Common use of The Commitments Clause in Contracts

The Commitments. (a) Each Bank severally agrees, on the terms and subject to the conditions hereinafter set forth, to make revolving credit loans (each such loan, a “Revolving Loan”) to the Borrower from time to time on any Business Day during the period from the Closing Date until the Termination Date in an aggregate principal amount that will not result in (i) such Bank’s Outstanding Extensions of Credit exceeding such Bank’s Commitment or (ii) the Total Outstanding Extensions of Credit exceeding the Total Commitments; provided that no Revolving Loan shall be made as a Eurodollar Rate Loan with an Interest Period ending after the Termination Date. (b) Each Revolving Borrowing shall be denominated in Dollars and shall consist of Revolving Loans of the same Type made on the same day by the Banks ratably according to their respective Revolving Percentages. Each Revolving Borrowing of Eurodollar Rate Loans by the Borrower shall be in an aggregate principal amount of $5,000,000 or an integral multiple of $1,000,000 in excess thereof; provided that no more than ten Eurodollar tranches shall be outstanding at any time. Each Revolving Borrowing of ABR Loans by the Borrower shall be in an aggregate principal amount of $1,000,000 or an integral multiple of $500,000 in excess thereof. Within the limits of the applicable Commitments, the Borrower may borrow, prepay pursuant to Section 4.6 and reborrow Revolving Loans under this Section 2.1. The principal amount outstanding on the Revolving Loans and all other amounts accrued hereunder shall be due and payable on the Termination Date, together with accrued and unpaid interest thereon.

Appears in 6 contracts

Samples: Credit Agreement (Centerpoint Energy Resources Corp), Credit Agreement (Centerpoint Energy Resources Corp), Credit Agreement (Centerpoint Energy Resources Corp)

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The Commitments. (a) Each Bank severally agrees, on the terms and subject to the conditions hereinafter set forth, to make revolving credit loans (each such loan, a “Revolving Loan”) Loans to the Borrower from time to time on any Business Day during the period from the Closing Date until the Termination Date in an aggregate principal amount that will not result in outstanding, which, when added to such Bank’s Revolving Percentage of the sum of (i) such Bank’s Outstanding Extensions of Credit exceeding such Bank’s Commitment or then outstanding L/C Obligations and (ii) the Total Outstanding Extensions then outstanding principal amount of Credit exceeding the Total CommitmentsSwingline Loans, does not exceed at any time such Bank’s Commitment; provided that no Revolving Loan shall be made as a Eurodollar LIBOR Rate Loan with an Interest Period ending after the Termination Date; and provided, further, that in no event shall the Total Outstanding Extensions of Credit at any time exceed the Total Commitments at such time. (b) Each Revolving Borrowing by the Borrower shall be denominated in Dollars an aggregate principal amount not less than $10,000,000 (in the case of LIBOR Rate Loans) or $5,000,000 (in the case of ABR Loans), or an integral multiple of $1,000,000 in excess thereof and shall consist of Revolving Loans of the same Type made on the same day by the Banks ratably according to their respective Revolving Percentages. Each Revolving Borrowing of Eurodollar Rate Loans by the Borrower Swingline Loan shall be in an aggregate principal amount of that is equal to $5,000,000 500,000 or an integral a whole multiple of $1,000,000 in excess thereof; provided that no more than ten Eurodollar tranches shall be outstanding at any time. Each Revolving Borrowing of ABR Loans by the Borrower shall be in an aggregate principal amount of $1,000,000 or an integral multiple of $500,000 100,000 in excess thereof. Within the limits of the applicable Commitments, the Borrower may borrow, prepay pursuant to Section 4.6 and reborrow Revolving Loans under this Section 2.1. The principal amount outstanding on the Revolving Loans and all other amounts accrued hereunder shall be due and payable on the Termination Date, together with accrued and unpaid interest thereon.

Appears in 3 contracts

Samples: Credit Agreement (Centerpoint Energy Houston Electric LLC), Credit Agreement (Centerpoint Energy Inc), Credit Agreement (Centerpoint Energy Houston Electric LLC)

The Commitments. (a) Each Bank severally agrees, on the terms and subject to the conditions hereinafter set forth, to make revolving credit loans (each such loan, a “Revolving Loan”) Loans to the Borrower from time to time on any Business Day during the period from the Closing Date until the Termination Date in an aggregate principal amount that will not result in outstanding, which, when added to such Bank’s Revolving Percentage of the sum of (i) such Bank’s Outstanding Extensions of Credit exceeding such Bank’s Commitment or then outstanding L/C Obligations and (ii) the Total Outstanding Extensions then outstanding principal amount of Credit exceeding the Total CommitmentsSwingline Loans, does not exceed at any time such Bank’s Commitment; provided that no Revolving Loan shall be made as a Eurodollar LIBOR Rate Loan with an Interest Period ending after the Termination Date; and provided, further, that in no event shall the Total Outstanding Extensions of Credit at any time exceed the Total Commitments at such time. (b) Each Revolving Borrowing by the Borrower shall be denominated in Dollars an aggregate principal amount not less than $10,000,000 (in the case of LIBOR Rate Loans) or $5,000,000 (in the case of ABR Loans), or an integral multiple of $1,000,000 in excess thereof and shall consist of Revolving Loans of the same Type made on the same day by the Banks ratably according to their respective Revolving Percentages. Each Revolving Borrowing of Eurodollar Rate Loans by the Borrower Swingline Loan shall be in an aggregate principal amount of equal to $5,000,000 500,000 or an integral a whole multiple of $1,000,000 in excess thereof; provided that no more than ten Eurodollar tranches shall be outstanding at any time. Each Revolving Borrowing of ABR Loans by the Borrower shall be in an aggregate principal amount of $1,000,000 or an integral multiple of $500,000 100,000 in excess thereof. Within the limits of the applicable Commitments, the Borrower may borrow, prepay pursuant to Section 4.6 and reborrow Revolving Loans under this Section 2.1. The principal amount outstanding on the Revolving Loans and all other amounts accrued hereunder shall be due and payable on the Termination Date, together with accrued and unpaid interest thereon.

Appears in 2 contracts

Samples: Credit Agreement (Centerpoint Energy Houston Electric LLC), Credit Agreement (Centerpoint Energy Inc)

The Commitments. (a) Each Bank severally agrees, on the terms and subject to the conditions hereinafter set forth, to make revolving credit loans (each such loan, a “Revolving Loan”) to the Borrower from time to time on any Business Day during the period from the Closing Date until the Termination Date in an aggregate principal amount that will not result in (i) such Bank’s Outstanding Extensions of Credit exceeding such Bank’s Commitment or (ii) the Total Outstanding Extensions of Credit exceeding the Total Commitments; provided that no Revolving Loan shall be made as a Eurodollar Rate Loan with an Interest Period ending after the Termination Date. (b) Each Revolving Borrowing shall be denominated in Dollars and shall consist of Revolving Loans of the same Type made on the same day by the Banks ratably according to their respective Revolving Percentages. Each Revolving Borrowing of Eurodollar Rate Loans by the Borrower shall be in an aggregate principal amount of $5,000,000 or an integral multiple of $1,000,000 in excess thereof; provided that no more than ten Eurodollar tranches shall be outstanding at any time. Each Revolving Borrowing of ABR Loans by the Borrower shall be in an aggregate principal amount of $1,000,000 or an integral multiple of $500,000 in excess thereof. Within the limits of the applicable Commitments, the Borrower may borrow, prepay pursuant to Section 4.6 and reborrow Revolving Loans under this Section 2.1. The principal amount outstanding on the Revolving Loans and all other amounts accrued hereunder shall be due and payable on the Termination Date, together with accrued and unpaid interest thereon.

Appears in 2 contracts

Samples: Credit Agreement (Centerpoint Energy Inc), Credit Agreement (Centerpoint Energy Inc)

The Commitments. (a) Each Bank severally agrees, on the terms and subject to the conditions hereinafter set forth, to make revolving credit loans (each such loan, a “Revolving Loan”) to the Borrower from time to time on any Business Day during the period from the Closing Date until the Termination Date in an aggregate principal amount that will not result in (i) such Bank’s Outstanding Extensions of Credit exceeding such Bank’s Commitment or (ii) the Total Outstanding Extensions of Credit exceeding the Total Commitments; provided that no Revolving Loan shall be made as a Eurodollar Rate SOFR Loan with an Interest Period ending after the Termination Date; provided, further, that the Borrower shall ensure that no Loan shall be outstanding for more than 365 consecutive days. (b) Each Revolving Borrowing shall be denominated in Dollars and shall consist of Revolving Loans of the same Type made on the same day by the Banks ratably according to their respective Revolving Percentages. Each Revolving Borrowing of Eurodollar Rate SOFR Loans by the Borrower shall be in an aggregate principal amount of $5,000,000 or an integral multiple of $1,000,000 in excess thereof; provided that no more than ten Eurodollar tranches SOFR Tranches shall be outstanding at any time. Each Revolving Borrowing of ABR Loans by the Borrower shall be in an aggregate principal amount of $1,000,000 or an integral multiple of $500,000 in excess thereof. Within the limits of the applicable Commitments, the Borrower may borrow, borrow and prepay Loans pursuant to Section 4.6 and reborrow Revolving Loans under this Section 2.1. The principal amount outstanding on the Revolving Loans and all other amounts accrued hereunder shall be due and payable by the Borrower on the Termination Date, together with accrued and unpaid interest thereon.

Appears in 2 contracts

Samples: Credit Agreement (Centerpoint Energy Resources Corp), Credit Agreement (Centerpoint Energy Resources Corp)

The Commitments. (a) Each Bank severally agrees, on the terms and subject to the conditions hereinafter set forth, to make revolving credit loans (each such loan, a “Revolving Loan”) to the Borrower from time to time on any Business Day during the period from the Closing Date until the Termination Date in an aggregate principal amount that will not result in (i) such Bank’s Outstanding Extensions of Credit exceeding such Bank’s Commitment or (ii) the Total Outstanding Extensions of Credit exceeding the Total Commitments; provided that no Revolving Loan shall be made as a Eurodollar Rate SOFR Loan with an Interest Period ending after the Termination Date. (b) Each Revolving Borrowing shall be denominated in Dollars and shall consist of Revolving Loans of the same Type made on the same day by the Banks ratably according to their respective Revolving Percentages. Each Revolving Borrowing of Eurodollar Rate SOFR Loans by the Borrower shall be in an aggregate principal amount of $5,000,000 or an integral multiple of $1,000,000 in excess thereof; provided that no more than ten Eurodollar tranches SOFR Tranches shall be outstanding at any time. Each Revolving Borrowing of ABR Loans by the Borrower shall be in an aggregate principal amount of $1,000,000 or an integral multiple of $500,000 in excess thereof. Within the limits of the applicable Commitments, the Borrower may borrow, borrow and prepay Loans pursuant to Section 4.6 and reborrow Revolving Loans under this Section 2.1. The principal amount outstanding on the Revolving Loans and all other amounts accrued hereunder shall be due and payable by the Borrower on the Termination Date, together with accrued and unpaid interest thereon.

Appears in 2 contracts

Samples: Credit Agreement (Centerpoint Energy Resources Corp), Credit Agreement (Centerpoint Energy Resources Corp)

The Commitments. (a) Each Subject to and upon the terms and --------------- conditions set forth herein, each Bank with a Term Loan Commitment severally agrees to make, on the Initial Borrowing Date, a term loan (each, a "Term Loan" and, collectively, the "Term Loans") to the Borrower, which Term Loans (i) shall be made and initially maintained as a single Borrowing of Base Rate Loans (subject to the option to convert such Term Loans pursuant to Section 1.06) and (ii) shall be made by each Bank in that initial aggregate principal amount as is equal to the Term Loan Commitment of such Bank on such date (before giving effect to any reductions thereto on such date pursuant to Section 3.03(b)). Once repaid, Term Loans incurred hereunder may not be reborrowed. (b) Subject to and upon the terms and conditions set forth herein, each Bank with a Revolving Loan Commitment severally agrees, on the terms at any time and subject to the conditions hereinafter set forth, to make revolving credit loans (each such loan, a “Revolving Loan”) to the Borrower from time to time on any Business Day during and after the period from Initial Borrowing Date and prior to the Closing Date until Revolving Loan Maturity Date, to make a revolving loan or revolving loans (each, a "Revolving Loan" and, collectively, the Termination Date in an aggregate principal amount that will not result in "Revolving Loans") to the Borrower, which Revolving Loans (i) such Bank’s Outstanding Extensions shall, at the option of Credit exceeding such Bank’s Commitment the Borrower, be Base Rate Loans or (ii) the Total Outstanding Extensions of Credit exceeding the Total Commitments; Eurodollar Loans, provided that no (A) except as otherwise specifically -------- provided in Section 1.10(b), all Revolving Loan shall be made as a Eurodollar Rate Loan with an Interest Period ending after Loans comprising the Termination Date. (b) Each Revolving same Borrowing shall at all times be denominated in Dollars and shall consist of Revolving Loans of the same Type made and (B) prior to the earlier of (1) the 65th day after the Initial Borrowing Date and (2) the Syndication Date, Revolving Loans may only be incurred as Eurodollar Loans if the respective Interest Period applicable thereto is a one month Interest Period which begins and ends on the same day by date as the Banks ratably according Interest Period applicable to their one of the two Borrowings specified in Section 1.06(b)(x), (ii) may be repaid and reborrowed in accordance with the provisions hereof, (iii) shall not exceed for any Bank at any time outstanding that aggregate principal amount which, when added to the product of (x) such Bank's Percentage and (y) the sum of (I) the aggregate amount of all Letter of Credit Outstandings (exclusive of Unpaid Drawings which are repaid with the proceeds of, and simultaneously with the incurrence of, the respective incurrence of Revolving Percentages. Each Revolving Borrowing of Eurodollar Rate Loans by Loans) at such time and (II) the Borrower shall be in an aggregate principal amount of $5,000,000 or an integral multiple all Swingline Loans (exclusive of $1,000,000 in excess thereof; provided that no more than ten Eurodollar tranches Swingline Loans which are repaid with the proceeds of, and simultaneously with the incurrence of, the respective incurrence of Revolving Loans) then outstanding, equals the Available Revolving Loan Commitment of such Bank at such time and (iv) shall be outstanding not exceed for all Banks at any time. Each time outstanding that aggregate principal amount which, when added to (I) the amount of all Letter of Credit Outstandings (exclusive of Unpaid Drawings which are repaid with the proceeds of, and simultaneously with the incurrence of, the respective incurrence of Revolving Borrowing of ABR Loans by Loans) at such time and (II) the Borrower shall be in an aggregate principal amount of $1,000,000 all Swingline Loans (exclusive of Swingline Loans which are repaid with the proceeds of, and simultaneously with the incurrence of, the respective incurrence of Revolving Loans) then outstanding, equals the Total Available Revolving Loan Commitment at such time. (c) Subject to and upon the terms and conditions set forth herein, the Swingline Bank in its individual capacity agrees to make at any time and from time to time on and after the Initial Borrowing Date and prior to the Swingline Expiration Date, a revolving loan or revolving loans (each, a "Swingline Loan" and, collectively, the "Swingline Loans") to the Borrower, which Swingline Loans (i) shall be made and maintained as Base Rate Loans, (ii) may be repaid and reborrowed in accordance with the provisions hereof, (iii) shall not exceed in aggregate principal amount at any time outstanding, when combined with the aggregate principal amount of all Revolving Loans then outstanding and the Letter of Credit Outstandings at such time, an amount equal to the Total Available Revolving Loan Commitment at such time, (iv) shall not exceed at any time outstanding the Maximum Swingline Amount and (v) shall not be extended if the Swingline Bank receives a written notice from any Agent or the Required Banks that has not been rescinded that there is a Default or an integral multiple Event of $500,000 Default in excess thereofexistence hereunder. Within The Swingline Bank shall not be obligated to make any Swingline Loans at any time when a Bank Default exists unless the limits Swingline Bank has entered into arrangements satisfactory to it to eliminate the Swingline Bank's risk with respect to the Defaulting Bank's or Banks' participation in such Swingline Loans, including by cash collateralizing such Defaulting Bank's or Banks' Percentage of the applicable Commitmentsoutstanding Swingline Loans. (d) On any Business Day, the Borrower may borrowSwingline Bank may, prepay in its sole discretion, give notice to the other Banks that the Swingline Bank's outstanding Swingline Loans shall be funded with a Borrowing of Revolving Loans (provided -------- that such notice shall be deemed to have been automatically given upon the occurrence of a Default or an Event of Default under Section 10.05 or upon the exercise of any of the remedies provided in the last paragraph of Section 10), in which case a Borrowing of Revolving Loans constituting Base Rate Loans (each such Borrowing, a "Mandatory Borrowing") shall be made on the immediately succeeding Business Day by all Banks with a Revolving Loan Commitment (without giving effect to any reductions thereto pursuant to the last paragraph of Section 4.6 10) pro rata based on each such Bank's Percentage (determined before --- ---- giving effect to any termination of the Revolving Loan Commitments pursuant to the last paragraph of Section 10) and reborrow the proceeds thereof shall be applied directly to the Swingline Bank to repay the Swingline Bank for such outstanding Swingline Loans. Each such Bank hereby irrevocably agrees to make Revolving Loans under this Section 2.1. The principal upon one Business Day's notice pursuant to each Mandatory Borrowing in the amount outstanding and in the manner specified in the immediately preceding sentence and on the date specified in writing by the Swingline Bank notwithstanding (i) the amount of the Mandatory Borrowing may not comply with the minimum amount for Borrowings otherwise required hereunder, (ii) whether any conditions specified in Section 6 are then satisfied, (iii) whether a Default or an Event of Default then exists, (iv) the date of such Mandatory Borrowing and (v) the amount of the Total Available Revolving Loan Commitment at such time. In the event that any Mandatory Borrowing cannot for any reason be made on the date otherwise required above (including, without limitation, as a result of the commencement of a proceeding under the Bankruptcy Code with respect to the Borrower), then each such Bank hereby agrees that it shall forthwith purchase (as of the date the Mandatory Borrowing would otherwise have occurred, but adjusted for any payments received from the Borrower on or after such date and prior to such purchase) from the Swingline Bank such participations in the outstanding Swingline Loans and all other amounts accrued hereunder as shall be due and necessary to cause such Banks to share in such Swingline Loans ratably based upon their respective Percentages (determined before giving effect to any termination of the Revolving Loan Commitments pursuant to the last paragraph of Section 10), provided that (x) all interest payable on the Termination Date-------- Swingline Loans shall be for the account of the Swingline Bank until the date as of which the respective participation is required to be purchased and, together with accrued to the extent attributable to the purchased participation, shall be payable to the participant from and unpaid after such date and (y) at the time any purchase of participations pursuant to this sentence is actually made, the purchasing Bank shall be required to pay the Swingline Bank interest thereonon the principal amount of participation purchased for each day from and including the day upon which the Mandatory Borrowing would otherwise have occurred to but excluding the date of payment for such participation, at the overnight Federal Funds Rate for the first three days and at the rate otherwise applicable to Revolving Loans maintained as Base Rate Loans hereunder for each day thereafter.

Appears in 1 contract

Samples: Credit Agreement (Corporate Express Inc)

The Commitments. (a) Each Bank severally agrees, on the terms and subject to the conditions hereinafter set forth, to make revolving credit loans (each such loan, a “Revolving Loan”) to the Borrower from time to time on any Business Day during the period from the Closing Date until the Termination Date in an aggregate principal amount that will not result in (i) such Bank’s Outstanding Extensions of Credit exceeding such Bank’s Commitment or (ii) the Total Outstanding Extensions of Credit exceeding the Total Commitments; provided that no Revolving Loan shall be made as a Eurodollar Rate Loan with an Interest Period ending after the Termination Date; provided, further, that the Borrower shall ensure that no Loan shall be outstanding for more than 365 consecutive days. (b) Each Revolving Borrowing shall be denominated in Dollars and shall consist of Revolving Loans of the same Type made on the same day by the Banks ratably according to their respective Revolving Percentages. Each Revolving Borrowing of Eurodollar Rate Loans by the Borrower shall be in an aggregate principal amount of $5,000,000 or an integral multiple of $1,000,000 in excess thereof; provided that no more than ten Eurodollar tranches shall be outstanding at any time. Each Revolving Borrowing of ABR Loans by the Borrower shall be in an aggregate principal amount of $1,000,000 or an integral multiple of $500,000 in excess thereof. Within the limits of the applicable Commitments, the Borrower may borrow, prepay pursuant to Section 4.6 5.6 and reborrow Revolving Loans under this Section 2.1. The principal amount outstanding on the Revolving Loans and all other amounts accrued hereunder shall be due and payable on the Termination Date, together with accrued and unpaid interest thereon.

Appears in 1 contract

Samples: Credit Agreement (Centerpoint Energy Resources Corp)

The Commitments. (a) Each Bank severally agrees, on the terms and subject to the conditions hereinafter set forth, to make revolving credit loans (each such loan, a “Revolving Loan”) to the Borrower from time to time on any Business Day during the period from the Closing Date until the Commitment Termination Date in an aggregate principal amount that will not result in (i) such Bank’s Outstanding Extensions of Credit exceeding such Bank’s Commitment or (ii) the Total Outstanding Extensions of Credit exceeding the Total Commitments; provided that, for purposes of this Section 2.1(a), any Commitments that were terminated as a result of the funding of the Loans related thereto (including in respect of Commitment Increases and Loan Increases) shall be included in calculating Bank’s Commitments and Total Commitments; provided further, that no Revolving Loan shall be made as a Eurodollar Rate SOFR Loan with an Interest Period ending after the Maturity Date. The portion of each Bank’s Commitment that exists on the Closing Date shall automatically terminate upon the funding of the Loans to be made by it prior to the Commitment Termination Date in respect of such Commitment; provided that all of each Bank’s Commitments shall terminate on the Commitment Termination Date. (b) Each Revolving Borrowing shall be denominated in Dollars and shall consist of Revolving Loans of the same Type made on the same day by the Banks ratably according to their respective Revolving Loan Percentages. Each Revolving Borrowing of Eurodollar Rate SOFR Loans by the Borrower shall be in an aggregate principal amount of $5,000,000 or an integral multiple of $1,000,000 in excess thereof; provided that no more than ten Eurodollar tranches SOFR Tranches shall be outstanding at any time. Each Revolving Borrowing of ABR Loans by the Borrower shall be in an aggregate principal amount of $1,000,000 or an integral multiple of $500,000 in excess thereof. Within the limits of the applicable Commitments, the The Borrower may borrow, prepay Loans pursuant to Section 4.6 and reborrow Revolving Loans under this Section 2.14.6. The principal amount outstanding on the Revolving Loans (including Loans effected pursuant to a Commitment Increase or a Loan Increase) and all other amounts accrued hereunder shall be due and payable by the Borrower on the Termination Date, together with accrued and unpaid interest thereon.

Appears in 1 contract

Samples: Term Loan Agreement (Centerpoint Energy Houston Electric LLC)

The Commitments. (a) Each Bank severally agrees, on On the terms and subject to the applicable conditions hereinafter set forth, including, without limitation, Article III, each Lender severally agrees to make revolving credit loans (each such loan, a “Revolving Loan”) to the Borrower (each, a "Loan") from time to time on any Business Day during the period from the Closing Date until through the Termination Date end of the Commitment Period, in each case in an aggregate principal amount that will at any one time outstanding up to but not result in (i) such Bank’s Outstanding Extensions of Credit exceeding such Bank’s Lender's Commitment or (ii) the Total Outstanding Extensions of Credit exceeding the Total Commitments; provided that no Revolving Loan shall be made and, as a Eurodollar Rate Loan with an Interest Period ending after the Termination Date. (b) Each Revolving Borrowing shall be denominated in Dollars and shall consist of Revolving Loans of the same Type made on the same day by the Banks ratably according to their respective Revolving Percentages. Each Revolving Borrowing of Eurodollar Rate Loans by the Borrower shall be all Lenders, in an aggregate principal amount of $5,000,000 or an integral multiple of $1,000,000 up to but not exceeding the Total Commitment as then in excess thereof; provided that no more than ten Eurodollar tranches shall be outstanding at any timeeffect. Each Revolving Borrowing such borrowing of ABR Loans by the Borrower shall be in an aggregate principal amount of $1,000,000 or an integral multiple of $500,000 in excess thereofa Loan on any single day is referred to herein as a "Borrowing". Within such limits and subject to the limits other terms and conditions of the applicable Commitmentsthis Agreement, the Borrower may borrow (and re-borrow, prepay pursuant to Section 4.6 and reborrow Revolving ) Loans under this Section 2.12.1 and prepay Loans under Section 2.7. Each Lender severally agrees, on the last day of the Reinvestment Period (except if the Reinvestment Period terminates as a result of clause (b) of the definition thereof), to make a Loan (and the Borrower hereby directs that such Loan be made) in an amount equal to its Percentage Share of the Unfunded Amount (less the amount on deposit in the Future Funding Reserve Account) as of the date such Loan is made (such Loan, the "Future Funding Reserve Loan"), but only to the extent that its Percentage Share does not exceed its unfunded Commitment. The principal amount outstanding Borrower shall deposit the proceeds of such Loans in the Future Funding Reserve Account such that the amounts on deposit in the Revolving Loans Future Funding Reserve Account equal the Unfunded Amount. Notwithstanding the foregoing provisions of this Section 2.1 or any other provision herein or in any other Loan Document to the contrary, from and all other amounts accrued hereunder after the date occurring 60 days after any Key Person Trigger, no Borrowings shall be due and payable on made under this Agreement unless a replacement Key Person has been approved by the Termination Date, together Administrative Agent in accordance with accrued and unpaid interest thereonthe definition of "Key Manager Event".

Appears in 1 contract

Samples: Credit Agreement (Fifth Street Senior Floating Rate Corp.)

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The Commitments. (a) Each Subject to and upon the terms and conditions set forth herein, each Bank severally agrees, (A) in the case of each Continuing Bank, to convert into Revolving Loans, on the terms and subject to the conditions hereinafter set forthRestatement Effective Date, to make revolving credit loans (each Existing Revolving Loans made by such loan, a “Revolving Loan”) Continuing Bank to the Borrower from time pursuant to time the Existing Credit Agreement and outstanding on any Business Day during the period from the Closing Date until the Termination Restatement Effective Date in an aggregate principal amount that will not result in equal to the amount set forth on Schedule I and/or (B) at any time and from time to time on and after the Restatement Effective Date and prior to the Revolving Loan Maturity Date, to make a revolving loan or revolving loans (each, a "Revolving Loan", and, collectively, the "Revolving Loans") to the Borrower, which Revolving Loans (i) such Bank’s Outstanding Extensions shall, at the option of Credit exceeding such Bank’s Commitment the Borrower, be Base Rate Loans or Eurodollar Loans, PROVIDED that, (iix) except as otherwise specifically provided in Section 1.10(b), all Revolving Loans comprising the Total Outstanding Extensions same Borrowing shall at all times be of Credit exceeding the Total Commitments; provided that same Type, and (y) at any given time, no Revolving Loan shall more than one Borrowing of Eurodollar Loans may be made as a Eurodollar Rate Loan with incurred prior to March 1, 1999 (which Borrowing may only have an Interest Period ending after the Termination Date. (b) Each Revolving Borrowing shall be denominated in Dollars and shall consist of Revolving Loans of the same Type made on the same day one or two weeks as selected by the Banks ratably according Borrower, PROVIDED however, in the event the Borrower has elected to their respective Revolving Percentages. Each Revolving convert any Borrowing of Eurodollar Base Rate Loans by the Borrower shall be in an aggregate principal amount into Eurodollar Loans, then no additional Borrowings of $5,000,000 or an integral multiple of $1,000,000 in excess thereof; provided that no more than ten Eurodollar tranches shall be outstanding at any time. Each Revolving Borrowing of ABR Loans by the Borrower shall be in an aggregate principal amount of $1,000,000 or an integral multiple of $500,000 in excess thereof. Within the limits of the applicable Commitments, the Borrower may borrow, prepay pursuant to Section 4.6 and reborrow Revolving Loans under this Section 2.1. The 1.01 shall be permitted), (ii) may be repaid and reborrowed in accordance with the provisions hereof and (iii) shall not exceed for any Bank at any time outstanding (which, in the case of each Continuing Bank, shall include the principal amount outstanding on of Existing Revolving Loans converted pursuant to clause (A) above) that aggregate principal amount which equals the Revolving Loans and all other amounts accrued hereunder shall be due and payable on the Termination Date, together with accrued and unpaid interest thereonLoan Commitment of such Bank at such time.

Appears in 1 contract

Samples: Credit Agreement (Northwest Airlines Corp)

The Commitments. (a) Each Bank severally agrees, on Subject to the terms and conditions set forth in this Agreement, each Lender severally (and not jointly) agrees, during the Availability Period applicable to such Lender (i) to make, Convert and Continue Dollar Loans to the Company as the Company may request, and (ii) to make and Continue Foreign Currency Loans to the Company or any Foreign Borrower as the Company or such Foreign Borrower may request; provided, however, that in each case: (A) for any Lender, the sum of (1) the aggregate LC Exposure of such Lender, (2) the aggregate principal amount of all Dollar Loans made by such Lender, and (3) the Equivalent Amount of the aggregate principal amount of all Foreign Currency Loans made by such Lender, shall not exceed such Lender’s Commitment at any time, (B) the sum of (1) the aggregate LC Exposure of all Lenders, (2) the aggregate principal amount of all Dollar Loans made by all Lenders and (3) the Equivalent Amount of the aggregate principal amount of all Foreign Currency Loans made by all Lenders shall not exceed the combined Commitments at any time, and (C) the Equivalent Amount of the aggregate principal amount of all Foreign Currency Loans made by all Lenders shall not exceed the Foreign Currency Limit at any time. Subject to the foregoing and other terms and conditions hereof, Loans may be borrowed, prepaid and reborrowed as set forth herein without premium or penalty. The Borrower may Convert a Dollar LIBOR Loan to a Base Rate Loan or a Base Rate Loan to a Dollar LIBOR Loan upon request, subject to the terms and conditions hereinafter set forth, of this Agreement. The Borrower may not Convert a Dollar Loan to make revolving credit loans (each such loana Foreign Currency Loan, a “Revolving Loan”) Foreign Currency Loan to a Dollar Loan or a Loan in one Foreign Currency to a Loan in any other Foreign Currency. The available Commitments also may be utilized by the Borrower from time Company to time on any Business Day during the period from the Closing Date until the Termination Date in an aggregate principal amount that will not result in (i) such Bank’s Outstanding Extensions obtain Letters of Credit exceeding such Bank’s Commitment or (ii) the Total Outstanding Extensions of Credit exceeding the Total Commitments; provided that no Revolving Loan shall be made as a Eurodollar Rate Loan in accordance with an Interest Period ending after the Termination DateSection 2.11. (b) Each Revolving Borrowing Loans made by each Lender shall be denominated evidenced by one or more loan accounts or records maintained by such Lender in Dollars the Ordinary Course of Business. Upon the request of any Lender made through the Administrative Agent, such Lender’s Loans may be evidenced by one or more Notes, instead of or in addition to loan accounts. (Each such Lender may endorse on the schedules annexed to its Note the date, amount and maturity of its Loans and payments with respect thereto.) Such loan accounts, records or Notes shall consist of Revolving Loans be conclusive absent manifest error of the same Type made on the same day by the Banks ratably according to their respective Revolving Percentages. Each Revolving Borrowing of Eurodollar Rate Loans by the Borrower shall be in an aggregate principal amount of $5,000,000 such Loans and payments thereon. Any failure so to record or an integral multiple any error in doing so shall not, however, limit or otherwise affect the obligation of $1,000,000 in excess thereof; provided that any Credit Party to pay any amount owing with respect to the Loans. (c) Unless the Administrative Agent and the Requisite Lenders otherwise consent, Loans with no more than ten Eurodollar tranches 15 different Interest Periods shall be outstanding at any one time. Each Revolving Borrowing ; provided that for the purposes of ABR this sentence only, “Loans” shall mean all Loans by the Borrower shall be in an aggregate principal amount of $1,000,000 or an integral multiple of $500,000 in excess thereof. Within the limits of the applicable Commitments, the Borrower may borrow, prepay pursuant to Section 4.6 and reborrow Revolving Loans outstanding under this Section 2.1. The principal amount outstanding on the Revolving Loans and all other amounts accrued hereunder shall be due and payable on the Termination Date, together with accrued and unpaid interest thereonAgreement.

Appears in 1 contract

Samples: Credit Agreement (SAIC, Inc.)

The Commitments. (a) Each Bank severally agrees, on the terms and subject to the conditions hereinafter set forth, to make revolving credit loans a loan (each such loan, a “Revolving Loan”) to the Borrower from time to time on any Business Day during the period from the Closing Date until the Termination Date in an aggregate principal amount that will not result in (i) such Bank’s Outstanding Extensions of Credit exceeding such Bank’s Commitment or (ii) the Total Outstanding Extensions of Credit exceeding the Total Commitments; provided that no Revolving Loan shall be made as a Eurodollar Rate SOFR Loan with an Interest Period ending after the Termination Maturity Date. Each Bank’s Commitment shall automatically terminate upon funding of the Loans to be made by it on the Closing Date. Any Loan that is repaid may not be reborrowed. (b) Each Revolving Borrowing shall be denominated in Dollars and shall consist of Revolving Loans of the same Type made on the same day by the Banks ratably according to their respective Revolving Loan Percentages. Each Revolving Borrowing of Eurodollar Rate SOFR Loans by the Borrower shall be in an aggregate principal amount of $5,000,000 or an integral multiple of $1,000,000 in excess thereof; provided that no more than ten Eurodollar tranches three SOFR Tranches shall be outstanding at any time. Each Revolving Borrowing of ABR Loans by the Borrower shall be in an aggregate principal amount of $1,000,000 or an integral multiple of $500,000 in excess thereof. Within the limits of the applicable Commitments, the The Borrower may borrow, prepay Loans pursuant to Section 4.6 and reborrow Revolving Loans under this Section 2.14.5. The principal amount outstanding on the Revolving Loans and all other amounts accrued hereunder shall be due and payable by the Borrower on the Termination Date, together with accrued and unpaid interest thereon.

Appears in 1 contract

Samples: Term Loan Agreement (Centerpoint Energy Inc)

The Commitments. (a) Each Bank severally agrees, on the terms and subject to the conditions hereinafter set forth, to make revolving credit loans a loan (each such loan, a “Revolving Loan”) to the Borrower from time to time on any Business Day during the period from the Closing Date until the Termination Date in an aggregate principal amount that will not result in (i) such Bank’s Outstanding Extensions of Credit exceeding such Bank’s Commitment or (ii) the Total Outstanding Extensions of Credit exceeding the Total Commitments; provided that no Revolving Loan shall be made as a Eurodollar Rate Loan with an Interest Period ending after the Termination Maturity Date. Each Bank’s Commitment shall automatically terminate upon funding of the Loans to be made by it on the date hereof. Any Loan that is repaid may not be reborrowed. (b) Each Revolving Borrowing shall be denominated in Dollars and shall consist of Revolving Loans of the same Type made on the same day by the Banks ratably according to their respective Revolving Loan Percentages. Each Revolving Borrowing of Eurodollar Rate Loans by the Borrower shall be in an aggregate principal amount of $5,000,000 or an integral multiple of $1,000,000 in excess thereof; provided that no more than ten Eurodollar tranches Tranches shall be outstanding at any time. Each Revolving Borrowing of ABR Loans by the Borrower shall be in an aggregate principal amount of $1,000,000 or an integral multiple of $500,000 in excess thereof. Within the limits of the applicable Commitments, the Borrower may borrow, borrow and prepay pursuant to Section 4.6 and reborrow Revolving Loans under this Section 2.14.5. The principal amount outstanding on the Revolving Loans and all other amounts accrued hereunder shall be due and payable on the Termination Date, together with accrued and unpaid interest thereon.

Appears in 1 contract

Samples: Term Loan Agreement (Centerpoint Energy Inc)

The Commitments. (a) Each Bank severally agrees, on Subject to the terms and conditions set forth in this Agreement, each Lender severally (and not jointly) agrees, during the Availability Period (i) to make, Convert and Continue Dollar Loans to the Company as the Company may request, and (ii) to make and Continue Foreign Currency Loans to any Foreign Borrower as such Foreign Borrower may request; provided, however, that in each case: (A) for any Lender, the sum of (1) the aggregate LC Exposure of such Lender, (2) the aggregate principal amount of all Dollar Loans made by such Lender, and (3) the Equivalent Amount of the aggregate principal amount of all Foreign Currency Loans made by such Lender, shall not exceed such Lender's Commitment at any time, (B) the sum of (1) the aggregate LC Exposure of all Lenders, (2) the aggregate principal amount of all Dollar Loans made by all Lenders, (3) the Equivalent Amount of the aggregate principal amount of all Foreign Currency Loans made by all Lenders, and (4) the aggregate principal amount of all Competitive Loans made by all Lenders, shall not exceed the combined Commitments at any time, and (C) the Equivalent Amount of the aggregate principal amount of all Foreign Currency Loans made by all Lenders shall not exceed the Foreign Currency Limit at any time. Subject to the foregoing and other terms and conditions hereof, Committed Loans may be Borrowed, prepaid and reborrowed as set forth herein without premium or penalty. The Borrower may Convert a Dollar LIBOR Loan to a Base Rate Loan or a Base Rate Loan to a Dollar LIBOR Loan upon request, subject to the terms and conditions hereinafter set forth, of this Agreement. The Borrower may not Convert a Dollar Loan to make revolving credit loans (each such loana Foreign Currency Loan, a “Revolving Loan”) Foreign Currency Loan to the Borrower from time a Dollar Loan or a Loan in one Foreign Currency to time on a Loan in any Business Day during the period from the Closing Date until the Termination Date in an aggregate principal amount that will not result in (i) such Bank’s Outstanding Extensions of Credit exceeding such Bank’s Commitment or (ii) the Total Outstanding Extensions of Credit exceeding the Total Commitments; provided that no Revolving other Foreign Currency. Each Competitive Loan shall be made as a Eurodollar Rate Loan in accordance with an Interest Period ending after Section 2.03. The available Commitments also may be utilized by the Termination DateCompany to obtain Letters of Credit in accordance with Section 2.11. (b) Each Revolving Borrowing Committed Loans made by each Lender shall be denominated evidenced by one or more loan accounts or records maintained by such Lender in Dollars the Ordinary Course of Business. Upon the request of any Lender made through the Administrative Agent, such Lender's Committed Loans may be evidenced by one or more Committed Loan Notes, instead of or in addition to loan accounts. (Each such Lender may endorse on the schedules annexed to its Committed Loan Note the date, amount and maturity of its Committed Loans and payments with respect thereto.) Such loan accounts, records or Notes shall consist of Revolving Loans be conclusive absent manifest error of the same Type made on the same day by the Banks ratably according to their respective Revolving Percentages. Each Revolving Borrowing of Eurodollar Rate Loans by the Borrower shall be in an aggregate principal amount of $5,000,000 such Committed Loans and payments thereon. Any failure so to record or an integral multiple any error in doing so shall not, however, limit or otherwise affect the obligation of $1,000,000 in excess thereof; provided that any Credit Party to pay any amount owing with respect to the Committed Loans. (c) Unless the Administrative Agent and the Requisite Lenders otherwise consent, Loans with no more than ten Eurodollar tranches 15 different Interest Periods shall be outstanding at any one time. Each Revolving Borrowing ; provided that for the purposes of ABR this sentence only, "Loans" shall mean all Loans by the Borrower shall be in an aggregate principal amount of $1,000,000 or an integral multiple of $500,000 in excess thereof. Within the limits of the applicable Commitments, the Borrower may borrow, prepay pursuant to Section 4.6 and reborrow Revolving Loans outstanding under this Section 2.1. The principal amount Agreement, plus all loans outstanding on under the Revolving Loans and all other amounts accrued hereunder shall be due and payable on the Termination Date, together with accrued and unpaid interest thereon364-Day Credit Agreement.

Appears in 1 contract

Samples: Credit Agreement (Science Applications International Corp)

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