Common use of Terms of Revolving Commitment Clause in Contracts

Terms of Revolving Commitment. On the terms and conditions hereinafter set forth, each Lender agrees severally to make Advances to the Borrowers from time to time during the period beginning on the Effective Date and ending on the Revolving Maturity Date in such amounts as the Borrowers may request up to an amount not to exceed, in the aggregate principal amount advanced at any time, the aggregate Revolving Commitment less Total Outstandings. The obligation of the Borrowers hereunder shall be evidenced by this Agreement and the Revolving Notes issued in connection herewith, said Revolving Notes to be as described in Section 3 hereof. The obligations of the Borrowers hereunder, under the Revolving Notes and the other Loan Documents shall be joint and several. Provided, however, that the liability of Operating hereunder and under the Revolving Notes and the Loan Documents shall be limited to the maximum amount of liability that can be incurred without rendering the obligations of Operating under such Loan Documents voidable under applicable law relating to fraudulent conveyance or fraudulent transfer, and not for any greater amount. Notwithstanding any other provision of this Agreement, no Advance shall be required to be made hereunder if any Default or Event of Default (as hereinafter defined) has occurred and is continuing. Each Advance under the Revolving Commitment shall be an aggregate amount of at least $1,000,000 or any whole multiples of $100,000 in excess

Appears in 1 contract

Samples: Credit Agreement (Exco Resources Inc)

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Terms of Revolving Commitment. On the terms and conditions ----------------------------- hereinafter set forth, each Lender Bank agrees severally to make Advances to the Borrowers Borrower from time to time during the period beginning on the Effective Date and ending on the Revolving Maturity Date in such amounts as the Borrowers Borrower may request up to an amount not to exceed, in the aggregate principal amount advanced at any time, the aggregate Revolving Commitment less the Total Outstandings. The obligation of the Borrowers Borrower hereunder shall be evidenced by this Agreement and the Revolving Notes issued in connection herewith, said Revolving Notes to be as described in Section 3 hereof. The obligations of the Borrowers hereunder, under the Revolving Notes and the other Loan Documents shall be joint and several. Provided, however, that the liability of Operating hereunder and under the Revolving Notes and the Loan Documents shall be limited to the maximum amount of liability that can be incurred without rendering the obligations of Operating under such Loan Documents voidable under applicable law relating to fraudulent conveyance or fraudulent transfer, and not for any greater amount. Notwithstanding any other provision of this Agreement, no Advance shall be required to be made hereunder if any Default or Event of Default (as hereinafter defined) has occurred and is continuingcontinuing or if any event or condition has occurred or failed to occur which with the passage of time or service of notice, or both, would constitute an Event of Default. Each Advance under the Revolving Commitment shall be an aggregate amount of at least $1,000,000 500,000 or any whole multiples an integral multiple of $100,000 in excessexcess thereof. Irrespective of the face amount of the Revolving Note or Notes, the Banks shall never have the obligation to Advance any amount or amounts in excess of the Revolving Commitment or to increase the Revolving Commitment. The total number of Tranches under the Revolving Commitment which may be outstanding at any time hereunder shall never exceed three (3).

Appears in 1 contract

Samples: Credit Agreement (Wiser Oil Co)

Terms of Revolving Commitment. On the terms and conditions hereinafter set forth, each Lender agrees severally to make Advances to the Borrowers Borrower in Canadian Dollars from time to time during the period beginning on the Effective Date and ending on the Revolving Maturity Date in such amounts as the Borrowers Borrower may request up to an amount not to exceed, in the aggregate principal amount advanced at any time, the aggregate Revolving Commitment less Total Outstandings. The obligation of the Borrowers Borrower hereunder shall be evidenced by this Agreement and Agreement, the Revolving Notes issued in connection herewith, said Revolving Notes to be as described in Section 3 hereofhereof and the records of the Lenders. The obligations records maintained by each Lender shall constitute, in the absence of manifest error, prima facie evidence of the Borrowers hereunderindebtedness of the Borrower to that Lender in respect of Advances it has made, under and all details relating thereto. The failure of the Revolving Notes and the other Loan Documents Agent or any Lender to correctly record any such amount or date shall be joint and several. Providednot, however, that adversely affect the liability obligation of Operating the Borrower to pay amounts due hereunder and under the Revolving Notes and the Loan Documents shall be limited to the maximum amount of liability that can be incurred without rendering the obligations of Operating under such Loan Documents voidable under applicable law relating to fraudulent conveyance or fraudulent transfer, and not for any greater amountLenders in accordance with this Agreement. Notwithstanding any other provision of this Agreement, no Advance shall be required to be made hereunder if any Default or Event of Default (as hereinafter defined) has occurred and is continuingthe conditions set forth in Section 11 have not been satisfied. Each Advance under the Revolving Commitment shall be an aggregate amount of at least $C$1,000,000 or any whole multiples of $C$100,000 in excessexcess thereof. Irrespective of the face amount of the Revolving Note or Notes, the Lenders shall never have the obligation to Advance any amount or amounts in excess of the Revolving Commitment or to increase the Revolving Commitment.

Appears in 1 contract

Samples: Credit Agreement (Exco Resources Inc)

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Terms of Revolving Commitment. On the terms and conditions hereinafter set forth, each Lender agrees severally to make Advances to the Borrowers from time to time during the period beginning on the Effective Date and ending on the Revolving Maturity Date in such amounts as the Borrowers may request up to an amount not to exceed, in the aggregate principal amount advanced at any time, the aggregate Revolving Commitment less Total Outstandings. The obligation of the Borrowers hereunder shall be evidenced by this Agreement and the Revolving Notes issued in connection herewith, said Revolving Notes to be as described in Section 3 hereof. The obligations of the Borrowers hereunderunder this Agreement, under the Revolving Notes and the other Loan Documents shall be joint and several. Provided; provided, however, that the liability of Operating hereunder and under this Agreement, the Revolving Notes and the Loan Documents shall be limited to the maximum amount of liability that can be incurred without rendering the obligations of Operating under such Loan Documents voidable under applicable law relating to fraudulent conveyance or fraudulent transfer, and not for any greater amount. Notwithstanding any other provision of this Agreement, no Advance shall be required to be made hereunder if any Default or Event of Default (as hereinafter defined) has occurred and is continuingthe conditions set forth in Section 11 have not been satisfied. Each Advance under the Revolving Commitment shall be an aggregate amount of at least $1,000,000 or any whole multiples of $100,000 in excessexcess thereof. Irrespective of the face amount of the Revolving Note or Notes, the Lenders shall never have the obligation to Advance any amount or amounts in excess of the Revolving Commitment or to increase the Revolving Commitment.

Appears in 1 contract

Samples: Credit Agreement (Exco Resources Inc)

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