Common use of Revolving Loan Clause in Contracts

Revolving Loan. Subject to the terms and conditions of this Agreement and in reliance upon the representations and warranties of Borrower contained herein, each Lender agrees, severally and not jointly, to lend to Borrower from time to time during the period from the Closing Date to and excluding the Expiry Date, its Pro Rata Share of the Revolving Loan. The aggregate amount of all Revolving Loan Commitments shall be equal at any one time to Twenty-Three Million Dollars ($23,000,000) from the Closing Date through and including June 29, 1998, and Twenty Million Dollars ($20,000,000) thereafter; and the amount of each Lender's Revolving Loan Commitment shall be equal at any one time to its Pro Rata Share of all Revolving Loan Commitments. Amounts borrowed under this subsection 2.1(B) may be repaid and reborrowed at any time prior to the Expiry Date. No Lender shall have any obligation to make Advances under this subsection 2.1(B) to the extent any requested Advance would cause (i) the principal balance of the Revolving Loan outstanding to exceed the Maximum Revolving Loan Amount, or (ii) such Lender's Pro Rata Share of the principal balance of the Revolving Loan outstanding to exceed such Lender's Revolving Loan Commitment. "MAXIMUM REVOLVING LOAN AMOUNT" means, as of any date of determination, the sum of the Revolving Loan Commitments less any Lender Reimbursement Reserve, any Collateral Disposition Reserve and any Other Lender Reserves.

Appears in 1 contract

Samples: Credit Agreement (Krystal Company)

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Revolving Loan. Subject to the terms and conditions of this Agreement Agreement, and in reliance upon subject to there being no Event of Default (or event which might, with the representations and warranties giving of notice or the passage of time, mature into an Event of Default) by the Borrower contained hereinhereunder, each Lender agrees, severally and not jointly, the Bank agrees to lend and relend to the Borrower, upon request by the Borrower from time made to time the Bank in the manner described in Sections 4(b) and (c) below, during the period from the Closing Date date hereof to the earlier of (A) September 1, 2010, or the termination date of any extension hereof agreed to by the Borrower and excluding the Expiry DateBank as described below, its Pro Rata Share or (B) the date of the Revolving Loan. The aggregate amount occurrence of all Revolving Loan Commitments shall be equal at any one time an Event of Default, unless waived by the Bank (the earlier of such dates being referred to Twenty-Three herein as the “Commitment Termination Date”), a principal sum of up to Five Million Dollars ($23,000,0005,000,000) (the “Total Commitment Amount”), as the Borrower may from time to time request for the Closing Date through and including June 29Borrower’s working capital needs (the “Revolving Loan”); provided, 1998however, that the Bank shall not be required to make, and Twenty Million Dollars ($20,000,000) thereafter; and the amount of each Lender's Borrower shall not be entitled to receive, any Revolving Loan Commitment shall be equal at any one time to its Pro Rata Share of all Revolving Loan Commitments. Amounts borrowed under this subsection 2.1(B) may be repaid and reborrowed at any time prior to if, after giving effect thereto, the Expiry Date. No Lender shall have any obligation to make Advances under this subsection 2.1(B) to the extent any requested Advance would cause (i) the aggregate outstanding principal balance of the Revolving Loan outstanding to would exceed the Maximum Total Commitment Amount. Each Revolving Loan Amounthereunder shall be in the amount of Five Hundred Thousand Dollars ($500,000) or a multiple thereof. The Revolving Loan shall be evidenced by a Seventeenth Amended and Restated Revolving Credit Promissory Note given by the Borrower to the Bank in substantially the form of Exhibit F attached hereto, as amended and/or restated from time to time (the “Revolving Note”). The Revolving Note shall mature and be payable in full on September 1, 2010, unless accelerated or extended as described herein. The Revolving Note shall replace the Sixteenth Amended and Restated Revolving Credit Promissory Note dated as of September 27, 2005 given by the Borrower to the Bank (ii) such Lender's Pro Rata Share the “Prior Note”), and amounts outstanding under the Prior Note shall not be deemed cancelled or satisfied, but shall be evidenced by the Revolving Note instead of by the Prior Note. If the outstanding principal balance of the Revolving Loan outstanding to exceed such Lender's Revolving Loan Commitment. "MAXIMUM REVOLVING LOAN AMOUNT" means, as of at any date of determinationtime exceeds the Total Commitment Amount, the sum Borrower shall immediately, without notice or demand, reduce the outstanding principal balance of the Revolving Loan Commitments such that the Total Commitment Amount is not exceeded. Upon request by the Borrower, the Bank may consider extensions of the Commitment Termination Date, but is not hereby committing in any way thereto. Upon any such extension, at the option of the Bank, the Borrower shall execute a new promissory note substantially identical to the Revolving Note, except reflecting the new Commitment Termination Date, which thereupon shall be the Revolving Note hereunder. Notwithstanding anything to the contrary herein, the Borrower covenants and agrees to pay down the outstanding balance of the Revolving Loan and the Revolving Note to Zero Dollars ($0) for not less any Lender Reimbursement Reservethan thirty (30) consecutive days during each of the Borrower’s fiscal years, any Collateral Disposition Reserve and any Other Lender Reservescommencing with the Borrower’s fiscal year beginning on June 3, 2002.

Appears in 1 contract

Samples: Loan Agreement (Frischs Restaurants Inc)

Revolving Loan. Subject Lenders agree to make available to the terms and conditions Borrower a -------------- revolving line of this Agreement and credit ("Revolving Loan") in reliance upon the representations and warranties maximum principal amount ---------------- outstanding at any one time of Borrower contained hereinTEN MILLION Dollars ($10,000,000) (the "Revolving --------- Commitment Limit"), which Revolving Loan shall be evidenced by one or more ---------------- Revolving Notes, each substantially in the form of Exhibit C hereto (each, a --------- "Revolving Note" and collectively the "Revolving Notes"). Each Revolving Note -------------- shall be registered in the name of a Lender agreesand shall have a maximum principal amount equal to such Lender's Commitment. The Revolving Loan shall mature and be payable in full on April 30, severally 2001 (the "Revolving Maturity Date") as provided in ----------------------- Section 3.3, and not jointly, to lend to interest on the Revolving Loan shall accrue and be payable as ----------- provided in Section 3.1. Borrower may ----------- from time to time during the period from the Closing Date to and excluding the Expiry Date, its Pro Rata Share repay all or a portion of the Revolving Loan. The aggregate amount of all amounts outstanding under the Revolving Loan Commitments shall be equal at any one time (together with accrued interest to Twenty-Three Million Dollars ($23,000,000) from the Closing Date through and including June 29date of repayment on the principal amount so repaid), 1998, and Twenty Million Dollars ($20,000,000) thereafter; and the amount of each Lender's Revolving Loan Commitment shall be equal at any one time to its Pro Rata Share of all Revolving Loan Commitments. Amounts borrowed under this subsection 2.1(B) which amounts may be repaid and reborrowed at any time prior re-borrowed (subject to the Expiry Date. No Lender shall have any obligation Available Amount) so long as the Commitment of the Lenders to make Advances under this subsection 2.1(B) to the extent any requested Advance would cause (i) the principal balance of the Revolving Loan outstanding has not been terminated. With respect to exceed the Maximum Revolving Loan Amount, or (ii) such Lender's Pro Rata Share each disbursement of the principal balance of funds under the Revolving Loan outstanding (an "Advance"), each Lender is ------- hereby authorized to exceed such Lender's Revolving Loan Commitment. "MAXIMUM REVOLVING LOAN AMOUNT" meansrecord, as of any date of determinationon its books and records, the sum date and amount of such Advance, the duration of each Interest Period therefor and the interest rate applicable to such Interest Period. The information so recorded by each Lender shall be conclusive and binding in the absence of manifest error. Notwithstanding the foregoing, the failure by any Lender to record any such information shall not impair the liability of Borrower to make any payment of the Revolving Loan Commitments Obligations when due. Notwithstanding any other provision of this Agreement, Borrower shall have a minimum unused Available Amount of not less any Lender Reimbursement Reserve, any Collateral Disposition Reserve than $5,000,000 at the Closing Date after giving effect to the initial Advance and any Other Lender Reservesshall maintain such minimum unused Available Amount for a period of not less than 30 consecutive days following the Closing Date.

Appears in 1 contract

Samples: Loan and Security Agreement (Powerwave Technologies Inc)

Revolving Loan. Subject to the terms and conditions of this Agreement Agreement, and in reliance upon subject to there being no Event of Default (or event which might, with the representations and warranties giving of Borrower contained hereinnotice or the passage of time, each Lender agreesmature into an Event of Default) hereunder, severally and not jointly, the Bank agrees to lend and relend to the Borrower, upon request by the Borrower from time made to time the Bank in the manner described in Sections 4(b) and (c) below, during the period from the Closing Date date hereof to the earlier of (A) October 21, 2010, or the termination date of any extension hereof agreed to by the Borrower and excluding the Expiry DateBank as described below, its Pro Rata Share or (B) the date of the Revolving Loan. The aggregate amount occurrence of all Revolving Loan Commitments shall be equal at any one time an Event of Default, unless waived by the Bank (the earlier of such dates being referred to Twenty-Three herein as the “Commitment Termination Date”), a principal sum of up to Five Million Dollars ($23,000,0005,000,000) (the “Total Commitment Amount”), as the Borrower may from time to time request for the Closing Date through and including June 29Borrower’s working capital needs (the “Revolving Loan”); provided, 1998however, that the Bank shall not be required to make, and Twenty Million Dollars ($20,000,000) thereafter; and the amount of each Lender's Borrower shall not be entitled to receive, any Revolving Loan Commitment shall be equal at any one time to its Pro Rata Share of all Revolving Loan Commitments. Amounts borrowed under this subsection 2.1(B) may be repaid and reborrowed at any time prior to if, after giving effect thereto, the Expiry Date. No Lender shall have any obligation to make Advances under this subsection 2.1(B) to the extent any requested Advance would cause (i) the aggregate outstanding principal balance of the Revolving Loan outstanding to would exceed the Maximum Total Commitment Amount. Each Revolving Loan Amounthereunder shall be in the amount of Five Hundred Thousand Dollars ($500,000) or a multiple thereof. The Revolving Loan shall be evidenced by an Eighteenth Amended and Restated Revolving Credit Promissory Note given by the Borrower to the Bank in substantially the form of Exhibit F attached hereto, as amended and/or restated from time to time (the “Revolving Note”). The Revolving Note shall mature and be payable in full on October 21, 2010, unless accelerated or extended as described herein. The Revolving Note shall replace the Seventeenth Amended and Restated Revolving Credit Promissory Note dated as of December 3, 2007 given by the Borrower to the Bank (ii) such Lender's Pro Rata Share the “Prior Note”), and amounts outstanding under the Prior Note shall not be deemed cancelled or satisfied, but shall be evidenced by the Revolving Note instead of by the Prior Note. If the outstanding principal balance of the Revolving Loan outstanding to exceed such Lender's Revolving Loan Commitment. "MAXIMUM REVOLVING LOAN AMOUNT" means, as of at any date of determinationtime exceeds the Total Commitment Amount, the sum Borrower shall immediately, without notice or demand, reduce the outstanding principal balance of the Revolving Loan Commitments such that the Total Commitment Amount is not exceeded. Upon request by the Borrower, the Bank may consider extensions of the Commitment Termination Date, but is not hereby committing in any way thereto. Upon any such extension, at the option of the Bank, the Borrower shall execute a new promissory note substantially identical to the Revolving Note, except reflecting the new Commitment Termination Date, which thereupon shall be the Revolving Note hereunder. Notwithstanding anything to the contrary herein, the Borrower covenants and agrees to pay down the outstanding balance of the Revolving Loan and the Revolving Note to Zero Dollars ($0) for not less any Lender Reimbursement Reservethan thirty (30) consecutive days during each of the Borrower’s fiscal years, any Collateral Disposition Reserve and any Other Lender Reserveshaving commenced with the Borrower’s fiscal year beginning on June 3, 2002.

Appears in 1 contract

Samples: Loan Agreement (Frischs Restaurants Inc)

Revolving Loan. Subject to The Loan includes a revolving line of credit in -------------- the maximum principal amount of SIXTEEN MILLION Dollars ($16,000,000) (the "Revolving Commitment Limit"), which shall be evidenced by that certain Revolving Note of even date herewith in such maximum principal amount (the "Revolving Note"). Principal of and Interest on the Revolving Loan shall be due and payable upon the terms and conditions of this Agreement and set forth in reliance upon the representations and warranties Revolving Note. As a sub-facility under the Revolving Loan, Bank shall issue for the benefit of Borrower contained hereinone or more standby letters of credit (each a "L/C", each Lender agreesand collectively the "L/Cs"), severally under which the aggregate of all amounts available to be drawn and all unpaid reimbursement obligations shall not jointly, to lend to Borrower exceed TWO MILLION DOLLARS ($2,000,000). No L/C shall have an expiration date more than 365 days from time to time during its date of issuance or in any event later than the period from the Closing Date to and excluding the Expiry Date, its Pro Rata Share maturity date of the Revolving Loan. The As an additional sub-facility under the Revolving Loan, Bank shall issue for the benefit of Borrower one or more standby letters of credit expiring June 1, 1997 (each a "Short Term L/C", and collectively the "Short Term L/Cs"), under which the aggregate amount of all Revolving Loan Commitments amounts available to be drawn and all unpaid reimbursement obligations shall be equal at any one time to Twenty-Three Million Dollars not exceed NINE MILLION DOLLARS ($23,000,0009,000,000). The Short Term L/C sub-facility shall terminate on June 1, 1997. In no event shall the sum (without duplication) from the Closing Date through and including June 29, 1998, and Twenty Million Dollars ($20,000,000) thereafter; and the amount of each Lender's Revolving Loan Commitment shall be equal at any one time to its Pro Rata Share of all Revolving Loan Commitments. Amounts borrowed under this subsection 2.1(B) may be repaid and reborrowed at any time prior to the Expiry Date. No Lender shall have any obligation to make Advances under this subsection 2.1(B) to the extent any requested Advance would cause (i) the principal balance face amount of all outstanding L/Cs and Short Term plus (ii) the amount of all outstanding L/C and Short Term L/C ---- reimbursement obligations plus (iii) the outstanding Revolving Loan advances ---- exceed the Revolving Commitment Limit. All L/Cs and Short Term shall be drawn on such terms and conditions as are acceptable to Bank, and shall be governed by the terms of Bank's standard form letter of credit applications and reimbursement agreements for commercial letters of credit, which applications and reimbursement agreements Borrower hereby covenants and agrees to execute and deliver to Bank. Borrower shall pay Bank its usual and customary fees in connection with the L/Cs and the Short Term L/Cs. Borrower may from time to time repay all or a portion of the amounts outstanding under the Revolving Loan outstanding to exceed upon the Maximum Revolving Loan Amount, or (ii) such Lender's Pro Rata Share of the principal balance of terms and conditions set forth in the Revolving Loan outstanding to exceed such Lender's Revolving Loan Commitment. "MAXIMUM REVOLVING LOAN AMOUNT" means, as of any date of determination, the sum of the Revolving Loan Commitments less any Lender Reimbursement Reserve, any Collateral Disposition Reserve and any Other Lender ReservesNote.

Appears in 1 contract

Samples: Business Loan Agreement (Taitron Components Inc)

Revolving Loan. Subject to the terms and conditions of this Agreement Agreement, and in reliance upon subject to there being no Event of Default (or event which might, with the representations and warranties giving of Borrower contained hereinnotice or the passage of time, each Lender agreesmature into an Event of Default) hereunder, severally and not jointly, the Bank agrees to lend and relend to the Borrower, upon request by the Borrower from time made to time the Bank in the manner described in Sections 4(b) and (c) below, during the period from the Closing Date date hereof to the earlier of (A) April 15, 2012, or the termination date of any extension hereof agreed to by the Borrower and excluding the Expiry DateBank as described below, its Pro Rata Share or (B) the date of the Revolving Loan. The aggregate amount occurrence of all Revolving Loan Commitments shall be equal at any one time an Event of Default, unless waived by the Bank (the earlier of such dates being referred to Twenty-Three herein as the “Revolver Commitment Termination Date”), a principal sum of up to Five Million Dollars ($23,000,0005,000,000) (the “Total Revolver Commitment Amount”), as the Borrower may from time to time request for the Closing Date through and including June 29Borrower’s working capital needs (the “Revolving Loan”); provided, 1998however, that the Bank shall not be required to make, and Twenty Million Dollars ($20,000,000) thereafter; and the amount of each Lender's Borrower shall not be entitled to receive, any Revolving Loan Commitment shall be equal at any one time to its Pro Rata Share of all Revolving Loan Commitments. Amounts borrowed under this subsection 2.1(B) may be repaid and reborrowed at any time prior to if, after giving effect thereto, the Expiry Date. No Lender shall have any obligation to make Advances under this subsection 2.1(B) to the extent any requested Advance would cause (i) the aggregate outstanding principal balance of the Revolving Loan outstanding to would exceed the Maximum Total Revolver Commitment Amount. Each Revolving Loan Amounthereunder shall be in the amount of Five Hundred Thousand Dollars ($500,000) or a multiple thereof. The Revolving Loan shall be evidenced by a Nineteenth Amended and Restated Revolving Credit Promissory Note given by the Borrower to the Bank in substantially the form of Exhibit H attached hereto, as amended and/or restated from time to time (the “Revolving Note”). The Revolving Note shall mature and be payable in full on April 15, 2012, unless accelerated or extended as described herein. The Revolving Note shall replace the Eighteenth Amended and Restated Revolving Credit Promissory Note dated as of October 21, 2009 given by the Borrower to the Bank (ii) such Lender's Pro Rata Share the “Prior Note”), and amounts outstanding under the Prior Note shall not be deemed cancelled or satisfied, but shall be evidenced by the Revolving Note instead of by the Prior Note. If the outstanding principal balance of the Revolving Loan outstanding to exceed such Lender's Revolving Loan Commitment. "MAXIMUM REVOLVING LOAN AMOUNT" means, as of at any date of determinationtime exceeds the Total Revolver Commitment Amount, the sum Borrower shall immediately, without notice or demand, reduce the outstanding principal balance of the Revolving Loan Commitments such that the Total Revolver Commitment Amount is not exceeded. Upon request by the Borrower, the Bank may consider extensions of the Revolver Commitment Termination Date, but is not hereby committing in any way thereto. Upon any such extension, at the option of the Bank, the Borrower shall execute a new promissory note substantially identical to the Revolving Note, except reflecting the new Revolver Commitment Termination Date, which thereupon shall be the Revolving Note hereunder. Notwithstanding anything to the contrary herein, the Borrower covenants and agrees to pay down the outstanding balance of the Revolving Loan and the Revolving Note to Zero Dollars ($0) for not less any Lender Reimbursement Reservethan thirty (30) consecutive days during each of the Borrower’s fiscal years, any Collateral Disposition Reserve and any Other Lender Reserveshaving commenced with the Borrower’s fiscal year beginning on June 3, 2002.

Appears in 1 contract

Samples: Loan Agreement (Frischs Restaurants Inc)

Revolving Loan. Subject to the terms and conditions of this Agreement Agreement, and in reliance upon subject to there being no Event of Default (or event which might, with the representations and warranties giving of notice or the passage of time, mature into an Event of Default) by the Borrower contained hereinhereunder, each Lender agrees, severally and not jointly, the Bank agrees to lend and relend to the Borrower, upon request by the Borrower from time made to time the Bank in the manner described in Sections 4(b) and (c) below, during the period from the Closing Date date hereof to the earlier of (A) September 1, 2008, or the termination date of any extension hereof agreed to by the Borrower and excluding the Expiry DateBank as described below, its Pro Rata Share or (B) the date of the Revolving Loan. The aggregate amount occurrence of all Revolving Loan Commitments shall be equal at any one time an Event of Default, unless waived by the Bank (the earlier of such dates being referred to Twenty-Three herein as the “Commitment Termination Date”), a principal sum of up to Five Million Dollars ($23,000,0005,000,000) (the “Total Commitment Amount”), as the Borrower may from time to time request for the Closing Date through and including June 29Borrower’s working capital needs (the “Revolving Loan”); provided, 1998however, that the Bank shall not be required to make, and Twenty Million Dollars ($20,000,000) thereafter; and the amount of each Lender's Borrower shall not be entitled to receive, any Revolving Loan Commitment shall be equal at any one time to its Pro Rata Share of all Revolving Loan Commitments. Amounts borrowed under this subsection 2.1(B) may be repaid and reborrowed at any time prior to if, after giving effect thereto, the Expiry Date. No Lender shall have any obligation to make Advances under this subsection 2.1(B) to the extent any requested Advance would cause (i) the aggregate outstanding principal balance of the Revolving Loan outstanding to would exceed the Maximum Total Commitment Amount. Each Revolving Loan Amounthereunder shall be in the amount of Five Hundred Thousand Dollars ($500,000) or a multiple thereof. The Revolving Loan shall be evidenced by a Sixteenth Amended and Restated Revolving Credit Promissory Note given by the Borrower to the Bank in substantially the form of Exhibit F attached hereto, as amended and/or restated from time to time (the “Revolving Note”). The Revolving Note shall mature and be payable in full on September 1, 2008, unless accelerated or extended as described herein. The Revolving Note shall replace the Fifteenth Amended and Restated Revolving Credit Promissory Note dated as of October 15, 2004 given by the Borrower to the Bank (ii) such Lender's Pro Rata Share the “Prior Note”), and amounts outstanding under the Prior Note shall not be deemed cancelled or satisfied, but shall be evidenced by the Revolving Note instead of by the Prior Note. If the outstanding principal balance of the Revolving Loan outstanding to exceed such Lender's Revolving Loan Commitment. "MAXIMUM REVOLVING LOAN AMOUNT" means, as of at any date of determinationtime exceeds the Total Commitment Amount, the sum Borrower shall immediately, without notice or demand, reduce the outstanding principal balance of the Revolving Loan Commitments such that the Total Commitment Amount is not exceeded. Upon request by the Borrower, the Bank may consider extensions of the Commitment Termination Date, but is not hereby committing in any way thereto. Upon any such extension, at the option of the Bank, the Borrower shall execute a new promissory note substantially identical to the Revolving Note, except reflecting the new Commitment Termination Date, which thereupon shall be the Revolving Note hereunder. Notwithstanding anything to the contrary herein, the Borrower covenants and agrees to pay down the outstanding balance of the Revolving Loan and the Revolving Note to Zero Dollars ($0) for not less any Lender Reimbursement Reservethan thirty (30) consecutive days during each of the Borrower’s fiscal years, any Collateral Disposition Reserve and any Other Lender Reservescommencing with the Borrower’s fiscal year beginning on June 3, 2002.

Appears in 1 contract

Samples: Loan Agreement (Frischs Restaurants Inc)

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Revolving Loan. Subject to the terms and conditions of this Agreement conditions, and in reliance relying upon the representations and warranties of Borrower contained hereinset forth in this Agreement, Fleet agrees to make revolving loans (each Lender agrees, severally and not jointly, to lend a "Revolving Loan") to Borrower at any time and from time to time during the period from the Closing Date to and excluding the Expiry Dateuntil terminated as provided in Section 3.02 below, its Pro Rata Share of the Revolving Loan. The aggregate amount of all Revolving Loan Commitments shall be equal at any one time to Twenty-Three Million Dollars ($23,000,000) from the Closing Date through and including June 29, 1998, and Twenty Million Dollars ($20,000,000) thereafter; and the amount of each Lender's Revolving Loan Commitment shall be equal at any one time to its Pro Rata Share of all Revolving Loan Commitments. Amounts borrowed under this subsection 2.1(B) may be repaid and reborrowed at any time prior up to the Expiry Date. No Lender shall have any obligation to make Advances under this subsection 2.1(B) to the extent any requested Advance would cause (i) the principal balance amount of the Revolving Loan outstanding Note. In addition to exceed this Agreement, the Maximum Revolving Loan Amountshall be evidenced by the Commercial Revolving Promissory Note of this date, a copy of which is attached as Exhibit "A" (the "Revolving Loan Note"). Procedure For Revolving Loan Borrowing. Provided that the Revolving Loan Commitment has not been terminated as provided in Section 3.02 below, during the Revolving Loan Commitment Period Borrower may borrow under the Revolving Loan Commitment by giving Fleet irrevocable notice of a request for a Revolving Loan, such irrevocable notice setting forth (A) the amount of the Loan requested, which shall not be less than $25,000, and (B) the requested Borrowing Date, (i) which date shall not be less than two (2) days with respect to a LIBOR Loan, as such term is defined in the Note, or (ii) which date may be the same date of such Lendernotice with respect to Prime Rate loans. Such notice must be written (including, without limitation, via facsimile transmission) and shall be sufficient if received by 2:00 p.m. (Eastern Standard Time) on the date on which such notice is to be given. Unless notification is otherwise furnished by Borrower to Fleet (in a manner consistent with the requirements of this Section 2.01(a)), Revolving Loans will be made by credits to Borrower's Pro Rata Share of the principal balance of deposit account maintained with Fleet. Advances under the Revolving Loan outstanding Note may be used for issuance of commercial letters of credit for the account of the Borrower. All commercial letters of credit shall be made available at standard issuance costs and may have expiration dates of up to exceed such Lender's Revolving Loan Commitment. "MAXIMUM REVOLVING LOAN AMOUNT" means, as of any date of determination, the sum of ninety (90) days after the Revolving Loan Commitments less any Lender Reimbursement Reserve, any Collateral Disposition Reserve and any Other Lender ReservesMaturity Date.

Appears in 1 contract

Samples: Commercial Loan Agreement (Bolt Technology Corp)

Revolving Loan. Subject to the terms and conditions of this Agreement Agreement, and in reliance upon subject to there being no Event of Default (or event which might, with the representations and warranties giving of Borrower contained hereinnotice or the passage of time, each Lender agreesmature into an Event of Default) hereunder, severally and not jointly, the Bank agrees to lend and relend to the Borrower, upon request by the Borrower from time made to time the Bank in the manner described in Sections 4(b) and (c) below, during the period from the Closing Date date hereof to the earlier of (A) October 15, 2013, or the termination date of any extension hereof agreed to by the Borrower and excluding the Expiry DateBank as described below, its Pro Rata Share or (B) the date of the Revolving Loan. The aggregate amount occurrence of all Revolving Loan Commitments shall be equal at any one time an Event of Default, unless waived by the Bank (the earlier of such dates being referred to Twenty-Three herein as the “Revolver Commitment Termination Date”), a principal sum of up to Five Million Dollars ($23,000,0005,000,000) (the “Total Revolver Commitment Amount”), as the Borrower may from time to time request for the Closing Date through and including June 29Borrower's working capital needs (the “Revolving Loan”); provided, 1998however, that the Bank shall not be required to make, and Twenty Million Dollars ($20,000,000) thereafter; and the amount of each Lender's Borrower shall not be entitled to receive, any Revolving Loan Commitment shall be equal at any one time to its Pro Rata Share of all Revolving Loan Commitments. Amounts borrowed under this subsection 2.1(B) may be repaid and reborrowed at any time prior to if, after giving effect thereto, the Expiry Date. No Lender shall have any obligation to make Advances under this subsection 2.1(B) to the extent any requested Advance would cause (i) the aggregate outstanding principal balance of the Revolving Loan outstanding to would exceed the Maximum Total Revolver Commitment Amount. Each Revolving Loan Amounthereunder shall be in the amount of Five Hundred Thousand Dollars ($500,000) or a multiple thereof. The Revolving Loan shall be evidenced by a Twentieth Amended and Restated Revolving Credit Promissory Note given by the Borrower to the Bank in substantially the form of Exhibit H attached hereto, as amended and/or restated from time to time (the “Revolving Note”). The Revolving Note shall mature and be payable in full on October 15, 2013, unless accelerated or extended as described herein. The Revolving Note shall replace the Nineteenth Amended and Restated Revolving Credit Promissory Note dated as of October 21, 2010 given by the Borrower to the Bank (ii) such Lender's Pro Rata Share the “Prior Note”), and amounts outstanding under the Prior Note shall not be deemed cancelled or satisfied, but shall be evidenced by the Revolving Note instead of by the Prior Note. If the outstanding principal balance of the Revolving Loan outstanding to exceed such Lender's Revolving Loan Commitment. "MAXIMUM REVOLVING LOAN AMOUNT" means, as of at any date of determinationtime exceeds the Total Revolver Commitment Amount, the sum Borrower shall immediately, without notice or demand, reduce the outstanding principal balance of the Revolving Loan Commitments such that the Total Revolver Commitment Amount is not exceeded. Upon request by the Borrower, the Bank may consider extensions of the Revolver Commitment Termination Date, but is not hereby committing in any way thereto. Upon any such extension, at the option of the Bank, the Borrower shall execute a new promissory note substantially identical to the Revolving Note, except reflecting the new Revolver Commitment Termination Date, which thereupon shall be the Revolving Note hereunder. Notwithstanding anything to the contrary herein, the Borrower covenants and agrees to pay down the outstanding balance of the Revolving Loan and the Revolving Note to Zero Dollars ($0) for not less any Lender Reimbursement Reservethan thirty (30) consecutive days during each of the Borrower's fiscal years, any Collateral Disposition Reserve and any Other Lender Reserveshaving commenced with the Borrower's fiscal year beginning on June 3, 2002.

Appears in 1 contract

Samples: Loan Agreement (Frischs Restaurants Inc)

Revolving Loan. Subject to the terms and conditions of this Agreement Agreement, and in reliance upon subject to there being no Event of Default (or event which might, with the representations and warranties giving of notice or the passage of time, mature into an Event of Default) by the Borrower contained hereinhereunder, each Lender agrees, severally and not jointly, the Bank agrees to lend and relend to the Borrower, upon request by the Borrower from time made to time the Bank in the manner described in Sections 4(b) and (c) below, during the period from the Closing Date date hereof to the earlier of (A) September 1, 2006, or the termination date of any extension hereof agreed to by the Borrower and excluding the Expiry DateBank as described below, its Pro Rata Share or (B) the date of the Revolving Loan. The aggregate amount occurrence of all Revolving Loan Commitments shall be equal at any one time an Event of Default, unless waived by the Bank (the earlier of such dates being referred to Twenty-Three herein as the “Commitment Termination Date”), a principal sum of up to Five Million Dollars ($23,000,0005,000,000) (the “Total Commitment Amount”), as the Borrower may from time to time request for the Closing Date through and including June 29Borrower’s working capital needs (the “Revolving Loan”); provided, 1998however, that the Bank shall not be required to make, and Twenty Million Dollars ($20,000,000) thereafter; and the amount of each Lender's Borrower shall not be entitled to receive, any Revolving Loan Commitment shall be equal at any one time to its Pro Rata Share of all Revolving Loan Commitments. Amounts borrowed under this subsection 2.1(B) may be repaid and reborrowed at any time prior to if, after giving effect thereto, the Expiry Date. No Lender shall have any obligation to make Advances under this subsection 2.1(B) to the extent any requested Advance would cause (i) the aggregate outstanding principal balance of the Revolving Loan outstanding to would exceed the Maximum Total Commitment Amount. Each Revolving Loan Amounthereunder shall be in the amount of Five Hundred Thousand Dollars ($500,000) or a multiple thereof. The Revolving Loan shall be evidenced by a Fifteenth Amended and Restated Revolving Credit Promissory Note given by the Borrower to the Bank in substantially the form of Exhibit F attached hereto, as amended and/or restated from time to time (the “Revolving Note”). The Revolving Note shall mature and be payable in full on September 1, 2006, unless accelerated or extended as described herein. The Revolving Note shall replace the Fourteenth Amended and Restated Revolving Credit Promissory Note dated as of September 15, 2003 given by the Borrower to the Bank (ii) such Lender's Pro Rata Share the “Prior Note”), and amounts outstanding under the Prior Note shall not be deemed cancelled or satisfied, but shall be evidenced by the Revolving Note instead of by the Prior Note. If the outstanding principal balance of the Revolving Loan outstanding to exceed such Lender's Revolving Loan Commitment. "MAXIMUM REVOLVING LOAN AMOUNT" means, as of at any date of determinationtime exceeds the Total Commitment Amount, the sum Borrower shall immediately, without notice or demand, reduce the outstanding principal balance of the Revolving Loan Commitments such that the Total Commitment Amount is not exceeded. Upon request by the Borrower, the Bank may consider extensions of the Commitment Termination Date, but is not hereby committing in any way thereto. Upon any such extension, at the option of the Bank, the Borrower shall execute a new promissory note substantially identical to the Revolving Note, except reflecting the new Commitment Termination Date, which thereupon shall be the Revolving Note hereunder. Notwithstanding anything to the contrary herein, the Borrower covenants and agrees to pay down the outstanding balance of the Revolving Loan and the Revolving Note to Zero Dollars ($0) for not less any Lender Reimbursement Reservethan thirty (30) consecutive days during each of the Borrower’s fiscal years, any Collateral Disposition Reserve and any Other Lender Reservescommencing with the Borrower’s fiscal year beginning on June 3, 2002.

Appears in 1 contract

Samples: Loan Agreement (Frischs Restaurants Inc)

Revolving Loan. Subject Lenders agree to make available to the terms and conditions Borrower a -------------- revolving line of this Agreement and in reliance upon the representations and warranties of Borrower contained herein, each Lender agrees, severally and not jointly, to lend to Borrower from time to time during the period from the Closing Date to and excluding the Expiry Date, its Pro Rata Share of the credit ("Revolving Loan. The aggregate ") in the maximum principal amount of all Revolving Loan Commitments shall be equal --------------- outstanding at any one time to Twenty-Three Million Dollars ($23,000,000) from the Closing Date through and including June 29, 1998, and Twenty Million of TWENTY MILLION Dollars ($20,000,000) thereafter; (the "Revolving Commitment Limit"), which Revolving Loan shall be evidenced by one or -------------------------- more Revolving Notes, each substantially in the form of Exhibit A hereto (each, --------- a "Revolving Note" and collectively the "Revolving Notes"). Each Revolving Note -------------- --------------- shall be registered in the name of a Lender and shall have a maximum principal amount of each equal to such Lender's Commitment. The Revolving Loan Commitment shall mature and be equal at any one payable in full on May 31, 2001 (the "Revolving Maturity Date"), and interest ----------------------- on the Revolving Loan shall accrue and be payable as provided in Section 3.1. ----------- Borrower may from time to its Pro Rata Share time repay all or a portion of all the amounts outstanding under the Revolving Loan Commitments. Amounts borrowed under this subsection 2.1(B) (together with accrued interest to the date of repayment on the principal amount so repaid), which amounts may be repaid and reborrowed at any time prior re-borrowed (subject to the Expiry Date. No Lender shall have any obligation Revolving Commitment Limit) so long as the Commitment of the Lenders to make Advances under this subsection 2.1(B) to the extent any requested Advance would cause (i) the principal balance of the Revolving Loan outstanding has not been terminated. With respect to exceed the Maximum Revolving Loan Amount, or (ii) such Lender's Pro Rata Share each disbursement of the principal balance of funds under the Revolving Loan outstanding (an "Advance"), ------- each Lender is hereby authorized to exceed such Lender's Revolving Loan Commitment. "MAXIMUM REVOLVING LOAN AMOUNT" meansrecord, as of any date of determinationon its books and records, the sum date and amount of such Advance, the duration of each Interest Period therefor and the interest rate applicable to such Interest Period. The information so recorded by each Lender shall be conclusive and binding in the absence of manifest error. Notwithstanding the foregoing, the failure by any Lender to record any such information shall not impair the liability of Borrower to make any payment of the Revolving Loan Commitments less any Lender Reimbursement Reserve, any Collateral Disposition Reserve and any Other Lender ReservesObligations when due.

Appears in 1 contract

Samples: Loan Agreement (Powerwave Technologies Inc)

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