Commitments, Applicable Percentages and Sublimits Sample Clauses

Commitments, Applicable Percentages and Sublimits. Term A-1 Hedged Portion and Term A-2 Hedged Portion
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Commitments, Applicable Percentages and Sublimits. Lender Revolving Credit Commitment Applicable Percentage (Revolving Credit Facility) Term Commitment Applicable Percentage (Term Facility) Letter of Credit Sublimit Swing Line Sublimit Bank of America, N.A. $64,500,000 25.800000000% $98,000,000.00 28.000000000% $20,000,000.00 $15,000,000.00 PNC Bank, National Association $55,000,000 22.000000000% $87,500,000.00 25.000000000% $20,000,000.00 $0.00 Wxxxx Fargo Bank, National Association $55,000,000 22.000000000% $87,500,000.00 25.000000000% $20,000,000.00 $0.00 TD Bank, N.A. $35,500,000 14.200000000% $42,000,000.00 12.000000000% $0.00 $0.00 SunTrust Bank $40,000,000 16.000000000% $35,000,000.00 10.000000000% $0.00 $0.00 Total $250,000,000.00 100.000000000% $350,000,000.00 100.000000000% $60,000,000.00 $15,000,000.00
Sample 1
Commitments, Applicable Percentages and Sublimits. Lender Revolving Credit Commitment Applicable Percentage (Revolving Credit Facility) Term Commitment Applicable Percentage(Term Facility) Letter of Credit Sublimit Swing Line Sublimit Bank of America, N.A. $54,166,666.67 21.666666668% $10,833,333.33 21.666666668% $5,000,000.00 $10,000,000.00 JPMorgan Chase Bank, N.A. $45,833,333.33 18.333333333% $9,166,666.67 18.333333333% $5,000,000.00 $0.00 KeyBank National Association $45,833,333.33 18.333333333% $9,166,666.67 18.000000000% $0.00 $0.00 Royal Bank of Canada $45,833,333.33 18.000000000% $9,166,666.67 18.000000000% $0.00 $0.00 TD Bank, N.A. $33,333,333.33 13.333333333% $6,666,666.67 13.333333333% $0.00 $0.00 Capital One, National Association $25,000,000.00 10.000000000% $5,000,000.00 10.000000000% $0.00 $0.00 Total $250,000,000.00 100.000000000% $50,000,000.00 100.000000000% $10,000,000.00 $10,000,000.00 Schedule 5.13 - Subsidiaries; Jurisdiction of Incorporation/Organization Part (a) - All Subsidiaries Name State of Incorporation Principal Address Getty Properties Corp. Xxxxxxxx Xxx Xxxxxxx Xxxxx Xxxxx 000 Xxxxxxx, XX 00000 Getty TM Corp. Xxxxxxxx Xxx Xxxxxxx Xxxxx Xxxxx 000 Xxxxxxx, XX 00000 AOC Transport, Inc. Xxxxxxxx Xxx Xxxxxxx Xxxxx Xxxxx 000 Xxxxxxx, XX 00000 GettyMart Inc. Xxxxxxxx Xxx Xxxxxxx Xxxxx Xxxxx 000 Xxxxxxx, XX 00000 Leemilt’s Petroleum, Inc. New York Two Xxxxxxx Xxxxx Xxxxx 000 Xxxxxxx, XX 00000 Xxxxxxxx Group Inc. New Jersey Two Xxxxxxx Xxxxx Xxxxx 000 Xxxxxxx, XX 00000 Getty HI Indemnity, Inc. Xxx Xxxx Xxx Xxxxxxx Xxxxx Xxxxx 000 Xxxxxxx, XX 00000 Getty Leasing, Inc. Xxxxxxxx Xxx Xxxxxxx Xxxxx Xxxxx 000 Xxxxxxx, XX 00000 GTY MD Leasing, Inc. Xxxxxxxx Xxx Xxxxxxx Xxxxx Xxxxx 000 Xxxxxxx, XX 00000 GTY NY Leasing, Inc. Xxxxxxxx Xxx Xxxxxxx Xxxxx Xxxxx 000 Xxxxxxx, XX 00000 GTY MA/NH Leasing, Inc. Xxxxxxxx Xxx Xxxxxxx Xxxxx Xxxxx 000 Xxxxxxx, XX 00000 GTY-CPG (VA/DC) Leasing, Inc. Xxxxxxxx Xxx Xxxxxxx Xxxxx Xxxxx 000 Xxxxxxx, XX 00000 GTY-CPG (QNS/BX) Leasing, Inc. Xxxxxxxx Xxx Xxxxxxx Xxxxx Xxxxx 000 Xxxxxxx, XX 00000 Schedule 11.02 - 1 GTY-Pacific Leasing, LLC Xxxxxxxx Xxx Xxxxxxx Xxxxx Xxxxx 000 Xxxxxxx, XX 00000 Power Test Realty Company Limited Partnership New York Two Xxxxxxx Xxxxx Xxxxx 000 Xxxxxxx, XX 00000 Getty Realty Corp. REIT Qualification Trust Xxxxxxxx Xxx Xxxxxxx Xxxxx Xxxxx 000 Xxxxxxx, XX 00000 GTY-EPP Leasing LLC Xxxxxxxx Xxx Xxxxxxx Xxxxx Xxxxx 000 Xxxxxxx, XX 00000 GTY-SC Leasing LLC Xxxxxxxx Xxx Xxxxxxx Xxxxx Xxxxx 000 Xxxxxxx, XX 00000 GTY-GPM/EZ Leasing LLC Xxxxxxx...
Sample 1
Commitments, Applicable Percentages and Sublimits. Lender Revolving Credit Commitment Applicable Percentage (Revolving Credit Facility) Letter of Credit Sublimit Swing Line Sublimit Bank of America, N.A. $65,000,000.00 21.666666668% $5,000,000.00 $10,000,000.00 JPMorgan Chase Bank, N.A. $55,000,000.00 18.333333333% $5,000,000.00 $0.00 KeyBank National Association $55,000,000.00 18.000000000% $0.00 $0.00 Royal Bank of Canada $55,000,000.00 18.000000000% $0.00 $0.00 TD Bank, N.A. $40,000,000.00 13.333333333% $0.00 $0.00 Capital One, National Association $30,000,000.00 10.000000000% $0.00 $0.00 Total $300,000,000.00 100.000000000% $10,000,000.00 $10,000,000.00 ANNEX II TO CONSENT AND SECOND AMENDMENT (see attached) Published CUSIP Number: 00000XXX0 AMENDED AND RESTATED CREDIT AGREEMENT Dated as of March 23, 2018 among GETTY REALTY CORP., as the Borrower, CERTAIN SUBSIDIARIES OF GETTY REALTY CORP. FROM TIME TO TIME PARTY HERETO, as Guarantors, BANK OF AMERICA, N.A., as Administrative Agent and as Swing Line Lender, JPMORGAN CHASE BANK, N.A., KEYBANK NATIONAL ASSOCIATION, and ROYAL BANK OF CANADA, as Syndication Agents, TD BANK, N.A., as Documentation Agent and The Other Lenders and L/C Issuers Party Hereto XXXXXXX LYNCH, PIERCE, XXXXXX & XXXXX INCORPORATEDBOFA SECURITIES, INC., JPMORGAN CHASE BANK, N.A., KEYBANC CAPITAL MARKETS, RBC CAPITAL MARKETS, as Joint Lead Arrangers and Joint Bookrunners 145958097 TABLE OF CONTENTS Section Page Article I. DEFINITIONS AND ACCOUNTING TERMS 1 1.01 Defined Terms 1 1.02 Other Interpretive Provisions 47 1.03 Accounting Terms 48 1.04 Rounding 4849
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Related to Commitments, Applicable Percentages and Sublimits

  • Commitments and Applicable Percentages 5.01 Loan Parties Organizational Information 5.08(b)(1) Owned Real Estate 5.08(b)(2) Leased Real Estate 5.10 Insurance 5.13 Subsidiaries; Other Equity Investments

  • Availability of Lender's Pro Rata Share Agent may assume that each Revolving Lender will make its Pro Rata Share of each Revolving Credit Advance available to Agent on each funding date. If such Pro Rata Share is not, in fact, paid to Agent by such Revolving Lender when due, Agent will be entitled to recover such amount on demand from such Revolving Lender without setoff, counterclaim or deduction of any kind. If any Revolving Lender fails to pay the amount of its Pro Rata Share forthwith upon Agent’s demand, Agent shall promptly notify Borrower Representative and Borrowers shall immediately repay such amount to Agent. Nothing in this Section 9.9(b) or elsewhere in this Agreement or the other Loan Documents shall be deemed to require Agent to advance funds on behalf of any Revolving Lender or to relieve any Revolving Lender from its obligation to fulfill its Commitments hereunder or to prejudice any rights that Borrowers may have against any Revolving Lender as a result of any default by such Revolving Lender hereunder. To the extent that Agent advances funds to any Borrower on behalf of any Revolving Lender and is not reimbursed therefor on the same Business Day as such Advance is made, Agent shall be entitled to retain for its account all interest accrued on such Advance until reimbursed by the applicable Revolving Lender.

  • Reallocation of Applicable Revolving Percentages to Reduce Fronting Exposure All or any part of such Defaulting Lender’s participation in L/C Obligations and Swingline Loans shall be reallocated among the Non-Defaulting Lenders in accordance with their respective Applicable Revolving Percentages (calculated without regard to such Defaulting Lender’s Commitment) but only to the extent that such reallocation does not cause the aggregate Revolving Exposure of any Non-Defaulting Lender to exceed such Non-Defaulting Lender’s Revolving Commitment. Subject to Section 11.20, no reallocation hereunder shall constitute a waiver or release of any claim of any party hereunder against a Defaulting Lender arising from that Lender having become a Defaulting Lender, including any claim of a Non-Defaulting Lender as a result of such Non-Defaulting Lender’s increased exposure following such reallocation.

  • Reduction of Revolving Credit Commitment The Borrower shall have the right at any time after the Closing Date upon five (5) days’ prior written notice to the Administrative Agent to permanently reduce (ratably among the Lenders in proportion to their Ratable Shares) the Revolving Credit Commitments, in a minimum amount of $5,000,000 and whole multiples of $1,000,000, or to terminate completely the Revolving Credit Commitments, without penalty or premium except as hereinafter set forth; provided that any such reduction or termination shall be accompanied by prepayment of the Notes, together with outstanding Commitment Fees, and the full amount of interest accrued on the principal sum to be prepaid (and all amounts referred to in Section 5.10 [Indemnity] hereof) to the extent necessary to cause the aggregate Revolving Facility Usage after giving effect to such prepayments to be equal to or less than the Revolving Credit Commitments as so reduced or terminated. Any notice to reduce the Revolving Credit Commitments under this Section 2.11 shall be irrevocable.

  • Reallocation of Applicable Percentages to Reduce Fronting Exposure During any period in which there is a Defaulting Lender, for purposes of computing the amount of the obligation of each non-Defaulting Lender to acquire, refinance or fund participations in Letters of Credit or Swing Line Loans pursuant to Sections 2.03 and 2.04, the “Applicable Percentage” of each non-Defaulting Lender shall be computed without giving effect to the Commitment of that Defaulting Lender; provided, that, (i) each such reallocation shall be given effect only if, at the date the applicable Lender becomes a Defaulting Lender, no Default or Event of Default exists; and (ii) the aggregate obligation of each non-Defaulting Lender to acquire, refinance or fund participations in Letters of Credit and Swing Line Loans shall not exceed the positive difference, if any, of (1) the Commitment of that non-Defaulting Lender minus (2) the aggregate Outstanding Amount of the Committed Loans of that Lender.

  • Reallocation of Revolving Credit Exposure Upon any Incremental Facility Closing Date on which Incremental Revolving Credit Commitments are effected through an increase in the Revolving Credit Commitments pursuant to this Section 2.14, (a) if the increase relates to the Revolving Credit Facility, each of the Revolving Credit Lenders shall assign to each of the Incremental Revolving Credit Lenders, and each of the Incremental Revolving Credit Lenders shall purchase from each of the Revolving Credit Lenders, at the principal amount thereof, such interests in the Incremental Revolving Credit Loans outstanding on such Incremental Facility Closing Date as shall be necessary in order that, after giving effect to all such assignments and purchases, such Revolving Credit Loans will be held by existing Revolving Credit Lenders and Incremental Revolving Credit Lenders ratably in accordance with their Revolving Credit Commitments after giving effect to the addition of such Incremental Revolving Credit Commitments to the Revolving Credit Commitments, (b) each Incremental Revolving Credit Commitment shall be deemed for all purposes a Revolving Credit Commitment and each Loan made thereunder shall be deemed, for all purposes, a Revolving Credit Loan and (c) each Incremental Revolving Credit Lender shall become a Lender with respect to the Incremental Revolving Credit Commitments and all matters relating thereto. The Administrative Agent and the Lenders hereby agree that the minimum borrowing and prepayment requirements in Sections 2.02 and 2.05(a) of this Agreement shall not apply to the transactions effected pursuant to the immediately preceding sentence.

  • Provisions Related to Extended Revolving Credit Commitments If the maturity date in respect of any tranche of Revolving Credit Commitments occurs prior to the expiration of any Letter of Credit, then (i) if one or more other tranches of Revolving Credit Commitments in respect of which the maturity date shall not have occurred are then in effect, such Letters of Credit shall automatically be deemed to have been issued (including for purposes of the obligations of the Revolving Credit Lenders to purchase participations therein and to make Revolving Credit Loans and payments in respect thereof pursuant to Section 2.03(d)) under (and ratably participated in by Lenders pursuant to) the Revolving Credit Commitments in respect of such non-terminating tranches up to an aggregate amount not to exceed the aggregate principal amount of the unutilized Revolving Credit Commitments thereunder at such time (it being understood that no partial face amount of any Letter of Credit may be so reallocated) and (ii) to the extent not reallocated pursuant to immediately preceding clause (i), the Borrower shall Cash Collateralize any such Letter of Credit in accordance with Section 2.17. If, for any reason, such Cash Collateral is not provided or the reallocation does not occur, the Revolving Credit Lenders under the maturing tranche shall continue to be responsible for their participating interests in the Letters of Credit. Except to the extent of reallocations of participations pursuant to clause (i) of the second preceding sentence, the occurrence of a maturity date with respect to a given tranche of Revolving Credit Commitments shall have no effect upon (and shall not diminish) the percentage participations of the Revolving Credit Lenders in any Letter of Credit issued before such maturity date. Commencing with the maturity date of any tranche of Revolving Credit Commitments, the sublimit for Letters of Credit shall be agreed with the Lenders under the extended tranches.

  • Swing Line Commitments (a) Subject to the terms and conditions hereof, the Swing Line Lender agrees to make swing line loans (individually, a “Swing Line Loan”; collectively, the “Swing Line Loans”) to the Company in Dollars under the Aggregate Commitment from time to time during the Commitment Period in an aggregate principal amount at any one time outstanding not to exceed $30,000,000; provided, however, that at no time (after giving effect to the making of such Swing Line Loan and the use of the proceeds thereof) may the Aggregate Outstanding Multi-Currency Extensions of Credit exceed the Maximum Availability. Amounts borrowed by the Company under this Section 4.1 may be repaid and, up to but excluding the last day of the Commitment Period, reborrowed. All Swing Line Loans shall be made as Alternate Base Rate Loans and shall not be entitled to be converted into Eurodollar Loans. The Company shall give the Swing Line Lender irrevocable notice, which notice shall be in substantially the form of Exhibit H-3 (a “Swing Line Loan Request”), and which notice must be received by the Swing Line Lender prior to 1:00 P.M., New York City time on the requested borrowing date, specifying the amount of each requested Swing Line Loan. The Swing Line Lender shall not make any Swing Line Loan in the period commencing on the first Business Day after it receives written notice from the Administrative Agent or any Multi-Currency Lender that one or more of the conditions precedent contained in Section 9.2 shall not on such date be satisfied and ending when such conditions are satisfied. The Swing Line Lender shall not otherwise be required to determine that, or take notice whether, the conditions precedent set forth in Section 9.2 have been satisfied in connection with the making of any Swing Line Loan. The proceeds of each Swing Line Loan will be made available by the Swing Line Lender to the Company by crediting the account of the Company designated to the Swing Line Lender with such proceeds.

  • Unused Revolving Line Facility Fee A fee (the “Unused Revolving Line Facility Fee”), payable quarterly, in arrears, on a calendar year basis, in an amount equal to one quarter of one percent (0.25%) per annum of the average unused portion of the Revolving Line, as determined by Bank. Borrower shall not be entitled to any credit, rebate or repayment of any Unused Revolving Line Facility Fee previously earned by Bank pursuant to this Section notwithstanding any termination of the Agreement or the suspension or termination of Bank’s obligation to make loans and advances hereunder; and

  • Revolving Committed Amount If at any time after the Closing Date, the sum of the aggregate principal amount of outstanding Revolving Loans plus outstanding Swingline Loans plus outstanding LOC Obligations shall exceed the Revolving Committed Amount, the Borrower shall immediately prepay the Revolving Loans and Swingline Loans and (after all Revolving Loans and Swingline Loans have been repaid) Cash Collateralize the LOC Obligations in an amount sufficient to eliminate such excess (such prepayment to be applied as set forth in clause (vii) below).

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