Common use of Commitments and Loans Clause in Contracts

Commitments and Loans. Subject to the terms and conditions hereof, each Lender severally agrees to make from time to time on any Borrowing Date a Loan to the Borrower; provided that (A) there shall be no more than two Borrowing Dates (excluding any Additional Loans), (B) the aggregate principal amount of each Lender’s Loans (excluding any Additional Loans) shall not exceed such Lender’s Commitment and (C) the aggregate principal amount of all Loans (excluding any Additional Loans) outstanding shall not exceed the Maximum Loan Amount. Any amounts borrowed and repaid or prepaid may not be reborrowed. If at any time after the Closing Date any demand, any claim or any request for any payment is made under or in respect of any Payment Guaranty and such demand, claim or request shall not have been satisfied in full within five Business Days after such demand, claim or request is made, the Lenders shall have the right (in their sole discretion and in accordance with their Aggregate Exposure Percentage) to elect to cause the Borrower to borrow additional Loans hereunder (any such additional Loans, the “Additional Loans”), the proceeds of which shall be used by the Borrower (together with any other available funds) within one Business Day following receipt of such proceeds to satisfy in full such demand, claim or request. Except as otherwise expressly set forth in this Agreement, the terms of the Additional Loans shall be identical in all respects to all other Loans made hereunder.

Commitments and Loans. (a) Subject to and upon the terms and conditions hereofherein set forth, each Initial Lender severally (and not jointly) agrees on the Closing Date to make from time to time on any Borrowing Date a Loan loan or loans denominated in Dollars (each an “Initial Loan”) to the Borrower in an amount equal to such Initial Lender’s Initial Commitment, which Initial Loans may, at the option of the Borrower, be incurred and maintained as, and/or converted into, ABR Loans or Eurodollar Loans in accordance with the provisions hereof; provided that all Initial Loans made by each of the Initial Lenders pursuant to the same Borrowing shall, unless otherwise specifically provided herein, consist entirely of Initial Loans of the same Type. Amounts paid or prepaid in respect of Initial Loans may not be reborrowed. (b) Each Lender may at its option make any Eurodollar Loan by causing any domestic or foreign branch or Affiliate of such Lender to make such Loan; provided that (A) there any exercise of such option shall be no more than two Borrowing Dates not affect (excluding any Additional Loans)1) the obligation of the Borrower to repay such Loan or (2) the obligations, duties and rights of such Lender hereunder and (B) in exercising such option and without limiting the aggregate principal amount rights of each Lender’s Loans (excluding any Additional Loans) shall not exceed such Lender’s Commitment the Borrower under Section 2.10 and (C) the aggregate principal amount of all Loans (excluding any Additional Loans) outstanding shall not exceed the Maximum Loan Amount. Any amounts borrowed and repaid or prepaid may not be reborrowed. If at any time after the Closing Date any demand, any claim or any request for any payment is made under or 5.4 in respect of any Payment Guaranty and increased costs to it, such demand, claim or request Lender shall use its reasonable efforts to minimize any increased costs to the Borrower resulting therefrom (which obligation of the Lender shall not have been satisfied require it to take, or refrain from taking, actions that it determines would result in full within five Business Days after such demand, claim increased costs for which it will not be compensated hereunder or request is made, the Lenders shall have the right (in their sole discretion and in accordance with their Aggregate Exposure Percentage) that it determines would be otherwise disadvantageous to elect to cause the Borrower to borrow additional Loans hereunder (any such additional Loans, the “Additional Loans”it), the proceeds of which shall be used by the Borrower (together with any other available funds) within one Business Day following receipt of such proceeds to satisfy in full such demand, claim or request. Except as otherwise expressly set forth in this Agreement, the terms of the Additional Loans shall be identical in all respects to all other Loans made hereunder.

Commitments and Loans. Subject to the terms and conditions hereof, each Lender severally agrees to make from time to time on any Borrowing Date a Loan to the Borrower; provided that (A) there shall be no more than two three Borrowing Dates (excluding any Additional Loans), (B) the aggregate principal amount of each Lender’s Loans (excluding any Additional LoansLoans and PIK Amounts) shall not exceed such Lender’s Commitment and (C) the aggregate principal amount of all Loans (excluding any Additional LoansLoans and PIK Amounts) outstanding shall not exceed the Maximum Loan Amount. Any amounts borrowed and repaid or prepaid may not be reborrowed. If at any time after the Closing Date any demand, any claim or any request for any payment is made under or in respect of any Payment Guaranty and such demand, claim or request shall not have been satisfied in full within five Business Days after such demand, claim or request is made, the Lenders shall have the right (in their sole discretion and in accordance with their Aggregate Exposure Percentage) to elect to cause the Borrower to borrow additional Loans hereunder (any such additional Loans, the “Additional Loans”), the proceeds of which shall be used by the Borrower (together with any other available funds) within one Business Day following receipt of such proceeds to satisfy in full such demand, claim or request. Except as otherwise expressly set forth in this Agreement, the terms of the Additional Loans shall be identical in all respects to all other Loans made hereunder.

Commitments and Loans. Prior to the Effective Date, certain revolving loans were made to the Parent under the Existing Credit Agreement which remain outstanding as of the date of this Agreement (such outstanding revolving loans being hereinafter referred to as the “Existing Loans”). Subject to the terms and conditions hereof, each Lender severally agrees to make from time to time on any Borrowing Date a Loan to the Borrower; provided that (A) there shall be no more than two Borrowing Dates (excluding any Additional Loans), (B) the aggregate principal amount of each Lender’s Loans (excluding any Additional Loans) shall not exceed such Lender’s Commitment and (C) the aggregate principal amount of all Loans (excluding any Additional Loans) outstanding shall not exceed the Maximum Loan Amount. Any amounts borrowed and repaid or prepaid may not be reborrowed. If at any time after the Closing Date any demand, any claim or any request for any payment is made under or in respect of any Payment Guaranty and such demand, claim or request shall not have been satisfied in full within five Business Days after such demand, claim or request is made, the Lenders shall have the right (in their sole discretion and in accordance with their Aggregate Exposure Percentage) to elect to cause the Borrower to borrow additional Loans hereunder (any such additional Loans, the “Additional Loans”), the proceeds of which shall be used by the Borrower (together with any other available funds) within one Business Day following receipt of such proceeds to satisfy in full such demand, claim or request. Except as otherwise expressly set forth in this Agreement, the Parent and each of the Lenders agree that on the Effective Date but subject to the reallocation and other transactions described in Section 1.07, the Existing Loans shall be reevidenced as Revolving Loans under this Agreement and the terms of the Additional Existing Loans shall be identical restated in all respects their entirety and shall be evidenced by this Agreement. Subject to all other the terms and conditions set forth herein, each Lender (severally and not jointly) agrees to make Revolving Loans made hereunderto the Borrowers in Agreed Currencies from time to time during the Availability Period in an aggregate principal amount that will not result in (i) subject to Sections 2.04 and 2.11(b), the Dollar Amount of such Lender’s Revolving Credit Exposure exceeding such Lender’s Commitment, (ii) subject to Sections 2.04 and 2.11(b), the Dollar Amount of the Total Revolving Credit Exposure exceeding the Aggregate Commitment or (iii) subject to Sections 2.04 and 2.11(b), the Dollar Amount of the total outstanding Revolving Loans and LC Exposure, in each case denominated in Foreign Currencies, exceeding the Foreign Currency Sublimit. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrowers may borrow, prepay and reborrow Revolving Loans.

Commitments and Loans. Prior to the Effective Date, certain revolving loans were made to the Parent under the Existing Credit Agreement which remain outstanding as of the date of this Agreement (such outstanding revolving loans being hereinafter referred to as the “Existing Loans”). Subject to the terms and conditions hereof, each Lender severally agrees to make from time to time on any Borrowing Date a Loan to the Borrower; provided that (A) there shall be no more than two Borrowing Dates (excluding any Additional Loans), (B) the aggregate principal amount of each Lender’s Loans (excluding any Additional Loans) shall not exceed such Lender’s Commitment and (C) the aggregate principal amount of all Loans (excluding any Additional Loans) outstanding shall not exceed the Maximum Loan Amount. Any amounts borrowed and repaid or prepaid may not be reborrowed. If at any time after the Closing Date any demand, any claim or any request for any payment is made under or in respect of any Payment Guaranty and such demand, claim or request shall not have been satisfied in full within five Business Days after such demand, claim or request is made, the Lenders shall have the right (in their sole discretion and in accordance with their Aggregate Exposure Percentage) to elect to cause the Borrower to borrow additional Loans hereunder (any such additional Loans, the “Additional Loans”), the proceeds of which shall be used by the Borrower (together with any other available funds) within one Business Day following receipt of such proceeds to satisfy in full such demand, claim or request. Except as otherwise expressly set forth in this Agreement, the Parent and each of the Lenders agree that on the Effective Date but subject to the reallocation and other transactions described in Section 1.06, the Existing Loans shall be reevidenced as Revolving Loans under this Agreement and the terms of the Additional Existing Loans shall be identical restated in all respects their entirety and shall be evidenced by this Agreement. Subject to all other the terms and conditions set forth herein, each Lender (severally and not jointly) agrees to make Revolving Loans made hereunderto the Borrowers in Agreed Currencies from time to time during the Availability Period in an aggregate principal amount that will not result in (i) subject to Sections 2.04 and 2.11(b), the Dollar Amount of such Lender’s Revolving Credit Exposure exceeding such Lender’s Commitment, (ii) subject to Sections 2.04 and 2.11(b), the sum of the Dollar Amount of the total Revolving Credit Exposures exceeding the Aggregate Commitment or (iii) subject to Sections 2.04 and 2.11(b), the Dollar Amount of the total outstanding Revolving Loans and LC Exposure, in each case denominated in Foreign Currencies, exceeding the Foreign Currency Sublimit. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrowers may borrow, prepay and reborrow Revolving Loans.

Commitments and Loans. Subject to the terms and conditions hereofof this Agreement and in reliance upon the representations and warranties of Borrower set forth in this Agreement and in the Loan Documents, each Lender severally agrees to make Loans to Borrower and to issue Letters of Credit for the account of the Borrower from time to time on during the period from the Effective Date to but excluding the Termination Date, in an aggregate amount outstanding at any Borrowing Date a Loan to the Borrower; provided that (A) there shall be no more than two Borrowing Dates (excluding any Additional Loans), (B) time not exceeding its Pro Rata Share of the aggregate principal amount of the Commitments, to be used for the purposes identified in Section 5.12. The original amount of each Lender’s Loans (excluding Commitment is set forth opposite its name on Schedule “1” annexed hereto, and the aggregate original amount of the Commitments is $30,000,000.00; provided that the individual Commitment of each Lender shall be adjusted to give effect to any Additional Loans) assignments of the Commitments pursuant to subsection 9.1B; and provided, further that the amount of the Commitments shall not exceed such be reduced from time to time by the amount of any reductions thereto made pursuant to subsection 2.4A(ii). Each Lender’s Commitment shall expire on the Termination Date, and (C) the aggregate principal amount of all Loans (excluding any Additional Loans) outstanding and all other amounts owed hereunder with respect to the Loans and with respect to the Commitment of such Lender, shall not exceed be paid in full no later than the Maximum Loan AmountTermination Date. Any Subject to the provisions of Section 7, amounts borrowed under this subsection 2.1A may be repaid and repaid or prepaid may not re-borrowed to but excluding the Termination Date. Anything contained in this Agreement to the contrary notwithstanding, the Loans and the Commitments shall be reborrowed. If subject to the limitation that in no event shall the Principal Balance at any time after exceed the Closing Date any demand, any claim or any request for any payment is made under or total Commitments then in respect of any Payment Guaranty and such demand, claim or request shall not have been satisfied in full within five Business Days after such demand, claim or request is made, the Lenders shall have the right (in their sole discretion and in accordance with their Aggregate Exposure Percentage) to elect to cause the Borrower to borrow additional Loans hereunder (any such additional Loans, the “Additional Loans”), the proceeds of which shall be used by the Borrower (together with any other available funds) within one Business Day following receipt of such proceeds to satisfy in full such demand, claim or requesteffect. Except as otherwise expressly set forth in this Agreement, the terms of the Additional All Loans shall be identical denominated and funded in all respects to all other Loans made hereunderDollars.