The Syndicated Loans. From and including the date of this Agreement and prior to the Facility Termination Date, each Lender severally agrees, on the terms and conditions set forth in this Agreement (including, without limitation, the terms and conditions of Section 2.11 and Section 8.1 relating to the reduction, suspension or termination of the Aggregate Commitment), to make Syndicated Loans to the Borrower from time to time in an aggregate amount not to exceed at any one time outstanding the amount of such Lender's Commitment; provided, however, that the Aggregate Commitment shall be deemed used from time to time to the extent of (i) the aggregate L/C Obligations then outstanding, and such deemed use of the Aggregate Commitment shall be applied to the Lenders ratably according to their respective Commitments and (ii) the aggregate amount of the Swing Line Loans then outstanding, and such deemed use of the Aggregate Commitment shall be applied to the Lenders ratably according to their respective Commitments. Subject to the terms of this Agreement (including, without limitation, the terms and conditions of Section 2.11 and Section 8.1 relating to the reduction, suspension or termination of the Aggregate Commitment), the Borrower may borrow, repay and reborrow Syndicated Loans at any time prior to the Facility Termination Date. Unless earlier terminated in accordance with the terms and conditions of this Agreement, the Commitments of the Lenders to lend hereunder shall expire on the Facility Termination Date. Notwithstanding anything herein to the contrary, each of the Lenders shall be required to fund its ratable share of any Syndicated Advance made in connection with any L/C Drafts notwithstanding that such Advance may be made on or after the date of any reduction, suspension or termination of the Aggregate Commitment pursuant to Section 2.11(c) or Section 8.1 of this Agreement.
Appears in 2 contracts
Samples: 5 Year Revolving Credit Agreement (TJX Companies Inc /De/), Revolving Credit Agreement (TJX Companies Inc /De/)
The Syndicated Loans. From and including the date of this Agreement and prior to the Facility earlier of the Conversion Date and the Commitment Termination Date, each Lender severally agrees, on the terms and conditions set forth in this Agreement (including, without limitation, the terms and conditions of Section SECTION 2.11 and Section SECTION 8.1 relating to the reduction, suspension or termination of the Aggregate Commitment), to make Syndicated Loans to the Borrower from time to time in an aggregate amount not to exceed at any one time outstanding the amount of such Lender's Commitment; providedPROVIDED, howeverHOWEVER, that the Aggregate Commitment shall be deemed used from time to time to the extent of (i) the aggregate L/C Obligations amount of the Bid Rate Loans then outstanding, and such deemed use of the Aggregate Commitment shall be applied to the Lenders ratably according to their respective Commitments and (ii) such deemed use of the aggregate amount of the Swing Line Loans then outstanding, and such deemed use of the Aggregate Commitment shall be applied to the Lenders ratably according to their respective CommitmentsCommitments being a "BID RATE REDUCTION"). Subject to the terms of this Agreement (including, without limitation, the terms and conditions of Section SECTIONS 2.1, SECTION 2.11 and Section SECTION 8.1 relating to the reduction, suspension or termination of the Aggregate Commitment), the Borrower may borrow, repay and reborrow Syndicated Loans at any time prior to the Facility earlier of the Conversion Date and the Commitment Termination Date. Unless earlier terminated in accordance with the terms and conditions of this Agreement, the Commitments of the Lenders to lend hereunder shall expire on the Facility Commitment Termination Date. Notwithstanding anything herein to the contrary, each of the Lenders shall be required to fund its ratable share of any Syndicated Advance made in connection with any L/C Drafts notwithstanding that such Advance may be made on or after the date of any reduction, suspension or termination of the Aggregate Commitment pursuant to Section 2.11(c) or Section 8.1 of this Agreement.
Appears in 1 contract
Samples: 364 Day Revolving Credit Agreement (TJX Companies Inc /De/)
The Syndicated Loans. From and including the date of this Agreement and prior to the Facility Termination Date, each Lender severally agrees, on the terms and conditions set forth in this Agreement (including, without limitation, the terms and conditions of Section SECTION 2.11 and Section SECTION 8.1 relating to the reduction, suspension or termination of the Aggregate Commitment), to make Syndicated Loans to the Borrower from time to time in an aggregate amount not to exceed at any one time outstanding the amount of such Lender's Commitment; providedPROVIDED, howeverHOWEVER, that the Aggregate Commitment shall be deemed used from time to time to the extent of (ia) the aggregate amount of the Bid Rate Loans then outstanding, and such deemed use of the Aggregate Commitment shall be applied to the Lenders ratably according to their respective Commitments (such deemed use of the aggregate amount of the Commitments being a "BID RATE REDUCTION"), (b) the aggregate L/C Obligations then outstanding, and such deemed use of the Aggregate Commitment shall be applied to the Lenders ratably according to their respective Commitments and (iic) the aggregate amount of the Swing Line Loans then outstanding, and such deemed use of the Aggregate Commitment shall be applied to the Lenders ratably according to their respective Commitments. Subject to the terms of this Agreement (including, without limitation, the terms and conditions of Section SECTION 2.11 and Section SECTION 8.1 relating to the reduction, suspension or termination of the Aggregate Commitment), the Borrower may borrow, repay and reborrow Syndicated Loans at any time prior to the Facility Termination Date. Unless earlier terminated in accordance with the terms and conditions of this Agreement, the Commitments of the Lenders to lend hereunder shall expire on the Facility Termination Date. Notwithstanding anything herein to the contrary, each of the Lenders shall be required to fund its ratable share of any Syndicated Advance made in connection with any L/C Drafts notwithstanding that such Advance may be made on or after the date of any reduction, suspension or termination of the Aggregate Commitment pursuant to Section 2.11(cSECTION 2.11(b) or Section SECTION 8.1 of this Agreement.
Appears in 1 contract
The Syndicated Loans. From and including the date of this Agreement and prior to the Facility Termination Date, each Each Lender severally agrees, on the terms and conditions hereinafter set forth in this Agreement (including, without limitation, the terms and conditions of Section 2.11 and Section 8.1 relating to the reduction, suspension or termination of the Aggregate Commitment)forth, to make Syndicated Loans to the any Borrower from time to time on any Business Day during the period from the Effective Date until the Termination Date in an aggregate amount (based in respect of any Syndicated Loan denominated in a Primary Currency on the Equivalent in Dollars on the Business Day such Loan is made), not to exceed at any one time outstanding the amount of such Lender's Commitment; provided, however, provided that the Aggregate Commitment aggregate amount of the Commitments of the Lenders shall be deemed used from time to time to the extent of (i) the aggregate L/C Obligations amount (based in respect of any Competitive Bid Loan denominated in a Primary Currency on the Equivalent in Dollars at such time) of the Competitive Bid Loans then outstanding, outstanding and such deemed use of the Aggregate Commitment aggregate amount of the Commitments shall be applied to allocated among the Lenders ratably according to their respective Commitments and (ii) such deemed use of the aggregate amount of the Swing Line Loans then outstanding, and Commitments being a "Competitive Bid Reduction"); provided further that each Lender's Loan made under the Competitive Bid Option shall not reduce such deemed use Lender's obligation to lend its pro rata share of the Aggregate Commitment remaining undrawn Commitments. Each Syndicated Borrowing shall be applied to in an aggregate amount not less than $25,000,000 (or the Equivalent thereof in any Primary Currency, determined as of the date of the applicable Notice of Syndicated Borrowing) or an integral multiple of $1,000,000 (or the Equivalent thereof in any Primary Currency, determined as of the date of the applicable Notice of Syndicated Borrowing) in excess thereof and shall consist of Syndicated Loans of the same Type made on the same day by the Lenders ratably according to their respective Commitments. Subject to Within the terms limits of this Agreement (includingeach Lender's Commitment, without limitation, the terms and conditions of Section 2.11 and Section 8.1 relating to the reduction, suspension or termination of the Aggregate Commitment), the any Borrower may borrowborrow under this Section 2.01, repay and reborrow Syndicated Loans at any time prior to the Facility Termination Date. Unless earlier terminated in accordance with the terms and conditions of this Agreement, the Commitments of the Lenders to lend hereunder shall expire on the Facility Termination Date. Notwithstanding anything herein to the contrary, each of the Lenders shall be required to fund its ratable share of any Syndicated Advance made in connection with any L/C Drafts notwithstanding that such Advance may be made on or after the date of any reduction, suspension or termination of the Aggregate Commitment prepay pursuant to Section 2.11(c) or 2.09 and reborrow under this Section 8.1 of this Agreement2.01.
Appears in 1 contract
The Syndicated Loans. From and including the date of this Agreement and prior to the Facility Termination Date, each Lender severally agrees, on the terms and conditions set forth in this Agreement (including, without limitation, the terms and conditions of Section 2.11 2.10 and Section 8.1 relating to the reduction, suspension or termination of the Aggregate Commitment), to make Syndicated Loans to the Borrower from time to time in an aggregate amount not to exceed at any one time outstanding the amount of such Lender's Commitment; provided, however, that the Aggregate Commitment shall be deemed used from time to time to the extent of (i) the aggregate L/C Obligations then outstanding, and such deemed use the balance of the Aggregate Commitment shall be applied to the Lenders ratably according to their respective Commitments and (ii) the aggregate amount of the any Swing Line Loans then outstanding, and such deemed use of the Aggregate Commitment shall be applied to the Lenders ratably according to their respective Commitments. Subject to the terms of this Agreement (including, without limitation, the terms and conditions of Section 2.11 2.10 and Section 8.1 relating to the reduction, suspension or termination of the Aggregate Commitment), the Borrower may borrow, repay and reborrow Syndicated Loans at any time prior to the Facility Termination Date. Unless earlier terminated in accordance with the terms and conditions of this Agreement, the Commitments of the Lenders to lend hereunder shall expire on the Facility Termination Date. Notwithstanding anything herein to the contrary, each of the Lenders shall be required to fund its ratable share of any Syndicated Advance made in connection with any L/C Drafts notwithstanding that such Advance may be made on or after the date of any reduction, suspension or termination of the Aggregate Commitment pursuant to Section 2.11(c2.10(b) or Section 8.1 of this Agreement8.1.
Appears in 1 contract
Samples: Credit Agreement (Omnicare Inc)
The Syndicated Loans. From and including the date of this Agreement and prior to the Facility Termination Date, each Lender severally agrees, on the terms and conditions set forth in this Agreement (including, without limitation, the terms and conditions of Section SECTION 2.11 and Section SECTION 8.1 relating to the reduction, suspension or termination of the Aggregate Commitment), to make Syndicated Loans to the Borrower from time to time in an aggregate amount not to exceed at any one time outstanding the amount of such Lender's Commitment; providedPROVIDED, howeverHOWEVER, that the Aggregate Commitment shall be deemed used from time to time to the extent of (ia) the aggregate amount of the Bid Rate Loans then outstanding, and such deemed use of the Aggregate Commitment shall be applied to the Lenders ratably according to their respective Commitments (such deemed use of the aggregate amount of the Commitments being a "BID RATE REDUCTION"), (b) the aggregate L/C Obligations then outstanding, and such deemed use of the Aggregate Commitment shall be applied to the Lenders ratably according to their respective Commitments and (iic) the aggregate amount of the Swing Line Loans then outstanding, and such deemed use of the Aggregate Commitment shall be applied to the Lenders ratably according to their respective Commitments. Subject to the terms of this Agreement (including, without limitation, the terms and conditions of Section SECTION 2.11 and Section SECTION 8.1 relating to the reduction, suspension or termination of the Aggregate Commitment), the Borrower may borrow, repay and reborrow Syndicated Loans at any time prior to the Facility Termination Date. Unless earlier terminated in accordance with the terms and conditions of this Agreement, the Commitments of the Lenders to lend hereunder shall expire on the Facility Termination Date. Notwithstanding anything herein to the contrary, each of the Lenders shall be required to fund its ratable share of any Syndicated Advance made in connection with any L/C Drafts notwithstanding that such Advance may be made on or after the date of any reduction, suspension or termination of the Aggregate Commitment pursuant to Section 2.11(c) or Section 8.1 of this Agreement.Facility
Appears in 1 contract
Samples: Revolving Credit Agreement (TJX Companies Inc /De/)
The Syndicated Loans. From and including the date of this Agreement and prior to the Facility Termination Date, each Lender severally agrees, on the terms and conditions set forth in this Agreement (including, without limitation, the terms and conditions of Section SECTION 2.11 and Section SECTION 8.1 relating to the reduction, suspension or termination of the Aggregate Commitment), to make Syndicated Loans to the Borrower from time to time in an aggregate amount not to exceed at any one time outstanding the amount of such Lender's Commitment; providedPROVIDED, howeverHOWEVER, that the Aggregate Commitment shall be deemed used from time to time to the extent of (ia) the aggregate L/C Obligations amount of the Bid Rate Loans then outstanding, and such deemed use of the Aggregate Commitment shall be applied to the Lenders ratably according to their respective Commitments and (ii) such deemed use of the aggregate amount of the Swing Line Loans Commitments being a "BID RATE REDUCTION") and (b) the aggregate L/C Obligations then outstanding, and such deemed use of the Aggregate Commitment shall be applied to the Lenders ratably according to their respective Commitments. Subject to the terms of this Agreement (including, without limitation, the terms and conditions of Section SECTION 2.11 and Section SECTION 8.1 relating to the reduction, suspension or termination of the Aggregate Commitment), the Borrower may borrow, repay and reborrow Syndicated Loans at any time prior to the Facility Termination Date. Unless earlier terminated in accordance with the terms and conditions of this Agreement, the Commitments of the Lenders to lend hereunder shall expire on the Facility Termination Date. Notwithstanding anything herein to the contrary, each of the Lenders shall be required to fund its ratable share of any Syndicated Advance made in connection with any L/C Drafts notwithstanding that such Advance may be made on or after the date of any reduction, suspension or termination of the Aggregate Commitment pursuant to Section 2.11(cSECTION 2.11(b) or Section 8.1 of this AgreementSECTION 8.1.
Appears in 1 contract
Samples: Credit Agreement (Omnicare Inc)