ARTICLE II AMOUNT, TERMS AND SECURITY OF THE FACILITIES Sample Clauses

ARTICLE II AMOUNT, TERMS AND SECURITY OF THE FACILITIES. Section 2.01. THE CREDIT FACILITY. a. Subject to the conditions and upon the terms hereinafter set forth and in accordance with the terms and provisions of the Revolving Credit Note, each Lender severally agrees in the proportions set forth on the Schedule of Lenders' Proportions in Credit Facility, marked Schedule 2.01(a) attached hereto and by this reference incorporated herein and made a part hereof, to fund the Initial Disbursement and continue the outstanding balance of principal and accrued interest under the Existing Harveys Credit Facility as Funded Outstandings hereunder and to lend and advance Borrowings to Borrowers, on and after the Closing Date, in the aggregate up to the Maximum Permitted Balance, such amounts as Borrowers may request by Notice of Borrowing duly executed by an Authorized Officer and delivered to Agent Bank from time to time as provided in Section 2.03. b. Subject to the uses and purposes set forth in Section 2.02, on and after the Closing Date, Borrowers may borrow, repay and reborrow Borrowings up to the Available Borrowings from time to time; provided, however, amounts of Funded Outstandings bearing interest with reference to a LIBO Rate shall be subject to Breakage Charges incident to prepayment to the extent repaid other than on the last day of the Interest Period applicable to such Funded Outstandings. The Credit Facility shall be for a term commencing as of the Closing Date and terminating on the Maturity Date, on which date the entire outstanding balance of the Credit Facility shall be fully paid and Bank Facility Termination shall occur. In no event shall any Lender be liable to fund any amounts under the Credit Facility in excess of its respective Syndication Interest in any Borrowing. In the event the Aggregate Outstandings exceed the Maximum Permitted Balance at any time, Borrowers shall immediately cause the Aggregate Outstandings to be reduced by such amount as may be necessary to cause the Aggregate Outstandings to be equal to or less than the Maximum Permitted Balance. c. Borrowers may voluntarily reduce the Maximum Permitted Balance from time to time (a "Voluntary Permanent Reduction") on the following conditions: