Revolving Loans and Borrowings. (i) On the terms and subject to the conditions set forth herein, each Lender severally agrees to make Loans to Borrower from time to time as set forth herein equal to such Lender’s Revolving Loan Commitment Percentage of revolving loans (“Revolving Loans”) requested by Borrower hereunder, provided that after giving effect thereto, the Revolving Loan Outstandings shall not exceed the Revolving Loan Limit. Within the foregoing limits, Borrower may borrow under this Section 2.2(a)(i), prepay or repay Revolving Loans as required or permitted under this Section 2.2 and reborrow Revolving Loans pursuant to this Section 2.2(a)(i). (ii) Subject to the limitations set forth in this Section 2.2(a)(ii), Agent is hereby authorized by Borrower and Lenders, from time to time in Agent’s sole discretion, (A) after the occurrence of a Default or an Event of Default, or (B) at any time that any of the other applicable conditions precedent set forth in Section 8.2 have not been satisfied (including without limitation the condition precedent that the Revolving Loan Outstandings not exceed the Borrowing Base plus any other then outstanding Agent Advances) and following the request of Borrower, to make Revolving Loans to Borrower on behalf of Lenders which Agent, in its reasonable business judgment, deems necessary or desirable (1) to preserve or protect the business conducted by Borrower, the Collateral, or any portion thereof, (2) to enhance the likelihood of, or maximize the amount of, repayment of the Loans and other Obligations or (3) to pay any amount chargeable to Borrower pursuant to the terms of this Agreement, including interest payments and costs, fees and expenses as described in Section 10.1 and/or Section 10.4 (any of the advances described in this Section 2.2(a)(ii) being hereafter referred to as “Agent Advances”).
Appears in 3 contracts
Samples: Credit Agreement (Reliant Pharmaceuticals, Inc.), Credit Agreement (Reliant Pharmaceuticals, Inc.), Credit Agreement (Reliant Pharmaceuticals, Inc.)
Revolving Loans and Borrowings. (i) On the terms and subject to the conditions set forth herein, each Lender severally agrees to make Loans to Borrower from time to time as set forth herein (each a “Revolving Loan”, and collectively, “Revolving Loans”) equal to such Lender’s Revolving Loan Commitment Percentage of revolving loans (“Revolving Loans”) Loans requested by Borrower hereunder, provided that after giving effect thereto, the Revolving Loan Outstandings shall not exceed the Revolving Loan Limit. Within the foregoing limits, Borrower may borrow under this Section 2.2(a)(i), may prepay or repay Revolving Loans as required or permitted under this Section 2.2 from time to time and may reborrow Revolving Loans pursuant to this Section 2.2(a)(i).
(ii) Subject If Borrower requests that Revolving Lenders make, or permit to remain outstanding, Revolving Loans in an aggregate principal amount in excess of the limitations set forth then existing Revolving Credit Limit, Administrative Agent may in this Section 2.2(a)(iiits discretion (unless otherwise determined by Required Revolving Lenders) elect to cause all Revolving Lenders to make, or permit to remain outstanding, such excess Revolving Loans (such excess Revolving Loans being referred to as “Overadvance Revolving Loans”), Agent is hereby authorized by Borrower and Lendersprovided, from time however, that Revolving Lenders shall not make, or permit to time in Agent’s sole discretionremain outstanding, (Aa) after the occurrence Revolving Loans in excess of a Default or an Event of Default, or (B) at any time that any of the other applicable conditions precedent set forth in Section 8.2 have not been satisfied (including without limitation the condition precedent that the Revolving Loan Commitment less the sum at such time of (i) the Swingline Loan Outstandings not exceed and (ii) the Borrowing Base plus any other Letter of Credit Liabilities or (b) Overadvance Revolving Loans in excess of 10% of the Revolving Loan Commitment. If Overadvance Revolving Loans are made, or permitted to remain outstanding, pursuant to the preceding sentence, then outstanding Agent Advances(a) clauses (i) and following (ii) of the request definition of BorrowerRevolving Loan Limit and clauses (ii) and (iii) of the definition of Swingline Loan Limit, to make respectively, shall each be deemed increased by the amount of such permitted Overadvance Revolving Loans, but only for so long as such Overadvance Revolving Loans are outstanding and (b) all Revolving Lenders shall be bound to Borrower on behalf of Lenders which Agent, in its reasonable business judgment, deems necessary or desirable (1) to preserve or protect the business conducted by Borrower, the Collateralmake, or any portion thereof, (2) permit to enhance the likelihood of, or maximize the amount of, repayment remain outstanding such Overadvance Revolving Loans based upon their Pro Rata Shares of the Loans and other Obligations or (3) to pay any amount chargeable to Borrower pursuant to Revolving Loan Commitment in accordance with the terms of this Agreement, including interest payments and costs, fees and expenses as described in Section 10.1 and/or Section 10.4 (any of the advances described in this Section 2.2(a)(ii) being hereafter referred to as “Agent Advances”).
Appears in 2 contracts
Samples: Credit Agreement (Collegiate Pacific Inc), Credit Agreement (Collegiate Pacific Inc)
Revolving Loans and Borrowings. (ia) On Subject to the terms and subject to conditions of this Agreement, and during the conditions set forth hereinterm of this Agreement, each Lender severally agrees to make Loans to Borrower from time to time as set forth herein equal to such Lender’s with a Revolving Loan Commitment Percentage of agrees (severally, not jointly or jointly and severally) to make revolving loans (“Revolving Loans”) requested by Borrower hereunderto the Borrowers in an amount at any one time outstanding not to exceed the lesser of:
(i) such Lender’s Revolving Loan Commitment Amount, provided that after giving effect thereto, or
(ii) such Lender’s Pro Rata Share of an amount equal to the lesser of:
(A) the Revolving Loan Outstandings shall not exceed Limit less the Revolving Loan Limit. Within Letter of Credit Usage at such time, or
(B) the foregoing limits, Borrower may borrow under this Section 2.2(a)(i), prepay or repay Revolving Loans as required or permitted under this Section 2.2 and reborrow Revolving Loans Borrowing Base at such time less the Letter of Credit Usage at such time.
(b) Amounts borrowed pursuant to this Section 2.2(a)(i).
(ii) Subject 2.01 may be repaid and, subject to the limitations set forth in terms and conditions of this Section 2.2(a)(ii)Agreement, Agent is hereby authorized by Borrower and Lenders, from time to time in Agent’s sole discretion, (A) after the occurrence of a Default or an Event of Default, or (B) reborrowed at any time that any during the term of this Agreement. The outstanding principal amount of the other applicable conditions precedent set forth in Section 8.2 have not been satisfied (including without limitation Revolving Loans, together with interest accrued and unpaid thereon, shall be due and payable on the condition precedent that Maturity Date or, if earlier, on the Revolving Loan Outstandings not exceed the Borrowing Base plus any other then outstanding Agent Advances) date on which they are declared due and following the request of Borrower, to make Revolving Loans to Borrower on behalf of Lenders which Agent, in its reasonable business judgment, deems necessary or desirable (1) to preserve or protect the business conducted by Borrower, the Collateral, or any portion thereof, (2) to enhance the likelihood of, or maximize the amount of, repayment of the Loans and other Obligations or (3) to pay any amount chargeable to Borrower payable pursuant to the terms of this Agreement.
(c) Anything to the contrary in this Section 2.01 notwithstanding, Administrative Agent shall have the right (but not the obligation) to, upon five (5) Business Days’ prior written notice (during which period the Administrative Agent shall discuss any such proposed establishment, increase, reduction, elimination or other adjustment with the Administrative Borrower and the Administrative Borrower may take such actions as may be required to ensure that the event, condition or matter that is the basis of such establishment, increase, reduction, elimination or other adjustment no longer exists such that the applicable reserve is eliminated) to the Administrative Borrower (provided that such establishment, increase, reduction, elimination or other adjustment of a reserve shall become effective immediately upon the delivery of such written notice for purposes of determining Availability in connection with any Credit Event thereafter), establish, increase, reduce, eliminate, or otherwise adjust reserves from time to time against the Borrowing Base or the Revolving Loan Limit in such amounts, and with respect to such matters (but without duplication), as Administrative Agent in its Permitted Discretion shall deem necessary or appropriate, including interest payments (i) reserves in an amount equal to the Bank Product Reserve Amount, and costs(ii) reserves with respect to (A) sums that the Administrative Borrower or its Restricted Subsidiaries are required to pay under any Section of this Agreement or any other Credit Document (such as Taxes, fees assessments, insurance premiums, or, in the case of leased assets, rents or other amounts payable under such leases) and expenses as described in Section 10.1 and/or Section 10.4 has failed to pay when due, and (B) amounts owing by the Administrative Borrower or its Restricted Subsidiaries to any Person to the extent secured by a Lien on, or trust over, any of the advances described Collateral (other than a Permitted Lien), which Lien or trust, in this Administrative Agent’s Permitted Discretion, likely would have a priority superior to Administrative Agent’s Liens (such as Liens or trusts in favor of landlords, warehousemen, carriers, mechanics, materialmen, laborers, or suppliers, or Liens or trusts for ad valorem, excise, sales, or other Taxes where given priority under applicable law) in and to such item of the Collateral.
(d) The Revolving Loan Commitment shall terminate on the Maturity Date. The Borrowers may reduce the Revolving Loan Commitment, without premium or penalty, by providing written notice of their intent to do so, to an amount not less than the sum of (i) the Revolver Usage as of such date, plus (ii) the principal amount of all Revolving Loans not yet made as to which a request has been given by the Borrowers under Section 2.2(a)(ii2.02(a), plus (iii) the amount of all Letters of Credit not yet issued as to which a request has been given by the Borrowers pursuant to Section 2.04(a). Each such reduction shall be in an amount which is not less than $1,000,000 (unless the Revolving Loan Commitment is being hereafter referred reduced to as “zero and the amount of the Revolving Loan Commitment in effect immediately prior to such reduction are less than $1,000,000), shall be made by providing not less than five (5) Business Days prior written notice to Administrative Agent Advances”)and shall be irrevocable. Once reduced, the Revolving Loan Commitment may not be increased unless the Borrowers, Administrative Agent and Required Lenders otherwise agree in writing, and subject to consent of each such Lender which Revolving Loan Commitment is being increased in accordance with Section 12.12. Each such reduction of the Revolving Loan Commitment shall reduce the Revolving Loan Commitment Amount of each Revolving Lender proportionately in accordance with its Pro Rata Share thereof.
Appears in 1 contract
Samples: Credit Agreement (Urban One, Inc.)
Revolving Loans and Borrowings. (i) On the terms and subject to the conditions set forth herein, each Lender severally agrees to make Loans to Borrower Borrowers from time to time as set forth herein (each a “Revolving Loan”, and collectively, “Revolving Loans”) equal to such Lender’s Revolving Loan Commitment Percentage of revolving loans (“Revolving Loans”) Loans requested by Borrower hereunder, provided provided, however, that after giving effect thereto, the Revolving Loan Outstandings shall not exceed the Revolving Loan Limit. Within the foregoing limitsBorrowers shall deliver to Agent a Notice of Borrowing with respect to each proposed Revolving Loan Borrowing, such Notice of Borrowing to be delivered no later than noon (Chicago time) two (2) Business Days prior to such proposed borrowing. Each Borrower may borrow under this Section 2.2(a)(i), prepay or repay and each Revolving Lender hereby authorizes Agent to make Revolving Loans as required or permitted under this Section 2.2 and reborrow on behalf of Revolving Loans pursuant to this Section 2.2(a)(i).
(ii) Subject to the limitations set forth in this Section 2.2(a)(ii), Agent is hereby authorized by Borrower and Lenders, from time to at any time in Agent’s its sole discretion, (A) after the occurrence as provided in Section 2.4(c), with respect to obligations arising under Support Agreements and/or Lender Letters of a Default or an Event of DefaultCredit, or and (B) at any time that any of the other applicable conditions precedent set forth to pay principal owing in Section 8.2 have not been satisfied (including without limitation the condition precedent that the Revolving Loan Outstandings not exceed the Borrowing Base plus any other then outstanding Agent Advances) and following the request of Borrower, to make Revolving Loans to Borrower on behalf of Lenders which Agent, in its reasonable business judgment, deems necessary or desirable (1) to preserve or protect the business conducted by Borrower, the Collateral, or any portion thereof, (2) to enhance the likelihood of, or maximize the amount of, repayment respect of the Loans and interest, fees, expenses and other Obligations charges of any Credit Party from time to time arising under this Agreement or any other Financing Document. The Borrowing Base shall be determined by Agent based on the most recent Borrowing Base Certificate delivered to Agent in accordance with this Agreement and such other information as may be available to Agent. Without limiting any other rights and remedies of Agent hereunder or under the other Financing Documents, the Revolving Loans shall be subject to Agent’s continuing right to withhold from the Borrowing Base reserves (3) including, without limitation, a reserve in connection with the standard return policy of any Borrower), and to pay any amount chargeable increase and decrease such reserves from time to Borrower pursuant time, if and to the terms of this Agreementextent that in Agent’s good faith credit judgment and discretion, including interest payments and costs, fees and expenses as described in Section 10.1 and/or Section 10.4 (any of the advances described in this Section 2.2(a)(ii) being hereafter referred to as “Agent Advances”)such reserves are necessary.
Appears in 1 contract
Samples: Credit and Security Agreement (Advancis Pharmaceutical Corp)
Revolving Loans and Borrowings. (ia) On Subject to the terms and subject to conditions of this Agreement, and during the conditions set forth hereinterm of this Agreement, each Lender severally agrees to make Loans to Borrower from time to time as set forth herein equal to such Lender’s with a Revolving Loan Commitment Percentage of agrees (severally, not jointly or jointly and severally) to make revolving loans (“Revolving Loans”) requested by to the Borrower hereunderin an amount at any one time outstanding not to exceed the lesser of:
(i) such Lender’s Revolving Loan Commitment Amount, provided that after giving effect thereto, or
(ii) such Lender’s Pro Rata Share of an amount equal to the lesser of:
(A) the Revolving Loan Outstandings shall not exceed Limit less the Revolving Loan Limit. Within Letter of Credit Usage at such time, or
(B) the foregoing limits, Borrower may borrow under this Section 2.2(a)(i), prepay or repay Revolving Loans as required or permitted under this Section 2.2 and reborrow Revolving Loans Borrowing Base at such time less the Letter of Credit Usage at such time.
(b) Amounts borrowed pursuant to this Section 2.2(a)(i).
(ii) Subject 2.01 may be repaid and, subject to the limitations set forth in terms and conditions of this Section 2.2(a)(ii)Agreement, Agent is hereby authorized by Borrower and Lenders, from time to time in Agent’s sole discretion, (A) after the occurrence of a Default or an Event of Default, or (B) reborrowed at any time that any during the term of this Agreement. The outstanding principal amount of the other applicable conditions precedent set forth in Section 8.2 have not been satisfied (including without limitation Revolving Loans, together with interest accrued and unpaid thereon, shall be due and payable on the condition precedent that Maturity Date or, if earlier, on the Revolving Loan Outstandings not exceed the Borrowing Base plus any other then outstanding Agent Advances) date on which they are declared due and following the request of Borrower, to make Revolving Loans to Borrower on behalf of Lenders which Agent, in its reasonable business judgment, deems necessary or desirable (1) to preserve or protect the business conducted by Borrower, the Collateral, or any portion thereof, (2) to enhance the likelihood of, or maximize the amount of, repayment of the Loans and other Obligations or (3) to pay any amount chargeable to Borrower payable pursuant to the terms of this Agreement.
(c) Anything to the contrary in this Section 2.01 notwithstanding, Administrative Agent shall have the right (but not the obligation) to establish, increase, reduce, eliminate, or otherwise adjust reserves from time to time against the Borrowing Base or the Revolving Loan Limit in such amounts, and with respect to such matters (but without duplication), as Administrative Agent in its Permitted Discretion shall deem necessary or appropriate, including interest payments (i) reserves in an amount equal to the Bank Product Reserve Amount, and costs(ii) reserves with respect to (A) sums that the Borrower or its Restricted Subsidiaries are required to pay under any Section of this Agreement or any other Credit Document (such as taxes, fees assessments, insurance premiums, or, in the case of leased assets, rents or other amounts payable under such leases) and expenses as described in Section 10.1 and/or Section 10.4 has failed to pay when due, and (B) amounts owing by the Borrower or its Restricted Subsidiaries to any Person to the extent secured by a Lien on, or trust over, any of the advances described Collateral (other than a Permitted Lien), which Lien or trust, in this Administrative Agent’s Permitted Discretion, likely would have a priority superior to Administrative Agent’s Liens (such as Liens or trusts in favor of landlords, warehousemen, carriers, mechanics, materialmen, laborers, or suppliers, or Liens or trusts for ad valorem, excise, sales, or other taxes where given priority under applicable law) in and to such item of the Collateral.
(d) The Revolving Loan Commitment shall terminate on the Maturity Date. The Borrower may reduce the Revolving Loan Commitment, without premium or penalty, by providing written notice of its intent to do so, to an amount not less than the sum of (i) the Revolver Usage as of such date, plus (ii) the principal amount of all Revolving Loans not yet made as to which a request has been given by the Borrower under Section 2.2(a)(ii2.02(a), plus (iii) the amount of all Letters of Credit not yet issued as to which a request has been given by the Borrower pursuant to Section 2.04(a); provided, that the Revolving Loan Commitment may not be reduced below $10,000,000 (unless the Revolving Loan Commitment is being hereafter referred reduced to as “zero). Each such reduction shall be in an amount which is not less than $1,000,000 (unless the Revolving Loan Commitment is being reduced to zero and the amount of the Revolving Loan Commitment in effect immediately prior to such reduction are less than $1,000,000), shall be made by providing not less than five (5) Business Days prior written notice to Administrative Agent Advances”)and shall be irrevocable. Once reduced, the Revolving Loan Commitment may not be increased unless the Borrower, Administrative Agent and Required Lenders otherwise agree in writing. Each such reduction of the Revolving Loan Commitment shall reduce the Revolving Loan Commitment Amount of each Revolving Lender proportionately in accordance with its Pro Rata Share thereof.
Appears in 1 contract
Samples: Credit Agreement (Radio One, Inc.)
Revolving Loans and Borrowings. (ia) On Subject to the terms and subject to conditions of this Agreement, and during the conditions set forth hereinterm of this Agreement, each Lender severally agrees to make Loans to Borrower from time to time as set forth herein equal to such Lender’s with a Revolving Loan Commitment Percentage of agrees (severally, not jointly or jointly and severally) to make revolving loans (“Revolving Loans”) requested by Borrower hereunderto the Borrowers in an amount at any one time outstanding not to exceed the lesser of:
(i) such Xxxxxx’s Revolving Loan Commitment Amount, provided that after giving effect thereto, or
(ii) such Xxxxxx’s Pro Rata Share of an amount equal to the lesser of:
(A) the Revolving Loan Outstandings shall not exceed Limit less the Revolving Loan Limit. Within Letter of Credit Usage at such time, or
(B) the foregoing limits, Borrower may borrow under this Section 2.2(a)(i), prepay or repay Revolving Loans as required or permitted under this Section 2.2 and reborrow Revolving Loans Borrowing Base at such time less the Letter of Credit Usage at such time.
(b) Amounts borrowed pursuant to this Section 2.2(a)(i).
(ii) Subject 2.01 may be repaid and, subject to the limitations set forth in terms and conditions of this Section 2.2(a)(ii)Agreement, Agent is hereby authorized by Borrower and Lenders, from time to time in Agent’s sole discretion, (A) after the occurrence of a Default or an Event of Default, or (B) reborrowed at any time that any during the term of this Agreement. The outstanding principal amount of the other applicable conditions precedent set forth in Section 8.2 have not been satisfied (including without limitation Revolving Loans, together with interest accrued and unpaid thereon, shall be due and payable on the condition precedent that Maturity Date or, if earlier, on the Revolving Loan Outstandings not exceed the Borrowing Base plus any other then outstanding Agent Advances) date on which they are declared due and following the request of Borrower, to make Revolving Loans to Borrower on behalf of Lenders which Agent, in its reasonable business judgment, deems necessary or desirable (1) to preserve or protect the business conducted by Borrower, the Collateral, or any portion thereof, (2) to enhance the likelihood of, or maximize the amount of, repayment of the Loans and other Obligations or (3) to pay any amount chargeable to Borrower payable pursuant to the terms of this Agreement.
(c) Anything to the contrary in this Section 2.01 notwithstanding, Administrative Agent shall have the right (but not the obligation) to, upon five (5) Business Days’ prior written notice (during which period the Administrative Agent shall discuss any such proposed establishment, increase, reduction, elimination or other adjustment with the Administrative Borrower and the Administrative Borrower may take such actions as may be required to ensure that the event, condition or matter that is the basis of such establishment, increase, reduction, elimination or other adjustment no longer exists such that the applicable reserve is eliminated) to the Administrative Borrower (provided that such establishment, increase, reduction, elimination or other adjustment of a reserve shall become effective immediately upon the delivery of such written notice for purposes of determining Availability in connection with any Credit Event thereafter), establish, increase, reduce, eliminate, or otherwise adjust reserves from time to time against the Borrowing Base or the Revolving Loan Limit in such amounts, and with respect to such matters (but without duplication), as Administrative Agent in its Permitted Discretion shall deem necessary or appropriate, including interest payments (i) reserves in an amount equal to the Bank Product Reserve Amount, and costs(ii) reserves with respect to (A) sums that the Administrative Borrower or its Restricted Subsidiaries are required to pay under any Section of this Agreement or any other Credit Document (such as Taxes, fees assessments, insurance premiums, or, in the case of leased assets, rents or other amounts payable under such leases) and expenses as described in Section 10.1 and/or Section 10.4 has failed to pay when due, and (B) amounts owing by the Administrative Borrower or its Restricted Subsidiaries to any Person to the extent secured by a Lien on, or trust over, any of the advances described Collateral (other than a Permitted Lien), which Lien or trust, in this Administrative Agent’s Permitted Discretion, likely would have a priority superior to Administrative Agent’s Liens (such as Liens or trusts in favor of landlords, warehousemen, carriers, mechanics, materialmen, laborers, or suppliers, or Liens or trusts for ad valorem, excise, sales, or other Taxes where given priority under applicable law) in and to such item of the Collateral.
(d) The Revolving Loan Commitment shall terminate on the Maturity Date. The Borrowers may reduce the Revolving Loan Commitment, without premium or penalty, by providing written notice of their intent to do so, to an amount not less than the sum of (i) the Revolver Usage as of such date, plus (ii) the principal amount of all Revolving Loans not yet made as to which a request has been given by the Borrowers under Section 2.2(a)(ii2.02(a), plus (iii) the amount of all Letters of Credit not yet issued as to which a request has been given by the Borrowers pursuant to Section 2.04(a). Each such reduction shall be in an amount which is not less than $1,000,000 (unless the Revolving Loan Commitment is being hereafter referred reduced to as “zero and the amount of the Revolving Loan Commitment in effect immediately prior to such reduction are less than $1,000,000), shall be made by providing not less than five (5) Business Days prior written notice to Administrative Agent Advances”)and shall be irrevocable. Once reduced, the Revolving Loan Commitment may not be increased unless the Borrowers, Administrative Agent and Required Lenders otherwise agree in writing, and subject to consent of each such Lender which Revolving Loan Commitment is being increased in accordance with Section 12.12. Each such reduction of the Revolving Loan Commitment shall reduce the Revolving Loan Commitment Amount of each Revolving Lender proportionately in accordance with its Pro Rata Share thereof.
Appears in 1 contract
Samples: Credit Agreement (Urban One, Inc.)
Revolving Loans and Borrowings. (i) On the terms and subject to the conditions set forth herein, each Lender severally agrees to make Loans to each Borrower from time to time as set forth herein equal to such Lender’s 's Revolving Loan Commitment Percentage of revolving loans (“Revolving Loans”"REVOLVING LOANS") requested by such Borrower hereunder, provided that after giving effect thereto, the Revolving Loan Outstandings shall not exceed the Revolving Loan Limit. Within the foregoing limits, each Borrower may borrow under this Section 2.2(a)(i), prepay or repay Revolving Loans as required or permitted under this Section 2.2 and reborrow Revolving Loans pursuant to this Section 2.2(a)(i).
(ii) Subject to the limitations set forth in this Section 2.2(a)(ii), Agent is hereby authorized by Borrower Borrowers and Lenders, from time to time in Agent’s 's sole discretion, (A) after the occurrence of a Default or an Event of Default, or (B) at any time that any of the other applicable conditions precedent set forth in Section 8.2 have not been satisfied (including without limitation the condition precedent that the Revolving Loan Outstandings not exceed the Borrowing Base plus any other then outstanding Agent Advances) and following the request of Borrower), to make Revolving Loans to each Borrower on behalf of Lenders which Agent, in its reasonable business judgment, deems necessary or desirable desirable
(1) to preserve or protect the business conducted by each Borrower, the Collateral, or any portion thereof, (2) to enhance the likelihood of, or maximize the amount of, repayment of the Loans and other Obligations or Obligations, (3) to pay any amount chargeable to any Borrower pursuant to the terms of this Agreement, including required principal payments on Term Loans, interest payments and costs, fees and expenses as described in Section 10.1 and/or Section 10.4 or (4) to satisfy payment obligations under Support Agreements (any of the advances described in this Section 2.2(a)(ii) being hereafter referred to as “"AGENT ADVANCES"); provided, that (i) Required Lenders may at any time revoke Agent's authorization to make Agent Advances”, except Agent Advances applied in the manner described in the preceding clauses (3) and (4), any such revocation to be in writing and to become effective prospectively upon the Agent's receipt thereof, (ii) Agent Advances shall be made solely as Prime Rate Loans, (iii) the aggregate amount of Agent Advances outstanding at any time, exclusive of those made pursuant to the preceding clauses (3) and (4), shall not exceed $850,000 and (iv) Agent shall be prohibited from making Agent Advances to the extent the making thereof would cause the Revolving Loan Outstandings (inclusive of Agent Advances) to exceed the Revolving Loan Commitment.
Appears in 1 contract