Common use of Commitment to Lend Clause in Contracts

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

Appears in 2 contracts

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

Commitment to Lend. Subject to the terms and conditions set forth in this Credit Agreement, each of the Banks severally agrees to lend to the Borrowers Borrower and the Borrowers 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 Borrowers Borrower to the Administrative Agent given in accordance with §Section 2.6, such sums as are requested by the Borrowers Borrower up to a maximum aggregate amount outstanding Outstanding (after giving effect to all amounts requested) at any one time equal to such Bank’s 's Commitment minus MINUS such Bank’s '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 Outstanding amount of the Revolving Credit Loans, Swing Line Loans, unpaid Reimbursement Obligations and the Maximum Drawing Amount Loans (after giving effect to all amounts requested) 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, as such amount may be reduced or increased pursuant to §2.2 hereof (time exceed the Total Commitment”). The Revolving Credit Loans shall be made pro rata PRO RATA in accordance with each Bank’s 's Commitment Percentage. Each request for a Loan hereunder shall constitute a representation and warranty by the Borrowers Borrower that the conditions set forth in §9 Section 11 and §10Section 12, as in the case may beof the initial Loans to be made on the Closing Date, and Section 12, in the case of all other Loans, have been satisfied on the date of such request.

Appears in 2 contracts

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

Commitment to Lend. Subject to the terms and conditions set forth in this Credit Agreement, each of the Banks severally agrees to lend to the Borrowers Borrower and the Borrowers 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 Borrowers Borrower to the Administrative Agent given in accordance with §2.6ss.2.6, such sums as are requested by the Borrowers Borrower up to a maximum aggregate principal amount outstanding (after giving effect to all amounts requested) at any one time equal to such Bank’s 's Commitment minus MINUS such Bank’s '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, Swing Line Loans, unpaid Reimbursement Obligations and the Maximum Drawing Amount Loans (after giving effect to all amounts requested) 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, as such amount may be reduced or increased pursuant to §2.2 hereof time exceed the lesser of (i) the Total Commitment”Commitment and (ii). The Revolving Credit Loans shall be made pro rata in accordance with each Bank’s Commitment Percentage. Each request for a Loan hereunder shall constitute a representation and warranty by the Borrowers that the conditions set forth in §9 and §10, as the case may be, have been satisfied on the date of such request.

Appears in 2 contracts

Sources: Credit Agreement (HPSC Inc), Credit Agreement (HPSC Inc)

Commitment to Lend. Subject to the terms and conditions set forth in this Credit Agreement, each of the Banks Lenders severally agrees to lend to the Borrowers Borrower and the Borrowers Borrower may borrow, repay, and reborrow from time to time from the Closing Date up to but not including the Maturity Date upon notice by the Borrowers Borrower to the Administrative Agent given in accordance with §2.6, such sums as are requested by the Borrowers Borrower up to a maximum aggregate amount outstanding (after giving effect to all amounts requested) at any one time equal to such BankLender’s Commitment minus such BankLender’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, Swing Line Loans, unpaid Reimbursement Obligations and the Maximum Drawing Amount Loans (after giving effect to all amounts requested) plus 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 the lesser of (i) the Total Commitment at such time and (ii) the Borrowing Base at such time, as such amount may be reduced or increased pursuant to §2.2 hereof (the “Total Commitment”). The Revolving Credit Loans shall be made pro rata in accordance with each BankLender’s Commitment Percentage. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrowers Borrower that the conditions set forth in §9 11 and §1012, as in the case may beof the initial Revolving Credit Loans to be made on the Closing Date, and §12, in the case of all other Revolving Credit Loans, have been satisfied on the date of such request.

Appears in 2 contracts

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

Commitment to Lend. Subject to the terms and conditions set forth in this Credit Agreement, each of the Dollar Banks severally agrees to lend to the Borrowers Borrower and the Borrowers Borrower may borrow, repay, and reborrow from time to time from between the Closing Date up to but not including and the Revolver Maturity Date upon notice by the Borrowers Borrower to the Administrative Dollar Agent given in accordance with §2.6ss.8.3, such sums as are requested by the Borrowers Borrower up to a maximum aggregate amount outstanding (after giving effect to all amounts requested) at any one time equal to such Dollar Bank’s 's Commitment minus such Dollar Bank’s '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, Swing Line Loans, unpaid Reimbursement Obligations and the Maximum Drawing Amount Loans (after giving effect to all amounts requested) 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, as such amount may be reduced or increased pursuant to §2.2 hereof (time exceed the Total Revolver Commitment”). The Revolving Credit Loans shall be made pro rata in accordance with each Dollar Bank’s 's Commitment Percentage. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrowers Borrower that the conditions set forth in §9 ss.14 and §10ss.15, as in the case may beof the initial Revolving Credit Loans to be made on the Closing Date, and ss.15, in the case of all other Revolving Credit Loans, have been satisfied on the date of such request.

Appears in 2 contracts

Sources: Revolving Credit, Term Loan and Gold Consignment Agreement (Commemorative Brands Inc), Revolving Credit, Term Loan and Gold Consignment Agreement (Commemorative Brands Inc)

Commitment to Lend. Subject to the terms and conditions set forth in this Credit Agreement, each of the Banks Lenders severally agrees to lend to the Borrowers Borrower and the Borrowers 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 Borrowers Borrower to the Administrative Agent given in accordance with §Section 2.6, such sums as are requested by the Borrowers Borrower up to a maximum aggregate amount outstanding (after giving effect to all amounts requested) at any one time equal to such Bank’s Lender's Commitment minus such Bank’s Lender'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, Swing Line Loans, unpaid Reimbursement Obligations and the Maximum Drawing Amount Loans (after giving effect to all amounts requested) 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 the Total Commitment at such time, as such amount may be reduced or increased pursuant to §2.2 hereof (the “Total Commitment”). The Revolving Credit Loans shall be made pro rata in accordance with each Bank’s 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 Borrowers Borrower that the conditions set forth in §9 Section 12 and §10Section 13, as in the case may beof the initial Revolving Credit Loans to be made on the Closing Date, and Section 13, in the case of all other Revolving Credit Loans, have been satisfied on the date of such request.

Appears in 1 contract

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

Commitment to Lend. Subject to the terms and conditions set forth in this Credit Agreement, each of the Banks severally agrees to lend to the Borrowers Borrower and the Borrowers 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 Borrowers Borrower to the Administrative Agent given in accordance with §2.62.7 hereof, such sums as are requested by the Borrowers Borrower up to a maximum aggregate amount outstanding (after giving effect to all amounts requested) at any one time equal to such Bank’s Revolving Credit Commitment minus such Bank’s Commitment Percentage of the sum of the Maximum all Drawing Amount Amounts and all unpaid Unpaid Reimbursement Obligations, provided that the sum of the outstanding amount of the Revolving Credit Loans, Swing Line Loans, unpaid Reimbursement Obligations and the Maximum Drawing Amount Loans (after giving effect to all amounts requested) plus all Drawing Amounts and all Unpaid Reimbursement Obligations shall not exceed a maximum aggregate amount outstanding of $175,000,000 at any timetime exceed the lesser of the Total Revolving Credit Commitment and, as such amount may be reduced or increased pursuant to if applicable, the Borrowing Base described in §2.2 hereof (the “Total Commitment”)2.11. The Revolving Credit Loans shall be made pro rata in accordance with each Bank’s Commitment Percentage. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrowers Borrower that the conditions set forth in §9 §11 and 12, in the case of the initial Loans to be made on the Closing Date, and §1012, as in the case may beof all other Revolving Credit Loans, have been satisfied on the date of such request.

Appears in 1 contract

Sources: Revolving Credit Agreement (Weider Nutrition International Inc)

Commitment to Lend. Subject to Article 11 and the terms and conditions set forth in this Credit Agreement, each of the Banks Lenders severally agrees to lend to the Borrowers Borrower, and the Borrowers Borrower may borrow, repay, and reborrow from time to time from the Closing Effective Date up to but not including the Maturity Date upon notice by the Borrowers Borrower to the Administrative Agent given in accordance with §2.6Section 2.2(b), such sums as are requested by the Borrowers Borrower up to a maximum aggregate amount outstanding (after giving effect to all amounts requested) at any one time equal to such BankLender’s Commitment minus such BankLender’s Commitment Percentage of the sum of (A) the Maximum Drawing Amount and all unpaid Reimbursement Obligations, provided that Letter of Credit Usage plus (B) the sum of the outstanding amount of the Revolving Credit Loans, Swing Line Loans, unpaid Unpaid Reimbursement Obligations and in respect of Letters of Credit, subject at all times to any limitations contained within the Maximum Drawing Amount (after giving effect to all amounts requested) shall not exceed a maximum aggregate amount outstanding of $175,000,000 at any timeInterim DIP Order or the Final DIP Order, as such amount may be reduced or increased pursuant to §2.2 hereof (the “Total Commitment”). The Revolving Credit Loans shall be made pro rata in accordance with each Bank’s Commitment Percentageapplicable. Each request for a Loan hereunder shall constitute a representation and warranty by the Borrowers Borrower that the conditions set forth in §9 and §10Article 11, as in the case may beof the initial Loans to be made on the Effective Date, and Section 11.2, in the case of all other Loans, have been satisfied on the date of such request. Notwithstanding the foregoing, after giving effect to all Borrowings, the Loans in the aggregate shall not have more than three (3) different Interest Periods in effect at any one time unless otherwise agreed between the Borrower and the Agent.

Appears in 1 contract

Sources: Dip Credit Agreement

Commitment to Lend. Subject to the terms and conditions set forth in this Credit Agreement, each of the Banks severally agrees to lend to the Borrowers Borrower and the Borrowers 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 Borrowers Borrower to the Administrative Agent given in accordance with §ss 2.6, such sums as are requested by the Borrowers Borrower up to a maximum aggregate principal amount outstanding (after giving effect to all amounts requested) at any one time equal to such Bank’s 's Commitment minus such Bank’s '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, Swing Line Loans, unpaid Reimbursement Obligations and the Maximum Drawing Amount Loans (after giving effect to all amounts requested) 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, as such amount may be reduced or increased pursuant to §2.2 hereof (time exceed the Total Commitment”). The Revolving Credit Loans shall be made pro rata in accordance with each Bank’s 's Commitment Percentage. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrowers Borrower that the conditions set forth in §9 ss 11 and §10ss 12, as in the case may beof the initial Revolving Credit Loans to be made on the Closing Date, and ss 12, in the case of all other Revolving Credit Loans, have been satisfied on the date of such request.

Appears in 1 contract

Sources: Revolving Credit Agreement (Answerthink Inc)

Commitment to Lend. Subject to the terms and conditions set forth in this Credit Agreement, each of the Banks severally agrees to lend to the Borrowers Borrower and the Borrowers 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 Borrowers Borrower to the Administrative Agent given in accordance with §2.6, such sums as are requested by the Borrowers Borrower up to a maximum aggregate amount outstanding (after giving effect to all amounts requested) at any one time equal to such Bank’s 's Commitment minus such Bank’s '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, Swing Line Loans, unpaid Reimbursement Obligations and the Maximum Drawing Amount Loans (after giving effect to all amounts requested) 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, as such amount may be reduced or increased pursuant to §2.2 hereof (time exceed the Total Commitment”). The Revolving Credit Loans shall be made pro rata in accordance with each Bank’s 's Commitment Percentage. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrowers Borrower that the conditions set forth in §9 12 and §1013, as in the case may beof the initial Revolving Credit Loans to be made on the Closing Date, and §13, in the case of all other Revolving Credit Loans, have been satisfied on the date of such request.

Appears in 1 contract

Sources: Revolving Credit and Term Loan Agreement (Fargo Electronics Inc)

Commitment to Lend. Subject to the terms and conditions set forth in this Credit AgreementAgreement (including, without limitation, Section 2.11 hereof), each of the Banks Lenders severally agrees to lend to the Borrowers Borrower, and the Borrowers Borrower may borrow, repay, and reborrow from time to time from the Closing Date up to (but not including including) the Maturity Conversion Date upon notice by the Borrowers Borrower to the Administrative Agent given in accordance with §2.6Section 2.7, such sums as are requested by the Borrowers up to a maximum aggregate amount outstanding (after giving effect to all amounts requested) at any one time equal to such Bank’s Commitment minus such Bank’s Commitment Percentage of the sum of the Maximum Drawing Amount and all unpaid Reimbursement ObligationsBorrower, provided that the sum of the outstanding unpaid principal amount of the Revolving all Credit Loans, Swing Line Loans, unpaid Reimbursement Obligations and the Maximum Drawing Amount Loans (after giving effect to all amounts requested) shall not exceed a maximum aggregate amount outstanding of $175,000,000 at any time exceed the lesser of (i) the Total Commitment at such time and (ii) the Borrowing Base at such time, as such amount may be reduced or increased pursuant to §2.2 hereof (the “Total Commitment”). The Revolving Credit Loans shall be made pro rata in accordance with each BankLender’s Commitment Percentage. Each request for a Credit Loan hereunder shall constitute a representation and warranty by the Borrowers Borrower that the conditions set forth in §9 Section 11 and §10Section 12, as in the case may beof the initial Credit Loans to be made on the Closing Date, and Section 12, in the case of all Credit Loans, have been satisfied on the date of such request.

Appears in 1 contract

Sources: Credit Agreement (SeaCube Container Leasing Ltd.)

Commitment to Lend. Subject to the terms and conditions set forth in this Credit Agreement, each of the Banks severally agrees to lend to the Borrowers and the Borrowers may borrow, repay, and reborrow from time to time from the Closing Date up to but not including the Revolving Credit Maturity Date upon notice by the Borrowers to the Administrative Agent given in accordance with §2.6, such sums as are requested by the Borrowers up to a maximum aggregate amount outstanding (after giving effect to all amounts requested) at any one time equal to such Bank’s Commitment minus such 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, Swing Line Loans, unpaid Reimbursement Obligations and the Maximum Drawing Amount (after giving effect to all amounts requested) shall not exceed a maximum aggregate amount outstanding of $175,000,000 200,000,000 at any time, as such amount may be reduced or increased pursuant to §2.2 hereof (the “Total Commitment”). The Revolving Credit Loans shall be made pro rata in accordance with each Bank’s Commitment Percentage. Each request for a Loan hereunder shall constitute a representation and warranty by the Borrowers that the conditions set forth in §9 and §10, as the case may be, have been satisfied on the date of such request.

Appears in 1 contract

Sources: Revolving Credit Agreement (Waste Industries Usa Inc)

Commitment to Lend. Subject to the terms and conditions set forth in this Credit Agreement, each of the Banks severally agrees to lend to the Borrowers Borrower and the Borrowers 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 Borrowers Borrower to the Administrative Agent given in accordance with §Section 2.6, such sums as are requested by the Borrowers Borrower up to a maximum aggregate amount outstanding (after giving effect to all amounts requested) at any one time equal to such Bank’s 's Commitment minus such Bank’s '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, Swing Line Loans, unpaid Reimbursement Obligations and the Maximum Drawing Amount Loans (after giving effect to all amounts requested) 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, as such amount may be reduced or increased pursuant to §2.2 hereof (time exceed the Total Commitment”). The Revolving Credit Loans shall be made pro rata in accordance with each Bank’s 's Commitment Percentage. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrowers Borrower that the conditions set forth in §9 Section 12 and §10Section 13, as in the case may beof the initial Revolving Credit Loans to be made on the Closing Date, and Section 13, in the case of all other Revolving Credit Loans, have been satisfied on the date of such request.

Appears in 1 contract

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

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

Appears in 1 contract

Sources: Revolving Credit Agreement (Timberland Co)

Commitment to Lend. Subject to the terms and conditions set forth in this Credit Agreement, each of the Banks Lenders severally agrees to lend to the Borrowers and the Borrowers may borrow, repay, and reborrow from time to time from the Closing Date up to but not including the Maturity Date upon notice by the Borrowers a Borrower to the Administrative Agent given in accordance with §2.6, such sums as are requested by the Borrowers up to a maximum aggregate amount outstanding (after giving effect to all amounts requested) at any one time equal to such BankLender’s Commitment minus such BankLender’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, Swing Line Loans, unpaid Reimbursement Obligations and the Maximum Drawing Amount Loans (after giving effect to all amounts requested) plus the sum of the outstanding amount of 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 the lesser of (a) the Total Commitment at such time and (b) the Borrowing Base at such time, as such amount may be reduced or increased pursuant to §2.2 hereof (the “Total Commitment”). The Revolving Credit Loans shall be made pro rata in accordance with each BankLender’s Commitment Percentage. Each request for a Loan hereunder shall constitute a representation and warranty by the Borrowers that the conditions set forth in §9 11 and §1012, as in the case may beof the initial Loans to be made on the Closing Date, and §12, in the case of all other Loans, have been satisfied on the date of such request.

Appears in 1 contract

Sources: Revolving Credit Agreement (Seneca Foods Corp /Ny/)

Commitment to Lend. Subject to the terms and conditions set forth in this Credit Agreement, each of the Banks Lenders severally agrees to lend to the Borrowers Borrower and the Borrowers Borrower may borrow, repay, and reborrow from time to time from the Closing Date up to but not including the Loan Maturity Date upon notice by the Borrowers Borrower to the Administrative Agent given in accordance with §2.6, such sums as are requested by the Borrowers Borrower up to a maximum aggregate amount outstanding (after giving effect to all amounts requested) at any one time equal to such BankLender’s Commitment minus such BankLender’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, Swing Line Loans, unpaid Reimbursement Obligations and the Maximum Drawing Amount Loans (after giving effect to all amounts requested) 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 the Total Commitment at such time, as such amount may be reduced or increased pursuant to §2.2 hereof (the “Total Commitment”). The Revolving Credit Loans shall be made pro rata in accordance with each BankLender’s Commitment Percentage. Each request for a Loan hereunder shall constitute a representation and warranty by the Borrowers Borrower that the conditions set forth in §9 11 and §1012, as in the case may beof the initial Loans to be made on the Closing Date, and §12, in the case of all other Loans, have been satisfied on the date of such request.

Appears in 1 contract

Sources: Senior Unsecured Revolving Credit Agreement (Barnes Group Inc)

Commitment to Lend. Subject to the terms and conditions set forth in this Credit Agreement, each of the Banks Revolving Credit Lenders severally agrees (i) on the Closing Date, to convert the revolving credit loans outstanding and owed under the Prior Credit Agreement into Revolving Credit Loans under this Credit Agreement and (ii) to lend to the Borrowers and the Borrowers may borrow, repay, and reborrow from time to time from the Closing Date up to but not including the Revolving Credit Maturity Date Date, upon notice by the Borrowers to the Administrative Agent given in accordance with §SECTION 2.6, such sums its Commitment Percentage of the Revolving Credit Loans as are requested by the Borrowers up to a maximum aggregate Parent on behalf of the Borrowers, PROVIDED THAT the outstanding amount outstanding of Revolving Credit Loans (after giving effect to all amounts requested) at any one time equal to such Bank’s Commitment minus such 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), Swing Line Loans, unpaid Reimbursement Obligations Obligations, and the Maximum Drawing Amount (after giving effect to all amounts requested) shall not exceed a maximum aggregate amount outstanding of $175,000,000 260,000,000 at any time, as such amount may be reduced or increased increased, as the case may be, pursuant to §SECTION 2.2 hereof (the "Total Commitment"). The Revolving Credit Loans shall be made pro rata PRO RATA in accordance with each Bank’s Revolving Credit Lender's Commitment Percentage. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrowers that the conditions set forth in §9 SECTION 10 and §10SECTION 11, as the case may be, have been satisfied on the date of such request.

Appears in 1 contract

Sources: Revolving Credit and Term Loan Agreement (Nationsrent Inc)

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

Appears in 1 contract

Sources: Revolving Credit Agreement (HMT Technology Corp)

Commitment to Lend. Subject to the terms and conditions set forth in this Credit Agreement, each of the Dollar Banks severally agrees to lend to the Borrowers Borrower and the Borrowers Borrower may borrow, repay, and reborrow from time to time from between the Closing Date up to but not including and the Maturity Date upon notice by the Borrowers Borrower to the Administrative Dollar Agent given in accordance with §2.6Section 8.3, such sums as are requested by the Borrowers Borrower up to a maximum aggregate amount outstanding (after giving effect to all amounts requested) at any one time equal to such Dollar Bank’s 's Commitment minus such Dollar Bank’s '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, Swing Line Loans, unpaid Reimbursement Obligations and the Maximum Drawing Amount Loans (after giving effect to all amounts requested) 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, as such amount may be reduced or increased pursuant to §2.2 hereof (time exceed the Total Revolver Commitment”). The Revolving Credit Loans shall be made pro rata in accordance with each Dollar Bank’s 's Commitment Percentage. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrowers Borrower that the conditions set forth in §9 Section 14 and §10Section 15, as in the case may beof the initial Revolving Credit Loans to be made on the Closing Date, and Section 15, in the case of all other Revolving Credit Loans, have been satisfied on the date of such request.

Appears in 1 contract

Sources: Revolving Credit, Term Loan and Gold Consignment Agreement (Marks Bros Jewelers Inc)

Commitment to Lend. Subject to the terms and conditions set forth in this Credit Agreement, each of the Banks severally agrees to lend to the Borrowers Borrower and the Borrowers 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 Borrowers Borrower to the Administrative Agent given in accordance with §2.6[Section]2.6, such sums as are requested by the Borrowers Borrower up to a maximum aggregate amount outstanding (after giving effect to all amounts requested) at any one time equal to such Bank’s 's Commitment minus MINUS such Bank’s '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, Swing Line Loans, unpaid Reimbursement Obligations and the Maximum Drawing Amount Loans (after giving effect to all amounts requested) 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, as such amount may be reduced or increased pursuant to §2.2 hereof (time exceed the Total Commitment”). The Revolving Credit Loans shall be made pro rata PRO RATA in accordance with each Bank’s 's Commitment Percentage. Each request for a Loan hereunder shall constitute a representation and warranty by the Borrowers Borrower that the conditions set forth in §9 [Section]11 and §10[Section]12, as in the case may beof the initial Loans to be made on the Closing Date, and [Section]12, in the case of all other Loans, have been satisfied on the date of such request.

Appears in 1 contract

Sources: Revolving Credit Agreement (Hadco Acquisition Corp)

Commitment to Lend. Subject to the terms and conditions set forth in this Credit Agreement, each of the Banks severally agrees to lend to the Borrowers any Borrower and the Borrowers any 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 Borrowers such Borrower to the Administrative Agent given in accordance with §2.6ss.2.6, such sums sums, in Dollars and/or at any Borrower's option from time to time, subject to ss.2.9 hereof, in an Optional Currency, as are requested by the Borrowers Borrower up to a maximum aggregate amount outstanding (after giving effect to all amounts requested) at any one time equal to such Bank’s 's Commitment minus such Bank’s 's Commitment Percentage of the sum of the Maximum Drawing Amount Amount, all Unpaid Reimbursement Obligations and all unpaid Reimbursement Obligationsthe Maximum Overdraft Amount, provided that the sum of the outstanding amount of the Revolving Credit Loans, Swing Line Loans, unpaid Reimbursement Obligations and the Maximum Drawing Amount Loans (after giving effect to all amounts requested) plus the Maximum Overdraft Amount, 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, as such amount may be reduced or increased pursuant to §2.2 hereof time exceed the lesser of (a) the Total Commitment”Commitment and (b). The Revolving Credit Loans shall be made pro rata in accordance with each Bank’s Commitment Percentage. Each request for a Loan hereunder shall constitute a representation and warranty by the Borrowers that the conditions set forth in §9 and §10, as the case may be, have been satisfied on the date of such request.

Appears in 1 contract

Sources: Revolving Credit Agreement (Genrad Inc)

Commitment to Lend. Subject to the terms and conditions set forth in this Credit Agreement, each of the Banks severally agrees to lend to the Borrowers and the Borrowers may borrow, repay, and reborrow from time to time from between the Closing Date up to but not including and the Maturity Date Date, upon notice by the Borrowers to the Administrative Agent given in accordance with §2.62.4, such Bank's Commitment Percentage of sums as are requested by the Borrowers up to a maximum aggregate amount outstanding (after giving effect to all amounts requested) at any one time equal to such Bank’s Commitment minus such Bank’s Commitment Percentage of the sum of the Maximum Drawing Amount and all unpaid Reimbursement Obligations, provided that the sum of the outstanding principal amount of the Revolving Credit Loans, Swing Line Loans, unpaid Reimbursement Obligations and Loans (giving effect to the requested Loan) plus the Maximum Drawing Amount (after giving effect to all amounts requested) shall not exceed a maximum aggregate amount outstanding of $175,000,000 at any time150,000,000, as such amount may be reduced or increased pursuant to §2.2 hereof (the "Total Commitment"). The Revolving Credit Loans shall be made pro rata in accordance with each Bank’s Commitment Percentage. Each request for a Loan or Letter of Credit hereunder shall constitute a representation and warranty by the Borrowers that the conditions set forth in §9 and §10, as the case may be, have been satisfied on the date of such request.. Any unpaid Reimbursement Obligation with respect to any Letter of Credit shall be a Base Rate Loan hereunder. Reduction of Revolving Credit Commitment; Increase of Revolving Credit Commitment

Appears in 1 contract

Sources: Revolving Credit Agreement (Eastern Environmental Services Inc)

Commitment to Lend. Subject to the terms and conditions set forth in this Credit Agreement, each of the Banks severally (and not jointly) agrees to lend to the Borrowers Borrower and the Borrowers 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 Borrowers Borrower to the Administrative Agent given in accordance with §Section 2.6, such sums as are requested by the Borrowers Borrower up to a maximum aggregate amount outstanding (after giving effect to all amounts requested) at any one time equal to such Bank’s 's Commitment minus such Bank’s '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, Swing Line Loans, unpaid Reimbursement Obligations and the Maximum Drawing Amount Loans (after giving effect to all amounts requested) 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, as such amount may be reduced or increased pursuant to §2.2 hereof (time exceed the “Total Commitment”)Availability. The Revolving Credit Loans shall be made pro rata in accordance with each Bank’s 's Commitment Percentage. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrowers Borrower that the conditions set forth in §9 Section 11 and §10Section 12, as in the case may beof the initial Revolving Credit Loans, 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

Sources: Revolving Credit Agreement (Rti Capital Corp)

Commitment to Lend. Subject to the terms and conditions set forth in this Credit Agreement, each of the Banks severally agrees to lend to the Borrowers Borrower and the Borrowers 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 Borrowers Borrower to the Administrative Agent given in accordance with §2.6ss.2.6, such sums as are requested by the Borrowers Borrower up to a maximum aggregate amount outstanding (after giving effect to all amounts requested) at any one time equal to such Bank’s 's Commitment minus such Bank’s '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, Swing Line Loans, unpaid Reimbursement Obligations and the Maximum Drawing Amount Loans (after giving effect to all amounts requested) 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, as such amount may be reduced or increased pursuant to §2.2 hereof (time exceed the Total Commitment”). The Revolving Credit Loans shall be made pro rata in accordance with each Bank’s 's Commitment Percentage. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrowers Borrower that the conditions set forth in §9 ss.11 and §10ss.12, as in the case may beof the initial Revolving Credit Loans to be made on the Closing Date, and ss.12, in the case of all other Revolving Credit Loans, have been satisfied on the date of such request.

Appears in 1 contract

Sources: Revolving Credit Agreement (Ionics Inc)

Commitment to Lend. Subject to the terms and conditions set forth in this Credit Agreement, each of the Banks Lenders severally agrees to lend to the Borrowers Borrower and the Borrowers Borrower may borrow, repay, and reborrow from time to time from the Closing Date up to but not including the Maturity Date upon notice by the Borrowers Borrower to the Administrative Agent given in accordance with §2.6, such sums as are requested by the Borrowers Borrower up to a maximum aggregate amount outstanding (after giving effect to all amounts requested) at any one time equal to such Bank’s Lenders Commitment minus such Bank’s Lenders Commitment Percentage of the sum of (a) the Maximum Drawing Amount and all unpaid Unpaid Reimbursement Obligations, Obligations and (b) the outstanding Swing Line Loans; provided that the sum of the outstanding amount of the Revolving Credit Loans, Swing Line Loans, unpaid Reimbursement Obligations and the Maximum Drawing Amount Exposure (after giving effect to all amounts requested) shall not exceed a maximum aggregate amount outstanding of $175,000,000 at any time, as such amount may be reduced or increased pursuant to §2.2 hereof (time exceed the “Total Commitment”)Gross Availability. The Revolving Credit Loans shall be made pro rata in accordance with each Bank’s Lenders Commitment Percentage. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrowers Borrower that the conditions set forth in §9 10 and §1011, as in the case may beof the initial Revolving Credit Loans to be made on the Closing Date, and 11, in the case of all other Revolving Credit Loans, have been satisfied on the date of such request.

Appears in 1 contract

Sources: Revolving Credit Agreement (Jumpking Inc)

Commitment to Lend. Subject to the terms and conditions set forth in this Credit Agreement, each of the Banks severally agrees to lend to the Borrowers and the 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 Borrowers to the Administrative Agent given in accordance with §Section 2.6, such sums as are requested by the Borrowers up to a maximum aggregate amount outstanding (after giving effect to all amounts requested) at any one time equal to such Bank’s 's Commitment minus MINUS such Bank’s '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, Swing Line Loans, unpaid Reimbursement Obligations and the Maximum Drawing Amount Loans (after giving effect to all amounts requested) 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, as such amount may be reduced or increased pursuant to §2.2 hereof (time exceed the Total Commitment”). The Revolving Credit Loans shall be made pro rata PRO RATA in accordance with each Bank’s 's Commitment Percentage. Each request for a Loan hereunder shall constitute a representation and warranty by the Borrowers that the conditions set forth in §9 Section 11 and §10Section 12, as in the case may beof the initial Loans to be made on the Closing Date, and Section 12, in the case of all other Loans, have been satisfied on the date of such request.

Appears in 1 contract

Sources: Revolving Credit Agreement (American Restaurant Group Inc)

Commitment to Lend. Subject to the terms and conditions set forth in this Credit Agreement, each of the Banks severally agrees to lend to the Borrowers Borrower and the Borrowers Borrower may borrow, repay, and reborrow from time to time from between the Closing Date up to but not including and the Maturity Date upon notice by the Borrowers Borrower to the Administrative Agent given in accordance with §2.6, such sums as are requested by the Borrowers Borrower up to a maximum aggregate principal amount outstanding (after giving effect to all amounts requested) at any one time equal not to exceed such Bank’s 's Commitment minus such Bank’s Commitment Percentage of the sum of (i) the Maximum Drawing Amount aggregate principal amount of such Bank's outstanding Revolving Credit Loans and all unpaid Reimbursement Obligations(ii) the amount by which the Competitive Loans outstanding at such time shall be deemed to have used such Commitment pursuant to 2.9 hereof, provided that the sum of the outstanding amount of the Revolving Credit Loans, Swing Line Loans, unpaid Reimbursement Obligations and the Maximum Drawing Amount Loans (after giving effect to all amounts requested) plus the outstanding amount of the Competitive Loans shall not exceed a maximum aggregate amount outstanding of $175,000,000 at any time, as such amount may be reduced or increased pursuant to §2.2 hereof (time exceed the Total Commitment”). The Revolving Credit Loans shall be made pro rata in accordance with each Bank’s 's Commitment Percentage. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrowers Borrower that the conditions set forth in §9 10 and §1011.1, as in the case may beof any Loans made on or prior to the Closing Date, and 11.1, in the case of all other Loans, have been satisfied on the date of such request.

Appears in 1 contract

Sources: Revolving Credit Agreement (Watts Industries Inc)

Commitment to Lend. Subject to the terms and conditions set forth in this Credit Agreement, each of the Banks Lenders severally agrees to lend to the Borrowers Borrower and the Borrowers 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 Borrowers Borrower to the Administrative Agent given in accordance with §2.6(S)2.6, such sums as are requested by the Borrowers Borrower up to a maximum aggregate amount outstanding (after giving effect to all amounts requested) at any one time equal to such Bank’s Lender's Commitment minus such Bank’s Lender'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, Swing Line Loans, unpaid Reimbursement Obligations and the Maximum Drawing Amount Loans (after giving effect to all amounts requested) 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 the Total Commitment at such time, as such amount may be reduced or increased pursuant to §2.2 hereof (the “Total Commitment”). The Revolving Credit Loans shall be made pro rata in accordance with each Bank’s Commitment Percentage. Each request for a Loan hereunder shall constitute a representation and warranty by the Borrowers that the conditions set forth in §9 and §10, as the case may be, have been satisfied on the date of such request.Lender's

Appears in 1 contract

Sources: Revolving Credit Agreement (Lifeline Systems Inc)

Commitment to Lend. Subject to the terms and conditions set forth in this Credit Agreement, each of the Banks severally agrees to lend to the Borrowers and the Borrowers may borrow, repay, and reborrow from time to time from between the Closing Date up to but not including and the Maturity Date upon notice by the Borrowers to the Administrative Agent given in accordance with §2.6Section 2.6 hereof, such sums as are requested by the Borrowers up to a maximum aggregate amount outstanding (after giving effect to all amounts requested) at any one time equal to such Bank’s 's Commitment Amount minus such Bank’s '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, Swing Line Loans, unpaid Reimbursement Obligations and the Maximum Drawing Amount Loans (after giving effect to all amounts requested) 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, as such amount may be reduced or increased pursuant to §2.2 hereof (time exceed the “Total Commitment”)Maximum Availability. The Revolving Credit Loans shall be made pro rata in accordance with each Bank’s 's Commitment Percentage. Each request for a Loan hereunder shall constitute a representation and warranty by the Borrowers that the conditions set forth in §9 Section Section 11 and §1012 hereof, as in the case may beof the initial Loans to be made on the Closing Date, and Section 12 hereof, in the case of all other 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

Sources: Revolving Credit Agreement (Terex Corp)

Commitment to Lend. Subject to the terms and conditions set forth in this Credit Agreement, each of the Banks severally agrees to lend to the Borrowers and the Borrowers may borrow, repay, and reborrow from time to time from the Closing Date up to but not including the Maturity Date upon notice by the Borrowers to the Administrative Agent given in accordance with §2.6ss.2.6, such sums as are requested by the Borrowers up to a maximum aggregate amount outstanding (after giving effect to all amounts requested) at any one time equal to such Bank’s 's Commitment minus MINUS such Bank’s '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, Swing Line Loans, unpaid Reimbursement Obligations and the Maximum Drawing Amount (after giving effect to all amounts requested) shall not exceed a maximum aggregate amount outstanding of $175,000,000 200,000,000 at any time, as such amount may be reduced or increased pursuant to §2.2 ss.2.2 hereof (the "Total Commitment"). The Revolving Credit Loans shall be made pro rata PRO RATA in accordance with each Bank’s 's Commitment Percentage. Each request for a Loan hereunder shall constitute a representation and warranty by the Borrowers that the conditions set forth in §9 ss.9 and §10ss.10, as the case may be, have been satisfied on the date of such request.

Appears in 1 contract

Sources: Revolving Credit Agreement (Waste Industries Inc)

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

Appears in 1 contract

Sources: Revolving Credit Agreement (Blue Steel Capital Corp)

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

Appears in 1 contract

Sources: Senior Unsecured Revolving Credit Agreement (Barnes Group Inc)

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

Appears in 1 contract

Sources: Revolving Credit Agreement (Century Aluminum Co)

Commitment to Lend. Subject to the terms and conditions set forth in this Credit Agreement, each of the Banks severally agrees to lend to the Borrowers Borrower and the Borrowers 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 Borrowers Borrower to the Administrative Agent given in accordance with §Section 2.6, such sums as are requested by the Borrowers Borrower up to a maximum aggregate amount outstanding (after giving effect to all amounts requested) at any one time equal to such Bank’s 's Commitment minus such Bank’s '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, Swing Line Loans, unpaid Reimbursement Obligations and the Maximum Drawing Amount Loans (after giving effect to all amounts requested) 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, as such amount may be reduced or increased pursuant to §2.2 hereof (time exceed the Total Commitment”). The Revolving Credit Loans shall be made pro rata in accordance with each Bank’s 's Commitment Percentage. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrowers Borrower that the conditions set forth in §9 Section 12 and §10Section 13, as in the case may beof the initial Revolving Credit Loans to be made on the Closing Date, and Section 13, in the case of all other Revolving Credit Loans, have been satisfied on the date of such request.

Appears in 1 contract

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