Common use of Amounts Clause in Contracts

Amounts. Subject to the satisfaction of the conditions precedent set forth in Section Six and so long as no Default or Event of Default then exists, each Lender severally, but not jointly, agrees, upon Borrowers’ request from time to time on any Business Day during the period from the date hereof to the Maturity Date, to make revolving loans (the “Revolving Loans”) to Borrowers, in amounts not to exceed (except for Bank of America with respect to Non-Ratable Loans and except for the Agent with respect to Agent Advances) such Lender’s Pro Rata Share of the Borrowers’ Availability. The Lenders, however, in their unanimous discretion, may elect to make Revolving Loans in excess of the Availability on one or more occasions, but if they do so, neither the Agent nor the Lenders shall be deemed thereby to have changed the limits of the Total Credit Facility or the Availability or to be obligated to exceed such limits on any other occasion. If the sum of outstanding Revolving Loans and the aggregate amount of Pending Revolving Loans, together with all outstanding indebtedness owing by Borrowers under all outstanding Letters of Credit, exceeds the Availability, Lenders may refuse to make or otherwise restrict the making of Revolving Loans as Lenders determine until such excess has been eliminated, subject to the Agent’s authority, in its sole discretion, to make Agent Advances pursuant to the terms of subparagraph 2.2(i).

Appears in 3 contracts

Samples: Loan and Security Agreement (Regional Management Corp.), Loan and Security Agreement (Regional Management Corp.), Loan and Security Agreement (Regional Management Corp.)

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Amounts. Subject to the satisfaction of the conditions precedent set forth in Section Six and so long as no Default or Event of Default then exists, each Lender severally, but not jointly, agrees, upon BorrowersXxxxxxxxx’ request from time to time on any Business Day during the period from the date hereof to the Maturity Date, to make revolving loans (the “Revolving Loans”) to Borrowers, in amounts not to exceed (except for Bank of America Xxxxx Fargo with respect to Non-Ratable Loans and except for the Agent with respect to Agent Advances) such LenderXxxxxx’s Pro Rata Share of the Borrowers’ Availability. The Lenders, however, in their unanimous discretion, may elect to make Revolving Loans in excess of the Availability on one or more occasions, but if they do so, neither the Agent nor the Lenders shall be deemed thereby to have changed the limits of the Total Credit Facility or the Availability or to be obligated to exceed such limits on any other occasion, subject to the Agent’s authority, in its discretion, to make Agent Advances pursuant to the terms of Section 2.2(i). If the sum of outstanding Revolving Loans and the aggregate amount of Pending Revolving Loans, together with all outstanding indebtedness owing by Borrowers under all outstanding Letters Letter of CreditCredit Obligations, exceeds the Availability, Lenders Xxxxxxx may refuse to make or otherwise restrict the making of Revolving Loans as Lenders determine until such excess has been eliminated, subject to the Agent’s authority, in its sole discretion, to make Agent Advances pursuant to the terms of subparagraph Section 2.2(i).

Appears in 3 contracts

Samples: Loan and Security Agreement (Regional Management Corp.), Loan and Security Agreement (Regional Management Corp.), Loan and Security Agreement (Regional Management Corp.)

Amounts. Subject to the satisfaction of the conditions precedent set forth in Section Six and so long as no Default or Event of Default then existsArticle 10, each Lender severally, but not jointly, agrees, upon Borrowers’ a Borrower’s request from time to time on any Business Day during the period from the date hereof Closing Date to the Maturity Termination Date, to make revolving loans (the “Revolving Loans”) to Borrowers, the Borrowers in amounts not to exceed (except for Bank of America the Swingline Lender with respect to Non-Ratable Swingline Loans and except for the Administrative Agent with respect to Agent Advances) such Lender’s Pro Rata Share of the Borrowers’ AvailabilityAvailability at such time. The Lenders, however, in their unanimous discretion, may elect to make Revolving Loans or issue or arrange to have issued Letters of Credit in excess of the Availability on one or more occasions, but if they do so, neither the Agent Agents nor the Lenders shall be deemed thereby to have changed the limits of the Total Credit Facility or the Availability Borrowing Base or to be obligated to exceed such limits on any other occasion. If the sum of outstanding Revolving Loans and Aggregate Revolver Outstandings exceed the aggregate amount of Pending Revolving LoansBorrowing Base, together with all outstanding indebtedness owing by Borrowers under all outstanding Letters of Credit, exceeds the Availability, Lenders may refuse to make or otherwise restrict the making of Revolving Loans and the issuance of Letters of Credit as the Lenders determine until such excess has been eliminated, subject to the Administrative Agent’s authority, in its sole discretion, to make Agent Advances pursuant to the terms of subparagraph Section 2.2(i).

Appears in 2 contracts

Samples: Loan and Security Agreement (FLAG INTERMEDIATE HOLDINGS Corp), Loan and Security Agreement (Metals Usa Holdings Corp.)

Amounts. Subject to the satisfaction of the conditions precedent set forth in Section Six and so long as no Default or Event of Default then exists, each Lender severally, but not jointly, agrees, upon Borrowers’ request from time to time on any Business Day during the period from the date hereof to the Maturity Date, to make revolving loans (the “Revolving Loans”) to Borrowers, in amounts not to exceed (except for Bank of America Xxxxx Fargo with respect to Non-Ratable Loans and except for the Agent with respect to Agent Advances) such Lender’s Pro Rata Share of the Borrowers’ Availability. The Lenders, however, in their unanimous discretion, may elect to make Revolving Loans in excess of the Availability on one or more occasions, but if they do so, neither the Agent nor the Lenders shall be deemed thereby to have changed the limits of the Total Credit Facility or the Availability or to be obligated to exceed such limits on any other occasion, subject to the Agent’s authority, in its discretion, to make Agent Advances pursuant to the terms of Section 2.2(i). If the sum of outstanding Revolving Loans and the aggregate amount of Pending Revolving Loans, together with all outstanding indebtedness owing by Borrowers under all outstanding Letters Letter of CreditCredit Obligations, exceeds the Availability, Lenders may refuse to make or otherwise restrict the making of Revolving Loans as Lenders determine until such excess has been eliminated, subject to the Agent’s authority, in its sole discretion, to make Agent Advances pursuant to the terms of subparagraph Section 2.2(i).

Appears in 2 contracts

Samples: Loan and Security Agreement (Regional Management Corp.), Loan and Security Agreement (Regional Management Corp.)

Amounts. Subject to the satisfaction of the conditions precedent set forth in Section Six and so long as no Default or Event of Default then existsArticle 8, each Lender severally, but not jointly, agrees, upon Borrowers’ a Borrower's request from time to time on any Business Day during the period from the date hereof Closing Date to the Maturity Termination Date, to make revolving loans (the "Revolving Loans") to Borrowers, the Borrowers (including Revolving Loans that qualify as Ex-Im Bank Guaranteed Loans under the Ex-Im Bank Borrower Agreement) in amounts not to exceed (such Lender's Pro Rata Share of the Availability, except for Bank of America with respect to Non-Ratable Loans and except for the Agent Advances and as otherwise set forth herein with respect to Agent Advances) such Lender’s Pro Rata Share of the Borrowers’ AvailabilityEx-Im Bank Guaranteed Loans. The Lenders, however, in their unanimous discretion, may elect to make Revolving Loans or issue or arrange to have issued Letters of Credit or Credit Support in excess of the Availability or the Borrowing Base on one or more occasionsoccasions (provided that any such advance of an Ex-Im Bank Guaranteed Loan may not exceed the limitations specified in Section 1.2(k) or in the definition of Export-Related Borrowing Base contained in the Ex-Im Bank Borrower Agreement), but if they do so, neither the Agent nor the Lenders shall be deemed thereby to have changed the limits of the Total Credit Facility Availability or the Availability Borrowing Base or to be obligated to exceed such limits on any other occasion. If the sum of outstanding Revolving Loans and Aggregate Revolver Outstandings would exceed the aggregate amount of Pending Revolving LoansBorrowing Base after giving effect to any Borrowing, together with all outstanding indebtedness owing by Borrowers under all outstanding Letters of Credit, exceeds the Availability, Lenders may refuse to make or may otherwise restrict the making of Revolving Loans and the issuance of Letters of Credit and Credit Support as the Lenders determine until such excess has been eliminated, subject to the Agent’s 's authority, in its sole discretion, to make Agent Advances pursuant to the terms of subparagraph 2.2(iSection 1.2(j).

Appears in 1 contract

Samples: Credit Agreement (Encore Medical Corp)

Amounts. Subject to the satisfaction of the conditions precedent set forth in Section Six Article 8, and so long as no Default or Event of Default then existsexcept for Non-Ratable Loans and Agent Advances, each Revolving Credit Lender severally, but not jointly, agrees, upon Borrowers’ a Borrower’s request from time to time on any Business Day during the period from the date hereof Closing Date to the Maturity Termination Date, to make revolving loans (the “Revolving Loans”) to Borrowers, the Borrowers in aggregate amounts not to exceed (except for Bank of America with respect to Non-Ratable Loans and except for the Agent with respect to Agent Advances) such Lender’s Pro Rata Share of the Borrowers’ Aggregate Availability; provided that on the date of such request, and giving pro forma effect to such request, the aggregate amount advanced pursuant to this Section 1.2(a)(i) against the aggregate manufactured housing Inventory of FMC and FRC shall not exceed 25% of the Aggregate Availability (the “Manufactured Housing Inventory Limit”). The Revolving Credit Lenders, however, in their unanimous discretion, may elect to make Revolving Loans or issue or arrange to have issued Letters of Credit in excess of the Availability Aggregate Borrowing Bases or the Borrowing Base of FMC or FRC or the Manufactured Housing Inventory Limit, as applicable, on one or more occasions, but if they do so, neither the Agent nor the Revolving Credit Lenders shall be deemed thereby to have changed the limits of the Total Credit Facility Borrowing Base of FMC or FRC, or the Availability Aggregate Borrowing Bases or the Manufactured Housing Inventory Limit or to be obligated to exceed such limits on any other occasion. If the sum of outstanding Revolving Loans and the aggregate amount of Pending Revolving Loans, together with all outstanding indebtedness owing by Borrowers under all outstanding Letters of Credit, exceeds the Availability, Lenders may refuse to make or otherwise restrict the making of Revolving Loans as Lenders determine until such excess has been eliminated, subject to the Agent’s authority, in its sole discretion, to make Agent Advances pursuant to the terms of subparagraph 2.2(i).

Appears in 1 contract

Samples: Credit Agreement (Fleetwood Enterprises Inc/De/)

Amounts. Subject to the satisfaction of the conditions precedent set forth in Section Six and so long as no Default or Event of Default then existsArticle 10, each the Lender severally, but not jointly, agrees, upon Borrowers’ a Borrower's request from time to time on any Business Day during the period from the date hereof Closing Date to the Maturity Termination Date, to make revolving loans (the "Revolving Loans") to Borrowers, the Borrower in amounts not to exceed (except for Bank the Borrowing Base of America with respect to Non-Ratable Loans and except for the Agent with respect to Agent Advances) such Lender’s Pro Rata Share of the Borrowers’ AvailabilityBorrower. The LendersLender, however, in their unanimous discretion, may elect to make Revolving Loans or issue or arrange to have issued Letters of Credit in excess of the Availability of a Borrower on one or more occasions, occasions but if they do so, neither it does so the Agent nor the Lenders Lender shall not be deemed thereby to have changed the limits of the Total Credit Facility or the Availability Borrowing Base or to be obligated to exceed such limits on any other occasion. If the sum Aggregate Revolver Outstandings of outstanding Revolving Loans and a Borrower exceed the aggregate amount Borrowing Base of Pending Revolving Loanssuch Borrower, together with or the Aggregate Revolver Outstandings of all outstanding indebtedness owing by Borrowers under exceed the Borrowing Base of all outstanding Letters of Credit, exceeds Borrowers or the Aggregate Availability, Lenders the Lender may refuse to make or otherwise restrict the making of Revolving Loans as Lenders determine the Lender determines until such excess has been eliminated, subject . All Revolving Loans shall be deemed first to be Inventory Loans to the Agent’s authoritymaximum amount permitted under the definition of Borrowing Base, in its sole discretion, and payments of Revolving Loans shall be applied first to make Agent Advances pursuant to the terms of subparagraph 2.2(i)Revolving Loans other than Inventory Loans except as required by Section 4.4 or 4.5.

Appears in 1 contract

Samples: Loan and Security Agreement (Cerprobe Corp)

Amounts. Subject to the satisfaction of the conditions precedent set forth in Section Six and so long as no Default or Event of Default then existsARTICLE 8, each Lender severally, but not jointly, agrees, upon Borrowers’ the Administrative Borrower's request from time to time on any Business Day during the period from the date hereof Closing Date to the Maturity Termination Date, to make revolving loans (including, without limitation, pursuant to the terms of this Agreement and subject to the limitations set forth in this Agreement, revolving loans in respect of the Maximum Fixed Assets Loan Amount) (the "Revolving Loans") to Borrowers, the Borrowers in amounts not to exceed (such Lender's Pro Rata Share of Excess Availability, except for Bank of America with respect to Non-Ratable Loans and except for the Agent with respect to Agent Advances) such Lender’s Pro Rata Share of the Borrowers’ Availability. The Lenders, however, in their unanimous discretion, may elect to make Revolving Loans or issue or arrange to have issued Letters of Credit in excess of the Availability Borrowing Base on one or more occasions, but if they do so, neither the Agent nor the Lenders shall be deemed thereby to have changed the limits of the Total Credit Facility or the Availability Borrowing Base or to be obligated to exceed such limits on any other occasion. If the sum of outstanding Revolving Loans and the aggregate amount of Pending Revolving Loans, together with all outstanding indebtedness owing by Borrowers under all outstanding Letters of Credit, exceeds the any Borrowing would exceed Excess Availability, the Lenders may refuse to make or may otherwise restrict the making of Revolving Loans as the Lenders determine until such excess has been eliminated, subject to the Agent’s 's authority, in its sole discretion, to make Agent Advances pursuant to the terms of subparagraph 2.2(iSECTION 1.2(I).

Appears in 1 contract

Samples: Credit Agreement (Andrx Corp /De/)

Amounts. Subject to the satisfaction of the conditions precedent set forth in Section Six Article 10 and so long subject to the Interim Bankruptcy Court Order and the Final Bankruptcy Court Order, as no Default or Event of Default then existsthe case may be, each Lender severally, but not jointly, severally agrees, upon the Borrowers' request from time to time on any Business Day during the period from the date hereof Closing Date to but excluding the Maturity Termination Date, to make revolving loans (the "Revolving Loans") to the Borrowers, in amounts not to exceed (except for Bank of America BABC with respect to Non-Ratable BABC Loans and except for the Agent with respect to or Agent Advances) such Lender’s 's Pro Rata Share of the Borrowers’ Combined Availability. The Lenders, however, in their unanimous discretion, may elect to make Revolving Loans to the Borrowers or participate (as provided for in Section 2.3(f)) in the credit support or enhancement provided through the Agent to the issuers of Letters of Credit in excess of the Combined Availability on one or more occasions, but if they do so, neither the Agent nor the Lenders shall be deemed thereby to have changed the limits of the Total Credit Facility Maximum Revolver Amount or the Combined Availability or to be obligated to exceed such limits on any other occasion. If the sum of outstanding Revolving Loans and Combined Availability is equal or less than zero, the aggregate amount of Pending Revolving Loans, together with all outstanding indebtedness owing by Borrowers under all outstanding Letters of Credit, exceeds the Availability, Lenders may refuse to make or otherwise restrict the making of Revolving Loans as the Lenders determine until such excess has been eliminatedthe Combined Availability is greater than zero, subject to the Agent’s 's authority, in its sole discretion, to make Agent Advances pursuant to the terms of subparagraph Section 2.2(i). All loans (including principal, accrued interest and fees) and all other obligations owing under the Interim Agreement and related documents shall be deemed to be Revolving Loans hereunder and/or other Obligations owing under this Agreement. Subject to the terms and conditions set forth herein, the Borrowers may borrow, prepay and reborrow Revolving Loans.

Appears in 1 contract

Samples: Loan and Security Agreement (Acme Metals Inc /De/)

Amounts. Subject to the satisfaction of the conditions precedent set forth in Section Six and so long as no Default or Event of Default then existsArticle 8, each Lender severally, but not jointly, agrees, upon Borrowers’ a Borrower’s request from time to time on any Business Day during the period from the date hereof Closing Date to the Maturity Termination Date, to make revolving loans (the “Revolving Loans”) to Borrowersthe Borrowers (including Ex-Im Bank Revolving Loans; provided, however, no Lender shall have any obligation to extend an Ex-Im Bank Revolving Loan to any Borrower after May 26, 2009) in amounts not to exceed (except for Bank of America with respect to Non-Ratable Loans and except for the Agent with respect to Agent Advances) such Lender’s Pro Rata Share of the Borrowers’ Availability, except for Non-Ratable Loans and Agent Advances and, as otherwise set forth herein, with respect to Ex-Im Bank Revolving Loans. The Lenders, however, in their unanimous discretion, may elect to make Revolving Loans or issue or arrange to have issued Letters of Credit in excess of the Availability Borrowing Base on one or more occasions, but if they do so, neither the Agent nor the Lenders shall be deemed thereby to have changed the limits of the Total Credit Facility or the Availability Borrowing Base or to be obligated to exceed such limits on any other occasion. If the sum of outstanding Revolving Loans and the aggregate amount of Pending Revolving Loans, together with all outstanding indebtedness owing by Borrowers under all outstanding Letters of Credit, exceeds the any Borrowing would exceed Availability, the Lenders may refuse to make or may otherwise restrict the making of Revolving Loans as the Lenders determine until such excess has been eliminated, subject to the Agent’s authority, in its sole discretion, to make Agent Advances pursuant to the terms of subparagraph 2.2(iSection 1.2(i).

Appears in 1 contract

Samples: Credit Agreement (Unifi Inc)

Amounts. Subject to the satisfaction of the conditions precedent set forth in Section Six and so long as no Default or Event of Default then exists, each Lender severally, but not jointly, agrees, upon BorrowersBxxxxxxxx’ request from time to time on any Business Day during the period from the date hereof to the Maturity Date, to make revolving loans (the “Revolving Loans”) to Borrowers, in amounts not to exceed (except for Bank of America Wxxxx Fargo with respect to Non-Ratable Loans and except for the Agent with respect to Agent Advances) such LenderLxxxxx’s Pro Rata Share of the Borrowers’ Availability. The Lenders, however, in their unanimous discretion, may elect to make Revolving Loans in excess of the Availability on one or more occasions, but if they do so, neither the Agent nor the Lenders shall be deemed thereby to have changed the limits of the Total Credit Facility or the Availability or to be obligated to exceed such limits on any other occasion, subject to the Agent’s authority, in its discretion, to make Agent Advances pursuant to the terms of Section 2.2(i). If the sum of outstanding Revolving Loans and the aggregate amount of Pending Revolving Loans, together with all outstanding indebtedness owing by Borrowers under all outstanding Letters Letter of CreditCredit Obligations, exceeds the Availability, Lenders Lxxxxxx may refuse to make or otherwise restrict the making of Revolving Loans as Lenders determine until such excess has been eliminated, subject to the Agent’s authority, in its sole discretion, to make Agent Advances pursuant to the terms of subparagraph Section 2.2(i).

Appears in 1 contract

Samples: Loan and Security Agreement (Regional Management Corp.)

Amounts. Subject to the satisfaction of the conditions precedent set forth in Section Six and so long as no Default or Event of Default then existsArticle 11, each Lender severally, but not jointly, agrees, upon Borrowers’ a Borrower’s request from time to time on any Business Day during the period from the date hereof Closing Date to the Maturity Termination Date, to make revolving loans (the “Revolving Loans”) to Borrowers, the Borrowers in amounts not to exceed (except for Bank of America the Swingline Lender with respect to Non-Ratable Swingline Loans and except for the Administrative Agent with respect to Agent Advances) such Lender’s Pro Rata Share of the Borrowers’ AvailabilityBorrowing Base. The Lenders, however, in their unanimous discretion, may elect to make Revolving Loans or issue or arrange to have issued Letters of Credit in excess of the amount of Availability on one or more occasions, but if they do so, neither the Agent Agents nor the Lenders shall be deemed thereby to have changed the limits of the Total Credit Facility or the Availability Borrowing Base or to be obligated to exceed such limits on any other occasion. If the sum of outstanding Revolving Loans and Aggregate Revolver Outstandings exceed the aggregate amount of Pending Revolving LoansBorrowing Base, together with all outstanding indebtedness owing by Borrowers under all outstanding Letters of Credit, exceeds the Availability, Lenders may refuse to make or otherwise restrict the making of Revolving Loans and the issuance of Letters of Credit as the Lenders determine until such excess has been eliminated, subject to the Administrative Agent’s authority, in its sole discretion, to make Agent Advances pursuant to the terms of subparagraph Section 2.2(i).

Appears in 1 contract

Samples: Loan and Security Agreement (EveryWare Global, Inc.)

Amounts. Subject to the satisfaction of the conditions precedent set forth in Section Six and so long as no Default or Event of Default then existsArticle 8, each Lender severally, but not jointly, agrees, upon Borrowers’ the Funds Administrator's request from time to time on any Business Day during the period from the date hereof Closing Date to the Maturity Termination Date, to make revolving loans (the "Revolving Loans") to Borrowers, the Borrowers on a joint and several basis in amounts not to exceed (except for Bank such Lender's Pro Rata Share of America Availability with respect to Garlock Sealing or the Excess Collateral Providers, as the case may xx (xx if less, such Lender's Pro Rata Share of Aggregate Availability), on behalf of which such request is made, except for Non-Ratable Loans and except for the Agent with respect to Agent Advances) such Lender’s Pro Rata Share of the Borrowers’ Availability. The Lenders, however, in their unanimous discretion, may elect to make Revolving Loans or issue or arrange to have issued Letters of Credit in excess of the Availability applicable Garlock Sealing Borrowing Base or the Excess Collateral Providers Boxxxxxxx Base (as applicable) on one or more occasions, but if they do so, neither the Agent nor the Lenders shall be deemed thereby to have changed the limits of the Total Credit Facility or the Availability such Borrowing Base or to be obligated to exceed such limits on any other occasion. If any Borrowing to Garlock Sealing would exceed the sum Availability of outstanding Revolving Loans and Garlock Sealing, anx Xxxxxwing to the aggregate amount Excess Collateral Providers woxxx xxxeed the Availability of Pending Revolving Loansthe Excess Collateral Providers, together with all outstanding indebtedness owing by Borrowers under all outstanding Letters of Credit, exceeds the or any Borrowing to any Borrower exceed Aggregate Availability, the Lenders may refuse to make or may otherwise restrict the making of such Revolving Loans as the Lenders determine until such excess has been eliminated, subject to the Agent’s 's authority, in its sole discretion, to make Agent Advances pursuant to the terms of subparagraph 2.2(iSection 1.2(i).

Appears in 1 contract

Samples: Credit Agreement (Enpro Industries Inc)

Amounts. Subject to the satisfaction of the conditions precedent set forth in Section Six and so long as no Default or Event of Default then existsArticle 8, each Lender severally, but not jointly, agrees, upon Borrowers’ a Borrower's request from time to time on any Business Day during the period from the date hereof Closing Date to the Maturity Termination Date, to make revolving loans (including revolving loans made pursuant to Section 1.2(h) and Non-Ratable Loans and Agent Advances made pursuant to Section 1.2(i) and Section 1.2(j), respectively, the "Revolving Loans") to Borrowers, the Borrowers in amounts not to exceed (such Lender's Pro Rata Share, based upon its Revolving Loans Commitment, of the Availability, except for Bank of America with respect to Non-Ratable Loans and except for the Agent with respect to Agent Advances) such Lender’s Pro Rata Share of the Borrowers’ Availability. The Lenders, however, in their unanimous discretion, may elect to make Revolving Loans or issue or arrange to have issued Letters of Credit in excess of the Availability or the Borrowing Base on one or more occasions, but but, if they do so, neither the Agent nor the Lenders shall be deemed thereby to have changed the limits of the Total Credit Facility Availability or the Availability Borrowing Base or to be obligated to exceed such limits on any other occasion. If the sum of outstanding Revolving Loans and Aggregate Revolver Outstandings would exceed Availability after giving effect to any Borrowing, then the aggregate amount of Pending Revolving Loans, together with all outstanding indebtedness owing by Borrowers under all outstanding Letters of Credit, exceeds the Availability, Lenders may refuse to make or may otherwise restrict the making of Revolving Loans and the issuance of Letters of Credit as the Lenders determine until such excess has been eliminated, subject to the Agent’s 's authority, in its sole discretion, to make Agent Advances pursuant to the terms of subparagraph 2.2(iSection 1.2(j).

Appears in 1 contract

Samples: Credit Agreement (Imperial Sugar Co /New/)

Amounts. Subject to the satisfaction of the conditions precedent set forth in Section Six and so long as no Default or Event of Default then existsArticle 10, each Lender severally, but not jointly, severally agrees, upon Borrowers’ a Borrower's request from time to time on any Business Day during the period from the date hereof Closing Date to the Maturity Termination Date, to make revolving loans (the "Revolving Loans") to Borrowerssuch Borrower, in amounts not to exceed (except for Bank of America BABC with respect to Non-Ratable Loans and except for the BABC Loans, Agent with respect to Agent Advances or Over Advances) such Lender’s 's Pro Rata Share of the Borrowers’ such Borrower's Availability. The Lenders, however, in their unanimous discretion, may elect to make Revolving Loans or participate (as provided for in Section 2.4(f)) in the credit support or enhancement provided through the Agent to the issuers of Letters of Credit for the account of a Borrower in excess of the such Borrower's Availability on one or more occasions, but if they do so, neither the Agent nor the Lenders shall be deemed thereby to have changed the limits of the Total Credit Facility Individual Revolver Amount or the Availability of a Borrower or to be obligated to exceed such limits on any other occasion. If the sum Aggregate Revolver Outstandings for the account of outstanding Revolving Loans and the aggregate amount of Pending Revolving Loans, together with all outstanding indebtedness owing by Borrowers under all outstanding Letters of Credit, a Borrower exceeds the AvailabilityAvailability of such Borrower (with such Availability for this purpose calculated as if the Aggregate Revolver Outstandings for the account of such Borrower were zero), the Lenders may refuse to make or otherwise restrict the making of Revolving Loans for the account of either Borrower as the Lenders determine until such excess has been eliminated, subject to the Agent’s 's authority, in its sole discretion, to make Agent Advances pursuant to the terms of subparagraph Section 2.2(i), and subject to the Agent's authority, in its sole discretion, to make Over Advances pursuant to the terms of Section 2.2(j).

Appears in 1 contract

Samples: Loan and Security Agreement (Strategic Distribution Inc)

Amounts. Subject to the satisfaction of the conditions precedent set forth in Section Six Article 8 (and so long as no Default or Event of Default then existswith respect to Ex-Im Bank Revolving Loans, such other conditions precedent imposed by the Bank), each Lender severally, but not jointly, agrees, upon Borrowers’ a Borrower’s request from time to time on any Business Day during the period from the date hereof Closing Date to the Maturity Termination Date, to make revolving loans (the “Revolving Loans”) to Borrowersthe Borrowers (including Ex-Im Bank Revolving Loans to Borrowers that are eligible borrowers under an Ex-Im Bank Guaranteed Loan; provided, however, no Lender shall have any obligation to extend an Ex-Im Bank Revolving Loan to any Borrower after the sooner of three (3) years after the Funding Date of the initial Ex-Im Bank Revolving Loan, if any, or the Termination Date) in amounts not to exceed (except for Bank of America with respect to Non-Ratable Loans and except for the Agent with respect to Agent Advances) such Lender’s Pro Rata Share of the Borrowers’ Availability, except for Non Ratable Loans and Agent Advances and, as otherwise set forth herein, with respect to Ex-Im Bank Revolving Loans. The Lenders, however, in their unanimous discretion, may elect to make Revolving Loans or issue or arrange to have issued Letters of Credit in excess of the Availability Borrowing Base on one or more occasions, but if they do so, neither the Agent nor the Lenders shall be deemed thereby to have changed the limits of the Total Credit Facility or the Availability Borrowing Base or to be obligated to exceed such limits on any other occasion. If the sum of outstanding Revolving Loans and the aggregate amount of Pending Revolving Loans, together with all outstanding indebtedness owing by Borrowers under all outstanding Letters of Credit, exceeds the any Borrowing would exceed Availability, the Lenders may refuse to make or may otherwise restrict the making of Revolving Loans as the Lenders determine until such excess has been eliminated, subject to the Agent’s authority, in its sole discretion, to make Agent Advances pursuant to the terms of subparagraph 2.2(iSection 1.2(i).

Appears in 1 contract

Samples: Credit Agreement (Unifi Inc)

Amounts. Subject to the satisfaction terms and conditions of the conditions precedent set forth in Section Six and so long as no Default or Event of Default then existsthis Agreement, each Lender severally, but not jointly, agrees, upon ACL's request on behalf of the Borrowers’ request , from time to time on any Business Day during the period from the date hereof Closing Date to the Maturity Termination Date, to make revolving loans (the "Revolving Loans") to Borrowers, the Borrowers in amounts not to exceed (except for Bank of America with respect to Non-Ratable Loans and except for the Agent with respect to Agent Advances) such Lender’s 's Pro Rata Share of the Borrowers’ Availability. The LendersCommitments, provided, however, that at no time shall Revolving Loans be made if, as a result thereof, the Aggregate Revolver Outstandings would exceed the Borrowing Base. Notwithstanding the proviso in the preceding sentence, the Lenders may, in their unanimous discretion, may elect to make Revolving Loans in excess of that would cause the Availability Aggregate Revolver Outstandings to exceed the Borrowing Base on one or more occasions, but if they do so, neither the Agent nor the Lenders shall be deemed thereby to have changed the limits of the Total Credit Facility or the Availability Borrowing Base or to be obligated to exceed such limits on any other occasion. If the sum of outstanding any requested Revolving Loans and the aggregate amount of Pending Revolving Loans, together with all outstanding indebtedness owing by Borrowers under all outstanding Letters of Credit, Loan exceeds the Availability, Unused Availability then the Lenders may refuse to make or may otherwise restrict the making of such Revolving Loans as Lenders determine until such excess has been eliminatedLoan, subject to the Agent’s 's authority, in its sole discretion, to make Agent Advances pursuant to the terms of subparagraph 2.2(iSection 2.01(b)(x).

Appears in 1 contract

Samples: Loan Agreement (American Barge Line Co)

Amounts. Subject to the satisfaction of the conditions precedent set forth in Section Six and so long as no Default or Event of Default then existsArticle 10, each Lender severally, but not jointly, severally agrees, upon Borrowers’ the Borrower's request from time to time on any Business Day during the period from the date hereof Closing Date to but excluding the Maturity Termination Date, to make revolving loans (the "Revolving Loans") to Borrowersthe Borrower, in amounts not to exceed (except for Bank of America BABC with respect to Non-Ratable BABC Loans and except for the Agent with respect to or Agent Advances) such Lender’s 's Pro Rata Share of the Borrowers’ Borrower's Availability. The Lenders, however, in their unanimous discretion, may elect to make Revolving Loans or participate (as provided for in Section 2.4(f)) in the credit support or enhancement provided through the Agent to the issuers of Letters of Credit in excess of the Availability on one or more occasions, but if they do so, neither the Agent nor the Lenders shall be deemed thereby to have changed the limits of the Total Credit Facility Maximum Revolver Amount or the Availability or to be obligated to exceed such limits on any other occasion. If the sum of outstanding Revolving Loans and Loans, the aggregate amount of Pending Revolving Loans, together with all outstanding indebtedness owing by Borrowers under all the undrawn amount of outstanding Letters of Credit, Credit and any unpaid reimbursement obligations in respect of Letters of Credit exceeds the Availability, the Lenders may refuse to make or otherwise restrict the making of Revolving Loans as the Lenders determine until such excess has been eliminated, subject to the Agent’s 's authority, in its sole discretion, to make Agent Advances pursuant to the terms of subparagraph Section 2.2(i).

Appears in 1 contract

Samples: Loan and Security Agreement (United States Leather Inc /Wi/)

Amounts. Subject to the satisfaction of the conditions precedent set forth in Section Six and so long as no Default or Event of Default then existsArticle 8, each Lender severally, but not jointly, agrees, upon Borrowers’ a Borrower’s request from time to time on AMENDED AND RESTATED CREDIT AGREEMENT any Business Day during the period from the date hereof Closing Date to the Maturity Termination Date, to make revolving loans (including revolving loans made pursuant to Section 1.2(h) and Non-Ratable Loans and Agent Advances made pursuant to Section 1.2(i) and Section 1.2(j), respectively, the “Revolving Loans”) to Borrowers, the Borrowers in amounts not to exceed (such Lender’s Pro Rata Share, based upon its Revolving Loans Commitment, of the Availability, except for Bank of America with respect to Non-Ratable Loans and except for the Agent with respect to Agent Advances) such Lender’s Pro Rata Share of the Borrowers’ Availability. The Lenders, however, in their unanimous discretion, may elect to make Revolving Loans or issue or arrange to have issued Letters of Credit in excess of the Availability or the Borrowing Base on one or more occasions, but but, if they do so, neither the Agent nor the Lenders shall be deemed thereby to have changed the limits of the Total Credit Facility Availability or the Availability Borrowing Base or to be obligated to exceed such limits on any other occasion. If the sum of outstanding Revolving Loans and Aggregate Revolver Outstandings would exceed Availability after giving effect to any Borrowing, then the aggregate amount of Pending Revolving Loans, together with all outstanding indebtedness owing by Borrowers under all outstanding Letters of Credit, exceeds the Availability, Lenders may refuse to make or may otherwise restrict the making of Revolving Loans and the issuance of Letters of Credit as the Lenders determine until such excess has been eliminated, subject to the Agent’s authority, in its sole discretion, to make Agent Advances pursuant to the terms of subparagraph 2.2(iSection 1.2(j).

Appears in 1 contract

Samples: Credit Agreement (Imperial Sugar Co /New/)

Amounts. Subject to the satisfaction of the conditions precedent set forth in Section Six and so long as no Default or Event of Default then existsArticle 10, each Lender severally, but not jointly, severally agrees, upon Borrowers’ the Borrower's request from time to time on any Business Day during the period from the date hereof Closing Date to the Maturity Termination Date, to make revolving loans (the "Revolving Loans") to Borrowersthe Borrower, in amounts not to exceed (except for Bank of America with respect to Non-Ratable Loans and except for the Agent with respect to Agent AdvancesBABC Loans) such Lender’s 's Pro Rata Share of the Borrowers’ Borrower's Revolver Availability. The Lenders, however, in their unanimous discretion, may elect to make Revolving Loans or participate (as provided for in Section 2.4(f)) in the credit support or enhancement provided through the Agent to the issuers of Letters of Credit in excess of the Revolver Availability on one or more occasions, but if they do so, neither the Agent nor the Lenders shall be deemed thereby to have changed the limits of the Total Credit Facility Maximum Revolver Amount or the Revolver Availability or to be obligated to exceed such limits on any other occasion. If the sum of outstanding Revolving Loans and Loans, the aggregate amount of Pending Revolving Loans, together with all outstanding indebtedness owing by Borrowers under all the undrawn amount of outstanding Letters of Credit, Credit and any unpaid reimbursement obligations in respect of Letters of Credit exceeds the Revolver Availability, the Lenders may refuse to make or otherwise restrict the making of Revolving Loans as the Lenders determine until such excess has been eliminated, subject to the Agent’s authority, in its sole discretion, to make Agent Advances pursuant to the terms of subparagraph 2.2(i).

Appears in 1 contract

Samples: Loan and Security Agreement (LDM Technologies Co)

Amounts. Subject to the satisfaction of the conditions precedent set forth in Section Six SECTIONS 10.1 and so long as no Default or Event of Default then exists10.3, each Lender severally, but not jointly, agrees, upon Borrowers’ any Borrower's request from time to time on any Business Day during the period from the date hereof Closing Date to the Maturity Termination Date, to make revolving loans (the "Revolving Loans") to Borrowers, such Borrower in amounts not to exceed (except for the Bank of America with respect to Non-Ratable Loans and except for the Agent with respect to Agent Advances) such Lender’s 's Pro Rata Share of the Borrowers’ Availabilityportion of the Borrowing Base allocable to such Borrower (as shown on the most recent Borrowing Base Certificate delivered to the Agent); PROVIDED, HOWEVER, that the aggregate principal amount of all outstanding Revolving Loans made to the Borrowers shall not exceed the Borrowing Base, except to the extent permitted under SECTION 13.1. The Lenders, however, in their unanimous discretion, may elect to make Revolving Loans or issue or arrange to have issued Letters of Credit in excess of the Availability for a particular Borrower or Total Availability on one or more occasions, but if they do so, neither the Agent nor the Lenders shall be deemed thereby to have changed the limits of the Total Credit Facility or the Availability Borrowing Base or to be obligated to exceed such limits on any other occasion. If the sum of outstanding Aggregate Revolver Outstandings exceed, or after giving effect to the Pending Revolving Loans and would exceed, the aggregate amount of Pending Revolving LoansBorrowing Base, together with all outstanding indebtedness owing by Borrowers under all outstanding Letters of Credit, exceeds the Availability, Lenders may refuse to make or otherwise restrict the making of Revolving Loans as the Lenders determine until such excess has been eliminated, subject to the Agent’s 's authority, in its sole discretion, to make Agent Advances pursuant to the terms of subparagraph 2.2(iSECTION 2.2(I).

Appears in 1 contract

Samples: Loan and Security Agreement (Worldtex Inc)

Amounts. Subject to the satisfaction of the conditions precedent set forth in Section Six and so long as no Default or Event of Default then existsARTICLE II, each Lender severally, but not jointly, agrees, upon Borrowers’ the Borrower's request from time to time on any Business Day during the period from the date hereof Closing Date to the Maturity Termination Date, to make revolving loans (together with each Agent Advance and Non-Ratable Loan, the “Revolving Loans”"REVOLVING LOANS") to Borrowers, the Borrower in amounts not to exceed (such Lender's Pro Rata Share of Availability, except for Bank of America with respect to Non-Ratable Loans and except for the Agent with respect to Agent Advances) such Lender’s Pro Rata Share of the Borrowers’ Availability. The Lenders, however, in their unanimous discretion, may elect to make Revolving Loans or issue or arrange to have issued Letters of Credit in excess of the Availability Borrowing Base on one or more occasions, but if they do so, neither the Agent nor the Lenders shall be deemed thereby to have changed the limits of the Total Credit Facility or the Availability Borrowing Base or to be obligated to exceed such limits on any other occasion. If the sum of outstanding Revolving Loans and Aggregate Revolver Outstandings exceed the aggregate amount of Pending Revolving LoansBorrowing Base, together with all outstanding indebtedness owing by Borrowers under all outstanding Letters of Credit, exceeds the Availability, Lenders may refuse to make or may otherwise restrict the making of Revolving Loans as the Lenders determine until such excess has been eliminated, subject to the Agent’s 's authority, in its sole discretion, to make Agent Advances pursuant to the terms of subparagraph 2.2(iSECTION 1.2(I). Each Lender is purchasing a portion of the Existing Revolving Loan and a portion of the Existing Acquisition Loan. A portion of the outstanding principal balance of the Existing Revolving Loan in the aggregate principal amount of $9,483,333.33 is hereby restated as a portion of the outstanding Revolving Loans hereunder.

Appears in 1 contract

Samples: Credit Agreement (Packaged Ice Inc)

Amounts. Subject to the satisfaction of the conditions ------- precedent set forth in Section Six Article 8, and so long as no Default or Event of Default then existsexcept for Non-Ratable Loans and Agent --------- Advances, each Lender severally, but not jointly, agrees, upon Borrowers’ a Borrower's request from time to time on any Business Day during the period from the date hereof Closing Date to the Maturity Termination Date, to make revolving loans (the "Revolving Loans") to Borrowers, the Borrowers in aggregate amounts not to exceed (except for Bank of America with respect to Non-Ratable Loans and except for the Agent with respect to Agent Advances) such Lender’s 's Pro Rata Share of the Borrowers’ Availability. The Lenders, however, in their unanimous discretion, may elect to make Revolving Loans in excess of the Availability may, on one or more occasions, elect to make Revolving Loans, or issue or arrange to have issued Letters of Credit, in excess of Availability, but if they do so, neither the Agent nor the Lenders shall be deemed thereby to have changed the limits of the Total Credit Facility or the Availability for Borrowers or to be obligated to exceed such limits on any other occasion. If the sum of outstanding Revolving Loans and the aggregate amount of Pending Revolving Loans, together with all outstanding indebtedness owing by Borrowers under all outstanding Letters of Credit, exceeds the any Borrowing would exceed Availability, the Lenders may refuse to make or otherwise restrict the making of Revolving Loans to Borrowers, as the Lenders determine until such excess has been eliminated, subject to the Agent’s 's authority, in its sole discretion, to make Agent Advances pursuant to the terms of subparagraph 2.2(iSection 1.2(i). The entire unpaid balance of the Revolving -------------- Loans and all other non-contingent Obligations (other than Bank Products) shall be immediately due and payable in full in immediately available funds on the Termination Date.

Appears in 1 contract

Samples: Credit Agreement (Mail Well Inc)

Amounts. Subject to the satisfaction of the conditions precedent set forth in Section Six and so long as no Default or Event of Default then existsArticle 10, each Lender severally, but not jointly, severally agrees, upon Borrowers’ the Borrower's request from time to time on any Business Day during the period from the date hereof Closing Date to the Maturity Termination Date, to make revolving loans (the "Revolving Loans") to Borrowersthe Borrower, in amounts not to exceed (except for Bank of America with respect to Non-Ratable Loans and except for the Agent with respect to Agent AdvancesBANA Loans) such Lender’s 's Pro Rata Share of the Borrowers’ Borrower's Revolver Availability. The Lenders, however, in their unanimous discretion, may elect to make Revolving Loans or participate (as provided for in Section 2.4(f) in the credit support or enhancement provided through the Agent to the issuers of Letters of Credit in excess of the Revolver Availability on one or more occasions, but if they do so, neither the Agent nor the Lenders shall be deemed thereby to have changed the limits of the Total Credit Facility Maximum Revolver Amount or the Revolver Availability or to be obligated to exceed such limits on any other occasion. If the sum of outstanding Revolving Loans and Loans, the aggregate amount of Pending Revolving Loans, together with all outstanding indebtedness owing by Borrowers under all the undrawn amount of outstanding Letters of Credit, Credit and any unpaid reimbursement obligations in respect of Letters of Credit exceeds the Revolver Availability, the Lenders may refuse to make or otherwise restrict the making of Revolving Loans as the Lenders determine until such excess has been eliminated, subject to the Agent’s authority, in its sole discretion, to make Agent Advances pursuant to the terms of subparagraph 2.2(i).

Appears in 1 contract

Samples: Loan and Security Agreement (LDM Technologies Inc)

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Amounts. Subject to the satisfaction of the conditions precedent set forth in Section Six and so long as no Default or Event of Default then existsArticle 10, each Lender severally, but not jointly, agrees, upon Borrowers’ the Borrower’s request from time to time on any Business Day during the period from the date hereof Loan Availability Date to the Maturity Termination Date, to make revolving loans (the “Revolving Loans”) to Borrowers, the Borrower in amounts not to exceed (except for the Bank of America with respect to Non-Ratable Loans and except or for the Agent with respect to Agent Advances) such Lender’s Pro Rata Share of the Borrowers’ AvailabilityBorrowing Base. The Lenders, however, in their unanimous discretion, may elect to make Revolving Loans or issue or arrange to have issued, or participate (as provided for in Section 2.4(f)) in the credit support or enhancement provided through the Agent to the Letter of Credit Issuer in excess of the Availability on one or more occasions, but if they do so, neither the Agent nor the Lenders shall be deemed thereby to have changed the limits of the Total Credit Facility or the Availability Borrowing Base or to be obligated to exceed such limits on any other occasion. If the sum of outstanding Revolving Loans and Aggregate Revolver Outstandings exceed the aggregate amount of Pending Revolving LoansBorrowing Base, together with all outstanding indebtedness owing by Borrowers under all outstanding Letters of Credit, exceeds the Availability, Lenders may refuse to make or otherwise restrict the making of Revolving Loans as the Lenders determine until such excess has been eliminated, subject to the Agent’s authority, in its sole discretion, to make Agent Advances pursuant to the terms of subparagraph Section 2.2(i).

Appears in 1 contract

Samples: Loan and Security Agreement (Advanced Micro Devices Inc)

Amounts. Subject to the satisfaction of the conditions precedent set forth in Section Six and so long as no Default or Event of Default then existsArticle 9, each Lender severally, but not jointly, severally agrees, upon Borrowers’ the Parent's request from time to time on any Business Day during the period from the date hereof to the Maturity Datetime, to make revolving loans (Post-Petition Revolving Loans to the “Revolving Loans”) to Borrowers, in amounts not to exceed (except for Bank of America with respect to Non-Ratable Settlement Loans and except for the Agent with respect to or Agent Advances) such Lender’s 's Pro Rata Share of the Borrowers’ AvailabilityAvailability at such time. The Lenders, however, in their unanimous discretion, may elect to make Revolving Loans or participate (as provided for in Section 2.2(f)) in the credit support or enhancement provided through the Agent to the issuers of Letters of Credit in excess of the Availability on one or more occasions, but if they do so, neither the Agent nor the Lenders shall be deemed thereby to have changed the limits of the Total Credit Facility or the Availability Maximum Revolver Amount or to be obligated to exceed such limits on any other occasion. If the sum of outstanding Post-Petition Revolving Loans and Loans, the aggregate amount of Pending Revolving Loans, together with all outstanding indebtedness owing by Borrowers under all the undrawn amount of outstanding Letters of Credit, Credit and any unpaid reimbursement obligations in respect of Letters of Credit exceeds the AvailabilityMaximum Revolver Amount, Lenders the Lenders, or any of them, may refuse to make or otherwise restrict the making of Revolving Loans on such terms as Lenders the Lenders, or such Lender, may determine until such excess has been eliminated, subject to the Agent’s authority, in its sole discretion, to make Agent Advances pursuant to the terms of subparagraph 2.2(i).

Appears in 1 contract

Samples: Loan and Security Agreement (Laclede Steel Co /De/)

Amounts. Subject to the satisfaction of the conditions precedent set forth in Section Six and so long as no Default or Event of Default then existsArticle 10, each Lender severally, but not jointly, severally agrees, upon Borrowers’ the Borrower's request from time to time on any Business Day during the period from the date hereof Original Closing Date to the Maturity Termination Date, to make revolving loans (the "Revolving Loans") to Borrowersthe Borrower, in amounts not to exceed (except for Bank of America BofA with respect to Non-Ratable BofA Loans and except for the Agent with respect to or Agent Advances) such Lender’s 's Pro Rata Share of the Borrowers’ Borrower's Availability. The Lenders, however, in their unanimous discretion, may elect to make Revolving Loans or participate (as provided for in Section 2.4(f)) in the credit support or enhancement provided through the Agent to the issuers of Letters of Credit in excess of the Availability on one or more occasions, but if they do so, neither the Agent nor the Lenders shall be deemed thereby to have changed the limits of the Total Credit Facility Maximum Revolver Amount or the Availability or to be obligated to exceed such limits on any other occasion. If the sum of outstanding requested Revolving Loans and exceed the aggregate amount of Pending Revolving LoansAvailability at such time, together with all outstanding indebtedness owing by Borrowers under all outstanding Letters of Credit, exceeds the Availability, Lenders may refuse to make or otherwise restrict the making of such requested Revolving Loans as the Lenders determine until such excess has been eliminated, subject to the Agent’s 's authority, in its sole discretion, to make Agent Advances pursuant to the terms of subparagraph Section 2.2(i). The Borrower acknowledges and agrees that the payment (the "Assignment Payment") made on the Original Closing Date pursuant to Section 3(a)(i) of the Bank Assignment Agreement by BABC to those banks and other financial institutions party to the Original Credit Agreement with respect to the purchase of the outstanding loans made to the Borrower under the Original Credit Agreement shall constitute a Revolving Loan requested by the Borrower in the amount of such payment.

Appears in 1 contract

Samples: Loan and Security Agreement (Sweetheart Holdings Inc \De\)

Amounts. Subject to the satisfaction of the conditions precedent set forth in Section Six and so long as no Default or Event of Default then existsARTICLE 10, each Lender severally, but not jointly, agrees, upon Borrowers’ the Borrower's request from time to time on any Business Day during the period from the date hereof Closing Date to the Maturity Termination Date, to make revolving loans (the “Revolving Loans”"REVOLVING LOANS") to Borrowers, the Borrower in amounts not to exceed (except for the Bank of America with respect to Non-Ratable Loans and except for the Agent with respect to Agent Advances) such Lender’s 's Pro Rata Share of the Borrowers’ AvailabilityBorrowing Base. The Lenders, however, in their unanimous discretion, may elect to make Revolving Loans in excess of the Availability Available Credit on one or more occasions, but if they do so, neither the Agent nor the Lenders shall be deemed thereby to have changed the limits of the Total Credit Facility or the Availability Borrowing Base or to be obligated to exceed such limits on any other occasion. If the sum of outstanding Revolving Loans and Aggregate Revolver Outstandings exceed the aggregate amount of Pending Revolving LoansBorrowing Base, together with all outstanding indebtedness owing by Borrowers under all outstanding Letters of Credit, exceeds the Availability, Lenders may refuse to make or otherwise restrict the making of Revolving Loans as the Lenders determine until such excess has been eliminated, subject to the Agent’s 's authority, in its sole discretion, to make Agent Advances pursuant to the terms of subparagraph SECTION 2.2(i).

Appears in 1 contract

Samples: Loan and Security Agreement (Metals Usa Inc)

Amounts. Subject to the satisfaction terms and conditions of the conditions precedent set forth in Section Six and so long as no Default or Event of Default then existsthis Agreement, each Lender severally, but not jointly, agrees, upon ACL’s request on behalf of the Borrowers’ request , from time to time on any Business Day during the period from the date hereof Closing Date to the Maturity Termination Date, to make revolving loans (the “Revolving Loans”) to Borrowers, the Borrowers in amounts not to exceed (except for Bank of America with respect to Non-Ratable Loans and except for the Agent with respect to Agent Advances) such Lender’s Pro Rata Share of the Borrowers’ Availability. The LendersCommitments, provided, however, that at no time shall Revolving Loans be made if, as a result thereof, the Aggregate Revolver Outstandings would exceed the Borrowing Base. Notwithstanding the proviso in the preceding sentence, the Lenders may, in their unanimous discretion, may elect to make Revolving Loans in excess of that would cause the Availability Aggregate Revolver Outstandings to exceed the Borrowing Base on one or more occasions, but if they do so, neither the Agent nor the Lenders shall be deemed thereby to have changed the limits of the Total Credit Facility or the Availability Borrowing Base or to be obligated to exceed such limits on any other occasion. If the sum of outstanding any requested Revolving Loans and the aggregate amount of Pending Revolving Loans, together with all outstanding indebtedness owing by Borrowers under all outstanding Letters of Credit, Loan exceeds the Availability, Unused Availability then the Lenders may refuse to make or may otherwise restrict the making of such Revolving Loans as Lenders determine until such excess has been eliminatedLoan, subject to the Agent’s authority, in its sole discretion, to make Agent Advances pursuant to the terms of subparagraph 2.2(iSection 2.01(b)(x).

Appears in 1 contract

Samples: Security Agreement (Jeffboat LLC)

Amounts. Subject to the satisfaction of the conditions precedent set forth in Section Six and so long as no Default or Event of Default then existsArticle 8, each Lender severally, but not jointly, agrees, agrees upon Borrowers’ the Borrower’s request from time to time on any Business Day during the period from the date hereof Closing Date to the Maturity Termination Date, to make revolving loans (the “Revolving Loans”) to Borrowers, the Borrowers in amounts not to exceed (except for Bank of America with respect to Non-Ratable Loans and except for the Agent with respect to Agent Advances) such Lender’s Pro Rata Share of Availability and CAPEX Loans (collectively with the Borrowers’ AvailabilityRevolving Loans, the “Loans”) to the Borrowers in amounts not to exceed such Lender’s CAPEX Loan Commitment except in each instance for Non-Ratable Loans and Agent Advances. The Lenders, however, in their unanimous discretion, may elect to make Revolving Loans or issue or arrange to have issued Letters of Credit in excess of the Availability Borrowing Base on one or more occasions, but if they do so, neither the Agent nor the Lenders shall be deemed thereby to have changed the limits of the Total Credit Facility or the Availability Borrowing Base or to be obligated to exceed such limits on any other occasion. If the sum of outstanding Revolving Loans and Aggregate Revolver Outstandings would exceed Availability after giving effect to any Borrowing, the aggregate amount of Pending Revolving Loans, together with all outstanding indebtedness owing by Borrowers under all outstanding Letters of Credit, exceeds the Availability, Lenders may refuse to make or may otherwise restrict the making of Revolving Loans as the Lenders determine until such excess has been eliminated, subject to the Agent’s authority, in its sole discretion, to make Agent Advances pursuant to the terms of subparagraph 2.2(iSection 1.2(i).

Appears in 1 contract

Samples: Credit Agreement (MWI Veterinary Supply, Inc.)

Amounts. Subject to the satisfaction of the conditions precedent set forth in Section Six and so long as no Default or Event of Default then existsARTICLE 10, each Lender severally, but not jointly, severally agrees, upon Borrowers’ the Borrower's request from time to time on any Business Day during the period from the date hereof Closing Date to the Maturity Termination Date, to make revolving loans (the "Revolving Loans") to Borrowersthe Borrower, in amounts not to exceed (except for the Bank of America with respect to Non-Ratable Loans and except for the Loans, Agent with respect to Agent Advances or Over Advances) such Lender’s 's Pro Rata Share of the Borrowers’ Borrower's Availability. The Lenders, however, in their unanimous discretion, may elect to make Revolving Loans or participate (as provided for in SECTION 2.4(f)) in the credit support or enhancement provided through the Agent to the issuers of Letters of Credit for the account of the Borrower in excess of the Borrower's Availability on one or more occasions, but if they do so, neither the Agent nor the Lenders shall be deemed thereby to have changed the limits of the Total Credit Facility Maximum Revolver Amount or the Availability of the Borrower or to be obligated to exceed such limits on any other occasion. If the sum Aggregate Revolver Outstandings for the account of outstanding Revolving Loans and the aggregate amount of Pending Revolving Loans, together with all outstanding indebtedness owing by Borrowers under all outstanding Letters of Credit, Borrower exceeds the AvailabilityAvailability of the Borrower (with such Availability for this purpose calculated as if the Aggregate Revolver Outstandings for the account of the Borrower were zero), the Lenders may refuse to make or otherwise restrict the making of Revolving Loans for the account of the Borrower as the Lenders determine until such excess has been eliminated, subject to the Agent’s 's authority, in its sole discretion, to make Agent Advances pursuant to the terms of subparagraph SECTION 2.2(i), and subject to the Agent's authority, in its sole discretion, to make Over Advances pursuant to the terms of SECTION 2.2(j).

Appears in 1 contract

Samples: Loan and Security Agreement (Strategic Distribution Inc)

Amounts. Subject to the satisfaction of the conditions precedent set forth in Section Six and so long as no Default or Event of Default then existsArticle 10, each Lender severally, but not jointly, severally agrees, upon Borrowers’ the Borrower's request from time to time on any Business Day during the period from the date hereof Initial Funding Date to the Maturity Termination Date, to make revolving loans (the "Revolving Loans") to Borrowersthe Borrower, in amounts not to exceed (except for Bank of America BABC with respect to Non-Ratable BABC Loans and except for the Agent with respect to or Agent Advances) such Lender’s 's Pro Rata Share of the Borrowers’ lesser of (i) the Maximum Revolver Amount and (ii) the Availability. The LendersAll of the Lenders acting in concert, however, in their unanimous discretion, may elect to make Revolving Loans in excess of the Maximum Revolver Amount or the Availability on one or more occasions, but if they do so, neither the Agent nor the Lenders shall be deemed thereby to have changed the limits of the Total Credit Facility Maximum Revolver Amount or the Availability or to be obligated to exceed such limits on any other occasion. If the sum of outstanding Aggregate Revolver Outstandings exceeds the Availability (with Availability for this purpose calculated as if the Aggregate Revolver Outstandings were zero) or if the Revolving Loans and exceed the aggregate amount of Pending Revolving LoansMaximum Revolver Amount, together with all outstanding indebtedness owing by Borrowers under all outstanding Letters of Credit, exceeds the Availability, Lenders may refuse to make or otherwise restrict the making of Revolving Loans as the Lenders determine until such excess has been eliminated, subject to the Agent’s 's authority, in its sole discretion, to make Agent Advances pursuant to the terms of subparagraph Section 2.2(i).

Appears in 1 contract

Samples: Loan and Security Agreement (Consolidated Freightways Corp)

Amounts. Subject to the satisfaction of the conditions precedent set forth in Section Six and so long as no Default or Event of Default then existsArticle 10, each Lender severally, but not jointly, severally agrees, upon Borrowers’ the Borrower's request from time to time on any Business Day during the period from the date hereof Closing Date to the Maturity Termination Date, to make revolving loans (the 'Revolving Loans') to Borrowersthe Borrower, in amounts not to exceed (except for Bank of America BABC with respect to Non-Ratable BABC Loans and except for the Agent with respect to or Agent Advances) such Lender’s 's Pro Rata Share of the Borrowers’ Combined Availability. The Lenders, however, in their unanimous discretion, may elect to make Revolving Loans to the Borrower or participate (as provided for in Section 2.3(f)) in the credit support or enhancement provided through the Agent to the issuers of Letters of Credit in excess of the Combined Availability on one or more occasions, but if they do so, neither the Agent nor the Lenders shall be deemed thereby to have changed the limits of the Total Credit Facility Maximum Revolver Amount or the Combined Availability or to be obligated to exceed such limits on any other occasion. If the sum of (i) the aggregate outstanding Revolving Loans and to the Borrower, (ii) the aggregate amount of Pending Revolving LoansLoans to the Borrower, together with all outstanding indebtedness owing by Borrowers under all (iii) the aggregate undrawn amount of outstanding Letters of Credit, Credit and (iv) any unpaid reimbursement obligations in respect of Letters of Credit exceeds the AvailabilityCombined Availability (with Combined Availability determined as if clauses (b)(i) through (iv) of such definition were zero), the Lenders may refuse to make or otherwise restrict the making of Revolving Loans to the Borrower as the Lenders determine until such excess has been eliminated, subject to the Agent’s 's authority, in its sole discretion, to make Agent Advances pursuant to the terms of subparagraph Section 2.2(i)."

Appears in 1 contract

Samples: Loan and Security Agreement (Hills Stores Co /De/)

Amounts. Subject to the satisfaction of the conditions precedent set forth in Section Six and so long as no Default or Event of Default then existsArticle 8, each Lender severally, but not jointly, agrees, upon Borrowers’ a Borrower's request from time to time on any Business Day during the period from the date hereof Closing Date to the Maturity Termination Date, to make revolving loans (the "Revolving Loans") to Borrowersthe Borrowers (including Ex-Im Bank Revolving Loans; provided, however, no Lender shall have any obligation to extend an Ex-Im Bank Revolving Loan to any Borrower after December 7, 2004) in amounts not to exceed (such Lender's Pro Rata Share of Availability, except for Bank of America with respect to Non-Ratable Loans and except for the Agent Advances and, as otherwise set forth herein, with respect to Agent Advances) such Lender’s Pro Rata Share of the Borrowers’ AvailabilityEx-Im Bank Revolving Loans. The Lenders, however, in their unanimous discretion, may elect to make Revolving Loans or issue or arrange to have issued Letters of Credit in excess of the Availability Borrowing Base on one or more occasions, but if they do so, neither the Agent nor the Lenders shall be deemed thereby to have changed the limits of the Total Credit Facility or the Availability Borrowing Base or to be obligated to exceed such limits on any other occasion. If the sum of outstanding Revolving Loans and the aggregate amount of Pending Revolving Loans, together with all outstanding indebtedness owing by Borrowers under all outstanding Letters of Credit, exceeds the any Borrowing would exceed Availability, the Lenders may refuse to make or may otherwise restrict the making of Revolving Loans as the Lenders determine until such excess has been eliminated, subject to the Agent’s 's authority, in its sole discretion, to make Agent Advances pursuant to the terms of subparagraph 2.2(iSection 1.2(i).

Appears in 1 contract

Samples: Credit Agreement (Unifi Inc)

Amounts. Subject to the satisfaction of the conditions precedent set forth in Section Six and so long as no Default or Event of Default then existsArticle VIII, each Lender severally, but not jointly, agrees, upon Borrowers’ a Borrower's request from time to time on any Business Day during the period from the date hereof Closing Date to the Maturity Termination Date, to make revolving loans (the "Revolving Loans") to the Borrowers (including Revolving Loans that qualify as Ex-Im Bank Guaranteed Loans under the Borrowers, ' Ex-Im Agreement) in amounts not to exceed (such Lender's Pro Rata Share of Availability, except for Bank of America as set forth herein with respect to Non-Ratable Loans and except for the Agent Advances and, as otherwise set forth herein, with respect to Agent Advances) such Lender’s Pro Rata Share of the Borrowers’ AvailabilityEx-Im Bank Guaranteed Loans. The Lenders, however, in their unanimous discretion, may elect to make Revolving Loans or issue or arrange to have issued Letters of Credit in excess of the Availability Borrowing Base on one or more occasions, but if they do so, neither the Agent nor the Lenders shall be deemed thereby to have changed the limits of the Total Credit Facility or the Availability Borrowing Base or to be obligated to exceed such limits on any other occasion. If the sum of outstanding Revolving Loans and Aggregate Revolver Outstandings would exceed Availability after giving effect to any Borrowing, the aggregate amount of Pending Revolving Loans, together with all outstanding indebtedness owing by Borrowers under all outstanding Letters of Credit, exceeds the Availability, Lenders may refuse to make or may otherwise restrict the making of Revolving Loans as the Lenders determine until such excess has been eliminated, subject to the Agent’s 's authority, in its sole discretion, to make Agent Advances pursuant to the terms of subparagraph 2.2(iSection 1.2(i).

Appears in 1 contract

Samples: Credit Agreement (Unova Inc)

Amounts. Subject to the satisfaction of the conditions precedent set forth in Section Six and so long as no Default or Event of Default then existsArticle 8, each Revolving Lender severally, but not jointly, agrees, upon Borrowers’ a Borrower’s request from time to time on any Business Day during the period from the date hereof Closing Date to the Maturity Termination Date, to make revolving loans (the “Revolving Loans”) to Borrowers, such Borrower in amounts not to exceed (except for Bank of America with respect to Non-Ratable Loans and except for the Agent with respect to Agent Advances) such Revolving Lender’s Pro Rata Share of the Borrowers’ AvailabilityAvailability of such Borrower, except for Non–Ratable Loans and Agent Advances. The Revolving Lenders, however, in their unanimous discretiondiscretion and with the prior written consent of the Majority Term Lenders (subject to Section 12.21), may elect to make Revolving Loans to a Borrower or issue or arrange to have issued Letters of Credit for the account of a Borrower in excess of the Availability Borrowing Base of such Borrower on one or more occasions, but if they do so, neither the Administrative Agent nor the Revolving Lenders shall be deemed thereby to have changed the limits of the Total Credit Facility or the Availability Borrowing Base of such Borrower or to be obligated to exceed such limits on any other occasion. If ; provided, that nothing herein shall in any way limit the sum of outstanding Revolving Loans and the aggregate amount of Pending Revolving Loans, together with all outstanding indebtedness owing by Borrowers under all outstanding Letters of Credit, exceeds the Availability, Lenders may refuse to make or otherwise restrict the making of Revolving Loans as Lenders determine until such excess has been eliminated, subject to the Administrative Agent’s authority, in its sole discretion, to make Agent Advances pursuant to the terms of subparagraph 2.2(iSection 1.2(i). If the Administrative Agent has actual knowledge that any Borrowing by a Borrower would exceed Availability of such Borrower, the Revolving Lenders shall not, without the prior written consent of the Majority Term Lenders, make such Borrowing to such Borrower until such excess has been eliminated, subject to the Administrative Agent’s authority, in its sole discretion, to make Agent Advances pursuant to the terms of Section 1.2(i).

Appears in 1 contract

Samples: Credit Agreement (Manufacturers Services LTD)

Amounts. Subject to the satisfaction terms and conditions of this Agreement and relying upon each of the conditions precedent representations and warranties of the Borrower and the Guarantors set forth in Section Six and so long as no Default or Event each of Default then existsthe Loan Documents, each Lender severally, but not jointly, agreesagrees to make Loans and issue Letters of Credit to the Borrower, upon Borrowers’ request at any time and from time to time on any Business Day during and after the period from the date hereof to Closing Date and until the Maturity Date, to make revolving loans (the “Revolving Loans”) to Borrowers, in amounts an aggregate principal amount at any time outstanding not to exceed (except for Bank of America GMAC CF with respect to Non-Ratable Rateable Loans and except for the Agent with respect to Agent Advances) such Lender’s Pro Rata Share of the Borrowers’ Availabilitylesser of (x) the Borrowing Base in effect at such time and (y) the Maximum Revolving Credit Line, consisting of Revolving Loans and Letters of Credit as described in Sections 2.2 and 2.3 hereof, respectively (the “Revolving Credit Facility”). The Lenders, however, in their unanimous discretion, may elect to make Revolving Loans in excess exceed the limits of the Availability of the Borrower on one or more occasions, but if they do so, neither the Agent nor the Lenders shall be deemed thereby to have changed the limits of the Total Credit Facility or Availability of the Availability Borrower or to be obligated to exceed such the limits of the Availability of the Borrower on any other occasion. If If, at any time, the sum unpaid balance of outstanding the Revolving Loans and plus the L/C Reserve exceeds the Borrowing Base, or the unpaid balance of the Revolving Loans plus the aggregate face amount of Pending Revolving Loans, together with all outstanding indebtedness owing by Borrowers under all outstanding Letters of Credit, Credit exceeds the AvailabilityMaximum Revolving Credit Line, then the Lenders may refuse to make or otherwise restrict the making of Revolving Loans and/or Letters of Credit on such terms as the Lenders determine until such excess has been eliminatedeliminated and the Borrower shall immediately repay to the Agent, for the account of the Lenders, in accordance with their respective Pro Rata Shares, an amount equal to such excess, subject to the Agent’s authority, in its sole discretion, to make Agent Advances pursuant to the terms of subparagraph 2.2(iSection 2.2(h).

Appears in 1 contract

Samples: First Amending Agreement (Ainsworth Lumber Co LTD)

Amounts. Subject to the satisfaction of the --------------- ------- conditions precedent set forth in Section Six and so long as no Default or Event of Default then existsArticle 10, each Lender severally, but not jointly, agrees, upon Borrowers’ the applicableBorrower's request from time to time on any Business Day during the period from the date hereof Closing Date to the Maturity Termination Date, to make revolving loans (the "Revolving Loans") to Borrowers, the applicable Borrower in amounts not to exceed (except for the Bank of America with respect to Non-Ratable Loans and except or for the Agent with respect to Agent Advances) such Lender’s 's Pro Rata Share of the Borrowers’ AvailabilityBorrowing Base; provided that the Revolving Loans to IMS AB shall not exceed an amount equal to clause (a)(ii)(C) of the definition of Borrowing Base. The Lenders, however, in their unanimous discretion, may elect to make Revolving Loans or issue or arrange to have issued Letters of Credit in excess of the Availability on one or more occasions, but if they do so, neither the Agent nor the Lenders shall be deemed thereby to have changed the limits of the Total Credit Facility or the Availability Borrowing Base or to be obligated to exceed such limits on any other occasion. If the sum of outstanding Revolving Loans and Aggregate Revolver Outstandings exceed the aggregate amount of Pending Revolving LoansBorrowing Base, together with all outstanding indebtedness owing by Borrowers under all outstanding Letters of Credit, exceeds the Availability, Lenders may refuse to make or otherwise restrict the making of Revolving Loans as the Lenders determine until such excess has been eliminated, subject to the Agent’s 's authority, in its sole discretion, to make Agent Advances pursuant to the terms of subparagraph Section 2.2(i).. -------------

Appears in 1 contract

Samples: Loan and Security Agreement (Envirosource Inc)

Amounts. Subject to the satisfaction of the conditions precedent set forth in Section Six and so long as no Default or Event of Default then existsArticle 10, each Lender severally, but not jointly, severally agrees, upon Borrowers’ the Borrower's request from time to time on any Business Day during the period from the date hereof Closing Date to the Maturity Termination Date, to make revolving loans (the "Revolving Loans") to Borrowersthe Borrower, in amounts not to exceed (except for Bank of America BABC with respect to Non-Ratable BABC Loans and except for the Agent with respect to or Agent Advances) such Lender’s 's Pro Rata Share of the Borrowers’ Borrower's Availability. The Lenders, however, in their unanimous discretion, may elect to make Revolving Loans or participate (as provided for in Section 2.4(f)) in the credit support or enhancement provided through the Agent to the issuers of Letters of Credit in excess of the Availability on one or more occasions, but if they do so, neither the Agent nor the Lenders shall be deemed thereby to have changed the limits of the Total Credit Facility Maximum Revolver Amount or the Availability or to be obligated to exceed such limits on any other occasion. If the sum of outstanding Revolving Loans and Loans, the aggregate amount of Pending Revolving Loans, together with all outstanding indebtedness owing by Borrowers under all the undrawn amount of outstanding Letters of Credit, Credit and any unpaid reimbursement obligations in respect of Letters of Credit exceeds the Availability, the Lenders may refuse to make or otherwise restrict the making of Revolving Loans as the Lenders determine until such excess has been eliminated, subject to the Agent’s 's authority, in its sole discretion, to make Agent Advances pursuant to the terms of subparagraph Section 2.2(i).

Appears in 1 contract

Samples: Loan and Security Agreement (United States Leather Inc /Wi/)

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