Term of Revolving Loan Commitments. The Revolving Loan Commitments shall become effective immediately as of the Closing Date, and as of the Closing Date, the Borrower may obtain Revolving Loans and Letters of Credit subject to the terms and conditions contained herein. The Revolving Loan Commitments shall continue in effect until the Revolving Loan Commitment Termination Date, unless sooner terminated (a) by the Banks upon the occurrence and during the continuation of an Event of Default, or (b) by the Borrower at any time in its sole and absolute discretion. The Borrower may request, not less than sixty (60) days prior to October 11, 1999 or any subsequent Revolving Loan Commitment Termination Date, that the Revolving Loan Commitment Termination Date be extended for a period selected by the Borrower and acceptable to the Banks. The Agent shall notify the Borrower in writing, within thirty (30) days of receipt of such request, whether the Banks have elected to so extend the Revolving Loan Commitment Termination Date. In the event the Agent fails to give such written notice to the Borrower within such thirty (30) day period, such failure shall constitute an affirmative election by the Banks not to so extend the Revolving Loan Commitment Termina- tion Date. The Revolving Loan Commitment Termination Date may only be extended by the unanimous written consent of all of the Banks in their sole and absolute discretion as communicated in writing to the Agent. If any Bank elects not to extend the Revolving Loan Commitment Termination Date, the Agent shall notify the Borrower thereof and such Bank shall constitute an "Affected Bank" for pur- poses of Section 10.E hereof. In the event the Banks elect not to extend the Revolving Loan Commitment Termination Date, the Revolv- ing Loan Commitments shall terminate, and the entire unpaid prin- cipal balance of and all accrued and unpaid interest on the Revolv- ing Loans and the other Obligations shall be respectively due and payable in full to the Banks on the then Revolving Loan Commitment Termination Date, subject at all times to the Banks' absolute right to terminate the Revolving Loan Commitments upon the occurrence and during the continuation of an Event of Default. Upon termination of the Revolving Loan Commitments by the Banks upon the occurrence and during the continuation of an Event of Default, or by the Bor- rower at any time in its sole and absolute discretion, the entire unpaid principal balance of and all accrued and unpaid interest on the Revolving Loans and all other Obligations shall be respectively due and payable in full to the Banks. The termination of the Re- volving Loan Commitments, for whatever reason, shall not in any way release or relieve the Borrower from its obligations incurred here- under or in connection herewith or under the Revolving Notes or the other Loan Instruments and the provisions hereof and of the Revolv- ing Notes and the other Loan Instruments shall continue in full force and effect until the Revolving Notes and all other Obliga- tions have been respectively paid in full to the Banks. In the event the Borrower terminates the Revolving Loan Commitments, which the Borrower has the right to do at any time in its sole and abso- lute discretion, the Borrower shall be obligated to pay the Revolv- ing Notes and all other Obligations in full to the Banks, respec- tively.
Appears in 1 contract
Term of Revolving Loan Commitments. The Revolving Loan Commitments shall become effective immediately as of the Closing Date, and as of the Closing Date, the Borrower may obtain Revolving Credit Loans and Letters of Credit subject to the terms and conditions contained herein. The Revolving Loan Commitments shall continue in effect until the Revolving Loan Commitment Termination Date, unless sooner terminated (a) by the Banks upon the occurrence and during the continuation of an Event of Default, or (b) by the Borrower at any time in its sole and absolute discretion. The Borrower may request, not less than sixty (60) days prior to October 11, 1999 or any subsequent Revolving Loan Commitment Termination Date, that the Revolving Loan Commitment Termination Date be extended for a period selected by the Borrower and acceptable to the Banks. The Agent shall notify the Borrower in writing, within thirty (30) days of receipt of such request, whether the Banks have elected to so extend the Revolving Loan Commitment Termination Date. In the event the Agent fails to give such written notice to the Borrower within such thirty (30) day period, such failure shall constitute an affirmative election by the Banks not to so extend the Revolving Loan Commitment Termina- tion Date. The Revolving Loan Commitment Termination Date may only be extended by the unanimous written consent of all of the Banks in their sole and absolute discretion as communicated in writing to the Agentdiscretion. If any Bank elects not to extend the Revolving Loan Commitment Termination Date, the Agent such Bank shall notify the Borrower thereof and such Bank shall constitute an "Affected Bank" for pur- poses of Section 10.E hereofthe other Banks thereof. In the event the Banks elect any Bank elects not to extend the Revolving Loan Commitment Termination Date, the Revolv- ing Revolving Loan Commitments shall terminate, and the entire unpaid prin- cipal principal balance of and all accrued and unpaid interest on the Revolv- ing Revolving Credit Loans and the other Obligations Letters of Credit shall be respectively due and payable in full to the Banks on the then Revolving Loan Commitment Termination Date, subject at all times to the Banks' absolute right to terminate the Revolving Loan Commitments upon the occurrence and during the continuation of an Event of Default. Upon termination of the Revolving Loan Commitments by the Banks upon the occurrence and during the continuation of an Event of Default, or by the Bor- rower Borrower at any time in its sole and absolute discretion, the entire unpaid principal balance of and all accrued and unpaid interest on the Revolving Credit Loans and all other Obligations the Letters of Credit shall be respectively due and payable in full to the Banks. The termination of the Re- volving Revolving Loan Commitments, for whatever reason, shall not in any way release or relieve the Borrower from its obligations incurred here- under hereunder or in connection herewith or under the Revolving Notes Credit Notes, the Applications and Agreements for Letters of Credit, or the other Loan Instruments Documents and the provisions hereof and of the Revolv- ing Notes Revolving Credit Notes, the Applications and Agreements for Letters of Credit, and the other Loan Instruments Documents shall continue in full force and effect until the Revolving Notes Credit Notes, the Applications and Agreements for Letters of Credit and all other Obliga- tions Obligations have been respectively paid in full to the Banks. In the event the Borrower terminates the Revolving Loan Commitments, which the Borrower has the right to do at any time in its sole and abso- lute discretion, the Borrower shall be obligated to pay the Revolv- ing Notes and all other Obligations in full to the Banks, respec- tively.
Appears in 1 contract
Term of Revolving Loan Commitments. The Revolving Loan Commitments shall become effective immediately as of the Closing Date, and as of the Closing Date, the Borrower Borrowers may obtain Revolving Credit Loans and Letters of Credit subject to the terms and conditions contained herein. The Revolving Loan Commitments shall continue in effect until the Revolving Loan Commitment Termination Date, unless sooner terminated (ai) by the Banks upon the occurrence and during the continuation of an Event of Default, or (bii) by the Borrower at any time Borrowers upon a voluntary reduction in its sole and absolute discretion. The Borrower may request, not less than sixty (60) days prior to October 11, 1999 or any subsequent Revolving Loan Commitment Termination Date, that all of the Revolving Loan Commitment Termination Date be extended for a period selected by the Borrower and acceptable Commitments, pursuant to the Banks. The Agent shall notify the Borrower in writing, within thirty (30) days of receipt of such request, whether the Banks have elected to so extend the Revolving Loan Commitment Termination Date. In the event the Agent fails to give such written notice to the Borrower within such thirty (30) day period, such failure shall constitute an affirmative election by the Banks not to so extend the Revolving Loan Commitment Termina- tion DateSection 2.4D hereof. The Revolving Loan Commitment Termination Date may only be extended by the unanimous written consent of all of the Banks in their sole and absolute discretion as communicated in writing to the Agentdiscretion. If any Bank elects not to extend the Revolving Loan Commitment Termination Date, the Agent such Bank shall notify the Borrower thereof Borrowers and such Bank shall constitute an "Affected Bank" for pur- poses of Section 10.E hereofthe other Banks thereof. In the event the Banks elect any Bank elects not to extend the Revolving Loan Commitment Termination Date, the Revolv- ing Revolving Loan Commitments shall terminate, and the entire unpaid prin- cipal principal balance of and all accrued and unpaid interest on the Revolv- ing Revolving Credit Loans, the Swing Line Loans and the other Obligations Letters of Credit shall be respectively due and payable in full to the Banks on the then Revolving Loan Commitment Termination Date, subject at all times to the Banks' absolute right to terminate the Revolving Loan Commitments upon the occurrence and during the continuation of an Event of Default. Upon termination of the Revolving Loan Commitments by the Banks upon the occurrence and during the continuation of an Event of Default, or by the Bor- rower Borrowers at any time in its their sole and absolute discretion, the entire unpaid principal balance of and all accrued and unpaid interest on the Revolving Credit Loans the Swing Line Loans and all other Obligations the Letters of Credit shall be respectively due and payable in full to the Banks. The termination of the Re- volving Revolving Loan Commitments, for whatever reason, shall not in any way release or relieve the Borrower Borrowers from its their obligations incurred here- under hereunder or in connection herewith or under the Revolving Credit Notes, the Applications and Agreements For Letters of Credit, the Term Notes or the other Loan Instruments Documents and the provisions hereof and of the Revolv- ing Revolving Credit Notes, the Applications and Agreements For Letters of Credit, the Term Notes and the other Loan Instruments Documents shall continue in full force and effect until the Revolving Notes Credit Notes, the Applications and Agreements For Letters of Credit, the Term Notes, and all other Obliga- tions Obligations have been respectively paid in full to the Banks. In the event the Borrower terminates Borrowers terminate the Revolving Loan Commitments, which the Borrower has the right pursuant to do at any time in its sole and abso- lute discretionSection 2.4C hereof, the Borrower Borrowers shall be obligated to pay the Revolv- ing Revolving Credit Notes, the Applications and Agreements For Letters of Credit, the Term Notes and all other Obligations in full to the Banks, respec- tivelyrespectively.
Appears in 1 contract
Term of Revolving Loan Commitments. The Revolving Loan Commitments shall become effective immediately as of the Closing Date, and as of the Closing Date, the Borrower Borrowers may obtain Revolving Credit Loans and Letters of Credit subject to the terms and conditions contained herein. The Revolving Loan Commitments shall continue in effect until the Revolving Loan Commitment Termination Date, unless sooner terminated (ai) by the Banks upon the occurrence and during the continuation of an Event of Default, or (bii) by the Borrower Borrowers at any time in its their sole and absolute discretion. The Borrower Borrowers may request, not less than sixty (60) days prior to October 11December 31, 1999 1997 or not less than sixty (60) days prior to any subsequent Revolving Loan Commitment Termination DateDecember 31, that the Revolving Loan Commitment Termination Date be extended for a period selected by of an additional twelve (12) months beyond the Borrower and acceptable to the Banksthen current Revolving Loan Commitment Termination Date. The Agent Banks shall notify the Borrower Borrowers in writing, within thirty (30) days of after receipt of such request, whether the Banks have elected to so extend the Revolving Loan Commitment Termination Date. In the event the Agent fails Banks fail to give such written notice to the Borrower Borrowers within such thirty (30) day period, such failure shall constitute an affirmative election by the Banks not to so extend the Revolving Loan Commitment Termina- tion Termination Date. The Revolving Loan Commitment Termination Date may only be extended by the unanimous written consent of all of the Banks in their sole and absolute discretion as communicated in writing to the Agentdiscretion. If any Bank elects not to extend the Revolving Loan Commitment Termination Date, the Agent such Bank shall notify the Borrower thereof Borrowers and such Bank shall constitute an "Affected Bank" for pur- poses of Section 10.E hereofthe other Banks thereof. In the event the Banks elect any Bank elects not to extend the Revolving Loan Commitment Termination Date, the Revolv- ing Revolving Loan Commitments shall terminate, and the entire unpaid prin- cipal principal balance of and all accrued and unpaid interest on the Revolv- ing Revolving Credit Loans and the all other Obligations shall be respectively due and payable in full to the Banks on the then Revolving Loan Commitment Termination Date, subject at all times to the Banks' absolute right to terminate the Revolving Loan Commitments upon the occurrence and during the continuation of an Event of Default. Upon termination of the Revolving Loan Commitments by the Banks upon the occurrence and during the continuation of an Event of Default, or by the Bor- rower Borrowers at any time in its their sole and absolute discretion, the entire unpaid principal balance of and all accrued and unpaid interest on the Revolving Credit Loans and all other Obligations shall be respectively due and payable in full to the Banks. The termination of the Re- volving Revolving Loan Commitments, for whatever reason, shall not in any way release or relieve the Borrower Borrowers from its their obligations incurred here- under hereunder or in connection herewith or under the Revolving Notes Credit Notes, the Swing Line Note, the Applications and Agreements For Letters of Credit, or the other Loan Instruments and the provisions hereof and of the Revolv- ing Notes Revolving Credit Notes, the Swing Line Note, the Applications and Agreements For Letters of Credit, and the other Loan Instruments shall continue in full force and effect until the Revolving Notes Credit Notes, the Swing Line Note, the Applications and Agreements For Letters of Credit, and all other Obliga- tions Obligations have been respectively paid in full to the Banks. In the event the Borrower terminates Borrowers terminate the Revolving Loan Commitments, which the Borrower has Borrowers have the right to do at any time in its their sole and abso- lute absolute discretion, the Borrower Borrowers shall be obligated to pay the Revolv- ing Notes Revolving Credit Notes, the Swing Line Note, the Applications and Agreements For Letters of Credit, and all other Obligations in full to the Banks, respec- tivelyrespectively. No Bank shall incur any liability to the Borrowers in acting upon any telephonic notice referred to above which the Administrative Bank believes in good faith to have been given by a duly Authorized Officer or other Person authorized to borrow on behalf of the Borrowers or for otherwise acting in good faith under this Section 2.lC xxx, upon funding of any Revolving Credit Loan by the Banks in accordance with this Loan Agreement pursuant to any telephonic notice, the Borrowers shall have effected such Revolving Credit Loan hereunder. Except as provided in Sections 2.6B, 2.6C and 2.6G hereof, a Request For Revolving Credit Loan for a Euro-Rate Loan (or telephonic notice in lieu thereof) shall be irrevocable on and after the related Interest Rate Determination Date, and the Borrowers shall be bound to obtain the Euro-Rate Loan in accordance therewith.
Appears in 1 contract
Samples: Loan Agreement (Res Care Inc /Ky/)
Term of Revolving Loan Commitments. The Revolving Loan Commitments shall become effective immediately as of the Closing Date, and as of the Closing Date, the Borrower may obtain Revolving Credit Loans and Letters of Credit subject to the terms and conditions contained herein. The Revolving Loan Commitments shall continue in effect until the Revolving Loan Commitment Termination Date, unless sooner terminated (a) by the Banks upon the occurrence and during the continuation of an Event of Default, or (b) by the Borrower at any time in its sole and absolute discretion. The Borrower may request, not less than sixty (60) days prior to October 11, 1999 or any subsequent Revolving Loan Commitment Termination Date, that the Revolving Loan Commitment Termination Date be extended for a period selected by the Borrower and acceptable to the Banks. The Agent shall notify the Borrower in writing, within thirty (30) days of receipt of such request, whether the Banks have elected to so extend the Revolving Loan Commitment Termination Date. In the event the Agent fails to give such written notice to the Borrower within such thirty (30) day period, such failure shall constitute an affirmative election by the Banks not to so extend the Revolving Loan Commitment Termina- tion Date. The Revolving Loan Commitment Termination Date may only be extended by the unanimous written consent of all of the Banks in their sole and absolute discretion as communicated in writing to the Agentdiscretion. If any Bank elects not to extend the Revolving Loan Commitment Termination Date, the Agent such Bank shall notify the Borrower thereof and such Bank shall constitute an "Affected Bank" for pur- poses of Section 10.E hereofthe other Banks thereof. In the event the Banks elect any Bank elects not to extend the Revolving Loan Commitment Termination Date, the Revolv- ing Revolving Loan Commitments shall terminate, and the entire unpaid prin- cipal principal balance of and all accrued and unpaid interest on the Revolv- ing Revolving Credit Loans and the other Obligations Letters of Credit shall be respectively due and payable in full to the Banks on the then Revolving Loan Commitment Termination Date, subject at all times to the Banks' absolute right to terminate the Revolving Loan Commitments upon the occurrence and during the continuation of an Event of Default. Upon termination of the Revolving Loan Commitments by the Banks upon the occurrence and during the continuation of an Event of Default, or by the Bor- rower Borrower at any time in its sole and absolute discretion, the entire unpaid principal balance of and all accrued and unpaid interest on the Revolving Credit Loans and all other Obligations the Letters of Credit shall be respectively due and payable in full to the Banks. The termination of the Re- volving Revolving Loan Commitments, for whatever reason, shall not in any way release or relieve the Borrower from its obligations incurred here- under hereunder or in connection herewith or under the Revolving Credit Notes, the Applications and Agreements For Letters of Credit, the Term Notes or the other Loan Instruments Documents and the provisions hereof and of the Revolv- ing Revolving Credit Notes, the Applications and Agreements For Letters of Credit, the Term Notes and the other Loan Instruments Documents shall continue in full force and effect until the Revolving Notes Credit Notes, the Applications and Agreements For Letters of Credit, the Term Notes, and all other Obliga- tions Obligations have been respectively paid in full to the Banks. In the event the Borrower terminates the Revolving Loan Commitments, which the Borrower has the right to do at any time in its sole and abso- lute discretion, the Borrower shall be obligated to pay the Revolv- ing Notes and all other Obligations in full to the Banks, respec- tively.
Appears in 1 contract
Term of Revolving Loan Commitments. The Revolving Loan ---------------------------------- Commitments shall become effective immediately as of the Closing Date, and as of the Closing Date, the Borrower may obtain Revolving Credit Loans and Letters of Credit subject to the terms and conditions contained herein. The Revolving Loan Commitments shall continue in effect until the Revolving Loan Commitment Termination Date, unless sooner terminated (ai) by the Banks upon the occurrence and during the continuation of an Event of Default, or (bii) by the Borrower at any time upon a voluntary reduction in its sole and absolute discretion. The Borrower may request, not less than sixty (60) days prior to October 11, 1999 or any subsequent Revolving Loan Commitment Termination Date, that all of the Revolving Loan Commitment Termination Date be extended for a period selected by the Borrower and acceptable Commitments, pursuant to the Banks. The Agent shall notify the Borrower in writing, within thirty (30) days of receipt of such request, whether the Banks have elected to so extend the Revolving Loan Commitment Termination Date. In the event the Agent fails to give such written notice to the Borrower within such thirty (30) day period, such failure shall constitute an affirmative election by the Banks not to so extend the Revolving Loan Commitment Termina- tion DateSection 2.4D hereof. The Revolving Loan Commitment Termination Date may only be extended by the unanimous written consent of all of the Banks in their sole and absolute discretion as communicated in writing to the Agentdiscretion. If any Bank elects not to extend the Revolving Loan Commitment Termination Date, the Agent such Bank shall notify the Borrower thereof and such Bank shall constitute an "Affected Bank" for pur- poses of Section 10.E hereofthe other Banks thereof. In the event the Banks elect any Bank elects not to extend the Revolving Loan Commitment Termination Date, the Revolv- ing Revolving Loan Commitments shall terminate, and the entire unpaid prin- cipal principal balance of and all accrued and unpaid interest on the Revolv- ing Revolving Credit Loans, the Swing Line Loans and the other Obligations Letters of Credit shall be respectively due and payable in full to the Banks on the then Revolving Loan Commitment Termination Date, subject at all times to the Banks' absolute right to terminate the Revolving Loan Commitments upon the occurrence and during the continuation of an Event of Default. Upon termination of the Revolving Loan Commitments by the Banks upon the occurrence and during the continuation of an Event of Default, or by the Bor- rower at any time in its sole and absolute discretion, the entire unpaid principal balance of and all accrued and unpaid interest on the Revolving Credit Loans, the Swing Line Loans and all other Obligations the Letters of Credit shall be respectively due and payable in full to the Banks. The termination of the Re- volving Revolving Loan Commitments, for whatever reason, shall not in any way release or relieve the Borrower from its obligations incurred here- under hereunder or in connection herewith or under the Revolving Notes Credit Notes, the Applications and Agreements For Letters of Credit or the other Loan Instruments Documents and the provisions hereof and of the Revolv- ing Notes Revolving Credit Notes, the Applications and Agreements For Letters of Credit and the other Loan Instruments Documents shall continue in full force and effect until the Revolving Notes Credit Notes, the Applications and Agreements For Letters of Credit and all other Obliga- tions Obligations have been respectively paid in full to the Banks. In the event the Borrower terminates the Revolving Loan Commitments, which the Borrower has the right pursuant to do at any time in its sole and abso- lute discretionSection 2.4C hereof, the Borrower shall be obligated to pay the Revolv- ing Notes Revolving Credit Notes, the Applications and Agreements For Letters of Credit and all other Obligations in full to the Banks, respec- tivelyrespectively.
Appears in 1 contract
Term of Revolving Loan Commitments. The Revolving Loan Commitments shall become effective immediately as of the Closing Clos-ing Date, and as of the Closing Date, the Borrower may obtain Revolving Re-volving Credit Loans and Letters of Credit subject to the terms and conditions contained herein. The Revolving Loan Commitments shall continue in effect until the Revolving Loan Commitment Com-mitment Termination Date, unless sooner terminated (ai) by the Banks upon the occurrence and during the continuation of an Event of DefaultDe-fault, or (bii) by the Borrower at any time upon a voluntary reduction in its sole and absolute discretion. The Borrower may request, not less than sixty (60) days prior to October 11, 1999 or any subsequent Revolving Loan Commitment Termination Date, that all of the Revolving Loan Commitment Termination Date be extended for a period selected by the Borrower and acceptable Commitments, pursuant to the Banks. The Agent shall notify the Borrower in writing, within thirty (30) days of receipt of such request, whether the Banks have elected to so extend the Revolving Loan Commitment Termination Date. In the event the Agent fails to give such written notice to the Borrower within such thirty (30) day period, such failure shall constitute an affirmative election by the Banks not to so extend the Revolving Loan Commitment Termina- tion DateSection 2.4C hereof. The Revolving Loan Commitment Termination Date may only be extended by the unanimous written consent of all of the Banks in their sole and absolute discretion as communicated in writing to the Agentdiscretion. If any Bank elects not to extend the Revolving Loan Commitment Termination Date, the Agent such Bank shall notify the Borrower thereof and such Bank shall constitute an "Affected Bank" for pur- poses of Section 10.E hereofthe other Banks thereof. In the event the Banks elect any Bank elects not to extend the Revolving Loan Commitment Termination Date, the Revolv- ing Revolving Loan Commitments shall terminate, and the entire en-tire unpaid prin- cipal principal balance of and all accrued and unpaid interest inter-est on the Revolv- ing Revolving Credit Loans, the Swing Line Loans and the other Obligations Letters of Credit shall be respectively due and payable in full to the Banks on the then Revolving Loan Commitment Termination Date, subject at all times to the Banks' absolute right to terminate the Revolving Loan Commitments Commit-ments upon the occurrence and during the continuation of an Event of Default. Upon termination of the Revolving Loan Commitments by the Banks upon the occurrence and during the continuation of an Event of Default, or by the Bor- rower at any time in its sole and absolute discretion, the entire unpaid principal balance of and all accrued and unpaid interest on the Revolving Credit Loans, the Swing Line Loans and all other Obligations the Letters of Credit shall be respectively due and payable in full to the Banks. The termination of the Re- volving Revolving Loan Commitments, for whatever reason, shall not in any way release or relieve the Borrower from its obligations incurred here- under hereunder or in connection herewith or under the Revolving Notes Credit Notes, the Applications and Agreements For Letters of Credit or the other Loan Instruments Documents and the provisions hereof and of the Revolv- ing Notes Revolving Credit Notes, the Applications and Agreements For Letters of Credit and the other Loan Instruments Documents shall continue in full force and effect until the Revolving Notes Credit Notes, the Applications and Agreements For Letters of Credit and all other Obliga- tions Obligations have been respectively paid in full to the Banks. In the event the Borrower terminates the Revolving Loan Commitments, which the Borrower has the right pursuant to do at any time in its sole and abso- lute discretionSection 2.4C hereof, the Borrower shall be obligated to pay the Revolv- ing Notes Revolving Credit Notes, the Applications and Agreements For Letters of Credit and all other Obligations in full to the Banks, respec- tivelyrespectively.
Appears in 1 contract