Common use of The Revolving Credit Borrowings Clause in Contracts

The Revolving Credit Borrowings. (i) Each U.S. Revolving Credit Lender severally agrees to make loans denominated in Dollars (each such loan, a “U.S. Revolving Credit Loan”) to the Parent Borrower from time to time, on any Business Day during the period from the Fourth Restatement Effective Date until the Maturity Date, in an aggregate principal amount not to exceed at any time outstanding the amount of such Lender’s U.S. Revolving Credit Commitment; provided that after giving effect to any U.S. Revolving Credit Borrowing, the aggregate Outstanding Amount of the U.S. Revolving Credit Loans of any Lender, plus such Lender’s Pro Rata Share or other applicable share provided for under this Agreement of the Outstanding Amount of (x) all L/C Obligations and (y) all Swing Line Loans, shall not exceed such Lender’s U.S. Revolving Credit Commitment; (ii) Each Japanese Revolving Credit Lender severally agrees to make loans denominated in Dollars and/or Yen (each such loan, a “Japanese Revolving Credit Loan”) to the Parent Borrower and the Japanese Subsidiary Borrower from time to time, on any Business Day during the period from the Fourth Restatement Effective Date until the Maturity Date, in an aggregate principal amount not to exceed at any time outstanding the amount of such Lender’s Japanese Revolving Credit Commitment; provided that after giving effect to any Japanese Revolving Credit Borrowing, the aggregate Outstanding Amount of the Japanese Revolving Credit Loans of any Lender shall not exceed such Lender’s Japanese Revolving Credit Commitment; (iii) Each Swiss/Multicurrency Revolving Credit Lender severally agrees to make loans denominated in Dollars and/or Foreign Currencies (other than Yen) (each such loan, a “Swiss/Multicurrency Revolving Credit Loan”) to the Parent Borrower and the Swiss Subsidiary Borrower from time to time, on any Business Day during the period from the Fourth Restatement Effective Date until the Maturity Date, in an aggregate principal amount not to exceed at any time outstanding the amount of such Lender’s Swiss/Multicurrency Revolving Credit Commitment; provided that after giving effect to any Swiss/Multicurrency Revolving Credit Borrowing, the aggregate Outstanding Amount of the Swiss/Multicurrency Revolving Credit Loans of any Lender shall not exceed such Lender’s Swiss/Multicurrency Revolving Credit Commitment; and (iv) Within the limits of each Lender’s applicable Revolving Credit Commitment, and subject to the other terms and conditions hereof, the Borrowers may borrow under this Section 2.01(c), prepay under Section 2.05, and reborrow under this Section 2.01(c). The Revolving Credit Loans denominated in Dollars may be Base Rate Loans or Eurocurrency Rate Loans and the Revolving Credit Loans denominated in Foreign Currencies shall be Eurocurrency Rate Loans, in each case, as further provided herein.

Appears in 4 contracts

Samples: Credit Agreement (Iqvia Holdings Inc.), Credit Agreement (Quintiles IMS Holdings, Inc.), Credit Agreement (Quintiles IMS Holdings, Inc.)

AutoNDA by SimpleDocs

The Revolving Credit Borrowings. Subject to the terms and conditions set forth herein, (i) Each U.S. each Dollar Revolving Credit Lender severally agrees to make loans denominated in Dollars to the Borrower as elected by the Borrower pursuant to Section 2.02 (each such loan, a “U.S. Dollar Revolving Credit Loan”) to the Parent Borrower from time to time, on any Business Day during after the period from the Fourth Restatement Effective Closing Date until the Maturity Date (provided that each Dollar Revolving Credit Lender agrees to make loans denominated in Dollars in an aggregate amount not exceeding its Pro Rata Share of the Initial Revolving Borrowing, at the request of the Borrower, on the Closing Date), in an aggregate principal amount Dollar Amount not to exceed at any time outstanding the amount of such Lender’s U.S. Dollar Revolving Credit Commitment; provided that after giving effect to any U.S. Dollar Revolving Credit Borrowing, the aggregate Outstanding Amount of the U.S. Dollar Revolving Credit Loans of any Lender, plus such Lender’s Pro Rata Share or other applicable share provided for under this Agreement of the Outstanding Amount of (x) all Dollar L/C Obligations and (y) Obligations, plus such Lender’s Pro Rata Share of the Outstanding Amount of all Swing Line Loans, Loans shall not exceed such Lender’s U.S. Dollar Revolving Credit Commitment; ; and (ii) Each Japanese each Alternative Currency Revolving Credit Lender severally agrees to make loans denominated in Dollars and/or Yen or an Alternative Currency to the Borrower as elected by the Borrower pursuant to Section 2.02 (each such loan, a an Japanese Alternative Currency Revolving Credit Loan”) to the Parent Borrower and the Japanese Subsidiary Borrower from time to time, on any Business Day during after the period from the Fourth Restatement Effective Closing Date until the Maturity Date, in an aggregate principal amount Dollar Amount not to exceed at any time outstanding the amount of such Lender’s Japanese Alternative Currency Revolving Credit Commitment; provided that after giving effect to any Japanese Alternative Currency Revolving Credit Borrowing, the aggregate Outstanding Amount of the Japanese Alternative Currency Revolving Credit Loans of any Lender Lender, plus such Lender’s Pro Rata Share of the Outstanding Amount of all Alternative Currency L/C Obligations shall not exceed such Lender’s Japanese Alternative Currency Revolving Credit Commitment; (iii) Each Swiss/Multicurrency Revolving Credit Lender severally agrees to make loans denominated in Dollars and/or Foreign Currencies (other than Yen) (each such loan, a “Swiss/Multicurrency Revolving Credit Loan”) to the Parent Borrower and the Swiss Subsidiary Borrower from time to time, on any Business Day during the period from the Fourth Restatement Effective Date until the Maturity Date, in an aggregate principal amount not to exceed at any time outstanding the amount of such Lender’s Swiss/Multicurrency Revolving Credit Commitment; provided that after giving effect to any Swiss/Multicurrency Revolving Credit Borrowing, the aggregate Outstanding Amount of the Swiss/Multicurrency Revolving Credit Loans of any Lender shall not exceed such Lender’s Swiss/Multicurrency Revolving Credit Commitment; and (iv) . Within the limits of each Lender’s applicable Revolving Credit Commitment, and subject to the other terms and conditions hereof, the Borrowers Borrower may borrow under this Section 2.01(c2.01(b), prepay under Section 2.05, and reborrow under this Section 2.01(c2.01(b). The Dollar Revolving Credit Loans denominated in Dollars may be Base Rate Loans or Eurocurrency Rate Loans, as further provided herein, and Alternative Currency Revolving Credit Loans and the (other than Alternative Currency Revolving Credit Loans denominated in Foreign Currencies shall Dollars, which may be Base Rate Loans or Eurocurrency Rate Loans) must be Eurocurrency Rate Loans, in each case, as further provided herein.

Appears in 4 contracts

Samples: Credit Agreement (Avaya Inc), Credit Agreement (Avaya Inc), Credit Agreement (Avaya Inc)

The Revolving Credit Borrowings. Subject to the terms and conditions set forth herein (i) Each U.S. each Dollar Revolving Credit Lender severally agrees to make loans denominated in Dollars to the Borrower as elected by the Borrower pursuant to Section 2.02 (each such loan, a “U.S. Dollar Revolving Credit Loan”) to the Parent Borrower from time to time, on any Business Day during after the period from the Fourth Restatement Effective Closing Date until the Maturity Date, in an aggregate principal amount Dollar Amount not to exceed at any time outstanding the amount of such Lender’s U.S. Dollar Revolving Credit Commitment; provided that after giving effect to any U.S. Dollar Revolving Credit Borrowing, the aggregate Outstanding Amount of the U.S. Dollar Revolving Credit Loans of any Lender, plus such Lender’s Pro Rata Share or other applicable share provided for under this Agreement of the Outstanding Amount of (x) all Dollar L/C Obligations and (y) Obligations, plus such Lender’s Pro Rata Share of the Outstanding Amount of all Swing Line Loans, Loans shall not exceed such Lender’s U.S. Dollar Revolving Credit Commitment; ; and (ii) Each Japanese each Alternative Currency Revolving Credit Lender severally agrees to make loans denominated in Dollars and/or Yen an Alternative Currency to the Borrower as elected by the Borrower pursuant to Section 2.02 (each such loan, a an Japanese Alternative Currency Revolving Credit Loan”) to the Parent Borrower and the Japanese Subsidiary Borrower from time to time, on any Business Day during the period from the Fourth Restatement Effective Date until the Maturity Date, in an aggregate principal amount Dollar Amount not to exceed at any time outstanding the amount of such Lender’s Japanese Alternative Currency Revolving Credit Commitment; provided that after giving effect to any Japanese Alternative Currency Revolving Credit Borrowing, the aggregate Outstanding Amount of the Japanese Alternative Currency Revolving Credit Loans of any Lender Lender, plus such Lender’s Pro Rata Share of the Outstanding Amount of all Alternative Currency L/C Obligations shall not exceed such Lender’s Japanese Alternative Currency Revolving Credit Commitment; (iii) Each Swiss/Multicurrency Revolving Credit Lender severally agrees to make loans denominated in Dollars and/or Foreign Currencies (other than Yen) (each such loan, a “Swiss/Multicurrency Revolving Credit Loan”) to the Parent Borrower and the Swiss Subsidiary Borrower from time to time, on any Business Day during the period from the Fourth Restatement Effective Date until the Maturity Date, in an aggregate principal amount not to exceed at any time outstanding the amount of such Lender’s Swiss/Multicurrency Revolving Credit Commitment; provided that after giving effect to any Swiss/Multicurrency Revolving Credit Borrowing, the aggregate Outstanding Amount of the Swiss/Multicurrency Revolving Credit Loans of any Lender shall not exceed such Lender’s Swiss/Multicurrency Revolving Credit Commitment; and (iv) . Within the limits of each Lender’s applicable Revolving Credit Commitment, and subject to the other terms and conditions hereof, the Borrowers Borrower may borrow under this Section 2.01(c2.01(b), prepay under Section 2.05, and reborrow under this Section 2.01(c2.01(b). The Dollar Revolving Credit Loans denominated in Dollars may be Base Rate Loans or Eurocurrency Rate Loans, as further provided herein, and Alternative Currency Revolving Credit Loans and the (other than Alternative Currency Revolving Credit Loans denominated in Foreign Currencies shall Dollars which may be Base Rate Loans or Eurocurrency Rate Loans) must be Eurocurrency Rate Loans, in each case, as further provided herein.

Appears in 3 contracts

Samples: Credit Agreement (Freescale Semiconductor, Ltd.), Credit Agreement (Freescale Semiconductor Holdings I, Ltd.), Credit Agreement (Freescale Semiconductor Holdings I, Ltd.)

The Revolving Credit Borrowings. Subject to the terms and conditions set forth herein (i) Each U.S. each Tranche A Revolving Credit Lender severally agrees to make loans Tranche A Revolving Credit Loans denominated in Dollars or Euros as elected by either U.S. Borrower or the Dutch Borrower pursuant to Section 2.02 to such Borrower from its applicable Lending Office (each such loan, a “U.S. Tranche A Revolving Credit Loan”) to the Parent Borrower from time to time, on any Business Day during the period from the Fourth Restatement Effective Date until the Maturity Date, in an aggregate principal amount Dollar Amount not to exceed at any time outstanding the amount of such Lender’s U.S. Tranche A Revolving Credit Commitment; provided that after giving effect to any U.S. Tranche A Revolving Credit Borrowing, the aggregate Outstanding Amount of the U.S. Tranche A Revolving Credit Loans of any Lender, plus such Lender’s Pro Rata Share or other applicable share provided for under this Agreement of the Outstanding Amount of (x) all L/C Obligations and (y) Obligations, plus such Lender’s Pro Rata Share of the Outstanding Amount of all Swing Line Loans, Loans shall not exceed such Lender’s U.S. Tranche A Revolving Credit Commitment; , (ii) Each Japanese each Tranche B Revolving Credit Lender severally agrees to make loans Tranche B Revolving Credit Loans denominated in Dollars and/or Yen as elected by either U.S. Borrower or the Dutch Borrower pursuant to Section 2.02 to such Borrower from its applicable Lending Office (each such loan, a “Japanese Tranche B Revolving Credit Loan”) to the Parent Borrower and the Japanese Subsidiary Borrower from time to time, on any Business Day during the period from the Fourth Restatement Effective Date until the Maturity Date, in an aggregate principal amount Dollar Amount not to exceed at any time outstanding the amount of such Lender’s Japanese Tranche B Revolving Credit Commitment; provided that after giving effect to any Japanese Revolving Credit Borrowing, the aggregate Outstanding Amount of the Japanese Revolving Credit Loans of any Lender shall not exceed such Lender’s Japanese Revolving Credit Commitment; (iii) Each Swiss/Multicurrency each Tranche C Revolving Credit Lender severally agrees to make loans Tranche C Revolving Credit Loans denominated in Dollars and/or Foreign Currencies (other than Yen) Dollars, Euros or Mexican Pesos as elected by either U.S. Borrower or the Dutch Borrower pursuant to Section 2.02 to such Borrower from its applicable Lending Office (each such loan, a “Swiss/Multicurrency Tranche C Revolving Credit Loan”) to the Parent Borrower and the Swiss Subsidiary Borrower from time to time, on any Business Day during the period from the Fourth Restatement Effective Date until the Maturity Date, in an aggregate principal amount Dollar Amount not to exceed at any time outstanding the amount of such Lender’s Swiss/Multicurrency Tranche C Revolving Credit Commitment; provided that after giving effect to any Swiss/Multicurrency , (iv) each Tranche D Revolving Credit Borrowing, the aggregate Outstanding Amount of the Swiss/Multicurrency Lender severally agrees to make Tranche D Revolving Credit Loans denominated in Dollars, Euros or Sterling as elected by either U.S. Borrower or the Dutch Borrower pursuant to Section 2.02 to such Borrower from its applicable Lending Office (each such loan, a “Tranche D Revolving Credit Loan”) from time to time, on any Business Day until the Maturity Date, in an aggregate Dollar Amount not to exceed at any time outstanding the amount of any Lender shall not exceed such Lender’s Swiss/Multicurrency Tranche D Revolving Credit Commitment; , (v) each Tranche E Revolving Credit Lender severally agrees to make Tranche E Revolving Credit Loans denominated in Dollars, Euros or Australian Dollars as elected by either U.S. Borrower or the Dutch Borrower pursuant to Section 2.02 to such Borrower from its applicable Lending Office (each such loan, a “Tranche E Revolving Credit Loan”) from time to time, on any Business Day until the Maturity Date, in an aggregate Dollar Amount not to exceed at any time outstanding the amount of such Lender’s Tranche E Revolving Credit Commitment, (vi) each Tranche F Revolving Credit Lender severally agrees to make Tranche F Revolving Credit Loans denominated in Dollars, Euros or Japanese Yen as elected by either U.S. Borrower or the Dutch Borrower pursuant to Section 2.02 to such Borrower from its applicable Lending Office (each such loan, a “Tranche F Revolving Credit Loan”) from time to time, on any Business Day until the Maturity Date, in an aggregate Dollar Amount not to exceed at any time outstanding the amount of such Lender’s Tranche F Revolving Credit Commitment, (vii) each Tranche G Revolving Credit Lender severally agrees to make Tranche G Revolving Credit Loans denominated in Dollars, Euros or Hong Kong Dollars as elected by either U.S. Borrower or the Dutch Borrower pursuant to Section 2.02 to such Borrower from its applicable Lending Office (each such loan, a “Tranche G Revolving Credit Loan”) from time to time, on any Business Day until the Maturity Date, in an aggregate Dollar Amount not to exceed at any time outstanding the amount of such Lender’s Tranche G Revolving Credit Commitment and (viii) each Tranche H Revolving Credit Lender severally agrees to make Tranche H Revolving Credit Loans denominated in Dollars, Euros or Canadian Dollars as elected by either U.S. Borrower or the Dutch Borrower pursuant to Section 2.02 to such Borrower from its applicable Lending Office (each such loan, a “Tranche H Revolving Credit Loan” and (iv, together with the Tranche A Revolving Credit Loans, Tranche B Revolving Credit Loans, Tranche C Revolving Credit Loans, Tranche D Revolving Credit Loans, Tranche E Revolving Credit Loans, Tranche F Revolving Credit Loans and Tranche G Revolving Credit Loans, the “Revolving Credit Loans”) from time to time, on any Business Day until the Maturity Date, in an aggregate Dollar Amount not to exceed at any time outstanding the amount of such Lender’s Tranche H Revolving Credit Commitment. Within the limits of each Lender’s applicable Revolving Credit CommitmentCommitments, and subject to the other terms and conditions hereof, the Borrowers each Borrower may borrow under this Section 2.01(c), prepay under Section 2.05, and reborrow under this Section 2.01(c). The Revolving Credit Loans denominated in Dollars may be Base Rate Loans or Eurocurrency Rate Loans Loans, as further provided herein, and the Revolving Credit Loans denominated in Foreign Alternative Currencies shall must be Eurocurrency Rate Loans, in each case, as further provided herein.

Appears in 3 contracts

Samples: Credit Agreement (Nielsen Holdings B.V.), Credit Agreement (Nielsen Holdings B.V.), Credit Agreement (Global Media USA, LLC)

The Revolving Credit Borrowings. Subject to the terms and conditions set forth herein, (i) Each U.S. each Multicurrency Revolving Credit Lender severally agrees to make loans denominated in Dollars (each such loan, a “U.S. Multicurrency Revolving Credit Loan”) to the Parent Borrower in Dollars or in one or more Alternative Currencies from time to time, on any Business Day during the period from Availability Period for the Fourth Restatement Effective Date until the Maturity DateMulticurrency Revolving Credit Facility, in an aggregate principal amount not to exceed at any time outstanding the amount of such Lender’s U.S. Multicurrency Revolving Credit Commitment; provided that after giving effect to any U.S. Revolving Credit Borrowing, the aggregate Outstanding Amount of the U.S. Revolving Credit Loans of any Lender, plus such Lender’s Pro Rata Share or other applicable share provided for under this Agreement of the Outstanding Amount of (x) all L/C Obligations Commitment and (y) all Swing Line Loans, shall not exceed such Lender’s U.S. Revolving Credit Commitment; (ii) Each Japanese each US Dollar Revolving Credit Lender severally agrees to make loans denominated in Dollars and/or Yen (each such loan, a “Japanese US Dollar Revolving Credit Loan” and, together with the Multicurrency Revolving Credit Loans, the “Revolving Credit Loans”) to the Parent Borrower and the Japanese Subsidiary Borrower in Dollars from time to time, on any Business Day during the period from Availability Period for the Fourth Restatement Effective Date until the Maturity DateUS Dollar Revolving Credit Facility, in an aggregate principal amount not to exceed at any time outstanding the amount of such Lender’s Japanese US Dollar Revolving Credit Commitment; provided provided, however, that after giving effect to any Japanese Revolving Credit Borrowing, (i) the Total Revolving Credit Outstandings shall not exceed the Revolving Credit Facility, (ii) the aggregate Outstanding Amount of the Japanese Multicurrency Revolving Credit Loans of any Lender Multicurrency Revolving Credit Lender, plus such Multicurrency Revolving Credit Lender’s Applicable Revolving Credit Percentage of the Outstanding Amount of all L/C Obligations, plus such Multicurrency Revolving Credit Lender’s Applicable Revolving Credit Percentage of the Outstanding Amount of all Swing Line Loans shall not exceed such Lender’s Japanese Revolving Credit Commitment; (iii) Each Swiss/Multicurrency Revolving Credit Lender severally agrees to make loans denominated in Dollars and/or Foreign Currencies (other than Yen) (each such loan, a “Swiss/Multicurrency Revolving Credit Loan”) to the Parent Borrower and the Swiss Subsidiary Borrower from time to time, on any Business Day during the period from the Fourth Restatement Effective Date until the Maturity Date, in an aggregate principal amount not to exceed at any time outstanding the amount of such Lender’s Swiss/Multicurrency Revolving Credit Commitment; provided that after giving effect to any Swiss/Multicurrency Revolving Credit Borrowing, (iii) the aggregate Outstanding Amount of the Swiss/Multicurrency US Dollar Revolving Credit Loans of any US Dollar Revolving Credit Lender shall not exceed such US Dollar Revolving Credit Lender’s Swiss/Multicurrency US Dollar Revolving Credit Commitment; and Commitment and (iv) the Total Revolving Credit Outstandings denominated in Alternative Currencies shall not exceed the Alternative Currency Sublimit. Within the limits of each Revolving Credit Lender’s applicable Revolving Credit Commitment, and subject to the other terms and conditions hereof, the Borrowers Borrower may borrow under this Section 2.01(c2.01(b), prepay under Section 2.05, and reborrow under this Section 2.01(c2.01(b). The Revolving Credit Loans denominated in Dollars may be Base Rate Loans or Eurocurrency Rate Loans and the Revolving Credit Loans denominated in Foreign Currencies shall be Eurocurrency Rate Loans, in each case, all as further provided herein.

Appears in 2 contracts

Samples: Credit Agreement (Kinetic Concepts Inc /Tx/), Credit Agreement (Kinetic Concepts Inc)

The Revolving Credit Borrowings. (i) Each U.S. Revolving Credit Lender severally agrees to make loans denominated in Dollars (each such loan, a “U.S. Revolving Credit Loan”) to the Parent Borrower and the U.S. Borrower from time to time, on any Business Day during the period from the Fourth Restatement Effective Date until the Maturity Date, in an aggregate principal amount not to exceed at any time outstanding the amount of such Lender’s U.S. Revolving Credit Commitment; provided that after giving effect to any U.S. Revolving Credit Borrowing, the aggregate Outstanding Amount of the U.S. Revolving Credit Loans of any Lender, plus such Lender’s Pro Rata Share or other applicable share provided for under this Agreement of the Outstanding Amount of (x) all L/C Obligations and (y) all Swing Line Loans, shall not exceed such Lender’s U.S. Revolving Credit Commitment; (ii) Each Japanese Revolving Credit Lender severally agrees to make loans denominated in Dollars and/or Yen (each such loan, a “Japanese Revolving Credit Loan”) to the Parent Borrower, the U.S. Borrower and the Japanese Subsidiary Borrower from time to time, on any Business Day during the period from the Fourth Restatement Effective Date until the Maturity Date, in an aggregate principal amount not to exceed at any time outstanding the amount of such Lender’s Japanese Revolving Credit Commitment; provided that after giving effect to any Japanese Revolving Credit Borrowing, the aggregate Outstanding Amount of the Japanese Revolving Credit Loans of any Lender shall not exceed such Lender’s Japanese Revolving Credit Commitment; (iii) Each Swiss/Multicurrency Revolving Credit Lender severally agrees to make loans denominated in Dollars and/or Foreign Currencies (other than Yen) (each such loan, a “Swiss/Multicurrency Revolving Credit Loan”) to the Parent Borrower, the U.S. Borrower and the Swiss Subsidiary Borrower from time to time, on any Business Day during the period from the Fourth Restatement Effective Date until the Maturity Date, in an aggregate principal amount not to exceed at any time outstanding the amount of such Lender’s Swiss/Multicurrency Revolving Credit Commitment; provided that after giving effect to any Swiss/Multicurrency Revolving Credit Borrowing, the aggregate Outstanding Amount of the Swiss/Multicurrency Revolving Credit Loans of any Lender shall not exceed such Lender’s Swiss/Multicurrency Revolving Credit Commitment; and (iv) Within the limits of each Lender’s applicable Revolving Credit Commitment, and subject to the other terms and conditions hereof, the Borrowers may borrow under this Section 2.01(c), prepay under Section 2.05, and reborrow under this Section 2.01(c). The Revolving Credit Loans denominated in Dollars may be Base Rate Loans or Eurocurrency Rate Loans and the Revolving Credit Loans denominated in Foreign Currencies shall be Eurocurrency Rate Loans, in each case, as further provided herein.

Appears in 2 contracts

Samples: Credit Agreement (Iqvia Holdings Inc.), Credit Agreement (Iqvia Holdings Inc.)

The Revolving Credit Borrowings. Subject to the terms and conditions set forth herein (i) Each U.S. each Tranche A Revolving Credit Lender severally agrees to make loans Tranche A Revolving Credit Loans denominated in Dollars or Euros as elected by either U.S. Borrower or the Dutch Borrower pursuant to Section 2.02 to such Borrower from its applicable Lending Office (each such loan, a “U.S. Tranche A Revolving Credit Loan”) to the Parent Borrower from time to time, on any Business Day during the period from the Fourth Restatement Effective Date until the Maturity DateDate for the Revolving Credit Facility, in an aggregate principal amount Dollar Amount not to exceed at any time outstanding the amount of such Lender’s U.S. Tranche A Revolving Credit Commitment; provided that after giving effect to any U.S. Tranche A Revolving Credit Borrowing, the aggregate Outstanding Amount of the U.S. Tranche A Revolving Credit Loans of any Lender, plus such Lender’s Pro Rata Share or other applicable share provided for under this Agreement of the Outstanding Amount of (x) all L/C Obligations and (y) Obligations, plus such Lender’s Pro Rata Share of the Outstanding Amount of all Swing Line Loans, Loans shall not exceed such Lender’s U.S. Tranche A Revolving Credit Commitment; , (ii) Each Japanese each Tranche B Revolving Credit Lender severally agrees to make loans Tranche B Revolving Credit Loans denominated in Dollars and/or Yen as elected by either U.S. Borrower or the Dutch Borrower pursuant to Section 2.02 to such Borrower from its applicable Lending Office (each such loan, a “Japanese Tranche B Revolving Credit Loan”) to the Parent Borrower and the Japanese Subsidiary Borrower from time to time, on any Business Day during the period from the Fourth Restatement Effective Date until the Maturity DateDate for the Revolving Credit Facility, in an aggregate principal amount Dollar Amount not to exceed at any time outstanding the amount of such Lender’s Japanese Tranche B Revolving Credit Commitment; provided that after giving effect to any Japanese Revolving Credit Borrowing, the aggregate Outstanding Amount of the Japanese Revolving Credit Loans of any Lender shall not exceed such Lender’s Japanese Revolving Credit Commitment; (iii) Each Swiss/Multicurrency each Tranche C Revolving Credit Lender severally agrees to make loans Tranche C Revolving Credit Loans denominated in Dollars and/or Foreign Currencies (other than Yen) Dollars, Euros or Mexican Pesos as elected by either U.S. Borrower or the Dutch Borrower pursuant to Section 2.02 to such Borrower from its applicable Lending Office (each such loan, a “Swiss/Multicurrency Tranche C Revolving Credit Loan”) to the Parent Borrower and the Swiss Subsidiary Borrower from time to time, on any Business Day during the period from the Fourth Restatement Effective Date until the Maturity DateDate for the Revolving Credit Facility, in an aggregate principal amount Dollar Amount not to exceed at any time outstanding the amount of such Lender’s Swiss/Multicurrency Tranche C Revolving Credit Commitment; provided that after giving effect to any Swiss/Multicurrency , (iv) each Tranche D Revolving Credit Borrowing, the aggregate Outstanding Amount of the Swiss/Multicurrency Lender severally agrees to make Tranche D Revolving Credit Loans denominated in Dollars, Euros or Sterling as elected by either U.S. Borrower or the Dutch Borrower pursuant to Section 2.02 to such Borrower from its applicable Lending Office (each such loan, a “Tranche D Revolving Credit Loan”) from time to time, on any Business Day until the Maturity Date for the Revolving Credit Facility, in an aggregate Dollar Amount not to exceed at any time outstanding the amount of any Lender shall not exceed such Lender’s Swiss/Multicurrency Tranche D Revolving Credit Commitment; , (v) each Tranche E Revolving Credit Lender severally agrees to make Tranche E Revolving Credit Loans denominated in Dollars, Euros or Australian Dollars as elected by either U.S. Borrower or the Dutch Borrower pursuant to Section 2.02 to such Borrower from its applicable Lending Office (each such loan, a “Tranche E Revolving Credit Loan”) from time to time, on any Business Day until the Maturity Date for the Revolving Credit Facility, in an aggregate Dollar Amount not to exceed at any time outstanding the amount of such Lender’s Tranche E Revolving Credit Commitment, (vi) each Tranche F Revolving Credit Lender severally agrees to make Tranche F Revolving Credit Loans denominated in Dollars, Euros or Japanese Yen as elected by either U.S. Borrower or the Dutch Borrower pursuant to Section 2.02 to such Borrower from its applicable Lending Office (each such loan, a “Tranche F Revolving Credit Loan”) from time to time, on any Business Day until the Maturity Date for the Revolving Credit Facility, in an aggregate Dollar Amount not to exceed at any time outstanding the amount of such Lender’s Tranche F Revolving Credit Commitment, (vii) each Tranche G Revolving Credit Lender severally agrees to make Tranche G Revolving Credit Loans denominated in Dollars, Euros or Hong Kong Dollars as elected by either U.S. Borrower or the Dutch Borrower pursuant to Section 2.02 to such Borrower from its applicable Lending Office (each such loan, a “Tranche G Revolving Credit Loan”) from time to time, on any Business Day until the Maturity Date for the Revolving Credit Facility, in an aggregate Dollar Amount not to exceed at any time outstanding the amount of such Lender’s Tranche G Revolving Credit Commitment and (viii) each Tranche H Revolving Credit Lender severally agrees to make Tranche H Revolving Credit Loans denominated in Dollars, Euros or Canadian Dollars as elected by either U.S. Borrower or the Dutch Borrower pursuant to Section 2.02 to such Borrower from its applicable Lending Office (each such loan, a “Tranche H Revolving Credit Loan” and (iv, together with the Tranche A Revolving Credit Loans, Tranche B Revolving Credit Loans, Tranche C Revolving Credit Loans, Tranche D Revolving Credit Loans, Tranche E Revolving Credit Loans, Tranche F Revolving Credit Loans and Tranche G Revolving Credit Loans, the “Revolving Credit Loans”) from time to time, on any Business Day until the Maturity Date for the Revolving Credit Facility, in an aggregate Dollar Amount not to exceed at any time outstanding the amount of such Lender’s Tranche H Revolving Credit Commitment. Within the limits of each Lender’s applicable Revolving Credit CommitmentCommitments, and subject to the other terms and conditions hereof, the Borrowers each Borrower may borrow under this Section 2.01(c), prepay under Section 2.05, and reborrow under this Section 2.01(c). The Revolving Credit Loans denominated in Dollars may be Base Rate Loans or Eurocurrency Rate Loans Loans, as further provided herein, and the Revolving Credit Loans denominated in Foreign Alternative Currencies shall must be Eurocurrency Rate Loans, in each case, as further provided herein.

Appears in 2 contracts

Samples: Credit Agreement (Nielsen Holdings B.V.), Credit Agreement (Nielsen CO B.V.)

The Revolving Credit Borrowings. Subject to the terms and conditions set forth herein, (i) Each each U.S. Revolving Credit Lender severally agrees to make loans denominated in Dollars (each such loan, a “U.S. Revolving Credit Loan”) to the Parent Borrower Borrowers in Dollars, from time to time, time on any Business Day during the period from the Fourth Restatement Effective Date until the Maturity DateAvailability Period, in an aggregate principal amount not to exceed at any time outstanding the amount of such U.S. Revolving Credit Lender’s U.S. Revolving Credit Commitment; and (ii) each Global Revolving Credit Lender severally agrees to make loans (each such loan, a “Global Revolving Credit Loan”) to the Borrowers in Dollars or in one or more Alternative Currencies, from time to time on any Business Day during the Availability Period, in an aggregate amount not to exceed at any time outstanding the amount of such Global Revolving Credit Lender’s Global Revolving Credit Commitment; provided that that, after giving effect to any Revolving Credit Borrowing: (A) (1) the Total U.S. Revolving Credit Borrowing, Outstandings shall not exceed the U.S. Revolving Credit Facility and (2) the Total Global Revolving Credit Outstandings shall not exceed the Global Revolving Credit Facility; (B) (1) the aggregate Outstanding Amount of the U.S. Revolving Credit Loans of any U.S. Revolving Credit Lender, plus such U.S. Revolving Credit Lender’s Pro Rata Share or other applicable share provided for under this Agreement Applicable Percentage of the Outstanding Amount of (x) all L/C Obligations and (y) all Swing Line Loans, Loans shall not exceed such U.S. Revolving Credit Lender’s U.S. Revolving Credit Commitment; ; and (ii2) Each Japanese Revolving Credit Lender severally agrees to make loans denominated in Dollars and/or Yen (each such loan, a “Japanese Revolving Credit Loan”) to the Parent Borrower and the Japanese Subsidiary Borrower from time to time, on any Business Day during the period from the Fourth Restatement Effective Date until the Maturity Date, in an aggregate principal amount not to exceed at any time outstanding the amount of such Lender’s Japanese Revolving Credit Commitment; provided that after giving effect to any Japanese Revolving Credit Borrowing, the aggregate Outstanding Amount of the Japanese Global Revolving Credit Loans of any Lender Global Revolving Credit Lender, plus such Global Revolving Credit Lender’s Applicable Percentage of the Outstanding Amount of all L/C Obligations shall not exceed such Global Revolving Credit Lender’s Japanese Revolving Credit Commitment; (iii) Each Swiss/Multicurrency Revolving Credit Lender severally agrees to make loans denominated in Dollars and/or Foreign Currencies (other than Yen) (each such loan, a “Swiss/Multicurrency Revolving Credit Loan”) to the Parent Borrower and the Swiss Subsidiary Borrower from time to time, on any Business Day during the period from the Fourth Restatement Effective Date until the Maturity Date, in an aggregate principal amount not to exceed at any time outstanding the amount of such Lender’s Swiss/Multicurrency Revolving Credit Commitment; provided that after giving effect to any Swiss/Multicurrency Revolving Credit Borrowing, the aggregate Outstanding Amount of the Swiss/Multicurrency Revolving Credit Loans of any Lender shall not exceed such Lender’s Swiss/Multicurrency Global Revolving Credit Commitment; and (ivC) the aggregate Outstanding Amount of all Revolving Credit Loans made to the Designated Borrowers shall not exceed the Designated Borrower Sublimit. Within the limits of each Revolving Credit Lender’s applicable Revolving Credit Commitment, and subject to the other terms and conditions hereof, the Borrowers may borrow under this Section 2.01(c2.01(b), prepay under Section 2.05, and reborrow under this Section 2.01(c2.01(b). The Revolving Credit Loans denominated in Dollars may be Base Rate Loans or Eurocurrency Rate Loans and the Revolving Credit Loans denominated in Foreign Currencies shall be Eurocurrency Eurodollar Rate Loans, in each case, as further provided herein.

Appears in 2 contracts

Samples: Credit Agreement (Greif Inc), Credit Agreement (Greif Inc)

The Revolving Credit Borrowings. Subject to the terms and conditions set forth herein, (i) Each U.S. each Dollar Revolving Credit Lender severally agrees to make loans denominated in Dollars to the Borrower as elected by the Borrower pursuant to Section 2.02 (each such loan, a “U.S. Dollar Revolving Credit Loan”) to the Parent Borrower from time to time, on any Business Day during after the period from the Fourth Restatement Effective Closing Date until the Maturity Date (provided that each Dollar Revolving Credit Lender agrees to make loans denominated in Dollars in an aggregate amount not exceeding its Pro Rata Share of the Initial Revolving Borrowing, at the request of the Borrower, on the Closing Date), in an aggregate principal amount Dollar Amount not to exceed at any time outstanding the amount of such Lender’s U.S. Dollar Revolving Credit Commitment; provided that after giving effect to any U.S. Dollar Revolving Credit Borrowing, the aggregate Outstanding Amount of the U.S. Dollar Revolving Credit Loans of any Lender, plus such Lender’s Pro Rata Share or other applicable share provided for under this Agreement of the Outstanding Amount of (x) all Dollar L/C Obligations and (y) Obligations, plus such Lender’s Pro Rata Share of the Outstanding Amount of all Swing Line Loans, Loans shall not exceed such Lender’s U.S. Dollar Revolving Credit Commitment; ; and (ii) Each Japanese each Alternative Currency Revolving Credit Lender severally agrees to make loans denominated in Dollars and/or Yen or an Alternative Currency to the Borrower as elected by the Borrower pursuant to Section 2.02 (each such loan, a an Japanese Alternative Currency Revolving Credit Loan”) to the Parent Borrower and the Japanese Subsidiary Borrower from time to time, on any Business Day during the period from the Fourth Restatement Effective Date until the Maturity Date, in an aggregate principal amount Dollar Amount not to exceed at any time outstanding the amount of such Lender’s Japanese Alternative Currency Revolving Credit Commitment; provided that after giving effect to any Japanese Alternative Currency Revolving Credit Borrowing, the aggregate Outstanding Amount of the Japanese Alternative Currency Revolving Credit Loans of any Lender Lender, plus such Lender’s Pro Rata Share of the Outstanding Amount of all Alternative Currency L/C Obligations shall not exceed such Lender’s Japanese Alternative Currency Revolving Credit Commitment; (iii) Each Swiss/Multicurrency Revolving Credit Lender severally agrees to make loans denominated in Dollars and/or Foreign Currencies (other than Yen) (each such loan, a “Swiss/Multicurrency Revolving Credit Loan”) to the Parent Borrower and the Swiss Subsidiary Borrower from time to time, on any Business Day during the period from the Fourth Restatement Effective Date until the Maturity Date, in an aggregate principal amount not to exceed at any time outstanding the amount of such Lender’s Swiss/Multicurrency Revolving Credit Commitment; provided that after giving effect to any Swiss/Multicurrency Revolving Credit Borrowing, the aggregate Outstanding Amount of the Swiss/Multicurrency Revolving Credit Loans of any Lender shall not exceed such Lender’s Swiss/Multicurrency Revolving Credit Commitment; and (iv) . Within the limits of each Lender’s applicable Revolving Credit Commitment, and subject to the other terms and conditions hereof, the Borrowers Borrower may borrow under this Section 2.01(c2.01(b), prepay under Section 2.05, 2.05 and reborrow under this Section 2.01(c2.01(b). The Dollar Revolving Credit Loans denominated in Dollars may be Base Rate Loans or Eurocurrency Rate Loans, as further provided herein, and Alternative Currency Revolving Credit Loans and the (other than Alternative Currency Revolving Credit Loans denominated in Foreign Currencies shall Dollars which may be Base Rate Loans or Eurocurrency Rate Loans) must be Eurocurrency Rate Loans, in each case, as further provided herein.

Appears in 2 contracts

Samples: Credit Agreement (LVB Acquisition, Inc.), Credit Agreement (Biolectron, Inc.)

The Revolving Credit Borrowings. Subject to the terms and conditions set forth herein, (i) Each U.S. each Dollar Revolving Credit Lender severally agrees to make loans denominated in Dollars to the Parent Borrower as elected by the Parent Borrower pursuant to Section 2.02 (each such loan, a “U.S. Dollar Revolving Credit Loan”) to the Parent Borrower from time to time, on any Business Day during after the period from the Fourth Restatement Effective Closing Date until the Maturity Date (provided that each Dollar Revolving Credit Lender agrees to make loans denominated in Dollars in an aggregate amount not exceeding its Pro Rata Share of the Initial Revolving Borrowing on the Closing Date), in an aggregate principal amount Dollar Amount not to exceed at any time outstanding the amount of such Lender’s U.S. Dollar Revolving Credit Commitment; provided that after giving effect to any U.S. Dollar Revolving Credit Borrowing, the aggregate Outstanding Amount of the U.S. Dollar Revolving Credit Loans of any Lender, plus such Lender’s Pro Rata Share or other applicable share provided for under this Agreement of the Outstanding Amount of (x) all Dollar L/C Obligations and (y) Obligations, plus such Lender’s Pro Rata Share of the Outstanding Amount of all Swing Line Loans, Loans shall not exceed such Lender’s U.S. Dollar Revolving Credit Commitment; ; and (ii) Each Japanese each Alternative Currency Revolving Credit Lender severally agrees to make loans denominated in Dollars and/or Yen (each such loan, a “Japanese Revolving Credit Loan”) or an Alternative Currency to the Parent Borrower and the Japanese Foreign Subsidiary Revolving Borrowers as elected by the relevant Borrower pursuant to Section 2.02 (each such loan, an “Alternative Currency Revolving Credit Loan”) from time to time, on any Business Day during after the period from the Fourth Restatement Effective Closing Date until the Maturity Date, in an aggregate principal amount Dollar Amount not to exceed at any time outstanding the amount of such Lender’s Japanese Alternative Currency Revolving Credit Commitment; provided that after giving effect to any Japanese Alternative Currency Revolving Credit Borrowing, the aggregate Outstanding Amount of the Japanese Alternative Currency Revolving Credit Loans of any Lender Lender, plus such Lender’s Pro Rata Share of the Outstanding Amount of all Alternative Currency L/C Obligations shall not exceed such Lender’s Japanese Alternative Currency Revolving Credit Commitment; (iii) Each Swiss/Multicurrency Revolving Credit Lender severally agrees to make loans denominated in Dollars and/or Foreign Currencies (other than Yen) (each such loan, a “Swiss/Multicurrency Revolving Credit Loan”) to the Parent Borrower and the Swiss Subsidiary Borrower from time to time, on any Business Day during the period from the Fourth Restatement Effective Date until the Maturity Date, in an aggregate principal amount not to exceed at any time outstanding the amount of such Lender’s Swiss/Multicurrency Revolving Credit Commitment; provided that after giving effect to any Swiss/Multicurrency Revolving Credit Borrowing, the aggregate Outstanding Amount of the Swiss/Multicurrency Revolving Credit Loans of any Lender shall not exceed such Lender’s Swiss/Multicurrency Revolving Credit Commitment; and (iv) . Within the limits of each Lender’s applicable Revolving Credit Commitment, and subject to the other terms and conditions hereof, the Borrowers may borrow under this Section 2.01(c2.01(b), prepay under Section 2.05, and reborrow under this Section 2.01(c2.01(b). The Dollar Revolving Credit Loans denominated in Dollars may be Base Rate Loans or Eurocurrency Rate Loans, as further provided herein, and Alternative Currency Revolving Credit Loans and the (other than Alternative Currency Revolving Credit Loans denominated in Foreign Currencies shall Dollars, which may be Base Rate Loans or Eurocurrency Rate Loans) must be Eurocurrency Rate Loans, in each case, as further provided herein.

Appears in 2 contracts

Samples: Credit Agreement (Clear Channel Communications Inc), Credit Agreement (C C Media Holdings Inc)

The Revolving Credit Borrowings. Subject to the terms and conditions set forth herein, (ix) Each U.S. each 2019 Revolving Credit Lender severally agrees to make loans 2019 Revolving Credit Loans to the Borrower denominated in Dollars (each such loanDollars, a “U.S. Revolving Credit Loan”) to the Parent Borrower Euros, Sterling or an Alternative Currency from time to time, on any Business Day during the period from the Fourth Restatement Effective Date until the Maturity DateDate applicable to the 2019 Revolving Credit Loans, in an aggregate principal amount not to exceed at any time outstanding the amount of such 2019 Revolving Credit Lender’s U.S. 2019 Revolving Credit Commitment and (y) each 2022 Revolving Credit Lender severally agrees to make 2022 Revolving Credit Loans to the Borrower denominated in Dollars, Euros, Sterling or an Alternative Currency from time to time, on any Business Day until the Maturity Date applicable to the 2022 Revolving Credit Loans, in an aggregate amount not to exceed at any time outstanding the amount of such 2022 Revolving Credit Lender’s 2022 Revolving Credit Commitment; provided provided, however, that after giving effect to any U.S. Revolving Credit Borrowing, (a) the Total Revolving Credit Outstandings shall not exceed the aggregate Revolving Credit Commitments, (b) the Total Revolving Credit Outstandings denominated in any Alternative Currency shall not exceed the Alternative Currency Sublimit with respect to such Alternative Currency and (c) the aggregate Outstanding Amount of the U.S. Revolving Credit Loans of any Lender, plus such Lender’s Pro Rata Share or other applicable share provided for under this Agreement of the Outstanding Amount of (x) all L/C Obligations and (y) all Swing Line Loans, shall not exceed such Lender’s U.S. Revolving Credit Commitment; (ii) Each Japanese . All Revolving Credit Lender severally agrees to make loans denominated in Dollars and/or Yen (each such loan, a “Japanese Loans shall be made by all Revolving Credit Loan”Lenders (including both 2019 Revolving Credit Lenders and 2022 Revolving Credit Lenders) to in accordance with their Pro Rata Shares under the Parent Borrower and the Japanese Subsidiary Borrower from time to time, on any Business Day during the period from the Fourth Restatement Effective Date Revolving Credit Facility until the Maturity Date, in an aggregate principal amount not Date with respect to exceed at any time outstanding the amount of such Lender’s Japanese 2019 Revolving Credit CommitmentCommitments; provided that after giving effect to any Japanese Revolving Credit Borrowingthereafter, the aggregate Outstanding Amount of the Japanese all Revolving Credit Loans of any Lender shall not exceed such Lender’s Japanese be made by the 2022 Revolving Credit Commitment; (iii) Each Swiss/Multicurrency Lenders in accordance with their Pro Rata Shares under the Revolving Credit Lender severally agrees to make loans denominated in Dollars and/or Foreign Currencies (other than Yen) (each such loan, a “Swiss/Multicurrency Revolving Credit Loan”) to the Parent Borrower and the Swiss Subsidiary Borrower from time to time, on any Business Day during the period from the Fourth Restatement Effective Date Facility until the Maturity Date, in an aggregate principal amount not Date with respect to exceed at any time outstanding the amount of such Lender’s Swiss/Multicurrency 2022 Revolving Credit Commitment; provided that after giving effect to any Swiss/Multicurrency Revolving Credit Borrowing, the aggregate Outstanding Amount of the Swiss/Multicurrency Revolving Credit Loans of any Lender shall not exceed such Lender’s Swiss/Multicurrency Revolving Credit Commitment; and (iv) Commitments Within the limits of each Lender’s applicable Revolving Credit Commitment, and subject to the other terms and conditions hereof, the Borrowers Borrower may borrow under this Section 2.01(c‎2.01(b), prepay under Section 2.05‎2.05, and reborrow under this Section 2.01(c‎2.01(b). The Revolving Credit Loans denominated in Dollars may be Base Rate Loans or Eurocurrency Rate Loans and the Revolving Credit Loans denominated in Foreign Currencies shall be Eurocurrency Rate LoansDollars, in each caseEuros, Sterling or an Alternative Currency, as further provided herein.

Appears in 2 contracts

Samples: First Lien Credit Agreement (Evoqua Water Technologies Corp.), First Lien Credit Agreement (Evoqua Water Technologies Corp.)

The Revolving Credit Borrowings. Subject to the terms and conditions set forth herein, (i) Each each U.S. Revolving Credit Lender severally agrees to make loans denominated in Dollars (each such loan, a “U.S. Revolving Credit Loan”) to the Parent Borrower Borrowers in Dollars, from time to time, time on any Business #47923322 Day during the period from the Fourth Restatement Effective Date until the Maturity DateRevolving Credit Facility Availability Period, in an aggregate principal amount not to exceed at any time outstanding the amount of such U.S. Revolving Credit Lender’s U.S. Revolving Credit Commitment; and (ii) each Global Revolving Credit Lender severally agrees to make loans (each such loan, a “Global Revolving Credit Loan”) to the Borrowers in Dollars or in one or more Alternative Currencies, from time to time on any Business Day during the Revolving Credit Facility Availability Period, in an aggregate amount not to exceed at any time outstanding the amount of such Global Revolving Credit Lender’s Global Revolving Credit Commitment; provided that that, after giving effect to any Revolving Credit Borrowing: (A) (1) the Total U.S. Revolving Credit Borrowing, Outstandings shall not exceed the U.S. Revolving Credit Facility and (2) the Total Global Revolving Credit Outstandings shall not exceed the Global Revolving Credit Facility; (B) (1) the aggregate Outstanding Amount of the U.S. Revolving Credit Loans of any U.S. Revolving Credit Lender, plus such U.S. Revolving Credit Lender’s Pro Rata Share or other applicable share provided for under this Agreement Applicable Percentage of the Outstanding Amount of (x) all L/C Obligations and (y) all Swing Line Loans, Loans shall not exceed such U.S. Revolving Credit Lender’s U.S. Revolving Credit Commitment; ; and (ii2) Each Japanese Revolving Credit Lender severally agrees to make loans denominated in Dollars and/or Yen (each such loan, a “Japanese Revolving Credit Loan”) to the Parent Borrower and the Japanese Subsidiary Borrower from time to time, on any Business Day during the period from the Fourth Restatement Effective Date until the Maturity Date, in an aggregate principal amount not to exceed at any time outstanding the amount of such Lender’s Japanese Revolving Credit Commitment; provided that after giving effect to any Japanese Revolving Credit Borrowing, the aggregate Outstanding Amount of the Japanese Global Revolving Credit Loans of any Lender Global Revolving Credit Lender, plus such Global Revolving Credit Lender’s Applicable Percentage of the Outstanding Amount of all L/C Obligations shall not exceed such Global Revolving Credit Lender’s Japanese Revolving Credit Commitment; (iii) Each Swiss/Multicurrency Revolving Credit Lender severally agrees to make loans denominated in Dollars and/or Foreign Currencies (other than Yen) (each such loan, a “Swiss/Multicurrency Revolving Credit Loan”) to the Parent Borrower and the Swiss Subsidiary Borrower from time to time, on any Business Day during the period from the Fourth Restatement Effective Date until the Maturity Date, in an aggregate principal amount not to exceed at any time outstanding the amount of such Lender’s Swiss/Multicurrency Revolving Credit Commitment; provided that after giving effect to any Swiss/Multicurrency Revolving Credit Borrowing, the aggregate Outstanding Amount of the Swiss/Multicurrency Revolving Credit Loans of any Lender shall not exceed such Lender’s Swiss/Multicurrency Global Revolving Credit Commitment; and (ivC) the aggregate Outstanding Amount of all Revolving Credit Loans made to the Designated Borrowers shall not exceed the Designated Borrower Sublimit. Notwithstanding any of the foregoing to the contrary, each Global Revolving Credit Lender acknowledges and agrees that, after the Closing Date, Greif Luxembourg Holding S.À.X.X. shall be permitted to request, and, subject to satisfaction (or waiver in accordance with Section 10.01) of the conditions precedent set forth in Section 4.02, each such Global Revolving Credit Lender shall be obligated to fund, in a single Borrowing on a Business Day, Global Revolving Credit Loans in the amount and currency necessary to refinance in full the Global Revolving Credit Loans then outstanding and held by Greif CV1. Xxxxx XX0 shall, and each of the Company and Greif Luxembourg Holding S.À.X.X. agrees to do all things necessary to cause Xxxxx XX0 to, repay or prepay in full all Global Revolving Credit Loans outstanding to Xxxxx XX0 substantially simultaneously with making of the Global Revolving Credit Loans to Greif Luxembourg Holding S.À.X.X. Within the limits of each Revolving Credit Lender’s applicable Revolving Credit Commitment, and subject to the other terms and conditions hereof, the Borrowers may borrow under this Section 2.01(c2.01(b), prepay under Section 2.05, and reborrow under this Section 2.01(c2.01(b). The Revolving Credit Loans denominated in Dollars may be Base Rate Loans or Eurocurrency Rate Loans and the Revolving Credit Loans denominated in Foreign Currencies shall be Eurocurrency Eurodollar Rate Loans, in each case, as further provided herein.

Appears in 1 contract

Samples: Credit Agreement (Greif Inc)

The Revolving Credit Borrowings. Subject to the terms and conditions set forth herein, (ix) Each U.S. each 2019 Revolving Credit Lender severally agrees to make loans 2019 Revolving Credit Loans to the Borrower denominated in Dollars (each such loanDollars, a “U.S. Revolving Credit Loan”) to the Parent Borrower Euros, Sterling or an Alternative Currency from time to time, on any Business Day during the period from the Fourth Restatement Effective Date until the Maturity DateDate applicable to the 2019 Revolving Credit Loans, in an aggregate principal amount not to exceed at any time outstanding the amount of such 2019 Revolving Credit Lender’s U.S. 2019 Revolving Credit Commitment and (y) each 2022 Revolving Credit Lender severally agrees to make 2022 Revolving Credit Loans to the Borrower denominated in Dollars, Euros, Sterling or an Alternative Currency from time to time, on any Business Day until the Maturity Date applicable to the 2022 Revolving Credit Loans, in an aggregate amount not to exceed at any time outstanding the amount of such 2022 Revolving Credit Lender’s 2022 Revolving Credit Commitment; provided provided, however, that after giving effect to any U.S. Revolving Credit Borrowing, (a) the Total Revolving Credit Outstandings shall not exceed the aggregate Revolving Credit Commitments, (b) the Total Revolving Credit Outstandings denominated in any Alternative Currency shall not exceed the Alternative Currency Sublimit with respect to such Alternative Currency and (c) the aggregate Outstanding Amount of the U.S. Revolving Credit Loans of any Lender, plus such Lender’s Pro Rata Share or other applicable share provided for under this Agreement of the Outstanding Amount of (x) all L/C Obligations and (y) all Swing Line Loans, shall not exceed such Lender’s U.S. Revolving Credit Commitment; (ii) Each Japanese . All Revolving Credit Lender severally agrees to make loans denominated in Dollars and/or Yen (each such loan, a “Japanese Loans shall be made by all Revolving Credit Loan”Lenders (including both 2019 Revolving Credit Lenders and 2022 Revolving Credit Lenders) to in accordance with their Pro Rata Shares under the Parent Borrower and the Japanese Subsidiary Borrower from time to time, on any Business Day during the period from the Fourth Restatement Effective Date Revolving Credit Facility until the Maturity Date, in an aggregate principal amount not Date with respect to exceed at any time outstanding the amount of such Lender’s Japanese 2019 Revolving Credit CommitmentCommitments; provided that after giving effect to any Japanese Revolving Credit Borrowingthereafter, the aggregate Outstanding Amount of the Japanese all Revolving Credit Loans of any Lender shall not exceed such Lender’s Japanese be made by the 2022 Revolving Credit Commitment; (iii) Each Swiss/Multicurrency Lenders in accordance with their Pro Rata Shares under the Revolving Credit Lender severally agrees to make loans denominated in Dollars and/or Foreign Currencies (other than Yen) (each such loan, a “Swiss/Multicurrency Revolving Credit Loan”) to the Parent Borrower and the Swiss Subsidiary Borrower from time to time, on any Business Day during the period from the Fourth Restatement Effective Date Facility until the Maturity Date, in an aggregate principal amount not Date with respect to exceed at any time outstanding the amount of such Lender’s Swiss/Multicurrency 2022 Revolving Credit Commitment; provided that after giving effect to any Swiss/Multicurrency Revolving Credit Borrowing, the aggregate Outstanding Amount of the Swiss/Multicurrency Revolving Credit Loans of any Lender shall not exceed such Lender’s Swiss/Multicurrency Revolving Credit Commitment; and (iv) Commitments Within the limits of each Lender’s applicable Revolving Credit Commitment, and subject to the other terms and conditions hereof, the Borrowers Borrower may borrow under this Section 2.01(c2.01(b), prepay under Section 2.05, and reborrow under this Section 2.01(c2.01(b). The Revolving Credit Loans denominated in Dollars may be Base Rate Loans or Eurocurrency Rate Loans and the Revolving Credit Loans denominated in Foreign Currencies shall be Eurocurrency Rate LoansDollars, in each caseEuros, Sterling or an Alternative Currency, as further provided herein.

Appears in 1 contract

Samples: First Lien Credit Agreement (Evoqua Water Technologies Corp.)

The Revolving Credit Borrowings. (i) Each U.S. Subject to the terms and conditions set forth herein, each Revolving Credit Lender severally agrees to make loans denominated in Dollars (each such loan, a “U.S. Revolving Credit Loan”) to the Parent Borrower (or, pursuant to the immediately succeeding sentence, agrees to convert all or a portion of such Lender’s revolving credit loans held under the Existing Credit Agreement (an “Existing Revolving Credit Loan”) into a Revolving Credit Loan hereunder) in Dollars or in one or more Alternative Currencies from time to time, on any Business Day during the period from Availability Period for the Fourth Restatement Effective Date until the Maturity DateRevolving Credit Facility, in an aggregate principal amount not to exceed at any time outstanding the amount of such Lender’s U.S. Revolving Credit Commitment; provided provided, however, that after giving effect to any U.S. Revolving Credit Borrowing, (i) the Total Revolving Credit Outstandings shall not exceed the Revolving Credit Facility, (ii) the aggregate Outstanding Amount of the U.S. Revolving Credit Loans of any Lender, plus such Revolving Credit Lender’s Pro Rata Share or other applicable share provided for under this Agreement Applicable Percentage of the Outstanding Amount of (x) all L/C Obligations and (y) Obligations, plus such Revolving Credit Lender’s Applicable Percentage of the Outstanding Amount of all Swing Line Loans, Loans shall not exceed such Revolving Credit Lender’s U.S. Revolving Credit Commitment; , and (iiiii) Each Japanese the aggregate Outstanding Amounts of all Revolving Credit Lender severally agrees to make loans Loans denominated in Dollars and/or Yen Alternative Currencies shall not exceed the Alternative Currency Sublimit. On the Effective Date, any Lender that is a lender under the Existing Credit Agreement shall make a Revolving Credit Loan to the Borrower by converting all of the outstanding principal amount of any Existing Revolving Credit Loan held by such Lender into a Revolving Credit Loan in a principal amount equal to the aggregate principal amount of the Existing Revolving Credit Loans so converted (each such loanExisting Term Loan, a “Japanese Converted Existing Revolving Credit Loan”) to ). On the Parent Borrower and the Japanese Subsidiary Borrower from time to time, on any Business Day during the period from the Fourth Restatement Effective Date until the Maturity Date, in an aggregate principal amount not to exceed at any time outstanding the amount of such Lender’s Japanese Revolving Credit Commitment; provided that after giving effect to any Japanese Revolving Credit Borrowing, the aggregate Outstanding Amount of the Japanese Converted Existing Revolving Credit Loans shall be converted for all purposes of any Lender shall not exceed such Lender’s Japanese this Agreement into Revolving Credit Commitment; (iii) Each Swiss/Multicurrency Revolving Credit Lender severally agrees to make loans denominated in Dollars and/or Foreign Currencies (other than Yen) (each such loanLoans, a “Swiss/Multicurrency Revolving Credit Loan”) to the Parent Borrower and the Swiss Subsidiary Borrower from time to time, on any Business Day during Administrative Agent shall record in the period from the Fourth Restatement Effective Date until the Maturity Date, in an aggregate principal amount not to exceed at any time outstanding the amount of such Lender’s Swiss/Multicurrency Revolving Credit Commitment; provided that after giving effect to any Swiss/Multicurrency Revolving Credit Borrowing, Register the aggregate Outstanding Amount amounts of the Swiss/Multicurrency Converted Existing Revolving Credit Loans of any Lender shall not exceed such Lender’s Swiss/Multicurrency into Revolving Credit Commitment; and (iv) Loans. Within the limits of each Revolving Credit Lender’s applicable Revolving Credit Commitment, and subject to the other terms and conditions hereof, the Borrowers Borrower may borrow under this Section 2.01(c2.01(b), prepay under Section 2.05, and reborrow under this Section 2.01(c2.01(b). The Revolving Credit Loans denominated in Dollars may be Base Rate Loans or Eurocurrency Rate Loans and the Revolving Credit Loans denominated in Foreign Currencies shall be Eurocurrency Rate Loans, in each case, as further provided herein.

Appears in 1 contract

Samples: Credit Agreement (Peabody Energy Corp)

The Revolving Credit Borrowings. Subject to the terms and conditions set forth herein, (i) Each U.S. each Non-Extended Global Revolving Credit Lender severally agrees to make loans denominated in Dollars (each such loan, a “U.S. Non-Extended Global Revolving Credit Loan”) Loans to the Parent Borrower Borrowers from time to time, on any Business Day time during the period from the Fourth Restatement Effective Date until the Maturity Date, Availability Period in Dollars or in any Alternative Currency in an aggregate principal amount that will not to exceed at any time outstanding the amount of result in such Lender’s U.S. Non-Extended Global Revolving Credit Commitment; provided that after giving effect to any U.S. Revolving Credit Borrowing, the aggregate Outstanding Amount of the U.S. Revolving Credit Loans of any Lender, plus Exposure exceeding such Lender’s Pro Rata Share or other applicable share provided for under this Agreement of the Outstanding Amount of (x) all L/C Obligations and (y) all Swing Line LoansNon-Extended Global Revolving Commitment, shall not exceed such Lender’s U.S. Revolving Credit Commitment; (ii) Each Japanese each Non-Extended U.S. Revolving Credit Lender severally agrees to make loans denominated in Dollars and/or Yen (each such loan, a “Japanese Non-Extended U.S. Revolving Credit Loan”) Loans to the Parent Borrower and the Japanese Domestic Subsidiary Borrower Borrowers from time to time, on any Business Day time during the period from the Fourth Restatement Effective Date until the Maturity Date, Availability Period in Dollars in an aggregate principal amount that will not to exceed at any time outstanding the amount of result in such Lender’s Japanese Non-Extended U.S. Revolving Credit Commitment; provided that after giving effect to any Japanese Revolving Credit Borrowing, the aggregate Outstanding Amount of the Japanese Revolving Credit Loans of any Lender shall not exceed Exposure exceeding such Lender’s Japanese Non-Extended U.S. Revolving Credit Commitment; , (iii) Each Swiss/Multicurrency each 2020 Extended Global Revolving Credit Lender severally agrees to make loans denominated in Dollars and/or Foreign Currencies (other than Yen) (each such loan, a “Swiss/Multicurrency 2020 Extended Global Revolving Credit Loan”) Loans to the Parent Borrower and the Swiss Subsidiary Borrower Borrowers from time to time, on any Business Day time during the period from the Fourth Restatement Effective Date until the Maturity Date, Availability Period in Dollars or in any Alternative Currency in an aggregate principal amount that will not to exceed at any time outstanding the amount of result in such Lender’s Swiss/Multicurrency 2020 Extended Global Revolving Credit Commitment; provided that after giving effect to any Swiss/Multicurrency Revolving Credit Borrowing, the aggregate Outstanding Amount of the Swiss/Multicurrency Revolving Credit Loans of any Lender shall not exceed Exposure exceeding such Lender’s Swiss/Multicurrency 2020 Extended Global Revolving Credit Commitment; and Commitment and (iv) each 2020 Extended U.S. Revolving Lender agrees to make 2020 Extended U.S. Revolving Loans to the Domestic Subsidiary Borrowers from time to time during the Availability Period in Dollars in an aggregate principal amount that will not result in such Lender’s 2020 Extended U.S. Revolving Exposure exceeding such Lender’s 2020 Extended U.S. Revolving Commitment. Within the foregoing limits of each Lender’s applicable Revolving Credit Commitment, and subject to the other terms and conditions hereofset forth herein, the Borrowers may borrow under this Section 2.01(c)borrow, prepay under Section 2.05, and reborrow Revolving Loans. Subject to the Borrowers’ overall currency and jurisdictional borrowing needs and other reasonable considerations, the Borrowers will use commercially reasonable efforts to approximately equalize utilization (as a percentage of the applicable Class of Commitments) under this Section 2.01(c). The Revolving Credit Loans denominated in Dollars may be Base Rate Loans or Eurocurrency Rate Loans and each of the Revolving Credit Loans denominated in Foreign Currencies shall be Eurocurrency Rate Loans, in each case, as further provided hereinFacilities.

Appears in 1 contract

Samples: Restatement Agreement (Aptiv PLC)

The Revolving Credit Borrowings. Subject to the terms and conditions set forth herein, (i) Each each Multicurrency Tranche 1 Revolving Credit Lender severally agrees to make (or cause its Applicable Lending Office to make) Multicurrency Tranche 1 Revolving Credit Loans from time to time during the Availability Period for the Multicurrency Tranche 1 Revolving Credit Facility in Dollars or in any Multicurrency Tranche 1 Alternative Currency in an aggregate principal amount that will not result in such Lender’s Multicurrency Tranche 1 Revolving Credit Exposure exceeding such Lender’s Multicurrency Tranche 1 Revolving Credit Commitment, (ii) each Multicurrency Tranche 2 Revolving Credit Lender severally agrees to make (or cause its Applicable Lending Office to make) Multicurrency Tranche 2 Revolving Credit Loans from time to time during the Availability Period for the Multicurrency Tranche 2 Revolving Credit Facility in Dollars or in any Multicurrency Tranche 2 Alternative Currency in an aggregate principal amount that will not result in such Lender’s Multicurrency Tranche 2 Revolving Credit Exposure exceeding such Lender’s Multicurrency Tranche 2 Revolving Credit Commitment and (iii) each U.S. Revolving Credit Lender severally agrees to make loans denominated in Dollars (each such loan, a “or cause its Applicable Lending Office to make) U.S. Revolving Credit Loan”) to the Parent Borrower Loans from time to time, on any Business Day time during the period from Availability Period for the Fourth Restatement Effective Date until the Maturity Date, U.S. Revolving Credit Facility in Dollars in an aggregate principal amount that will not to exceed at any time outstanding the amount of result in such Lender’s U.S. Revolving Credit Exposure exceeding such Lender’s U.S. Revolving Credit Commitment; provided that after giving effect to any U.S. Revolving Credit Borrowing, the aggregate Outstanding Amount of the U.S. Revolving Credit Loans of any Lender, plus such Lender’s Pro Rata Share or other applicable share provided for under this Agreement of the Outstanding Amount of (x) all L/C Obligations and (y) all Swing Line Loans, shall not exceed such Lender’s U.S. Revolving Credit Commitment; (ii) Each Japanese Revolving Credit Lender severally agrees to make loans denominated in Dollars and/or Yen (each such loan, a “Japanese Revolving Credit Loan”) to the Parent Borrower and the Japanese Subsidiary Borrower from time to time, on any Business Day during the period from the Fourth Restatement Effective Date until the Maturity Date, in an aggregate principal amount not to exceed at any time outstanding the amount of such Lender’s Japanese Revolving Credit Commitment; provided that after giving effect to any Japanese Revolving Credit Borrowing, the aggregate Outstanding Amount of the Japanese Revolving Credit Loans of any Lender shall not exceed such Lender’s Japanese Revolving Credit Commitment; (iii) Each Swiss/Multicurrency Revolving Credit Lender severally agrees to make loans denominated in Dollars and/or Foreign Currencies (other than Yen) (each such loan, a “Swiss/Multicurrency Revolving Credit Loan”) to the Parent Borrower and the Swiss Subsidiary Borrower from time to time, on any Business Day during the period from the Fourth Restatement Effective Date until the Maturity Date, in an aggregate principal amount not to exceed at any time outstanding the amount of such Lender’s Swiss/Multicurrency Revolving Credit Commitment; provided that after giving effect to any Swiss/Multicurrency Revolving Credit Borrowing, the aggregate Outstanding Amount of the Swiss/Multicurrency Revolving Credit Loans of any Lender shall not exceed such Lender’s Swiss/Multicurrency Revolving Credit Commitment; and (iv) . Within the limits of each Lender’s applicable Revolving Credit Commitment, and subject to the other terms and conditions hereof, the Borrowers Borrower may borrow under this Section 2.01(c), prepay under Section 2.05, and reborrow under this Section 2.01(c). The Revolving Credit Loans denominated in Dollars may be Base Rate Loans or Eurocurrency Rate Loans Loans, and the Revolving Credit Loans denominated in Foreign Currencies any Multicurrency Tranche 1 Alternative Currency or Multicurrency Tranche 2 Alternative Currency shall be Eurocurrency Rate Loans, in each case, as further provided herein.

Appears in 1 contract

Samples: Credit Agreement (Heinz H J Co)

The Revolving Credit Borrowings. Subject to the terms and conditions set forth herein, (i) Each U.S. each Dollar Revolving Credit Lender severally agrees to make loans denominated in Dollars to the Borrower as elected by the Borrower pursuant to Section 2.02 (each such loan, a “U.S. Dollar Revolving Credit Loan”) to the Parent Borrower from time to time, on any Business Day during after the period from the Fourth Restatement Effective Closing Date until the Maturity Date, in an aggregate principal amount Dollar Amount not to exceed at any time outstanding the amount of such Lender’s U.S. Dollar Revolving Credit Commitment; provided that after giving effect to any U.S. Dollar Revolving Credit Borrowing, the aggregate Outstanding Amount of the U.S. Dollar Revolving Credit Loans of any Lender, plus such Lender’s Pro Rata Share or other applicable share provided for under this Agreement of the Outstanding Amount of (x) all Dollar L/C Obligations and (y) Obligations, plus such Lender’s Pro Rata Share of the Outstanding Amount of all Swing Line Loans, Loans shall not exceed such Lender’s U.S. Dollar Revolving Credit Commitment; ; and (ii) Each Japanese each Alternative Currency Revolving Credit Lender under each Alternative Currency Revolving Credit Facility of a given currency established in accordance with Section 2.14 severally agrees to make loans denominated in Dollars and/or Yen an Alternative Currency to the Borrower as elected by the Borrower pursuant to Section 2.02 (each such loan, a with respect to such Alternative Currency Revolving Credit Facility, an Japanese Alternative Currency Revolving Credit Loan” under such Facility) to the Parent Borrower and the Japanese Subsidiary Borrower from time to time, on any Business Day during the period from the Fourth Restatement Effective Date until the Maturity Date, in an aggregate principal amount Dollar Amount not to exceed at any time outstanding the amount of such Lender’s Japanese Alternative Currency Revolving Credit Commitment; provided that after giving effect to any Japanese Alternative Currency Revolving Credit Borrowing, the aggregate Outstanding Amount of the Japanese Alternative Currency Revolving Credit Loans of any Lender Lender, plus such Lender’s Pro Rata Share of the Outstanding Amount of all Alternative Currency L/C Obligations shall not exceed such Lender’s Japanese Alternative Currency Revolving Credit Commitment; (iii) Each Swiss/Multicurrency Commitment under the applicable Alternative Currency Revolving Credit Lender severally agrees to make loans denominated in Dollars and/or Foreign Currencies (other than Yen) (each such loan, a “Swiss/Multicurrency Revolving Credit Loan”) to the Parent Borrower and the Swiss Subsidiary Borrower from time to time, on any Business Day during the period from the Fourth Restatement Effective Date until the Maturity Date, in an aggregate principal amount not to exceed at any time outstanding the amount of such Lender’s Swiss/Multicurrency Revolving Credit Commitment; provided that after giving effect to any Swiss/Multicurrency Revolving Credit Borrowing, the aggregate Outstanding Amount of the Swiss/Multicurrency Revolving Credit Loans of any Lender shall not exceed such Lender’s Swiss/Multicurrency Revolving Credit Commitment; and (iv) Facility. Within the limits of each Lender’s applicable Revolving Credit Commitment, and subject to the other terms and conditions hereof, the Borrowers Borrower may borrow under this Section 2.01(c2.01(b), prepay under Section 2.05, 2.05 and reborrow under this Section 2.01(c2.01(b). The Dollar Revolving Credit Loans denominated in Dollars may be Base Rate Loans or Eurocurrency Rate Loans Loans, as further provided herein, and the Alternative Currency Revolving Credit Loans denominated in Foreign Currencies shall must be Eurocurrency Rate Loans, in each case, as further provided herein.

Appears in 1 contract

Samples: Credit Agreement (Alltel Corp)

The Revolving Credit Borrowings. Subject to the terms and conditions set forth herein, (i) Each U.S. each Multicurrency Revolving Credit Lender severally agrees to make loans denominated in Dollars (each such loan, a “U.S. Multicurrency Revolving Credit Loan”) to the Parent Borrower applicable Borrower(s) in Dollars or in one or more Alternative Currencies from time to time, on any Business Day during the period from Availability Period for the Fourth Restatement Effective Date until the Maturity DateMulticurrency Revolving Credit Facility, in an aggregate principal amount not to exceed at any time outstanding the amount of such Multicurrency Revolving Credit Lender’s U.S. Multicurrency Revolving Credit Commitment; provided that after giving effect to any U.S. Revolving Credit Borrowing, the aggregate Outstanding Amount of the U.S. Revolving Credit Loans of any Lender, plus such Lender’s Pro Rata Share or other applicable share provided for under this Agreement of the Outstanding Amount of (x) all L/C Obligations Commitment and (y) all Swing Line Loans, shall not exceed such Lender’s U.S. Revolving Credit Commitment; (ii) Each Japanese each USD Revolving Credit Lender severally agrees to make loans denominated in Dollars and/or Yen (each such loan, a “Japanese USD Revolving Credit Loan”) to the Parent Borrower and the Japanese Subsidiary Borrower applicable Borrower(s) in Dollars from time to time, on any Business Day during the period from Availability Period for the Fourth Restatement Effective Date until the Maturity DateUSD Revolving Credit Facility, in an aggregate principal amount not to exceed at any time outstanding the amount of such USD Revolving Credit Lender’s Japanese USD Revolving Credit Commitment; provided provided, however, that after giving effect to any Japanese Revolving Credit Borrowing, (i) the Total Revolving Credit Outstandings shall not exceed the Aggregate Revolving Commitments, (ii) the Multicurrency Revolving Credit Exposure of any Multicurrency Revolving Credit Lender shall not exceed such Multicurrency Revolving Credit Lender’s Multicurrency Revolving Credit Commitment, (iii) the USD Revolving Credit Exposure of any USD Revolving Credit Lender shall not exceed such USD Revolving Credit Lender’s USD Revolving Credit Commitment, (iv) the aggregate Outstanding Amount of the Japanese all Revolving Credit Loans of any Lender made to the Designated Borrowers shall not exceed such Lender’s Japanese Revolving Credit Commitment; the Designated Borrower Sublimit, (iiiv) Each Swiss/Multicurrency Revolving Credit Lender severally agrees to make loans denominated in Dollars and/or Foreign Currencies (other than Yen) (each such loan, a “Swiss/Multicurrency Revolving Credit Loan”) to the Parent Borrower and the Swiss Subsidiary Borrower from time to time, on any Business Day during the period from the Fourth Restatement Effective Date until the Maturity Date, in an aggregate principal amount not to exceed at any time outstanding the amount of such Lender’s Swiss/Multicurrency Revolving Credit Commitment; provided that after giving effect to any Swiss/Multicurrency Revolving Credit Borrowing, the aggregate Outstanding Amount of the Swiss/all Multicurrency Revolving Credit Loans of any Lender denominated in Alternative Currencies shall not exceed such Lender’s Swiss/Multicurrency the Alternative Currency Sublimit and (vi) the aggregate Outstanding Amount of all Revolving Credit Commitment; and (iv) Loans made to the U.K. Borrower shall not exceed the U.K. Borrower Sublimit. Within the limits of each Revolving Credit Lender’s applicable Revolving Credit Commitment, and subject to the other terms and conditions hereof, the Borrowers may borrow under this Section 2.01(c2.01(b), prepay under Section 2.05, and reborrow under this Section 2.01(c2.01(b). The Revolving Credit Loans denominated in Dollars may be Base Rate Loans, LIBOR Daily Floating Rate Loans or Eurocurrency Rate Loans and the Loans, as further provided herein. Revolving Credit Loans denominated in Foreign Currencies shall an Alternative Currency must be Eurocurrency Rate Loans, in each case, as further provided herein.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Hologic Inc)

The Revolving Credit Borrowings. Subject to the terms and conditions set forth herein (i) Each U.S. each Dollar Revolving Credit Lender severally agrees to make loans denominated in Dollars to the Borrower as elected by the Borrower pursuant to Section 2.02 (each such loan, a “U.S. Dollar Revolving Credit Loan”) to the Parent Borrower from time to time, on any Business Day during the period from the Fourth Restatement Effective Date until the Maturity Date, in an aggregate principal amount Dollar Amount not to exceed at any time outstanding the amount of such Lender’s U.S. Dollar Revolving Credit Commitment; provided that after giving effect to any U.S. Dollar Revolving Credit Borrowing, the aggregate Outstanding Amount of the U.S. Dollar Revolving Credit Loans of any Lender, plus such Lender’s Pro Rata Share or other applicable share provided for under this Agreement of the Outstanding Amount of (x) all Dollar Revolving L/C Obligations and (y) Obligations, plus such Lender’s Pro Rata Share of the Outstanding Amount of all Swing Line Loans, Loans shall not exceed such Lender’s U.S. Dollar Revolving Credit Commitment; ; and (ii) Each Japanese each Alternative Currency Revolving Credit Lender severally agrees to make loans denominated in Dollars and/or Yen an Alternative Currency to the Borrower as elected by the Borrower pursuant to Section 2.02 (each such loan, a an Japanese Alternative Currency Revolving Credit Loan”) to the Parent Borrower and the Japanese Subsidiary Borrower from time to time, on any Business Day during the period from the Fourth Restatement Effective Date until the Maturity Date, in an aggregate principal amount Dollar Amount not to exceed at any time outstanding the amount of such Lender’s Japanese Alternative Currency Revolving Credit Commitment; provided that after giving effect to any Japanese Alternative Currency Revolving Credit Borrowing, the aggregate Outstanding Amount of the Japanese Alternative Currency Revolving Credit Loans of any Lender Lender, plus such Lender’s Pro Rata Share of the Outstanding Amount of all Alternative Currency Revolving L/C Obligations shall not exceed such Lender’s Japanese Alternative Currency Revolving Credit Commitment; (iii) Each Swiss/Multicurrency Revolving Credit Lender severally agrees to make loans denominated in Dollars and/or Foreign Currencies (other than Yen) (each such loan, a “Swiss/Multicurrency Revolving Credit Loan”) to the Parent Borrower and the Swiss Subsidiary Borrower from time to time, on any Business Day during the period from the Fourth Restatement Effective Date until the Maturity Date, in an aggregate principal amount not to exceed at any time outstanding the amount of such Lender’s Swiss/Multicurrency Revolving Credit Commitment; provided that after giving effect to any Swiss/Multicurrency Revolving Credit Borrowing, the aggregate Outstanding Amount of the Swiss/Multicurrency Revolving Credit Loans of any Lender shall not exceed such Lender’s Swiss/Multicurrency Revolving Credit Commitment; and (iv) . Within the limits of each Lender’s applicable Revolving Credit Commitment, and subject to the other terms and conditions hereof, the Borrowers Borrower may borrow under this Section 2.01(c), prepay under Section 2.05, and reborrow under this Section 2.01(c). The Dollar Revolving Credit Loans denominated in Dollars may be Base Rate Loans or Eurocurrency Rate Loans Loans, as further provided herein, and the Alternative Currency Revolving Credit Loans denominated in Foreign Currencies shall must be Eurocurrency Rate Loans, in each case, as further provided herein.

Appears in 1 contract

Samples: Credit Agreement (S.D. Shepherd Systems, Inc.)

The Revolving Credit Borrowings. (i) Each U.S. On the Amendment No. 5 Effective Date, in accordance with, and upon the terms and conditions set forth in, Amendment No. 5, (x) the Existing Revolving Credit Commitment and any Existing Revolving Credit Loans of each Non-Extended Revolving Credit Lender outstanding on such date shall continue hereunder and be reclassified as a Non-Extended Revolving Credit Commitment and Non- Extended Revolving Credit Loans, respectively, on such date and (y) the Existing Revolving Credit Commitment and any Existing Revolving Credit Loans of each Extended Revolving Credit Lender outstanding on such date shall continue hereunder and be reclassified as an Extended Revolving Credit Commitment and Extended Revolving Credit Loans, respectively, on such date. (ii) Subject to the terms and conditions set forth herein (A) each Non-Extended Revolving Credit Lender severally agrees to make revolving credit loans denominated in Dollars an Approved Currency to the Borrower from its applicable Lending Office (each such loan, a “U.S. Non-Extended Revolving Credit Loan”) to the Parent Borrower from time to timetime as elected by the Borrower pursuant to ‎Section 2.02, on any Business Day during after the period from the Fourth Restatement Effective Closing Date until the Maturity DateDate with respect to such Non-Extended Revolving Credit Lenders’ applicable Non-Extended Revolving Credit Commitment, in an aggregate principal amount Principal Amount not to exceed at any time outstanding the amount of such Xxxxxx’s Non-Extended Revolving Credit Commitment and (B) each Extended Revolving Credit Lender severally agrees to make revolving credit loans denominated in an Approved Currency to the Borrower from its applicable Lending Office (each such loan, an “Extended Revolving Credit Loan”) from time to time as elected by the Borrower pursuant to ‎Section 2.02, on any Business Day during the period from the Closing Date until the Maturity Date with respect to such Extended Revolving Credit Lender’s U.S. applicable Extended Revolving Credit Commitment, in an aggregate Principal Amount not to exceed at any time outstanding the amount of such Xxxxxx’s Extended Revolving Credit Commitment at such time; provided provided, in each case, that after giving effect to any U.S. Revolving Credit Borrowing, the aggregate Outstanding Amount of the U.S. Revolving Credit Loans of any Lender, plus such Lender’s Pro Rata Share or other applicable share provided for under this Agreement of the Outstanding Amount of (x) all L/C Obligations and (y) Obligations, plus such Lender’s Pro Rata Share or other applicable share provided for under this Agreement of the Outstanding Amount of all Swing Line Loans, Loans shall not exceed such LenderXxxxxx’s U.S. Revolving Credit Commitment; (ii) Each Japanese Revolving Credit Lender severally agrees to make loans denominated in Dollars and/or Yen (each such loan, a “Japanese Revolving Credit Loan”) to the Parent Borrower and the Japanese Subsidiary Borrower from time to time, on any Business Day during the period from the Fourth Restatement Effective Date until the Maturity Date, in an aggregate principal amount not to exceed at any time outstanding the amount of such Lender’s Japanese Revolving Credit Commitment; provided that after giving effect to any Japanese Revolving Credit Borrowing, the aggregate Outstanding Amount of the Japanese Revolving Credit Loans of any Lender shall not exceed such Lender’s Japanese Revolving Credit Commitment; (iii) Each Swiss/Multicurrency Revolving Credit Lender severally agrees to make loans denominated in Dollars and/or Foreign Currencies (other than Yen) (each such loan, a “Swiss/Multicurrency Revolving Credit Loan”) to the Parent Borrower and the Swiss Subsidiary Borrower from time to time, on any Business Day during the period from the Fourth Restatement Effective Date until the Maturity Date, in an aggregate principal amount not to exceed at any time outstanding the amount of such Lender’s Swiss/Multicurrency Revolving Credit Commitment; provided that after giving effect to any Swiss/Multicurrency Revolving Credit Borrowing, the aggregate Outstanding Amount of the Swiss/Multicurrency Revolving Credit Loans of any Lender shall not exceed such Lender’s Swiss/Multicurrency Revolving Credit Commitment; and (iv) . Within the limits of each Lender’s applicable Revolving Credit CommitmentCommitments, and subject to the other terms and conditions hereof, the Borrowers Borrower may borrow under this Section 2.01(c‎Section 2.01(b)(ii), prepay under Section ‎Section 2.05, and reborrow under this Section 2.01(c‎Section 2.01(b)(ii). The Revolving Credit Loans denominated in Dollars may be Base Rate Loans or Eurocurrency Rate Loans and the Revolving Credit Loans denominated in Foreign Currencies shall be Eurocurrency Rate Term SOFR Loans, in each case, as further provided herein. (iii) From the Amendment No. 5 Effective Date until the Maturity Date with respect to the Non-Extended Revolving Credit Facility, all Revolving Credit Loans shall be made on a pro rata basis between the Non-Extended Revolving Credit Facility and the Extended Revolving Credit Facility. On the Maturity Date with respect to the Non-Extended Revolving Credit Facility, if the conditions set forth in Section 4.02(i) and (ii) are satisfied at such time, the Revolving Credit Loans of the Non-Extended Revolving Credit Lenders shall be reallocated to the Extended Revolving Credit Lenders ratably in accordance with their Pro Rata Share of the Extended Revolving Credit Commitments but in any case, only to the extent the sum of the Revolving Credit Loans of the Non-Extended Revolving Credit Lenders and Extended Revolving Credit Lenders plus the aggregate Outstanding Amount of all L/C Obligations and Swing Line Loans does not exceed the total Extended Revolving Credit Commitments at such time. (iv) Notwithstanding anything to the contrary in this Agreement: (A) on the Amendment No. 5 Effective Date, (x) Non-Extended Revolving Credit Loans and Extended Revolving Credit Loans shall be deemed made as Eurocurrency Rate Loans in a principal amount equal to the principal amount of the Existing Revolving Credit Loans reclassified as Non-Extended Revolving Credit Loans and Extended Revolving Credit Loans, as applicable, pursuant to Section 2.01(b)(i) that were outstanding as Eurocurrency Rate Loans at the time of reclassification (such Non-Extended Revolving Credit Loans and Extended Revolving Credit Loans to correspond in principal amount to the Existing Revolving Credit Loans so converted of a given Interest Period), (y) Interest Periods for the Non-Extended Revolving Credit Loans and the Extended Revolving Credit Loans described in clause (x) above shall end on the same dates as the Interest Periods applicable to the corresponding Existing Revolving Credit Loans described in clause (x) above, and the Eurocurrency Rates applicable to such Non-Extended Revolving Credit Loans and Extended Revolving Credit Loans during such Interest Periods shall be the same as those applicable to the Existing Revolving Credit Loans so reclassified, and (z) Non-Extended Revolving Credit Loans and Extended Revolving Credit Loans shall be deemed made as Base Rate Loans in a principal amount equal to the principal amount of Existing Revolving Credit Loans reclassified into Non-Extended Revolving Credit Loans and Extended Revolving Credit Loans, respectively, pursuant to Section 2.01(b)(i) that were outstanding as Base Rate Loans at the time of reclassification; and (B) each Non-Extended Revolving Credit Loan and Extended Revolving Credit Loan shall continue to be entitled to all accrued and unpaid interest with respect to the Existing Revolving Credit Loan from which such Non-Extended Revolving Credit Loan and Extended Revolving Credit Loan, as applicable, was reclassified up to but excluding the Amendment No. 5 Effective Date. No costs shall be payable under Section 3.05 in connection with transactions consummated under this Section 2.01(b)(iv).

Appears in 1 contract

Samples: Credit Agreement (Alight, Inc. / Delaware)

The Revolving Credit Borrowings. Subject to the terms and conditions set forth herein, (i) Each U.S. each Multicurrency Revolving Credit Lender severally agrees to make loans denominated in Dollars (each such loan, a “U.S. Multicurrency Revolving Credit Loan”) to the Parent Borrower from time to time in Dollars or in one or more Alternative Currencies from time to time, on any Business Day during the period from Availability Period for the Fourth Restatement Effective Date until the Maturity DateMulticurrency Revolving Credit Facility, in an aggregate principal amount not to exceed at any time outstanding such Multicurrency Revolving Credit Lender’s Multicurrency Revolving Credit Commitment and (ii) each US Dollar Revolving Credit Lender severally agrees to make loans (each such loan, a “US Dollar Revolving Credit Loan” and, together with the Multicurrency Revolving Credit Loans, the “Revolving Credit Loans”) to the Borrower in Dollars from time to time, on any Business Day during the Availability Period for the US Dollar Revolving Credit Facility, in an aggregate amount not to exceed at any time outstanding the amount of such US Dollar Revolving Credit Lender’s U.S. US Dollar Revolving Credit Commitment; provided provided, however, that after giving effect to any U.S. Revolving Credit Borrowing, (i) the Total Revolving Credit Outstandings shall not exceed the Revolving Credit Facility, (ii) the aggregate Outstanding Amount of the U.S. Multicurrency Revolving Credit Loans of any Multicurrency Revolving Credit Lender, plus such Multicurrency Revolving Credit Lender’s Pro Rata Share or other applicable share provided for under this Agreement Applicable Percentage of the Outstanding Amount of (x) all L/C Obligations and (y) Obligations, plus such Multicurrency Revolving Credit Lender’s Applicable Percentage of the Outstanding Amount of all Swing Line Loans, Loans shall not exceed such Multicurrency Revolving Credit Lender’s U.S. Multicurrency Revolving Credit Commitment; , (iiiii) Each Japanese Revolving Credit Lender severally agrees to make loans denominated in Dollars and/or Yen (each such loan, a “Japanese Revolving Credit Loan”) to the Parent Borrower and the Japanese Subsidiary Borrower from time to time, on any Business Day during the period from the Fourth Restatement Effective Date until the Maturity Date, in an aggregate principal amount not to exceed at any time outstanding the amount of such Lender’s Japanese Revolving Credit Commitment; provided that after giving effect to any Japanese Revolving Credit Borrowing, the aggregate Outstanding Amount of the Japanese US Dollar Revolving Credit Loans of any US Dollar Revolving Credit Lender shall not exceed such US Dollar Revolving Credit Lender’s Japanese US Dollar Revolving Credit Commitment; Commitment and (iiiiv) Each Swiss/Multicurrency the Total Revolving Credit Lender severally agrees to make loans Outstandings denominated in Dollars and/or Foreign Alternative Currencies (other than Yen) (each such loan, a “Swiss/Multicurrency Revolving Credit Loan”) to the Parent Borrower and the Swiss Subsidiary Borrower from time to time, on any Business Day during the period from the Fourth Restatement Effective Date until the Maturity Date, in an aggregate principal amount not to exceed at any time outstanding the amount of such Lender’s Swiss/Multicurrency Revolving Credit Commitment; provided that after giving effect to any Swiss/Multicurrency Revolving Credit Borrowing, the aggregate Outstanding Amount of the Swiss/Multicurrency Revolving Credit Loans of any Lender shall not exceed such Lender’s Swiss/Multicurrency Revolving Credit Commitment; and (iv) the Alternative Currency Sublimit. Within the limits of each Revolving Credit Lender’s applicable Revolving Credit Commitment, and subject to the other terms and conditions hereof, the Borrowers Borrower may borrow under this Section 2.01(c2.01(b), prepay under Section 2.05, and reborrow under this Section 2.01(c)2.01(b) . The Revolving Credit Loans denominated in Dollars may be Base Rate Loans or Eurocurrency Rate Loans and the Revolving Credit Loans denominated in Foreign Currencies shall be Eurocurrency Rate Loans, in each case, as further provided herein.

Appears in 1 contract

Samples: Credit Agreement (Diamond Foods Inc)

The Revolving Credit Borrowings. Subject to the terms and conditions set forth herein (i) Each U.S. each Dollar Revolving Credit Lender severally agrees to make loans denominated in Dollars to the Borrower as elected by the Borrower pursuant to Section 2.02 (each such loan, a “U.S. Dollar Revolving Credit Loan”) to the Parent Borrower from time to time, on any Business Day during the period from the Fourth Restatement Effective Date until the Maturity Date (provided that no Dollar Revolving Credit Loans in excess of the aggregate amount of the available Dollar Revolving Credit Commitments in effect immediately prior to the Worldspan Closing Date shall be available on the Worldspan Closing Date), in an aggregate principal amount Dollar Amount not to exceed at any time outstanding the amount of such Lender’s U.S. Dollar Revolving Credit Commitment; provided that after giving effect to any U.S. Dollar Revolving Credit Borrowing, the aggregate Outstanding Amount of the U.S. Dollar Revolving Credit Loans of any Lender, plus such Lender’s Pro Rata Share or other applicable share provided for under this Agreement of the Outstanding Amount of (x) all Dollar Revolving L/C Obligations and (y) Obligations, plus such Lender’s Pro Rata Share of the Outstanding Amount of all Swing Line Loans, Loans shall not exceed such Lender’s U.S. Dollar Revolving Credit Commitment; ; and (ii) Each Japanese each Alternative Currency Revolving Credit Lender severally agrees to make loans denominated in Dollars and/or Yen an Alternative Currency to the Borrower as elected by the Borrower pursuant to Section 2.02 (each such loan, a an Japanese Alternative Currency Revolving Credit Loan”) to the Parent Borrower and the Japanese Subsidiary Borrower from time to time, on any Business Day during the period from the Fourth Restatement Effective Date until the Maturity Date (provided that no Alternative Currency Revolving Credit Loans in excess of the aggregate amount of the available Alternative Currency Revolving Credit Commitments in effect immediately prior to the Worldspan Closing Date shall be available on the Worldspan Closing Date), in an aggregate principal amount Dollar Amount not to exceed at any time outstanding the amount of such Lender’s Japanese Alternative Currency Revolving Credit Commitment; provided that after giving effect to any Japanese Alternative Currency Revolving Credit Borrowing, the aggregate Outstanding Amount of the Japanese Alternative Currency Revolving Credit Loans of any Lender Lender, plus such Lender’s Pro Rata Share of the Outstanding Amount of all Alternative Currency Revolving L/C Obligations shall not exceed such Lender’s Japanese Alternative Currency Revolving Credit Commitment; (iii) Each Swiss/Multicurrency Revolving Credit Lender severally agrees to make loans denominated in Dollars and/or Foreign Currencies (other than Yen) (each such loan, a “Swiss/Multicurrency Revolving Credit Loan”) to the Parent Borrower and the Swiss Subsidiary Borrower from time to time, on any Business Day during the period from the Fourth Restatement Effective Date until the Maturity Date, in an aggregate principal amount not to exceed at any time outstanding the amount of such Lender’s Swiss/Multicurrency Revolving Credit Commitment; provided that after giving effect to any Swiss/Multicurrency Revolving Credit Borrowing, the aggregate Outstanding Amount of the Swiss/Multicurrency Revolving Credit Loans of any Lender shall not exceed such Lender’s Swiss/Multicurrency Revolving Credit Commitment; and (iv) . Within the limits of each Lender’s applicable Revolving Credit Commitment, and subject to the other terms and conditions hereof, the Borrowers Borrower may borrow under this Section 2.01(c), prepay under Section 2.05, and reborrow under this Section 2.01(c). The Dollar Revolving Credit Loans denominated in Dollars may be Base Rate Loans or Eurocurrency Rate Loans Loans, as further provided herein, and the Alternative Currency Revolving Credit Loans denominated in Foreign Currencies shall must be Eurocurrency Rate Loans, in each case, as further provided herein.. Upon the increase in the Dollar Revolving Credit Commitments pursuant to this Agreement, each Dollar Revolving Credit Lender immediately prior to such increase (each, an “Original Dollar Revolving Credit Lender”) will automatically and without further action be deemed to have assigned to each Dollar Revolving Credit Lender becoming a party to this Agreement upon such increase (each, a “New Dollar Revolving Credit Lender”) and each Original Dollar Revolving Credit Lender whose Dollar Revolving Credit Commitment hereunder is increased on the Worldspan Closing Date (each, an “Increased Original Dollar Revolving Credit Lender”), and each such New Dollar Revolving Credit Lender and Increased Original Dollar Revolving Credit Lender will automatically and without further action be deemed to have assumed, a portion of such Original Dollar Revolving Credit Lender’s participations hereunder in outstanding Dollar Revolving Letters of Credit and Swing Line Loans such that, after giving effect to each such deemed assignment and assumption of participations, the percentage of the aggregate outstanding (i) participations hereunder in Dollar Revolving Letters of Credit and (ii) participations hereunder in Swing Line Loans held by each Dollar Revolving Credit Lender will equal the percentage of the aggregate Dollar Revolving Credit Commitments of all Dollar Revolving Credit Lenders represented by such Dollar Revolving Credit Lender’s

Appears in 1 contract

Samples: Credit Agreement (Travelport LTD)

The Revolving Credit Borrowings. (i) Each U.S. Revolving Credit Lender severally agrees to make loans denominated in Dollars (each such loan, a “U.S. Revolving Credit Loan”) to the Parent Borrower and the U.S. Borrower from time to time, on any Business Day during the period from the Fourth Restatement Effective Date until the Maturity Date, in an aggregate principal amount not to exceed at any time outstanding the amount of such LenderXxxxxx’s U.S. Revolving Credit Commitment; provided that after giving effect to any U.S. Revolving Credit Borrowing, the aggregate Outstanding Amount of the U.S. Revolving Credit Loans of any Lender, plus such Lender’s Pro Rata Share or other applicable share provided for under this Agreement of the Outstanding Amount of (x) all L/C Obligations and (y) all Swing Line Loans, shall not exceed such Lender’s U.S. Revolving Credit Commitment; (ii) Each Japanese Revolving Credit Lender severally agrees to make loans denominated in Dollars and/or Yen (each such loan, a “Japanese Revolving Credit Loan”) to the Parent Borrower, the U.S. Borrower and the Japanese Subsidiary Borrower from time to time, on any Business Day during the period from the Fourth Restatement Effective Date until the Maturity Date, in an aggregate principal amount not to exceed at any time outstanding the amount of such Lender’s Japanese Revolving Credit Commitment; provided that after giving effect to any Japanese Revolving Credit Borrowing, the aggregate Outstanding Amount of the Japanese Revolving Credit Loans of any Lender shall not exceed such LenderXxxxxx’s Japanese Revolving Credit Commitment; (iii) Each Swiss/Multicurrency Revolving Credit Lender severally agrees to make loans denominated in Dollars and/or Foreign Currencies (other than Yen) (each such loan, a “Swiss/Multicurrency Revolving Credit Loan”) to the Parent Borrower, the U.S. Borrower and the Swiss Subsidiary Borrower from time to time, on any Business Day during the period from the Fourth Restatement Effective Date until the Maturity Date, in an aggregate principal amount not to exceed at any time outstanding the amount of such LenderXxxxxx’s Swiss/Multicurrency Revolving Credit Commitment; provided that after giving effect to any Swiss/Multicurrency Revolving Credit Borrowing, the aggregate Outstanding Amount of the Swiss/Multicurrency Revolving Credit Loans of any Lender shall not exceed such LenderXxxxxx’s Swiss/Multicurrency Revolving Credit Commitment; and (iv) Within the limits of each Lender’s applicable Revolving Credit Commitment, and subject to the other terms and conditions hereof, the Borrowers may borrow under this Section 2.01(c), prepay under Section 2.05, and reborrow under this Section 2.01(c). The Revolving Credit Loans denominated in Dollars may be Base Rate Loans or Eurocurrency Rate RateTerm SOFR Loans and the Revolving Credit Loans denominated in Foreign Currencies shall be Eurocurrency Rate Loans, in each case, as further provided herein.

Appears in 1 contract

Samples: Credit Agreement (Iqvia Holdings Inc.)

The Revolving Credit Borrowings. Subject to the terms and conditions set forth herein, (i) Each each Hong Kong Revolving Credit Lender severally agrees to make loans in Dollars (each such loan, a “Hong Kong Revolving Credit Loan” and collectively, the “Hong Kong Revolving Credit Loans”) to the Hong Kong 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 amount of such Lender’s Hong Kong Revolving Credit Commitment and (ii) each U.S. Revolving Credit Lender severally agrees to make loans denominated in Dollars (each such loan, a “U.S. Revolving Credit Loan” and collectively, the “U.S. Revolving Credit Loans” and together with the Hong Kong Revolving Credit Loans, each a “Revolving Credit Loan” and collectively, the “Revolving Credit Loans”) to the Parent U.S. Borrower from time to time, on any Business Day during the period from the Fourth Restatement Effective Date until the Maturity DateAvailability Period, in an aggregate principal amount not to exceed at any time outstanding the amount of such Lender’s U.S. Revolving Credit Commitment; provided provided, however, that after giving effect to any U.S. Revolving Credit Borrowing, (i) the Total Revolving Credit Outstandings shall not exceed an amount equal to the Revolving Credit Facility less the Availability Reserve, (ii) the aggregate Outstanding Amount of the U.S. Revolving Credit Loans of any U.S. Revolving Credit Lender, plus such U.S. Revolving Credit Lender’s Pro Rata Share or other applicable share provided for under this Agreement Applicable Revolving Credit Percentage of the Outstanding Amount of (x) all U.S. L/C Obligations and (y) Obligations, plus such U.S. Revolving Credit Lender’s Applicable Revolving Credit Percentage of the Outstanding Amount of all Swing Line Loans, Loans shall not exceed such U.S. Revolving Credit Lender’s U.S. Revolving Credit Commitment; Commitment and (iiiii) Each Japanese Revolving Credit Lender severally agrees to make loans denominated in Dollars and/or Yen (each such loan, a “Japanese Revolving Credit Loan”) to the Parent Borrower and the Japanese Subsidiary Borrower from time to time, on any Business Day during the period from the Fourth Restatement Effective Date until the Maturity Date, in an aggregate principal amount not to exceed at any time outstanding the amount of such Lender’s Japanese Revolving Credit Commitment; provided that after giving effect to any Japanese Revolving Credit Borrowing, the aggregate Outstanding Amount of the Japanese Hong Kong Revolving Credit Loans of any Lender Hong Kong Revolving Credit Lender, plus such Hong Kong Revolving Credit Lender’s Applicable Revolving Credit Percentage of the Outstanding Amount of all Hong Kong L/C Obligations, shall not exceed such Hong Kong Revolving Credit Lender’s Japanese Hong Kong Revolving Credit Commitment; (iii) Each Swiss/Multicurrency Revolving Credit Lender severally agrees to make loans denominated in Dollars and/or Foreign Currencies (other than Yen) (each such loan, a “Swiss/Multicurrency Revolving Credit Loan”) to the Parent Borrower and the Swiss Subsidiary Borrower from time to time, on any Business Day during the period from the Fourth Restatement Effective Date until the Maturity Date, in an aggregate principal amount not to exceed at any time outstanding the amount of such Lender’s Swiss/Multicurrency Revolving Credit Commitment; provided that after giving effect to any Swiss/Multicurrency Revolving Credit Borrowing, the aggregate Outstanding Amount of the Swiss/Multicurrency Revolving Credit Loans of any Lender shall not exceed such Lender’s Swiss/Multicurrency Revolving Credit Commitment; and (iv) . Within the limits of each Revolving Credit Lender’s applicable Revolving Credit Commitment, and subject to the other terms and conditions hereof, the Borrowers may borrow under this Section 2.01(c2.01(b), prepay under Section 2.05, and reborrow under this Section 2.01(c2.01(b). The Revolving Credit Loans denominated in Dollars may be Base Rate Loans or Eurocurrency Rate Loans and the Revolving Credit Loans denominated in Foreign Currencies shall be Eurocurrency Eurodollar Rate Loans, in each case, as further provided herein.

Appears in 1 contract

Samples: Credit Agreement (GT Advanced Technologies Inc.)

The Revolving Credit Borrowings. (i) Each U.S. On the Amendment No. 5 Effective Date, in accordance with, and upon the terms and conditions set forth in, Amendment No. 5, (x) the Existing Revolving Credit Commitment and any Existing Revolving Credit Loans of each Non-Extended Revolving Credit Lender outstanding on such date shall continue hereunder and be reclassified as a Non-Extended Revolving Credit Commitment and Non- Extended Revolving Credit Loans, respectively, on such date and (y) the Existing Revolving Credit Commitment and any Existing Revolving Credit Loans of each Extended Revolving Credit Lender outstanding on such date shall continue hereunder and be reclassified as an Extended Revolving Credit Commitment and Extended Revolving Credit Loans, respectively, on such date. (ii) Subject to the terms and conditions set forth herein (A) each Non-Extended Revolving Credit Lender severally agrees to make revolving credit loans denominated in Dollars an Approved Currency to the Borrower from its applicable Lending Office (each such loan, a “U.S. Non-Extended Revolving Credit Loan”) to the Parent Borrower from time to timetime as elected by the Borrower pursuant to Section 2.02, on any Business Day during after the period from the Fourth Restatement Effective Closing Date until the Maturity DateDate with respect to such Non-Extended Revolving Credit Lenders’ applicable Non-Extended Revolving Credit Commitment, in an aggregate principal amount Principal Amount not to exceed at any time outstanding the amount of such Lender’s U.S. Non-Extended Revolving Credit Commitment and (B) each Extended Revolving Credit Lender severally agrees to make revolving credit loans denominated in an Approved Currency to the Borrower from its applicable Lending Office (each such loan, an “Extended Revolving Credit Loan”) from time to time as elected by the Borrower pursuant to Section 2.02, on any Business Day during the period from the Closing Date until the Maturity Date with respect to such Extended Revolving Credit Lender’s applicable Extended Revolving Credit Commitment, in an aggregate Principal Amount not to exceed at any time outstanding the amount of such Lender’s Extended Revolving Credit Commitment at such time; provided provided, in each case, that after giving effect to any U.S. Revolving Credit Borrowing, the aggregate Outstanding Amount of the U.S. Revolving Credit Loans of any Lender, plus such Lender’s Pro Rata Share or other applicable share provided for under this Agreement of the Outstanding Amount of (x) all L/C Obligations and (y) Obligations, plus such Lender’s Pro Rata Share or other applicable share provided for under this Agreement of the Outstanding Amount of all Swing Line Loans, Loans shall not exceed such Lender’s U.S. Revolving Credit Commitment; (ii) Each Japanese Revolving Credit Lender severally agrees to make loans denominated in Dollars and/or Yen (each such loan, a “Japanese Revolving Credit Loan”) to the Parent Borrower and the Japanese Subsidiary Borrower from time to time, on any Business Day during the period from the Fourth Restatement Effective Date until the Maturity Date, in an aggregate principal amount not to exceed at any time outstanding the amount of such Lender’s Japanese Revolving Credit Commitment; provided that after giving effect to any Japanese Revolving Credit Borrowing, the aggregate Outstanding Amount of the Japanese Revolving Credit Loans of any Lender shall not exceed such Lender’s Japanese Revolving Credit Commitment; (iii) Each Swiss/Multicurrency Revolving Credit Lender severally agrees to make loans denominated in Dollars and/or Foreign Currencies (other than Yen) (each such loan, a “Swiss/Multicurrency Revolving Credit Loan”) to the Parent Borrower and the Swiss Subsidiary Borrower from time to time, on any Business Day during the period from the Fourth Restatement Effective Date until the Maturity Date, in an aggregate principal amount not to exceed at any time outstanding the amount of such Lender’s Swiss/Multicurrency Revolving Credit Commitment; provided that after giving effect to any Swiss/Multicurrency Revolving Credit Borrowing, the aggregate Outstanding Amount of the Swiss/Multicurrency Revolving Credit Loans of any Lender shall not exceed such Lender’s Swiss/Multicurrency Revolving Credit Commitment; and (iv) . Within the limits of each Lender’s applicable Revolving Credit CommitmentCommitments, and subject to the other terms and conditions hereof, the Borrowers Borrower may borrow under this Section 2.01(c2.01(b)(ii), prepay under Section 2.05, and reborrow under this Section 2.01(c2.01(b)(ii). The Revolving Credit Loans denominated in Dollars may be Base Rate Loans or Eurocurrency Rate Loans and the Revolving Credit Loans denominated in Foreign Currencies shall be Eurocurrency Rate Loans, in each case, as further provided herein. (iii) From the Amendment No. 5 Effective Date until the Maturity Date with respect to the Non-Extended Revolving Credit Facility, all Revolving Credit Loans shall be made on a pro rata basis between the Non-Extended Revolving Credit Facility and the Extended Revolving Credit Facility. On the Maturity Date with respect to the Non-Extended Revolving Credit Facility, if the conditions set forth in Section 4.02(i) and (ii) are satisfied at such time, the Revolving Credit Loans of the Non-Extended Revolving Credit Lenders shall be reallocated to the Extended Revolving Credit Lenders ratably in accordance with their Pro Rata Share of the Extended Revolving Credit Commitments but in any case, only to the extent the sum of the Revolving Credit Loans of the Non-Extended Revolving Credit Lenders and Extended Revolving Credit Lenders plus the aggregate Outstanding Amount of all L/C Obligations and Swing Line Loans does not exceed the total Extended Revolving Credit Commitments at such time. (iv) Notwithstanding anything to the contrary in this Agreement: (A) on the Amendment No. 5 Effective Date, (x) Non-Extended Revolving Credit Loans and Extended Revolving Credit Loans shall be deemed made as Eurocurrency Rate Loans in a principal amount equal to the principal amount of the Existing Revolving Credit Loans reclassified as Non-Extended Revolving Credit Loans and Extended Revolving Credit Loans, as applicable, pursuant to Section 2.01(b)(i) that were outstanding as Eurocurrency Rate Loans at the time of reclassification (such Non-Extended Revolving Credit Loans and Extended Revolving Credit Loans to correspond in principal amount to the Existing Revolving Credit Loans so converted of a given Interest Period), (y) Interest Periods for the Non-Extended Revolving Credit Loans and the Extended Revolving Credit Loans described in clause (x) above shall end on the same dates as the Interest Periods applicable to the corresponding Existing Revolving Credit Loans described in clause (x) above, and the Eurocurrency Rates applicable to such Non-Extended Revolving Credit Loans and Extended Revolving Credit Loans during such Interest Periods shall be the same as those applicable to the Existing Revolving Credit Loans so reclassified, and (z) Non-Extended Revolving Credit Loans and Extended Revolving Credit Loans shall be deemed made as Base Rate Loans in a principal amount equal to the principal amount of Existing Revolving Credit Loans reclassified into Non-Extended Revolving Credit Loans and Extended Revolving Credit Loans, respectively, pursuant to Section 2.01(b)(i) that were outstanding as Base Rate Loans at the time of reclassification; and (B) each Non-Extended Revolving Credit Loan and Extended Revolving Credit Loan shall continue to be entitled to all accrued and unpaid interest with respect to the Existing Revolving Credit Loan from which such Non-Extended Revolving Credit Loan and Extended Revolving Credit Loan, as applicable, was reclassified up to but excluding the Amendment No. 5 Effective Date. No costs shall be payable under Section 3.05 in connection with transactions consummated under this Section 2.01(b)(iv).

Appears in 1 contract

Samples: Credit Agreement (Alight Group, Inc.)

AutoNDA by SimpleDocs

The Revolving Credit Borrowings. Subject to the terms and conditions set forth herein, (i) Each U.S. each Dollar Revolving Credit Lender severally agrees to make loans denominated in Dollars to any Borrower as elected by such Borrower pursuant to Section 2.02 (each such loan, a “U.S. Dollar Revolving Credit Loan”) to the Parent Borrower from time to time, on any Business Day during the period from the Fourth Restatement Effective Date until the Maturity DateDate during the Revolving Credit Commitment Period, in an aggregate principal amount Dollar Amount not to exceed at any time outstanding the amount of such Lender’s U.S. Revolving Credit Commitment; provided that after giving effect to any U.S. Revolving Credit Borrowing, the aggregate Outstanding Amount of the U.S. Revolving Credit Loans of any Lender, plus such Lender’s Pro Rata Share or other applicable share provided for under this Agreement of the Outstanding Amount of (x) all L/C Obligations and (y) all Swing Line Loans, shall not exceed such Lender’s U.S. Revolving Credit Commitment; (ii) Each Japanese each Euro Revolving Credit Lender severally agrees to make loans denominated in Dollars and/or Yen Euros to any Borrower as elected by such Borrower pursuant to Section 2.02 (each such loan, a an Japanese Euro Revolving Credit Loan”) to the Parent Borrower and the Japanese Subsidiary Borrower from time to time, on any Business Day during the period from the Fourth Restatement Effective Date until the Maturity Date, in an aggregate principal amount Dollar Amount not to exceed at any time outstanding the amount of such Lender’s Japanese Revolving Credit Commitment; provided that after giving effect to any Japanese Revolving Credit Borrowing, the aggregate Outstanding Amount of the Japanese Revolving Credit Loans of any Lender shall not exceed such Lender’s Japanese Revolving Credit Commitment; Commitment and (iii) Each Swiss/Multicurrency each Sterling Revolving Credit Lender severally agrees to make loans denominated in Dollars and/or Foreign Currencies (other than Yen) Sterling to any Borrower as elected by such Borrower pursuant to Section 2.02 (each such loan, a an Swiss/Multicurrency Sterling Revolving Credit Loan”) to the Parent Borrower and the Swiss Subsidiary Borrower from time to time, on any Business Day during the period from the Fourth Restatement Effective Date until the Maturity Date, in an aggregate principal amount Dollar Amount not to exceed at any time outstanding the amount of such Lender’s Swiss/Multicurrency Revolving Credit Commitment; provided that after giving effect to any Swiss/Multicurrency Revolving Credit Borrowing, (i) the aggregate Dollar Amount of the Outstanding Amount of the Swiss/Multicurrency Revolving Credit Loans of any Lender Revolving Credit Lender, plus such Dollar Amount of the Lender’s Pro Rata Share of the Outstanding Amount of all L/C Obligations, plus such Lender’s Pro Rata Share of the Outstanding Amount of all Swing Line Loans, shall not exceed such Lender’s Swiss/Multicurrency Revolving Credit Commitment; and , (ivii) the aggregate Dollar Amount of Euro Revolving Credit Loans and L/C Obligations in respect of Euro Letters of Credit shall not exceed the Euro Sublimit and (iii) the aggregate Dollar Amount of Sterling Revolving Credit Loans and L/C Obligations in respect of Sterling Letters of Credit shall not exceed the Sterling Sublimit. Within the limits of each Lender’s applicable Revolving Credit Commitment, and subject to the other terms and conditions hereof, the Borrowers each Borrower may borrow under this Section 2.01(c2.01(b), prepay under Section 2.05, and reborrow under this Section 2.01(c2.01(b). The Dollar Revolving Credit Loans denominated in Dollars may be Base Rate Loans or Eurocurrency Rate Loans Eurodollar Loans, as further provided herein, and the Euro Revolving Credit Loans denominated in Foreign Currencies shall must be Eurocurrency EURIBOR Loans and Sterling Revolving Credit Loans must be EURIBOR Eurodollar Rate Loans, in each case, case as further provided herein; provided that all Dollar Revolving Credit Loans made by each of the Lenders pursuant to the same Borrowing shall, unless otherwise specifically provided herein, consist entirely of Revolving Credit Loans of the same Type made to the same Borrower.

Appears in 1 contract

Samples: Credit Agreement (Sensata Technologies Holding PLC)

The Revolving Credit Borrowings. Subject to the terms and conditions set forth herein, (i) Each U.S. each Multicurrency Revolving Credit Lender severally agrees to make loans denominated in Dollars (each such loan, a “U.S. Multicurrency Revolving Credit Loan”) to the Parent Borrower Co-Borrowers in Dollars or in one or more Alternative Currencies from time to time, on any Business Day during the period from Availability Period for the Fourth Restatement Effective Date until the Maturity DateMulticurrency Revolving Credit Facility, in an aggregate principal amount not to exceed at any time outstanding the amount of such Lender’s U.S. Multicurrency Revolving Credit Commitment; provided that after giving effect to any U.S. Revolving Credit Borrowing, the aggregate Outstanding Amount of the U.S. Revolving Credit Loans of any Lender, plus such Lender’s Pro Rata Share or other applicable share provided for under this Agreement of the Outstanding Amount of (x) all L/C Obligations Commitment and (y) all Swing Line Loans, shall not exceed such Lender’s U.S. Revolving Credit Commitment; (ii) Each Japanese each US Dollar Revolving Credit Lender severally agrees to make loans denominated in Dollars and/or Yen (each such loan, a “Japanese US Dollar Revolving Credit Loan” and, together with the Multicurrency Revolving Credit Loans, the “Revolving Credit Loans”) to the Parent Borrower and the Japanese Subsidiary Borrower Co-Borrowers in Dollars from time to time, on any Business Day during the period from Availability Period for the Fourth Restatement Effective Date until the Maturity DateUS Dollar Revolving Credit Facility, in an aggregate principal amount not to exceed at any time outstanding the amount of such Lender’s Japanese US Dollar Revolving Credit Commitment; provided provided, however, that after giving effect to any Japanese Revolving Credit Borrowing, (i) the Total Revolving Credit Outstandings shall not exceed the Revolving Credit Facility, (ii) the aggregate Outstanding Amount of the Japanese Multicurrency Revolving Credit Loans of any Lender Multicurrency Revolving Credit Lender, plus such Multicurrency Revolving Credit Lender’s Applicable Revolving Credit Percentage of the Outstanding Amount of all L/C Obligations, plus such Multicurrency Revolving Credit Lender’s Applicable Revolving Credit Percentage of the Outstanding Amount of all Swing Line Loans shall not exceed such Lender’s Japanese Revolving Credit Commitment; (iii) Each Swiss/Multicurrency Revolving Credit Lender severally agrees to make loans denominated in Dollars and/or Foreign Currencies (other than Yen) (each such loan, a “Swiss/Multicurrency Revolving Credit Loan”) to the Parent Borrower and the Swiss Subsidiary Borrower from time to time, on any Business Day during the period from the Fourth Restatement Effective Date until the Maturity Date, in an aggregate principal amount not to exceed at any time outstanding the amount of such Lender’s Swiss/Multicurrency Revolving Credit Commitment; provided that after giving effect to any Swiss/Multicurrency Revolving Credit Borrowing, (iii) the aggregate Outstanding Amount of the Swiss/Multicurrency US Dollar Revolving Credit Loans of any US Dollar Revolving Credit Lender shall not exceed such US Dollar Revolving Credit Lender’s Swiss/Multicurrency US Dollar Revolving Credit Commitment; and Commitment and (iv) the Total Revolving Credit Outstandings denominated in Alternative Currencies shall not exceed the Alternative Currency Sublimit. Within the limits of each Revolving Credit Lender’s applicable Revolving Credit Commitment, and subject to the other terms and conditions hereof, the Co-Borrowers may borrow under this Section 2.01(c2.01(b), prepay under Section 2.05, and reborrow under this Section 2.01(c2.01 (b). The Revolving Credit Loans denominated in Dollars may be Base Rate Loans or Eurocurrency Rate Loans and the Revolving Credit Loans denominated in Foreign Currencies shall be Eurocurrency Rate Loans, in each case, all as further provided herein.

Appears in 1 contract

Samples: Credit Agreement (Kinetic Concepts Inc)

The Revolving Credit Borrowings. (i) Each U.S. On the Amendment No. 5 Operative7 Effective Date, in accordance with, and upon the terms and conditions set forth in, Amendment No. 57, (x) the Existing Revolving Credit Commitment and, until purchased pursuant to clause (iii) below, any Existing Revolving Credit Loans of each Non-Extended Revolving Credit Lender outstanding on such date shall continue hereunder and be reclassified as a Non-Extended Revolving Credit Commitment and Non-Extended Revolving Credit Loans, respectively, on such date and (y) the Existing Revolving Credit Commitment and, until purchased pursuant to clause (iii) any Existing Revolving Credit Loans of each Extended Revolving Credit Lender outstanding on such date shall continue hereunder and be reclassified as an Extended Revolving Credit Commitment and Extended Revolving Credit Loans, respectively, on such date. (ii) Subject to the terms and conditions set forth herein, (A) (A)each Non-Extended Revolving Credit Lender severally agrees to make loans Revolving Credit Loans denominated in Dollars to the Borrowers from its applicable Lending Office (each such loan, a “U.S. Non-Extended Revolving Credit Loan”) to the Parent Borrower from time to time, on any Business Day during after the period from the Fourth Restatement Effective Closing Date until the Maturity DateDate with respect to the Non-Extended Revolving Credit Facility, in an aggregate principal amount not to exceed at any time outstanding the amount of such Lender’s U.S. Non-Extended Revolving Credit Commitment; provided that after giving effect to any U.S. Revolving Credit Borrowing, the aggregate Outstanding Amount of the U.S. Revolving Credit Loans of any Lender, plus such Lender’s Pro Rata Share or other applicable share provided for under this Agreement of the Outstanding Amount of (x) all L/C Obligations Commitment and (yB) all Swing Line Loans, shall not exceed such Lender’s U.S. Revolving Credit Commitment; (ii) Each Japanese B)each Extended Revolving Credit Lender severally agrees to make loans Revolving Credit Loans denominated in Dollars and/or Yen to the Borrowers from its applicable Lending Office (each such loan, a an Japanese Extended Revolving Credit Loan”) to the Parent Borrower and the Japanese Subsidiary Borrower from time to time, on any Business Day during after the period from the Fourth Restatement Amendment No. 5 Operative7 Effective Date until the Maturity DateDate with respect to the Extended Revolving Credit Facility, in an aggregate principal amount not to exceed at any time outstanding the amount of such Lender’s Japanese Extended Revolving Credit Commitment; provided provided, in each case, that after giving effect to any Japanese such Revolving Credit BorrowingBorrowing of a particular Class, the aggregate Outstanding Amount of the Japanese Revolving Credit Loans of such Class of any Lender Lender, plus, such Lender’s Pro Rata Share of the Outstanding Amount of all L/C Obligations of such Class, plus, such Lender’s Pro Rata Share of the Outstanding Amount of all Swing Line Loans, shall not exceed such Lender’s Japanese Revolving Credit Commitment; (iii) Each Swiss/Multicurrency Revolving Credit Lender severally agrees to make loans denominated in Dollars and/or Foreign Currencies (other than Yen) (each such loan, a “Swiss/Multicurrency Revolving Credit Loan”) to the Parent Borrower and the Swiss Subsidiary Borrower from time to time, on any Business Day during the period from the Fourth Restatement Effective Date until the Maturity Date, in an aggregate principal amount not to exceed at any time outstanding the amount Commitment of such Lender’s Swiss/Multicurrency Revolving Credit Commitment; provided that after giving effect to any Swiss/Multicurrency Revolving Credit Borrowing, the aggregate Outstanding Amount of the Swiss/Multicurrency Revolving Credit Loans of any Lender shall not exceed such Lender’s Swiss/Multicurrency Revolving Credit Commitment; and (iv) Class. Within the limits of each Lender’s applicable Revolving Credit Commitment, and subject to the other terms and conditions hereof, the Borrowers may borrow Revolving Credit Loans under this Section 2.01(c‎Section 2.01(b)(ii), prepay under Section 2.05, and reborrow under this Section 2.01(c). The Revolving Credit Loans denominated in Dollars under ‎Section 2.04 and reborrow Revolving Credit Loans under this ‎ Section 2.01(b)(ii). Revolving Credit Loans may be Base Rate Loans or Eurocurrency Rate Loans and the Revolving Credit Loans denominated in Foreign Currencies shall be Eurocurrency Eurodollar Rate Loans, in each case, as further provided herein. The Borrowers shall be jointly and severally liable for such Revolving Credit Loans. (iii) FromOn the Amendment No. 5 Operative Date until the Maturity Date with respect to the7 Effective Date, each Extended Revolving Credit Lender shall purchase or sell at par such interests in the outstanding Revolving Credit Loans (including Non-Extended Revolving Credit Facility, all requests for Revolving Credit Loans shall automatically be deemed to be made, and such Revolving Credit Loans shall be fundedLoans) as may be specified by the Administrative Agent, on a pro rata basis between the Non-Extended to ensure that, immediately after giving effect to all such purchases and sales (x) all Revolving Credit Facility and theLoans are held by Extended Revolving Credit Facility. (iv) Lenders Notwithstanding anything to the contrary in this Agreement: (A) on the Amendment No. 5 Operative Date, (x) Non-Extended Revolving Credit Loans and Extended Revolving Credit Loans shall be deemed made as Eurodollar Rate Loans in a principal amount equal to the principal amount of the Existing Revolving Credit Loans reclassified as Non-Extended Revolving Credit Loans and Extended Revolving Credit Loans, as applicable, pursuant to Section 2.01(b)(i) that were outstanding as Eurodollar Rate Loans at the time of reclassification (such Non-Extended Revolving Credit Loans and Extended Revolving Credit Loans to correspond in principal amount to the Existing Revolving Credit Loans so converted of a given Interest Period), (y) Interest Periods for the Non-Extended Revolving Credit Loans and the Extended Revolving Credit Loans described in clause (x) above shall end on the same dates as the Interest Periods applicable to the corresponding Existing Revolving Credit Loans described in clause (x) above, and the Eurodollar Rates applicable to such Non-Extended Revolving Credit Loans and Extended Revolving Credit Loans during such Interest Periods shall be the same as those applicable to the Existing Revolving Credit Loans so reclassified, and (z) Non-Extended Revolving Credit Loans and Extended Revolving Credit Loans shall be deemed made as Base Rate Loans in a principal amount equal to the principal amount of Existing Revolving Credit Loans reclassified into Non-Extended Revolving Credit Loans and Extended Revolving Credit Loans, respectively, pursuant to Section 2.01(b)(i) that were outstanding as Base Rate Loans at the time of reclassification; and (B) eachand (y) each Extended Revolving Credit Lender holds its Applicable Percentage of the aggregate outstanding amount of Extended Revolving Credit Loans. Any purchase of a Non-Extended Revolving Credit Loan andby any Extended Revolving Credit Loan shall continue to be entitled to all accrued and unpaid interest with respect to the Existing Revolving Credit Loan from which suchLender shall result in the Non-Extended Revolving Credit Loan andbecoming an Extended Revolving Credit Loan, as applicable, was reclassified up to but excluding effective as of the Amendment No. 5

Appears in 1 contract

Samples: Credit Agreement (Uniti Group Inc.)

The Revolving Credit Borrowings. (i) Each U.S. On the Amendment No. 5 Effective Date, in accordance with, and upon the terms and conditions set forth in, Amendment No. 5, (x) the Existing Revolving Credit Commitment and any Existing Revolving Credit Loans of each Non-Extended Revolving Credit Lender outstanding on such date shall continue hereunder and be reclassified as a Non-Extended Revolving Credit Commitment and Non- Extended Revolving Credit Loans, respectively, on such date and (y) the Existing Revolving Credit Commitment and any Existing Revolving Credit Loans of each Extended Revolving Credit Lender outstanding on such date shall continue hereunder and be reclassified as an Extended Revolving Credit Commitment and Extended Revolving Credit Loans, respectively, on such date. (ii) Subject to the terms and conditions set forth herein (A) each Non-Extended Revolving Credit Lender severally agrees to make revolving credit loans denominated in Dollars an Approved Currency to the Borrower from its applicable Lending Office (each such loan, a “U.S. Non-Extended Revolving Credit Loan”) to the Parent Borrower from time to timetime as elected by the Borrower pursuant to ‎Section 2.02, on any Business Day after the Closing Date until the Maturity Date with respect to such Non-Extended Revolving Credit Lenders’ applicable Non-Extended Revolving Credit Commitment, in an aggregate Principal Amount not to exceed at any time outstanding the amount of such Lxxxxx’s Non-Extended Revolving Credit Commitment and (B) each Extended Revolving Credit Lender severally agrees to make revolving credit loans denominated in an Approved Currency to the Borrower from its applicable Lending Office (each such loan, an “Extended Revolving Credit Loan”) from time to time as elected by the Borrower pursuant to ‎Section 2.02, on any Business Day during the period from the Fourth Restatement Effective Closing Date until the Maturity DateDate with respect to such Extended Revolving Credit Lender’s applicable Extended Revolving Credit Commitment, in an aggregate principal amount Principal Amount not to exceed at any time outstanding the amount of such Lender’s U.S. Extended Revolving Credit CommitmentCommitment at such time; provided provided, in each case, that after giving effect to any U.S. Revolving Credit Borrowing, the aggregate Outstanding Amount of the U.S. Revolving Credit Loans of any Lender, plus such Lender’s Pro Rata Share or other applicable share provided for under this Agreement of the Outstanding Amount of (x) all L/C Obligations and (y) Obligations, plus such Lender’s Pro Rata Share or other applicable share provided for under this Agreement of the Outstanding Amount of all Swing Line Loans, Loans shall not exceed such LenderLxxxxx’s U.S. Revolving Credit Commitment; (ii) Each Japanese Revolving Credit Lender severally agrees to make loans denominated in Dollars and/or Yen (each such loan, a “Japanese Revolving Credit Loan”) to the Parent Borrower and the Japanese Subsidiary Borrower from time to time, on any Business Day during the period from the Fourth Restatement Effective Date until the Maturity Date, in an aggregate principal amount not to exceed at any time outstanding the amount of such Lender’s Japanese Revolving Credit Commitment; provided that after giving effect to any Japanese Revolving Credit Borrowing, the aggregate Outstanding Amount of the Japanese Revolving Credit Loans of any Lender shall not exceed such Lender’s Japanese Revolving Credit Commitment; (iii) Each Swiss/Multicurrency Revolving Credit Lender severally agrees to make loans denominated in Dollars and/or Foreign Currencies (other than Yen) (each such loan, a “Swiss/Multicurrency Revolving Credit Loan”) to the Parent Borrower and the Swiss Subsidiary Borrower from time to time, on any Business Day during the period from the Fourth Restatement Effective Date until the Maturity Date, in an aggregate principal amount not to exceed at any time outstanding the amount of such Lender’s Swiss/Multicurrency Revolving Credit Commitment; provided that after giving effect to any Swiss/Multicurrency Revolving Credit Borrowing, the aggregate Outstanding Amount of the Swiss/Multicurrency Revolving Credit Loans of any Lender shall not exceed such Lender’s Swiss/Multicurrency Revolving Credit Commitment; and (iv) . Within the limits of each Lender’s applicable Revolving Credit CommitmentCommitments, and subject to the other terms and conditions hereof, the Borrowers Borrower may borrow under this Section 2.01(c‎Section 2.01(b)(ii), prepay under Section ‎Section 2.05, and reborrow under this Section 2.01(c‎Section 2.01(b)(ii). The Revolving Credit Loans denominated in Dollars may be Base Rate Loans or Eurocurrency Rate Loans and the Revolving Credit Loans denominated in Foreign Currencies shall be Eurocurrency Rate Term SOFR Loans, in each case, as further provided herein. (iii) From the Amendment No. 5 Effective Date until the Maturity Date with respect to the Non-Extended Revolving Credit Facility, all Revolving Credit Loans shall be made on a pro rata basis between the Non-Extended Revolving Credit Facility and the Extended Revolving Credit Facility. On the Maturity Date with respect to the Non-Extended Revolving Credit Facility, if the conditions set forth in Section 4.02(i) and (ii) are satisfied at such time, the Revolving Credit Loans of the Non-Extended Revolving Credit Lenders shall be reallocated to the Extended Revolving Credit Lenders ratably in accordance with their Pro Rata Share of the Extended Revolving Credit Commitments but in any case, only to the extent the sum of the Revolving Credit Loans of the Non-Extended Revolving Credit Lenders and Extended Revolving Credit Lenders plus the aggregate Outstanding Amount of all L/C Obligations and Swing Line Loans does not exceed the total Extended Revolving Credit Commitments at such time. (iv) Notwithstanding anything to the contrary in this Agreement: (A) on the Amendment No. 5 Effective Date, (x) Non-Extended Revolving Credit Loans and Extended Revolving Credit Loans shall be deemed made as Eurocurrency Rate Loans in a principal amount equal to the principal amount of the Existing Revolving Credit Loans reclassified as Non-Extended Revolving Credit Loans and Extended Revolving Credit Loans, as applicable, pursuant to Section 2.01(b)(i) that were outstanding as Eurocurrency Rate Loans at the time of reclassification (such Non-Extended Revolving Credit Loans and Extended Revolving Credit Loans to correspond in principal amount to the Existing Revolving Credit Loans so converted of a given Interest Period), (y) Interest Periods for the Non-Extended Revolving Credit Loans and the Extended Revolving Credit Loans described in clause (x) above shall end on the same dates as the Interest Periods applicable to the corresponding Existing Revolving Credit Loans described in clause (x) above, and the Eurocurrency Rates applicable to such Non-Extended Revolving Credit Loans and Extended Revolving Credit Loans during such Interest Periods shall be the same as those applicable to the Existing Revolving Credit Loans so reclassified, and (z) Non-Extended Revolving Credit Loans and Extended Revolving Credit Loans shall be deemed made as Base Rate Loans in a principal amount equal to the principal amount of Existing Revolving Credit Loans reclassified into Non-Extended Revolving Credit Loans and Extended Revolving Credit Loans, respectively, pursuant to Section 2.01(b)(i) that were outstanding as Base Rate Loans at the time of reclassification; and (B) each Non-Extended Revolving Credit Loan and Extended Revolving Credit Loan shall continue to be entitled to all accrued and unpaid interest with respect to the Existing Revolving Credit Loan from which such Non-Extended Revolving Credit Loan and Extended Revolving Credit Loan, as applicable, was reclassified up to but excluding the Amendment No. 5 Effective Date. No costs shall be payable under Section 3.05 in connection with transactions consummated under this Section 2.01(b)(iv).

Appears in 1 contract

Samples: Credit Agreement (Alight, Inc. / Delaware)

The Revolving Credit Borrowings. Subject to the terms and conditions set forth herein, (i) Each each U.S. Revolving Credit Lender severally agrees to make loans denominated in Dollars (each such loan, a “U.S. Revolving Credit Loan”) to the Parent Borrower Borrowers in Dollars, from time to time, time on any Business Day during the period from the Fourth Restatement Effective Date until the Maturity DateAvailability Period, in an aggregate principal amount not to exceed at any time outstanding the amount of such U.S. Revolving Credit Lender’s U.S. Revolving Credit Commitment; and (ii) each Global Revolving Credit Lender severally agrees to make loans (each such loan, a “Global Revolving Credit Loan”) to the Borrowers in Dollars or in one or more Alternative Currencies, from time to time on any Business Day during the Availability Period, in an aggregate amount not to exceed at any time outstanding the amount of such Global Revolving Credit Lender’s Global Revolving Credit Commitment; provided that that, after giving effect to any Revolving Credit Borrowing: (A) (1) the Total U.S. Revolving Credit Borrowing, Outstandings shall not exceed the U.S. Revolving Credit Facility and (2) the Total Global Revolving Credit Outstandings shall not exceed the Global Revolving Credit Facility; (B) (1) the aggregate Outstanding Amount of the U.S. Revolving Credit Loans of any U.S. Revolving Credit Lender, plus such U.S. Revolving Credit Lender’s Pro Rata Share or other applicable share provided for under this Agreement Applicable Percentage of the Outstanding Amount of (x) all L/C Obligations and (y) Obligations, plus such U.S. Revolving Credit Lender’s Applicable Percentage of the Outstanding Amount of all Swing Line Loans, Loans shall not exceed such U.S. Revolving Credit Lender’s U.S. Revolving Credit Commitment; ; and (ii2) Each Japanese Revolving Credit Lender severally agrees to make loans denominated in Dollars and/or Yen (each such loan, a “Japanese Revolving Credit Loan”) to the Parent Borrower and the Japanese Subsidiary Borrower from time to time, on any Business Day during the period from the Fourth Restatement Effective Date until the Maturity Date, in an aggregate principal amount not to exceed at any time outstanding the amount of such Lender’s Japanese Revolving Credit Commitment; provided that after giving effect to any Japanese Revolving Credit Borrowing, the aggregate Outstanding Amount of the Japanese Global Revolving Credit Loans of any Global Revolving Credit Lender shall not exceed such Global Revolving Credit Lender’s Japanese Revolving Credit Commitment; (iii) Each Swiss/Multicurrency Revolving Credit Lender severally agrees to make loans denominated in Dollars and/or Foreign Currencies (other than Yen) (each such loan, a “Swiss/Multicurrency Revolving Credit Loan”) to the Parent Borrower and the Swiss Subsidiary Borrower from time to time, on any Business Day during the period from the Fourth Restatement Effective Date until the Maturity Date, in an aggregate principal amount not to exceed at any time outstanding the amount of such Lender’s Swiss/Multicurrency Revolving Credit Commitment; provided that after giving effect to any Swiss/Multicurrency Revolving Credit Borrowing, the aggregate Outstanding Amount of the Swiss/Multicurrency Revolving Credit Loans of any Lender shall not exceed such Lender’s Swiss/Multicurrency Global Revolving Credit Commitment; and (ivC) the aggregate Outstanding Amount of all Revolving Credit Loans made to the Designated Borrowers shall not exceed the Designated Borrower Sublimit. Within the limits of each Revolving Credit Lender’s applicable Revolving Credit Commitment, and subject to the other terms and conditions hereof, the Borrowers may borrow under this Section 2.01(c2.01(b), prepay under Section 2.05, and reborrow under this Section 2.01(c2.01(b). The Revolving Credit Loans denominated in Dollars may be Base Rate Loans or Eurocurrency Rate Loans and the Revolving Credit Loans denominated in Foreign Currencies shall be Eurocurrency Eurodollar Rate Loans, in each case, as further provided herein.

Appears in 1 contract

Samples: Credit Agreement (Greif Inc)

The Revolving Credit Borrowings. Subject to the terms and conditions set forth herein, (i) Each U.S. each Multicurrency Revolving Credit Lender severally agrees to make loans denominated in Dollars (each such loan, a “U.S. Multicurrency Revolving Credit Loan”) to the Parent Borrower applicable Borrower(s) in Dollars or in one or more Alternative Currencies from time to time, on any Business Day during the period Availability Period, with respect to each Class of Revolving Credit Facility, (xw) in the case of the Revolving Credit Facility in effect prior to the Restatement Date, such Revolving Credit Facility from the Fourth Closing Date until the Restatement Date, (yx) in the case of the 2017 Revolving Credit Facility, from the Restatement Date until the First Amendment Effective Date and, (zy) in the case of the 2018 Revolving Credit Facility, from and after the First Amendment Effective Date until the Maturity Second Amendment Effective Date and (z) in the case of the 2021 Revolving Credit Facility, from and after the Second Amendment Effective Date, for the Multicurrency Revolving Credit Facility, in an aggregate principal amount not to exceed at any time outstanding the amount of such Multicurrency Revolving Credit Lender’s U.S. Multicurrency Revolving Credit Commitment; provided that after giving effect to any U.S. Revolving Credit Borrowing, the aggregate Outstanding Amount of the U.S. Revolving Credit Loans of any Lender, plus such Lender’s Pro Rata Share or other applicable share provided for under this Agreement of the Outstanding Amount of (x) all L/C Obligations Commitment and (y) all Swing Line Loans, shall not exceed such Lender’s U.S. Revolving Credit Commitment; (ii) Each Japanese each USD Revolving Credit Lender severally agrees to make loans denominated in Dollars and/or Yen (each such loan, a “Japanese USD Revolving Credit Loan”) to the Parent Borrower and the Japanese Subsidiary Borrower applicable Borrower(s) in Dollars from time to time, on any Business Day during the period Availability Period with respect to each Class of Revolving Credit Facility, (xw) in the case of the Revolving Credit Facility in effect prior to the Restatement Date, such Revolving Credit Facility from the Fourth Closing Date until the Restatement Date, (yx) in the case of the 2017 Revolving Credit Facility, from the Restatement Date until the First Amendment Effective Date and, (zy) in the case of the 2018 Revolving Credit Facility, from and after the First Amendment Effective Date until the Maturity Second Amendment Effective Date and (z) in the case of the 2021 Revolving Credit Facility, from and after the Second Amendment Effective Date, for the USD Revolving Credit Facility, in an aggregate principal amount not to exceed at any time outstanding the amount of such USD Revolving Credit Lender’s Japanese USD Revolving Credit Commitment; provided provided, however, that after giving effect to any Japanese Revolving Credit Borrowing, (i) the Total Revolving Credit Outstandings shall not exceed the Aggregate Revolving Commitments, (ii) the Multicurrency Revolving Credit Exposure of any Multicurrency Revolving Credit Lender shall not exceed such Multicurrency Revolving Credit Lender’s Multicurrency Revolving Credit Commitment, (iii) the USD Revolving Credit Exposure of any USD Revolving Credit Lender shall not exceed such USD Revolving Credit Lender’s USD Revolving Credit Commitment, (iv) the aggregate Outstanding Amount of the Japanese all Revolving Credit Loans of any Lender made to the Designated Borrowers shall not exceed such Lender’s Japanese Revolving Credit Commitment; the Designated Borrower Sublimit, (iiiv) Each Swiss/Multicurrency Revolving Credit Lender severally agrees to make loans denominated in Dollars and/or Foreign Currencies (other than Yen) (each such loan, a “Swiss/Multicurrency Revolving Credit Loan”) to the Parent Borrower and the Swiss Subsidiary Borrower from time to time, on any Business Day during the period from the Fourth Restatement Effective Date until the Maturity Date, in an aggregate principal amount not to exceed at any time outstanding the amount of such Lender’s Swiss/Multicurrency Revolving Credit Commitment; provided that after giving effect to any Swiss/Multicurrency Revolving Credit Borrowing, the aggregate Outstanding Amount of the Swiss/all Multicurrency Revolving Credit Loans of any Lender denominated in Alternative Currencies shall not exceed such Lender’s Swiss/Multicurrency the Alternative Currency Sublimit and (vi) the aggregate Outstanding Amount of all Revolving Credit Commitment; and (iv) Loans made to the U.K. Borrower shall not exceed the U.K. Borrower Sublimit. Within the limits of each Revolving Credit Lender’s applicable Revolving Credit Commitment, and subject to the other terms and conditions hereof, the Borrowers may borrow under this Section 2.01(c2.01(b), prepay under Section 2.05, and reborrow under this Section 2.01(c2.01(b). The Revolving Credit Loans denominated in Dollars may be Base Rate Loans, LIBOR Daily Floating Rate Loans or Eurocurrency Rate Loans and the Loans, as further provided herein. Revolving Credit Loans denominated in Foreign Currencies shall an Alternative Currency must be Eurocurrency EurocurrencyAlternative Currency Daily Rate Loans or Alternative Currency Term Rate Loans, in each case, as further provided hereinapplicable.

Appears in 1 contract

Samples: Refinancing Amendment (Hologic Inc)

The Revolving Credit Borrowings. Subject to the terms and conditions set forth herein, (i) Each U.S. each Dollar Revolving Credit Lender severally agrees to make loans denominated in Dollars to anythe Borrower as elected by suchthe Borrower pursuant to Section 2.02 (each such loan, a “U.S. Dollar Revolving Credit Loan”) to the Parent Borrower from time to time, on any Business Day during the period from the Fourth Restatement Effective Date until the Maturity DateDate during the Revolving Credit Commitment Period, in an aggregate principal amount Dollar Amount not to exceed at any time outstanding the amount of such Lender’s U.S. Revolving Credit Commitment; provided that after giving effect to any U.S. Revolving Credit Borrowing, the aggregate Outstanding Amount of the U.S. Revolving Credit Loans of any Lender, plus such Lender’s Pro Rata Share or other applicable share provided for under this Agreement of the Outstanding Amount of (x) all L/C Obligations and (y) all Swing Line Loans, shall not exceed such Lender’s U.S. Revolving Credit Commitment; (ii) Each Japanese each Euro Revolving Credit Lender severally agrees to make loans denominated in Dollars and/or Yen Euros to anythe Borrower as elected by suchthe Borrower pursuant to Section 2.02 (each such loan, a an Japanese Euro Revolving Credit Loan”) to the Parent Borrower and the Japanese Subsidiary Borrower from time to time, on any Business Day during the period from the Fourth Restatement Effective Date until the Maturity Date, in an aggregate principal amount Dollar Amount not to exceed at any time outstanding the amount of such Lender’s Japanese Revolving Credit Commitment; provided that after giving effect to any Japanese Revolving Credit Borrowing, the aggregate Outstanding Amount of the Japanese Revolving Credit Loans of any Lender shall not exceed such Lender’s Japanese Revolving Credit Commitment; Commitment and (iii) Each Swiss/Multicurrency each Sterling Revolving Credit Lender severally agrees to make loans denominated in Dollars and/or Foreign Currencies (other than Yen) Sterling to anythe Borrower as elected by suchthe Borrower pursuant to Section 2.02 (each such loan, a an Swiss/Multicurrency Sterling Revolving Credit Loan”) to the Parent Borrower and the Swiss Subsidiary Borrower from time to time, on any Business Day during the period from the Fourth Restatement Effective Date until the Maturity Date, in an aggregate principal amount Dollar Amount not to exceed at any time outstanding the amount of such Lender’s Swiss/Multicurrency Revolving Credit Commitment; provided that after giving effect to any Swiss/Multicurrency Revolving Credit Borrowing, (i) the aggregate Dollar Amount of the Outstanding Amount of the Swiss/Multicurrency Revolving Credit Loans of any Lender Revolving Credit Lender, plus such Dollar Amount of the Lender’s Pro Rata Share of the Outstanding Amount of all L/C Obligations, plus such Lender’s Pro Rata Share of the Outstanding Amount of all Swing Line Loans, shall not exceed such Lender’s Swiss/Multicurrency Revolving Credit Commitment; and , (ivii) the aggregate Dollar Amount of Euro Revolving Credit Loans and L/C Obligations in respect of Euro Letters of Credit shall not exceed the Euro Sublimit and (iii) the aggregate Dollar Amount of Sterling Revolving Credit Loans and L/C Obligations in respect of Sterling Letters of Credit shall not exceed the Sterling Sublimit. Within the limits of each Lender’s applicable Revolving Credit Commitment, and subject to the other terms and conditions hereof, the Borrowers eachthe Borrower may borrow under this Section 2.01(c2.01(b), prepay under Section 2.05, and reborrow under this Section 2.01(c2.01(b). The Dollar Revolving Credit Loans denominated in Dollars may be Base Rate Loans or Eurocurrency Rate Loans and the Eurodollar Loans, Euro Revolving Credit Loans denominated in Foreign Currencies shall must be Eurocurrency EURIBOR Loans, and Sterling NYDOCS01/1760806.13 Revolving Credit Loans must be Eurodollar Rate Loans, in each case, case as further provided herein; provided that all Dollar Revolving Credit Loans made by each of the Lenders pursuant to the same Borrowing shall, unless otherwise specifically provided herein, consist entirely of Revolving Credit Loans of the same Type made to the same Borrower.

Appears in 1 contract

Samples: Credit Agreement (Sensata Technologies Holding PLC)

The Revolving Credit Borrowings. (i) Each U.S. Revolving Credit Subject to the terms and conditions set forth herein, each Lender severally agrees to make (i) loans denominated in Dollars to the U.S. Borrowers as elected by the Parent Borrower pursuant to Section 2.02 (each such loan, a “U.S. Revolving Credit Loan”) to the Parent Borrower from time to time, on any Business Day during after the period from the Fourth Restatement Effective Closing Date until the Maturity Date, Date in an aggregate principal amount not to exceed at any time outstanding the amount of such Lender’s U.S. Revolving Credit Commitment or (ii) loans denominated in Euros to the Dutch Borrowers as elected by the Dutch Parent Borrower pursuant to Section 2.02 (each such loan, a “Dutch Revolving Credit Loan” and together with U.S. Revolving Credit Loan, a “Revolving Credit Loan”) from time to time, on any Business Day after the Dutch Closing Date until the Maturity Date in an aggregate principal amount not to exceed at any time outstanding the amount of such Lender’s Dutch Revolving Credit Commitment; provided that (A) after giving effect to any U.S. Revolving Credit Borrowing, the aggregate Outstanding Amount of the U.S. Revolving Credit Loans of any Lender, plus such Lender’s Pro Rata Share or other applicable share provided for under this Agreement of the Outstanding Amount of (x) all U.S. L/C Obligations and (y) Obligations, plus such Lender’s Pro Rata Share of the Outstanding Amount of all Swing Line Loans, Loans plus such Lender’s Pro Rata Share of the Outstanding Amount of all Protective Advances under the U.S. Subfacility shall not exceed such Lender’s U.S. Revolving Credit Commitment; , and (iiB) Each Japanese Revolving Credit Lender severally agrees to make loans denominated in Dollars and/or Yen (each such loan, a “Japanese Revolving Credit Loan”) to the Parent Borrower and the Japanese Subsidiary Borrower from time to time, on any Business Day during the period from the Fourth Restatement Effective Date until the Maturity Date, in an aggregate principal amount not to exceed at any time outstanding the amount of such Lender’s Japanese Revolving Credit Commitment; provided that after giving effect to any Japanese Dutch Revolving Credit Borrowing, the aggregate Outstanding Amount of the Japanese Dutch Revolving Credit Loans of any Lender Lender, plus such Lender’s Pro Rata Share of the Outstanding Amount of all Dutch L/C Obligations plus such Lender’s Pro Rata Share of the Outstanding Amount of all Protective Advances under the Dutch Subfacility, shall not exceed such Lender’s Japanese Dutch Revolving Credit Commitment; (iii) Each Swiss/Multicurrency Revolving Credit Lender severally agrees to make loans denominated in Dollars and/or Foreign Currencies (other than Yen) (each such loan, a “Swiss/Multicurrency Revolving Credit Loan”) to the Parent Borrower and the Swiss Subsidiary Borrower from time to time, on any Business Day during the period from the Fourth Restatement Effective Date until the Maturity Date, in an aggregate principal amount not to exceed at any time outstanding the amount of such Lender’s Swiss/Multicurrency Revolving Credit Commitment; provided that after giving effect to any Swiss/Multicurrency Revolving Credit Borrowing, the aggregate Outstanding Amount of the Swiss/Multicurrency Revolving Credit Loans of any Lender shall not exceed such Lender’s Swiss/Multicurrency Revolving Credit Commitment; and (iv) Commitments. Within the limits of each Lender’s applicable Revolving Credit CommitmentCommitment under each applicable Subfacility, and subject to the other terms and conditions hereof, the U.S. Borrowers may borrow under this Section 2.01(c2.01(a), prepay under Section 2.05, and reborrow under this Section 2.01(c2.01(a) under the U.S. Subfacility and the Dutch Borrowers may borrow under this Section 2.01(a). The , and reborrow under this Section 2.01(a) under the Dutch Subfacility; provided that (A) in the case of the U.S. Subfacility, such U.S. Revolving Credit Loans denominated shall not, after giving effect thereto and to the application of the proceeds thereof, result at such time in Dollars the aggregate U.S. Revolving Credit Exposures’ exceeding the lesser of (x) the U.S. Borrowing Base and (y) the aggregate U.S. Revolving Credit Commitments and (B) in the case of the Dutch Subfacility, such Dutch Revolving Credit Loans shall not, after giving effect thereto and to the application of the proceeds thereof, result at such time in the aggregate Dutch Revolving Credit Exposures’ exceeding the lesser of (x) the Dutch Borrowing Base and (y) the Dutch Revolving Credit Commitments, in each case as then in effect (subject to Section 2.01(b)) and the Borrowers may prepay under Section 2.05. For the avoidance of doubt, and for purposes of this Agreement, the U.S. Borrowers shall be permitted to borrow only under the U.S. Subfacility and against the U.S. Borrowing Base and the Dutch Borrowers shall be permitted to borrow only under the Dutch Subfacility and against the Dutch Borrowing Base. Revolving Credit Loans under either Subfacility may be Base Rate Loans or Eurocurrency Rate Loans and the Revolving Credit Loans denominated in Foreign Currencies shall be Eurocurrency Rate Loans, in each case, as further provided herein.

Appears in 1 contract

Samples: Credit Agreement (LVB Acquisition, Inc.)

The Revolving Credit Borrowings. Subject to the terms and conditions set forth herein, (i) Each U.S. each Dollar Revolving Credit Lender severally agrees to make loans denominated in Dollars to the Borrower as elected by the Borrower pursuant to Section 2.02 (each such loan, a “U.S. Dollar Revolving Credit Loan”) to the Parent Borrower from time to time, on any Business Day during the period from the Fourth Restatement Effective Date until the Maturity DateDate applicable with respect to the Revolving Credit Facilities, in an aggregate principal amount Dollar Amount not to exceed at any time outstanding the amount of such Lender’s U.S. Dollar Revolving Credit Commitment; provided that after giving effect to any U.S. Dollar Revolving Credit Borrowing, the aggregate Outstanding Amount of the U.S. Dollar Revolving Credit Loans of any Lender, plus such Lender’s Pro Rata Share or other applicable share provided for under this Agreement of the Outstanding Amount of (x) all Dollar Revolving L/C Obligations and (y) Obligations, plus such Lender’s Pro Rata Share of the Outstanding Amount of all Swing Line Loans, Loans shall not exceed such Lender’s U.S. Dollar Revolving Credit Commitment; ; and (ii) Each Japanese each Alternative Currency Revolving Credit Lender severally agrees to make loans denominated in Dollars and/or Yen an Alternative Currency to the Borrower as elected by the Borrower pursuant to Section 2.02 (each such loan, a an Japanese Alternative Currency Revolving Credit Loan”) to the Parent Borrower and the Japanese Subsidiary Borrower from time to time, on any Business Day during the period from the Fourth Restatement Effective Date until the Maturity DateDate applicable with respect to the Revolving Credit Facilities, in an aggregate principal amount Dollar Amount not to exceed at any time outstanding the amount of such Lender’s Japanese Alternative Currency Revolving Credit Commitment; provided that after giving effect to any Japanese Alternative Currency Revolving Credit Borrowing, the aggregate Outstanding Amount of the Japanese Alternative Currency Revolving Credit Loans of any Lender Lender, plus such Lender’s Pro Rata Share of the Outstanding Amount of all Alternative Currency Revolving L/C Obligations, shall not exceed such Lender’s Japanese Alternative Currency Revolving Credit Commitment; (iii) Each Swiss/Multicurrency Revolving Credit Lender severally agrees to make loans denominated in Dollars and/or Foreign Currencies (other than Yen) (each such loan, a “Swiss/Multicurrency Revolving Credit Loan”) to the Parent Borrower and the Swiss Subsidiary Borrower from time to time, on any Business Day during the period from the Fourth Restatement Effective Date until the Maturity Date, in an aggregate principal amount not to exceed at any time outstanding the amount of such Lender’s Swiss/Multicurrency Revolving Credit Commitment; provided that after giving effect to any Swiss/Multicurrency Revolving Credit Borrowing, the aggregate Outstanding Amount of the Swiss/Multicurrency Revolving Credit Loans of any Lender shall not exceed such Lender’s Swiss/Multicurrency Revolving Credit Commitment; and (iv) . Within the limits of each Lender’s applicable Revolving Credit Commitment, and subject to the other terms and conditions hereof, the Borrowers Borrower may borrow under this Section 2.01(c), prepay under Section 2.05, and reborrow under this Section 2.01(c). The Dollar Revolving Credit Loans denominated in Dollars may be Base Rate Loans or Eurocurrency Rate Loans Loans, as further provided herein, and the Alternative Currency Revolving Credit Loans denominated in Foreign Currencies shall must be Eurocurrency Rate Loans, in each case, as further provided herein.

Appears in 1 contract

Samples: Credit Agreement (Travelport LTD)

The Revolving Credit Borrowings. (i) Each U.S. Subject to the terms and conditions set forth herein each Class A Revolving Credit Lender severally agrees to make loans denominated in Dollars Class A Revolving Credit Loans to the Borrower as elected by the Borrower pursuant to Section 2.02 (each such loan, a “U.S. Class A Revolving Credit Loan”) to the Parent Borrower from time to time, on any Business Day during after the period from the Fourth Restatement Effective Date until the Class A Revolving Credit Facility Maturity Date, in an aggregate principal amount not to exceed at any time outstanding the amount of such Class A Revolving Credit Lender’s U.S. Class A Revolving Credit Commitment; provided that after giving effect to any U.S. Class A Revolving Credit Borrowing, the aggregate Outstanding Amount of the U.S. Class A Revolving Credit Loans of any Class A Revolving Credit Lender, plus such Class A Revolving Credit Lender’s Pro Rata Share or other applicable share provided for under this Agreement of the Outstanding Amount of (x) all L/C Obligations and (y) Obligations, plus such Class A Revolving Credit Lender’s Pro Rata Share of the Outstanding Amount of all Swing Line Loans, Loans shall not exceed such Class A Revolving Credit Lender’s U.S. Class A Revolving Credit Commitment; (ii) Each Japanese Revolving Credit Lender severally agrees to make loans denominated in Dollars and/or Yen (each such loan, a “Japanese Revolving Credit Loan”) to the Parent Borrower and the Japanese Subsidiary Borrower from time to time, on any Business Day during the period from the Fourth Restatement Effective Date until the Maturity Date, in an aggregate principal amount not to exceed at any time outstanding the amount of such Lender’s Japanese Revolving Credit Commitment; provided that after giving effect to any Japanese Revolving Credit Borrowing, the aggregate Outstanding Amount of the Japanese Revolving Credit Loans of any Lender shall not exceed such Lender’s Japanese Revolving Credit Commitment; (iii) Each Swiss/Multicurrency Revolving Credit Lender severally agrees to make loans denominated in Dollars and/or Foreign Currencies (other than Yen) (each such loan, a “Swiss/Multicurrency Revolving Credit Loan”) to the Parent Borrower and the Swiss Subsidiary Borrower from time to time, on any Business Day during the period from the Fourth Restatement Effective Date until the Maturity Date, in an aggregate principal amount not to exceed at any time outstanding the amount of such Lender’s Swiss/Multicurrency Revolving Credit Commitment; provided that after giving effect to any Swiss/Multicurrency Revolving Credit Borrowing, the aggregate Outstanding Amount of the Swiss/Multicurrency Revolving Credit Loans of any Lender shall not exceed such Lender’s Swiss/Multicurrency Revolving Credit Commitment; and (iv) . Within the limits of each Class A Revolving Credit Lender’s applicable Class A Revolving Credit Commitment, and subject to the other terms and conditions hereof, the Borrowers Borrower may borrow under this Section 2.01(c2.01(b)(i), prepay under Section 2.05, and reborrow under this Section 2.01(c2.01(b)(i). The Class A Revolving Credit Loans denominated in Dollars may be Base Rate Loans or Eurocurrency Rate Loans and the Revolving Credit Loans denominated in Foreign Currencies shall be Eurocurrency Rate LIBOR Loans, in each case, as further provided herein. (ii) Subject to the terms and conditions set forth herein each Class B Revolving Credit Lender severally agrees to make Class B Revolving Credit Loans to the Borrower as elected by the Borrower pursuant to Section 2.02 (each such loan, a “Class B Revolving Credit Loan”) from time to time, on any Business Day after the Restatement Effective Date until the Class B Revolving Credit Facility Maturity Date (provided that each Class B Revolving Credit Lender agrees to make loans in an aggregate amount not exceeding its Pro Rata Share of the initial Class B Revolving Borrowing, at the request of the Borrower, on the Restatement Effective Date), in an aggregate amount not to exceed at any time outstanding the amount of such Class B Revolving Credit Lender’s Class B Revolving Credit Commitment; provided that after giving effect to any Class B Revolving Credit Borrowing, the aggregate Outstanding Amount of the Class B Revolving Credit Loans of any Class B Revolving Credit Lender, plus such Class B Revolving Credit Lender’s Pro Rata Share of the Outstanding Amount of all L/C Obligations, plus such Class B Revolving Credit Lender’s Pro Rata Share of the Outstanding Amount of all Swing Line Loans shall not exceed such Class B Revolving Credit Lender’s Class B Revolving Credit Commitment. Within the limits of each Class B Revolving Credit Lender’s Class B Revolving Credit Commitment, and subject to the other terms and conditions hereof, the Borrower may borrow under this Section 2.01(b)(ii), prepay under Section 2.05, and reborrow under this Section 2.01(b)(ii). Class B Revolving Credit Loans may be Base Rate Loans or LIBOR Loans, as further provided herein. (iii) Subject to the terms and conditions set forth herein, on the Restatement Effective Date (A) each Revolving Credit Commitment under the Existing Credit Agreement and each funded Revolving Credit Loan thereunder, held by a Lender that does not approve the Amendment and Restatement Agreement shall be redesignated as Class A Revolving Credit Commitment and a Class A Revolving Credit Loan, respectively, and (B) each Revolving Credit Commitment under the Existing Credit Agreement, and each funded Revolving Credit Loan thereunder, held by a Lender that approves the Amendment and Restatement Agreement shall be redesignated as a Class B Revolving Credit Commitment and a Class B Revolving Credit Loan, respectively. (iv) Notwithstanding anything to the contrary herein, until the Class A Revolving Credit Facility Maturity Date, each Borrowing of Revolving Credit Loans shall consist of Class A Revolving Credit Loans and Class B Revolving Credit Loans made by the Class A Revolving Credit Lenders and the Class B Revolving Credit Lenders ratably in accordance with their respective Commitments in respect of the Revolving Credit Facility on the date such Loans are made hereunder (and, thereafter, each Borrowing of Revolving Credit Loans shall consist of Class B Revolving Credit Loans made by Class B Revolving Credit Lenders ratably in accordance with their respective Class B Revolving Credit Facility Commitments on the date such Loans are made hereunder).

Appears in 1 contract

Samples: Amendment and Restatement Agreement (ASC Acquisition LLC)

The Revolving Credit Borrowings. Subject to the terms and conditions set forth herein, (i) Each U.S. each Dollar Revolving Credit Lender severally agrees to make loans denominated in Dollars to the Borrower as elected by the Borrower pursuant to Section 2.02 (each such loan, a “U.S. Dollar Revolving Credit Loan”) to the Parent Borrower from time to time, on any Business Day during the period from the Fourth Restatement Effective Date until the Maturity DateDate with respect to its Dollar Revolving Credit Commitment, in an aggregate principal amount Dollar Amount not to exceed at any time outstanding the amount of such Lender’s U.S. Dollar Revolving Credit Commitment; provided that after giving effect to any U.S. Dollar Revolving Credit Borrowing, the aggregate Outstanding Amount of the U.S. Dollar Revolving Credit Loans of any Lender, plus such Lender’s Pro Rata Share or other applicable share provided for under this Agreement (determined on the basis of the aggregate amount of its Dollar Revolving Credit Commitment as a percentage of the Aggregate Dollar Revolving Credit Commitments) of the Outstanding Amount of (x) all Dollar Revolving L/C Obligations and Obligations, plus such Lender’s Pro Rata Share (ydetermined on the basis of the aggregate amount of its Dollar Revolving Credit Commitment as a percentage of the Aggregate Dollar Revolving Credit Commitments) of the Outstanding Amount of all Swing Line Loans, Loans shall not exceed such Lender’s U.S. Dollar Revolving Credit Commitment; ; and (ii) Each Japanese each Alternative Currency Revolving Credit Lender severally agrees to make loans denominated in Dollars and/or Yen an Alternative Currency to the Borrower as elected by the Borrower pursuant to Section 2.02 (each such loan, a an Japanese Alternative Currency Revolving Credit Loan”) to the Parent Borrower and the Japanese Subsidiary Borrower from time to time, on any Business Day during the period from the Fourth Restatement Effective Date until the Maturity DateDate with respect to its Alternative Currency Revolving Credit Commitment, in an aggregate principal amount Dollar Amount not to exceed at any time outstanding the amount of such Lender’s Japanese Alternative Currency Revolving Credit Commitment; provided that after giving effect to any Japanese Alternative Currency Revolving Credit Borrowing, the aggregate Outstanding Amount of the Japanese Alternative Currency Revolving Credit Loans of any Lender Lender, plus such Lender’s Pro Rata Share (determined on the basis of the aggregate amount of its Alternative Currency Revolving Credit Commitment as a percentage of the Aggregate Alternative Currency Revolving Credit Commitments) of the Outstanding Amount of all Alternative Currency Revolving L/C Obligations, shall not exceed such Lender’s Japanese Alternative Currency Revolving Credit Commitment; (iii) Each Swiss/Multicurrency Revolving Credit Lender severally agrees to make loans denominated in Dollars and/or Foreign Currencies (other than Yen) (each such loan, a “Swiss/Multicurrency Revolving Credit Loan”) to the Parent Borrower and the Swiss Subsidiary Borrower from time to time, on any Business Day during the period from the Fourth Restatement Effective Date until the Maturity Date, in an aggregate principal amount not to exceed at any time outstanding the amount of such Lender’s Swiss/Multicurrency Revolving Credit Commitment; provided that after giving effect to any Swiss/Multicurrency Revolving Credit Borrowing, the aggregate Outstanding Amount of the Swiss/Multicurrency Revolving Credit Loans of any Lender shall not exceed such Lender’s Swiss/Multicurrency Revolving Credit Commitment; and (iv) . Within the limits of each Lender’s applicable Revolving Credit Commitment, and subject to the other terms and conditions hereof, the Borrowers Borrower may borrow under this Section 2.01(c), prepay under Section 2.05, and reborrow under this Section 2.01(c). The Dollar Revolving Credit Loans denominated in Dollars may be Base Rate Loans or Eurocurrency Rate Loans Loans, as further provided herein, and the Alternative Currency Revolving Credit Loans denominated in Foreign Currencies shall must be Eurocurrency Rate Loans, in each case, as further provided herein. For the avoidance of doubt, all Revolving Credit Loans under the Dollar Revolving Credit Facility and the Alternative Currency Revolving Credit Facility will be made by all Dollar Revolving Credit Lenders or Alternative Currency Revolving Credit Lenders (in each case including all Extended Revolving Credit Lenders, 2015 Revolving Credit Lenders and Extended 2012 Revolving Credit Lenders), as applicable, in accordance with their Pro Rata Shares (determined, in the case of any Lender, on the basis of the aggregate amount of its Dollar Revolving Credit Commitment as a percentage of the Aggregate Dollar Revolving Credit Commitments or on the basis of the aggregate amount of its Alternative Currency Revolving Credit Commitment as a percentage of the Aggregate Alternative Currency Revolving Credit Commitments, as the case may be), until the Maturity Date with respect to the Extended 2012 Revolving Credit Commitments; thereafter all Revolving Credit Loans under the Dollar Revolving Credit Facility and the Alternative Currency Revolving Credit Facility will be made by all 2015 Dollar Revolving Credit Lenders or 2015 Alternative Currency Revolving Credit Lenders and Extended Dollar Revolving Credit Lenders or Extended Alternative Currency Revolving Credit Lenders, as applicable, in accordance with their Pro Rata Shares, until the Maturity Date with respect to the Extended Revolving Credit Commitments; thereafter all Revolving Credit Loans under the Dollar Revolving Credit Facility and the Alternative Currency Revolving Credit Facility will be made by all 2015 Dollar Revolving Credit Lenders or 2015 Alternative Currency Revolving Credit Lenders, as applicable, in accordance with their Pro Rata Shares.

Appears in 1 contract

Samples: Credit Agreement (Travelport LTD)

The Revolving Credit Borrowings. Subject to the terms and conditions set forth herein, (i) Each U.S. each Multicurrency Revolving Credit Lender severally agrees to make loans denominated in Dollars (each such loan, a “U.S. Multicurrency Revolving Credit Loan”) to the Parent Borrower applicable Borrower(s) in Dollars or in one or more Alternative Currencies from time to time, on any Business Day during the period Availability Period, with respect to each Class of Revolving Credit Facility, (x) in the case of the Revolving Credit Facility in effect prior to the Restatement Date, such Revolving Credit Facility from the Fourth Restatement Effective Closing Date until the Maturity Restatement Date, (y) in the case of the 2017 Revolving Credit Facility, from the Restatement Date until the First Amendment Effective Date and (z) in the case of the 2018 Revolving Credit Facility, from and after the First Amendment Effective Date, for the Multicurrency Revolving Credit Facility, in an aggregate principal amount not to exceed at any time outstanding the amount of such Multicurrency Revolving Credit Lender’s U.S. Multicurrency Revolving Credit Commitment; provided that after giving effect to any U.S. Revolving Credit Borrowing, the aggregate Outstanding Amount of the U.S. Revolving Credit Loans of any Lender, plus such Lender’s Pro Rata Share or other applicable share provided for under this Agreement of the Outstanding Amount of (x) all L/C Obligations Commitment and (y) all Swing Line Loans, shall not exceed such Lender’s U.S. Revolving Credit Commitment; (ii) Each Japanese each USD Revolving Credit Lender severally agrees to make loans denominated in Dollars and/or Yen (each such loan, a “Japanese USD Revolving Credit Loan”) to the Parent Borrower and the Japanese Subsidiary Borrower applicable Borrower(s) in Dollars from time to time, on any Business Day during the period Availability Period with respect to each Class of Revolving Credit Facility, (x) in the case of the Revolving Credit Facility in effect prior to the Restatement Date, such Revolving Credit Facility from the Fourth Restatement Effective Closing Date until the Maturity Restatement Date, (y) in the case of the 2017 Revolving Credit Facility, from the Restatement Date until the First Amendment Effective Date and (z) in the case of the 2018 Revolving Credit Facility, from and after the First Amendment Effective Date, for the USD Revolving Credit Facility, in an aggregate principal amount not to exceed at any time outstanding the amount of such USD Revolving Credit Lender’s Japanese USD Revolving Credit Commitment; provided provided, however, that after giving effect to any Japanese Revolving Credit Borrowing, (i) the Total Revolving Credit Outstandings shall not exceed the Aggregate Revolving Commitments, (ii) the Multicurrency Revolving Credit Exposure of any Multicurrency Revolving Credit Lender shall not exceed such Multicurrency Revolving Credit Lender’s Multicurrency Revolving Credit Commitment, (iii) the USD Revolving Credit Exposure of any USD Revolving Credit Lender shall not exceed such USD Revolving Credit Lender’s USD Revolving Credit Commitment, (iv) the aggregate Outstanding Amount of the Japanese all Revolving Credit Loans of any Lender made to the Designated Borrowers shall not exceed such Lender’s Japanese Revolving Credit Commitment; the Designated Borrower Sublimit, (iiiv) Each Swiss/Multicurrency Revolving Credit Lender severally agrees to make loans denominated in Dollars and/or Foreign Currencies (other than Yen) (each such loan, a “Swiss/Multicurrency Revolving Credit Loan”) to the Parent Borrower and the Swiss Subsidiary Borrower from time to time, on any Business Day during the period from the Fourth Restatement Effective Date until the Maturity Date, in an aggregate principal amount not to exceed at any time outstanding the amount of such Lender’s Swiss/Multicurrency Revolving Credit Commitment; provided that after giving effect to any Swiss/Multicurrency Revolving Credit Borrowing, the aggregate Outstanding Amount of the Swiss/all Multicurrency Revolving Credit Loans of any Lender denominated in Alternative Currencies shall not exceed such Lender’s Swiss/Multicurrency the Alternative Currency Sublimit and (vi) the aggregate Outstanding Amount of all Revolving Credit Commitment; and (iv) Loans made to the U.K. Borrower shall not exceed the U.K. Borrower Sublimit. Within the limits of each Revolving Credit Lender’s applicable Revolving Credit Commitment, and subject to the other terms and conditions hereof, the Borrowers may borrow under this Section 2.01(c2.01(b), prepay under Section 2.05, and reborrow under this Section 2.01(c2.01(b). The Revolving Credit Loans denominated in Dollars may be Base Rate Loans, LIBOR Daily Floating Rate Loans or Eurocurrency Rate Loans and the Loans, as further provided herein. Revolving Credit Loans denominated in Foreign Currencies shall an Alternative Currency must be Eurocurrency Rate Loans, in each case, as further provided herein.

Appears in 1 contract

Samples: Refinancing Amendment (Hologic Inc)

The Revolving Credit Borrowings. Subject to the terms and conditions set forth herein: (i) Each U.S. Tranche A Revolving Credit Lender severally agrees to make loans to any Borrower denominated in Dollars or (each such loan, a “U.S. Tranche A Revolving Credit Loan”) to the Parent Borrower from time to time, on any Business Day during the period from the Fourth Restatement Effective Date until the Maturity Date, in an aggregate principal amount Dollar Amount not to exceed at any time outstanding the amount of such Lender’s U.S. Tranche A Revolving Credit Commitment; provided that after giving effect to any U.S. Revolving Credit Borrowing, the aggregate Outstanding Amount of the U.S. Revolving Credit Loans of any Lender, plus such Lender’s Pro Rata Share or other applicable share provided for under this Agreement of the Outstanding Amount of (x) all L/C Obligations and (y) all Swing Line Loans, shall not exceed such Lender’s U.S. Revolving Credit Commitment;and (ii) Each Japanese each Tranche B Revolving Credit Lender severally agrees to make loans to any Borrower denominated in Dollars and/or Yen or in an Alternative Currency as elected by such Borrower pursuant to Section 2.02 (each such loan, a “Japanese Tranche B Revolving Credit Loan”) to the Parent Borrower and the Japanese Subsidiary Borrower from time to time, on any Business Day during the period from the Fourth Restatement Effective Date until the Maturity Date, in an aggregate principal amount Dollar Amount not to exceed at any time outstanding the amount of such Lender’s Japanese Tranche B Revolving Credit Commitment; provided that (A) after giving effect to any Japanese Tranche A Revolving Credit Borrowing, the aggregate Outstanding Amount of the Japanese Tranche A Revolving Credit Loans of any Lender Tranche A Revolving Credit Lender, plus such Lender’s Pro Rata Share of the Outstanding Amount of all Tranche A L/C Obligations, plus such Lender’s Pro Rata Share of the Outstanding Amount of all Swing Line Loans shall not exceed such Lender’s Japanese Tranche A Revolving Credit Commitment; , (iiiB) Each Swiss/Multicurrency Revolving Credit Lender severally agrees to make loans denominated in Dollars and/or Foreign Currencies (other than Yen) (each such loan, a “Swiss/Multicurrency Revolving Credit Loan”) to the Parent Borrower and the Swiss Subsidiary Borrower from time to time, on any Business Day during the period from the Fourth Restatement Effective Date until the Maturity Date, in an aggregate principal amount not to exceed at any time outstanding the amount of such Lender’s Swiss/Multicurrency Revolving Credit Commitment; provided that after giving effect to any Swiss/Multicurrency Tranche B Revolving Credit Borrowing, the aggregate Outstanding Amount of the Swiss/Multicurrency Tranche B Revolving Credit Loans of any Lender Tranche B Revolving Credit Lender, plus such Lender’s Pro Rata Share of the Outstanding Amount of all Tranche X X/C Obligations shall not exceed such Lender’s Swiss/Multicurrency Tranche B Revolving Credit Commitment; and Commitment and (ivC) after giving effect to any Tranche B Revolving Credit Borrowing denominated in Dollars, the aggregate Outstanding Amount of the Tranche A Revolving Credit Loans of all Tranche A Revolving Credit Lenders, plus the Outstanding Amount of all Tranche A L/C Obligations, plus the Outstanding Amount of all Swing Line Loans is equal to the aggregate amount of Tranche A Revolving Credit Commitments for all Lenders. Within the limits of each Lender’s applicable Revolving Credit Commitment, and subject to the other terms and conditions hereof, the Borrowers may borrow under this Section 2.01(c2.01(b), prepay under Section 2.05, and reborrow under this Section 2.01(c2.01(b). The Revolving Credit Loans denominated in Dollars may be Base Rate Loans or Eurocurrency Rate Loans and the Revolving Credit Loans denominated in Foreign Currencies shall be Eurocurrency Eurodollar Rate Loans, in each case, as further provided herein.

Appears in 1 contract

Samples: Credit Agreement (LEM America, Inc)

The Revolving Credit Borrowings. Subject to the terms and conditions set forth herein, (i) Each U.S. each Revolving Credit Dollar Lender severally agrees to make loans denominated in Dollars (each such loan, a “U.S. Revolving Credit Dollar Loan”) to the Parent Borrower in Dollars from time to time, on any Business Day during the period from the Fourth Restatement Effective Date until the Maturity DateAvailability Period, in an aggregate principal amount not to exceed at any time outstanding the amount of such Lender’s U.S. Revolving Credit Commitment; provided that after giving effect to any U.S. Revolving Credit Borrowing, the aggregate Outstanding Amount of the U.S. Revolving Credit Loans of any Lender, plus such Lender’s Pro Rata Share or other applicable share provided for under this Agreement of the Outstanding Amount of (x) all L/C Obligations Dollar Commitment and (y) all Swing Line Loans, shall not exceed such Lender’s U.S. Revolving Credit Commitment; (ii) Each Japanese each Revolving Credit Multicurrency Lender severally agrees to make loans denominated in Dollars and/or Yen (each such loan, a “Japanese Revolving Credit Multicurrency Loan” and together with the Revolving Credit Dollar Loans, the “Revolving Credit Loans”) to the Parent Borrower and the Japanese Subsidiary Borrower in Dollars and/or one or more Alternative Currencies from time to time, on any Business Day during the period from the Fourth Restatement Effective Date until the Maturity DateAvailability Period, in an aggregate principal amount not to exceed at any time outstanding the amount of such Lender’s Japanese Revolving Credit Multicurrency Commitment; provided provided, however, that after giving effect to any Japanese Revolving Credit Borrowing, (A) the Total Revolving Credit Outstandings shall not exceed the Revolving Credit Facility, (B) the aggregate Outstanding Amount of the Japanese Revolving Credit Dollar Loans of any Lender Revolving Credit Dollar Lender, plus such Revolving Credit Dollar Lender’s Applicable Percentage of the Outstanding Amount of all L/C Obligations, plus such Revolving Credit Dollar Lender’s Applicable Percentage of the Outstanding Amount of all Swing Line Loans shall not exceed such Revolving Credit Dollar Lender’s Japanese Revolving Credit Dollar Commitment; , (iiiC) Each Swiss/Multicurrency Revolving Credit Lender severally agrees to make loans denominated in Dollars and/or Foreign Currencies (other than Yen) (each such loan, a “Swiss/Multicurrency Revolving Credit Loan”) to the Parent Borrower and the Swiss Subsidiary Borrower from time to time, on any Business Day during the period from the Fourth Restatement Effective Date until the Maturity Date, in an aggregate principal amount not to exceed at any time outstanding the amount of such Lender’s Swiss/Multicurrency Revolving Credit Commitment; provided that after giving effect to any Swiss/Multicurrency Revolving Credit Borrowing, the aggregate Outstanding Amount of the Swiss/Multicurrency Revolving Credit Multicurrency Loans of any Lender Revolving Credit Multicurrency Lender, plus such Revolving Credit Multicurrency Lender’s Applicable Percentage of the Outstanding Amount of all L/C Obligations, plus such Revolving Credit Multicurrency Lender’s Applicable Percentage of the Outstanding Amount of all Swing Line Loans shall not exceed such Revolving Credit Multicurrency Lender’s Swiss/Multicurrency Revolving Credit Commitment; and Multicurrency Commitment and (ivD) the Total Revolving Credit Outstandings denominated in Alternative Currencies shall not exceed the Alternative Currency Sublimit. Within the limits of each Revolving Credit Lender’s applicable Revolving Credit Commitment, and subject to the other terms and conditions hereof, the Borrowers Borrower may borrow under this Section 2.01(c), prepay under Section 2.05, and reborrow under this Section 2.01(c). The Revolving Credit Loans denominated in Dollars may be Base Rate Loans or Eurocurrency Rate Loans and the Revolving Credit Loans denominated in Foreign Currencies shall be Eurocurrency Rate Loans, in each case, as further provided herein.

Appears in 1 contract

Samples: Credit Agreement (Life Technologies Corp)

The Revolving Credit Borrowings. Subject to the terms and conditions set forth herein, (i) Each U.S. each Multicurrency Revolving Credit Lender severally agrees to make loans denominated in Dollars (each such loan, a “U.S. Multicurrency Revolving Credit Loan”) to the Parent Borrower applicable Borrower(s) in Dollars or (after the Closing Date) in one or more Alternative Currencies from time to time, on any Business Day during the period from Availability Period for the Fourth Restatement Effective Date until the Maturity DateMulticurrency Revolving Credit Facility, in an aggregate principal amount not to exceed at any time outstanding the amount of such Multicurrency Revolving Credit Lender’s U.S. Multicurrency Revolving Credit Commitment; provided that after giving effect to any U.S. Revolving Credit Borrowing, the aggregate Outstanding Amount of the U.S. Revolving Credit Loans of any Lender, plus such Lender’s Pro Rata Share or other applicable share provided for under this Agreement of the Outstanding Amount of (x) all L/C Obligations Commitment and (y) all Swing Line Loans, shall not exceed such Lender’s U.S. Revolving Credit Commitment; (ii) Each Japanese each USD Revolving Credit Lender severally agrees to make loans denominated in Dollars and/or Yen (each such loan, a “Japanese USD Revolving Credit Loan”) to the Parent Borrower and the Japanese Subsidiary Borrower applicable Borrower(s) in Dollars from time to time, on any Business Day during the period from Availability Period for the Fourth Restatement Effective Date until the Maturity DateUSD Revolving Credit Facility, in an aggregate principal amount not to exceed at any time outstanding the amount of such USD Revolving Credit Lender’s Japanese USD Revolving Credit Commitment; provided provided, however, that after giving effect to any Japanese Revolving Credit Borrowing, (i) the Total Revolving Credit Outstandings shall not exceed the Aggregate Revolving Commitments, (ii) the Multicurrency Revolving Credit Exposure of any Multicurrency Revolving Credit Lender shall not exceed such Multicurrency Revolving Credit Lender’s Multicurrency Revolving Credit Commitment, (iii) the USD Revolving Credit Exposure of any USD Revolving Credit Lender shall not exceed such USD Revolving Credit Lender’s USD Revolving Credit Commitment, (iv) the aggregate Outstanding Amount of the Japanese all Revolving Credit Loans of any Lender made to the Designated Borrowers shall not exceed such Lender’s Japanese Revolving Credit Commitment; the Designated Borrower Sublimit, (iiiv) Each Swiss/Multicurrency Revolving Credit Lender severally agrees to make loans denominated in Dollars and/or Foreign Currencies (other than Yen) (each such loan, a “Swiss/Multicurrency Revolving Credit Loan”) to the Parent Borrower and the Swiss Subsidiary Borrower from time to time, on any Business Day during the period from the Fourth Restatement Effective Date until the Maturity Date, in an aggregate principal amount not to exceed at any time outstanding the amount of such Lender’s Swiss/Multicurrency Revolving Credit Commitment; provided that after giving effect to any Swiss/Multicurrency Revolving Credit Borrowing, the aggregate Outstanding Amount of the Swiss/all Multicurrency Revolving Credit Loans of any Lender denominated in Alternative Currencies shall not exceed such Lender’s Swiss/Multicurrency the Alternative Currency Sublimit and (vi) the aggregate Outstanding Amount of all Revolving Credit Commitment; and (iv) Loans made to the U.K. Borrower shall not exceed the U.K. Borrower Sublimit. Within the limits of each Revolving Credit Lender’s applicable Revolving Credit Commitment, and subject to the other terms and conditions hereof, the Borrowers may borrow under this Section 2.01(c2.01(b), prepay under Section 2.05, and reborrow under this Section 2.01(c2.01(b). The Revolving Credit Loans denominated in Dollars may be Base Rate Loans or Eurocurrency Rate Loans and the Loans, as further provided herein. Revolving Credit Loans denominated in Foreign Currencies shall an Alternative Currency must be Eurocurrency Rate Loans, in each case, as further provided herein.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Hologic Inc)

The Revolving Credit Borrowings. Subject to the terms and conditions set forth herein (i) Each U.S. i)each Dollar Revolving Credit Lender severally agrees to make loans denominated in Dollars to the Borrower as elected by the Borrower pursuant to Section2.02 (each such loan, a “U.S. Dollar Revolving Credit Loan”) to the Parent Borrower from time to time, on any Business Day during after the period from the Fourth Restatement Effective Closing Date until the Maturity Date, in an aggregate principal amount Dollar Amount not to exceed at any time outstanding the amount of such Lender’s U.S. Lenders Dollar Revolving Credit Commitment; provided that after giving effect to any U.S. Dollar Revolving Credit Borrowing, the aggregate Outstanding Amount of the U.S. Dollar Revolving Credit Loans of any Lender, plus such Lender’s Lenders Pro Rata Share or other applicable share provided for under this Agreement of the Outstanding Amount of (x) all Dollar L/C Obligations and (y) Obligations, plus such Lenders Pro Rata Share of the Outstanding Amount of all Swing Line Loans, Loans shall not exceed such Lender’s U.S. Lenders Dollar Revolving Credit Commitment; ; and (ii) Each Japanese ii)each Alternative Currency Revolving Credit Lender severally agrees to make loans denominated in Dollars and/or Yen an Alternative Currency to the Borrower as elected by the Borrower pursuant to Section2.02 (each such loan, a an Japanese Alternative Currency Revolving Credit Loan”) to the Parent Borrower and the Japanese Subsidiary Borrower from time to time, on any Business Day during the period from the Fourth Restatement Effective Date until the Maturity Date, in an aggregate principal amount Dollar Amount not to exceed at any time outstanding the amount of such Lender’s Japanese Lenders Alternative Currency Revolving Credit Commitment; provided that after giving effect to any Japanese Alternative Currency Revolving Credit Borrowing, the aggregate Outstanding Amount of the Japanese Alternative Currency Revolving Credit Loans of any Lender Lender, plus such Lenders Pro Rata Share of the Outstanding Amount of all Alternative Currency L/C Obligations shall not exceed such Lender’s Japanese Lenders Alternative Currency Revolving Credit Commitment; (iii) Each Swiss/Multicurrency Revolving Credit Lender severally agrees to make loans denominated in Dollars and/or Foreign Currencies (other than Yen) (each such loan, a “Swiss/Multicurrency Revolving Credit Loan”) to the Parent Borrower and the Swiss Subsidiary Borrower from time to time, on any Business Day during the period from the Fourth Restatement Effective Date until the Maturity Date, in an aggregate principal amount not to exceed at any time outstanding the amount of such Lender’s Swiss/Multicurrency Revolving Credit Commitment; provided that after giving effect to any Swiss/Multicurrency Revolving Credit Borrowing, the aggregate Outstanding Amount of the Swiss/Multicurrency Revolving Credit Loans of any Lender shall not exceed such Lender’s Swiss/Multicurrency Revolving Credit Commitment; and (iv) . Within the limits of each Lender’s applicable Lenders Revolving Credit Commitment, and subject to the other terms and conditions hereof, the Borrowers Borrower may borrow under this Section 2.01(cSection2.01(b), prepay under Section 2.05Section2.05, and reborrow under this Section 2.01(c2.01(b). The Dollar Revolving Credit Loans denominated in Dollars may be Base Rate Loans or Eurocurrency Rate Loans, as further provided herein, and Alternative Currency Revolving Credit Loans and the (other than Alternative Currency Revolving Credit Loans denominated in Foreign Currencies shall Dollars which may be Base Rate Loans or Eurocurrency Rate Loans) must be Eurocurrency Rate Loans, in each case, as further provided herein.

Appears in 1 contract

Samples: Credit Agreement (Freescale Semiconductor Inc)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!