The Loans. (a) On the terms and subject to the conditions hereof, from time to time prior to the Termination Date, each Conduit Lender may in its sole discretion, and each Committed Lender shall, if the Conduit Lender in its related Lender Group elects not to, make Loans to the Borrower in an amount, for each Lender Group, equal to its Lender Group Percentage of the amount requested by the Borrower pursuant to Section 2.02; provided, that no Lender shall make any such Loan if, after giving effect to such Loan: (i) in the case of a Conduit Lender, the aggregate outstanding Principal Balance of the Tranches funded by such Lender hereunder shall exceed its Conduit Lending Limit or, in the case of a Committed Lender, the Credit Exposure of such Lender hereunder shall exceed its Commitment; (ii) the aggregate Credit Exposure shall exceed the Facility Limit; or (iii) the aggregate Credit Exposure shall exceed the Borrowing Base. If there is more than one Committed Lender in a Lender Group, each such Committed Lender shall lend its Pro Rata Share of such Lender Group’s Lender Group Percentage of each requested Loan, to the extent such Loan is not made by the related Conduit Lender. Each Borrowing shall be in a minimum principal amount equal to not less than $1,000,000 and in integral multiples of $100,000 in excess thereof. Subject to the foregoing and to the limitations set forth in Section 2.05, the Borrower may borrow, prepay and reborrow the Loans hereunder.
Appears in 3 contracts
Samples: Loan and Servicing Agreement (Newell Brands Inc.), Loan and Servicing Agreement (Newell Brands Inc), Loan and Servicing Agreement (Newell Brands Inc)
The Loans. (a) On the terms and subject to the conditions hereof, on the Effective Date, and thereafter from time to time prior to the Termination Date, each Conduit Lender may in its sole discretion, and each Committed Lender shall, if the Conduit Lender in its related Lender Group elects not to, make Loans to the Borrower in an amount, for each Lender Group, equal to its Lender Group Percentage of the amount requested by the Borrower pursuant to Section 2.02; provided, provided that no Lender shall make any such Loan if, after giving effect to such Loan:
(i) in the case of a Conduit Lender, the aggregate outstanding Principal Balance of the Tranches funded by such Lender hereunder shall exceed its Conduit Lending Limit or, (in the case of a Conduit Lender) or Commitment (in the case of a Committed Lender, the Credit Exposure of such Lender hereunder shall exceed its Commitment);
(ii) the aggregate Credit Exposure Aggregate Principal Balance shall exceed the Facility Limit; or;
(iii) the sum of (A) the aggregate Credit Exposure Face Amount of Promissory Notes issued by the Conduit Lender(s) in such Lender Group to fund or maintain the Loans hereunder and (B) the aggregate outstanding Principal Balance of the Tranches funded hereunder by the Lenders in such Lender Group other than through the issuance of Promissory Notes, shall exceed the Lender Group Limit for such Lender Group; and
(iv) the Aggregate Principal Balance shall exceed the Borrowing Base. If there is more than one Committed Lender in a Lender Group, each such Committed Lender shall lend its Pro Rata Share of such Lender Group’s Lender Group Percentage of each requested Loan, to the extent such Loan is not made by the related Conduit Lender. Each Borrowing shall be in a minimum principal amount equal to not less than $1,000,000 5,000,000 and in integral multiples of $100,000 1,000,000 in excess thereof. Subject to the foregoing and to the limitations set forth in Section 2.05, the Borrower may borrow, prepay and reborrow the Loans hereunder.
Appears in 2 contracts
Samples: Loan and Servicing Agreement (Tampa Electric Co), Loan and Servicing Agreement (Teco Energy Inc)
The Loans. (a) On Subject to the terms and subject conditions set forth herein, each Lender severally agrees to make loans (each such loan, a “Revolving Credit Loan”) to the conditions hereof, Borrower from time to time prior time, on any Business Day during the Availability Period, in an aggregate principal amount (based in respect of any Revolving Credit Loans to be denominated in a Committed Currency by reference to the Termination Date, each Conduit Lender may Equivalent thereof in its sole discretion, and each Committed Lender shall, if Dollars determined on the Conduit Lender in its related Lender Group elects not to, make Loans to the Borrower in an amount, for each Lender Group, equal to its Lender Group Percentage date of delivery of the applicable Committed Loan Notice) not to exceed at any time outstanding the amount requested by the Borrower pursuant to Section 2.02of such Lender’s Commitment; provided, however, that no Lender shall make any such Loan if, after giving effect to such Loan:
any Revolving Credit Borrowing, (i) in the case of a Conduit LenderTotal Outstandings shall not exceed the Aggregate Commitments, the aggregate outstanding Principal Balance of the Tranches funded by such Lender hereunder shall exceed its Conduit Lending Limit or, in the case of a Committed Lender, the Credit Exposure of such Lender hereunder shall exceed its Commitment;
(ii) the aggregate Outstanding Amount of all Revolving Credit Exposure Loans denominated in a Committed Currency shall not exceed the Facility Limit; or
Committed Currency Sublimit, and (iii) the aggregate Outstanding Amount of the Revolving Credit Exposure shall exceed the Borrowing Base. If there is more than one Committed Lender in a Lender GroupLoans of any Lender, each plus such Committed Lender shall lend its Lender’s Pro Rata Share of the Outstanding Amount of all L/C Obligations, plus such Lender GroupLender’s Lender Group Percentage Pro Rata Share of the Outstanding Amount of all Swing Line Loans shall not exceed such Lender’s Commitment. Within the limits of each requested LoanLender’s Commitment, and subject to the extent such Loan is not made by the related Conduit Lender. Each Borrowing shall be in a minimum principal amount equal to not less than $1,000,000 other terms and in integral multiples of $100,000 in excess thereof. Subject to the foregoing and to the limitations set forth in Section 2.05conditions hereof, the Borrower may borrowborrow under this Section 2.01, prepay under Section 2.05, and reborrow the under this Section 2.01. Revolving Credit Loans hereundermay be Base Rate Loans or Eurocurrency Rate Loans, as further provided herein.
Appears in 2 contracts
Samples: Credit Agreement (Timken Co), Credit Agreement (Timken Co)
The Loans. (a) On Each Lender severally agrees, on the terms and conditions set forth herein, to make loans in Dollars to Borrower (each such loan, a “Loan”), from time to time, on any Business Day during the period from the Closing Date until the Maturity Date, in an aggregate principal amount not to exceed, at any time outstanding the amount of such Lender’s Commitment then in effect; provided, however, that after giving effect to each borrowing under this Section 2.01(a), (i) the Loans outstanding of any Lender shall not exceed such Lender’s Commitment, (ii) the aggregate amount of all Loans outstanding hereunder shall not exceed the Aggregate Commitments then in effect and (iii) the LTV Ratio shall not be greater than the Initial LTV Ratio. Within the limits of each Lender’s Commitment and subject to the conditions hereofset forth in Article III and the other terms and conditions set forth herein, Borrower may from time to time prior to the Termination Dateborrow, each Conduit Lender may in its sole discretion, and each Committed Lender shall, if the Conduit Lender in its related Lender Group elects not to, make Loans to the Borrower in an amount, for each Lender Group, equal to its Lender Group Percentage of the amount requested by the Borrower prepay pursuant to Section 2.02; provided, that no Lender shall make any such Loan if, after giving effect to such Loan:2.07(a) and reborrow under this Section 2.01.
(ib) in the case of a Conduit Lender, the aggregate outstanding Principal Balance of the Tranches funded by such Lender hereunder shall exceed its Conduit Lending Limit or, in the case of a Committed Lender, the Credit Exposure of such Lender hereunder shall exceed its Commitment;
(ii) the aggregate Credit Exposure shall exceed the Facility Limit; or
(iii) the aggregate Credit Exposure shall exceed the Borrowing Base. If there is more than one Committed Lender in a Lender Group, each such Committed Lender shall lend its Pro Rata Share of such Lender Group’s Lender Group Percentage of each requested Loan, to the extent such Each Loan is not made by the related Conduit Lender. Each Borrowing shall be in a minimum principal an aggregate amount equal to not less than $1,000,000 and in integral multiples or any whole multiple of $100,000 in excess thereof. Subject , and shall be made available by Lenders based on their Ratable Shares.
(c) The failure of any Lender to the foregoing and to the limitations set forth in Section 2.05, the Borrower may borrow, prepay and reborrow make its Ratable Share of the Loans hereundershall not relieve any other Lender of its obligation to make its Ratable Share of the Loans, provided that no Lender shall be responsible for the failure of any other Lender to make its Ratable Share of the Loans.
Appears in 2 contracts
Samples: Credit Agreement (Rentech Inc /Co/), Credit Agreement (Rentech Inc /Co/)
The Loans. (a) On the terms and subject to the conditions hereof, on the Effective Date, and thereafter from time to time prior to the Termination Date, each Conduit Lender may in its sole discretion, and each Committed Lender shall, if the Conduit Lender in its related Lender Group elects not to, make Loans to the Borrower in an amount, for each Lender Group, equal to its Lender Group Percentage of the amount requested by the Borrower pursuant to Section 2.02; provided, provided that no Lender shall make any such Loan if, after giving effect to such Loan:
(i) in the case of a Conduit Lender, the aggregate outstanding Principal Balance of the Tranches funded by such Lender hereunder shall exceed its Conduit Lending Limit or, (in the case of a Conduit Lender) or Commitment (in the case of a Committed Lender, the Credit Exposure of such Lender hereunder shall exceed its Commitment);
(ii) the aggregate Credit Exposure Aggregate Principal Balance shall exceed the Facility Limit; or
(iii) the aggregate Credit Exposure Aggregate Principal Balance shall exceed the Borrowing Base. If there is more than one Committed Lender in a Lender Group, each such Committed Lender shall lend its Pro Rata Share of such Lender Group’s Lender Group Percentage of each requested Loan, to the extent such Loan is not made by the related Conduit Lender. Each Borrowing shall be in a minimum principal amount equal to not less than $1,000,000 and in integral multiples of $100,000 in excess thereof. Subject to the foregoing and to the limitations set forth in Section 2.05, the Borrower may borrow, prepay and reborrow the Loans hereunder.
Appears in 2 contracts
Samples: Loan and Servicing Agreement (Puget Sound Energy Inc), Loan and Servicing Agreement (Puget Energy Inc /Wa)
The Loans. (a) On the terms and subject to the conditions hereof, on the Closing Date, and thereafter from time to time prior to the Termination Date, each Conduit Lender may in its sole discretion, and each Committed Lender shall, if the Conduit Lender in its related Lender Group Group, if any, elects not to, make Loans to the Borrower in an amount, for each Lender Group, equal to its Lender Group Percentage of the amount requested by the Borrower pursuant to Section 2.02; provided, that no Lender shall make any such Loan ifor portion thereof to the extent that, after giving effect to such Loan:
(i) in the case of a Conduit Lender, the aggregate outstanding Principal Balance Amount of the Tranches Loans funded by such Lender hereunder shall exceed its Conduit Lending Limit or, (in the case of a Conduit Lender) or Commitment (in the case of a Committed Lender, the Credit Exposure of such Lender hereunder shall exceed its Commitment);
(ii) the aggregate Credit Exposure Outstanding Loan Amount shall exceed the lesser of the Facility LimitLimit and the Borrowing Base; or
(iii) the sum of (A) the aggregate Credit Exposure Face Amount of Commercial Paper issued by the Conduit Lender(s) in such Lender Group to fund or maintain the Loans hereunder and (B) the aggregate outstanding Principal Amount of the Loans funded hereunder by the Lenders in such Lender Group other than through the issuance of Commercial Paper, shall exceed the Borrowing BaseLender Group Limit for such Lender Group. If there is more than one Committed Lender in a Lender Group, each such Committed Lender shall lend its Pro Rata Share of such Lender Group’s Lender Group Percentage of each requested Loan, to the extent such Loan is not made by the related Conduit Lender. Each Borrowing shall be in a minimum principal amount equal to not less than $1,000,000 500,000 and in integral multiples of $100,000 in excess thereof; provided, that for any period during which the Facility Limit exceeds the Outstanding Loan Amount by $500,000 or less, each Borrowing shall be in a minimum principal amount equal to $100,000 and in integral multiples of $100,000 in excess thereof. Subject to the foregoing and to the limitations set forth in Section 2.05, the Borrower may borrow, prepay and reborrow the Loans hereunder.
(b) Each Borrowing shall consist of Loans having the same Interest Period and made on the same day by each of the Lender Groups ratably according to their respective Lender Group Percentages. The first Borrowing hereunder shall occur on the Closing Date.
(c) On the Termination Date, the Commitments of the Committed Lenders will terminate automatically without any action required on the part of any Person.
(d) On the Maturity Date, all of the Loans, together with all other Borrower Obligations, shall mature and be due and payable.
Appears in 2 contracts
Samples: Loan and Servicing Agreement (DT Acceptance Corp), Loan and Servicing Agreement (DT Acceptance Corp)
The Loans. (a) On the terms and subject to the conditions hereof, from time to time prior to during the Termination period commencing on the Restatement Date and ending at the close of business on the Business Day immediately preceding the Amortization Date, each Conduit Lender may in its sole discretion, and each Committed Lender shall, if the Conduit Lender in its related Lender Group elects not toto (or if there is no Conduit Lender in its related Lender Group), make Loans to the Borrower in an amount, for each Lender Group, equal to its Lender Group Percentage of the amount requested by the Borrower pursuant to Section 2.02; provided, that no Lender shall make any such Loan ifor portion thereof to the extent that, after giving effect to such Loan:
(i) in the case of a Conduit Lender, the aggregate outstanding Principal Balance Amount of the Tranches Loans funded by such Lender hereunder shall exceed its Conduit Lending Limit or, (in the case of a Conduit Lender) or Commitment (in the case of a Committed Lender, the Credit Exposure of such Lender hereunder shall exceed its Commitment);
(ii) the aggregate Credit Exposure Aggregate Loan Principal Balance shall exceed the lesser of the Facility LimitLimit and the Borrowing Base; or
(iii) the sum of (A) the aggregate Credit Exposure Face Amount of Commercial Paper issued by the Conduit Lender(s) in such Lender Group to fund or maintain the Loans hereunder and (B) the aggregate outstanding Principal Amount of the Loans funded hereunder by the Lenders in such Lender Group other than through the issuance of Commercial Paper, shall exceed the Borrowing BaseLender Group Limit for such Lender Group. If there is more than one Committed Lender in a Lender Group, each such Committed Lender shall lend its Pro Rata Share of such Lender Group’s Lender Group Percentage of each requested Loan, to the extent such Loan is not made by the related Conduit Lender. Each Borrowing shall be in a minimum principal amount equal to not less than $1,000,000 and in integral multiples of $100,000 in excess thereof. Subject to the foregoing and to the limitations set forth in Section 2.05, the Borrower may borrow, prepay and reborrow the Loans hereunder.
(b) Each Borrowing shall consist of Loans made on the same day by each of the Lender Groups ratably according to their respective Lender Group Percentages.
(c) Each Lender (or its related Managing Agent) shall maintain an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each Loan made by such Lender from time to time, including the outstanding principal balance of such Loans and the amount of Interest payable and paid to such Lender from time to time hereunder. The entries made in such accounts of the Lenders shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided, however, that the failure of any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans in accordance with the terms of this Agreement.
(d) On the Amortization Date, the Commitments of the Committed Lenders will terminate automatically without any action required on the part of any Person. The Aggregate Loan Principal Balance, together with all other Borrower Obligations, shall mature and be due and payable in full in cash on the Maturity Date.
Appears in 2 contracts
Samples: Receivables Loan Agreement, Sale and Contribution Agreement, Servicing Agreement, Custody Agreement (Hilton Grand Vacations Inc.), Receivables Loan Agreement (Hilton Grand Vacations Inc.)
The Loans. (a) On Subject to the terms and subject conditions set forth herein, each Lender severally agrees to the conditions hereofmake loans (each such loan, a “Revolving Credit Loan”) to each Borrower from time to time prior time, on any Business Day during the Availability Period, in an aggregate principal amount (based in respect of any Revolving Credit Loans to be denominated in a Committed Currency by reference to the Termination Date, each Conduit Lender may Equivalent thereof in its sole discretion, and each Committed Lender shall, if Dollars determined on the Conduit Lender in its related Lender Group elects not to, make Loans to the Borrower in an amount, for each Lender Group, equal to its Lender Group Percentage date of delivery of the applicable Committed Loan Notice) not to exceed at any time outstanding the amount requested by the Borrower pursuant to Section 2.02of such Lender’s Commitment; provided, however, that no Lender shall make any such Loan if, after giving effect to such Loan:
any Revolving Credit Borrowing, (i) in the case of a Conduit Lender, Total Outstandings shall not exceed the aggregate outstanding Principal Balance of the Tranches funded by such Lender hereunder shall exceed its Conduit Lending Limit or, in the case of a Committed Lender, the Credit Exposure of such Lender hereunder shall exceed its Commitment;
(iiAggregate Commitments,(ii) the aggregate Outstanding Amount of all Revolving Credit Exposure Loans denominated in a Committed Currency shall not exceed the Facility Limit; or
Committed Currency Sublimit and (iii) the aggregate Outstanding Amount of the Revolving Credit Exposure shall exceed the Borrowing Base. If there is more than one Committed Lender in a Lender GroupLoans of any Lender, each plus such Committed Lender shall lend its Lender’s Pro Rata Share of the Outstanding Amount of all L/C Obligations, plus such Lender GroupLender’s Lender Group Percentage Pro Rata Share of the Outstanding Amount of all Swing Line Loans shall not exceed such Lender’s Commitment. Within the limits of each requested LoanLender’s Commitment, and subject to the extent such Loan is not made by other terms and conditions hereof, the related Conduit Lender. Each Borrowing shall be in a minimum principal amount equal to not less than $1,000,000 and in integral multiples of $100,000 in excess thereof. Subject to the foregoing and to the limitations set forth in Borrowers may borrow under this Section 2.01, prepay under Section 2.05, the Borrower may borrow, prepay and reborrow the under this Section 2.01. Revolving Credit Loans hereundermay be Base Rate Loans or Eurocurrency Rate Loans, as further provided herein.
Appears in 2 contracts
Samples: Credit Agreement (Timken Co), Credit Agreement (Timken Co)
The Loans. (a) On the terms and subject to the conditions hereof, on the Closing Date, and thereafter from time to time prior to the Termination Date, each Conduit Lender may in its sole discretion, and each Committed Lender shall, if the Conduit Lender in its related Lender Group Group, if any, elects not to, make Loans to the Borrower in an amount, for each Lender Group, equal to its Lender Group Percentage of the amount requested by the Borrower pursuant to Section 2.02; provided, that no Lender shall make any such Loan ifor portion thereof to the extent that, after giving effect to such Loan:
(i) in the case of a Conduit Lender, the aggregate outstanding Principal Balance Amount of the Tranches Loans funded by such Lender hereunder shall exceed its Conduit Lending Limit or, (in the case of a Conduit Lender) or Commitment (in the case of a Committed Lender, the Credit Exposure of such Lender hereunder shall exceed its Commitment);
(ii) the aggregate Credit Exposure Outstanding Loan Amount shall exceed the lesser of the Facility LimitLimit and the Borrowing Base; or
(iii) the sum of (A) the aggregate Credit Exposure Face Amount of Commercial Paper issued by the Conduit Lender(s) in such Lender Group to fund or maintain the Loans hereunder and (B) the aggregate outstanding Principal Amount of the Loans funded hereunder by the Lenders in such Lender Group other than through the issuance of Commercial Paper, shall exceed the Borrowing BaseLender Group Limit for such Lender Group. If there is more than one Committed Lender in a Lender Group, each such Committed Lender shall lend its Pro Rata Share of such Lender Group’s Lender Group Percentage of each requested Loan, to the extent such Loan is not made by the related Conduit Lender. Each Borrowing shall be in a minimum principal amount equal to not less than $1,000,000 500,000 and in integral multiples of $100,000 in excess thereof; provided, that for any period during which the Facility Limit exceeds the Outstanding Loan Amount by $500,000 or less, each Borrowing shall be in a minimum principal amount equal to $100,000 and in integral multiples ACTIVE 200146376v.2 of $100,000 in excess thereof. Subject to the foregoing and to the limitations set forth in Section 2.05, the Borrower may borrow, prepay and reborrow the Loans hereunder.
(b) Each Borrowing shall consist of Loans having the same Interest Period and made on the same day by each of the Lender Groups ratably according to their respective Lender Group Percentages. The first Borrowing hereunder shall occur on the Closing Date.
(c) On the Termination Date, the Commitments of the Committed Lenders will terminate automatically without any action required on the part of any Person.
(d) On the Maturity Date, all of the Loans, together with all other Borrower Obligations, shall mature and be due and payable.
Appears in 1 contract
Samples: Loan and Servicing Agreement (Drivetime Automotive Group Inc)
The Loans. (a) On the terms and subject to the conditions hereof, on the Effective Date, and thereafter from time to time prior to the Termination Date, each Conduit Lender may in its sole discretion, and each Committed Lender shall, if the Conduit Lender in its related Lender Group elects not to, make Loans to the Borrower in an amount, for each Lender Group, equal to its Lender Group Percentage of the amount requested by the Borrower pursuant to Section 2.02; provided, provided that no Lender shall make any such Loan if, after giving effect to such Loan:
(i) in the case of a Conduit Lender, the aggregate outstanding Principal Balance of the Tranches funded by such Lender hereunder shall exceed its Conduit Lending Limit or, (in the case of a Conduit Lender) or Commitment (in the case of a Committed Lender, the Credit Exposure of such Lender hereunder shall exceed its Commitment);
(ii) the aggregate Credit Exposure Aggregate Principal Balance shall exceed the lesser of the Facility Limit; orLimit and the Maximum Permitted Amount;
(iii) the sum of (A) the aggregate Credit Exposure Face Amount of Promissory Notes issued by the Conduit Lender(s) in such Lender Group to fund or maintain the Loans hereunder and (B) the aggregate outstanding Principal Balance of the Tranches funded hereunder by the Lenders in such Lender Group other than through the issuance of Promissory Notes, shall exceed the Lender Group Limit for such Lender Group; and
(iv) the Aggregate Principal Balance shall exceed the Borrowing Base. If there is more than one Committed Lender in a Lender Group, each such Committed Lender shall lend its Pro Rata Share of such Lender Group’s 's Lender Group Percentage of each requested Loan, to the extent such Loan is not made by the related Conduit Lender. Each Borrowing shall be in a minimum principal amount equal to not less than $1,000,000 5,000,000 and in integral multiples of $100,000 in excess thereof. Subject to the foregoing and to the limitations set forth in Section 2.05, the Borrower may borrow, prepay and reborrow the Loans hereunder.
Appears in 1 contract
The Loans. (a) On the terms and subject to the conditions hereof, from time to time prior to during the Termination period commencing on the Restatement Date and ending at the close of business on the Business Day immediately preceding the Amortization Date, each Conduit Lender may in its sole discretion, and each Committed Lender shall, if the Conduit Lender in its related Lender Group elects not toto (or if there is no Conduit Lender in its related Lender Group), make Loans to the Borrower in an amount, for each Lender Group, equal to its Lender Group Percentage of the amount requested by the Borrower pursuant to Section 2.02; provided, that no Lender shall make any such Loan ifor portion thereof to the extent that, after giving effect to such Loan:
(i) in the case of a Conduit Lender, the aggregate outstanding Principal Balance Amount of the Tranches Loans funded by such Lender hereunder shall exceed its Conduit Lending Limit or, (in the case of a Conduit Lender) or Commitment (in the case of a Committed Lender, the Credit Exposure of such Lender hereunder shall exceed its Commitment);
(ii) the aggregate Credit Exposure Aggregate Loan Principal Balance shall exceed the lesser of the Facility LimitLimit and the Borrowing Base; or
(iii) the sum of (A) the aggregate Credit Exposure Face Amount of Commercial Paper issued by the Conduit Lender(s) in such Lender Group to fund or maintain the Loans hereunder and (B) the aggregate outstanding Principal Amount of the Loans funded hereunder by the Lenders in such Lender Group other than through the issuance of Commercial Paper, shall exceed the Borrowing BaseLender Group Limit for such Lender Group. If there is more than one Committed Lender in a Lender Group, each such Committed Lender shall lend its Pro Rata Share of such Lender Group’s Lender Group Percentage of each requested Loan, to the extent such Loan is not made by the related Conduit Lender. Each Borrowing shall be in a minimum principal amount equal to not less than $1,000,000 and in integral multiples of $100,000 in excess thereof. Subject to the foregoing and to the limitations set forth in Section 2.05, the Borrower may borrow, prepay and reborrow the Loans hereunder.
(b) Each Borrowing shall consist of Loans made on the same day by each of the Lender Groups ratably according to their respective Lender Group Percentages.
(c) Each Lender (or its related Managing Agent) shall maintain an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each Loan made by such Lender from time to time, including the outstanding principal balance of such Loans and the amount of Interest payable and paid to such Xxxxxx from time to time hereunder. The entries made in such accounts of the Lenders shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided, however, that the failure of any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans in accordance with the terms of this Agreement.
(d) On the Amortization Date, the Commitments of the Committed Lenders will terminate automatically without any action required on the part of any Person. The Aggregate Loan Principal Balance, together with all other Borrower Obligations, shall mature and be due and payable in full in cash on the Maturity Date.
Appears in 1 contract
The Loans. (a) On the terms and subject to the conditions hereof, on the Restatement Effective Date, and thereafter from time to time prior to the Termination Date, each Conduit Lender may in its sole discretion, and each Committed Lender shall, if the Conduit Lender in its related Lender Group elects not to, make Loans to the Borrower in an amount, for each Lender Group, equal to its Lender Group Percentage of the amount requested by the Borrower pursuant to Section 2.02; provided, that no Lender shall make any such Loan if, after giving effect to such Loan:
(i) in the case of a Conduit Lender, the aggregate outstanding Principal Balance of the Tranches funded by such Lender hereunder shall exceed its Conduit Lending Limit or, (in the case of a Conduit Lender) or Commitment (in the case of a Committed Lender, the Credit Exposure of such Lender hereunder shall exceed its Commitment);
(ii) the aggregate Credit Exposure Aggregate Principal Balance shall exceed the Facility Limit; or
(iii) the aggregate Credit Exposure Aggregate Principal Balance shall exceed the Borrowing Base. If there is more than one Committed Lender in a Lender Group, each such Committed Lender shall lend its Pro Rata Share of such Lender Group’s Lender Group Percentage of each requested Loan, to the extent such Loan is not made by the related Conduit Lender. Each Borrowing shall be in a minimum principal amount equal to not less than $1,000,000 and in integral multiples of $100,000 in excess thereof. Subject to the foregoing and to the limitations set forth in Section 2.05, the Borrower may borrow, prepay and reborrow the Loans hereunder.
Appears in 1 contract
Samples: Loan and Servicing Agreement (Newell Rubbermaid Inc)
The Loans. (a) On Subject to the terms and subject to the conditions hereof, each Lender severally agrees to make revolving credit loans (each, a "LOAN" and, collectively, the "LOANS") to the Borrowers on a joint and several basis from time to time prior to during the Termination Date, each Conduit Lender may in its sole discretion, and each Committed Lender shall, if the Conduit Lender in its related Lender Group elects not to, make Loans to the Borrower Commitment Period in an amount, for each Lender Group, equal to its Lender Group Percentage of the aggregate principal amount requested by the Borrower pursuant to Section 2.02at any one time outstanding not exceeding such Lender's Commitment; provided, however, that no Loan shall be made by any Lender shall make any such Loan hereunder if, after giving effect to such Loan:
thereto, (i) in the case of a Conduit such Lender, the aggregate outstanding Principal Balance of the Tranches funded by 's Exposure would exceed such Lender hereunder shall exceed its Conduit Lending Limit or, in the case of a Committed Lender, the Credit Exposure of such Lender hereunder shall exceed its Commitment;
's Commitment or (ii) the aggregate Credit Aggregate Exposure shall would exceed the Facility Limit; or
Aggregate Commitments or (iii) except as specified in Section 2.14, the aggregate Credit Aggregate Exposure shall would exceed the Borrowing Base. If there is more than one Committed Lender Base then in a Lender Group, each such Committed Lender shall lend its Pro Rata Share of such Lender Group’s Lender Group Percentage of each requested Loan, to the extent such Loan is not made by the related Conduit Lender. Each Borrowing shall be in a minimum principal amount equal to not less than $1,000,000 and in integral multiples of $100,000 in excess thereof. effect.
(b) Subject to the foregoing terms and conditions of this Agreement, during the Commitment Period the Borrowers may borrow from the Lenders pursuant to this Article 2, repay or prepay pursuant to Section 2.8 (subject to the limitations set forth in provisions of Section 2.05, the Borrower may borrow, prepay 3.5) and reborrow pursuant to this Article 2 up to the amount of the Aggregate Commitments then in effect by means of Base Rate Loans hereunderor LIBOR Loans; provided that no Loan shall be made hereunder as a LIBOR Loan after the day that is one month prior to the Commitment Termination Date.
Appears in 1 contract