made the actual principal amount at any time in a principal amount outstanding and owing by the Company on account of less than $1,250,000 and no LIBOR Loan having an Interest Period of 1 month the Revolving Credit Note shall be the sum of all Revolving Credit Loans made at any time under this Section less all payments of principal actually received by the Bank. During the period from and including the date hereof to but not including the Termination Date, the Company may use the Revolving Credit Commitment by borrowing, repaying and reborrowing Revolving Credit Loans in a principal amount whole or in part, all in accordance with the terms and conditions of less than $1,000,000this Agreement.
Appears in 1 contract
Samples: Guaranty Agreement (Oil Dri Corporation of America)
Revolving Credit. Subject to the terms and conditions of this AgreementAgreement and so long as there exists no Event of Default (hereinafter defined), each Lender severally agrees at anytime after the Closing Date and prior to April 20, 1991, the Company may borrow and reborrow, and the Purchaser shall make Advances loans or extensions of credit to the Company pursuant to this paragraph ("Revolving Credit Advances"), as from time to time to the Borrower during the period from the date hereof to the Revolver Termination Date on a pro rata basis as to the total Borrowing requested by the Borrower on any day determined by such Lender's Applicable Commitment Percentage Company; provided Shattow, Xxxx Xxxx (herein "Xxxx"), and Xxxxx Xxxxxx (herein "Xxxxxx") shall have executed and delivered a Guaranty in favor of the Purchaser in an amount up to but not exceeding $50,000, which Guaranty shall be substantially in the form of Exhibit C, (herein "Guaranty") to secure repayment and performance of all the Company's obligations under the Revolving Credit Commitment Advances. The aggregate amount of all Revolving Credit Advances outstanding at any one time shall not exceed $100,000 or such Lenderhigher amount of indebtedness as approved by the Purchaser. At the time of the initial request for a Revolving Credit Advance, providedthe Company shall execute and deliver to the Purchaser the Revolving Credit Note evidencing the Revolving Credit Advances. Anything set forth herein to the contrary notwithstanding, however, that the Lenders will not be required and Purchaser shall have no obligation the absolute right to refuse to make any such Revolving Credit Advance (i) if Shattow, Tyer, and Xxxxxx have not executed the Guaranty, or (ii) for so long as a Default there exists any Event of Default, or any other condition which, with the passage of time or giving of notice or both, would constitute an Event of Default has occurred and is continuing or (ii) if upon the Agent has accelerated making of such Revolving Credit Advance. The Company shall have the maturity of any of right to make prepayments reducing the Notes as a result of an Event of Default; provided further, however, that immediately after giving effect to each such Advance, the aggregate principal amount outstanding balance of Revolving Credit outstandings shall not exceed the Total Advances without penalty. The Revolving Credit Commitment. Within such limits and subject to the terms and conditions hereof, the Borrower may borrow, repay and reborrow under the Revolving Credit Facility on any Business Day from the Closing Date until, but (as to borrowings and reborrowings) not including, the Revolver Termination Date. All Advances Note shall be due and payable no later than prepaid immediately in the Revolver Termination Date. Each Advance shall, at the option of the Borrower, be a Base Rate Loan or a LIBOR Loan provided, however, that no LIBOR Loan having an Interest Period of 2, 3 or 6 months shall be made amount by which at any time in a principal the aggregate amount of less than all Revolving Credit Advances outstanding exceeds $1,250,000 and no LIBOR Loan having an Interest Period of 1 month shall be made at any time in a principal 100,000 or such higher amount of less than $1,000,000indebtedness as approved by the Purchaser.
Appears in 1 contract
Revolving Credit. Subject to the terms and conditions of this Agreement, each Lender severally agrees to make Advances from time to time to the Borrower during the period from the date hereof to the Revolver Termination Date on a pro rata basis as to the total Borrowing requested by the Borrower on any day determined by such Lender's Applicable Commitment Percentage up to but not exceeding the Revolving Credit Commitment of such Lender, provided, however, that the Lenders will not be required and shall have no obligation to make any such Advance (i) so long as a Default or an Event of Default has occurred and is continuing or (ii) if the Agent has accelerated the maturity of any of the Notes as a result of an Event of Default; provided further, however, that immediately after giving effect to each such Advance, the aggregate principal amount of Revolving Credit outstandings shall not exceed the Total Revolving Credit Commitment. Within such limits and subject to the terms and conditions hereof, the Borrower Bank agrees to extend a Revolving Credit to the Company which may borrowbe availed of by the Company from time to time during the period from and including the date hereof to but not including the Termination Date, repay and reborrow at which time the commitment of the Bank to extend credit under the Revolving Credit Facility on shall expire. The Revolving Credit may be utilized by the Company in the form of loans (individually a “Loan” and collectively the “Loans”) and Letters of Credit, provided that (a) the aggregate principal amount of Loans and Letters of Credit outstanding at any Business Day from one time shall not exceed $25,000,00045,000,000 (the Closing Date until“Revolving Credit Commitment”, but as such amount may be reduced pursuant to Section 3.4 hereof) and (b) as to borrowings and reborrowings) not includingprovided in Section 1.3(a), the Revolver Termination Dateaggregate amount of Letters of Credit issued and outstanding hereunder shall not at any one time exceed the U.S. Dollar Equivalent of $5,000,000.10,000,000. All Advances Each Loan shall be due and payable no later than the Revolver Termination Date. Each Advance shall, at the option in a minimum amount of the Borrower, be a Base Rate Loan $100,000 or a LIBOR Loan such greater amount which is an integral multiple of $25,000; provided, however, that no Loans which bear interest with reference to the Adjusted LIBOR Loan having an Interest Period of 2, 3 or 6 months Offered Rate shall be in such greater amount as is required by Section 2 hereof. The Loans shall be made against and evidenced by a single promissory note of the Company in the form (with appropriate insertions) attached hereto as Exhibit A (the “Note”) payable to the order of the Bank in the principal amount of $25,000,000.45,000,000. The Note shall be dated the date of issuance thereof and be expressed to bear interest as set forth in Section 2 hereof. The Note, and all Loans evidenced thereby, shall mature and be due and payable in full on the Termination Date. Without regard to the principal amount of the Note stated on its face, the actual principal amount at any time outstanding and owing by the Company on account of the Note shall be the sum of all Loans made under this Section less all payments of principal actually received by the Bank. During the period from and including the date hereof to but not including the Termination Date, the Company may use the Revolving Credit Commitment by borrowing, repaying and reborrowing Loans in a whole or in part, all in accordance with the terms and conditions of this Agreement. The Company acknowledges that it is justly and truly indebted to the Bank on the Present Loans in the principal amount of less than $1,250,000 0.00 plus accrued and no LIBOR Loan having unpaid interest thereon. Upon satisfaction of the conditions precedent to effectiveness set forth in Section 6 hereof, the Present Loans shall automatically, and without further action on the part of either the Bank or the Company, become evidenced by the Note and, to that extent, the Note is issued in renewal of, and evidences the same indebtedness formerly evidenced by, the Prior Note, as well as evidencing all additional Loans made pursuant hereto. All of the Present Loans shall, for all purposes of this Agreement, be treated as though they constituted Loans under this Agreement in an Interest Period amount equal to the aggregate unpaid principal balance of 1 month the Present Loans made on the date the conditions precedent to effectiveness set forth in Section 6 hereof have been satisfied or duly waived in writing by the Bank. Simultaneously with such satisfaction or waiver of such conditions precedent, any commitment of the Bank under the Prior Credit Agreement shall terminate and all accrued but unpaid interest on the Present Loans and accrued but unpaid letter of credit and commitment fees shall be made at any time in a principal amount of less than $1,000,000due and payable.
Appears in 1 contract
Revolving Credit. Subject to the terms and conditions of this Agreement, each Lender severally agrees to make Advances from time to time to the Borrower during the period from the date hereof to the Revolver Termination Date on a pro rata basis as to the total Borrowing requested by the Borrower on any day determined by such Lender's Applicable Commitment Percentage up to but not exceeding the Revolving Credit Commitment of such Lender, provided, however, that the Lenders will not be required and shall have no obligation to make any such Advance (i) so long as a Default or an Event of Default has occurred and is continuing or (ii) if the Agent has accelerated the maturity of any of the Notes as a result of an Event of Default; provided further, however, that immediately after giving effect to each such Advance, the aggregate principal amount of Revolving Credit outstandings shall not exceed the Total Revolving Credit Commitment. Within such limits and subject to the terms and conditions hereof, the Borrower Bank agrees to extend a Revolving Credit to the Company which may borrowbe availed of by the Company from time to time during the period from and including the date hereof to but not including the Termination Date, repay and reborrow at which time the commitment of the Bank to extend credit under the Revolving Credit Facility on shall expire. The Revolving Credit may be utilized by the Company in the form of loans (individually a "Loan" and collectively the "Loans") and Letters of Credit, provided that the aggregate principal amount of Loans and Letters of Credit outstanding at any Business Day from one time shall not exceed $15,000,000 (the Closing Date until"Revolving Credit Commitment", but (as such amount may be reduced pursuant to borrowings and reborrowings) not including, the Revolver Termination DateSection 3.4 hereof). All Advances Each Loan shall be due and payable no later than the Revolver Termination Date. Each Advance shall, at the option in a minimum amount of the Borrower, be a Base Rate Loan $100,000 or a LIBOR Loan such greater amount which is an integral multiple of $25,000; provided, however, that no Loans which bear interest with reference to the Adjusted LIBOR Loan having an Interest Period of 2, 3 or 6 months Offered Rate shall be in such greater amount as is required by Section 2 hereof. The Loans shall be made against and evidenced by a single promissory note of the Company in the form (with appropriate insertions) attached hereto as Exhibit A (the "Note") payable to the order of the Bank in the principal amount of $15,000,000. The Note shall be dated the date of issuance thereof and be expressed to bear interest as set forth in Section 2 hereof. The Note, and all Loans evidenced thereby, shall mature and be due and payable in full on the Termination Date. Without regard to the principal amount of the Note stated on its face, the actual principal amount at any time outstanding and owing by the Company on account of the Note shall be the sum of all Loans made under this Section less all payments of principal actually received by the Bank. During the period from and including the date hereof to but not including the Termination Date, the Company may use the Revolving Credit Commitment by borrowing, repaying and reborrowing Loans in a whole or in part, all in accordance with the terms and conditions of this Agreement. The Company acknowledges that it is justly and truly indebted to the Bank on the Present Loans in the principal amount of less than $1,250,000 0.00 plus accrued and no LIBOR Loan having unpaid interest thereon. Upon satisfaction of the conditions precedent to effectiveness set forth in Section 6 hereof, the Present Loans shall automatically, and without further action on the part of either the Bank or the Company, become evidenced by the Note and, to that extent, the Note is issued in renewal of, and evidences the same indebtedness formerly evidenced by, the Prior Note, as well as evidencing all additional Loans made pursuant hereto. All of the Present Loans shall, for all purposes of this Agreement, be treated as though they constituted Loans under this Agreement in an Interest Period amount equal to the aggregate unpaid principal balance of 1 month the Present Loans made on the date the conditions precedent to effectiveness set forth in Section 6 hereof have been satisfied or duly waived in writing by the Bank. Simultaneously with such satisfaction or waiver of such conditions precedent, any commitment of the Bank under the Prior Credit Agreement shall terminate and all accrued but unpaid interest on the Present Loans and accrued but unpaid letter of credit and commitment fees shall be made at any time in a principal amount of less than $1,000,000due and payable.
Appears in 1 contract
Samples: Guaranty Agreement (Oil Dri Corporation of America)
Revolving Credit. Subject to the terms and conditions of this Agreement, each Lender severally agrees to make Advances from time to time to the Borrower during the period from the date hereof to the Revolver Termination Date on a pro rata basis as to the total Borrowing requested by the Borrower on any day determined by such Lender's Applicable Commitment Percentage up to but not exceeding the Revolving Credit Commitment of such Lender, provided, however, that the Lenders will not be required and shall have no obligation to make any such Advance (i) so long as a Default or an Event of Default has occurred and is continuing or (ii) if the Agent has accelerated the maturity of any of the Notes as a result of an Event of Default; provided further, however, that immediately after giving effect to each such Advance, the aggregate principal amount of Revolving Credit outstandings shall not exceed the Total Revolving Credit Commitment. Within such limits and subject to the terms and conditions hereof, the Bank agrees to extend a revolving credit (the "Revolving Credit") to the Borrower which may borrowbe availed of by the Borrower from time to time during the period from and including the date hereof to, repay and reborrow but not including, the Termination Date, at which time the commitment of the Bank to extend credit under the Revolving Credit Facility on shall expire. The Revolving Credit may be utilized by the Borrower in the form of Loans, all as more fully hereinafter set forth, provided that the aggregate principal amount of Loans outstanding at any Business Day one time shall not exceed $37,500,000 (the "Commitment", as such amount may be reduced pursuant to the terms hereof). During the period from and including the Closing Date untildate hereof to, but (as to borrowings and reborrowings) not including, the Revolver Termination Date, the Borrower may use the Commitment by borrowing, repaying, and reborrowing Loans in whole or in part. In addition, at any time not earlier than 90 days prior to, nor later than 60 days prior to, the Termination Date (referred to for this purpose as the "Anniversary Date"), the Borrower may request that the Bank extend the then scheduled Termination Date to the date one year from such Termination Date. All Advances The Bank shall be due respond to such request no later than 30 days after the Bank receives it; provided that the Bank shall have no liability for failing to respond to any such request and payable the Bank's failure to respond by such date shall indicate its unwillingness to agree to such requested extension. At any time more than 30 days before such Anniversary Date the Bank may propose, by written notice to the Borrower, an extension of this Agreement to such later date on such terms and conditions as the Bank may then require. If the extension of this Agreement to such later date is acceptable to the Borrower on the terms and conditions proposed by the Bank, the Borrower shall notify the Bank of its acceptance of such terms and conditions no later than the Revolver Anniversary Date, and such later date will become the Termination Date. Each Advance shallDate hereunder and this Agreement shall otherwise be amended in the manner described in the Bank's notice proposing the extension of this Agreement upon the Bank's receipt of (i) an amendment to this Agreement signed by the Borrower and the Bank, at the option (ii) resolutions of the Borrower, be a Base Rate Loan or a LIBOR Loan provided, however, that no LIBOR Loan having 's Board of Directors authorizing such extension and (iii) an Interest Period opinion of 2, 3 or 6 months shall be made at any time counsel to the Borrower equivalent in a principal amount form and substance to the opinion delivered in satisfaction of less than $1,250,000 the condition contained in Section 7.2(g) hereof and no LIBOR Loan having an Interest Period of 1 month shall be made at any time in a principal amount of less than $1,000,000otherwise acceptable to the Bank.
Appears in 1 contract
Revolving Credit. REVOLVING CREDIT FACILITY. Subject to the terms and conditions of this Agreementherein set forth and in reliance upon the representations and warranties set forth herein and in the other Credit Documents, each Lender severally agrees to make Advances available to the Borrowers a revolving credit facility (the "REVOLVING CREDIT FACILITY"), pursuant to which each Lender shall make advances (each a "REVOLVING CREDIT LOAN") to any Borrower (or all of them) from time to time to the Borrower during the period from the date hereof Revolving Credit Period, in an amount not to the Revolver Termination Date on a pro rata basis as to the total Borrowing requested by the Borrower on any day determined by exceed such Lender's Applicable Commitment Percentage up Pro Rata Share of the Availability. All Revolving Credit Loans comprising the same advance under this Agreement shall be made by the Lenders simultaneously and proportionately to but not exceeding their then respective Pro Rata Shares, it being understood that no Lender shall be responsible for any failure by another Lender to perform its obligations to make a Revolving Credit Loan hereunder nor shall the Revolving Credit Commitment of such Lender, provided, however, that the Lenders will not any Lender be required and shall have no obligation to make any such Advance (i) so long as a Default increased or an Event of Default has occurred and is continuing or (ii) if the Agent has accelerated the maturity of any of the Notes decreased as a result of an Event of Default; provided further, however, that immediately after giving effect any such failure. The Revolving Credit Loans outstanding under the Revolving Credit Facility shall be evidenced by Revolving Credit Notes issued to each such Advanceof the Lenders, substantially in the aggregate principal amount form of Revolving Credit outstandings shall not exceed the Total Revolving Credit CommitmentEXHIBIT A hereto (each a "REVOLVING CREDIT NOTE"), with blanks appropriately completed in conformity herewith. Within such limits and subject Subject to the terms and conditions Section 2.03(c) hereof, the Borrower Revolving Credit Loans shall from time to time be (i) LIBOR Loans, (ii) Base Rate Loans, or (iii) a combination thereof, as determined by the Borrowers in accordance with Sections 2.03 and 2.07 hereof, PROVIDED that no Revolving Credit Loan shall be made as a LIBOR Loan after the day that is one (1) month prior to the Revolving Credit Expiration Date. Subject to the provisions of this Agreement, the Borrowers from time to time may borrow, repay and reborrow under Revolving Credit Loans made hereunder at any time during the Revolving Credit Facility on any Business Day from the Closing Date until, but (as to borrowings and reborrowings) not including, the Revolver Termination Date. All Advances shall be due and payable no later than the Revolver Termination Date. Each Advance shall, at the option of the Borrower, be a Base Rate Loan or a LIBOR Loan provided, however, that no LIBOR Loan having an Interest Period of 2, 3 or 6 months shall be made at any time in a principal amount of less than $1,250,000 and no LIBOR Loan having an Interest Period of 1 month shall be made at any time in a principal amount of less than $1,000,000Period.
Appears in 1 contract
Samples: Revolving Credit Agreement (TRC Companies Inc /De/)
Revolving Credit. Subject to the terms and ---------------- conditions of this Agreementherein set forth and in reliance upon representations and warranties set forth herein and in the other Credit Documents, each Lender severally agrees to make Advances available to the Borrower, a revolving credit facility (the REVOLVING CREDIT FACILITY), pursuant to which each Lender shall make advances (each a REVOLVING CREDIT LOAN) to the Borrower from time to time to the Borrower during the period from the date hereof Revolving Credit Period, in an amount not to the Revolver Termination Date on a pro rata basis as to the total Borrowing requested by the Borrower on any day determined by exceed such Lender's Applicable Commitment Percentage up Pro Rata Share of the Availability. All Revolving Credit Loans comprising the same advance under this Agreement shall be made by the Lenders simultaneously and proportionately to but not exceeding their then respective Pro Rata Shares, it being understood that no Lender shall be responsible for any failure by another Lender to perform its obligations to make a Revolving Credit Loan hereunder nor shall the Revolving Credit Commitment of such Lender, provided, however, that the Lenders will not any Lender be required and shall have no obligation to make any such Advance (i) so long as a Default increased or an Event of Default has occurred and is continuing or (ii) if the Agent has accelerated the maturity of any of the Notes decreased as a result of an Event of Default; provided further, however, that immediately after giving effect any such failure. The Revolving Credit Loans outstanding under the Revolving Credit Facility shall be evidenced by Revolving Credit Notes issued to each such Advanceof the Lenders, substantially in the aggregate principal amount form of Revolving Credit outstandings shall not exceed the Total Revolving Credit CommitmentEXHIBIT A hereto (each a REVOLVING CREDIT NOTE), with blanks appropriately completed in conformity herewith. Within such limits and subject Subject to the terms and conditions Section 2.03(c) hereof, the Revolving Credit Loans shall from time to time be (i) Eurodollar Loans, (ii) Base Rate Loans, or (iii) a combination thereof, as determined by the Borrower in accordance with Sections 2.03 and 2.06 hereof, PROVIDED that no Revolving Credit Loan shall be made as a Eurodollar Loan after the day that is three (3) months prior to the Revolving Credit Expiration Date. Subject to the provisions of this Agreement, the Borrower from time to time may borrow, repay and reborrow under Loans made hereunder at any time during the Revolving Credit Facility on any Business Day from the Closing Date until, but (as to borrowings and reborrowings) not including, the Revolver Termination Date. All Advances shall be due and payable no later than the Revolver Termination Date. Each Advance shall, at the option of the Borrower, be a Base Rate Loan or a LIBOR Loan provided, however, that no LIBOR Loan having an Interest Period of 2, 3 or 6 months shall be made at any time in a principal amount of less than $1,250,000 and no LIBOR Loan having an Interest Period of 1 month shall be made at any time in a principal amount of less than $1,000,000Period.
Appears in 1 contract
Samples: Credit Agreement (Hooper Holmes Inc)
Revolving Credit. Subject to Each Bank severally agrees, on the terms and conditions of this Agreementhereinafter set forth, each Lender severally agrees to make Advances loans (the "Revolving Credit Loans") to the Borrower from time to time to the Borrower during the period from the date hereof to the Revolver Termination Date on a pro rata basis as to the total Borrowing requested by the Borrower on any day determined by such Lender's Applicable Commitment Percentage of this Agreement up to but not exceeding including the Revolving Credit Termination Date in an aggregate principal amount not to exceed at any time outstanding the amount set opposite such Bank's name below (such Bank's "Commitment"): Name of Bank Amount ------------ ------ SUPERIOR FEDERAL BANK $5,000,000 GREAT SOUTHERN BANK $5,000,000 COMMUNITY BANK $5,000,000 ARKANSAS STATE BANK $2,000,000 BANK OF ARKANSAS, N.A. $1,000,000 BANK OF OKLAHOMA, N.A. $19,000,000 Total *$37,000,000 * After the Additional Lender Commitment of such LenderDate, the total will increase to $39,500,000. provided, however, that the Lenders will aggregate outstanding principal amount of advances at any time outstanding shall not be required and shall have no obligation to make any such Advance exceed the lesser of: (i) so long as a Default or an Event of Default has occurred $37,000,000 prior to the Additional Lender Commitment Date, and is continuing $39,500,000 after the Additional Lender Commitment Date; or (ii) if the Borrowing Base. Such Borrowing Base shall be computed on a monthly basis, and Borrower agrees to provide Agent, on or before the 15th of each month with regard to the immediately preceding month (or more frequently as reasonably required by Agent has accelerated from time to time), all information requested in connection therewith, including without limitation the maturity Borrowing Base Certificate. In the event that the Borrowing Base is less than the Aggregate Revolver Outstanding , the Borrower shall immediately notify Agent of any such situation and shall, within five (5) Business Days of the Notes as a result of an Event of Default; provided furtherimbalance, however, that immediately after giving effect to each such Advance, either (i) reduce the aggregate principal amount of the outstanding balances to bring such amounts within the formulas prescribed, or (ii) provide additional Eligible Vehicle Contracts, without any additional advance being made by any Bank with respect thereto, necessary to comply with the formulas required herein. Each Loan made in respect of the Revolving Credit outstandings Loans shall not exceed the Total Revolving Credit Commitmentbe made by each Bank in its Pro Rata Share. Within such the limits and subject to of the terms and conditions hereofCommitment, the Borrower may borrow, repay and reborrow under the Revolving Credit Facility on any Business Day from the Closing Date until, but (as to borrowings this Section 2.01. On such terms and reborrowings) not includingconditions, the Revolver Termination Date. All Advances shall Loans may be due and payable no later than the Revolver Termination Dateoutstanding as Prime Loans or LIBOR Loans. Each Advance shall, at the option type of the Borrower, be a Base Rate Loan or a LIBOR Loan provided, however, that no LIBOR Loan having an Interest Period of 2, 3 or 6 months shall be made and maintained at such Bank's Lending Office for such type of Loan. The failure of any time in a principal amount Bank to make any requested Revolving Credit Loan to be made by it on the date specified for such Loan shall not relieve any other Bank of less than $1,250,000 and its obligation (if any) to make such Loan on such date, but no LIBOR Loan having an Interest Period of 1 month Bank shall be responsible for the failure of any other Bank to make such Loans to be made at any time in a principal amount of less than $1,000,000by such other Bank.
Appears in 1 contract
Samples: Agented Revolving Credit Agreement (Crown Group Inc /Tx/)
Revolving Credit. Subject to Under the terms and conditions of this Loan Agreement, each Lender severally agrees Borrowers may request advances and make payments hereunder from time to make Advances time, provided that it is understood and agreed that the aggregate principal amount outstanding from time to time hereunder shall not at any time exceed the Total Principal Amount or the Borrowing Base (as defined in the Loan Agreement). In addition, Agent and Banks may set a monthly commitment reduction pursuant to the Borrower during Loan Agreement, thereafter the period from Borrowing Base and Bank=s commitment under this Note will decline monthly, and the date hereof to the Revolver Termination Date on a pro rata basis as to the total Borrowing requested by the Borrower on any day determined by such Lender's Applicable Commitment Percentage up to but not exceeding the Revolving Credit Commitment of such Lender, provided, however, that the Lenders will not be required and shall have no obligation to make any such Advance (i) so long as a Default or an Event of Default has occurred and is continuing or (ii) if the Agent has accelerated the maturity of any of the Notes as a result of an Event of Default; provided further, however, that immediately after giving effect to each such Advance, the aggregate principal amount of Revolving Credit outstandings shall outstanding under this Note may not exceed the Total Revolving Credit Commitmentamount of Bank=s Commitment under the declining Borrowing Base. Within such limits The unpaid balance of this Note shall increase and subject decrease with each new advance or payment hereunder, as the case may be. This Note shall not be deemed terminated or canceled prior to the terms and conditions hereofMaturity Date, although the Borrower entire principal balance hereof may from time to time be paid in full. Borrowers may borrow, repay and reborrow under the Revolving Credit Facility on hereunder. Unless otherwise agreed to in writing or otherwise required by applicable law, payments will be applied first to unpaid accrued interest, then to principal, and any Business Day from the Closing Date untilremaining amount to any unpaid collection costs, but (as to borrowings delinquency charges, and reborrowings) not including, the Revolver Termination Date. All Advances shall be due and payable no later than the Revolver Termination Date. Each Advance shall, at the option of the Borrower, be a Base Rate Loan or a LIBOR Loan other charges; provided, however, that no LIBOR Loan having an Interest Period upon delinquency or other Event of 2Default, 3 Bank reserves the right to apply payments among principal, interest, delinquency charges, collection costs, and other charges, in such order and manner as the holder of this Note may from time to time determine in its sole discretion. All payments and prepayments of principal of or 6 months interest on this Note shall be made in Dollars in immediately available funds, at the address of Agent indicated above, or such other place as the holder of this Note shall designate in writing to Borrowers. If any time in payment of principal of or interest on this Note shall become due on a principal amount of less than $1,250,000 and no day which is not a Business Day or LIBOR Loan having an Interest Period of 1 month Business Day, such payment shall be made at on the next succeeding Business Day or LIBOR Business Day, as applicable, and any such extension of time shall be included in a computing interest in connection with such payment. The books and records of Agent shall be prima facie evidence of all outstanding principal amount of less than $1,000,000and accrued and unpaid interest on this Note.
Appears in 1 contract
Revolving Credit. Subject to the terms and conditions of this Agreement, each Lender severally agrees to make Advances from time to time to the Borrower during the period from the date hereof to the Revolver Termination Date on a pro rata basis as to the total Borrowing requested by the Borrower on any day determined by such Lender's Applicable Commitment Percentage up to but not exceeding the Revolving Credit Commitment of such Lender, provided, however, that the Lenders will not be required and shall have no obligation to make any such Advance (i) so long as a Default or an Event of Default has occurred and is continuing or (ii) if the Agent has accelerated the maturity of any of the Notes as a result of an Event of Default; provided further, however, that immediately after giving effect to each such Advance, the aggregate principal amount of Revolving Credit outstandings shall not exceed the Total Revolving Credit Commitment. Within such limits and subject to the terms and conditions hereof, the Borrower Bank agrees to extend a Revolving Credit to the Company which may borrowbe availed of by the Company from time to time during the period from and including the date hereof to but not including the Termination Date, repay and reborrow at which time the commitment of the Bank to extend credit under the Revolving Credit Facility on shall expire. The Revolving Credit may be utilized by the Company in the form of loans (individually a “Loan” and collectively the “Loans”) and Letters of Credit, provided that (a) the aggregate principal amount of Loans and Letters of Credit outstanding at any Business Day from one time shall not exceed $45,000,000 (the Closing Date until“Revolving Credit Commitment”, but as such amount may be reduced pursuant to Section 3.4 hereof), and (b) as to borrowings and reborrowings) not includingprovided in Section 1.3(a), the Revolver Termination Dateaggregate amount of Letters of Credit issued and outstanding hereunder shall not at any one time exceed the U.S. Dollar Equivalent of $10,000,000. All Advances Each Loan shall be due and payable no later than the Revolver Termination Date. Each Advance shall, at the option in a minimum amount of the Borrower, be a Base Rate Loan $100,000 or a LIBOR Loan such greater amount which is an integral multiple of $25,000; provided, however, that no LIBOR Loan having an Interest Period of 2, 3 Loans which bear interest with reference to the Adjusted LIBORTerm SOFR or 6 months Offered Rate shall be in such greater amount as is required by Section 2 hereof. The Loans shall be made against and evidenced by a single promissory note of the Company in the form (with appropriate insertions) attached hereto as Exhibit A (the “Note”) payable to the order of the Bank in the principal amount of $45,000,000. The Note shall be dated the date of issuance thereof and be expressed to bear interest as set forth in Section 2 hereof. The Note, and all Loans evidenced thereby, shall mature and be due and payable in full on the Termination Date. Without regard to the principal amount of the Note stated on its face, the actual principal amount at any time in a principal amount outstanding and owing by the Company on account of less than $1,250,000 and no LIBOR Loan having an Interest Period of 1 month the Note shall be the sum of all Loans made at any time under this Section less all payments of principal actually received by the Bank. During the period from and including the date hereof to but not including the Termination Date, the Company may use the Revolving Credit Commitment by borrowing, repaying and reborrowing Loans in a principal amount whole or in part, all in accordance with the terms and conditions of less than $1,000,000this Agreement. Section 1.2.
Appears in 1 contract
Revolving Credit. Subject to the terms and conditions of this Agreement, each Lender severally agrees to make Advances from time to time to the Borrower during the period from the date hereof to the Revolver Termination Date on a pro rata basis as to the total Borrowing requested by the Borrower on any day determined by such Lender's Applicable Commitment Percentage up to but not exceeding the Revolving Credit Commitment of such Lender, provided, however, that the Lenders will not be required and shall have no obligation to make any such Advance (i) so long as a Default or an Event of Default has occurred and is continuing or (ii) if the Agent has accelerated the maturity of any of the Notes as a result of an Event of Default; provided further, however, that immediately after giving effect to each such Advance, the aggregate principal amount of Revolving Credit outstandings Outstandings shall not exceed the Total Revolving Credit Commitment. Within such limits and subject to the terms and conditions hereof, the Borrower may borrow, repay and reborrow under the Revolving Credit Facility on any Business Day from the Closing Date until, but (as to borrowings and reborrowings) not including, the Revolver Termination Date. All Advances shall be due and payable no later than the Revolver Termination Date. Each Advance shall, at the option of the Borrower, be a Base Rate Loan or a LIBOR Loan provided, however, that no LIBOR Loan having an Interest Period of 2, 3 or 6 months shall be made at any time in a principal amount of less than $1,250,000 and no LIBOR Loan having an Interest Period of 1 month shall be made at any time in a principal amount of less than $1,000,000.
Appears in 1 contract
Samples: Loan Agreement (MKS Instruments Inc)
Revolving Credit. Subject to the terms and conditions of this Agreement, each Lender severally agrees to make Advances from time to time to the Borrower during the period from the date hereof to the Revolver Termination Date on a pro rata basis as to the total Borrowing requested by the Borrower on any day determined by such Lender's Applicable Commitment Percentage up to but not exceeding the Revolving Credit Commitment of such Lender, provided, however, that the Lenders will not be required and shall have no obligation to make any such Advance (i) so long as a Default or an Event of Default has occurred and is continuing or (ii) if the Agent has accelerated the maturity of any of the Notes as a result of an Event of Default; provided further, however, that immediately after giving effect to each such Advance, the aggregate principal amount of Revolving Credit outstandings shall not exceed the Total Revolving Credit Commitment. Within such limits and subject to the terms and conditions hereof, the Borrower Bank agrees to extend a Revolving Credit to the Company which may borrowbe availed of by the Company from time to time during the period from and including the date hereof to but not including the Termination Date, repay and reborrow at which time the commitment of the Bank to extend credit under the Revolving Credit Facility on shall expire. The Revolving Credit may be utilized by the Company in the form of loans (individually a “Loan” and collectively the “Loans”) and Letters of Credit, provided that (a) the aggregate principal amount of Loans and Letters of Credit outstanding at any Business Day from one time shall not exceed $45,000,000 (the Closing Date until“Revolving Credit Commitment”, but as such amount may be reduced pursuant to Section 3.4 hereof), and (b) as to borrowings and reborrowings) not includingprovided in Section 1.3(a), the Revolver Termination Dateaggregate amount of Letters of Credit issued and outstanding hereunder shall not at any one time exceed the U.S. Dollar Equivalent of $10,000,000. All Advances Each Loan shall be due and payable no later than the Revolver Termination Date. Each Advance shall, at the option in a minimum amount of the Borrower, be a Base Rate Loan $100,000 or a LIBOR Loan such greater amount which is an integral multiple of $25,000; provided, however, that no LIBOR Loan having an Interest Period of 2, 3 Loans which bear interest with reference to the Adjusted Term SOFR or 6 months Offered Rate shall be in such greater amount as is required by Section 2 hereof. The Loans shall be made against and evidenced by a single promissory note of the Company in the form (with appropriate insertions) attached hereto as Exhibit A (the “Note”) payable to the order of the Bank in the principal amount of $45,000,000. The Note shall be dated the date of issuance thereof and be expressed to bear interest as set forth in Section 2 hereof. The Note, and all Loans evidenced thereby, shall mature and be due and payable in full on the Termination Date. Without regard to the principal amount of the Note stated on its face, the actual principal amount at any time in a principal amount outstanding and owing by the Company on account of less than $1,250,000 and no LIBOR Loan having an Interest Period of 1 month the Note shall be the sum of all Loans made at any time under this Section less all payments of principal actually received by the Bank. During the period from and including the date hereof to but not including the Termination Date, the Company may use the Revolving Credit Commitment by borrowing, repaying and reborrowing Loans in a principal amount whole or in part, all in accordance with the terms and conditions of less than $1,000,000this Agreement. Section 1.2.
Appears in 1 contract
Samples: Oil-Dri Corp of America