The Commitments and Loans. Section 2.01 Commitments 53 Section 2.02 Borrowings, Conversions and Continuations of Loans 53 Section 2.03 Letters of Credit 56 Section 2.04 Swing Line Loans 63 Section 2.05 Prepayments 66 Section 2.06 Scheduled Repayment of Loans 68 Section 2.07 Termination and Reduction of Revolving Facility Commitments 68 Section 2.08 Interest 69 Section 2.09 Fees 69 Section 2.10 Computation of Interest and Fees 71 Section 2.11 Evidence of Debt 72 Section 2.12 Payments Generally; Administrative Agent’s Clawback 72 Section 2.13 Sharing of Payments by Lenders 74 Section 2.14 Incremental Loans 75 Section 2.15 Defaulting Lenders 77 Section 2.16 Cash Collateral 80 Section 2.17 Agent Advances; Overadvances 81 Section 2.18 Settlement 82 Section 3.01 Taxes 84 Section 3.02 Illegality 88 Section 3.03 Inability to Determine Rates 88 Section 3.04 Increased Costs 89 Section 3.05 Compensation for Losses 91 Section 3.06 Mitigation Obligations; Replacement of Lenders 91 Section 3.07 Survival 92
The Commitments and Loans. 15 2.01 Loans................................................................ 15 2.02 Borrowings, Conversions and Continuations of Loans................... 16
The Commitments and Loans. 2.01 Loans Subject to the terms and conditions set forth herein, each Revolving Lender severally agrees to make loans (each such loan, a “Revolving 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 outstanding the lesser of (x) the amount of such Revolving Lender’s Revolving Commitment, or (y) such Lender’s Revolving Credit Facility Applicable Percentage of the Revolving Loan Cap; subject in each case to the following limitations:
(i) after giving effect to any Revolving Borrowing, the Total Revolving Outstandings shall not exceed the Revolving Loan Cap, and
(ii) after giving effect to any Revolving Borrowing, the aggregate Outstanding Amount of the Revolving Loans of any Revolving Lender, plus such Revolving Lender’s Revolving Credit Facility Applicable Percentage of the Outstanding Amount of all Swing Line Loans shall not exceed such Revolving Lender’s Revolving Commitment. Within the limits of each Revolving Lender’s Revolving Commitment, and subject to the other terms and conditions hereof, the Borrower may borrow under this Section 2.01(a), prepay under Section 2.04, and reborrow under this Section 2.01(a).
The Commitments and Loans. (a) Pursuant to the Existing Credit Agreement, certain banks and other financial institutions made term loans to the Borrower, the aggregate outstanding principal balance of which as of the Effective Date is $205,776,241.50. The Borrower acknowledges and agrees that (i) pursuant to the Bank Assignment Agreement, on the Effective Date, BofA and DBTCA purchased from the other banks and other financial institutions party to the Existing Credit Agreement the outstanding term loans made to the Borrower under the Existing Credit Agreement held by such banks and other financial institutions, (ii) such term loans purchased by BofA and DBTCA pursuant to the Bank Assignment Agreement and the term loans made by BofA and DBTCA to the Borrower under the Existing Credit Agreement and outstanding on the Effective Date, in an aggregate outstanding principal amount of $151,974,511.95, shall, subject to clause (iii) of the last sentence of Section 2.1(c), be deemed to constitute term loans made under this Credit Agreement on the Effective Date (each, a “Term Loan” and, collectively, the “Term Loans”), (iii) the Term Loans shall initially be maintained as a single Borrowing of Base Rate Loans (subject to the option to convert the Term Loans pursuant to Section 4.3) and (iv) a portion of the Term Loans shall be assigned by BofA and DBTCA to certain of the Lenders on the Effective Date pursuant to Section 2.12. Once repaid, Term Loans may not be reborrowed. The Borrower hereby agrees to execute and deliver to each Lender that requests same a Term Note in the form of Exhibit A-1 to evidence the Term Loans made by such Lender or otherwise owing to such Lender pursuant to the Bank Assignment Agreement or as provided in Section 11.6 of this Credit Agreement.
(b) [intentionally omitted].
(c) Subject to the terms and conditions set forth in this Credit Agreement, on and after the Initial Borrowing Date and to and excluding the Maturity Date, each Revolving Credit Lender severally agrees to make revolving loans and advances to the Borrower hereunder (the “Revolving Loans”). Subject to the provisions of this Credit Agreement, the Borrower may borrow, repay (without penalty, except for breakage costs under Section 4.5(b)) and re-borrow Revolving Loans, all in accordance with the terms and conditions hereof. On and immediately after the occurrence of the Effective Date, the Revolving Credit Commitment for each Lender shall be the amount set forth opposite such Lender’s name in Schedule ...
The Commitments and Loans. 24 2.01 Loans. .......................................................................................................................... 24 2.02 Borrowings, Conversions and Continuations of Loans. .............................................. 25 2.03 [Reserved.] ................................................................................................................... 26 2.04 [Reserved.] ................................................................................................................... 26 2.05 [Reserved.] ................................................................................................................... 26 2.06 Prepayments................................................................................................................. 26 2.07 Termination or Reduction of Commitments ................................................................ 26 2.08
The Commitments and Loans. Section 2.01 Loans 37 Section 2.02 Borrowings, Conversions and Continuations of Loans 37 Section 2.03 Prepayments 38 Section 2.04 Termination, Reduction or Increase of Commitments 39 Section 2.05 Repayment of Loans 41 Section 2.06 Interest 41 Section 2.07 Fees 41 Section 2.08 Computation of Interest and Fees 42 Section 2.09 Evidence of Debt 42 Section 2.10 Payments Generally; Administrative Agent’s Clawback 42 Section 2.11 Sharing of Payments by Lenders 44 Section 2.12 Defaulting Lenders 44 Section 2.13 Extension of Commitment Termination Date. 46
The Commitments and Loans. 23 SECTION 2.01. The Loans ................................................................................................... 23 ................................................................................... 24 ................................................................... 25 .............................................. 26 .................................................................................................. 26 ....................................................................................................... 26 .............................................................. 27 ........................................................................... 27 ................................................................................... 27 ................................................................................... 28 ................................................................................. 28 SECTION 2.02. Borrowing of Loans SECTION 2.03. Prepayments and Repayments SECTION 2.04. Termination or Reduction of Commitments SECTION 2.05. [Reserved] SECTION 2.06. Interest. SECTION 2.07. Computation of Interest and Fees SECTION 2.08. Evidence of Indebtedness SECTION 2.09. Payments Generally SECTION 2.10. Protective Advances SECTION 2.11. Authorized Advances ARTICLE III TAXES, INCREASED COSTS PROTECTION AND ILLEGALITy .................. 30 SECTION 3.01. Taxes .......................................................................................................... 30 ............ , ........................................................................................ 32 ...................................................................... 32 SECTION 3.02. Illegality SECTION 3.03. Inability to Determine Rates SECTION 3.05.
The Commitments and Loans. Section 2.01
The Commitments and Loans. 2.01 Loans
2.02 Borrowings, Conversions and Continuations of Loans
2.03 Letters of Credit
The Commitments and Loans. 2.01 Loans Subject to the terms and conditions set forth herein, each Lender severally agrees to make loans (each such loan, a “Loan”) to the Borrower on the Closing Date in an aggregate principal amount equal to such Lender’s Commitment in immediately available funds in accordance with instructions provided by the Borrower. The aggregate amount of the Loans shall not exceed the Aggregate Commitments. The Loans made on the Closing Date shall be LIBOR Rate Loans with an initial Interest Period of one month.
