Common use of Commitment to Lend Clause in Contracts

Commitment to Lend. (a) Subject to the terms and conditions set forth in this Credit Agreement, each of the Lenders severally agrees to lend to the Borrower and the Borrower may borrow, repay, and reborrow from time to time from the Closing Date up to but not including the Revolving Credit Loan Maturity Date upon notice by the Borrower to the Administrative Agent given in accordance with Section 2.6, such sums as are requested by the Borrower up to a maximum aggregate amount outstanding (after giving effect to all amounts requested) at any one time equal to such Lender's Commitment minus such Lender's Commitment Percentage of the sum of the Maximum Drawing Amount and all Unpaid Reimbursement Obligations, provided that the sum of the outstanding amount of the Revolving Credit Loans (after giving effect to all amounts requested), including the Swing Line Loans, plus the Maximum Drawing Amount and all Unpaid Reimbursement Obligations shall not at any time exceed the Total Commitment at such time. The Revolving Credit Loans shall be made pro rata in accordance with each Lender's Commitment Percentage. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower that the conditions set forth in Section 11 and Section 12, in the case of the initial Revolving Credit Loans to be made on the Closing Date, and Section 12, in the case of all other Revolving Credit Loans, have been satisfied on the date of such request.

Appears in 3 contracts

Samples: Revolving Credit Agreement (Coach Inc), Revolving Credit Agreement (Coach Inc), Revolving Credit Agreement (Coach Inc)

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Commitment to Lend. (a) Subject to the terms and conditions set forth in this Credit Agreement, each of the Lenders Banks severally agrees to lend to the Borrower and the Borrower may borrow, repay, and reborrow from time to time from between the Closing Date up to but not including and the Revolving Credit Loan Maturity Date upon notice by the Borrower to the Administrative Agent given in accordance with Section 2.6ss.2.6, such sums as are requested by the Borrower up to a maximum aggregate amount outstanding (after giving effect to all amounts requested) at any one time equal to such LenderBank's Commitment minus MINUS such LenderBank's Commitment Percentage of the sum of the Maximum Drawing Amount and all Unpaid Reimbursement Obligations, provided PROVIDED that the sum of the outstanding amount of the Revolving Credit Loans (after giving effect to all amounts requested), including the Swing Line Loans, plus ) PLUS the Maximum Drawing Amount and all Unpaid Reimbursement Obligations shall not at any time exceed the Total Commitment at such timeCommitment. The Revolving Credit Loans shall be made pro rata PRO RATA in accordance with each LenderBank's Commitment Percentage. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower that the conditions set forth in Section 11 ss.11 and Section 12ss.12, in the case of the initial Revolving Credit Loans to be made on the Closing Date, and Section 12ss.12, in the case of all other Revolving Credit Loans, have been satisfied on the date of such request.

Appears in 3 contracts

Samples: Revolving Credit Agreement (Hadco Acquisition Corp Ii), Revolving Credit Agreement (Hadco Acquisition Corp Ii), Revolving Credit Agreement (Hadco Corp)

Commitment to Lend. (a) Subject to the terms and conditions set forth in this Credit Agreement, each of the Lenders Banks severally agrees to lend to the Borrower and the Borrower may borrow, repay, and reborrow from time to time from between the Closing Date up to but not including and the Revolving Credit Loan Maturity Date upon notice by the Borrower to the Administrative Agent given in accordance with Section 2.6, such sums as are requested by the Borrower up to a maximum aggregate amount outstanding Outstanding (after giving effect to all amounts requested) at any one time equal to such LenderBank's Revolving Credit Commitment minus such Lender's Commitment Percentage of PROVIDED the sum of the Maximum Drawing Amount and all Unpaid Reimbursement Obligations, provided that the sum of the outstanding Outstanding amount of the Revolving Credit Loans (after giving effect to all amounts requested), including the Swing Line Loans, plus PLUS the Maximum Drawing Amount and Amount, PLUS all Unpaid Reimbursement Obligations shall not at any time exceed the Total Commitment at such timeRevolving Credit Commitment. The Revolving Credit Loans shall be made pro rata PRO RATA in accordance with each LenderBank's Revolving Credit Commitment Percentage. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower that the conditions set forth in Section 11 12 and Section 1213, in the case of the initial Revolving Credit Loans to be made on the Closing Date, and Section 1213, in the case of all other Revolving Credit Loans, have been satisfied on the date of such request.

Appears in 2 contracts

Samples: Revolving Credit Agreement (Perkins Finance Corp), Revolving Credit Agreement (Restaurant Co)

Commitment to Lend. (a) Subject to the terms and conditions set forth in this Credit Agreement, each of the Lenders severally agrees to lend to the Borrower Borrowers and the each Borrower may borrow, repay, and reborrow from time to time from the Closing Effective Date up to but not including the Revolving Credit Loan Maturity Date upon notice by the a Borrower to the Administrative Agent given in accordance with Section §2.6, such sums as are requested by the such Borrower up to a maximum aggregate amount outstanding (after giving effect to all amounts requested) at any one time equal to such Lender's ’s Commitment minus such Lender's ’s Commitment Percentage of the sum of the Maximum Drawing Amount and all Unpaid Reimbursement Obligations, provided that the sum of the outstanding amount of the Revolving Credit Loans (after giving effect to all amounts requested), including the Swing Line Loans, ) plus the Maximum Drawing Amount and all Unpaid Reimbursement Obligations shall not at any time exceed the Total Revolving Credit Commitment at such time. The Revolving Credit Loans shall be made pro rata in accordance with each Lender's ’s Commitment Percentage. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower Borrowers that the conditions set forth in Section 11 §12 and Section 12§13, in the case of the any initial Revolving Credit Loans to be made on the Closing Effective Date, and Section 12§13, in the case of all other Revolving Credit Loans, have been satisfied on the date of such request.

Appears in 2 contracts

Samples: Credit Agreement (Crystal Rock Holdings, Inc.), Credit Agreement (Vermont Pure Holdings LTD/De)

Commitment to Lend. (a) Subject to the terms and conditions set forth in this Credit Agreement, each of the Lenders severally agrees to lend to the Borrower and the Borrower may borrow, repay, and reborrow from time to time from the Closing Date up to but not including the Revolving Credit Loan Maturity Date upon notice by the Borrower to the Administrative Agent given in accordance with Section §2.6, such sums as are requested by the Borrower up to a maximum aggregate amount outstanding (after giving effect to all amounts requested) at any one time equal to such Lender's ’s Commitment minus such Lender's ’s Commitment Percentage of the sum of the Maximum Drawing Amount and all Unpaid Reimbursement Obligations, provided that the sum of the outstanding amount of the Revolving Credit Loans (after giving effect to all amounts requested), including the ) plus Swing Line Loans, Loans plus the Maximum Drawing Amount and all Unpaid Reimbursement Obligations shall not at any time exceed the lesser of (i) the Total Commitment at such time and (ii) the Borrowing Base at such time. The Revolving Credit Loans shall be made pro rata in accordance with each Lender's ’s Commitment Percentage. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower that the conditions set forth in Section §11 and Section §12, in the case of the initial Revolving Credit Loans to be made on the Closing Date, and Section §12, in the case of all other Revolving Credit Loans, have been satisfied on the date of such request.

Appears in 2 contracts

Samples: Revolving Credit Agreement (SeaCube Container Leasing Ltd.), Revolving Credit Agreement (Seacastle Inc.)

Commitment to Lend. (a) Subject to the terms and conditions set forth in this Credit Agreement, each of the Lenders Banks severally agrees to lend to the Borrower and the Borrower may borrow, repay, and reborrow from time to time from the Closing Date up to but not including the Revolving Credit Loan Maturity Date upon notice by the Borrower to the Administrative Agent given in accordance with Section 2.6, such sums as are requested by the Borrower up to a maximum aggregate amount outstanding Outstanding (after giving effect to all amounts requested) at any one time equal to such LenderBank's Commitment minus MINUS such LenderBank's Commitment Percentage of the sum of the Maximum Drawing Amount and all Unpaid Reimbursement Obligations, provided PROVIDED that the sum of the outstanding Outstanding amount of the Revolving Credit Loans (after giving effect to all amounts requested), including the Swing Line Loans, plus ) PLUS the Maximum Drawing Amount and all Unpaid Reimbursement Obligations shall not at any time exceed the Total Commitment at such timeCommitment. The Revolving Credit Loans shall be made pro rata PRO RATA in accordance with each LenderBank's Commitment Percentage. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower that the conditions set forth in Section 11 and Section 12, in the case of the initial Revolving Credit Loans to be made on the Closing Date, and Section 12, in the case of all other Revolving Credit Loans, have been satisfied on the date of such request.

Appears in 2 contracts

Samples: Revolving Credit Agreement (Charlotte Russe Holding Inc), Credit Agreement (Charlotte Russe Holding Inc)

Commitment to Lend. (a) Subject to the terms and conditions set forth in this Credit Agreement, each of the Lenders severally agrees to lend to the Borrower and the Borrower may borrow, repay, and reborrow from time to time from the Closing Date up to but not including the Revolving Credit Loan Final Maturity Date upon notice by the Borrower to the Administrative Agent given in accordance with Section 2.6, such sums as are requested by the Borrower up to a maximum aggregate amount outstanding (after giving effect to all amounts requested) at any one time equal to such Lender's Commitment minus MINUS such Lender's Commitment Percentage of the sum of the Maximum Drawing Amount and all Unpaid Reimbursement Obligations, provided ; PROVIDED that the sum of the outstanding amount of the Revolving Credit Loans (after giving effect to all amounts requested), including the Swing Line Loans, plus ) PLUS the Maximum Drawing Amount and all Unpaid Reimbursement Obligations shall not at any time exceed the Total Commitment at such time. The Revolving Credit Loans shall be made pro rata PRO RATA in accordance with each Lender's Commitment Percentage. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower that the conditions set forth in Section 11 and Section 12, in the case of the initial Revolving Credit Loans to be made on the Closing Date, and Section 12, in the case of all other Revolving Credit Loans, have been satisfied on the date of such request.

Appears in 2 contracts

Samples: Revolving Credit Agreement (Timberland Co), Revolving Credit Agreement (Timberland Co)

Commitment to Lend. (a) Subject to the terms and conditions set forth in this Credit Agreement, each of the Lenders Dollar Banks severally agrees to lend to the Borrower and the Borrower may borrow, repay, and reborrow from time to time from between the Closing Date up to but not including and the Revolving Credit Loan Revolver Maturity Date upon notice by the Borrower to the Administrative Dollar Agent given in accordance with Section 2.6ss.8.3, such sums as are requested by the Borrower up to a maximum aggregate amount outstanding (after giving effect to all amounts requested) at any one time equal to such LenderDollar Bank's Commitment minus such LenderDollar Bank's Commitment Percentage of the sum of the Maximum Drawing Amount and all Unpaid Reimbursement Obligations, provided that the sum of the outstanding amount of the Revolving Credit Loans (after giving effect to all amounts requested), including the Swing Line Loans, ) plus the Maximum Drawing Amount and all Unpaid Reimbursement Obligations shall not at any time exceed the Total Commitment at such timeRevolver Commitment. The Revolving Credit Loans shall be made pro rata in accordance with each LenderDollar Bank's Commitment Percentage. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower that the conditions set forth in Section 11 ss.14 and Section 12ss.15, in the case of the initial Revolving Credit Loans to be made on the Closing Date, and Section 12ss.15, in the case of all other Revolving Credit Loans, have been satisfied on the date of such request.

Appears in 2 contracts

Samples: Gold Consignment Agreement (Commemorative Brands Inc), Loan and Gold Consignment Agreement (Commemorative Brands Inc)

Commitment to Lend. (a) Subject to the terms and conditions set forth in this Credit Agreement, each of the Lenders Banks severally agrees to lend to the Borrower Borrowers and the Borrower Borrowers may borrow, repay, and reborrow from time to time from the Closing Date up to but not including the Revolving Credit Loan Maturity Date upon notice by the Borrower Borrowers to the Administrative Agent given in accordance with Section §2.6, such sums as are requested by the Borrower Borrowers up to a maximum aggregate amount outstanding (after giving effect to all amounts requested) at any one time equal to such Lender's Bank’s Commitment minus such Lender's Bank’s Commitment Percentage of the sum of the Maximum Drawing Amount and all Unpaid unpaid Reimbursement Obligations, provided that the sum of the outstanding amount of the Revolving Credit Loans Loans, Swing Line Loans, unpaid Reimbursement Obligations and the Maximum Drawing Amount (after giving effect to all amounts requested), including the Swing Line Loans, plus the Maximum Drawing Amount and all Unpaid Reimbursement Obligations ) shall not exceed a maximum aggregate amount outstanding of $175,000,000 at any time exceed time, as such amount may be reduced or increased pursuant to §2.2 hereof (the Total Commitment at such timeCommitment”). The Revolving Credit Loans shall be made pro rata in accordance with each Lender's Bank’s Commitment Percentage. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower Borrowers that the conditions set forth in Section 11 §9 and Section 12§10, in as the case of the initial Revolving Credit Loans to be made on the Closing Date, and Section 12, in the case of all other Revolving Credit Loansmay be, have been satisfied on the date of such request.

Appears in 2 contracts

Samples: Revolving Credit Agreement (Waste Industries Usa Inc), Revolving Credit Agreement (Waste Industries Usa Inc)

Commitment to Lend. (a) Subject to the terms and conditions set forth in this Credit Agreement, each of the Lenders severally agrees to lend to the Borrower Borrowers and the Borrower Borrowers may borrow, repay, and reborrow from time to time from between the Closing Date up to but not including and the Revolving Credit Loan Maturity Date upon notice by the Borrower Borrowers to the Administrative Agent given in accordance with Section 2.6ss.2.7, such sums as are requested by the Borrower Borrowers up to a maximum aggregate amount outstanding (after giving effect to all amounts requested) at any one time equal to such Lender's Commitment minus such Lender's Commitment Percentage of the sum of the Maximum Drawing Amount, the Acceptance Face Amount and all Unpaid Reimbursement Obligations, ; provided that the sum of the outstanding aggregate amount of the Revolving Credit all Loans (after giving effect to all amounts requested), including the Swing Line Loans, ) plus the Maximum Drawing Amount and Amount, plus the Acceptance Face Amount, plus all Unpaid Reimbursement Obligations shall not at any time exceed the Total Commitment at such timeCommitment. The Revolving Credit Loans shall be made pro rata in accordance with each Lender's Commitment Percentage. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower Obligors that the conditions set forth in Section 11 ss.11 and Section 12ss.12, in the case of the initial Revolving Credit Loans to be made on the Closing Date, and Section 12ss.12, in the case of all other Revolving Credit Loans, have been satisfied on the date of such request.

Appears in 2 contracts

Samples: Credit Agreement (Baker J Inc), Credit Agreement (Baker J Inc)

Commitment to Lend. (a) Subject to the terms and conditions set forth in this Credit Agreement, each of the Lenders Banks severally agrees to lend to the Borrower and the Borrower may borrow, repay, and reborrow from time to time from between the Closing Effective Date up to but not including and the Revolving Credit Loan Maturity Date upon notice by the Borrower to the Administrative Agent given in accordance with Section 2.6(S)2.6, such sums as are requested by the Borrower up to a maximum aggregate amount outstanding (after giving effect to all amounts requested) at any one time equal to such LenderBank's Commitment minus such LenderBank's ----- Revolving Credit Loan Commitment Percentage of the sum of the Maximum Drawing Amount and all Unpaid Reimbursement Obligations, provided that the sum of the -------- outstanding amount of the Revolving Credit Loans (after giving effect to all amounts requested), including the Swing Line Loans, ) plus the Maximum Drawing Amount and all Unpaid Reimbursement ---- Obligations shall not at any time exceed the Total Commitment at such timeCommitment. The Revolving Credit Loans shall be made pro rata in accordance with each LenderBank's Revolving --- ---- Credit Loan Commitment Percentage. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower that the conditions set forth in Section 11 (S)12 and Section 12(S)13, in the case of the initial Revolving Credit Loans to be made on the Closing Effective Date, and Section 12(S)13, in the case of all other Revolving Credit Loans, have been satisfied on the date of such request.

Appears in 2 contracts

Samples: Credit and Term Loan Agreement (Petro Stopping Centers L P), Credit and Term Loan Agreement (Petro Stopping Centers Holdings Lp)

Commitment to Lend. (a) Subject to the terms and conditions set forth in this Credit Agreement, each of the Lenders Banks severally agrees to lend to the Borrower and the Borrower may borrow, repay, and reborrow from time to time from the Closing Date up to but not including the Revolving Credit Loan Maturity Date upon notice by the Borrower to the Administrative Agent given in accordance with Section 2.6, such sums as are requested by the Borrower up to a maximum aggregate amount outstanding (after giving effect to all amounts requested) at any one time equal to such LenderBank's Commitment minus such LenderBank's Commitment Percentage of the sum of the Maximum Drawing Amount and all Unpaid Reimbursement Obligations, provided that the sum of the outstanding amount of the Revolving Credit Loans (after giving effect to all amounts requested), including the Swing Line Loans, ) plus the Maximum Drawing Amount and all Unpaid Reimbursement Obligations shall not at any time exceed the Total Commitment at such timeCommitment. The Revolving Credit Loans shall be made pro rata in accordance with each LenderBank's Commitment Percentage. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower that the conditions set forth in Section 11 12 and Section 1213, in the case of the initial Revolving Credit Loans to be made on the Closing Date, and Section 1213, in the case of all other Revolving Credit Loans, have been satisfied on the date of such request.

Appears in 1 contract

Samples: Revolving Credit and Term Loan Agreement (Bangor Hydro Electric Co)

Commitment to Lend. (a) Subject to the terms and conditions set forth in this Credit Agreement, each of the Revolving Credit Lenders severally severally, but not jointly, agrees to lend to the Borrower Borrowers, and the Borrower Borrowers may borrow, repay, and reborrow from time to time from the Closing Date up to but not including the Revolving Credit Loan Maturity Date Date, upon notice by the Borrower Borrowers to the Administrative Agent given in accordance with Section 2.6s. 2.5, such sums as are requested by the Borrower Borrowers up to a maximum aggregate amount outstanding (after giving effect to all amounts requested) at any one time equal to such Revolving Credit Lender's Commitment minus such Revolving Credit Lender's Commitment Percentage of the sum of the Maximum Drawing Amount and all Unpaid Reimbursement Obligations, provided that the sum of the outstanding amount of the Revolving Credit Loans (after giving effect to all amounts requested), including plus the outstanding amount of the Swing Line Loans, Loans plus the Maximum Drawing Amount and all Unpaid Reimbursement Obligations shall not at any time exceed the Total Revolving Credit Commitment at such time. The Revolving Credit Loans shall be made pro rata in accordance with each Revolving Credit Lender's Commitment Percentage. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower Borrowers that the conditions set forth in Section 11 s. 10 and Section 12s. 11, in as the case of the initial Revolving Credit Loans to be made on the Closing Date, and Section 12, in the case of all other Revolving Credit Loansmay be, have been satisfied on the date of such request.

Appears in 1 contract

Samples: Revolving Credit and Term Loan Agreement (Waste Connections Inc/De)

Commitment to Lend. (a) Subject to the terms and conditions set forth in this Credit Agreement, each of the Lenders Banks severally agrees to lend to the Borrower Borrowers and the Borrower Borrowers may borrow, repay, and reborrow from time to time from the Closing Date up to but not including the Revolving Credit Loan Maturity Date upon notice by the Borrower Borrowers to the Administrative Agent given in accordance with Section 2.6ss.2.6, such sums as are requested by the Borrower Borrowers up to a maximum aggregate amount outstanding (after giving effect to all amounts requested) at any one time equal to such LenderBank's Commitment minus MINUS such LenderBank's Commitment Percentage of the sum of the Maximum Drawing Amount and all Unpaid unpaid Reimbursement Obligations, provided PROVIDED that the sum of the outstanding amount of the Revolving Credit Loans Loans, Swing Line Loans, unpaid Reimbursement Obligations and the Maximum Drawing Amount (after giving effect to all amounts requested), including the Swing Line Loans, plus the Maximum Drawing Amount and all Unpaid Reimbursement Obligations ) shall not exceed a maximum aggregate amount outstanding of $200,000,000 at any time exceed time, as such amount may be reduced pursuant to ss.2.2 hereof (the "Total Commitment at such timeCommitment"). The Revolving Credit Loans shall be made pro rata PRO RATA in accordance with each LenderBank's Commitment Percentage. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower Borrowers that the conditions set forth in Section 11 ss.9 and Section 12ss.10, in as the case of the initial Revolving Credit Loans to be made on the Closing Date, and Section 12, in the case of all other Revolving Credit Loansmay be, have been satisfied on the date of such request.

Appears in 1 contract

Samples: Revolving Credit Agreement (Waste Industries Inc)

Commitment to Lend. (a) Subject to the terms and conditions set forth in this Credit Agreement, each of the Lenders Banks severally agrees to lend to the Borrower and the Borrower may borrow, repay, and reborrow from time to time from the Closing Date up to but not including the Revolving Credit Loan Maturity Date upon notice by the Borrower to the Administrative Agent given in accordance with Section 2.6, such sums as are requested by the Borrower up to a maximum aggregate amount outstanding (after giving effect to all amounts requested) at any one time equal to such LenderBank's Commitment minus such LenderBank's Commitment Percentage of the sum of the Maximum Drawing Amount and all Unpaid Reimbursement Obligations, provided that the sum of the outstanding amount of the Revolving Credit Loans (after giving effect to all amounts requested), including the Swing Line Loans, ) plus the Maximum Drawing Amount and all Unpaid Reimbursement Obligations shall not at any time exceed the Total Commitment at such timeCommitment. The Revolving Credit Loans shall be made pro rata in accordance with each LenderBank's Commitment Percentage. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower that the conditions set forth in Section 11 and Section 12, in the case of the initial Revolving Credit Loans to be made on the Closing Date, and And Section 12, in the case of all other Revolving Credit Loans, have been satisfied on the date of such request.

Appears in 1 contract

Samples: Revolving Credit Agreement (Cabot Microelectronics Corp)

Commitment to Lend. (a) Subject to the terms and conditions set forth in this Credit Agreement, each of the Lenders Banks severally (and not jointly) agrees to lend to the Borrower and the Borrower may borrow, repay, and reborrow from time to time from between the Closing Effective Date up to but not including and the Revolving Credit Loan Maturity Date upon notice by the Borrower to the Administrative Agent given in accordance with Section 2.6, such sums as are requested by the Borrower up to a maximum aggregate amount outstanding (after giving effect to all amounts requested) at any one time equal to such LenderBank's Commitment minus such LenderBank's Commitment Percentage of the sum of the Maximum Drawing Amount and all Unpaid Reimbursement Obligations, provided that the sum of the outstanding amount of the Revolving Credit Loans (after giving effect to all amounts requested), including the Swing Line Loans, ) plus the Maximum Drawing Amount and all Unpaid Reimbursement Obligations shall not at any time exceed the Total Commitment at such timeAvailability. The Revolving Credit Loans shall be made pro rata in accordance with each LenderBank's Commitment Percentage. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower that the conditions set forth in Section 11 and Section 12, in the case of the initial Revolving Credit Loans to be made on the Closing DateLoans, and Section 12, in the case of all other Revolving Credit Loans, have been satisfied on the date of such request.

Appears in 1 contract

Samples: Revolving Credit Agreement (Rti Capital Corp)

Commitment to Lend. (a) Subject to the terms and conditions set forth in this Credit Agreement, each of the Lenders severally agrees to lend to the Borrower and the Borrower may borrow, repay, and reborrow from time to time from the Closing Date up to but not including the Revolving Credit Loan Maturity Date upon notice by the Borrower to the Administrative Agent given in accordance with Section §2.6, such sums as are requested by the Borrower up to a maximum aggregate amount outstanding (after giving effect to all amounts requested) at any one time equal to such Lender's ’s Commitment minus such Lender's ’s Commitment Percentage of the sum of the Maximum Drawing Amount and all Unpaid Reimbursement Obligations, provided that the sum of the outstanding amount of the Revolving Credit Loans (after giving effect to all amounts requested), including the ) plus Swing Line Loans, Loans plus the Maximum Drawing Amount and all Unpaid Reimbursement Obligations shall not at any time exceed the lesser of (i) the Total Commitment at such time and (ii) the Borrowing Base at such time. The Commitment of each Lender pursuant to this Credit Agreement shall come into effect on the Closing Date. The Revolving Credit Loans shall be made pro rata in accordance with each Lender's ’s Commitment Percentage. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower that the conditions set forth in Section §11 and Section §12, in the case of the initial Revolving Credit Loans to be made on the Closing Date, and Section §12, in the case of all other Revolving Credit Loans, have been satisfied on the date of such request.

Appears in 1 contract

Samples: Revolving Credit Agreement (SeaCube Container Leasing Ltd.)

Commitment to Lend. (a) Subject to the terms and conditions set forth in this Credit Agreement, each of the Lenders Banks severally agrees to lend to the Borrower and the Borrower may borrow, repay, and reborrow from time to time from the Closing Date up to but not including the Revolving Credit Loan Maturity Date upon notice by the Borrower to the Administrative Agent given in accordance with Section 2.6, such sums as are requested by the Borrower up to a maximum aggregate amount outstanding (after giving effect to all amounts requested) at any one time equal to such LenderBank's Commitment minus such LenderBank's Commitment Percentage of the sum of the Maximum Drawing Amount and all Unpaid Reimbursement Obligations, provided that the sum of the outstanding amount of the Revolving Credit Loans (after giving effect to all amounts requested), including the Swing Line Loans, ) plus the Maximum Drawing Amount and all Unpaid Reimbursement Obligations shall not at any time exceed the Total Commitment at such timeCommitment. The Revolving Credit Loans shall be made pro rata in accordance with each LenderBank's Commitment Percentage. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower that the conditions set forth in Section 11 12 and Section 1213, in the case of the initial Revolving Credit Loans to be made on the Closing Date, and Section 1213, in the case of all other Revolving Credit Loans, have been satisfied on the date of such request.

Appears in 1 contract

Samples: Revolving Credit Agreement (Aztec Technology Partners Inc /De/)

Commitment to Lend. (a) Subject to the terms and conditions set forth in this Credit Agreement, each of the Lenders Banks severally agrees to lend to the Borrower and the Borrower may borrow, repay, and reborrow from time to time from the Closing Date up to but not including the Revolving Credit Loan Maturity Date upon notice by the Borrower to the Administrative Agent given in accordance with Section 2.6ss.2.6, such sums as are requested by the Borrower up to a maximum aggregate amount outstanding (after giving effect to all amounts requested) at any one time equal to such LenderBank's Commitment minus such LenderBank's Commitment Percentage of the sum of the Maximum Drawing Amount and all Unpaid Reimbursement Obligations, provided that the sum of the outstanding amount of the Revolving Credit Loans (after giving effect to all amounts requested), including the Swing Line Loans, ) plus the Maximum Drawing Amount and all Unpaid Reimbursement Obligations shall not at any time exceed the Total Commitment at such timeCommitment. The Revolving Credit Loans shall be made pro rata in accordance with each LenderBank's Commitment Percentage. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower that the conditions set forth in Section 11 ss.11 and Section 12ss.12, in the case of the initial Revolving Credit Loans to be made on the Closing Date, and Section 12ss.12, in the case of all other Revolving Credit Loans, have been satisfied on the date of such request.

Appears in 1 contract

Samples: Revolving Credit Agreement (Ionics Inc)

Commitment to Lend. (a) Subject to the terms and conditions set forth in this Credit Agreement, each of the Lenders Banks severally agrees to lend to the Borrower Borrowers and the Borrower Borrowers may borrow, repay, and reborrow from time to time from the Closing Date up to but not including the Revolving Credit Loan Maturity Date upon notice by the Borrower Borrowers to the Administrative Agent given in accordance with Section 2.6, such sums as are requested by the Borrower Borrowers up to a maximum aggregate amount outstanding (after giving effect to all amounts requested) at any one time equal to such LenderBank's Commitment minus MINUS such LenderBank's Commitment Percentage of the sum of the Maximum Drawing Amount and all Unpaid Reimbursement Obligations, provided PROVIDED that the sum of the outstanding amount of the Revolving Credit Loans (after giving effect to all amounts requested), including the Swing Line Loans, plus ) PLUS the Maximum Drawing Amount and all Unpaid Reimbursement Obligations shall not at any time exceed the Total Commitment at such timeCommitment. The Revolving Credit Loans shall be made pro rata PRO RATA in accordance with each LenderBank's Commitment Percentage. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower Borrowers that the conditions set forth in Section 11 and Section 12, in the case of the initial Revolving Credit Loans to be made on the Closing Date, and Section 12, in the case of all other Revolving Credit Loans, have been satisfied on the date of such request.

Appears in 1 contract

Samples: Revolving Credit Agreement (American Restaurant Group Inc)

Commitment to Lend. (a) Subject to the terms and conditions set forth in this Credit Agreement, each of the Lenders severally agrees to lend to the Borrower and the Borrower may borrow, repay, and reborrow from time to time from the Closing Date up to but not including the Revolving Credit Loan Maturity Date upon notice by the Borrower to the Administrative Agent given in accordance with Section §2.6, such sums as are requested by the Borrower up to a maximum aggregate amount outstanding (after giving effect to all amounts requested) at any one time equal to such Lender's ’s Commitment minus such Lender's ’s Commitment Percentage of the sum of the Maximum Drawing Amount and all Unpaid Reimbursement Obligations, provided that the sum of the outstanding amount of the Revolving Credit Loans (after giving effect to all amounts requested), including the ) plus Swing Line Loans, Loans plus the Maximum Drawing Amount and all Unpaid Reimbursement Obligations shall not at any time exceed the lesser of (i) the Total Commitment at such time and (ii) the Borrowing Base at such time. The Commitment of each Lender pursuant to this Agreement shall come into effect on the Closing Date. The Revolving Credit Loans shall be made pro rata in accordance with each Lender's ’s Commitment Percentage. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower that the conditions set forth in Section §11 and Section §12, in the case of the initial Revolving Credit Loans to be made on the Closing Date, and Section §12, in the case of all other Revolving Credit Loans, have been satisfied on the date of such request.

Appears in 1 contract

Samples: Revolving Credit Agreement (SeaCube Container Leasing Ltd.)

Commitment to Lend. (a) Subject to the terms and conditions set forth in this Credit Agreement, each of the Lenders severally (and not jointly) agrees to lend to the Borrower and the Borrower may borrow, repay, and reborrow from time to time from between the Closing Effective Date up to but not including and the Revolving Credit Loan Maturity Date upon notice by the Borrower to the Administrative Agent given in accordance with Section 2.6(S)2.6, such sums as are requested by the Borrower up to a maximum aggregate amount outstanding (after giving effect to all amounts requested) at any one time equal to such Lender's Commitment minus such Lender's Commitment Percentage of the sum of the Maximum Drawing Amount and all Unpaid Reimbursement Obligations, provided that the sum of the outstanding amount of the Revolving Credit Loans (after giving effect to all amounts requested), including the Swing Line Loans, ) plus the Maximum Drawing Amount and all Unpaid Reimbursement Obligations shall not at any time exceed the Total Commitment at such timeAvailability. The Revolving Credit Loans shall be made pro rata in accordance with each Lender's Commitment Percentage. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower that the conditions set forth in Section 11 (S)11 and Section 12(S)12, in the case of the initial Revolving Credit Loans to be made on the Closing DateLoans, and Section 12(S)12, in the case of all other Revolving Credit Loans, have been satisfied on the date of such request.

Appears in 1 contract

Samples: Revolving Credit Agreement (Blue Steel Capital Corp)

Commitment to Lend. (a) Subject to the terms and conditions set forth in this Credit Agreement, each of the Lenders Banks severally agrees to lend to the Borrower and the Borrower may borrow, repay, and reborrow from time to time from between the Closing Date up to but not including and the Revolving Credit Loan Maturity Date upon notice by the Borrower to the Administrative Agent Agents given in accordance with Section 2.6, such sums as are requested by the Borrower up to a maximum aggregate amount outstanding (after giving effect to all amounts requested) at any one time equal to such LenderBank's Commitment minus such LenderBank's Commitment Percentage of the sum of the Maximum Drawing Amount and all Unpaid Reimbursement Obligations, provided that the sum of the outstanding amount of the Revolving Credit Loans (after giving effect to all amounts requested), including the Swing Line Loans, ) plus the Maximum Drawing Amount and all Unpaid Reimbursement Obligations shall not at any time exceed the Total Commitment at such timeCommitment. The Revolving Credit Loans shall be made pro rata in accordance with each LenderBank's Commitment Percentage. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower that the conditions set forth in Section 11 and Section 12, in the case of the initial Revolving Credit Loans to be made on the Closing Date, and Section 12, in the case of all other Revolving Credit Loans, have been satisfied on the date of such request. 2.2.

Appears in 1 contract

Samples: Revolving Credit Agreement (HMT Technology Corp)

Commitment to Lend. (a) Subject to the terms and conditions set forth in this Credit Agreement, each of the Lenders severally agrees to lend to the Borrower and the Borrower may borrow, repay, and reborrow from time to time from the Closing Date up to but not including the Revolving Credit Loan Maturity Date upon notice by the Borrower to the Administrative Agent given in accordance with Section 2.6(S)2.6, such sums as are requested by the Borrower up to a maximum aggregate amount outstanding (after giving effect to all amounts requested) at any one time equal to such Lender's Commitment minus such Lender's Commitment Percentage of the sum of the Maximum Drawing Amount and all Unpaid Reimbursement Obligations, provided that the sum of the outstanding amount of the Revolving Credit Loans (after giving effect to all amounts requested), including the Swing Line Loans, ) plus the Maximum Drawing Amount and all Unpaid Reimbursement Obligations shall not at any time exceed the Total Commitment at such time. The Revolving Credit Loans shall be made pro rata in accordance with each Lender's Commitment Percentage. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower that the conditions set forth in Section 11 (S)11 and Section 12(S)12, in the case of the initial Revolving Credit Loans to be made on the Closing Date, and Section 12(S)12, in the case of all other Revolving Credit Loans, have been satisfied on the date of such request.

Appears in 1 contract

Samples: Revolving Credit Agreement (Barnes Group Inc)

Commitment to Lend. (a) Subject to the terms and conditions set forth in this Credit Agreement, each of the Revolving Credit Lenders severally severally, but not jointly, agrees to lend to the Borrower Borrowers, and the Borrower Borrowers may borrow, repay, and reborrow from time to time from the Closing Date up to but not including the Revolving Credit Loan Maturity Date Date, upon notice by the Borrower Borrowers to the Administrative Agent given in accordance with Section 2.6§2.5, such sums as are requested by the Borrower Borrowers up to a maximum aggregate amount outstanding (after giving effect to all amounts requested) at any one time equal to such Revolving Credit Lender's ’s Commitment minus such Revolving Credit Lender's ’s Commitment Percentage of the sum of the Maximum Drawing Amount and all Unpaid Reimbursement Obligations, provided that the sum of the outstanding amount of the Revolving Credit Loans (after giving effect to all amounts requested), including plus the outstanding amount of the Swing Line Loans, Loans plus the Maximum Drawing Amount and all Unpaid Reimbursement Obligations shall not at any time exceed the Total Revolving Credit Commitment at such time. The Revolving Credit Loans shall be made pro rata in accordance with each Revolving Credit Lender's ’s Commitment Percentage. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower Borrowers that the conditions set forth in Section 11 §10 and Section 12§11, in as the case of the initial Revolving Credit Loans to be made on the Closing Date, and Section 12, in the case of all other Revolving Credit Loansmay be, have been satisfied on the date of such request.

Appears in 1 contract

Samples: Revolving Credit and Term Loan Agreement

Commitment to Lend. (a) Subject to the terms and conditions set forth in this Credit Agreement, each of the Lenders severally agrees to lend to the Borrower and the Borrower may borrow, repay, and reborrow from time to time from the Closing Date up to but not including the Revolving Credit Loan Maturity Date upon notice by the Borrower to the Administrative Agent given in accordance with Section 2.6, such sums as are requested by the Borrower up to a maximum aggregate amount outstanding (after giving effect to all amounts requested) at any one time equal to such Lender's Commitment minus such Lender's Commitment Percentage of the sum of the Maximum Drawing Amount and all Unpaid Reimbursement Obligations, provided that the sum of the outstanding amount of the Revolving Credit Loans (after giving effect to all amounts requested), including the Swing Line Loans, ) plus the Maximum Drawing Amount and all Unpaid Reimbursement Obligations shall not at any time exceed the Total Commitment at such time. The Revolving Credit Loans shall be made pro rata in accordance with each Lender's Commitment Percentage. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower that the conditions set forth in Section 11 12 and Section 1213, in the case of the initial Revolving Credit Loans to be made on the Closing Date, and Section 1213, in the case of all other Revolving Credit Loans, have been satisfied on the date of such request.

Appears in 1 contract

Samples: And Term Loan Agreement (Il Fornaio America Corp)

Commitment to Lend. (a) Subject to the terms and conditions ------------------- set forth in this Credit Agreement, each of the Lenders severally agrees to lend to the Borrower and the Borrower may borrow, repay, and reborrow from time to time from between the Closing Date up to but not including date of this Credit Agreement and the Revolving Credit Loan Maturity Date upon notice by the Borrower to the Administrative Agent given in accordance with Section 2.6, 2.5 such sums as are may be requested by the Borrower up to a maximum aggregate principal amount outstanding (after giving effect to all amounts Loans then being requested) at any one time equal to such Lender's Commitment minus such Lender's Commitment Percentage of the sum of the Maximum Drawing Amount and all Unpaid Reimbursement Obligations, ; provided that the sum of the outstanding amount of the Revolving Credit Loans (after giving effect to all amounts Loans then being requested), including the Swing Line Loans, ) plus the Maximum Drawing Amount and plus all Unpaid Reimbursement Obligations shall not at any time exceed the Total Commitment at such timeCommitment. The Revolving Credit Loans shall be made pro rata in accordance with each Lender's Commitment Percentage. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower that the conditions set forth in Section 11 9 and Section 1210, in the case of the initial Revolving Credit Loans to be made on the Closing Date, and Section 1210, in the case of all other Revolving Credit Loans, have been satisfied on the date of such request. Each Loan shall be denominated in Dollars.

Appears in 1 contract

Samples: Revolving Credit Agreement (United States Cellular Corp)

Commitment to Lend. (a) Subject to the terms and conditions set forth in this Credit Agreement, each of the Lenders Banks severally agrees to lend to the Borrower Borrowers and the Borrower Borrowers may borrow, repay, and reborrow from time to time from between the Closing Date up to but not including and the Revolving Credit Loan Maturity Date upon notice by the Borrower Borrowers to the Administrative Agent given in accordance with Section 2.62.6 hereof, such sums as are requested by the Borrower Borrowers up to a maximum aggregate amount outstanding (after giving effect to all amounts requested) at any one time equal to such LenderBank's Commitment Amount minus such LenderBank's Commitment Percentage of the sum of the Maximum Drawing Amount and all Unpaid Reimbursement Obligations, provided that the sum of the outstanding amount of the Revolving Credit Loans (after giving effect to all amounts requested), including the Swing Line Loans, ) plus the Maximum Drawing Amount and all Unpaid Reimbursement Obligations shall not at any time exceed the Total Commitment at such timeMaximum Availability. The Revolving Credit Loans shall be made pro rata in accordance with each LenderBank's Commitment Percentage. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower Borrowers that the conditions set forth in Section Section 11 and Section 1212 hereof, in the case of the initial Revolving Credit Loans to be made on the Closing Date, and Section 1212 hereof, in the case of all other Revolving Credit Loans, have been satisfied on the date of such requestrequest or waived by the Banks in accordance with Section 26 hereof.

Appears in 1 contract

Samples: Revolving Credit Agreement (Terex Corp)

Commitment to Lend. (a) Subject to the terms and conditions set forth in this Credit Agreement, each of the Lenders severally agrees to lend to the Borrower Borrowers and the each Borrower may borrow, repay, and reborrow from time to time from the Closing Date up to but not including the Revolving Credit Loan Maturity Date upon notice by the a Borrower to the Administrative Agent given in accordance with Section 2.6, such sums as are requested by the such Borrower up to a maximum aggregate amount outstanding (after giving effect to all amounts requested) at any one time equal to such Lender's Commitment minus such Lender's Commitment Percentage of the sum of the Maximum Drawing Amount and all Unpaid Reimbursement Obligations, provided that the sum of the outstanding amount of the Revolving Credit Loans (after giving effect to all amounts requested), including the Swing Line Loans, ) plus the Maximum Drawing Amount and all Unpaid Reimbursement Obligations shall not at any time exceed the Total Revolving Credit Commitment at such time. The Revolving Credit Loans shall be made pro rata in accordance with each Lender's Commitment Percentage. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower Borrowers that the conditions set forth in Section 11 13 and Section 1214, in the case of the initial Revolving Credit Loans to be made on the Closing Date, and Section 1214, in the case of all other Revolving Credit Loans, have been satisfied on the date of such request.

Appears in 1 contract

Samples: Credit Agreement (Vermont Pure Holdings LTD/De)

Commitment to Lend. (a) Subject to the terms and conditions set forth in this Credit Agreement, each of the Lenders Dollar Banks severally agrees to lend to the Borrower and the Borrower may borrow, repay, and reborrow from time to time from between the Closing Date up to but not including and the Revolving Credit Loan Maturity Date upon notice by the Borrower to the Administrative Dollar Agent given in accordance with Section 2.68.3, such sums as are requested by the Borrower up to a maximum aggregate amount outstanding (after giving effect to all amounts requested) at any one time equal to such LenderDollar Bank's Commitment minus such LenderDollar Bank's Commitment Percentage of the sum of the Maximum Drawing Amount and all Unpaid Reimbursement Obligations, provided that the sum of the outstanding amount of the Revolving Credit Loans (after giving effect to all amounts requested), including the Swing Line Loans, ) plus the Maximum Drawing Amount and all Unpaid Reimbursement Obligations shall not at any time exceed the Total Commitment at such timeRevolver Commitment. The Revolving Credit Loans shall be made pro rata in accordance with each LenderDollar Bank's Commitment Percentage. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower that the conditions set forth in Section 11 14 and Section 1215, in the case of the initial Revolving Credit Loans to be made on the Closing Date, and Section 1215, in the case of all other Revolving Credit Loans, have been satisfied on the date of such request.

Appears in 1 contract

Samples: Consignment Agreement (Marks Bros Jewelers Inc)

Commitment to Lend. (a) Subject to the terms and conditions set forth in this Credit Agreement, each of the Lenders Banks severally agrees to lend to the Borrower and the Borrower may borrow, repay, and reborrow from time to time from between the Closing Date up to but not including and the Revolving Credit Loan Maturity Date upon notice by the Borrower to the Administrative Agent given in accordance with Section 2.6(S)2.6 hereof, such sums as are requested by the Borrower up to a maximum aggregate amount outstanding (after giving effect to all amounts requested) at any one time equal to such LenderBank's Commitment minus such LenderBank's Commitment Percentage of the sum of the Maximum Drawing Amount and all Unpaid Reimbursement Obligations, provided that the sum of the outstanding amount of the Revolving Credit Loans (after giving effect to all amounts requested), including the Swing Line Loans, ) plus the Maximum Drawing Amount and all Unpaid Reimbursement Obligations shall not at any time exceed the Total Commitment at such timeCommitment. The Revolving Credit Loans shall be made pro rata in accordance with each LenderBank's Commitment Percentage. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower that the conditions set forth in Section 11 (S)11 and Section 12(S)12 hereof, in the case of the initial Revolving Credit Loans to be made or converted on the Closing Date, and Section 12(S)12 hereof, in the case of all other Revolving Credit Loans, have been satisfied on the date of such request.

Appears in 1 contract

Samples: Revolving Credit Agreement (Jordan Telecommunication Products Inc)

Commitment to Lend. (a) Subject to the terms and conditions set forth in this Credit Agreement, each of the Lenders Banks severally agrees to lend to the Borrower and the Borrower may borrow, repay, and reborrow from time to time from between the Closing Date up to but not including and the Revolving Credit Loan Maturity Date upon notice by the Borrower to the Administrative Agent given in accordance with Section 2.6§2.7 hereof, such sums as are requested by the Borrower up to a maximum aggregate amount outstanding (after giving effect to all amounts requested) at any one time equal to such Lender's Bank’s Revolving Credit Commitment minus such Lender's Bank’s Commitment Percentage of the sum of the Maximum all Drawing Amount Amounts and all Unpaid Reimbursement Obligations, provided that the sum of the outstanding amount of the Revolving Credit Loans (after giving effect to all amounts requested), including the Swing Line Loans, ) plus the Maximum all Drawing Amount Amounts and all Unpaid Reimbursement Obligations shall not at any time exceed the lesser of the Total Revolving Credit Commitment at such timeand, if applicable, the Borrowing Base described in §2.11. The Revolving Credit Loans shall be made pro rata in accordance with each Lender's Bank’s Commitment Percentage. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower that the conditions set forth in Section §§11 and Section 12, in the case of the initial Revolving Credit Loans to be made on the Closing Date, and Section §12, in the case of all other Revolving Credit Loans, have been satisfied on the date of such request.

Appears in 1 contract

Samples: Revolving Credit (Weider Nutrition International Inc)

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Commitment to Lend. (a) Subject to the terms and conditions set forth in this Credit Agreement, each of the Lenders Banks severally agrees to lend to the Borrower and the Borrower may borrow, repay, and reborrow from time to time from between the Closing Date and up to but not including the Revolving Credit Loan Maturity Date upon notice by the Borrower to the Administrative Agent given in accordance with Section 2.6ss.2.6 hereof, such sums as are requested by the Borrower up to a maximum aggregate amount outstanding (after giving effect to all amounts requested) at any one time equal to such LenderBank's Commitment minus MINUS such LenderBank's Commitment Percentage of the sum of the Maximum Drawing Amount and all Unpaid Reimbursement Obligations, provided PROVIDED that the sum of the outstanding amount of the Revolving Credit Loans (after giving effect to all amounts requested), including the Swing Line Loans, plus ) PLUS the Maximum Drawing Amount and all Unpaid Reimbursement Obligations shall not at any time exceed the Total Commitment at such timeCommitment. The Revolving Credit Loans shall be made pro rata PRO RATA in accordance with each LenderBank's Commitment Percentage. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower that the conditions set forth in Section 11 ss.ss.11 and Section 1212 hereof, in the case of the initial Revolving Credit Loans to be made on the Closing Datemade, and Section 12ss.12, in the case of all other Revolving Credit LoansLoans thereafter, have been satisfied on the date of such request.

Appears in 1 contract

Samples: Revolving Credit Agreement (Provant Inc)

Commitment to Lend. (a) Subject to the terms and conditions set forth in this Credit Agreement, each of the Lenders severally agrees to lend to the Borrower and the Borrower may borrow, repay, and reborrow from time to time from the Closing Date up to but not including the Revolving Credit Loan Maturity Date upon notice by the Borrower to the Administrative Agent given in accordance with Section §2.6, such sums as are requested by the Borrower up to a maximum aggregate amount outstanding (after giving effect to all amounts requested) at any one time equal to such Lender's ’s Commitment minus such Lender's ’s Commitment Percentage of the sum of the Maximum Drawing Amount and all Unpaid Reimbursement Obligations, provided that the sum of the outstanding amount of the Revolving Credit Loans (after giving effect to all amounts requested), including the Swing Line Loans, ) plus the Maximum Drawing Amount and all Unpaid Reimbursement Obligations shall not at any time exceed the Total Commitment at such time. The Revolving Credit Loans shall be made pro rata in accordance with each Lender's ’s Commitment Percentage. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower that the conditions set forth in Section §11 and Section §12, in the case of the initial Revolving Credit Loans to be made on the Closing Date, and Section §12, in the case of all other Revolving Credit Loans, have been satisfied on the date of such request.

Appears in 1 contract

Samples: Revolving Credit Agreement (Barnes Group Inc)

Commitment to Lend. (a) Subject to the terms and conditions set forth in this Credit Agreement, each of the Lenders Banks severally agrees to lend to the Borrower and the Borrower may borrow, repay, and reborrow from time to time from the Closing Date up to but not including the Revolving Credit Loan Maturity Date upon notice by the Borrower to the Administrative Agent given in accordance with Section 2.6ss.2.7 hereof, such sums as are requested by the Borrower up to a maximum aggregate principal amount outstanding (after giving effect to all amounts requested) at any one time equal to such LenderBank's Commitment minus such Lender's Commitment Percentage of the sum of the Maximum Drawing Amount and all Unpaid Reimbursement ObligationsAmount, provided PROVIDED that the sum of the outstanding amount of the Revolving Credit Loans (after giving effect to all amounts requested), including the Swing Line Loans, plus the Maximum Drawing Amount and all Unpaid Reimbursement Obligations ) shall not at any time exceed the Total Commitment at such timeCommitment. The Revolving Credit Loans shall be made pro rata PRO RATA in accordance with each LenderBank's Commitment Percentage. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower that the conditions set forth in Section ss.ss.10 and 11 and Section 12hereof, in the case of the initial Revolving Credit Loans to be made on the Closing Date, and Section 12ss.11 hereof, in the case of all other Revolving Credit Loans, have been satisfied on the date of such request.

Appears in 1 contract

Samples: Revolving Credit Agreement (Freedom Securiteis Corp /De/)

Commitment to Lend. (a) Subject to the terms and conditions set forth in this Credit Agreement, each of the Lenders severally agrees to lend to the Borrower and the Borrower may borrow, repay, and reborrow from time to time from the Closing Date up to but not including the Revolving Credit Loan Maturity Date upon notice by the Borrower to the Administrative Agent given in accordance with Section 2.6, such sums as are requested by the Borrower up to a maximum aggregate amount outstanding (after giving effect to all amounts requested) at any one time equal to such Lender's Commitment minus such Lender's Commitment Percentage of the sum of the Maximum Drawing Amount and all Unpaid Reimbursement Obligations, provided that the sum of the outstanding amount of the Revolving Credit Loans (after giving effect to all amounts requested), including the Swing Line Loans, ) plus the Maximum Drawing Amount and all Unpaid Reimbursement Obligations shall not at any time exceed the Total Commitment at such time. The Revolving Credit Loans shall be made pro rata in accordance with each Lender's Commitment PercentagePercentage in respect of Revolving Credit Loans. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower that the conditions set forth in Section 11 12 and Section 1213, in the case of the initial Revolving Credit Loans to be made on the Closing Date, and Section 1213, in the case of all other Revolving Credit Loans, have been satisfied on the date of such request.

Appears in 1 contract

Samples: Revolving Credit and Term Loan Agreement (Buca Inc /Mn)

Commitment to Lend. (a) Subject to the terms and conditions set forth in this Credit Agreement, each of the Lenders severally agrees to lend to the Borrower Borrower, and the Borrower may borrow, repay, and reborrow from time to time from the Closing Date up to but not including the Revolving Credit Loan Maturity Date upon notice by the Borrower to the Administrative Agent given in accordance with Section §2.6, such sums as are requested by the Borrower up to a maximum aggregate amount outstanding (after giving effect to all amounts requested) at any one time equal to such Lender's ’s Commitment minus such Lender's ’s Commitment Percentage of the sum of the Maximum Drawing Amount and all Unpaid Reimbursement Obligations, provided that the sum of the outstanding amount of the Revolving Credit Loans (after giving effect to all amounts requested), including the Swing Line Loans, ) plus the Maximum Drawing Amount and all Unpaid Reimbursement Obligations shall not at any time exceed the Total Commitment at such time. The Revolving Credit Loans shall be made pro rata in accordance with each Lender's ’s Commitment Percentage. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower that the conditions set forth in Section §11 and Section 12, in the case of the initial Revolving Credit Loans to be made on the Closing Date, and Section 12, in the case of all other Revolving Credit Loans, have been satisfied on the date of such request.and

Appears in 1 contract

Samples: Revolving Credit Agreement (Friendly Ice Cream Corp)

Commitment to Lend. (a) Subject to the terms and conditions set forth in this Credit Agreement, each of the Lenders severally agrees to lend to the Borrower and the Borrower may borrow, repay, and reborrow from time to time from the Closing Date up to but not including the Revolving Credit Loan Maturity Date upon notice by the Borrower to the Administrative Agent given in accordance with Section 2.6, such sums as are requested by the Borrower up to a maximum aggregate amount outstanding (after giving effect to all amounts requested) at any one time equal to such Lender's Commitment minus MINUS such Lender's Commitment Percentage of the sum of the Maximum Drawing Amount and all Unpaid Reimbursement Obligations, provided PROVIDED that the sum of the outstanding amount of the Revolving Credit Loans (after giving effect to all amounts requested), including the Swing Line Loans, plus ) PLUS the Maximum Drawing Amount and all Unpaid Reimbursement Obligations shall not at any time exceed the Total Commitment at such time. The Revolving Credit Loans shall be made pro rata PRO RATA in accordance with each Lender's Commitment Percentage. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower that the conditions set forth in Section 11 and Section 12, in the case of the initial Revolving Credit Loans to be made on the Closing Date, and Section 12, in the case of all other Revolving Credit Loans, have been satisfied on the date of such request.

Appears in 1 contract

Samples: Revolving Credit Agreement (Keane Inc)

Commitment to Lend. (a) Subject to the terms and conditions set forth in this Credit Agreement, each of the Lenders Banks severally agrees to lend to the Borrower Borrowers and the Borrower Borrowers may borrow, repay, and reborrow from time to time from the Closing Date up to but not including the Revolving Credit Loan Maturity Term Out Date upon notice by the Borrower Borrowers to the Administrative Agent given in accordance with Section 2.6ss.2.6, such sums as are requested by the Borrower Borrowers up to a maximum aggregate amount outstanding (after giving effect to all amounts requested) at any one time equal to such LenderBank's Commitment minus such LenderBank's Commitment Percentage of the sum of the Maximum Drawing Amount and all Unpaid Reimbursement Obligations, provided that the sum of the outstanding amount of the Revolving Credit Loans (after giving effect to all amounts requested), including the Swing Line Loans, ) plus the Maximum Drawing Amount and all Unpaid Reimbursement Obligations shall not at any time exceed the lesser of (a) the Total Commitment at such timeand (b)(i) the Borrowing Base plus (ii) the Applicable Overadvance Amount. The Revolving Credit Loans shall be made pro rata in accordance with each LenderBank's Commitment Percentage. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by each of the Borrower Borrowers that the conditions set forth in Section 11 ss.12 and Section 12ss.13, in the case of the initial Revolving Credit Loans to be made on the Closing Date, and Section 12ss.13, in the case of all other Revolving Credit Loans, have been satisfied on the date of such request.

Appears in 1 contract

Samples: Revolving Credit and Term Loan Agreement (Morgan Group Inc)

Commitment to Lend. (a) Subject to the terms and conditions set forth in this Credit Agreement, each of the Lenders severally (and not jointly) agrees to lend to the Borrower and the Borrower may borrow, repay, and reborrow from time to time from between the Closing Effective Date up to but not including and the Revolving Credit Loan Maturity Termination Date upon notice by the Borrower to the Administrative Agent given in accordance with Section 2.6, such sums as are requested by the Borrower up to a maximum aggregate amount outstanding (after giving effect to all amounts requested) at any one time equal to such Lender's Commitment minus MINUS such Lender's Commitment Percentage of the sum of the Maximum Drawing Amount and all Unpaid Reimbursement Obligations, provided PROVIDED that the sum of the outstanding amount of the Revolving Credit Loans (after giving effect to all amounts requested), including the Swing Line Loans, plus ) PLUS the Maximum Drawing Amount and all Unpaid Reimbursement Obligations shall not at any time exceed the Total Commitment at such timeAvailability. The Revolving Credit Loans shall be made pro rata PRO RATA in accordance with each Lender's Commitment Percentage. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower that the conditions set forth in Section 11 and Section 12, in the case of the initial Revolving Credit Loans to be made on the Closing DateLoans, and Section 12, in the case of all other Revolving Credit Loans, have been satisfied on the date of such request.

Appears in 1 contract

Samples: Canadian Security Agreement (Republic Technologies International Holdings LLC)

Commitment to Lend. (a) Subject to the terms and conditions set forth in this Credit Agreement, each of the Lenders severally agrees to lend to the Borrower Borrowers and the Borrower Borrowers may borrow, repay, and reborrow from time to time from the Closing Date up to but not including the Revolving Credit Loan Maturity Date upon notice by the Borrower Borrowers to the Administrative Agent given in accordance with Section 2.6ss.2.6, such sums as are requested by the Borrower Borrowers up to a maximum aggregate amount outstanding (after giving effect to all amounts requested) at any one time equal to such Lender's Revolving Credit Commitment minus such Lender's Commitment Percentage of the sum all Letter of the Maximum Drawing Amount and all Unpaid Reimbursement ObligationsCredit Exposure, provided that the sum of the outstanding amount of the Revolving Credit Loans (after giving effect to all amounts requested), including the Swing Line Loans, ) plus the Maximum Drawing Amount and all Unpaid Reimbursement Obligations Letter of Credit Exposure shall not at any time exceed the lesser of (i) the Total Revolving Credit Commitment at such timeand (ii) the Borrowing Base. The Revolving Credit Loans shall be made pro rata in accordance with each Lender's Commitment Percentage. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower Borrowers that the conditions set forth in Section 11 and Section 12ss.11, in the case of the initial Revolving Credit Loans conditions to be made satisfied on the Closing Date, and Section 12ss.12, in the case of all other Revolving Credit Loans, have been satisfied on the date of such request.

Appears in 1 contract

Samples: Revolving Credit Agreement (Century Aluminum Co)

Commitment to Lend. (a) Subject to the terms and conditions set forth in this Credit Agreement, each of the Lenders Banks severally agrees to lend to the Borrower and the Borrower may borrow, repay, and reborrow from time to time from between the Closing Effective Date up to but not including and the Revolving Credit Loan Maturity Date upon notice by the Borrower to the Administrative Agent given in accordance with Section 2.6, such sums as are requested by the Borrower up to a maximum aggregate amount outstanding (after giving effect to all amounts requested) at any one time equal to such LenderBank's Commitment minus MINUS such LenderBank's Commitment Percentage of the sum of the Maximum Drawing Amount and all Unpaid Reimbursement Obligations, provided PROVIDED that the sum of the outstanding amount of the Revolving Credit Loans (after giving effect to all amounts requested), including the Swing Line Loans, plus ) PLUS the Maximum Drawing Amount and all Unpaid Reimbursement Obligations shall not at any time exceed the Total Commitment at such timeAvailability. The Revolving Credit Loans shall be made pro rata PRO RATA in accordance with each LenderBank's Commitment Percentage. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower that the conditions set forth in Section 11 and Section 12, in the case of the initial Revolving Credit Loans to be made on the Closing DateLoans, and Section 12, in the case of all other Revolving Credit Loans, have been satisfied on the date of such request.

Appears in 1 contract

Samples: Revolving Credit Agreement (Republic Engineered Steels Inc)

Commitment to Lend. (a) Subject to the terms and conditions set forth in this Credit Agreement, each of the Lenders Banks severally agrees to lend to the Borrower and the Borrower may borrow, repay, and reborrow from time to time from between the Closing Date up to but not including and the Revolving Credit Loan Maturity Date upon notice by the Borrower to the Administrative Agent given in accordance with Section 2.6[Section]2.6, such sums as are requested by the Borrower up to a maximum aggregate amount outstanding (after giving effect to all amounts requested) at any one time equal to such LenderBank's Commitment minus MINUS such LenderBank's Commitment Percentage of the sum of the Maximum Drawing Amount and all Unpaid Reimbursement Obligations, provided PROVIDED that the sum of the outstanding amount of the Revolving Credit Loans (after giving effect to all amounts requested), including the Swing Line Loans, plus ) PLUS the Maximum Drawing Amount and all Unpaid Reimbursement Obligations shall not at any time exceed the Total Commitment at such timeCommitment. The Revolving Credit Loans shall be made pro rata PRO RATA in accordance with each LenderBank's Commitment Percentage. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower that the conditions set forth in Section 11 [Section]11 and Section 12[Section]12, in the case of the initial Revolving Credit Loans to be made on the Closing Date, and Section 12[Section]12, in the case of all other Revolving Credit Loans, have been satisfied on the date of such request.

Appears in 1 contract

Samples: Revolving Credit Agreement (Hadco Acquisition Corp)

Commitment to Lend. (a) Subject to the terms and conditions set forth in this Credit Agreement, each of the Lenders severally agrees to lend to the Borrower and the Borrower may borrow, repay, and reborrow from time to time from the Closing Date up to but not including the Revolving Credit Loan Final Maturity Date upon notice by the Borrower to the Administrative Agent given in accordance with Section 2.6, such sums sums, in Dollars, as are requested by the Borrower up to a maximum aggregate amount outstanding (after giving effect to all amounts requested) at any one time equal to such Lender's Commitment minus such Lender's Commitment Percentage of the sum of the Maximum Drawing Amount and all Unpaid Reimbursement Obligations, ; provided that the sum of the outstanding amount of the Revolving Credit Loans (after giving effect to all amounts requested), including the Swing Line Loans, ) plus the Maximum Drawing Amount and all Unpaid Reimbursement Obligations shall not at any time exceed the Total Commitment at such time. The Revolving Credit Loans shall be made pro rata in accordance with each Lender's Commitment Percentage. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower that the conditions set forth in Section 11 10 and Section 1211, in the case of the initial Revolving Credit Loans to be made on the Closing Date, and Section 1211, in the case of all other Revolving Credit Loans, have been satisfied on the date of such request.

Appears in 1 contract

Samples: Revolving Credit Agreement (Timberland Co)

Commitment to Lend. (a) Subject to the terms and conditions set forth in this Credit Agreement, each of the Lenders severally agrees to lend to the Borrower and the Borrower may borrow, repay, and reborrow from time to time from the Closing Date up to but not including the Revolving Credit Loan Final Maturity Date upon notice by the Borrower to the Administrative Agent given in accordance with Section §2.6, such sums sums, in Dollars, as are requested by the Borrower up to a maximum aggregate amount outstanding (after giving effect to all amounts requested) at any one time equal to such Lender's ’s Commitment minus such Lender's ’s Commitment Percentage of the sum of the Maximum Drawing Amount and all Unpaid Reimbursement Obligations, ; provided that the sum of the outstanding amount of the Revolving Credit Loans (after giving effect to all amounts requested), including the Swing Line Loans, ) plus the Maximum Drawing Amount and all Unpaid Reimbursement Obligations shall not at any time exceed the Total Commitment at such time. The Revolving Credit Loans shall be made pro rata in accordance with each Lender's ’s Commitment Percentage. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower that the conditions set forth in Section 11 §10 and Section 12§11, in the case of the initial Revolving Credit Loans to be made on the Closing Date, and Section 12§11, in the case of all other Revolving Credit Loans, have been satisfied on the date of such request.

Appears in 1 contract

Samples: Revolving Credit Agreement (Timberland Co)

Commitment to Lend. (a) Subject to the terms and conditions set forth in this Credit Agreement, each of the Lenders severally agrees to lend to the Borrower Borrowers and the Borrower Borrowers may borrow, repay, and reborrow from time to time from the Initial Closing Date up to but not including the Revolving Credit Loan Maturity Date upon notice by the Borrower Borrowers to the Administrative Agent given in accordance with Section 2.6ss.2.6, such sums as are requested by the Borrower Borrowers up to a maximum aggregate amount outstanding (after giving effect to all amounts requested) at any one time equal to such Lender's Revolving Credit Commitment minus such Lender's Commitment Percentage of the sum all Letter of the Maximum Drawing Amount and all Unpaid Reimbursement ObligationsCredit Exposure, provided that the sum of the outstanding amount of the Revolving Credit Loans (after giving effect to all amounts requested), including the Swing Line Loans, ) plus the Maximum Drawing Amount and all Unpaid Reimbursement Obligations Letter of Credit Exposure shall not at any time exceed the lesser of (i) the Total Revolving Credit Commitment at such timeand (ii) the Borrowing Base. The Revolving Credit Loans shall be made pro rata in accordance with each Lender's Commitment Percentage. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower Borrowers that the conditions set forth in Section 11 ss.12 and Section 12ss.14, in the case of the initial Revolving Credit Loans to be made on the Initial Closing Date, and Section 12ss.14, in the case of all other Revolving Credit Loans, have been satisfied on the date of such request.

Appears in 1 contract

Samples: Credit and Term Loan Agreement (Century Aluminum Co)

Commitment to Lend. (a) Subject to the terms and conditions set forth in this Credit Agreement, each of the Lenders Banks severally agrees to lend to the Borrower and the Borrower may borrow, repay, and reborrow from time to time from the Closing Date up to but not including the Revolving Credit Loan Maturity Date upon notice by the Borrower to the Administrative Agent given in accordance with Section 2.6ss.2.6, such sums as are requested by the Borrower up to a maximum aggregate amount outstanding (after giving effect to all amounts requested) at any one time equal to such LenderBank's Commitment minus such LenderBank's Commitment Percentage of the sum of the Maximum Drawing Amount and all Unpaid Reimbursement Obligations, provided that the sum of the outstanding amount of the Revolving Credit Loans (after giving effect to all amounts requested), including the Swing Line Loans, ) plus the Maximum Drawing Amount and all Unpaid Reimbursement Obligations shall not at any time exceed the Total Commitment and, provided further, that the sum of the outstanding amount of the Revolving Credit Loans (after giving effect to all amounts requested) plus the Maximum Drawing Amount and all Unpaid Reimbursement Obligations shall not at such timeany time exceed the Guaranteed Credit Agreement Outstandings. The Revolving Credit Loans shall be made pro rata in accordance with each LenderBank's Commitment Percentage. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower that the conditions set forth in Section 11 ss.11 and Section 12ss.12, in the case of the initial Revolving Credit Loans to be made on the Closing Date, and Section 12ss.12, in the case of all other Revolving Credit Loans, have been satisfied on the date of such request.

Appears in 1 contract

Samples: Revolving Credit Agreement (Appnet Systems Inc)

Commitment to Lend. (a) Subject to the terms and conditions set forth in this Credit Agreement, each of the Lenders Banks severally agrees to lend to the Borrower and the Borrower may borrow, repay, and reborrow from time to time from between the Closing Date up to but not including and the Revolving Credit Loan Maturity Date upon notice by the Borrower to the Administrative Agent given in accordance with Section 2.6, such sums as are requested by the Borrower up to a maximum aggregate amount outstanding (after giving effect to all amounts requested) at any one time equal to such LenderBank's Commitment minus such LenderBank's Commitment Percentage of the sum of the Maximum Drawing Amount and Amount, all Unpaid Reimbursement ObligationsObligations and Bankers' Acceptances then outstanding, provided that the sum of the outstanding amount of the Revolving Credit Loans (after giving effect to all amounts requested), including the Swing Line Loans, ) plus the Maximum Drawing Amount and all Unpaid Reimbursement Obligations plus the aggregate amount of Bankers' Acceptances then outstanding shall not at any time exceed the Total Commitment at such timeCommitment. The Revolving Credit Loans shall be made pro rata in accordance with each LenderBank's Commitment Percentage. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower that the conditions set forth in Section 11 and Section 12, in the case of the initial Revolving Credit Loans to be made on the Closing Date, and Section 12, in the case of all other Revolving Credit Loans, have been satisfied on the date of such request.

Appears in 1 contract

Samples: Revolving Credit Agreement (Flextronics International LTD)

Commitment to Lend. (a) Subject to the terms and conditions set forth in this Credit Agreement, each of the Lenders Banks severally agrees to lend to the Borrower and the Borrower may borrow, repay, and reborrow from time to time from the Closing Date up to but not including the Revolving Credit Loan Maturity Date upon notice by the Borrower to the Administrative Agent given in accordance with Section 2.62.7, such sums Syndicated Loans as are requested by the Borrower up to a maximum aggregate amount outstanding (after giving effect to all amounts requested) at any one time equal to such LenderBank's Commitment minus such LenderBank's Commitment Percentage of the sum of the Maximum Drawing Amount and all Unpaid Reimbursement Obligations, provided that the sum of the outstanding amount of the Revolving Credit Loans (after giving effect to all amounts requested), including the Swing Line Loans, ) plus the Maximum Drawing Amount and all Unpaid Reimbursement Obligations shall not at any time exceed the Total Commitment at such timeCommitment. The Revolving Credit Syndicated Loans shall be made pro rata in accordance with each LenderBank's Commitment Percentage. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower that the conditions set forth in Section Sections 11 and Section 12, in the case of the initial Revolving Credit Loans to be made on the Closing Date, and Section 12, in the case of all other Revolving Credit Loans, have been satisfied on the date of such request.

Appears in 1 contract

Samples: Revolving Credit Agreement (Stride Rite Corp)

Commitment to Lend. (a) Subject to the terms and conditions set forth in this Credit Agreement, each of the Lenders severally agrees to lend to the Borrower Borrowers as joint and several borrowers, and the Borrower Borrowers may on a joint and several basis borrow, repay, and reborrow reborrow, from time to time from the Closing Date up to but not including the Revolving Credit Loan Maturity Termination Date upon notice by the Borrower Borrowers to the Administrative Agent Agents given in accordance with Section 2.6ss.2.6.1, such sums as are requested by the Borrower Borrowers up to a maximum aggregate amount outstanding (after giving effect to all amounts requested) at any one time equal to such Lender's Commitment minus MINUS such Lender's Commitment Percentage of the sum of the Maximum Drawing Amount Commitment Reserve and all Unpaid Reimbursement Letter of Credit Obligations, provided PROVIDED that the sum of the outstanding amount of the Revolving Credit Loans (after giving effect to all amounts requested), including the Swing Line Loans, plus the Maximum Drawing Amount and ) PLUS all Unpaid Reimbursement Letter of Credit Obligations shall not at any time exceed the least of (i) the Total Commitment in effect at such timetime MINUS the Commitment Reserve, (ii) the Borrowing Base and (iii) the amount approved to be borrowed by way of Loans and Letter of Credit Obligations in the Final Order. The Revolving Credit Loans shall be made pro rata PRO RATA in accordance with each Lender's Commitment Percentage. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by each of the Borrower Borrowers that the conditions set forth in Section 11 ss.13 and Section 12ss.14, in the case of the initial Revolving Credit Loans to be made on the Closing Date, and Section 12ss.14, in the case of all other Revolving Credit Loans, have been satisfied on the date of such request.

Appears in 1 contract

Samples: Credit Agreement (Nationsrent Inc)

Commitment to Lend. (a) Subject to the terms and conditions set forth in this Credit Agreement, each of the Lenders severally Lender agrees to lend to the Borrower and the Borrower may borrow, repay, and reborrow from time to time from the Closing Date up to but not including the Revolving Credit Loan Maturity Date upon notice by the Borrower to the Administrative Agent Lender given in accordance with Section ss. 2.6, such sums as are requested by the Borrower up to a maximum aggregate amount outstanding (after giving effect to all amounts requested) at any one time equal to such Lender's the Commitment minus such Lender's Commitment Percentage of the sum of the Maximum Drawing Amount and all Unpaid Reimbursement Obligations, provided that the sum of the outstanding amount of the Revolving Credit Loans (after giving effect to all amounts requested), including the Swing Line Loans, ) plus the Maximum Drawing Amount and all Unpaid Reimbursement Obligations shall not at any time exceed the Total lesser of (a) the Commitment at such time and (ii) the Availability at such time. The Revolving Credit Loans shall be made pro rata in accordance with each Lender's Commitment Percentage. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower that the conditions set forth in Section ss. 11 and Section ss. 12, in the case of the initial Revolving Credit Loans to be made on the Closing Date, and Section ss. 12, in the case of all other Revolving Credit Loans, have been satisfied on the date of such request.

Appears in 1 contract

Samples: Revolving Credit and Term Loan Agreement (DSL Net Inc)

Commitment to Lend. (a) Subject to the terms and conditions set forth in this Credit Agreement, each of the Lenders Banks severally agrees to lend to the Borrower and the Borrower may borrow, repay, and reborrow from time to time from between the Closing Date up to but not including and the Revolving Credit Loan Maturity Date upon notice by the Borrower to the Administrative Agent given in accordance with Section ss 2.6, such sums as are requested by the Borrower up to a maximum aggregate principal amount outstanding (after giving effect to all amounts requested) at any one time equal to such LenderBank's Commitment minus such LenderBank's Commitment Percentage of the sum of the Maximum Drawing Amount and all Unpaid Reimbursement Obligations, provided that the sum of the outstanding amount of the Revolving Credit Loans (after giving effect to all amounts requested), including the Swing Line Loans, ) plus the Maximum Drawing Amount and all Unpaid Reimbursement Obligations shall not at any time exceed the Total Commitment at such timeCommitment. The Revolving Credit Loans shall be made pro rata in accordance with each LenderBank's Commitment Percentage. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower that the conditions set forth in Section ss 11 and Section ss 12, in the case of the initial Revolving Credit Loans to be made on the Closing Date, and Section ss 12, in the case of all other Revolving Credit Loans, have been satisfied on the date of such request.

Appears in 1 contract

Samples: Revolving Credit Agreement (Answerthink Inc)

Commitment to Lend. (a) Subject to the terms and conditions set forth in this Credit Agreement, each of the Lenders Banks severally agrees to lend to the Borrower and the Borrower may borrow, repay, and reborrow from time to time from the Closing Date up to but not including the Revolving Credit Loan Maturity Date upon notice by the Borrower to the Administrative Agent given in accordance with Section §2.6, such sums as are requested by the Borrower up to a maximum aggregate amount outstanding (after giving effect to all amounts requested) at any one time equal to such LenderBank's Commitment minus such LenderBank's Commitment Percentage of the sum of the Maximum Drawing Amount and all Unpaid Reimbursement Obligations, provided that the sum of the outstanding amount of the Revolving Credit Loans (after giving effect to all amounts requested), including the Swing Line Loans, ) plus the Maximum Drawing Amount and all Unpaid Reimbursement Obligations shall not at any time exceed the Total Commitment at such timeCommitment. The Revolving Credit Loans shall be made pro rata in accordance with each LenderBank's Commitment Percentage. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower that the conditions set forth in Section 11 §12 and Section 12§13, in the case of the initial Revolving Credit Loans to be made on the Closing Date, and Section 12§13, in the case of all other Revolving Credit Loans, have been satisfied on the date of such request.

Appears in 1 contract

Samples: Credit and Term Loan Agreement (Fargo Electronics Inc)

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