The Borrowings. Subject to the terms and conditions set forth herein, each Lender severally agrees to make loans in Dollars (each such loan, a “Loan”) to the Borrower from time to time, on any Business Day during the Availability Period, in an aggregate amount not to exceed at any time the outstanding the amount of such Lender’s Commitment; provided, however, that after giving effect to any Borrowing, (i) the Total Outstandings shall not exceed the Aggregate Commitments, and (ii) the aggregate Outstanding Amount of the Loans of any Lender, plus such Lender’s Applicable Percentage of the Outstanding Amount of all L/C Obligations and Swingline Obligations shall not exceed such Lender’s Commitment. Within the limits of each Lender’s Commitment, and subject to the other terms and conditions hereof, the Borrower may borrow under this Section 2.1, prepay under Section 2.4, and reborrow under this Section 2.1. Loans may be Base Rate Loans or Eurodollar Rate Loans, as further provided herein.
The Borrowings. (a) Subject to the terms and conditions of this Agreement, the Borrowers agree that (x) they will request loans (the "Loans") in such amounts, and the Intercompany Lender agrees to make Loans in such amounts, as shall be necessary to ensure compliance with the Borrowing Base and other requirements under the Credit Agreement, including without limitation, those requirements set out in Section 2.03(b) of the Credit Agreement and (y) they shall from time to time pledge Loan Receivables to the Intercompany Lender pursuant to the Intercompany Security Documents such that after applying the percentage discounts in the definition of Borrowing Base in the Credit Agreement to the Loan Receivables so pledged, the Borrowing Base is not less than the outstanding principal amount of the Loans (as defined in the Credit Agreement). Form of Intercompany Note
(b) At the time of each borrowing of Loans hereunder the relevant Borrowers shall immediately become indebted to the Intercompany Lender for the amount of each such borrowing.
(c) The initial Loans being made hereunder on the Closing Date are shown on the schedule attached hereto (the "Loan Schedule"), and by execution of this Agreement each Borrower acknowledges receipt of the Loans made to it as set forth on the Loan Schedule, and requests that the Intercompany Lender transfer the amounts represented by such Loans to American General Finance Corporation, an Indiana corporation ("AGFC") on its behalf, for credit to the repayment of each such Borrower's intercompany loans with AGFC.
(d) The Intercompany Lender shall maintain a schedule in respect of each Borrower that reflects the aggregate amount of Loans made to such Borrower hereunder at any time (the "Intercompany Loan Schedule").
The Borrowings. Subject to the terms and conditions set forth herein, each Term Lender severally agrees to make to the Borrower on the Closing Date loans denominated in Dollars in an aggregate amount not to exceed the amount of such Term Lender’s Initial Term Commitment. Amounts borrowed under this Section 2.01(a) and repaid or prepaid may not be reborrowed. Term Loans may be Base Rate Loans or Eurocurrency Rate Loans, as further provided herein. The Initial Term Commitments will terminate at 5:00 p.m., New York City Time, on the Closing Date, if the Initial Term Loans have not been made prior to such time.
The Borrowings. Each New Money Lender severally agrees, on the terms and conditions hereinafter set forth, to make two advances to the Borrower as follows: (a) the initial such Advance shall be made on the New Money Closing (which shall occur on any Business Day during the period from the date hereof until the Termination Date); provided that the aggregate amount of all such Advances by the New Money Lenders shall not exceed $420,000,000 and (b) the second such Advance shall be made on any Business Day during the period from the day next succeeding the New Money Closing up to and including July 31, 2003; provided that the aggregate amount of all such Advances by the New Money Lenders shall not exceed $50,000,000. Each Borrowing shall consist of Advances made simultaneously by the New Money Lenders ratably according to their respective New Money Commitments and, subject to Section 2.04, the initial Borrowing shall consist of Base Rate Advances. If the initial Borrowing does not occur on or prior to the Termination Date, all obligations of the New Money Lenders herein to make Advances shall immediately and permanently terminate in accordance with Section 2.05(a).
The Borrowings. Subject to the terms and conditions set forth herein, each Second Lien Lender severally agrees to make a loan on the Closing Date to the Borrower (each, a “Second Lien Loan” and, collectively, the “Second Lien Loans”) in an amount denominated in Dollars equal to such Second Lien Lender’s Second Lien Commitment. Amounts borrowed under this Section 2.01(a) and repaid or prepaid may not be reborrowed. Term Loans may be Base Rate Loans or Eurodollar Rate Loans, as further provided herein.
The Borrowings. (a) Lender agrees, on the terms and subject to the conditions set forth in this Agreement, during the period from the date of this Agreement to the Maturity Date, to make Advances to Borrower from time to time on any Business Day in an aggregate amount not to exceed the Unused Commitment. Lender will have no obligation to make any Advances on or after the Maturity Date. Lender will have no obligation to make more than three Advances in any calendar month.
(b) Each request for an Advance must be in an amount not less than $50,000 or an integral multiple of $10,000 in excess thereof; provided, that Borrower may, subject to the other terms and conditions of this Agreement, request an Advance in the amount of the entire Unused Commitment.
(c) Borrower may prepay all or any part of any the outstanding principal balance of the Loan pursuant to Section 2.11 and reborrow pursuant to this Section 2.3.
The Borrowings. Subject to the terms and conditions set forth herein, each Lender severally agrees to make loans in Dollars (each such loan, a “Loan”) to the Borrower from time to time but on no more than three (3) occasions, on any Business Day during the Availability Period, in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s Commitment; provided that after giving effect to any Borrowing, the Total Outstandings shall not exceed the Lenders’ aggregate Commitments at such time. Within the limits of each Lender’s Commitment, and subject to the other terms and conditions hereof, the Borrower may borrow under this Section 2.01 and prepay under Section 2.03. Loans may be Base Rate Loans or Eurodollar Rate Loans, as further provided herein. Each Borrowing shall be made on a pro rata basis as among the Commitments then in effect, considered collectively. Any amount borrowed under this Section 2.01 and repaid or prepaid may not be re-borrowed.
The Borrowings. Each Lender hereby severally agrees, subject to the terms and conditions of this Agreement, to make two advances (each, an "Advance") to the Borrower in an aggregate amount not to exceed such Lender's Commitment as follows:
(a) the initial such Advance shall be made on the Closing Date (which shall occur on any Business Day during the period from the date hereof until the Termination Date); provided that the aggregate amount of all such Advances by the Lenders shall not exceed $738,317,051.91 and (b) the second such Advance shall be made on any Business Day during the period from the day next succeeding the Closing Date up to the date that is 60 days after the Closing Date; provided that the aggregate amount of all such Advances by the Lenders shall not exceed $330,682,948.
The Borrowings. (i) On the Closing Date, pursuant to the Restatement Agreement (whether by way of exchange of existing extensions of credit under the Existing Credit Agreement or by way of new extensions of credit) each Term Lender severally agrees to make Term B Loans available to the Borrower on the Closing Date in accordance with the Commitment of such Term Lender. No costs shall be payable under Section 3.05 in connection with transactions consummated under this Section 2.01(a)(i).
(ii) Subject to the terms and conditions set forth in any Incremental Amendment or Refinancing Amendment providing for, as applicable, the making, exchange, renewal, replacement or refinancing of Term Loans, each Term Lender party thereto severally agrees to, as applicable, make, exchange, renew, replace or refinance Term Loans on the date specified therein in an aggregate amount not to exceed the amount of such Term Lender’s Commitment as set forth therein. Amounts borrowed, exchanged, renewed, replaced or refinanced under this Section 2.01(a) and repaid or prepaid may not be reborrowed. Term Loans may be Base Rate Loans or Eurocurrency Rate Loans, as further provided herein.
The Borrowings. (a) Lender agrees, on the terms and subject to the conditions set forth in this Agreement, during the period from the date of this Agreement to the Maturity Date, to make Advances to Borrower from time to time on any Business Day in an aggregate amount not to exceed the Unused Commitment. Lender will have no obligation to make any Advances on or 5
