US Loans. Subject to the terms and conditions of this Agreement and in reliance upon the representations and warranties of Borrowers and the other Credit Parties contained herein:
US Loans. US Borrower may, upon three Business Days’ notice, as to Eurodollar Loans, or same Business Day’s notice, as to Base Rate Loans, to Administrative Agent (and Administrative Agent will promptly give notice to the other US Lenders) from time to time and without premium or penalty (other than any amounts due under Section 3.6 hereof with respect to prepayments of any Eurodollar Loans) prepay the US Loans, in whole or in part, so long as the aggregate amounts of all partial prepayments of principal on (i) Eurodollar Loans equals $2,500,000 or any higher integral multiple of $250,000, and (ii) Base Rate Loans equals $250,000 or any higher integral multiple of $50,000. Upon receipt of any such notice, Administrative Agent shall give each US Lender prompt notice of the terms thereof.
US Loans. US Borrowers shall pay interest to Agent, for the ratable benefit of US Lenders, in accordance with the various US Loans being made by each US Lender, in arrears on each applicable Interest Payment Date, at the following rates: with respect to the US Revolving Credit Advances which are designated as Index Rate Loans (and for all other Obligations of US Borrowers not otherwise set forth below), the Index Rate plus the Applicable US Revolver Index Margin per annum or, with respect to US Revolving Credit Advances which are designated as LIBOR Loans, at the election of Borrower Representative, the applicable LIBOR Rate plus the Applicable US Revolver LIBOR Margin per annum.. The Applicable Margins pertaining to the US Loans are as follows: Applicable US Revolver Index Margin 2.25% Applicable US Revolver LIBOR Margin 3.75% Applicable US L/C Margin 3.75%
US Loans. As additional compensation for the US Revolving Lenders, US Borrowers shall pay to Agent, for the ratable benefit of such Lenders, in arrears, on the first Business Day of each month prior to the US Commitment Termination Date and on the US Commitment Termination Date, a fee for US Borrowers' non-use of available funds in an amount equal to the Applicable US Unused Line Fee Margin per annum multiplied by the difference between (x) the US Maximum Amount (as it may be reduced from Annex A Page 20 time to time) and (y) the average for the period of the daily closing balances of the US Revolving Loan outstanding during the period for which such Fee is due.
US Loans. US Borrower or Canadian Borrower may, upon three Business Days’ notice, as to LIBOR Loans, or same Business Day’s notice, as to Base Rate Loans, to Administrative Agent (and Administrative Agent will promptly give notice to the other US Lenders) from time to time and without premium or penalty prepay the US Loans, in whole or in part, so long as the aggregate amounts of all partial prepayments of principal on the US Loans equals $2,500,000 or any higher integral multiple of $250,000. Upon receipt of any such notice, Administrative Agent shall give each US Lender prompt notice of the terms thereof.
US Loans. Subject to the terms and conditions hereof, each Lender severally agrees to make a loan in Dollars to the U.S. Borrower on the Closing Date, in a principal amount equal to such Lender’s U.S. Loan Commitment. The U.S. Borrower may make only one borrowing under the U.S. Loan Commitment which shall be on the Closing Date. Any amount borrowed under this Section 2.1(a) and subsequently repaid or prepaid may not be reborrowed. Subject to Section 4.4, all amounts owed hereunder with respect to the Loans shall be paid in full no later than the Facility Maturity Date. Each Lender’s U.S. Loan Commitment shall terminate immediately and without further action on the Closing Date after giving effect to the funding of such Lender’s U.S. Loan Commitment on such date.
US Loans. The proceeds of the US Loans shall be applied by Company to (i) repay loans made under the Post-Petition Incremental US Sublimit and the Post-Petition Incremental Canadian Sublimit of the DIP Credit Agreement, (ii) provide for the working capital requirements and general corporate purposes of Company and its Subsidiaries, which may include the making of intercompany loans to any of Company's Wholly-Owned North American Subsidiaries, in accordance with subsection 7.1(iv), for their own working capital requirements and general corporate purposes and (iii) pay fees payable by Company in connection with this Agreement and the Term Loan Agreement. In addition, Company may use the proceeds of any US Loans to fund the Unsecured Settlement Distribution (as defined in the Plan of Reorganization) in accordance with the Plan of Reorganization in an aggregate amount not to exceed the Company-Funded Unsecured Settlement Amount.
US Loans. The U.S. Lender of each Lending Unit severally agrees, subject to the limitations set forth below with respect to the maximum amount of U.S. Loans permitted to be outstanding from time to time, to lend to U.S. Borrower from time to time during the period from the Effective Date to but excluding the Commitment Termination Date Dollars and/or Gold, in an aggregate amount, when valued in Dollar Equivalents, and combined with its Pro Rata Share of the U.S. Letter of Credit Usage, not exceeding the lesser of (a) its Pro Rata Share of the U.S. Allocation as in effect from time to time and (b) the Commitment of its Lending Unit, to be used for the purposes identified in subsection 2.5A.
US Loans. Subject to the terms and conditions hereof and as part of the Commitments, each Lender, by its acceptance hereof, severally agrees to make a loan or loans (individually a “U.S. Loan” and collectively the “U.S. Loans”) in U.S. Dollars to the U.S. SPV from time to time on a revolving basis before the earlier to occur of the Amortization Date and the Termination Date. Each borrowing of U.S. Loans shall be funded ratably by the Lenders in proportion to their respective U.S. Loan Percentages. Subject to the terms and conditions hereof, U.S. Loans may be repaid and the principal amount thereof reborrowed before the earlier to occur of the Amortization Date and the Termination Date, subject to the terms and conditions hereof.
US Loans. With respect to Revolver Loans to U.S. Borrower in Dollars, the U.S. Letters of Credit and the U.S. LC Guaranties, from the Closing Date to, but not including, the first Adjustment Date (as hereinafter defined) the percentages set forth below with respect to any type of Loan: Base Rate Revolving Portion 0.50% LIBOR Revolving Portion 2.25% Base Rate Term Portion 0.75% LIBOR Term Portion 2.50% LC Fee 2.00% The percentages set forth above will be adjusted on the first day of the month following delivery by Borrower to Agent of the Borrowing Base Certificate required to be delivered pursuant to Section 8.1.4 of the Agreement for the most recently ended month during the Term, commencing with the month ending December 31, 2007 (each such date an “Adjustment Date”), effective prospectively, by reference to the applicable “Financial Measurement” (as defined below) most recently ended month in accordance with the following: Financial Measurement Base Rate Revolver Loans LIBOR Revolver Loans Base Rate Term Loans LIBOR Term Loans LC Fee < $10,000,000 0.75% 2.50% 1.00% 2.75% 2.25% > $10,000,000, but < $20,000,000 0.50% 2.25% 0.75% 2.50% 2.00% > $20,000,000 0.25% 2.00% 0.50% 2.25% 1.75%
