Revolving Line. (a) Subject to the terms and conditions set forth in this Credit Agreement, each Bank shall provide to Borrower a revolving line of credit (each, a "RLC"), against which a Bank shall fund its Pro Rata Share of each RLC Advance to be made to Borrower, repaid by Borrower, and readvanced to Borrower, as Borrower may request, and the Issuing Bank shall issue such Letters of Credit as Borrower shall request, which may be terminated or repaid by Borrower and reissued provided that (i) there is no Event of Default under any provision of this Credit Agreement, (ii) no RLC Advance shall be made or Letter of Credit issued that would cause the RLC Balance to exceed the RLC Commitment, (iii) no Bank shall be obligated under any circumstances to fund an RLC Advance in excess of that Bank's Pro Rata Share of the requested RLC Advance, (iv) the aggregate amount of a Bank's funding of the RLC Balance at any one time outstanding shall not exceed its Pro Rata Share of the RLC Commitment, and (v) no Letter of Credit shall be issued with a Stated Expiry Date later than the RLC Maturity Date. The Banks shall not be obligated to fund their Pro Rata Share of any RLC Advance if, after giving effect thereto, any of the foregoing limitations would be exceeded. (b) The failure of any Bank to fund its Pro Rata Share of an RLC Advance in accordance with its Pro Rata Share of the RLC Commitment shall not relieve any other Bank of its several obligations hereunder, but no Bank shall be liable with respect to the obligation of any other Bank hereunder. (c) RLC Advances may be made for the purpose of providing to Borrower working capital financing or in connection with a Disbursement under a Letter of Credit.
Appears in 2 contracts
Samples: Credit Agreement (Three Five Systems Inc), Credit Agreement (Three Five Systems Inc)
Revolving Line. (a) Subject to the terms and conditions set forth in this Senior Credit Agreement, each Bank shall provide to Borrower a revolving line of credit (each, a "RLC"), against which a Bank shall fund its Pro Rata Share of each RLC Advance to be made to Borrower, repaid by Borrower, and readvanced to Borrower, as Borrower may request, and the Issuing Bank shall issue such Letters of Credit as Borrower shall request, which may be terminated or repaid by Borrower and reissued provided that (i) there is no Event of Default under any provision of this Senior Credit Agreement, (ii) no RLC Advance shall be made or Letter of Credit issued that would cause the RLC Balance to exceed the lesser of the RLC Borrowing Base or the RLC Commitment, (iii) no Bank shall be obligated under any circumstances to fund an RLC Advance in excess of that Bank's Pro Rata Share of the requested RLC Advance, (iv) the aggregate amount of a Bank's funding of the RLC Balance at any one time outstanding shall not exceed its Pro Rata Share of the lesser of the RLC Borrowing Base or the RLC Commitment, and (v) no Letter of Credit shall be issued with a Stated Expiry Date later than the RLC Maturity Date. The Banks shall not be obligated to fund their Pro Rata Share of any RLC Advance if, after giving effect thereto, any of the foregoing limitations would be exceeded.
(b) The failure of any Bank to fund its Pro Rata Share of an RLC Advance in accordance with its Pro Rata Share of the lesser of the RLC Borrowing Base or the RLC Commitment shall not relieve any other Bank of its several obligations hereunder, but no Bank shall be liable with respect to the obligation of any other Bank hereunder.
(c) RLC Advances may be made for the purpose of providing to Borrower working capital financing or in connection with a Disbursement under a Letter of Credit. No RLC Advances shall be made for the purpose of purchasing stock of the Borrower or refinancing any Subordinated Debt.
(d) Notwithstanding anything herein to the contrary, an amount of the RLC Commitment equal to $600,000.00 shall not be disbursed for any purpose other than to pay the fees, costs and expenses of the Administrative Agent, the Banks and their agents (including, without limitation, attorneys' fees and costs) with respect to the documentation of the Loans, and the drafting of the Credit Documents and any modification thereof until the Administrative Agent shall have determined in its sole discretion that all such amounts have been fully paid.
Appears in 1 contract
Samples: Modification Agreement (Simula Inc)
Revolving Line. (a) Subject to the terms and conditions set forth in this Senior Credit Agreement, each Bank shall provide to Borrower a revolving line of credit (each, a "RLC"), against which a Bank shall fund its Pro Rata Share of each RLC Advance to be made to Borrower, repaid by Borrower, and readvanced to Borrower, as Borrower may request, and the Issuing Bank shall issue such Letters of Credit as Borrower shall request, which may be terminated or repaid by Borrower and reissued provided that (i) there is no Event of Default under any provision of this Senior Credit Agreement, (ii) no RLC Advance shall be made or Letter of Credit issued that would cause the RLC Balance to exceed the RLC Commitment, (iii) no Bank shall be obligated under any circumstances to fund an RLC Advance in excess of that Bank's Pro Rata Share of the requested RLC Advance, (iv) the aggregate amount of a Bank's funding of the RLC Balance at any one time outstanding shall not exceed its Pro Rata Share of the RLC Commitment, and (v) no Letter of Credit shall be issued with a Stated Expiry Date later than the RLC Maturity Date. The Banks shall not be obligated to fund their Pro Rata Share of any RLC Advance if, after giving effect thereto, any of the foregoing limitations would be exceeded.
(b) The failure of any Bank to fund its Pro Rata Share of an RLC Advance in accordance with its Pro Rata Share of the RLC Commitment shall not relieve any other Bank of its several obligations hereunder, but no Bank shall be liable with respect to the obligation of any other Bank hereunder.
(c) RLC Advances may be made for the purpose of providing to Borrower working capital financing or in connection with a Disbursement under a Letter of Credit.
Appears in 1 contract
Samples: Senior Credit Agreement (Simula Inc)
Revolving Line. (a) Subject to the terms and conditions set forth in this Credit Agreement, each Bank shall provide to Borrower a revolving line of credit (each, a "RLCRLCT"), against which a Bank shall fund its Pro Rata Share of each RLC RLCT Advance to be made to Borrower, repaid by Borrower, and readvanced to Borrower, as Borrower may request, and the Issuing Bank shall issue such Letters of Credit as Borrower shall request, which may be terminated or repaid by Borrower and reissued provided that (i) there is no Event of Default under any provision of this Credit Agreement, (ii) no RLC RLCT Advance shall be made or Letter of Credit issued that would cause the RLC RLCT Balance to exceed the RLC RLCT Commitment, (iii) no Bank shall be obligated under any circumstances to fund an RLC RLCT Advance in excess of that Bank's Pro Rata Share of the requested RLC RLCT Advance, (iv) the aggregate amount of a Bank's funding of the RLC RLCT Balance at any one time outstanding shall not exceed its Pro Rata Share of the RLC RLCT Commitment, and (v) no Letter of Credit RLCT Advance shall be issued with a Stated Expiry Date later than made after the RLC Maturity RLCT Termination Date. The Banks shall not be obligated to fund their Pro Rata Share of any RLC RLCT Advance if, after giving effect thereto, any of the foregoing limitations would be exceeded.
(b) The failure of any Bank to fund its Pro Rata Share of an RLC RLCT Advance in accordance with its Pro Rata Share of the RLC RLCT Commitment shall not relieve any other Bank of its several obligations hereunder, but no Bank shall be liable with respect to the obligation of any other Bank hereunder.
(c) RLC Advances may be made for the purpose of providing to Borrower working capital financing or in connection with a Disbursement under a Letter of Credit.
Appears in 1 contract
Revolving Line. (a) Subject to the terms and conditions set forth in this Credit Agreement, each Bank shall provide to Borrower a revolving line of credit (each, a "RLC"), against which a Bank shall fund its Pro Rata Share of each RLC Advance to be made to Borrower, repaid by Borrower, and readvanced to Borrower, as Borrower may request, and the Issuing Bank shall issue such Letters of Credit as Borrower shall request, which may be terminated or repaid by Borrower and reissued provided that (i) there is no Event of Default under any provision of this Credit Agreement, (ii) no RLC Advance shall be made or Letter of Credit issued that would cause the RLC Balance to exceed the lesser of the RLC CommitmentCommitment or the RLC Borrowing Base, (iii) no Bank shall be obligated under any circumstances to fund an RLC Advance in excess of that Bank's Pro Rata Share of the requested RLC Advance, (iv) the aggregate amount of a Bank's funding of the RLC Balance at any one time outstanding shall not exceed its Pro Rata Share of the lesser of the RLC CommitmentCommitment or the RLC Borrowing Base, and (v) no Letter of Credit shall be issued with a Stated Expiry Date later than the RLC Maturity Date. The Banks shall not be obligated to fund their Pro Rata Share of any RLC Advance if, after giving effect thereto, any of the foregoing limitations would be exceeded.
(b) The failure of any Bank to fund its Pro Rata Share of an RLC Advance in accordance with its Pro Rata Share of the lesser of the RLC Commitment or the RLC Borrowing Base shall not relieve any other Bank of its several obligations hereunder, but no Bank shall be liable with respect to the obligation of any other Bank hereunder.
(c) RLC Advances may be made for the purpose of refinancing the Prior RLC, of providing to Borrower working capital financing financing, of providing funding assistance to Golden Eagle, or in connection with of funding a Disbursement under a Letter of CreditCredit for any such purpose.
Appears in 1 contract
Samples: Credit Agreement (Hypercom Corp)
Revolving Line. (a) Subject to the terms and conditions set forth in this Credit Agreement, each Bank shall provide to Borrower a revolving line of credit (each, a "RLC"), against which a Bank shall fund its Pro Rata Share of each RLC Advance to be made to Borrower, repaid by Borrower, and readvanced to Borrower, as Borrower may request, and the Issuing Bank shall issue such Letters of Credit as Borrower shall request, which may be terminated or repaid by Borrower and reissued reissued, provided that (i) there is no Event of Default under any provision of this Credit Agreement, (ii) no RLC Advance shall be made or Letter of Credit issued that would cause the RLC Balance to exceed the RLC CommitmentBorrowing Availability, (iii) no Bank shall be obligated under any circumstances to fund an RLC Advance in excess of that Bank's Pro Rata Share of the requested RLC Advance, (iv) the aggregate amount of a Bank's funding of the RLC Balance at any one time outstanding shall not exceed its Pro Rata Share of the RLC Commitment, and (v) no Letter of Credit shall be issued with a Stated Expiry Date later than the RLC Maturity Date. The Banks shall not be obligated to fund their Pro Rata Share of any RLC Advance if, after giving effect thereto, any of the foregoing limitations would be exceeded.
(b) The failure of any Bank to fund its Pro Rata Share of an RLC Advance in accordance with its Pro Rata Share of the RLC Commitment shall not relieve any other Bank of its several obligations hereunder, but no Bank shall be liable with respect to the obligation of any other Bank hereunder.
(c) RLC Advances may be made for the purpose of providing to Borrower working capital financing or in connection with a Disbursement under a Letter of Creditfinancing.
Appears in 1 contract
Samples: Credit Agreement (Meritage Corp)