The Commitments and Borrowings. Section 2.01
The Commitments and Borrowings. 2.01 Revolving Commitments 24 §–2.02 Borrowings, Conversions and Continuations of Loans 24 §–2.03 Swing Line Loans 26 §–2.04 Prepayments 28 §–2.05 Termination or Reduction of Aggregate Revolving Commitments 29 §–2.06 Repayment of Loans; Term Out Option 29 §–2.07 Interest 30 §–2.08 Fees 31 §–2.09 Computation of Interest and Fees 31 §–2.10 Evidence of Debt 32 §–2.11 Payments Generally; Administrative Agent’s Clawback 32 §–2.12 Sharing of Payments by Lenders 34 §–2.13 Cash Collateral 34 §–2.14 Defaulting Lenders 35 §–2.15 Additional Revolving Commitments 36 ARTICLE III — TAXES, YIELD PROTECTION AND ILLEGALITY §–3.01 Taxes 37 §–3.02 Illegality 41 §–3.03 Inability to Determine Rates 42 §–3.04 Increased Costs; Reserves on Eurodollar Rate Loans 44 §–3.05 Compensation for Losses 46 §–3.06 Mitigation Obligations; Replacement of Lenders 46 §–3.07 Survival 46
The Commitments and Borrowings. Section 2.01 Revolving Credit Borrowing; Protective Advances 76 Section 2.02 Borrowings, Conversions and Continuations of Loans 78 Section 2.03 Letters of Credit 80 Section 2.04 Swing Line Loans 90 Section 2.05 Prepayments 92 Section 2.06 Termination or Reduction of Commitments 94 Section 2.07 Repayment of Loans 95 Section 2.08 Interest 95 Section 2.09 Fees 96 Section 2.10 Computation of Interest and Fees 96 Section 2.11 Evidence of Indebtedness 97 Section 2.12 Payments Generally 97 Section 2.13 Sharing of Payments 99 Section 2.14 Incremental Credit Extensions 100 Section 2.15 Extensions of Revolving Credit Loans and Revolving Credit Commitments 102 Section 2.16 Defaulting Lenders 106 Section 2.17 Borrower Agent 108 Section 3.01 Taxes 109 Section 3.02 Illegality 113 Section 3.03 Inability to Determine Rates 113
The Commitments and Borrowings. Loans 2.02 Borrowings, Conversions and Continuations of Loans
The Commitments and Borrowings. 21 2.01 Loans......................................................................................21 2.02 Borrowings, Conversions and Continuations of Loans.........................................22 2.03 Prepayments................................................................................23 2.04 Termination or Reduction of Commitments....................................................24 2.05
The Commitments and Borrowings. 29 2.01 The Commitments........................................................................... 29 2.02 Borrowings, Conversions and Continuations of Loans........................................ 29
The Commitments and Borrowings. SECTION 2.01 [Reserved].
The Commitments and Borrowings. 22 2.01 Loans....................................................22 2.02 Borrowings, Conversions and Continuations of Loans.......22 2.
The Commitments and Borrowings. SECTION 2.01 The Loans 96 SECTION 2.02 Borrowings, Conversions and Continuations of Loans 97 SECTION 2.03 [Reserved] 99 SECTION 2.04 [Reserved] 99 SECTION 2.05 Prepayments 99 SECTION 2.06 Termination or Reduction of Commitments 111 SECTION 2.07 Repayment of Loans 111 SECTION 2.08 Interest 111 SECTION 2.09 Fees 111 SECTION 2.10 Computation of Interest and Fees 111 SECTION 2.11 Evidence of Indebtedness 111 SECTION 2.12 Payments Generally 112 SECTION 2.13 Sharing of Payments 114 SECTION 2.14 Incremental Facilities 114 SECTION 2.15 Refinancing Amendments 120 SECTION 2.16 Extensions of Loans 121 SECTION 2.17 [Reserved] 123 SECTION 2.18 Prepayment Premium 123 SECTION 3.01 Taxes 123 SECTION 3.02 Illegality 127 SECTION 3.03 Inability to Determine Rates 127 SECTION 3.04 Increased Cost and Reduced Return; Capital Adequacy; Reserves on Eurodollar Rate Loans 128
The Commitments and Borrowings. Subject to the terms and conditions set forth herein, each Lender severally agrees to make a single loan to the Borrower, in Dollars, on the Closing Date in an amount not to exceed the amount of such Lender’s Applicable Percentage of the Facility on such date (each such loan, an “Initial Loan”). Loans may be Base Rate Loans or Eurodollar Rate Loans, as further provided herein. Borrowings, Conversions and Continuations of Loans. Each Borrowing, each conversion of Loans from one Type to the other, and each continuation of Eurodollar Rate Loans shall be made upon the Borrower’s irrevocable notice to the Administrative Agent, which may be given by (A) telephone, or (B) a Borrowing/Election Notice; provided that any telephone notice must be confirmed promptly by delivery to the Administrative Agent of a Borrowing/Election Notice. Each such notice must be received by the Administrative Agent not later than 10:00 a.m. (i) three (3) Business Days prior to the requested date of any Borrowing of, conversion to or continuation of Eurodollar Rate Loans and (ii) on the requested date of any Borrowing of Base Rate Loans. Each Borrowing of, conversion to or continuation of Eurodollar Rate Loans shall be in a principal amount of $4,000,000 or a whole multiple of $1,000,000 in excess thereof. Each Borrowing of or conversion to Base Rate Loans shall be in a principal amount of $1,000,000 or a whole multiple of $500,000 in excess thereof. Each Borrowing/Election Notice (whether telephonic or written) shall specify (i) whether the Borrower is requesting a Borrowing, a conversion of Loans from one Type to the other, or a continuation of Eurodollar Rate Loans, (ii) the requested date of the Borrowing, conversion or continuation, as the case may be (which shall be a Business Day), (iii) the principal amount of Loans to be borrowed, converted or continued, (iv) the Type of Loans to be borrowed or to which existing Loans are to be converted, (v) if applicable, the duration of the Interest Period with respect thereto, and (vi) the Borrower. If the Borrower fails to specify a Type of Loan in a Borrowing/Election Notice or if the Borrower fails to give a timely notice requesting a conversion or continuation, then the applicable Loans shall be made as, or converted to, Base Rate Loans. Any automatic conversion to Base Rate Loans shall be effective as of the last day of the Interest Period then in effect with respect to the applicable Eurodollar Rate Loans. If the Borrower requests a B...
