Common use of Commitments Clause in Contracts

Commitments. (a) Subject to the terms and conditions set forth herein, each Revolving Lender severally (and not jointly) agrees to make Revolving Loans in Agreed Currencies to the Borrower from time to time during the Availability Period in an aggregate principal amount that will not result (after giving effect to any application of proceeds of such Borrowing pursuant to Section 2.10(a)) in (i) the Dollar Amount of such Lender’s Revolving Exposure exceeding such Lender’s Revolving Commitment, (ii) the Dollar Amount of the Aggregate Revolving Exposure exceeding the aggregate Revolving Commitments or (iii) 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 Borrower may borrow, prepay and reborrow Revolving Loans. (b) Subject to the terms and conditions set forth herein, each Term Lender severally (and not jointly) agrees to make a Term Loan in dollars to the Borrower, on the Effective Date, in a principal amount not to exceed such Lender’s Term Loan Commitment, by making immediately available funds available to the Administrative Agent’s designated account not later than the time specified by the Administrative Agent. Amounts prepaid or repaid in respect of Term Loans may not be reborrowed.

Appears in 5 contracts

Sources: Credit Agreement (Papa Johns International Inc), Credit Agreement (Papa Johns International Inc), Credit Agreement (Papa Johns International Inc)

Commitments. (a) Subject to the terms and conditions set forth herein, each Revolving Lender severally (and not jointly) agrees to make Revolving Loans in Agreed Currencies dollars to the Borrower from time to time during the Availability Period in an aggregate principal amount that will not result (after giving effect to any application of proceeds of such Borrowing pursuant to Section 2.10(a)) in (i) the Dollar Amount of such Lender’s Revolving Exposure exceeding such Lender’s Revolving Commitment, Commitment or (ii) the Dollar Amount of the Aggregate Revolving Exposure exceeding the aggregate Revolving Commitments or (iii) the Dollar Amount of the total outstanding Revolving Loans and LC Exposure, in each case denominated in Foreign Currencies, exceeding the Foreign Currency SublimitCommitments. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrower may borrow, prepay and reborrow Revolving Loans. (b) Subject to the terms and conditions set forth herein, each Term A Lender severally (and not jointly) agrees to make a Term A Loan in dollars to the Borrower, on the Effective Date, in a principal amount not to exceed such Lender’s Term Loan A Commitment, by making immediately available funds available to the Administrative Agent’s designated account not later than the time specified by the Administrative Agent. Amounts prepaid or repaid in respect of Term A Loans may not be reborrowed.

Appears in 4 contracts

Sources: Credit Agreement (F45 Training Holdings Inc.), Credit Agreement (Usa Technologies Inc), Credit Agreement (F45 Training Holdings Inc.)

Commitments. (a) Subject to the terms and conditions set forth herein, (a) each Revolving Lender severally (and not jointly) agrees to make Revolving Loans in Agreed Currencies to the Borrower in Dollars from time to time during the Availability Period in an aggregate principal amount that will not result (after giving effect to any application of proceeds of such Borrowing pursuant to Section 2.10(a)) in (i) the Dollar Amount amount of such Lender’s Revolving Credit Exposure exceeding such Lender’s Revolving Commitment, Commitment or (ii) the Dollar Amount sum of the Aggregate total Revolving Exposure Credit Exposures exceeding the aggregate Revolving Commitments or Commitments, and (iiib) each Term Lender with a Term Loan Commitment agrees to make a Term Loan to the Dollar Amount of Borrower in Dollars on the total outstanding Revolving Loans and LC ExposureEffective Date, in each case denominated in Foreign Currenciesan amount equal to such Lender’s Term Loan Commitment by making immediately available funds available to the Administrative Agent’s designated account, exceeding not later than the Foreign Currency Sublimittime specified by the Administrative Agent. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrower may borrow, prepay and reborrow Revolving Loans. (b) Subject to the terms and conditions set forth herein, each Term Lender severally (and not jointly) agrees to make a Term Loan in dollars to the Borrower, on the Effective Date, in a principal amount not to exceed such Lender’s Term Loan Commitment, by making immediately available funds available to the Administrative Agent’s designated account not later than the time specified by the Administrative Agent. Amounts repaid or prepaid or repaid in respect of Term Loans may not be reborrowed.

Appears in 4 contracts

Sources: Credit Agreement (Marcus Corp), Credit Agreement (Meadowbrook Insurance Group Inc), Credit Agreement (Angiodynamics Inc)

Commitments. (a) Subject to the terms and conditions set forth herein, herein each Revolving Lender severally (and not jointly) agrees to make Revolving Loans in Agreed Currencies to the Borrower in dollars from time to time during the Availability Period in an aggregate principal amount that will not result (after giving effect to any application of proceeds of such Borrowing pursuant to Section 2.10(a)) in (i) the Dollar Amount of such Lender’s aggregate Revolving Exposure Loans exceeding such Lender’s Revolving Credit Commitment, (ii) the Dollar Amount of the Aggregate Revolving Exposure exceeding the aggregate Revolving Commitments or (iii) 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 Borrower may borrow, prepay and reborrow Revolving Loans. (b) Subject to the terms and conditions set forth herein, herein (i) each Initial Term B Lender severally (and not jointly) agrees to make a Initial Term Loan B Loans to the Borrower in dollars to the Borrower, on the Effective Date, Date in a principal an amount not equal to exceed such Lender’s Initial Term B Loan Commitment and (ii) each Incremental Term Loan Lender with an Incremental Term Loan Commitment agrees to make Incremental Term Loans to the Borrower in dollars on the relevant borrowing date in an amount equal to such Lender’s applicable Incremental Term Loan Commitment, . All such Term Loans shall be made on the applicable date by making immediately available funds available to the Administrative Agent’s designated account or to such other account or accounts as may be designated in writing to the Administrative Agent by the Borrower, not later than the time specified by the Administrative Agent. The full amount of the Initial Term B Loan Commitments must be drawn in a single drawing on the Effective Date. Amounts repaid or prepaid or repaid in respect of Term Loans may not be reborrowed.

Appears in 4 contracts

Sources: Credit Agreement (Xperi Corp), Credit Agreement (Maxlinear Inc), Credit Agreement (Integrated Device Technology Inc)

Commitments. (a) Subject to the terms and conditions set forth herein, (i) each Revolving Lender severally (and not jointly) agrees to make Revolving Loans denominated in Agreed Currencies US Dollars to the Company and any Additional Borrower borrowing in US Dollars, (ii) each Revolving Lender agrees to make Revolving Loans denominated in Canadian Dollars to any Additional Borrower borrowing in Canadian Dollars and (iii) Lenders of any other Class agree to make Loans of such Class to the applicable Borrower in US Dollars or Canadian Dollars, as applicable, in each case from time to time during the Availability Period in an aggregate principal amount that will not result (after giving effect to any application of proceeds the making of such Borrowing pursuant to Section 2.10(a)Loans and any other Loans being made or Letters of Credit being issued on the same date and any concurrent repayment of Loans and reimbursement of LC Disbursements) will not result in (iA) the Dollar Amount of such Lender’s Revolving Credit Exposure of the applicable Class exceeding such Lender’s Revolving CommitmentCommitment of such Class, (iiB) the Dollar Amount total Credit Exposures of the applicable Class exceeding the total Commitments of such Class or any other limitation set forth in the applicable Incremental Facility Agreement, (C) the Aggregate Revolving Credit Exposure exceeding the aggregate Revolving Commitments or Maximum Borrowing Amount and (iiiD) the Dollar Amount of the total outstanding Revolving Loans and LC Exposure, in each case denominated in Foreign Currencies, Canadian Dollars exceeding the Foreign Currency CAD Sublimit. . (b) Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrower Borrowers may borrow, prepay and reborrow Revolving Loans. (b) Subject to the terms and conditions set forth herein, each Term Lender severally (and not jointly) agrees to make a Term Loan in dollars to the Borrower, on the Effective Date, in a principal amount not to exceed such Lender’s Term Loan Commitment, by making immediately available funds available to the Administrative Agent’s designated account not later than the time specified by the Administrative Agent. Amounts prepaid or repaid in respect of Term Loans may not be reborrowed.

Appears in 3 contracts

Sources: Amendment No. 2 to the Revolving Credit Agreement (Victoria's Secret & Co.), Revolving Credit Agreement (Victoria's Secret & Co.), Revolving Credit Agreement (Victoria's Secret & Co.)

Commitments. (a) Subject to the terms and conditions set forth herein, (a) each Revolving Lender (severally (and not jointly) agrees to make Revolving Loans to the Borrower in Agreed Currencies to the Borrower from time to time during the Availability Period in an aggregate principal amount that will not result (after giving effect to any application of proceeds of such Borrowing pursuant to Section 2.10(a)) 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 Revolving Commitment, (ii) subject to Sections 2.04 and 2.11(b), the sum of the Dollar Amount of the Aggregate total Revolving Exposure Credit Exposures exceeding the aggregate Revolving Commitments 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 SublimitSublimit and (b) each Term Lender with an Initial Term Loan A Commitment agrees to make an Initial Term A Loan to the Borrower in Dollars on the Restatement Effective Date, in an amount equal to such Lender’s Term Loan Commitment by making immediately available funds available to the Administrative Agent’s designated account, not later than the time specified by the Administrative Agent. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrower may borrow, prepay and reborrow Revolving Loans. (b) Subject to the terms and conditions set forth herein, each Term Lender severally (and not jointly) agrees to make a Term Loan in dollars to the Borrower, on the Effective Date, in a principal amount not to exceed such Lender’s Term Loan Commitment, by making immediately available funds available to the Administrative Agent’s designated account not later than the time specified by the Administrative Agent. Amounts repaid or prepaid or repaid in respect of Term Loans may not be reborrowed.

Appears in 3 contracts

Sources: Credit Agreement (Hill-Rom Holdings, Inc.), Credit Agreement (Hill-Rom Holdings, Inc.), Credit Agreement (Hill-Rom Holdings, Inc.)

Commitments. (a) Subject to the terms and conditions and relying upon the representations and warranties herein set forth hereinforth, each Revolving Lender agrees, severally (and not jointly, (i) agrees to make a term loan to the Borrower in Dollars (a “US$ Term Loan”) on the Closing Date in a principal amount not to exceed its US$ Term Loan Commitment, (ii) to make a term loan to the Borrower in Euros (a “Euro Term Loan”) on the Closing Date in a principal amount not to exceed its Euro Term Loan Commitment and (iii) to make Revolving Loans in Agreed Currencies to the Borrower in Dollars or in an Alternative Currency, at any time and from time to time during on or after the Availability Period date hereof, and until the earlier of the Revolving Credit Maturity Date and the termination of the Revolving Credit Commitment of such Lender in accordance with the terms hereof, in an aggregate principal amount at any time outstanding that will not result (after giving effect to any application of proceeds of such Borrowing pursuant to Section 2.10(a)) in (ia) the Dollar Amount of such Lender’s Revolving Credit Exposure exceeding such Lender’s Revolving Commitment, Credit Commitment or (iib) the Dollar Amount Aggregate Alternative Currency Exposure of the Aggregate Revolving Exposure all Lenders exceeding the aggregate Revolving Commitments or (iii) the Dollar Amount of the total outstanding Revolving Loans and LC Exposure, in each case denominated in Foreign Currencies, exceeding the Foreign Alternative Currency Sublimit. Within the foregoing limits set forth in clause (iii) of the preceding sentence and subject to the terms terms, conditions and conditions limitations set forth herein, the Borrower may borrow, pay or prepay and reborrow Revolving Loans. (b) Subject to the terms and conditions set forth herein, each Term Lender severally (and not jointly) agrees to make a Term Loan in dollars to the Borrower, on the Effective Date, in a principal amount not to exceed such Lender’s Term Loan Commitment, by making immediately available funds available to the Administrative Agent’s designated account not later than the time specified by the Administrative Agent. Amounts paid or prepaid or repaid in respect of Term Loans may not be reborrowed.

Appears in 3 contracts

Sources: Credit Agreement (Daramic, LLC), Credit Agreement (Polypore International, Inc.), Credit Agreement (Polypore International, Inc.)

Commitments. (a) Subject to the terms and conditions set forth herein, each Revolving Lender severally agrees (a) to make an Initial Term Loan to the U.S. Borrower on the Initial Funding Date, in Dollars, in a principal amount equal to but not exceeding its Initial Term Commitment and not jointly(b) agrees to make Revolving Loans in Agreed Currencies to the U.S. Borrower and the Belgian Borrower from time to time during the Revolving Availability Period Period, in Dollars or an Alternative Currency, in each case, in an aggregate principal amount that will not result (that, in each case after giving effect to any simultaneous reduction of Revolving Exposure due to any application of proceeds of from such Borrowing pursuant to Section 2.10(a)) Revolving Loans, will not result in (iw) the Dollar Amount of such Lender’s Revolving Exposure exceeding such Lender’s Revolving Commitment, (iix) the Dollar Amount of the Aggregate Revolving Exposure exceeding the aggregate Aggregate Revolving Commitments Commitment, (y) the Aggregate Revolving Exposure denominated in any Alternative Currency exceeding the Alternative Currency Sublimit for such currency or (iiiz) the Dollar Amount Aggregate Revolving Exposure attributable to Obligations of the total outstanding Revolving Loans and LC Exposure, in each case denominated in Foreign Currencies, exceeding Belgian Borrower to exceed the Foreign Currency Belgian Borrower Sublimit. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrower Borrowers may borrow, prepay and reborrow Revolving Loans. (b) Subject to the terms and conditions set forth herein, each Term Lender severally (and not jointly) agrees to make a Term Loan in dollars to the Borrower, on the Effective Date, in a principal amount not to exceed such Lender’s Term Loan Commitment, by making immediately available funds available to the Administrative Agent’s designated account not later than the time specified by the Administrative Agent. Amounts repaid or prepaid or repaid in respect of Term Loans may not be reborrowed.

Appears in 3 contracts

Sources: Incremental Facility Agreement (Ingevity Corp), Incremental Facility Agreement (Ingevity Corp), Credit Agreement (Ingevity Corp)

Commitments. (a) Subject to the terms and conditions set forth herein, each Term Lender (severally and not jointly) agrees to make Term Loans to the Borrower in Dollars in a single drawing on the Effective Date, in an amount equal to such Term Lender’s Term Loan Commitment. Amounts repaid or prepaid in respect of Term Loans may not be reborrowed. (b) Subject to the terms and conditions set forth herein, each Revolving Facility Lender (severally (and not jointly) agrees to make Revolving Facility Loans in Agreed Currencies to the Borrower in Dollars, in each case from time to time during the Revolving Facility Availability Period in an aggregate principal amount that will not result (after giving effect to any application of proceeds of such Borrowing to any Swingline Loans outstanding pursuant to Section 2.10(a2.09(a)) in (i) the Dollar Amount of such Lender▇▇▇▇▇▇’s Revolving Facility Credit Exposure exceeding such Lender▇▇▇▇▇▇’s Revolving Commitment, Facility Commitment or (ii) the Dollar Amount of the Aggregate Total Revolving Exposure Facility Credit Exposures exceeding the aggregate total Revolving Commitments or (iii) the Dollar Amount of the total outstanding Revolving Loans and LC Exposure, in each case denominated in Foreign Currencies, exceeding the Foreign Currency SublimitFacility Commitments. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrower may borrow, prepay and reborrow Revolving Facility Loans. (b) Subject to the terms and conditions set forth herein, each Term Lender severally (and not jointly) agrees to make a Term Loan in dollars to the Borrower, on the Effective Date, in a principal amount not to exceed such Lender’s Term Loan Commitment, by making immediately available funds available to the Administrative Agent’s designated account not later than the time specified by the Administrative Agent. Amounts prepaid or repaid in respect of Term Loans may not be reborrowed.

Appears in 3 contracts

Sources: Credit Agreement (Fathom Digital Manufacturing Corp), Credit Agreement (Fathom Digital Manufacturing Corp), Credit Agreement (Fathom Digital Manufacturing Corp)

Commitments. (a) Subject to the terms and conditions set forth herein, (a) each Revolving Lender (severally (and not jointly) agrees to make Revolving Loans in Agreed Currencies to the Borrower from time to time during the Availability Period in an aggregate principal amount that will not result (after giving effect to any application of proceeds of such Borrowing pursuant to Section 2.10(a)) in (i) the Dollar Amount of such Lender’s Revolving Exposure exceeding such Lender’s Revolving Commitment, (ii) the Dollar Amount of Commitment or the Aggregate Revolving Exposure exceeding the aggregate Aggregate Revolving Commitments or Commitment and (iiib) each Term Lender with a Term Loan Commitment agrees to make a Term Loan to the Dollar Amount of Borrower on the total outstanding Revolving Loans and LC ExposureEffective Date, in each case denominated in Foreign Currenciesan amount equal to such Lender’s Term Loan Commitment by making immediately available funds available to the Agent’s designated account, exceeding not later than the Foreign Currency Sublimittime specified by the Agent. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrower may borrow, prepay and reborrow Revolving Loans. (b) Subject Loans at any time and from time to the terms and conditions set forth herein, each Term Lender severally (and not jointly) agrees to make a Term Loan in dollars to the Borrower, on the Effective Date, in a principal amount not to exceed such Lender’s Term Loan Commitment, by making immediately available funds available to the Administrative Agent’s designated account not later than the time specified by the Administrative Agenttime. Amounts repaid or prepaid or repaid in respect of Term Loans may not be reborrowed. All Loans shall be denominated in U.S. Dollars.

Appears in 3 contracts

Sources: Credit Agreement (MSG Entertainment Spinco, Inc.), Credit Agreement (MSG Entertainment Spinco, Inc.), Credit Agreement (Madison Square Garden Co)

Commitments. (a) Subject to the terms and conditions set forth herein, each Revolving Lender severally agrees (a) to make a Tranche A Term Loan denominated in dollars to the Borrower on the Funding Date in a principal amount not exceeding its Tranche A Term Commitment and not jointly(b) agrees to make Revolving Loans denominated in Agreed Currencies dollars or in any Permitted Foreign Currency to the Borrower from time to time time, in each case during the Revolving Availability Period Period, in an aggregate principal amount that will not result (after giving effect to any application of proceeds of such Borrowing pursuant to Section 2.10(a)) in (i) the Dollar Amount of such Lender’s Revolving Exposure exceeding such Lender’s Revolving Commitment, (ii) the Dollar Amount of Commitment or the Aggregate Revolving Exposure exceeding the aggregate Aggregate Revolving Commitments or (iii) Commitment; provided that the Borrower shall not request, and the Revolving Lenders shall not be required to fund, a Revolving Loan that is denominated in a Permitted Foreign Currency if, immediately after the making of such Revolving Loan, the Dollar Amount Equivalent of the total outstanding aggregate principal amount of all Revolving Loans and LC Exposure, in each case then outstanding that are denominated in Foreign Currencies, exceeding the any Permitted Foreign Currency Sublimit(including such requested Revolving Loan) would exceed $25,000,000. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrower may borrow, prepay and reborrow Revolving Loans. (b) Subject to the terms and conditions set forth herein, each Term Lender severally (and not jointly) agrees to make a Term Loan in dollars to the Borrower, on the Effective Date, in a principal amount not to exceed such Lender’s Term Loan Commitment, by making immediately available funds available to the Administrative Agent’s designated account not later than the time specified by the Administrative Agent. Amounts repaid or prepaid or repaid in respect of Term Loans may not be reborrowed.

Appears in 3 contracts

Sources: Credit Agreement (Vectrus, Inc.), Credit Agreement (Vectrus, Inc.), Credit Agreement (Vectrus, Inc.)

Commitments. (a) Subject to the terms and conditions set forth herein, each Revolving Lender severally agrees (a) to make a Tranche A Term Loan to the Borrower on the Effective Date in a principal amount not exceeding its Tranche A Commitment, (b) to make a Tranche B Term Loan to the Borrower on the Effective Date in a principal amount not exceeding its Tranche B Commitment and not jointly(c) agrees to make Revolving Loans in Agreed Currencies to the Borrower from time to time during the Revolving Availability Period in an aggregate principal amount that will not result (after giving effect to any application of proceeds of such Borrowing pursuant to Section 2.10(a)) in (i) the Dollar Amount sum of such Lender’s Revolving Exposure exceeding such Lender’s Revolving Commitment, or (ii) (x) the Dollar Amount sum of the Aggregate aggregate Revolving Exposure Exposures (minus the Viacom LC Exposures), plus the aggregate Competitive Loan Exposures exceeding (y) the aggregate Revolving Commitments minus the Viacom Reserve Amount. Notwithstanding anything to the contrary in this Agreement, the Revolving Commitments constituting the Viacom Reserve Amount in effect from time to time shall be available solely for the issuance of Viacom LCs and shall not be utilized for any other purpose, including Revolving Loans, Swingline Loans or (iii) the Dollar Amount Letters of the total outstanding Revolving Loans and LC Exposure, in each case denominated in Foreign Currencies, exceeding the Foreign Currency SublimitCredit other than Viacom LCs. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrower may borrow, prepay and reborrow Revolving Loans. (b) Subject to the terms and conditions set forth herein, each Term Lender severally (and not jointly) agrees to make a Term Loan in dollars to the Borrower, on the Effective Date, in a principal amount not to exceed such Lender’s Term Loan Commitment, by making immediately available funds available to the Administrative Agent’s designated account not later than the time specified by the Administrative Agent. Amounts prepaid or repaid in respect of Term Loans may not be reborrowed.

Appears in 3 contracts

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

Commitments. (a) Subject to the terms and conditions set forth herein, each Revolving Lender severally (and not jointly) agrees to make Revolving Loans to the Borrowers in Agreed Currencies to the Borrower from time to time during the Availability Period in an aggregate principal amount that will not result in, subject to Sections 2.04 and 2.11(b), (after giving effect to any application of proceeds of such Borrowing pursuant to Section 2.10(a)) in (ia) the Dollar Amount of such Lender’s Revolving Credit Exposure exceeding such Lender’s Revolving Commitment, (iib) the sum of the Dollar Amount of the Aggregate total Revolving Exposure Credit Exposures exceeding the aggregate Revolving Commitments Aggregate Commitment or (iiic) the Dollar Amount of the total outstanding Revolving Loans and LC Exposure, in each case Credit Exposures denominated in Foreign Currencies, Currencies exceeding the Foreign Currency Sublimit. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrower Borrowers may borrow, prepay and reborrow Revolving Loans. (b) Subject to the terms and conditions set forth hereinherein and of any Incremental Term Loan Amendment effected in accordance with Section 2.20, each Lender that has a commitment to fund Incremental Term Lender severally (and not jointly) Loans in accordance with the provisions of Section 2.20 agrees to make a its ratable share of such Incremental Term Loan in dollars Loans to the Borrower, applicable Borrower on the Effective Dateapplicable effective date for such Incremental Term Loans, in a the aggregate principal amount not to exceed of such Lender’s Term Loan Commitment, by making immediately available funds available to the Administrative Agent’s designated account not later than the time specified by the Administrative Agent. Amounts prepaid or repaid in respect of Term Loans may not be reborrowedcommitment.

Appears in 3 contracts

Sources: Credit Agreement (Masco Corp /De/), Credit Agreement (Masco Corp /De/), Credit Agreement (Masco Corp /De/)

Commitments. (a) Subject to the terms and conditions set forth herein, each Revolving Lender severally (and not jointly) agrees to make Revolving Loans denominated in Agreed Dollars and Foreign Currencies to the U.S. Borrower and to Subsidiary Borrowers (other than any Subsidiary Borrower for which an Ancillary Commitment has been established under Section 2.22) from time to time during the Availability Period in an aggregate principal amount that will not result in any of following: (after giving effect to any application a) the sum of proceeds of such Borrowing pursuant to Section 2.10(a)) in (i) the Dollar Amount outstanding principal amount of such Lender’s Revolving Exposure exceeding Loans and (ii) such Lender’s Total Lender Risk Participation exceeding (x) such Lender’s Commitment minus (y) such Lender’s Ancillary Commitments; (b) the Aggregate Revolving CommitmentCredit Exposure exceeding (i) (x) the Aggregate Commitments minus (y) the Aggregate Ancillary Commitments, or (ii) at any time there is a Defaulting Lender and the Dollar Amount Senior Notes Documents prohibit the U.S. Borrower from Cash Collateralizing the Obligations of such Defaulting Lender, an amount equal to the Aggregate Commitments, minus the Total Lender Risk Participation of the Aggregate Revolving Exposure exceeding the aggregate Revolving Commitments or Defaulting Lenders; (iiic) the Dollar Amount Equivalent of the total outstanding aggregate amount of all Revolving Loans and LC Exposure, in each case Swingline Loans denominated in Foreign Currencies, exceeding the any Foreign Currency Sublimitexceeding $75,000,000. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrower Borrowers may borrow, prepay and reborrow Revolving Loans. (b) Subject to the terms and conditions set forth herein, each Term Lender severally (and not jointly) agrees to make a Term Loan in dollars to the Borrower, on the Effective Date, in a principal amount not to exceed such Lender’s Term Loan Commitment, by making immediately available funds available to the Administrative Agent’s designated account not later than the time specified by the Administrative Agent. Amounts prepaid or repaid in respect of Term Loans may not be reborrowed.

Appears in 2 contracts

Sources: Credit Agreement (Miller Herman Inc), Credit Agreement (Miller Herman Inc)

Commitments. (a) Subject to the terms and express conditions set forth herein, each Revolving applicable Lender severally agrees (and not jointlya) agrees to make a Term Loan to the Borrower on the Closing Date in Dollars in an aggregate principal amount equal to its Tranche B Term Commitment, (b) to make Multicurrency Revolving Loans in Agreed Currencies to the Borrower from time to time during the Revolving Availability Period in Dollars, Euros, British Pounds or any other Alternative Currency in an aggregate principal amount that will not result (after giving effect to any application of proceeds of such Borrowing pursuant to Section 2.10(a)) in (i) the Dollar Amount of such Lender’s Multicurrency Revolving Exposure exceeding such Lender’s Multicurrency Revolving Commitment, Commitment and (iic) to make U.S. Revolving Loans to the Dollar Amount of Borrower from time to time during the Aggregate Revolving Availability Period in Dollars in an aggregate principal amount that will not result in such Lender’s U.S. Revolving Exposure exceeding the aggregate such Lender’s U.S. Revolving Commitments or (iii) the Dollar Amount of the total outstanding Revolving Loans and LC Exposure, in each case denominated in Foreign Currencies, exceeding the Foreign Currency SublimitCommitment. Within the foregoing limits and subject to the terms and express conditions set forth herein, the Borrower may borrow, prepay and reborrow Revolving Loans. Loans (b) Subject to the terms and conditions set forth herein, each Term Lender severally (and not jointly) agrees to make a Term Loan in dollars to the Borrower, on the Effective Date, in a principal amount not to exceed such Lender’s Term Loan Commitment, by making immediately available funds available to the Administrative Agent’s designated account not later than the time specified by the Administrative Agentwithout premium or penalty). Amounts repaid or prepaid or repaid in respect of Term Loans may not be reborrowed. The Tranche B Term Commitments will terminate in full upon the making of the Loans referred to in clause (a) above.

Appears in 2 contracts

Sources: First Lien Credit Agreement (KC Holdco, LLC), First Lien Credit Agreement (KC Holdco, LLC)

Commitments. (a) Subject to the terms and conditions set forth herein, each Revolving Lender severally (and not jointly) agrees to make Revolving Loans denominated in Agreed Dollars and Foreign Currencies to the U.S. Borrower and to Subsidiary Borrowers (other than any Subsidiary Borrower for which an Ancillary Commitment has been established under Section 2.22) from time to time during the Availability Period in an aggregate principal amount that will not result in any of following: (after giving effect to any application a) the sum of proceeds of such Borrowing pursuant to Section 2.10(a)) in (i) the Dollar Amount outstanding principal amount of such Lender’s Revolving Exposure exceeding Loans and (ii) such Lender’s Total Lender Risk Participation exceeding (x) such Lender’s Commitment minus (y) such Lender’s Ancillary Commitments; (b) the Aggregate Revolving CommitmentCredit Exposure exceeding (i) (x) the Aggregate Commitments minus (y) the Aggregate Ancillary Commitments, or (ii) at any time there is a Defaulting Lender and the Dollar Amount Senior Notes Documents prohibit the U.S. Borrower from Cash Collateralizing the Obligations of such Defaulting Lender, an amount equal to the Aggregate Commitments, minus the Total Lender Risk Participation of the Aggregate Revolving Exposure exceeding the aggregate Revolving Commitments or Defaulting Lenders; (iiic) the Dollar Amount Equivalent of the total outstanding aggregate amount of all Revolving Loans and LC Exposure, in each case denominated in Foreign Currencies, exceeding the any Foreign Currency Sublimitexceeding $75,000,000. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrower Borrowers may borrow, prepay and reborrow Revolving Loans. (b) Subject to the terms and conditions set forth herein, each Term Lender severally (and not jointly) agrees to make a Term Loan in dollars to the Borrower, on the Effective Date, in a principal amount not to exceed such Lender’s Term Loan Commitment, by making immediately available funds available to the Administrative Agent’s designated account not later than the time specified by the Administrative Agent. Amounts prepaid or repaid in respect of Term Loans may not be reborrowed.

Appears in 2 contracts

Sources: Credit Agreement (Miller Herman Inc), Credit Agreement (Miller Herman Inc)

Commitments. (a) Subject to the terms and conditions set forth herein, each Lender having a Term Loan Commitment severally agrees to make a term loan (an “Initial Term Loan”) on the Closing Date to the Borrower in Dollars by making immediately available funds to the Administrative Agent’s account not later than the time specified by the Administrative Agent, which Initial Term Loans shall not exceed for any such Lender the Term Loan Commitment of such Lender. Amounts repaid in respect of Initial Term Loans may not be reborrowed. (b) Subject to the terms and conditions set forth herein, each Revolving Lender severally (and not jointly) agrees to make Revolving Loans in Agreed Currencies to the Borrower in Dollars from time to time during the Availability Period in an aggregate principal amount that will not result (after giving effect to any application of proceeds of such Borrowing pursuant to Section 2.10(a)) in (i) the Dollar Amount of such Lender’s Revolving Credit Exposure exceeding such Lender’s Revolving Commitment, Commitment or (ii) the Dollar Amount of the Aggregate total Revolving Exposure Credit Exposures exceeding the aggregate Revolving Commitments or (iii) the Dollar Amount sum of the total outstanding Revolving Loans and LC Exposure, in each case denominated in Foreign Currencies, exceeding the Foreign Currency SublimitCommitments. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrower may borrow, prepay and reborrow Revolving Loans. (b) Subject to the terms and conditions set forth herein, each Term Lender severally (and not jointly) agrees to make a Term Loan in dollars to the Borrower, on the Effective Date, in a principal amount not to exceed such Lender’s Term Loan Commitment, by making immediately available funds available to the Administrative Agent’s designated account not later than the time specified by the Administrative Agent. Amounts prepaid or repaid in respect of Term Loans may not be reborrowed.

Appears in 2 contracts

Sources: Credit Agreement (Cable One, Inc.), Credit Agreement (Cable One, Inc.)

Commitments. (a) Subject to the terms and express conditions set forth herein, (a) each applicable Term Lender severally agrees to make a Term Loan to the Borrower on the Closing Date in Dollars in an aggregate principal amount equal to its Term Commitment and (b) each Revolving Lender severally (and not jointly) agrees to make Revolving Loans in Agreed Currencies to the Borrower from time to time during the Revolving Availability Period in Dollars in an aggregate principal amount such that its Revolving Exposure will not result (after giving effect to any application of proceeds of such Borrowing pursuant to Section 2.10(a)) in (i) the Dollar Amount of such Lender’s Revolving Exposure exceeding such Lender’s exceed its Revolving Commitment, (ii) the Dollar Amount of the Aggregate Revolving Exposure exceeding the aggregate Revolving Commitments or (iii) 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 express conditions set forth herein, the Borrower may borrow, prepay and reborrow Revolving Loans. Loans (b) Subject to the terms and conditions without premium or penalty except as set forth herein, each Term Lender severally (and not jointly) agrees to make a Term Loan in dollars to the Borrower, on the Effective Date, in a principal amount not to exceed such Lender’s Term Loan Commitment, by making immediately available funds available to the Administrative Agent’s designated account not later than the time specified by the Administrative AgentSection 2.16). Amounts repaid or prepaid or repaid in respect of Term Loans may not be reborrowed. The Term Commitments will terminate in full upon the making of the Loans referred to in clause (a) above. The Initial Term Loans funded on the Closing Date will be funded with original issue discount in an amount equal to 99.75% of the par principal amount thereof (it being agreed that the Borrower shall be obligated to repay 100% of the principal amount of the Initial Term Loans and interest shall accrue on 100% of the principal amount of the Initial Term Loans, in each case as provided herein).

Appears in 2 contracts

Sources: First Lien Credit Agreement (GoodRx Holdings, Inc.), First Lien Credit Agreement (GoodRx Holdings, Inc.)

Commitments. (a) Subject to the terms and conditions set forth herein, each Revolving Lender (severally (and not jointly) agrees to make Revolving Loans to the applicable Borrowers in Agreed Currencies to the Borrower from time to time during the Availability Period in an aggregate principal amount that will not result (after giving effect to any application of proceeds of such Borrowing to any Swingline Loans outstanding pursuant to Section 2.10(a2.05(c)) in in, subject to Sections 2.04 and 2.11(b), (i) the Dollar Amount of such LenderL▇▇▇▇▇’s Revolving Credit Exposure exceeding such Lender’s Revolving Commitment, (ii) the Dollar Amount of the Aggregate Total Revolving Credit Exposure exceeding the aggregate Revolving Commitments or and (iii) the Dollar Amount of the total outstanding Revolving Loans and LC ExposureLoans, 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 Borrower Borrowers may borrow, prepay and reborrow Revolving Loans. (b) Subject to the terms and conditions set forth herein, each Term Lender with a Term Loan Commitment (severally (and not jointly) agrees to make a Term Loan in dollars to the Borrower, Parent Borrower or the Opco Borrower or in part to each of them (as determined by the Parent Borrower and notified to the Administrative Agent and the Lenders at least three (3) Business Days prior to the Closing Date) in Dollars in a single drawing on the Effective Date, Closing Date in a principal an aggregate amount not equal to exceed such LenderL▇▇▇▇▇’s Term Loan CommitmentCommitment on the Closing Date, by making immediately available funds available to the Administrative Agent’s designated account not later than the time specified by the Administrative Agent. . (c) Amounts repaid or prepaid or repaid in respect of any Term Loans may not be reborrowed.

Appears in 2 contracts

Sources: Credit Agreement (Atmus Filtration Technologies Inc.), Credit Agreement (Cummins Inc)

Commitments. Prior to the Effective Date, certain loans were previously made to the Borrowers under the Existing Credit Agreement which remain outstanding as of the date of this Agreement (a) such outstanding loans being hereinafter referred to as the “Existing Loans”). Subject to the terms and conditions set forth in this Agreement, the Borrowers and each of the Lenders agree that on the Effective Date but subject to the satisfaction of the conditions precedent set forth in Section 4.01 and the reallocation and other transactions described in Section 1.05, the Existing Loans shall, as of the Effective Date, be reevidenced as Loans under this Agreement and the terms of the Existing Loans shall be restated in their entirety and shall be evidenced by this Agreement. Subject to the terms and conditions set forth herein, each Revolving Lender severally (and not jointly) agrees to make Revolving Loans to the Borrowers in Agreed Currencies to the Borrower from time to time during the Availability Period in an aggregate principal amount that will not result (after giving effect to any application of proceeds of such Borrowing pursuant to Section 2.10(a)) in (ia) subject to Sections 2.04 and 2.11(b), the Dollar Amount of such Lender’s Revolving Credit Exposure exceeding the Dollar Amount of such Lender’s Revolving Commitment, (iib) subject to Sections 2.04 and 2.11(b), the sum of the Dollar Amount of the Aggregate total Revolving Exposure Credit Exposures exceeding the aggregate Revolving Commitments or Aggregate Commitment, (iiic) 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 or (d) subject to Sections 2.04 and 2.11(b), the Dollar Amount of the total Revolving Credit Exposures in respect of Foreign Subsidiary Borrowers exceeding the Foreign Subsidiary Borrower Sublimit. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrower Borrowers may borrow, prepay and reborrow Revolving Loans. (b) Subject to the terms and conditions set forth herein, each Term Lender severally (and not jointly) agrees to make a Term Loan in dollars to the Borrower, on the Effective Date, in a principal amount not to exceed such Lender’s Term Loan Commitment, by making immediately available funds available to the Administrative Agent’s designated account not later than the time specified by the Administrative Agent. Amounts prepaid or repaid in respect of Term Loans may not be reborrowed.

Appears in 2 contracts

Sources: Credit Agreement (MATERION Corp), Credit Agreement (MATERION Corp)

Commitments. (a) Subject to Initial Revolving Commitments. On the terms and subject to the conditions set forth hereincontained in this Agreement, each Revolving Lender severally (and not jointly) agrees to make loans in any Available Currency to any Borrower (each an “Initial Revolving Loans in Agreed Currencies to the Borrower Loan”) from time to time on any Business Day during the Availability Period period from the Closing Date until the Revolving Credit Termination Date with respect to the Initial Revolving Commitments in an aggregate principal Dollar Equivalent amount that will not result (after giving effect to at any application of proceeds of time outstanding for all such Borrowing pursuant to Section 2.10(a)) in (i) the Dollar Amount of Loans by such Revolving Lender that, when aggregated with such Lender’s LC Exposure under the Initial Revolving Exposure exceeding Facility, shall not exceed such Revolving Lender’s Revolving Commitment; provided, (ii) the Dollar Amount however, that at no time shall any Revolving Lender be obligated to make an Initial Revolving Loan in excess of such Revolving Lender’s Ratable Portion of the Aggregate Initial Revolving Exposure Commitments; provided, further, that at no time shall any Revolving Lender be obligated to make an Initial Revolving Loan to any Foreign Borrower if the making of such an Initial Revolving Loan would result in the Revolving Outstandings in respect of such Foreign Borrower exceeding the aggregate such Foreign Borrower’s Revolving Commitments or (iii) 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 of the terms and conditions set forth hereinInitial Revolving Commitment of each Revolving Lender, the Borrower amounts of Initial Revolving Loans repaid may borrow, prepay and reborrow Revolving Loans. (b) Subject to the terms and conditions set forth herein, each Term Lender severally (and not jointly) agrees to make a Term Loan in dollars to the Borrower, on the Effective Date, in a principal amount not to exceed such Lender’s Term Loan Commitment, by making immediately available funds available to the Administrative Agent’s designated account not later than the time specified be reborrowed by the Administrative Agent. Amounts prepaid or repaid in respect of Term Loans may not be reborrowedBorrowers under this Section 2.01(a).

Appears in 2 contracts

Sources: Credit Agreement, Credit Agreement (Aramark)

Commitments. (a) Subject to the terms and conditions set forth herein, each Revolving Lender severally agrees (a) to make a Tranche B Term Loan to the Borrower on the Effective Date in a principal amount not exceeding its Tranche B Commitment; (b) to make a Delayed Draw Term Loan to the Borrower from time to time, but on no more than seven (7) occasions, during the Delayed Draw Availability Period in a principal amount not exceeding its Delayed Draw Commitment; and not jointly(c) agrees to make Revolving Loans in Agreed Currencies to the Borrower from time to time during the Revolving Availability Period in an aggregate principal amount that will not result (after giving effect to any application of proceeds of such Borrowing pursuant to Section 2.10(a)) in (i) the Dollar Amount of such Lender’s Revolving Exposure exceeding such Lender’s Revolving Commitment, (ii) the Dollar Amount ; provided that no more than $5.0 million of the Aggregate Revolving Exposure exceeding the aggregate Revolving Commitments or (iii) the Dollar Amount of the total outstanding Revolving Loans and LC Exposure, in each case denominated in Foreign Currencies, exceeding may be made on the Foreign Currency SublimitEffective Date. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrower may borrow, prepay and reborrow Revolving Loans. (b) Subject to the terms and conditions set forth herein, each Term Lender severally (and not jointly) agrees to make a Term Loan in dollars to the Borrower, on the Effective Date, in a principal amount not to exceed such Lender’s Term Loan Commitment, by making immediately available funds available to the Administrative Agent’s designated account not later than the time specified by the Administrative Agent. Amounts repaid or prepaid or repaid in respect of the Term Loans may not be reborrowed.

Appears in 2 contracts

Sources: Credit Agreement (United Surgical Partners International Inc), Credit Agreement (Usp Mission Hills, Inc.)

Commitments. (a) Subject to the terms and conditions set forth herein, each Revolving Lender (severally (and not jointly) agrees to make Revolving Loans to the Lead Borrower in Agreed Currencies to the Borrower from time to time during the Availability Period in an aggregate principal amount that will not result (after giving effect to any application of proceeds of such Borrowing to any Swingline Loans outstanding pursuant to Section 2.10(a2.05(c)) in in, subject to Sections 2.04 and 2.11(b), (i) the Dollar Amount of such Lender’s Revolving Credit Exposure exceeding such Lender’s Revolving Commitment, (ii) the Dollar Amount of the Aggregate Total Revolving Credit Exposure exceeding the aggregate Revolving Commitments or and (iii) the Dollar Amount of the total outstanding Revolving Loans and LC ExposureLoans, 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 Lead Borrower may borrow, prepay and reborrow Revolving Loans. (b) Subject to the terms and conditions set forth herein, each Term A-1 Lender with a Term A-1 Loan Commitment (severally (and not jointly) agrees to make a Term A-1 Loan in dollars to the Borrower, Lead Borrower in Dollars in a single drawing on the Effective Date, in a principal an amount not equal to exceed such Lender’s Term A-1 Loan Commitment, Commitment on the Effective Date by making immediately available funds available to the Administrative Agent’s designated account account, not later than the time specified by the Administrative Agent. . (c) Subject to the terms and conditions set forth herein, each Term A-2 Lender with a Term A-2 Loan Commitment (severally and not jointly) agrees to make a Term A-2 Loan to the Lead Borrower in Dollars in a single drawing on the Effective Date, in an amount equal to such Lender’s Term A-2 Loan Commitment on the Effective Date by making immediately available funds available to the Administrative Agent’s designated account, not later than the time specified by the Administrative Agent. (d) Amounts repaid or prepaid or repaid in respect of any Term Loans may not be reborrowed.

Appears in 2 contracts

Sources: Credit Agreement (ESAB Corp), Credit Agreement (ESAB Corp)

Commitments. (a) Subject to the terms and conditions set forth herein, each Revolving Lender severally (and not jointly) agrees to make Revolving Loans in Agreed Currencies US Dollars to the Borrower from time to time during the Availability Period in an aggregate principal amount that will not result (after giving effect to any application of the proceeds of such Borrowing pursuant to Section 2.10(a)2.07) in (ia) the Dollar Amount of such Lender’s Applicable Revolving Credit Exposure exceeding such Lender’s Revolving Commitment, Commitment or (iib) the Dollar Amount of the Aggregate Revolving Exposure exceeding the aggregate Revolving Commitments or (iii) the Dollar Amount sum of the total outstanding Revolving Loans and LC Exposure, in each case denominated in Foreign Currencies, Credit Exposures exceeding the Foreign Currency Sublimittotal Commitments. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrower may borrow, prepay and reborrow Revolving Loans. (b) Subject . Each Lender having an Incremental Commitment agrees, subject to the terms and conditions and relying upon the representations and warranties set forth hereinherein and in the applicable Incremental Assumption Agreement, each Term Lender severally (and not jointly) agrees to make a Term Loan in dollars Revolving Loans to the Borrower, on the Effective Date, in a an aggregate principal amount that will not result (after giving effect to exceed any application of the proceeds of such Borrowing pursuant to Section 2.07) in (a) such Lender’s Term Loan Commitment, by making immediately available funds available to Applicable Revolving Credit Exposure exceeding such Lender’s Commitment or (b) the Administrative Agent’s designated account not later than sum of the time specified by total Revolving Credit Exposures exceeding the Administrative Agent. Amounts prepaid or repaid in respect of Term Loans may not be reborrowedtotal Commitments.

Appears in 2 contracts

Sources: 364 Day Credit Agreement (E TRADE FINANCIAL Corp), 364 Day Credit Agreement (E TRADE FINANCIAL Corp)

Commitments. (a) Subject to the terms and conditions set forth herein, (a) each Revolving Lender severally (and not jointly) agrees to make Revolving Loans in Agreed Currencies to the Borrower from time to time during the Availability Period in an aggregate principal amount that will not result (after giving effect to any application of proceeds of such Borrowing pursuant to Section 2.10(a)) in (i) the Dollar Amount of such Lender’s Revolving Exposure exceeding such Lender’s Revolving Commitment, Commitment or (ii) the Dollar Amount sum of the Aggregate total Revolving Exposure Exposures exceeding the aggregate lesser of the total Revolving Commitments or the Borrowing Base and (iiib) each Tranche B Term Lender agrees to make a Tranche B Term Loan in dollars to the Dollar Amount of Borrower on the total outstanding Revolving Loans and LC ExposureEffective Date, in each case denominated in Foreign Currenciesan amount equal to such Lender’s Tranche B Term Loan Commitment by making immediately available funds available to the Administrative Agent’s designated account, exceeding not later than the Foreign Currency Sublimittime specified by the Administrative Agent. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrower may borrow, prepay and reborrow Revolving Loans. (b) Subject to the terms and conditions set forth herein, each Term Lender severally (and not jointly) agrees to make a Term Loan in dollars to the Borrower, on the Effective Date, in a principal amount not to exceed such Lender’s Term Loan Commitment, by making immediately available funds available to the Administrative Agent’s designated account not later than the time specified by the Administrative Agent. Amounts prepaid or repaid in respect of Tranche B Term Loans may not be reborrowed.

Appears in 2 contracts

Sources: Credit Agreement (Asset Acceptance Capital Corp), Credit Agreement (Asset Acceptance Capital Corp)

Commitments. (a) Subject to the terms and conditions set forth herein, each Revolving Lender severally (and not jointly) agrees to make Revolving Loans in Agreed Currencies dollars to the Borrower from time to time during the Availability Period in an aggregate principal amount that will not result (after giving effect to any application of proceeds of such Borrowing pursuant to Section 2.10(a)) in (i) the Dollar Amount of such Lender’s Revolving Exposure exceeding such Lender’s Revolving Commitment, Commitment or (ii) the Dollar Amount of the Aggregate Revolving Exposure exceeding the aggregate Revolving Commitments or (iii) the Dollar Amount of the total outstanding Revolving Loans and LC Exposure, in each case denominated in Foreign Currencies, exceeding the Foreign Currency SublimitCommitments. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrower may borrow, prepay and reborrow Revolving Loans. (b) Subject to the terms and conditions set forth herein, each Term Lender severally (and not jointly) agrees to make a Term Loan in dollars to the Borrower, on the Effective Date, in a principal amount not to exceed such Lender’s Term Loan Commitment, by making immediately available funds available to the Administrative Agent’s designated account not later than the time specified by the Administrative Agent. Amounts prepaid or repaid in respect of Term Loans may not be reborrowed.

Appears in 2 contracts

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

Commitments. (a) Subject to the terms and conditions set forth herein, each Revolving Lender severally (and not jointly) agrees to make Revolving Loans in Agreed Currencies to the Borrower from time to time during the Availability Period in an aggregate principal amount that will not result (after giving effect to any application of proceeds of such Borrowing pursuant to Section 2.10(a)) in (i) During the Dollar Amount of such Lender’s Revolving Exposure exceeding such Lender’s Revolving CommitmentCommitment Period, (ii) the Dollar Amount of the Aggregate Revolving Exposure exceeding the aggregate Revolving Commitments or (iii) 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 of this Agreement and in reliance upon the representations and warranties of the Credit Parties herein set forth herein, the Borrower may borrow, prepay and reborrow Revolving Loans. (b) Subject to the terms and conditions set forth hereinforth, each Term Lender severally (and not jointly) agrees to make a Term Loan Loans (including, with respect to Alternative Currency Loans, through any Affiliate of such Lender) (i) denominated in dollars Dollars or any Alternative Currency to the Borrower, on (ii) denominated in Canadian Dollars to the Effective DateCanadian Subsidiary, (iii) denominated in Euros to the Irish Subsidiary, (iv) denominated in Dollars to the Bahamian Subsidiary or (v) denominated in the applicable Alternative Currency designated by any other Subsidiary Borrower, in a principal an aggregate amount up to but not to exceed exceeding such Lender’s Term Loan Commitment, by making immediately available funds available Commitment as set forth opposite its name on Schedule 2.1A annexed hereto; provided that after giving effect to the Administrative Agentmaking of any Loans, (i) the Total Utilization of Commitments shall not exceed the Commitments; (ii) the aggregate Dollar Amount of all Alternative Currency Loans shall not exceed the Alternative Currency Sublimit; and (iii) the aggregate Dollar Amount of all Loans to any particular Subsidiary Borrower shall not exceed $50,000,000. (ii) Each Lender’s designated account not Commitment shall expire on the Maturity Date and all Loans and all other amounts owed hereunder with respect to the Loans and the Commitment of such Lender shall be paid in full no later than the time specified by the Administrative Agentsuch date. Amounts prepaid or borrowed pursuant to this Section 2.1A may be repaid in respect of Term Loans may not be reborrowedand reborrowed during the Commitment Period.

Appears in 2 contracts

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

Commitments. (a) Subject to the terms and conditions set forth herein, each Revolving Lender severally (and not jointly) agrees to make Revolving Loans in Agreed Currencies to the Borrower from time to time during the Availability Period in an aggregate principal amount that will not result (after giving effect to any application of proceeds of such Borrowing pursuant to Section 2.10(a)) in (i) During the Dollar Amount of such Lender’s Revolving Exposure exceeding such Lender’s Revolving CommitmentCommitment Period, (ii) the Dollar Amount of the Aggregate Revolving Exposure exceeding the aggregate Revolving Commitments or (iii) 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 of this Agreement and in reliance upon the representations and warranties of the Credit Parties herein set forth herein, the Borrower may borrow, prepay and reborrow Revolving Loans. (b) Subject to the terms and conditions set forth hereinforth, each Term Lender severally (and not jointly) agrees to make a Term Loan Loans (including, with respect to Alternative Currency Loans, through any Affiliate of such Lender) (i) denominated in dollars Dollars to the Borrower, on (ii) denominated in Canadian Dollars to the Effective DateCanadian Subsidiary, (iii) denominated in Euros to the Irish Subsidiary, (iv) denominated in Dollars to the Bahamian Subsidiary or (v) denominated in the applicable Alternative Currency designated by any other Subsidiary Borrower, in a principal an aggregate amount up to but not to exceed exceeding such Lender’s Term Loan Commitment, by making immediately available funds available Commitment as set forth opposite its name on Schedule 2.1A annexed hereto; provided that after giving effect to the Administrative Agentmaking of any Loans, (i) the Total Utilization of Commitments shall not exceed the Commitments and (ii) the aggregate Dollar Amount of all Alternative Currency Loans shall not exceed the Alternative Currency Sublimit. (ii) Each Lender’s designated account not Commitment shall expire on the Maturity Date applicable to such Lender and all Loans and all other amounts owed hereunder with respect to the Loans and the Commitment of such Lender shall be paid in full no later than the time specified by the Administrative Agentsuch date. Amounts prepaid or borrowed pursuant to this Section 2.1A may be repaid in respect of Term Loans may not be reborrowedand reborrowed during the Commitment Period.

Appears in 2 contracts

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

Commitments. (a) Subject to the terms and conditions set forth herein, each Revolving Lender severally (and not jointly) agrees to make Revolving Loans to the Revolving Borrowers in Agreed Currencies to the Borrower from time to time during the Availability Period in an aggregate principal amount that will not result (after giving effect to any application of proceeds of such Borrowing pursuant to Section 2.10(a)) in (ia) subject to Sections 2.04 and 2.11(b), the Dollar Amount of such Revolving Lender’s Revolving Credit Exposure exceeding such Revolving Lender’s Revolving Commitment, (ii) the Dollar Amount of the Aggregate Revolving Exposure exceeding the aggregate Revolving Commitments Commitment or (iiib) subject to Sections 2.04 and 2.11(b), the sum of the Dollar Amount of the total outstanding Revolving Loans and LC Exposure, in each case denominated in Foreign Currencies, Credit Exposures exceeding the Foreign Currency SublimitAggregate Revolving Commitment. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrower Revolving Borrowers may borrow, prepay and reborrow Revolving Loans. (b) Subject to the terms and conditions set forth hereinhereof, each Term Lender severally (and not jointly) agrees to make a term loan (a “Term Loan”) to the Term Loan Borrower in dollars to the Borrower, Dollars on the Restatement Effective Date, Date in a principal an amount not to exceed such Lender’s the amount of the Term Loan Commitment, by making immediately available funds available to the Administrative Agent’s designated account not later than the time specified by the Administrative AgentCommitment of such Term Lender. Amounts prepaid or repaid in respect of the Term Loans may not be reborrowed.

Appears in 2 contracts

Sources: Credit Agreement (Signet Jewelers LTD), Credit Agreement (Signet Jewelers LTD)

Commitments. (a) Subject to the terms and conditions set forth herein, each Revolving Term Loan Lender severally agrees to make to the Borrower a single loan denominated in Dollars equal to such Term Loan Lender’s Term Loan Commitment on the Effective Date. Term Loans may be ABR Loans or Eurocurrency Loans, as further provided herein. (b) Subject to the terms and not jointly) conditions set forth herein, each Lender agrees to make Revolving Loans to the Borrower in Agreed Currencies to the Borrower from time to time during the Availability Period in an aggregate principal amount that will not result (after giving effect to any application of proceeds of such Borrowing pursuant to Section 2.10(a)) in (ia) subject to Sections 2.04 and 2.11(b), the Dollar Amount of such Lender’s Revolving Credit Exposure exceeding such Lender’s Revolving Commitment, (iib) subject to Sections 2.04 and 2.11(b), the sum of the Dollar Amount of the total Revolving Credit Exposures exceeding the Aggregate Revolving Exposure exceeding the aggregate Revolving Commitments Commitment or (iiic) 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. (c) Amounts paid or prepaid in respect of Term Loans may not be reborrowed. Within the foregoing limits of clause (b) above and subject to the terms and conditions set forth herein, the Borrower may borrow, prepay and reborrow Revolving Loans. (b) Subject to the terms and conditions set forth herein, each Term Lender severally (and not jointly) agrees to make a Term Loan in dollars to the Borrower, on the Effective Date, in a principal amount not to exceed such Lender’s Term Loan Commitment, by making immediately available funds available to the Administrative Agent’s designated account not later than the time specified by the Administrative Agent. Amounts prepaid or repaid in respect of Term Loans may not be reborrowed.

Appears in 2 contracts

Sources: Credit Agreement (Advisory Board Co), Credit Agreement (Advisory Board Co)

Commitments. (a) Subject to the terms and conditions set forth herein, (a) each Lender that was a Lender under and as defined in the Original Credit Agreement agrees to continue the Original Revolving Loans and each Lender severally (and not jointly) agrees to make Revolving Loans in Agreed Currencies to the Borrower from time to time during the Availability Period in an aggregate principal amount that will not result (after giving effect to any application of proceeds of such Borrowing pursuant to Section 2.10(a)) in (i) the Dollar Amount of such Lender’s Revolving Exposure exceeding such Lender’s Revolving Commitment, Commitment or (ii) the Dollar Amount of the Aggregate Revolving Credit Exposure exceeding the aggregate Revolving Commitments or Commitment and (iiib) each Term Lender severally (and not jointly) agrees to make a Term Loan to the Dollar Amount of Borrower on the total outstanding Revolving Loans and LC ExposureEffective Date, in an amount equal to such Lender’s Term Loan Commitment, in each case denominated in Foreign Currencies, exceeding by making immediately available funds available to the Foreign Currency SublimitAdministrative Agent’s designated account. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrower may borrow, prepay and reborrow Revolving Loans. (b) Subject to the terms and conditions set forth herein, each Term Lender severally (and not jointly) agrees to make a Term Loan in dollars to the Borrower, on the Effective Date, in a principal amount not to exceed such Lender’s Term Loan Commitment, by making immediately available funds available to the Administrative Agent’s designated account not later than the time specified by the Administrative Agent. Amounts repaid or prepaid or repaid in respect of Term Loans may not be reborrowed.

Appears in 2 contracts

Sources: Credit Agreement (Exco Resources Inc), Credit Agreement (Exco Resources Inc)

Commitments. (a) Subject to the terms and conditions set forth herein, each Revolving Lender severally (and not jointly) agrees to make Revolving Loans in Agreed Currencies dollars to the Borrower from time to time during the Availability Period in an aggregate principal amount that will not result (after giving effect to any application of proceeds of such Borrowing pursuant to Section 2.10(a)) in (i) the Dollar Amount of such Lender’s Revolving Exposure exceeding such Lender’s Revolving Commitment, Commitment or (ii) the Dollar Amount of the Aggregate Revolving Exposure exceeding the aggregate Revolving Commitments or (iii) the Dollar Amount of the total outstanding Revolving Loans and LC Exposure, in each case denominated in Foreign Currencies, exceeding the Foreign Currency SublimitCommitments. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrower may borrow, prepay and reborrow Revolving Loans. (b) Subject to the terms and conditions set forth herein, each Original Term Lender severally (and not jointly) agrees to make a an Original Term Loan in dollars to the Borrower, on the Effective Date, in a principal amount not to exceed such Lender’s Original Term Loan Commitment, by making immediately available funds available to the Administrative Agent’s designated account not later than the time specified by the Administrative Agent. Amounts prepaid or repaid in respect of Original Term Loans may not be reborrowed. (c) Subject to the terms and conditions set forth herein, each New Term Lender severally agrees to make a New Term Loan in dollars to the Borrower, on the First Amendment Effective Date, in a principal amount not to exceed such Lender’s New Term Commitment. Amounts prepaid or repaid in respect of New Term Loans may not be reborrowed.

Appears in 2 contracts

Sources: Credit Agreement (Planet Fitness, Inc.), Credit Agreement (Planet Fitness, Inc.)

Commitments. (a) Subject to the terms and conditions set forth herein, each Revolving Lender severally (and not jointly) agrees to make Revolving Loans revolving loans in Agreed Currencies dollars to the Borrower Borrowers from time to time during the Availability Period in an aggregate principal amount that will not result (after giving effect to any application of proceeds of such Borrowing pursuant to Section 2.10(a2.09(a)) in (i) the Dollar Amount of such Lender’s Revolving Exposure exceeding such Lender’s Revolving Commitment, Commitment or (ii) the Dollar Amount of the Aggregate Revolving Exposure exceeding the aggregate Revolving Commitments or (iii) the Dollar Amount of the total outstanding Revolving Loans and LC Exposure, in each case denominated in Foreign Currencies, exceeding the Foreign Currency SublimitCommitments. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrower Borrowers may borrow, prepay and reborrow Revolving Loans. (b) Subject to the terms and conditions set forth herein, each Term A Lender severally (and not jointly) agrees to make a Term A Loan in dollars to the BorrowerBorrowers, on the Effective Date, in a principal amount not to exceed such Lender’s Term Loan A Commitment, by making immediately available funds available to the Administrative Agent’s designated account not later than the time specified by the Administrative Agent. Amounts prepaid or repaid in respect of Term A Loans may not be reborrowed.

Appears in 1 contract

Sources: Credit Agreement (CSW Industrials, Inc.)

Commitments. Prior to the Effective Date, certain loans were previously made to the Borrowers under the Existing Credit Agreement which remain outstanding as of the date of this Agreement (a) such outstanding loans being hereinafter referred to as the “Existing Loans”). Subject to the terms and conditions set forth in this Agreement, the Borrowers and each of the Lenders agree that on the Effective Date but subject to the satisfaction of the conditions precedent set forth in Section 4.01 and the reallocation and other transactions described in Section 1.05, the Existing Loans shall, as of the Effective Date, be reevidenced as Loans under this Agreement and the terms of the Existing Loans shall be restated in their entirety and shall be evidenced by this Agreement. Subject to the terms and conditions set forth herein, each Revolving Lender severally (and not jointly) agrees to make Revolving Loans to the Borrowers in Agreed Currencies to the Borrower from time to time during the Availability Period in an aggregate principal amount that will not result (after giving effect to any application of proceeds of such Borrowing pursuant to Section 2.10(a)) in (ia) subject to Sections 2.04 and 2.11(b), such Lender’s Revolving Credit Exposure exceeding the Dollar Amount of such Lender’s Revolving Exposure exceeding such Lender’s Revolving Commitment, (iib) subject to Sections 2.04 and 2.11(b), the sum of the Dollar Amount of the Aggregate total Revolving Exposure Credit Exposures exceeding the aggregate Revolving Commitments or Aggregate Commitment, (iiic) 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 or (d) subject to Sections 2.04 and 2.11(b), the total Revolving Credit Exposures in respect of Foreign Subsidiary Borrowers exceeding the Foreign Subsidiary Borrower Sublimit. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrower Borrowers may borrow, prepay and reborrow Revolving Loans. (b) Subject to the terms and conditions set forth herein, each Term Lender severally (and not jointly) agrees to make a Term Loan in dollars to the Borrower, on the Effective Date, in a principal amount not to exceed such Lender’s Term Loan Commitment, by making immediately available funds available to the Administrative Agent’s designated account not later than the time specified by the Administrative Agent. Amounts prepaid or repaid in respect of Term Loans may not be reborrowed.

Appears in 1 contract

Sources: Credit Agreement (MATERION Corp)

Commitments. (a) Subject to the terms and conditions set forth herein, each Revolving Lender severally agrees (and not jointlya) agrees to make a Term A Loan in Dollars to the Parent Borrower on the Closing Date in an aggregate principal amount not exceeding its Term A Commitment, (b) [reserved], (c) to make Term B USD Loans in Dollars to the Parent Borrower on the Closing Date in an aggregate principal amount not exceeding its Term B USD Commitment, (d) to make Term B EUR Loans in Euro to the Parent Borrower on the Closing Date in an aggregate principal amount not exceeding its Term B EUR Commitment and (e) to make USD/Multicurrency Revolving Loans in Agreed Dollars or Alternative Currencies to the Parent Borrower and any Additional Borrowers, from time to time during the Revolving Availability Period in an aggregate principal amount that will not result (after giving effect to any application of proceeds of such Borrowing pursuant to Section 2.10(a)) in (i) the Dollar Amount Equivalent of such Lender’s USD/Multicurrency Revolving Exposure exceeding such Lender’s USD/Multicurrency Revolving Commitment, (ii) the aggregate Dollar Amount Equivalent of the Aggregate USD/Multicurrency Revolving Exposure of all Lenders exceeding the aggregate USD/Multicurrency Revolving Commitments Commitment of all Lenders or (iii) the Dollar Amount Equivalent of the total outstanding aggregate Multicurrency Revolving Loans and LC Exposure, in each case denominated in Foreign Currencies, Exposure exceeding the Foreign Currency Multicurrency Revolving Sublimit. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrower Borrowers may borrow, prepay and reborrow Revolving Loans. (b) Subject to the terms and conditions set forth herein, each Term Lender severally (and not jointly) agrees to make a Term Loan in dollars to the Borrower, on the Effective Date, in a principal amount not to exceed such Lender’s Term Loan Commitment, by making immediately available funds available to the Administrative Agent’s designated account not later than the time specified by the Administrative Agent. Amounts prepaid or repaid in respect of Term Loans may not be reborrowed.

Appears in 1 contract

Sources: Credit Agreement (Coty Inc.)

Commitments. (a) Subject to the terms and conditions set forth herein, each Revolving Initial Term Lender severally (severally, and not jointly) , agrees to make Revolving Initial Term Loans in Agreed Currencies to the Borrower from time to time during on the Availability Period Third Amendment Effective Date in an aggregate Dollars in a principal amount that will not result (after giving effect to any application of proceeds of such Borrowing pursuant to Section 2.10(a)) in (i) the Dollar Amount of such Lender’s Revolving Exposure exceeding such Lender’s Revolving exceed its Initial Term Loan Commitment, (ii) the Dollar Amount of the Aggregate Revolving Exposure exceeding the aggregate Revolving Commitments or (iii) 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 Borrower may borrow, prepay and reborrow Revolving Loans. (b) Subject to the terms and conditions set forth herein, each 2022 Incremental Term Lender severally (severally, and not jointly) , agrees to make a 2022 Incremental Term Loan in dollars Loans to the Borrower, Borrower on the Fourth Amendment Effective Date, Date in Dollars in a principal amount not to exceed such Lender’s its 2022 Incremental Term Loan Commitment, by making immediately available funds available . (c) Subject to the Administrative Agent’s designated account terms and conditions of this Agreement, each Lender and each Additional Lender with an Additional Term Commitment for a given Class of Incremental Term Loans severally, and not later than jointly, agrees to make Additional Term Loans of such Class to the Borrower, which Additional Term Loans shall not exceed for any such Lender or Additional Lender at the time specified by of any incurrence thereof, the Administrative AgentAdditional Term Commitment of such Lender or Additional Lender for such Class on the date of borrowing of such Additional Term Loans. Amounts repaid or prepaid or repaid in respect of such Additional Term Loans may not be reborrowed.

Appears in 1 contract

Sources: First Lien Credit Agreement (Hayward Holdings, Inc.)

Commitments. (a) Subject to the terms and conditions set forth herein, each Revolving Lender severally (and not jointly) agrees to make Revolving Loans in Agreed Currencies dollars to the Borrower from time to time during the Availability Period in an aggregate principal amount that will not result (after giving effect to any application of proceeds of such Borrowing pursuant to Section 2.10(a)) in (i) the Dollar Amount of such Lender’s Revolving Exposure exceeding such Lender’s Revolving Commitment, Commitment or (ii) the Dollar Amount of the Aggregate Revolving Exposure exceeding the aggregate Revolving Commitments or (iii) the Dollar Amount of the total outstanding Revolving Loans and LC Exposure, in each case denominated in Foreign Currencies, exceeding the Foreign Currency SublimitCommitments. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrower may borrow, prepay and reborrow Revolving Loans. (b) Subject to the terms and conditions set forth herein, each Term A Lender severally (and not jointly) agrees to make a Term Loan A Loans in dollars to the Borrower, commencing on the Effective Date, and continuing through and including the Term A Draw Expiration Date in a an aggregate principal amount not to exceed such Lender’s Term Loan A Commitment, by making immediately available funds available to the Administrative Agent’s designated account not later than the time specified by the Administrative Agent. Amounts prepaid or repaid in respect of Term A Loans (or converted to either a Term A-1 Converted Loan or a Term A-2 Converted Loan) may not be reborrowed.

Appears in 1 contract

Sources: Credit Agreement (JOINT Corp)

Commitments. (a) Subject to the terms and conditions set forth herein, each Revolving Lender (severally (and not jointly) agrees to make Revolving Loans to the Lead Borrower in Agreed Currencies to the Borrower from time to time during the Revolving Credit Availability Period in an aggregate principal amount that will not result (after giving effect to any application of proceeds of such Borrowing to any Swingline Loans outstanding pursuant to Section 2.10(a2.05(d)) in in, subject to Sections 2.04 and 2.11(b), (i) the Dollar Amount of such Lender’s Revolving Credit Exposure exceeding such Lender’s Revolving Commitment, (ii) the Dollar Amount of the Aggregate Total Revolving Credit Exposure exceeding the aggregate Revolving Commitments or and (iii) the Dollar Amount of the total outstanding Revolving Loans and LC ExposureLoans, 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 Lead Borrower may borrow, prepay and reborrow Revolving Loans. (b) Subject to the terms and conditions set forth herein, each Term Lender with a Term Loan Commitment (severally (and not jointly) agrees to make a Term Loan in dollars to the Borrower, Lead Borrower in Dollars in a single drawing on the Effective Date, in a principal an amount not equal to exceed such Lender▇▇▇▇▇▇’s Term Loan Commitment, Commitment on the Effective Date by making immediately available funds available to the Administrative Agent’s designated account account, not later than the time specified by the Administrative Agent. . (c) Amounts repaid or prepaid or repaid in respect of any Term Loans may not be reborrowed.

Appears in 1 contract

Sources: Credit Agreement (ESAB Corp)

Commitments. (a) Subject to the terms and conditions set forth herein, (a) each Revolving Lender (severally (and not jointly) agrees to make Revolving Loans to the Borrowers in Agreed Loan Currencies to the Borrower from time to time during the Availability Period in an aggregate principal amount that will not result (after giving effect not, subject to fluctuations in currency exchange rates and Section 2.11.2 and subject to any application of proceeds of such Borrowing to any Swingline Loans outstanding pursuant to Section 2.10(a2.10(a)(i)) , result in (i) subject to Section 2.04, the Dollar Amount of such Lender’s Revolving Credit Exposure exceeding such Lender’s Revolving Commitment, (ii) subject to Section 2.04, the Dollar Amount of the Aggregate Total Revolving Exposure Credit Exposures exceeding the aggregate Revolving Commitments or Commitments, (iii) subject to Section 2.04, the sum of the aggregate principal Dollar Amount of all Loans outstanding to Affiliate Borrowers exceeding the Affiliate Borrower Sublimit or (iv) subject to Section 2.04, the Dollar Amount of the total outstanding Revolving Loans and LC Exposure, in each case denominated in Foreign Currencies, exceeding the Foreign Currency Sublimit, and (b) each Term Lender with a Term Loan Commitment (severally and not jointly) agrees to make a Term Loan to the Company in Dollars in a single drawing on the Closing Date, in an amount equal to such Lender’s Term Loan Commitment by making immediately available funds available to the Administrative Agent’s designated account, not later than the time specified by the Administrative Agent. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrower Borrowers may borrow, prepay and reborrow Revolving Loans. (b) Subject to the terms and conditions set forth herein, each Term Lender severally (and not jointly) agrees to make a Term Loan in dollars to the Borrower, on the Effective Date, in a principal amount not to exceed such Lender’s Term Loan Commitment, by making immediately available funds available to the Administrative Agent’s designated account not later than the time specified by the Administrative Agent. Amounts repaid or prepaid or repaid in respect of Term Loans may not be reborrowed.

Appears in 1 contract

Sources: Credit Agreement (nVent Electric PLC)

Commitments. (a) Subject to the terms and conditions set forth herein, (a) each Revolving Lender (severally (and not jointly) agrees to make Revolving Loans in Agreed Currencies to the Borrower in Available Currencies from time to time during the Revolving Availability Period in an aggregate principal amount that will not result (after giving effect to any application of proceeds of such Borrowing pursuant to Section 2.10(a)) in (i) subject to Sections 2.10(b) and 2.19, the Dollar Amount of such Lender’s Revolving Credit Exposure exceeding such Lender’s Revolving Commitment, (ii) subject to Sections 2.10(b) and 2.19, the sum of the Dollar Amount of the Aggregate total Revolving Exposure Credit Exposures exceeding the aggregate Revolving Commitments or (iii) subject to Sections 2.10(b) and 2.19, the Dollar Amount of the total outstanding Revolving Loans and LC Exposure, in each case denominated in Foreign Currencies, exceeding the Foreign Currency Sublimit, and (b) each Term Lender with a Term Loan Commitment (severally and not jointly) agrees to make a Term Loan to the Borrower in Dollars on the Effective Date, in an amount equal to such Lender’s Term Loan Commitment by making immediately available funds available to the Administrative Agent’s designated account, not later than the time specified by the Administrative Agent. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrower may borrow, prepay and reborrow Revolving Loans. (b) Subject to the terms and conditions set forth herein, each Term Lender severally (and not jointly) agrees to make a Term Loan in dollars to the Borrower, on the Effective Date, in a principal amount not to exceed such Lender’s Term Loan Commitment, by making immediately available funds available to the Administrative Agent’s designated account not later than the time specified by the Administrative Agent. Amounts repaid or prepaid or repaid in respect of Term Loans may not be reborrowed.

Appears in 1 contract

Sources: Credit Agreement (Acxiom Corp)

Commitments. (a) Subject to the terms and conditions set forth herein, (a) each Term Lender severally agrees to make a Term Loan in US Dollars to the Borrower on the Effective Date (the “Initial Term Loans”) in an aggregate amount not to exceed such Term Lender’s Initial Term Commitment and (b) each Revolving Lender severally (and not jointly) agrees to make Revolving Loans revolving loans in Agreed Currencies US Dollars to the Borrower from time to time on any Business Day during the Availability Period (the “Revolving Loans”) in an aggregate principal amount that will not result (after giving effect to any application of proceeds of such Borrowing pursuant to Section 2.10(a)) in (i) the Dollar Amount of such Lender’s Revolving Credit Exposure exceeding such Lender’s Revolving Commitment, Commitment or (ii) the Dollar Amount of the Aggregate Revolving Exposure exceeding the aggregate Revolving Commitments or (iii) the Dollar Amount sum of the total Revolving Credit Exposures plus the aggregate principal amount of outstanding Revolving Competitive Loans and LC Exposure, in each case denominated in Foreign Currencies, exceeding the Foreign Currency Sublimittotal Revolving Commitments. Amounts borrowed as Term Loans under this Section 2.01 and subsequently repaid or prepaid may not be reborrowed. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrower may borrow, prepay and reborrow Revolving Loans. (b) Subject to the terms and conditions set forth herein, each Term Lender severally (and not jointly) agrees to make a Term Loan in dollars to the Borrower, on the Effective Date, in a principal amount not to exceed such Lender’s Term Loan Commitment, by making immediately available funds available to the Administrative Agent’s designated account not later than the time specified by the Administrative Agent. Amounts prepaid or repaid in respect of Term Loans may not be reborrowed.

Appears in 1 contract

Sources: Credit Agreement (Convergys Corp)

Commitments. (a) Subject to the terms and conditions set forth herein, (a) each Revolving Lender (severally (and not jointly) agrees to make Revolving Loans in Agreed Currencies to the Borrower in Dollars from time to time during the Availability Period in an aggregate principal amount that will not result (after giving effect to any application of proceeds of such Borrowing pursuant to Section 2.10(a)2.10) in (i) the Dollar Amount of such Lender’s Revolving Credit Exposure exceeding such Lender’s Revolving Commitment, Commitment or (ii) the Dollar Amount sum of the Aggregate total Revolving Exposure Credit Exposures exceeding the aggregate Revolving Commitments or Commitments, (iiib) each Term A-1 Lender with a Term A-1 Loan Commitment (severally and not jointly) agrees, until the Dollar Amount of Term A-1 Commitment Termination Date, to make a Term A-1 Loan to the total outstanding Revolving Loans and LC ExposureBorrower in Dollars on the Term A-1 Commitment Effective Date, in an amount equal to such Lender’s Term A-1 Loan Commitment by making immediately available funds available to the Administrative Agent’s designated account, not later than the time specified by the Administrative Agent, and (c) each case denominated Term A-2 Lender with a Term A-2 Loan Commitment (severally and not jointly) agrees, until the Term A-2 Commitment Termination Date, to make a Term A-2 Loan to the Borrower in Foreign CurrenciesDollars on the Term A-2 Commitment Effective Date, exceeding in an amount equal to such Lender’s Term A-2 Loan Commitment by making immediately available funds available to the Foreign Currency SublimitAdministrative Agent’s designated account, not later than the time specified by the Administrative Agent. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrower may borrow, prepay and reborrow Revolving Loans. (b) Subject to the terms and conditions set forth herein, each Term Lender severally (and not jointly) agrees to make a Term Loan in dollars to the Borrower, on the Effective Date, in a principal amount not to exceed such Lender’s Term Loan Commitment, by making immediately available funds available to the Administrative Agent’s designated account not later than the time specified by the Administrative Agent. Amounts repaid or prepaid or repaid in respect of the Term Loans may not be reborrowed.

Appears in 1 contract

Sources: Credit Agreement (Ugi Corp /Pa/)

Commitments. (a) Subject to the terms and conditions set forth herein, (a) each Revolving Lender severally (and not jointly) agrees to make Revolving Loans to the Borrower in Agreed Currencies to the Borrower from time to time during the Availability Period in an aggregate principal amount that will not result (after giving effect in, subject to any application of proceeds of such Borrowing pursuant to Section 2.10(aSections 2.04 and 2.11(c)) in , (i) the Dollar Amount of such Lender’s Revolving Credit Exposure exceeding such Lender’s Revolving Commitment, (ii) the Dollar Amount of the total Revolving Credit Exposures of all Lenders exceeding the Aggregate Revolving Exposure exceeding the aggregate Revolving Commitments Commitment or (iii) the Dollar Amount of the total outstanding Revolving Loans and LC Exposure, in each case denominated in Foreign Currencies, exceeding the Foreign Currency Sublimit, and (b) each Term Lender agrees to make Term Loans to the Borrower in U.S. Dollars on the Effective Date in an aggregate amount not to exceed such Lender’s Term Loan Commitment. Within the foregoing limits and subject to the terms and conditions set forth gsdocs\8126959.10 herein, the Borrower may borrow, prepay and reborrow Revolving Loans. (b) Subject to the terms and conditions set forth herein, each Term Lender severally (and not jointly) agrees to make a Term Loan in dollars to the Borrower, on the Effective Date, in a principal amount not to exceed such Lender’s Term Loan Commitment, by making immediately available funds available to the Administrative Agent’s designated account not later than the time specified by the Administrative Agent. Amounts repaid or prepaid or repaid in respect of Term Loans may not be reborrowed.

Appears in 1 contract

Sources: Credit Agreement (Progress Software Corp /Ma)

Commitments. (a) Subject to the terms and conditions set forth herein, (a) each Revolving Lender severally (and not jointly) agrees to make Revolving Loans to the Borrowers in Agreed Currencies to the Borrower from time to time during the Availability Period in an aggregate principal amount that will not result (after giving effect to any application of proceeds of such Borrowing pursuant to Section 2.10(a)) 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 Revolving Commitment, (ii) subject to Sections 2.04 and 2.11(b), the sum of the Dollar Amount of the Aggregate total Revolving Exposure Credit Exposures exceeding the aggregate Revolving Commitments 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, and (b) each Term Lender with a Term Loan Commitment agrees to make a Term Loan to the Borrowers in Dollars on the Effective Date, in an amount equal to such Lender’s Term Loan Commitment by making immediately available funds available to the Administrative Agent’s designated account, not later than the time specified by the Administrative Agent. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrower Borrowers may borrow, prepay and reborrow Revolving Loans. (b) Subject to the terms and conditions set forth herein, each Term Lender severally (and not jointly) agrees to make a Term Loan in dollars to the Borrower, on the Effective Date, in a principal amount not to exceed such Lender’s Term Loan Commitment, by making immediately available funds available to the Administrative Agent’s designated account not later than the time specified by the Administrative Agent. Amounts repaid or prepaid or repaid in respect of Term Loans may not be reborrowed.

Appears in 1 contract

Sources: Credit Agreement (Vonage Holdings Corp)

Commitments. (a) Subject to the terms and conditions and relying upon the representations and warranties herein set forth hereinforth: (a) each Tranche A Lender agrees, severally and not jointly, to make a Tranche A Loan, denominated in Euros, to the U.K. Borrower on the Closing Date in a principal amount not to exceed its Tranche A Commitment, (b) each Tranche B Lender agrees, severally and not jointly, to make a Tranche B Loan, denominated in dollars, to the U.S. Borrower on the Closing Date in a principal amount not to exceed its Tranche B Commitment, (c) each Revolving Lender agrees, severally (and not jointly) agrees , to make Revolving Loans Loans, denominated in Agreed Currencies dollars, Euros or Sterling, to the Borrower NDS Finance from time to time during the Revolving Availability Period in an aggregate principal amount that will not result (after giving effect to any application of proceeds of in such Borrowing pursuant to Section 2.10(a)) in (i) the Dollar Amount of such Revolving Lender’s Revolving Exposure exceeding such Revolving Lender’s Revolving Commitment, (ii) the Dollar Amount of the Aggregate Revolving Exposure exceeding the aggregate Revolving Commitments or (iii) 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 Borrower NDS Finance may borrow, prepay and reborrow Revolving Loans. (b) Subject to the terms and conditions set forth herein, each Term Lender severally (and not jointly) agrees to make a Term Loan in dollars to the Borrower, on the Effective Date, in a principal amount not to exceed such Lender’s Term Loan Commitment, by making immediately available funds available to the Administrative Agent’s designated account not later than the time specified by the Administrative Agent. Amounts paid or prepaid or repaid in respect of Term Loans may not be reborrowed.

Appears in 1 contract

Sources: Credit Agreement (NDS Group Holdings, LTD)

Commitments. (a) Subject to the terms and conditions set forth herein, each Revolving Lender severally (and not jointly) agrees to make Revolving Tranche B Term Loans in Agreed Currencies Dollars to the Borrower from time to time during Borrower, in each case on the Availability Period Closing Date, in an aggregate principal amount that will not result (after giving effect to any application of proceeds of such Borrowing pursuant to Section 2.10(a)) in (i) such Lender’s Tranche B Term Loans exceeding such Lender’s Tranche B Term Commitment or (ii) the Dollar Amount aggregate principal amount of all Tranche B Term Loans exceeding the aggregate Tranche B Term Commitments of all Lenders. Amounts repaid or prepaid in respect of Tranche B Term Loans may not be re-borrowed. (b) Subject to the terms and conditions set forth herein, each Lender agrees to make Revolving Loans to the Borrower, in each case from time to time during the Revolving Availability Period, in Dollars in an aggregate principal amount that will not result in (i) such Lender’s Revolving Exposure exceeding such Lender’s Revolving Commitment, Commitment or (ii) the Dollar Amount of the Aggregate Revolving Exposure exceeding the aggregate Aggregate Revolving Commitments or (iii) the Dollar Amount of the total outstanding Revolving Loans and LC Exposure, in each case denominated in Foreign Currencies, exceeding the Foreign Currency SublimitCommitment. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrower may borrow, prepay and reborrow Revolving Loans. (b) Subject to the terms and conditions set forth herein, each Term Lender severally (and not jointly) agrees to make a Term Loan in dollars to the Borrower, on the Effective Date, in a principal amount not to exceed such Lender’s Term Loan Commitment, by making immediately available funds available to the Administrative Agent’s designated account not later than the time specified by the Administrative Agent. Amounts prepaid or repaid in respect of Term Loans may not be reborrowed.

Appears in 1 contract

Sources: Credit Agreement (SemGroup Corp)

Commitments. (a) Subject to the terms and conditions set forth herein, (a) each Revolving Lender severally (and not jointly) agrees to make Revolving Loans to the Borrower in Agreed Currencies to the Borrower from time to time during the Availability Period in an aggregate principal amount that will not result (after giving effect in, subject to any application of proceeds of such Borrowing pursuant to Section 2.10(aSections 2.04 and 2.11(c)) in , (i) the Dollar Amount of such Lender’s Revolving Credit Exposure exceeding such Lender’s Revolving Commitment, (ii) the Dollar Amount of the Aggregate Total Revolving Credit Exposure exceeding the aggregate Aggregate Revolving Commitments Commitment or (iii) the Dollar Amount of the total outstanding Revolving Loans and LC Exposure, in each case denominated in Foreign Currencies, exceeding the Foreign Currency Sublimit, and (b) each Term Lender agrees to make Term Loans and/or to continue Term Loans in accordance with Section 9.19 (as applicable) to the Borrower in U.S. Dollars on the Effective Date in an aggregate amount not to exceed such Lender’s Term Loan Commitment. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrower may borrow, prepay and reborrow Revolving Loans. (b) Subject to the terms and conditions set forth herein, each Term Lender severally (and not jointly) agrees to make a Term Loan in dollars to the Borrower, on the Effective Date, in a principal amount not to exceed such Lender’s Term Loan Commitment, by making immediately available funds available to the Administrative Agent’s designated account not later than the time specified by the Administrative Agent. Amounts repaid or prepaid or repaid in respect of Term Loans may not be reborrowed.

Appears in 1 contract

Sources: Credit Agreement (Progress Software Corp /Ma)

Commitments. (a) Subject to the terms and conditions set forth herein, each Revolving Lender severally (and not jointly) L▇▇▇▇▇ agrees to make Revolving Loans in Agreed Currencies to the Borrower from time to time on any Business Day during the Revolving Availability Period in an aggregate principal amount that will not result (after giving effect to any application of proceeds of such Borrowing pursuant to Section 2.10(a)) in (i) the Dollar Amount of such LenderL▇▇▇▇▇’s Revolving Credit Exposure exceeding such LenderL▇▇▇▇▇’s Revolving Commitment, Commitment or (ii) the Dollar Amount of the Aggregate total Revolving Exposure Credit Exposures exceeding the aggregate total Revolving Commitments or (iii) the Dollar Amount of the total outstanding Revolving Loans and LC Exposure, in each case denominated in Foreign Currencies, exceeding the Foreign Currency SublimitCommitments. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrower may borrow, prepay repay and reborrow Revolving the Loans. (b) Subject to the terms and conditions set forth herein, each Term Lender severally (and not jointly) L▇▇▇▇▇ agrees to make a Term Loan in dollars Loans to the Borrower, Borrower on the Effective Date, Closing Date in a an aggregate principal amount that will not to exceed result in (i) such Lender’s Term Loan Commitment, by making immediately available funds available to Credit Exposure exceeding such Lender’s Term Commitment or (ii) the Administrative Agent’s designated account not later than total Term Credit Exposures exceeding the time specified total Term Commitments. The Term Commitments shall be permanently reduced by the Administrative Agent. Amounts prepaid or amount of each Term Loan when made and amounts repaid in respect of the Term Loans may not be reborrowedre-borrowed under any circumstance.

Appears in 1 contract

Sources: Credit Agreement (Diversified Energy Co PLC)

Commitments. (a) Subject to the terms and conditions set forth herein, each Revolving Lender severally (and not jointly) agrees to make Revolving Loans in Agreed Currencies dollars to the Borrower from time to time during the Availability Period in an aggregate principal amount that will not result (after giving effect to any application of proceeds of such Borrowing pursuant to Section 2.10(a)) in (ia) the Dollar Amount of such Lender’s Revolving Credit Exposure exceeding such Lender’s Revolving Commitment, Commitment or (iib) the Dollar Amount of the Aggregate Revolving Exposure exceeding the aggregate Revolving Commitments or (iii) the Dollar Amount sum of the total outstanding Revolving Loans and LC Exposure, in each case denominated in Foreign Currencies, Credit Exposures exceeding the Foreign Currency Sublimittotal Revolving Commitments. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrower may borrow, prepay and reborrow Revolving Loans. (b) Subject to the terms and conditions set forth herein, (i) each Term Lender severally (and not jointly) agrees to make a Term Loan in dollars Loans to the Borrower, Borrower on the Effective Date, Date in a an aggregate principal amount not equal to exceed such Lender’s its Term Loan Commitment, by making immediately available funds available Commitment and (ii) each Increasing Lender severally agrees to make Incremental Term Loans to the Administrative Agent’s designated account not later than Borrower on the time specified by Commitment Date applicable to any such Incremental Term Loans in which such Increasing Lender participates in accordance with Section 2.20. Term Loans, to the Administrative Agent. Amounts extent prepaid or repaid in respect of Term Loans repaid, may not be reborrowed.

Appears in 1 contract

Sources: Credit Agreement (Symantec Corp)

Commitments. (a) Subject to the terms and conditions set forth herein, each Revolving Lender severally (and not jointly) agrees to make Revolving Loans to the Borrowers in Agreed Currencies to the Borrower from time to time during the Availability Period in an aggregate principal amount that will not result (after giving effect to any application of proceeds of such Borrowing pursuant to Section 2.10(a)) in (i) such Lender’s Revolving Credit Exposure exceeding the Dollar Amount of such Lender’s Revolving Exposure exceeding such Lender’s Revolving Commitment, Commitment or (ii) subject to Section 2.04, the Dollar Amount sum of the total Revolving Credit Exposures exceeding the Aggregate Revolving Exposure exceeding the aggregate Revolving Commitments or (iii) the Dollar Amount of the total outstanding Revolving Loans and LC Exposure, in each case denominated in Foreign Currencies, exceeding the Foreign Currency SublimitCommitment. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrower Borrowers may borrow, prepay and reborrow Revolving Loans. (b) Subject to the terms and conditions set forth herein, herein (i) each Term Lender severally (and not jointly) agrees to make a Tranche B Term Loan in dollars to the Borrower, Company on the Effective Date, in Dollars, in a principal amount not equal to exceed such Lender’s its Tranche B Term Loan Commitment, by making immediately available funds available Commitment and (ii) each Lender that has an Incremental Term Loan Commitment in accordance with the provisions of Section 2.20 agrees to make an Incremental Term Loan to the Administrative Agent’s designated account not later than Company on the time specified by the Administrative Agentapplicable Increase Effective Date for such Incremental Term Loan, in Dollars, in a principal amount equal to its Incremental Term Loan Commitment for such tranche of Incremental Term Loans. Amounts repaid or prepaid or repaid in respect of Term Loans may not be reborrowed.

Appears in 1 contract

Sources: Credit Agreement (Central Garden & Pet Co)

Commitments. (a) Subject to the terms and conditions set forth herein, (a) each Revolving Lender (severally (and not jointly) agrees to make Revolving Loans to the Borrowers in Agreed Currencies to the Borrower from time to time during the Availability Period in an aggregate principal amount that will not result (after giving effect to any application of proceeds of such Borrowing pursuant to Section 2.10(a)) 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 Revolving Commitment, Commitment or (ii) subject to Sections 2.04 and 2.11(b), the Dollar Amount sum of the Aggregate Revolving Exposure exceeding the aggregate Revolving Commitments or (iii) the Dollar Amount of the total outstanding Revolving Loans Credit Exposures exceeding the aggregate Revolving Commitments, and LC Exposure(b) each Term Lender with a Term Loan Commitment (severally and not jointly) agrees to make a Term Loan to the Company in Dollars on the Effective Date, in each case denominated in Foreign Currenciesan amount equal to such Lender’s Term Loan Commitment by making immediately available funds available to the Administrative Agent’s designated account, exceeding not later than the Foreign Currency Sublimittime specified by the Administrative Agent. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrower Borrowers may borrow, prepay and reborrow Revolving Loans. (b) Subject to the terms and conditions set forth herein, each Term Lender severally (and not jointly) agrees to make a Term Loan in dollars to the Borrower, on the Effective Date, in a principal amount not to exceed such Lender’s Term Loan Commitment, by making immediately available funds available to the Administrative Agent’s designated account not later than the time specified by the Administrative Agent. Amounts repaid or prepaid or repaid in respect of Term Loans may not be reborrowed.

Appears in 1 contract

Sources: Credit Agreement (Brown & Brown Inc)

Commitments. (a) Subject to the terms and conditions set forth herein, (a) each Revolving Lender (severally (and not jointly) agrees to make Revolving Loans in Agreed Currencies to the Borrower in Dollars from time to time during the Revolving Availability Period in an aggregate principal amount that will not result (after giving effect to any application of proceeds of such Borrowing pursuant to Section 2.10(a)) in (i) the Dollar Amount of such Lender’s Revolving Credit Exposure exceeding such Lender’s Revolving Commitment, Commitment or (ii) the Dollar Amount of the Aggregate Total Revolving Credit Exposure exceeding the aggregate Revolving Commitments or Commitments, and (iiib) each Term Lender (severally and not jointly) agrees to make Term Loans to the Dollar Amount Borrower in Dollars in a maximum of two (2) draws (it being understood that the total outstanding Revolving initial draw of Term Loans shall occur on the Effective Date in an aggregate principal amount equal to $50,000,000, and LC Exposurethat only one remaining draw of Term Loans shall be available thereafter during the Term Loan Availability Period) in an amount equal to such Lender’s undrawn Term Loan Commitment, in each case denominated in Foreign Currenciesby making immediately available funds available to the Administrative Agent’s designated account, exceeding not later than the Foreign Currency Sublimittime specified by the Administrative Agent. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrower may borrow, prepay and reborrow Revolving Loans. (b) Subject to the terms and conditions set forth herein, each Term Lender severally (and not jointly) agrees to make a Term Loan in dollars to the Borrower, on the Effective Date, in a principal amount not to exceed such Lender’s Term Loan Commitment, by making immediately available funds available to the Administrative Agent’s designated account not later than the time specified by the Administrative Agent. Amounts repaid or prepaid or repaid in respect of Term Loans may not be reborrowed.

Appears in 1 contract

Sources: Credit Agreement (Eagle Pharmaceuticals, Inc.)

Commitments. (a) Subject to the terms and conditions set forth herein, (a) each Term Lender severally agrees to make a Term Loan to the Borrower on the Closing Date denominated in dollars in a principal amount not exceeding its Term Commitment (the “Term Facility”), (b) each Incremental Term Lender severally agrees to make one or more Incremental Term Loans to the Borrower as specified in this Agreement denominated in dollars from time to time in an aggregate principal amount not exceeding its Incremental Term Commitment, and (c) each Revolving Lender severally (and not jointly) agrees to make Revolving Loans in Agreed Currencies to the Borrower denominated in dollars from time to time during the Revolving Availability Period in an aggregate principal amount that which will not result (after giving effect to any application of proceeds of such Borrowing pursuant to Section 2.10(a)) in (i) the Dollar Amount of such Lender’s Revolving Exposure exceeding such Lender’s Revolving Commitment, Commitment (ii) the Dollar Amount of the Aggregate Revolving Exposure exceeding the aggregate Revolving Commitments or (iii) the Dollar Amount of the total outstanding Revolving Loans and LC Exposure, in each case denominated in Foreign Currencies, exceeding the Foreign Currency SublimitFacility”). Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrower may borrow, prepay and reborrow Revolving Loans. (b) Subject to the terms and conditions set forth herein, each Term Lender severally (and not jointly) agrees to make a Term Loan in dollars to the Borrower, on the Effective Date, in a principal amount not to exceed such Lender’s Term Loan Commitment, by making immediately available funds available to the Administrative Agent’s designated account not later than the time specified by the Administrative Agent. Amounts repaid or prepaid or repaid in respect of Term Loans or Incremental Term Loans may not be reborrowed.

Appears in 1 contract

Sources: Credit Agreement (Blue Bird Corp)

Commitments. (a) Subject to the terms and conditions set forth herein, each Revolving the Lender severally (and not jointly) agrees to make Revolving Loans in Agreed Currencies dollars to the Borrower Borrowers from time to time during the Availability Period in an aggregate principal amount that will not result (after giving effect to any application in the Revolving Exposure exceeding the lesser of proceeds of such Borrowing pursuant to Section 2.10(a)) in (i) the Dollar Amount of such Lender’s Revolving Exposure exceeding such Lender’s Revolving Commitment, Commitment or (ii) the Dollar Amount of the Aggregate Revolving Exposure exceeding the aggregate Revolving Commitments or (iii) the Dollar Amount of the total outstanding Revolving Loans and LC Exposure, in each case denominated in Foreign Currencies, exceeding the Foreign Currency SublimitBorrowing Base. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrower may borrow, prepay and reborrow Revolving Loans. (b) Subject to the terms and conditions set forth herein, each Term the Lender severally (and not jointly) agrees to make a Term A Loan in dollars to the BorrowerBorrowers, on the Effective Date, in a principal amount not to exceed such the Lender’s Term Loan A Commitment, by making immediately available funds available to the Administrative Agent’s designated account not later than the time specified by the Administrative Agent. Amounts prepaid or repaid in respect of Term A Loan may not be reborrowed. (c) Subject to the terms and conditions set forth herein, the Lender agrees to make Term B Loans in dollars to the Borrowers, commencing on the Effective Date, and continuing through and including the Term B Draw Expiration Date in an aggregate principal amount not to exceed the lesser of (i) Lender’s Term B Commitment or (ii) the purchase price for the Specified Acquisition plus any customary transaction fees and expenses (including, without limitation, those of advisors and counsel) or integration expenses in connection therewith, provided that the aggregate amount of all such transaction fees and expenses and integration expenses shall not exceed $750,000. Amounts prepaid or repaid in respect of Term B Loans may not be reborrowed.

Appears in 1 contract

Sources: Credit Agreement (InfuSystem Holdings, Inc)

Commitments. (a) Subject to the terms and conditions and relying upon the representations and warranties herein set forth herein, forth: (i) each Revolving Loan Lender severally (and not jointly) agrees to make Revolving Loans in Agreed Currencies to the Borrower Borrowers at any time and from time to time during the Availability Period term of this Agreement, in an aggregate principal amount that will of Revolving Loans at any time outstanding not result (after giving effect to any application of proceeds of such Borrowing pursuant to Section 2.10(a)) in (i) exceed the Dollar Amount amount of such Lender’s Revolving Exposure exceeding such Lender’s Revolving Credit Commitment, ; and (ii) the Dollar Amount of the Aggregate Revolving Exposure exceeding the aggregate Revolving Commitments or (iii) 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 Borrower may borrow, prepay and reborrow Revolving Loans. (b) Subject to the terms and conditions set forth herein, each Term Loan Lender severally (and not jointly) agrees to make a the Term Loan in dollars to the Borrower, Borrowers on the Effective Date, in a an aggregate principal amount not to exceed the amount of such Lender’s Term Loan Commitment, by making immediately available funds available . (b) Notwithstanding the foregoing: (i) The aggregate principal amount of Revolving Loans outstanding at any time to the Administrative Agent’s designated account Borrowers shall not later exceed the Total Revolving Credit Commitment. The Revolving Credit Commitment of each Lender shall automatically and permanently be reduced to zero on the Final Maturity Date. Within the foregoing limits, the Borrowers may borrow, repay and reborrow, the Revolving Loans on or after the Effective Date and prior to the Final Maturity Date, subject to the terms, provisions and limitations set forth herein. Notwithstanding the foregoing, no more than $20,000,000 of the time specified by Revolving Loans shall be advanced on the Administrative AgentEffective Date. (ii) The aggregate principal amount of the Term Loan made on the Effective Date shall not exceed the Total Term Loan Commitment. Amounts Any principal amount of the Term Loan which is repaid or prepaid or repaid in respect of Term Loans may not be reborrowed.

Appears in 1 contract

Sources: Financing Agreement (Waldencast Acquisition Corp.)

Commitments. (a) Subject to the terms set forth herein and solely the conditions set forth in Section 4.03, each Lender having a Term B Loan Commitment (as set forth in the Additional Credit Extension Amendment with respect to the Term B Loans) severally agrees to make a loan (a “Term B Loan”) on the IPO Closing Date to the Term Borrower in Dollars by making immediately available funds to the Term Administrative Agent’s Office not later than the time specified by the Term Administrative Agent, which Term B Loans shall not exceed for any such Lender the Term B Loan Commitment of such Lender. Amounts repaid in respect of Term B Loans may not be reborrowed. (b) Subject to the terms and conditions set forth herein, each Revolving Lender severally (and not jointly) agrees to make Revolving Loans to any Borrower in Agreed Dollars or Alternative Currencies to the Borrower from time to time during the Availability Period in an aggregate principal amount that will not result (after giving effect to any application of proceeds of such Borrowing pursuant to Section 2.10(a)) in (i) the Dollar Amount Equivalent of such Lender’s Revolving Credit Exposure exceeding such Lender’s Revolving Commitment, (ii) the Dollar Amount of the Aggregate Revolving Exposure exceeding the aggregate Revolving Commitments or (iii) 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 Borrower Borrowers may borrow, prepay and reborrow Revolving Loans. (b) Subject to the terms and conditions set forth herein, each Term Lender severally (and not jointly) agrees to make a Term Loan in dollars to the Borrower, on the Effective Date, in a principal amount not to exceed such Lender’s Term Loan Commitment, by making immediately available funds available to the Administrative Agent’s designated account not later than the time specified by the Administrative Agent. Amounts prepaid or repaid in respect of Term Loans may not be reborrowed.

Appears in 1 contract

Sources: Credit Agreement (Dole PLC)

Commitments. (a) Subject to the terms and conditions set forth herein, (a) each Revolving Lender (severally (and not jointly) agrees to make Revolving Loans to the Borrowers in Agreed Currencies to the Borrower from time to time during the Availability Period in an aggregate principal amount that will not result (after giving effect to any application of proceeds of such Borrowing pursuant to Section 2.10(a)) 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 Revolving Commitment, Commitment or (ii) subject to Sections 2.04 and 2.11(b), the Dollar Amount of the Aggregate Total Revolving Credit Exposure exceeding the aggregate Revolving Commitments or Commitments, (iiib) each Term A-1 Lender with a Term A-1 Loan Commitment (severally and not jointly) agrees to make a Term A-1 Loan to the Dollar Amount of Company in Dollars on the total outstanding Revolving Loans and LC ExposureEffective Date, in an amount equal to such Lender’s Term A-1 Loan Commitment by making immediately available funds available to the Administrative Agent’s designated account, not later than the time specified by the Administrative Agent and (c) each case denominated Term A-2 Lender with a Term A-2 Loan Commitment (severally and not jointly) agrees to make a Term A-2 Loan to the Company in Foreign CurrenciesDollars on the Effective Date, exceeding in an amount equal to such Lender’s Term A-2 Loan Commitment by making immediately available funds available to the Foreign Currency SublimitAdministrative Agent’s designated account, not later than the time specified by the Administrative Agent. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrower Borrowers may borrow, prepay and reborrow Revolving Loans. (b) Subject to the terms and conditions set forth herein, each Term Lender severally (and not jointly) agrees to make a Term Loan in dollars to the Borrower, on the Effective Date, in a principal amount not to exceed such Lender’s Term Loan Commitment, by making immediately available funds available to the Administrative Agent’s designated account not later than the time specified by the Administrative Agent. Amounts repaid or prepaid or repaid in respect of Term Loans may not be reborrowed.

Appears in 1 contract

Sources: Credit Agreement (Tennant Co)

Commitments. (a) Subject to the terms and conditions set forth herein, each Revolving Lender severally agrees (a) severally, and not jointly) agrees , to make Revolving term loans to Parent in Dollars in an amount not to exceed its Term Loan Commitment; provided that (i) all such Term Loans in Agreed Currencies shall be incurred by Parent pursuant to a single drawing on the Closing Date and (ii) any Term Loan that is repaid may not be reborrowed; and (b) severally, and not jointly, to make revolving loans to the Borrower Revolving Borrowers from time to time during the Revolving Availability Period in an aggregate principal amount that will not result (after giving effect to any application of proceeds of such Borrowing pursuant to Section 2.10(a)) in (iA) the Dollar Amount of such Lender’s Revolving Facility Credit Exposure exceeding such Lender’s Revolving Commitment, Facility Commitment or (iiB) the Dollar Amount of the Aggregate Revolving Facility Credit Exposure exceeding the total Revolving Facility Commitments, such Revolving Facility Loans to be made in Euros or Dollars, at the election of the applicable Borrower, provided that the aggregate Revolving Commitments or (iii) the Dollar Amount of the total outstanding Facility Credit Exposure with respect to any Revolving Loans and LC Exposure, in each case denominated in Foreign Currencies, exceeding the Foreign Currency Sublimit. Within Borrower shall not exceed such Revolving Borrower’s Maximum Credit Limit; within the foregoing limits and subject to the terms and conditions set forth herein, the Borrower Revolving Borrowers may borrow, prepay and reborrow Revolving Facility Loans. (b) Subject to the terms and conditions set forth herein, each Term Lender severally (and not jointly) agrees to make a Term Loan in dollars to the Borrower, on the Effective Date, in a principal amount not to exceed such Lender’s Term Loan Commitment, by making immediately available funds available to the Administrative Agent’s designated account not later than the time specified by the Administrative Agent. Amounts prepaid or repaid in respect of Term Loans may not be reborrowed.

Appears in 1 contract

Sources: Credit Agreement (New Skies Satellites Holdings Ltd.)

Commitments. (a) Subject to the terms and conditions and relying upon the representations and warranties herein set forth hereinforth, each Revolving Initial Term Lender agrees, severally (and not jointly) agrees , to make Revolving Loans aan Initial Term Loan in Agreed Currencies Dollars to the Borrower from time pursuant to time during a drawing on the Availability Period Escrow Date as set forth herein in an the aggregate principal amount not to exceed its Initial Term Loan Commitment on the Escrow Date; provided that will not result (after giving effect to any application of proceeds of such Borrowing Initial Term Loans shall be deposited with the Escrow Agent in the Escrow Account pursuant to the terms of Section 2.10(a)) 2.18 on the Escrow Date, and while on deposit with the Escrow Agent in (i) the Dollar Amount of such Lender’s Revolving Exposure exceeding such Lender’s Revolving CommitmentEscrow Account, (ii) the Dollar Amount of the Aggregate Revolving Exposure exceeding the aggregate Revolving Commitments or (iii) 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 shall be subject to the terms and conditions set forth herein, the Borrower may borrow, prepay and reborrow Revolving Loansin Section 2.18. (b) Subject to the terms and conditions and relying upon the representations and warranties herein set forth hereinforth, including the satisfaction of the Rollover and Funding Conditions, each Rollover A-2 Term Lender agrees, severally (and not jointly) agrees , to make a Rollover A-2 Term Loan in dollars Dollars to the Borrower, Borrower pursuant to a drawing on the Rollover Effective Date, Date as set forth herein in a the aggregate principal amount not to exceed such Lender’s its Rollover A-2 Term Loan Commitment, by making immediately available funds available to Commitment on the Administrative Agent’s designated account not later than the time specified by the Administrative Agent. Amounts prepaid or repaid in respect of Term Loans may not be reborrowedRollover Effective Date.

Appears in 1 contract

Sources: Short Term Credit Agreement (Novelis Inc.)

Commitments. (a) Subject to the terms and conditions set forth herein, each Revolving Lender severally (and not jointly) agrees to make Revolving Loans in Agreed Currencies dollars to the Borrower Borrowers from time to time during the Availability Period in an aggregate principal amount that will not result (after giving effect to any application of proceeds of such Borrowing pursuant to Section 2.10(a)) in (i) the Dollar Amount of such Lender’s Revolving Lend▇▇’▇ ▇evolving Exposure exceeding such Lender’s Revolving Commitment, Lend▇▇’▇ ▇evolving Commitment or (ii) the Dollar Amount of the Aggregate Revolving Exposure exceeding the lesser of (x) the aggregate Revolving Commitments or and (iiiy) the Dollar Amount of the total outstanding Revolving Loans and LC Exposure, in each case denominated in Foreign Currencies, exceeding the Foreign Currency SublimitBorrowing Base. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrower Borrowers may borrow, prepay and reborrow Revolving Loans. (b) Subject to the terms and conditions set forth herein, each Term Lender severally (and not jointly) agrees to make a Term Loan in dollars to the BorrowerBorrowers, on the Effective Date, in a principal amount not to exceed such Lender’s Term Loan Lend▇▇’▇ ▇erm Commitment, by making immediately available funds available to the Administrative Agent’s designated account not later than the time specified by the Administrative Agent. Amounts prepaid or repaid in respect of Term Loans may not be reborrowed.

Appears in 1 contract

Sources: Credit Agreement (SANUWAVE Health, Inc.)

Commitments. (a) Subject to the terms and conditions set forth herein, each Revolving Lender having an Initial Term A-2 Loan Commitment severally (and not jointly) agrees to make Revolving Loans in Agreed Currencies to the Borrower from time to time during the Availability Period in an aggregate principal amount that will not result (after giving effect to any application of proceeds of such Borrowing pursuant to Section 2.10(a)) in (i) the Dollar Amount of such Lender’s Revolving Exposure exceeding such Lender’s Revolving Commitment, (ii) the Dollar Amount of the Aggregate Revolving Exposure exceeding the aggregate Revolving Commitments or (iii) 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 Borrower may borrow, prepay and reborrow Revolving Loans. (b) Subject to the terms and conditions set forth herein, each Term Lender severally (and not jointly) agrees to make a term loan (an “Initial Term Loan in dollars A-2 Loan”) on the Second Restatement Effective Date to the Borrower, on the Effective Date, Borrower in a principal amount not to exceed such Lender’s Term Loan Commitment, Dollars by making immediately available funds available to the Administrative Agent’s designated account not later than the time on such date specified by the Administrative Agent, which Initial Term A-2 Loans shall not exceed for any such Lender the Initial Term A-2 Loan Commitment of such Lender. Amounts prepaid or repaid in respect of Initial Term A-2 Loans may not be reborrowed. (b) Each Delayed Draw Term A-2 Lender hereby agrees, on the terms and subject solely to the conditions set forth in Section 4.03, to make Delayed Draw Term A-2 Loans in Dollars to the Borrower in a single drawing on the Delayed Draw Term A-2 Loan Funding Date by wire transfer of immediately available funds by 2:00 p.m., New York City time, to the account specified therefor by the Administrative Agent in an aggregate principal amount equal to such Delayed Draw Term A-2 Lender’s Delayed Draw Term A-2 Loan Commitment. The Administrative Agent will make such Delayed Draw Term A-2 Loans available to the Borrower by promptly crediting the amounts so received, in like funds, to an account designated by the Borrower in the applicable Borrowing Request. Amounts borrowed under this Section 2.01(b) and repaid or prepaid may not be reborrowed.

Appears in 1 contract

Sources: Credit Agreement (Cable One, Inc.)

Commitments. (a) Subject to the terms and conditions set forth herein, (a) each Revolving Lender (severally (and not jointly) agrees to make Revolving Loans in Agreed Currencies to the Borrower in Dollars from time to time during the Availability Period in an aggregate principal amount that will not result (after giving effect to any application of proceeds of such Borrowing to any Swingline Loans outstanding pursuant to Section 2.10(a)) in (i) the Dollar Amount amount of such Lender’s Revolving Credit Exposure exceeding such Lender’s Revolving Commitment, Commitment or (ii) the Dollar Amount of the Aggregate Total Revolving Credit Exposure exceeding the aggregate Revolving Commitments or Commitments, (iiib) each Term A-1 Lender with a Term A-1 Loan Commitment (severally and not jointly) agrees to make a Term A-1 Loan to the Dollar Amount of Borrower in Dollars on the total outstanding Revolving Loans and LC ExposureEffective Date, in an amount equal to such Lender’s Term A-1 Loan Commitment by making immediately available funds available to the Administrative Agent’s designated account, not later than the time specified by the Administrative Agent and (c) each case denominated Term A-2 Lender with a Term A-2 Loan Commitment (severally and not jointly) agrees to make a Term A-2 Loan to the Borrower in Foreign CurrenciesDollars on the Effective Date, exceeding in an amount equal to such Lender’s Term A-2 Loan Commitment by making immediately available funds available to the Foreign Currency SublimitAdministrative Agent’s designated account, not later than the time specified by the Administrative Agent. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrower may borrow, prepay and reborrow Revolving Loans. (b) Subject to the terms and conditions set forth herein, each Term Lender severally (and not jointly) agrees to make a Term Loan in dollars to the Borrower, on the Effective Date, in a principal amount not to exceed such Lender’s Term Loan Commitment, by making immediately available funds available to the Administrative Agent’s designated account not later than the time specified by the Administrative Agent. Amounts repaid or prepaid or repaid in respect of Term Loans may not be reborrowed.

Appears in 1 contract

Sources: Credit Agreement (Universal Corp /Va/)

Commitments. (a) Subject to the terms and conditions set forth herein, each Revolving Lender severally (and not jointly) agrees to make Revolving Loans in Agreed Currencies dollars to the Borrower Borrowers from time to time during the Availability Period in an aggregate principal amount that will not result (after giving effect to any application of proceeds of such Borrowing pursuant to Section 2.10(a)) in (ia) the Dollar Amount of such Lender’s Revolving Exposure exceeding such Lender’s Revolving Commitment, Commitment or (iib) the Dollar Amount of the Aggregate Revolving Exposure exceeding the aggregate Revolving Commitments or (iiii) the Dollar Amount lesser of (A) the Aggregate Commitment and (B) the Borrowing Base minus (ii) the Availability Reserves, subject to the Administrative Agent’s authority, in its sole discretion, to make Protective Advances and Overadvances pursuant to the terms of Section 2.04 and Section 2.05; provided that, notwithstanding anything to the foregoingcontrary in this Agreement, the Lenders arewill not requiredbe obligated to make Revolving Loans to the Borrowers on or after the Effective Dateany Borrower during any Reserve Discussion Period that would result in Availability being less than zero after giving effect to the imposition of the total outstanding Revolving Loans and LC Exposure, in each case denominated in Foreign Currencies, exceeding the Foreign Currency Sublimitapplicable proposed Reserve. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrower Borrowers may borrow, prepay and reborrow Revolving Loans. Any Extended Loans made in accordance with Section 2.23 and an Extension Amendment shall be subject to this Article II and shall constitute Loans for all purposes hereunder. (b) Subject to the terms and conditions set forth herein, each Term Lender severally (and not jointly) agrees to make a Term Loan in dollars to the Borrower, on the Effective Date, in a principal amount not to exceed such Lender’s Term Loan Commitment, by making immediately available funds available to the Administrative Agent’s designated account not later than the time specified by the Administrative Agent. Amounts prepaid or repaid in respect of Term Loans may not be reborrowed.

Appears in 1 contract

Sources: Credit Agreement (Kodiak Gas Services, Inc.)

Commitments. (a) Subject to the terms and conditions set forth herein, (a) each Revolving Lender severally (and not jointly) agrees to make Revolving Loans to the Company in Agreed Currencies to the Borrower from time to time during the Availability Period in an aggregate principal amount that will not result (after giving effect in, subject to any application of proceeds of such Borrowing pursuant to Section 2.10(aSections 2.04 and 2.11(c)) in , (i) the Dollar Amount of such Lender’s 's Revolving Credit Exposure exceeding such Lender’s 's Revolving Commitment, (ii) the Dollar Amount of the total Revolving Credit Exposures of all Lenders exceeding the Aggregate Revolving Exposure exceeding the aggregate Revolving Commitments Commitment, or (iii) the Dollar Amount of the total outstanding Revolving Loans and LC Exposure, in each case Credit Exposures of all Lenders denominated in Foreign Currencies, Currencies exceeding the Foreign Currency Multicurrency Sublimit, and (b) each Term Lender agrees to make a Term Loan to the Company in U.S. Dollars on the Effective Date in an amount equal to such Lender's Term Loan Commitment. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrower Company may borrow, prepay and reborrow Revolving Loans. (b) Subject to the terms and conditions set forth herein, each Term Lender severally (and not jointly) agrees to make a Term Loan in dollars to the Borrower, on the Effective Date, in a principal amount not to exceed such Lender’s Term Loan Commitment, by making immediately available funds available to the Administrative Agent’s designated account not later than the time specified by the Administrative Agent. Amounts repaid or prepaid or repaid in respect of Term Loans may not be reborrowed.

Appears in 1 contract

Sources: Credit Agreement (Haemonetics Corp)

Commitments. (a) Subject to the terms and conditions set forth herein, each Revolving Lender severally (and not jointly) agrees to make Revolving Loans in Agreed Currencies dollars to the Borrower from time to time during the Availability Period in an aggregate principal amount that will not result (after giving effect to any application of proceeds of such Borrowing pursuant to Section 2.10(a)) in (i) the Dollar Amount of such Lender▇▇▇▇▇▇’s Revolving Exposure exceeding such Lender▇▇▇▇▇▇’s Revolving Commitment, Commitment or (ii) the Dollar Amount of the Aggregate Revolving Exposure exceeding the aggregate Revolving Commitments or (iii) the Dollar Amount of the total outstanding Revolving Loans and LC Exposure, in each case denominated in Foreign Currencies, exceeding the Foreign Currency SublimitCommitments. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrower may borrow, prepay and reborrow Revolving Loans. (b) Subject to the terms and conditions set forth herein, each Term Lender severally (and not jointly) agrees to make a Term Loan in dollars to the Borrower, on the Effective Date, in a principal amount not to exceed such Lender▇▇▇▇▇▇’s Term Loan Commitment, by making immediately available funds available to the Administrative Agent’s designated account not later than the time specified by the Administrative Agent. The Term Loans outstanding immediately prior to the Amendment No. 1 Effective Date were made in accordance with and pursuant to this Section 2.01(b). As of the Amendment No. 1 Effective Date (immediately after giving effect to the prepayment of such Loans with the proceeds of the Revolving Loans on the Amendment No. 1 Effective Date), all of the Term Loans shall have been repaid in full and no Lender shall have any commitment to fund any additional Term Loans. Amounts prepaid or repaid in respect of Term Loans may not be reborrowed.

Appears in 1 contract

Sources: Credit Agreement (Neptune Insurance Holdings Inc.)

Commitments. (a) Subject to the terms and conditions set forth herein, (a) each Revolving Lender severally (and not jointly) agrees to make Revolving Loans to the Borrower in Agreed Currencies to the Borrower from time to time during the Availability Period in an aggregate principal amount that will not result (after giving effect in, subject to any application of proceeds of such Borrowing pursuant to Section 2.10(aSections 2.04 and 2.11(c)) in , (i) the Dollar Amount of such Lender’s Revolving Credit Exposure exceeding such Lender’s Revolving Commitment, (ii) the Dollar Amount of the Total Revolving Credit Exposures exceeding the Aggregate Revolving Exposure exceeding the aggregate Revolving Commitments Commitment or (iii) the Dollar Amount of the total outstanding Revolving Loans and LC Exposure, in each case denominated in Foreign Currencies, exceeding the Foreign Currency Sublimit, and (b) each Term Lender agrees to make Term Loans to the Borrower in U.S. Dollars on the Effective Date in an aggregate amount not to exceed such Lender’s Term Loan Commitment. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrower may borrow, prepay and reborrow Revolving Loans. (b) Subject to the terms and conditions set forth herein, each Term Lender severally (and not jointly) agrees to make a Term Loan in dollars to the Borrower, on the Effective Date, in a principal amount not to exceed such Lender’s Term Loan Commitment, by making immediately available funds available to the Administrative Agent’s designated account not later than the time specified by the Administrative Agent. Amounts repaid or prepaid or repaid in respect of Term Loans may not be reborrowed.

Appears in 1 contract

Sources: Credit Agreement (Progress Software Corp /Ma)

Commitments. (a) Subject to the terms and conditions set forth herein, each Revolving Lender severally (and not jointly) agrees to make Revolving Loans in Agreed Currencies to the Borrower from time to time during the Availability Period in an aggregate principal amount that will not result (after giving effect to any application of proceeds of such Borrowing pursuant to Section 2.10(a)) in (i) During the Dollar Amount of such Lender’s Revolving Exposure exceeding such Lender’s Revolving CommitmentCommitment Period, (ii) the Dollar Amount of the Aggregate Revolving Exposure exceeding the aggregate Revolving Commitments or (iii) 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 of this Agreement and in reliance upon the representations and warranties of the Credit Parties herein set forth herein, the Borrower may borrow, prepay and reborrow Revolving Loans. (b) Subject to the terms and conditions set forth hereinforth, each Term Lender severally (and not jointly) agrees to make a Term Loan Loans (including, with respect to Alternative Currency Loans, through any Affiliate of such Lender) (a) denominated in dollars Dollars or any Alternative Currency to the Borrower, on (b) denominated in Canadian Dollars to the Effective DateCanadian Subsidiary, (c) denominated in Euros to the Irish Subsidiary, (d) denominated in Dollars to the Bahamian Subsidiary, (e) denominated in Euro to the Dutch Subsidiary, (f) denominated in Dollars to the Singapore Subsidiary or (g) denominated in the applicable Alternative Currency designated by any other Subsidiary Borrower, in a principal an aggregate amount up to but not to exceed exceeding such Lender’s Term Loan Commitment, by making immediately available funds available Commitment as set forth opposite its name on Schedule 2.1A annexed hereto; provided that after giving effect to the Administrative Agentmaking of any Loans, (i) the Total Utilization of Commitments shall not exceed the Commitments; (ii) the aggregate Dollar Amount of all Alternative Currency Loans shall not exceed the Alternative Currency Sublimit; and (iii) the aggregate Dollar Amount of all Loans to any particular Subsidiary Borrower shall not exceed $250,000,000. (ii) Each Lender’s designated account not Commitment shall expire on the Maturity Date and all Loans and all other amounts owed hereunder with respect to the Loans and the Commitment of such Lender shall be paid in full no later than the time specified by the Administrative Agentsuch date. Amounts prepaid or borrowed pursuant to this Section 2.1A may be repaid in respect of Term Loans may not be reborrowedand reborrowed during the Commitment Period.

Appears in 1 contract

Sources: Credit Agreement (Hospira Inc)

Commitments. (a) Subject to the terms and conditions set forth herein, each Revolving Lender (severally (and not jointly) agrees to make Revolving Loans in Agreed Currencies to the Borrower Borrowers in US Dollars or Alternative Currencies from time to time during the Availability Period in an aggregate principal amount that will not result (after giving effect to any application of proceeds of such Borrowing pursuant to Section 2.10(a)) in (i) the Dollar Amount of subject to Sections 1.05 and 2.11(b), such Lender’s Revolving Credit Exposure exceeding such Lender’s Revolving Credit Commitment, (ii) subject to Sections 1.05 and 2.11(b), the Dollar Amount of the Aggregate total Revolving Exposure Credit Exposures exceeding the aggregate total Revolving Credit Commitments or (iii) subject to Sections 1.05 and 2.11(b), the US Dollar Amount Equivalent of the total outstanding Revolving Loans, Foreign Swingline 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 Borrower Borrowers may borrow, prepay and reborrow Revolving Loans. (b) Subject to the terms and conditions set forth herein, upon the request of the Company pursuant to Section 2.03, each Term Loan Lender with a Term Loan Commitment (severally (and not jointly) agrees to make a Term Loan in dollars to the Borrower, on the Effective Date, Company in a principal US Dollars in an amount not equal to exceed such Lender’s Term Loan Commitment, . All such Term Loans shall be made on the same date by making immediately available funds available to the Administrative Agent’s designated account account, not later than the time specified by the Administrative Agent. Such Term Loans shall be made, if at all, during the period beginning on the Effective Date and ending on November 8, 2013; no more than one request for a Term Loan may be made by the Company. Amounts repaid or prepaid or repaid in respect of Term Loans may not be reborrowed.

Appears in 1 contract

Sources: Credit Agreement (Schulman a Inc)

Commitments. (a) Subject to the terms and conditions set forth herein, each Revolving Lender severally (and not jointly) agrees to make Revolving Loans in Agreed Currencies to the Borrower denominated in dollars at any time and from time to time during the Revolving Availability Period in an aggregate principal amount that will not result (after giving effect to any application of proceeds of such Borrowing pursuant to Section 2.10(a)) in (i) the Dollar Amount of such Revolving Lender’s Revolving Exposure exceeding such Lender▇▇▇▇▇▇’s Revolving Commitment, Commitment or (ii) the Dollar Amount of the Aggregate Revolving Exposure exceeding the aggregate Aggregate Revolving Commitments or Commitment. (iiib) Subject to the Dollar Amount of terms and conditions set forth in the total outstanding Revolving Loans and LC ExposureFirst Amendment, in each case Tranche A Term Lender party thereto agreed to make a Tranche A Term Loan denominated in Foreign Currencies, dollars to the Borrower on the First Amendment Effective Date in a principal amount not exceeding the Foreign Currency Sublimit. such Tranche A Term Lender’s Tranche A Term Commitment. (c) Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrower may borrow, prepay and reborrow Revolving Loans. (b) Subject to the terms and conditions set forth herein, each Term Lender severally (and not jointly) agrees to make a Term Loan in dollars to the Borrower, on the Effective Date, in a principal amount not to exceed such Lender’s Term Loan Commitment, by making immediately available funds available to the Administrative Agent’s designated account not later than the time specified by the Administrative Agent. Amounts repaid or prepaid or repaid in respect of the Tranche A Term Loans may not be reborrowed.

Appears in 1 contract

Sources: Credit Agreement (MediaAlpha, Inc.)

Commitments. (a) Subject to the terms and conditions and relying upon the representations and warranties herein set forth herein, forth: (i) each Revolving Loan Lender severally (and not jointly) agrees to make Revolving Loans in Agreed Currencies to the Borrower at any time and from time to time during the Availability Period term of this Agreement, in an aggregate principal amount that will of Revolving Loans at any time outstanding not result (after giving effect to any application of proceeds exceed the amount of such Borrowing pursuant Lender's Revolving Credit Commitment; and (ii) each Term Loan Lender severally agrees to Section 2.10(a)make the Term Loan to the Borrower on the Effective Date, in an aggregate principal amount not to exceed the amount of such Lender's Term Loan Commitment. (b) in Notwithstanding the foregoing: (i) the Dollar Amount The aggregate principal amount of such Lender’s Revolving Exposure exceeding such Lender’s Revolving Commitment, (ii) the Dollar Amount of the Aggregate Revolving Exposure exceeding the aggregate Revolving Commitments or (iii) the Dollar Amount of the total outstanding Revolving Loans outstanding at any time to the Borrower shall not exceed the Total Revolving Credit Commitment. The Revolving Credit Commitment of each Lender shall automatically and LC Exposure, in each case denominated in Foreign Currencies, exceeding permanently be reduced to zero on the Foreign Currency SublimitFinal Maturity Date. Within the foregoing limits and subject to the terms and conditions set forth hereinlimits, the Borrower may borrow, prepay repay and reborrow reborrow, the Revolving Loans. (b) Subject Loans on or after the Effective Date and prior to the terms Final Maturity Date, subject to the terms, provisions and conditions limitations set forth herein, each Term Lender severally (and not jointly) agrees to make a Term Loan in dollars to the Borrower, . No Revolving Loans shall be advanced on the Effective Date, in a . (ii) The aggregate principal amount of the Term Loan made on the Effective Date shall not to exceed such Lender’s the Total Term Loan Commitment, by making immediately available funds available to . Any principal amount of the Administrative Agent’s designated account not later than the time specified by the Administrative Agent. Amounts Term Loan which is repaid or prepaid or repaid in respect of Term Loans may not be reborrowed.

Appears in 1 contract

Sources: Financing Agreement (Avid Technology, Inc.)

Commitments. (a) Subject to the terms and conditions set forth herein, (a) each Revolving Lender (severally (and not jointly) agrees to make Revolving Loans to the Borrowers in Agreed Currencies to the Borrower from time to time during the Revolving Availability Period in an aggregate principal amount that will not result (after giving effect to any application of proceeds of such Borrowing pursuant to Section 2.10(a)) in (iA) subject to Sections 2.04 and 2.11(b), the Dollar Amount of such Lender’s Revolving Credit Exposure exceeding such Lender▇▇▇▇▇▇’s Revolving CommitmentCommitment or, (iiB) subject to Sections 2.04 and 2.11(b), the sum of the Dollar Amount of the Aggregate total Revolving Exposure Credit Exposures exceeding the aggregate Revolving Commitments or (iiiC) in the Dollar Amount case of a Sunrise Certain Funds Advance to the Company, the Sunrise Certain Funds Advance not exceeding the Sunrise Certain Funds Sublimit and (b) each Delayed Draw Term Lender severally, and not jointly, agrees to make one Delayed Draw Term Loan to the Borrowers in Dollars at any time on and after the Effective Date, and until the earlier of the total outstanding Revolving Loans Delayed Draw Commitment Termination Date and LC Exposure, the termination of the Delayed Draw Term Loan Commitment of such Delayed Draw Term Lender in each case denominated in Foreign Currencies, exceeding accordance with the Foreign Currency Sublimitterms hereof. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrower Borrowers may borrow, prepay and reborrow Revolving Loans. (b) Subject to the terms and conditions set forth herein, each Term Lender severally (and not jointly) agrees to make a Term Loan in dollars to the Borrower, on the Effective Date, in a principal amount not to exceed such Lender’s Term Loan Commitment, by making immediately available funds available to the Administrative Agent’s designated account not later than the time specified by the Administrative Agent. Amounts repaid or prepaid or repaid in respect of the Delayed Draw Term Loans may not be reborrowed.

Appears in 1 contract

Sources: Credit Agreement (Tapestry, Inc.)

Commitments. (a) Subject to the terms and conditions set forth herein, (a) each Revolving Lender severally (and not jointly) agrees to make Revolving Loans to the Borrowers in Agreed Currencies to the Borrower from time to time during the Availability Period in an aggregate principal amount that will not result (after giving effect to any application of proceeds of such Borrowing pursuant to Section 2.10(a)) 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 Revolving Commitment, Commitment or (ii) subject to Sections 2.04 and 2.11(b), the Dollar Amount sum of the Aggregate Revolving Exposure exceeding the aggregate Revolving Commitments or (iii) the Dollar Amount of the total outstanding Revolving Loans Credit Exposures exceeding the aggregate Revolving Commitments, and LC Exposure(b) each Term Lender with a Term Loan Commitment agrees to make a Term Loan to the Company in Dollars at any time during the period commencing on the Effective Date and ending on March 15, 2012, in each case denominated in Foreign Currenciesan amount equal to such Lender’s Term Loan Commitment by making immediately available funds available to the Administrative Agent’s designated account, exceeding not later than the Foreign Currency Sublimittime specified by the Administrative Agent. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrower Borrowers may borrow, prepay and reborrow Revolving Loans. (b) Subject to the terms and conditions set forth herein, each Term Lender severally (and not jointly) agrees to make a Term Loan in dollars to the Borrower, on the Effective Date, in a principal amount not to exceed such Lender’s Term Loan Commitment, by making immediately available funds available to the Administrative Agent’s designated account not later than the time specified by the Administrative Agent. Amounts repaid or prepaid or repaid in respect of Term Loans may not be reborrowed.

Appears in 1 contract

Sources: Credit Agreement (Fuller H B Co)

Commitments. (a) Subject to the terms and conditions and relying upon the representations and warranties herein set forth hereinforth, each Revolving Lender agrees, severally (and not jointly) agrees , on the Closing Date, to make Revolving Loans in Agreed Currencies to the Borrower from time to time during the Availability Period in an aggregate principal amount that will not result Loans set forth opposite its name on Schedule 2.01 (after giving effect to any application of proceeds of such Borrowing pursuant to Section 2.10(a)) in (i) the Dollar Amount of such Lender’s Revolving Exposure exceeding such Lender’s Revolving Commitment, (ii) the Dollar Amount of the Aggregate Revolving Exposure exceeding the aggregate Revolving Commitments or (iii) the Dollar Amount of the total outstanding Revolving Loans and LC Exposureor, in each the case denominated in Foreign Currenciesof any Loan indicated on such Schedule 2.01 to be outstanding under the Existing Agreement, exceeding the Foreign Currency Sublimit. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrower may borrow, prepay and reborrow Revolving Loanscontinue such Loan as a Loan hereunder)2. (b) Subject to the terms and conditions and relying upon the representations and warranties herein set forth hereinforth, each Term Lender agrees, severally (and not jointly, at any time prior to the Maturity Date (i) agrees subject to the simultaneous prepayment of any Borrowing or portion of a Borrowing denominated in Dollars in accordance with Section 2.11, to make a Term Loan in dollars to the Borrower, on the Effective Date, Borrower denominated in Local Currency in a principal amount not to exceed such Lender’s Term Loan Commitment, by making immediately available funds available 's Applicable Percentage of the Local Currency Equivalent of the principal amount so prepaid and (ii) subject to the Administrative Agent’s designated account simultaneous prepayment of any Borrowing or portion of a Borrowing denominated in Local Currency in accordance with Section 2.11, to make a Loan to the Borrower denominated in Dollars in a principal amount not later than to exceed such Lender's Applicable Percentage of the time specified Dollar Equivalent of the principal amount so prepaid; provided, that after giving effect to any Loan so made and to any such simultaneous prepayment, neither the Adjusted Outstanding Principal Amount nor the Exposure shall exceed the Aggregate Available Amount. (c) The failure of any Lender to make any Loan shall not in itself relieve any other Lender of its obligation to lend hereunder (it being understood, however, that no Lender shall be responsible for the failure of any other Lender to make any Loan required to be made by the Administrative Agent. Amounts prepaid or repaid in respect of Term Loans may not be reborrowedsuch other Lender).

Appears in 1 contract

Sources: Effectiveness Agreement (Ucar International Inc)

Commitments. (a) Subject to the terms and conditions set forth ----------- herein, , (a) each Revolving Working Capital Lender severally (and not jointly) agrees to make Revolving Loans in Agreed Currencies working capital loans ("Working Capital Loans") to the Borrower from time to time during the --------------------- Availability Period in an aggregate principal amount that will not result in such Working Capital Lender's Working Capital Exposure exceeding such Working Capital Lender's Working Capital Loan Commitment and (b) each Lender severally agrees to make term loans ("Term Loans") to the Borrower from time to time ---------- during the Availability Period in an aggregate principal amount not to exceed such Lender's Term Loan Commitment; provided that no Lender shall make any Term -------- Loan if, after giving effect thereto, the sum of the outstanding Term Loans and the LC Exposure (in each case, after giving effect to any application the Term Loans requested to be made and the Letters of proceeds Credit requested to be issued on such date) exceed the Term Loan Commitments of such Borrowing pursuant to Section 2.10(a)) in (i) the Dollar Amount of such Lender’s Revolving Exposure exceeding such Lender’s Revolving Commitment, (ii) the Dollar Amount of the Aggregate Revolving Exposure exceeding the aggregate Revolving Commitments or (iii) the Dollar Amount of the total outstanding Revolving Loans and LC Exposure, in each case denominated in Foreign Currencies, exceeding the Foreign Currency Sublimitall Lenders. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrower may borrow, prepay and reborrow Revolving Working Capital Loans. (b) Subject to the terms and conditions set forth herein, each Term Lender severally (and not jointly) agrees to make a Term Loan in dollars to the Borrower, on the Effective Date, in a principal amount not to exceed such Lender’s Term Loan Commitment, by making immediately available funds available to the Administrative Agent’s designated account not later than the time specified by the Administrative Agent. Amounts prepaid or repaid in respect of Term Loans may not be reborrowed.

Appears in 1 contract

Sources: Credit Agreement (Global Crossing LTD)

Commitments. (a) Subject to the terms and conditions set forth herein, each Revolving Lender severally (and not jointly) agrees to make Revolving Loans to the Borrowers in Agreed Currencies to the Borrower from time to time during the Availability Period in an aggregate principal amount that will not result in, subject to Sections 2.04 and 2.11(b), (after giving effect to any application of proceeds of such Borrowing pursuant to Section 2.10(a)) in (ia) the Dollar Amount of such Lender’s Revolving Credit Exposure exceeding such Lender’s Revolving Commitment, (iib) the sum of the Dollar Amount of the Aggregate total Revolving Exposure Credit Exposures exceeding the aggregate Revolving Commitments Aggregate Commitment or (iiic) the Dollar Amount of the total outstanding Revolving Loans and LC Exposure, in each case denominated in Foreign Currencies, euro exceeding the Revolver Foreign Currency Sublimit. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrower Borrowers may borrow, prepay and reborrow Revolving Loans. (b) Subject to the terms and conditions set forth hereinherein and of any Incremental Term Loan Amendment effected in accordance with Section 2.20, each Lender that has a commitment to fund Incremental Term Lender severally (and not jointly) Loans in accordance with the provisions of Section 2.20 agrees to make a its ratable share of such Incremental Term Loan in dollars Loans to the Borrower, applicable Borrower on the Effective Dateapplicable effective date for such Incremental Term Loans, in a the aggregate principal amount not to exceed of such Lender’s Term Loan Commitment, by making immediately available funds available to the Administrative Agent’s designated account not later than the time specified by the Administrative Agent. Amounts prepaid or repaid in respect of Term Loans may not be reborrowedcommitment.

Appears in 1 contract

Sources: Credit Agreement (Masco Corp /De/)

Commitments. (a) Subject to the terms and conditions set forth herein, each Revolving Lender severally agrees (a) to make an Initial Term Loan to the Borrower on the Closing Date, in a principal amount equal to but not exceeding its Initial Term Commitment and not jointly(b) agrees to make Revolving Loans in Agreed Currencies to the Borrower from time to time during the Revolving Availability Period Period, in each case, in an aggregate principal amount that will not result (that, in each case after giving effect to any simultaneous reduction of Revolving Exposure due to any application of proceeds of from such Borrowing pursuant to Section 2.10(a)) Revolving Loans, will not result in (i) the Dollar Amount of such Lender’s Revolving Exposure exceeding such Lender’s Revolving Commitment, (ii) the Dollar Amount of Commitment or the Aggregate Revolving Exposure exceeding the aggregate Aggregate Revolving Commitments or Commitment; provided that Revolving Loans may be borrowed on the Closing Date solely to fund the (iiii) Acquisition Consideration and the Dollar Amount Transaction Costs in an amount not to exceed $185,000,000 and (ii) any ordinary course working capital requirements of the total outstanding Revolving Loans Borrower and LC Exposure, in each case denominated in Foreign Currencies, exceeding its Restricted Subsidiaries on the Foreign Currency SublimitClosing Date. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrower may borrow, prepay and reborrow Revolving Loans. (b) Subject to the terms and conditions set forth herein, each Term Lender severally (and not jointly) agrees to make a Term Loan in dollars to the Borrower, on the Effective Date, in a principal amount not to exceed such Lender’s Term Loan Commitment, by making immediately available funds available to the Administrative Agent’s designated account not later than the time specified by the Administrative Agent. Amounts repaid or prepaid or repaid in respect of Term Loans may not be reborrowed.

Appears in 1 contract

Sources: Credit Agreement (Costar Group Inc)

Commitments. (a) Subject to the terms and conditions set forth herein, each Revolving Lender severally (and not jointly) agrees to make Revolving Loans denominated in Agreed Dollars and Foreign Currencies to the Borrower Borrowers from time to time during the Availability Period in an aggregate principal amount that will not result (after giving effect to any application of proceeds of such Borrowing pursuant to Section 2.10(a)) in (i) the Dollar Amount of such Lender’s Revolving Credit Exposure exceeding such Lender’s Revolving Commitment, Commitment or (ii) the Dollar Amount of the Aggregate Revolving Exposure exceeding the aggregate Revolving Commitments or (iii) the Dollar Amount sum of the total outstanding Revolving Loans and LC Exposure, in each case denominated in Foreign Currencies, Credit Exposures exceeding the Foreign Currency Sublimittotal Revolving Commitments. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrower Borrowers may borrow, prepay and reborrow Revolving Loans. (ba) Subject to the terms and conditions set forth herein, each Term Lender severally (and not jointly) agrees to make a Term Loan denominated in dollars Dollars to the Borrower, Parent on the Effective Date, Date in a principal amount that will not to exceed result in (a) such Lender’s Term Loan Commitment, by making immediately available funds available exceeding such Lender’s Term Commitment or (b) the sum of the Term Loans exceeding the total Term Commitments; provided that the joint and several liability provisions of Section 2.20 shall remain in full force and effect with respect to the Administrative Agent’s designated account not later than Term Loan. No amount of the time specified Term Loan which is repaid or prepaid by the Administrative Agent. Amounts prepaid or repaid in respect of Term Loans Borrowers may not be reborrowedreborrowed hereunder.

Appears in 1 contract

Sources: Credit Agreement (Argo Group International Holdings, Ltd.)

Commitments. (a) Subject to the terms and conditions set forth herein, each Revolving Lender severally (and not jointly) agrees to make Revolving Loans to the Borrowers in Agreed Currencies to the Borrower from time to time during the Availability Period in an aggregate principal amount that will not result (after giving effect to any application of proceeds of such Borrowing pursuant to Section 2.10(a)) 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 Revolving Commitment, (ii) subject to Sections 2.04 and 2.11(b), the sum of the Dollar Amount of the Aggregate total Revolving Exposure Credit Exposures exceeding the aggregate Revolving Commitments 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 SublimitSublimit by making immediately available funds available to the Administrative Agent’s designated account, not later than the time specified by the Administrative Agent. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrower Borrowers may borrow, prepay and reborrow Revolving Loans. (b) Subject All Loans and Letters of Credit outstanding immediately prior to the terms Amendment and conditions set forth herein, each Restatement Effective Date shall continue to be outstanding under this Agreement on and after the Amendment and Restatement Effective Date. All Term Lender severally (and not jointly) agrees to make a Term Loan in dollars Loans outstanding immediately prior to the Borrower, on the Amendment and Restatement Effective Date, in a principal amount not to exceed such Lender’s together with all Term Loan CommitmentLoans made on the Amendment and Restatement Effective Date, by making immediately available funds available to shall constitute the Administrative Agent’s designated account not later than the time specified by the Administrative Agentsame Class of Loans for all purposes of this Agreement. Amounts repaid or prepaid or repaid in respect of Term Loans may not be reborrowed.

Appears in 1 contract

Sources: Amendment and Restatement Agreement (KAMAN Corp)

Commitments. (a) Subject to the terms and conditions set forth herein, (a) each Revolving Lender (severally (and not jointly) agrees to make Revolving Loans to the Borrowers in Agreed Currencies to the Borrower from time to time during the Revolving Availability Period in an aggregate principal amount that will not result (after giving effect to any application of proceeds of such Borrowing pursuant to Section 2.10(a)) 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 Revolving Commitment, Commitment or (ii) subject to Sections 2.04 and 2.11(b), the Dollar Amount sum of the Aggregate Revolving Exposure exceeding the aggregate Revolving Commitments or (iii) the Dollar Amount of the total outstanding Revolving Loans Credit Exposures exceeding the aggregate Revolving Commitments, and LC Exposure(b)(1) each Tranche A-1 Term Lender with a Tranche A-1 Term Commitment (severally and not jointly) agrees to make a Tranche A-1 Term Loan to the Company in Dollars during the Term Loan Availability Period, in an amount up to such Lender’s Tranche A-1 Term Commitment by making immediately available funds available to the Administrative Agent’s designated account, not later than the time specified by the Administrative Agent and (2) each case denominated Tranche A-2 Term Lender with a Tranche A-2 Term Commitment (severally and not jointly) agrees to make a Tranche A-2 Term Loan to the Company in Foreign CurrenciesDollars during the Term Loan Availability Period, exceeding in an amount up to such Lender’s Tranche A-2 Term Commitment by making immediately available funds available to the Foreign Currency SublimitAdministrative Agent’s designated account, not later than the time specified by the Administrative Agent. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrower Borrowers may borrow, prepay and reborrow Revolving Loans. (b) Subject to the terms and conditions set forth herein, each Term Lender severally (and not jointly) agrees to make a Term Loan in dollars to the Borrower, on the Effective Date, in a principal amount not to exceed such Lender’s Term Loan Commitment, by making immediately available funds available to the Administrative Agent’s designated account not later than the time specified by the Administrative Agent. Amounts repaid or prepaid or repaid in respect of Term Loans may not be reborrowed.

Appears in 1 contract

Sources: Credit Agreement (Coach Inc)

Commitments. (a) Subject to the terms and conditions set forth herein, each Term A Lender severally agrees to make a loan (a “Term A Loan”) on the Closing Date to the Borrower in Dollars by making immediately available funds to the Administrative Agent’s account not later than the time specified by the Administrative Agent, in an amount equal to the Term A Loan Commitment of such Lender. Amounts repaid in respect of Term A Loans may not be reborrowed. (b) Subject to the terms and conditions set forth herein, each Term A-1 Lender severally agrees to make a loan (a “Term A-1 Loan”) on the Closing Date to the Borrower in Dollars by making immediately available funds to the Administrative Agent’s account not later than the time specified by the Administrative Agent, in an amount equal to the Term A-1 Loan Commitment of such Lender. Amounts repaid in respect of Term A-1 Loans may not be reborrowed. (c) Subject to the terms and conditions set forth herein, each Revolving Lender severally (and not jointly) agrees to make Revolving Loans in Agreed Currencies to the Borrower in Dollars from time to time during the Availability Period in an aggregate principal amount that will not result (after giving effect to any application of proceeds of such Borrowing pursuant to Section 2.10(a)) in (i) the Dollar Amount of such Lender’s Revolving Credit Exposure exceeding such Lender’s Revolving Commitment, Commitments or (ii) the Dollar Amount of the Aggregate total Revolving Exposure Credit Exposures exceeding the aggregate Revolving Commitments or (iii) the Dollar Amount sum of the total outstanding Revolving Loans and LC Exposure, in each case denominated in Foreign Currencies, exceeding the Foreign Currency SublimitCommitments. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrower may borrow, prepay and reborrow Revolving Loans. (b) Subject to the terms and conditions set forth herein, each Term Lender severally (and not jointly) agrees to make a Term Loan in dollars to the Borrower, on the Effective Date, in a principal amount not to exceed such Lender’s Term Loan Commitment, by making immediately available funds available to the Administrative Agent’s designated account not later than the time specified by the Administrative Agent. Amounts prepaid or repaid in respect of Term Loans may not be reborrowed.

Appears in 1 contract

Sources: Credit Agreement (Constellation Brands, Inc.)

Commitments. (a) Subject to the terms and conditions set forth herein, each Lender with a Revolving Lender Commitment severally (and not jointly) agrees to make Revolving Loans denominated in Agreed Currencies Dollars to the Borrower from time to time during the Availability Period in an aggregate principal amount that will not result (after giving effect to any application of proceeds of such Borrowing pursuant to Section 2.10(a)) in (i) the Dollar Amount of such Lender▇▇▇▇▇▇’s Revolving Credit Exposure exceeding such Lender▇▇▇▇▇▇’s Revolving Commitment, Commitment or (ii) the Dollar Amount sum of the Aggregate Total Revolving Credit Exposure exceeding the aggregate total Revolving Commitments or (iii) the Dollar Amount of the total outstanding Revolving Loans and LC Exposure, in each case denominated in Foreign Currencies, exceeding the Foreign Currency SublimitCommitments. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrower may borrow, prepay and reborrow Revolving Loans. (b) Subject to the terms and conditions set forth herein, each Lender with a Term Lender severally (and not jointly) A Commitment agrees to make a Term A Loan denominated entirely in dollars Dollars to the Borrower, Borrower on the Effective Date, Restatement Date in a an aggregate principal amount that will not to exceed result in (i) such Lender▇▇▇▇▇▇’s Term A Loan Commitment, by making immediately available funds available to exceeding such ▇▇▇▇▇▇’s Term A Commitment or (ii) the Administrative Agent’s designated account not later than sum of the time specified Term A Loans exceeding the total Term A Commitments. No amount of the Term A Loan which is repaid or prepaid by the Administrative Agent. Amounts prepaid or repaid in respect of Term Loans Borrower may not be reborrowedreborrowed hereunder.

Appears in 1 contract

Sources: Credit Agreement (Deluxe Corp)

Commitments. (a) Subject to the terms and conditions set forth herein, (a) each Revolving Lender Lender, severally (and not jointly) , agrees to make Revolving Loans in Agreed Currencies to the Borrower Borrowers from time to time during the Availability Period in an aggregate principal amount that will not result (after giving effect to any application of proceeds of such Borrowing pursuant to Section 2.10(a)) in (i) the Dollar Amount of such Lender’s Revolving Exposure exceeding such Lender’s Revolving Commitment, Commitment or (ii) the Dollar Amount of the Aggregate Revolving Exposure exceeding (x) the aggregate Revolving Commitments, or (y) during a Borrowing Base Period, the lesser of the aggregate Revolving Commitments or (iii) and the Dollar Amount of Borrowing Base, subject to the total outstanding Revolving Loans and LC ExposureAdministrative Agent’s authority, in its sole discretion, to make Protective Advances pursuant to the terms of Section 2.04; and (b) each case denominated Term Lender, severally and not jointly, agrees to make the Term Loan to the Borrowers on the Effective Date in Foreign Currencies, exceeding the Foreign Currency Sublimitan amount not to exceed each such Lender’s Term Loan Commitment. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrower Borrowers may borrow, prepay and reborrow Revolving Loans. (b) Subject to the terms and conditions set forth herein, each Term Lender severally (and not jointly) agrees to make a Term Loan in dollars to the Borrower, on the Effective Date, in a principal amount not to exceed such Lender’s Term Loan Commitment, by making immediately available funds available to the Administrative Agent’s designated account not later than the time specified by the Administrative Agent. Amounts prepaid or repaid in respect of Term Loans may not be reborrowed.

Appears in 1 contract

Sources: Credit Agreement (Pilgrims Pride Corp)

Commitments. (a) Subject to the terms and conditions set forth herein, each Revolving Lender severally (and not jointly) agrees to make Revolving Loans in Agreed Currencies to each of the Borrower Borrowers from time to time during the Availability Period in an aggregate principal amount as to all the Borrowers not exceeding the amount of such Lender's Commitment; provided, that will not result (after giving effect to any application of proceeds of such Borrowing pursuant to Section 2.10(a)) in each Revolving Credit Loan (i) the Dollar Amount of no Lender's Revolving Credit Exposure shall exceed such Lender’s Revolving Exposure exceeding such Lender’s Revolving 's Commitment, (ii) the Dollar Amount sum of the Aggregate Revolving Exposure exceeding Total Exposures of all the aggregate Revolving Lenders to all of the Borrowers shall not exceed the sum of the Commitments or of all Lenders and (iii) the Dollar Amount Total Outstandings of any Borrower shall not exceed the total outstanding Revolving Loans and LC Exposure, in each case denominated in Foreign Currencies, exceeding the Foreign Currency SublimitMaximum Outstandings of such Borrower. Within the foregoing limits and subject to the terms and conditions set forth herein, the each Borrower may borrow, prepay and reborrow Revolving Loans. (b) Subject Prior to submission of the terms and conditions set forth hereininitial Borrowing Request hereunder, each Term Lender severally (and not jointly) agrees to make a Term Loan in dollars to the Borrower, on Company will allocate the Effective Date, in a principal amount not to exceed such Lender’s Term Loan Commitment, Commitments among the Borrowers by making immediately available funds available giving written notice to the Administrative Agent’s designated account not later than Agent of the time specified by Allocated Commitment Amount for each Borrower (which notice the Administrative Agent. Agent will promptly transmit to each Lender), and the Company may change such allocation at any time by giving written notice to the Administrative Agent of the revised Allocated Commitment Amounts prepaid or repaid in respect at least five Business Days prior to the effective date of Term Loans may not be reborrowedsuch change (which notice the Administrative Agent will promptly transmit to each Lender).

Appears in 1 contract

Sources: Credit Agreement (Amerada Hess Corp)

Commitments. (a) Subject to the terms and conditions set forth herein, (a) each Revolving Lender (severally (and not jointly) agrees to make Revolving Loans to the Borrowers in Agreed Currencies to the Borrower from time to time during the Availability Period in an aggregate principal amount that will not result (after giving effect to any application of proceeds of such Borrowing pursuant to Section 2.10(a)) 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 Revolving Commitment, (ii) subject to Sections 2.04 and 2.11(b), the sum of the Dollar Amount of the Aggregate total Revolving Exposure Credit Exposures exceeding the aggregate Revolving Commitments 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. Sublimit and (b) each Term Lender with a Term Loan Commitment (severally and not jointly) agrees to make a Term Loan to the Borrowers denominated in Dollars on the Effective Date, in an amount equal to such Lender’s Term Loan Commitment by making immediately available funds available to the Administrative Agent’s designated account, not later than the time specified by the Administrative Agent Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrower Borrowers may borrow, prepay and reborrow Revolving Loans. (b) Subject to the terms and conditions set forth herein, each Term Lender severally (and not jointly) agrees to make a Term Loan in dollars to the Borrower, on the Effective Date, in a principal amount not to exceed such Lender’s Term Loan Commitment, by making immediately available funds available to the Administrative Agent’s designated account not later than the time specified by the Administrative Agent. Amounts repaid or prepaid or repaid in respect of Term Loans may not be reborrowed.

Appears in 1 contract

Sources: Credit Agreement (Vonage Holdings Corp)

Commitments. (a) Subject to the terms and conditions set forth herein, each Lender with a Revolving Lender Commitment severally (and not jointly) agrees to make Revolving Loans denominated in Agreed Dollars and Foreign Currencies to the Borrower Borrowers from time to time during the Availability Period in an aggregate principal amount that will not result (after giving effect to any application of proceeds of such Borrowing pursuant to Section 2.10(a)) in (i) the Dollar Amount of such Lender’s Revolving Credit Exposure exceeding such Lender’s Revolving Commitment, Commitment or (ii) the Dollar Amount sum of the Aggregate Total Revolving Credit Exposure exceeding the aggregate total Revolving Commitments or (iii) the Dollar Amount of the total outstanding Revolving Loans and LC Exposure, in each case denominated in Foreign Currencies, exceeding the Foreign Currency SublimitCommitments. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrower Borrowers may borrow, prepay and reborrow Revolving Loans. (b) Subject to the terms and conditions set forth herein, each Lender with a Term Lender severally (and not jointly) B Commitment agrees to make a Term B Loan denominated entirely in dollars Dollars to the Borrower, Borrower on the Effective Date, Closing Date in a an aggregate principal amount that will not to exceed result in (i) such Lender’s Term B Loan Commitment, by making immediately available funds available to exceeding such Lender’s Term B Commitment or (ii) the Administrative Agent’s designated account not later than sum of the time specified Term B Loans exceeding the total Term B Commitments. No amount of the Term B Loan which is repaid or prepaid by the Administrative Agent. Amounts prepaid or repaid in respect of Term Loans Borrower may not be reborrowedreborrowed hereunder.

Appears in 1 contract

Sources: Credit Agreement (Welbilt, Inc.)

Commitments. (a) Subject to the terms and conditions set forth hereinhereof, each Revolving Lender severally (and not jointly) agrees to make revolving credit loans (each, a “Revolving Loans in Agreed Currencies Loan” and, collectively, the “Revolving Loans”) to the Borrower from time to time during the Availability Commitment Period in an aggregate principal amount at any one time outstanding which, when added to the aggregate outstanding amount of the Swingline Loans, the aggregate undrawn amount of all outstanding Letters of Credit, and the aggregate amount of all L/C Disbursements that will have not result (after giving effect yet been reimbursed or converted into Revolving Loans, incurred on behalf of the Borrower and owing to any application of proceeds such Lender, does not exceed the amount of such Borrowing pursuant to Section 2.10(a)) in Lender’s Commitment. In addition, such aggregate obligations shall not at any time exceed the lesser of (i) the Dollar Amount of Total Commitments in effect at such Lender’s Revolving Exposure exceeding such Lender’s Revolving Commitmenttime, and (ii) the Dollar Amount of Borrowing Base at such time. During the Aggregate Revolving Exposure exceeding Commitment Period the aggregate Revolving Borrower may use the Commitments or (iii) by borrowing, repaying the Dollar Amount of the total outstanding Revolving Loans in whole or in part, and LC Exposurereborrowing, all in each case denominated in Foreign Currencies, exceeding the Foreign Currency Sublimit. Within the foregoing limits and subject to accordance with the terms and conditions set forth hereinhereof. The Revolving Loans may from time to time be Eurodollar Loans or ABR Loans, as determined by the Borrower may borrow, prepay and reborrow Revolving Loansnotified to the Administrative Agent in accordance with Sections 2.5 and 2.13. (b) Subject to the terms The Borrower shall repay all outstanding Revolving Loans (including all Overadvances and conditions set forth herein, each Term Lender severally (and not jointlyProtective Overadvances) agrees to make a Term Loan in dollars to the Borrower, on the Effective Maturity Date, in a principal amount not to exceed such Lender’s Term Loan Commitment, by making immediately available funds available to the Administrative Agent’s designated account not later than the time specified by the Administrative Agent. Amounts prepaid or repaid in respect of Term Loans may not be reborrowed.

Appears in 1 contract

Sources: Credit Agreement (Sprinklr, Inc.)

Commitments. (a) Subject to the terms and conditions set forth herein, each Revolving Lender severally (and not jointly) agrees to make Revolving Loans in Agreed Currencies dollars to the Borrower from time to time during the Availability Period in an aggregate principal amount that will not result (after giving effect to any application of proceeds of such Borrowing pursuant to Section 2.10(a)) in (i) the Dollar Amount of such Lender’s Revolving Exposure exceeding such Lender’s Revolving Commitment, Commitment or (ii) the Dollar Amount of the Aggregate Revolving Exposure exceeding the aggregate Revolving Commitments or (iii) the Dollar Amount of the total outstanding Revolving Loans and LC Exposure, in each case denominated in Foreign Currencies, exceeding the Foreign Currency SublimitCommitments. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrower may borrow, prepay and reborrow Revolving Loans. (b) Subject to the terms and conditions set forth herein, each Original Term Lender severally (and not jointly) agrees to make a aan Original Term Loan in dollars to the Borrower, on the Effective Date, in a principal amount not to exceed such Lender’s Original Term Loan Commitment, by making immediately available funds available to the Administrative Agent’s designated account not later than the time specified by the Administrative Agent. Amounts prepaid or repaid in respect of Original Term Loans may not be reborrowed. (c) Subject to the terms and conditions set forth herein, each New Term Lender severally agrees to make a New Term Loan in dollars to the Borrower, on the First Amendment Effective Date, in a principal amount not to exceed such Lender’s New Term Commitment. Amounts prepaid or repaid in respect of New Term Loans may not be reborrowed.

Appears in 1 contract

Sources: Credit Agreement (Planet Fitness, Inc.)

Commitments. (a) Subject to the terms and conditions set forth herein, (a) each Revolving Lender (severally (and not jointly) agrees to make Revolving Loans in Agreed Currencies to the Borrower in Dollars from time to time during the Availability Period in an aggregate principal amount that will not result (after giving effect to any application of proceeds of such Borrowing to any Swingline Loans outstanding pursuant to Section 2.10(a)) in (i) the Dollar Amount amount of such Lender’s Revolving Credit Exposure exceeding such Lender’s Revolving Commitment, Commitment or (ii) the Dollar Amount of the Aggregate Total Revolving Exposure Credit Exposures exceeding the aggregate Revolving Commitments or Commitments, and (iiib) each Term Lender with a Term Loan Commitment (severally and not jointly) agrees to make a Term Loan to the Dollar Amount of Borrower in Dollars on the total outstanding Revolving Loans and LC ExposureEffective Date, in each case denominated in Foreign Currenciesan amount equal to such Lender’s Term Loan Commitment by making immediately available funds available to the Administrative Agent’s designated account, exceeding not later than the Foreign Currency Sublimittime specified by the Administrative Agent. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrower may borrow, prepay and reborrow Revolving Loans. (b) Subject to the terms and conditions set forth herein, each Term Lender severally (and not jointly) agrees to make a Term Loan in dollars to the Borrower, on the Effective Date, in a principal amount not to exceed such Lender’s Term Loan Commitment, by making immediately available funds available to the Administrative Agent’s designated account not later than the time specified by the Administrative Agent. Amounts repaid or prepaid or repaid in respect of Term Loans may not be reborrowed.

Appears in 1 contract

Sources: Credit Agreement (Angiodynamics Inc)

Commitments. (a) Subject to the terms and conditions and relying upon the representations and warranties herein set forth hereinforth, each Revolving Lender agrees, severally (and not jointly) agrees to make Revolving Loans in Agreed Currencies to the Borrower from time to time during the Availability Period in an aggregate principal amount that will not result (after giving effect to any application of proceeds of such Borrowing pursuant to Section 2.10(a)) in (i) the Dollar Amount of such Lender’s Revolving Exposure exceeding such Lender’s Revolving Commitment, (ii) the Dollar Amount of the Aggregate Revolving Exposure exceeding the aggregate Revolving Commitments or (iii) 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 Borrower may borrow, prepay and reborrow Revolving Loans. (b) Subject to the terms and conditions set forth herein, each Term Lender severally (and not jointly) agrees to make a Term Loan in dollars to the Borrower, Borrower on the Effective Date, Closing Date in a principal amount not to exceed such Lender’s its Term Loan Commitment, by making immediately available funds available and (b) to make Revolving Loans to the Administrative AgentBorrower, at any time and from time to time on or after the date hereof, and until the earlier of the Revolving Credit Maturity Date and the termination of the Revolving Credit Commitment of such Lender in accordance with the terms hereof, in an aggregate principal amount at any time outstanding that will not result in such Lender’s designated account Revolving Credit Exposure exceeding such Lender’s Revolving Credit Commitment; provided, however, that after giving effect to any Borrowing of Revolving Loans, the Aggregate Revolving Credit Exposure shall not later than exceed the time specified by lesser of (A) the Administrative AgentTotal Revolving Credit Commitment and (B) the Borrowing Base. Within the limits set forth in clause (b) of the preceding sentence and subject to the terms, conditions and limitations set forth herein, the Borrower, may borrow, pay or prepay and reborrow Revolving Loans. Amounts paid or prepaid or repaid in respect of Term Loans may not be reborrowed.

Appears in 1 contract

Sources: Credit Agreement (GT Solar International, Inc.)

Commitments. (a) Subject to the terms and conditions set forth hereinhereof, each Revolving Lender severally (and not jointly) agrees to make revolving credit loans (each, a “Revolving Loans in Agreed Currencies Loan” and, collectively, the “Revolving Loans”) to the Borrower from time to time during the Availability Commitment Period in an aggregate principal amount at any one time outstanding which, when added to the aggregate outstanding amount of the Swingline Loans, the Dollar Equivalent of the aggregate undrawn amount of all outstanding Letters of Credit, and the Dollar Equivalent of the aggregate amount of all L/C Disbursements that will have not result (after giving effect yet been reimbursed or converted into Revolving Loans, incurred on behalf of the Borrower and owing to any application of proceeds such Lender, does not exceed the amount of such Borrowing pursuant to Section 2.10(a)) in ▇▇▇▇▇▇’s Commitment. In addition, such aggregate obligations shall not at any time exceed the lesser of (i) the Dollar Amount of Total Commitments in effect at such Lender’s Revolving Exposure exceeding such Lender’s Revolving Commitmenttime, and (ii) the Dollar Amount of Borrowing Base at such time. During the Aggregate Revolving Exposure exceeding Commitment Period the aggregate Revolving Borrower may use the Commitments or (iii) by borrowing, repaying the Dollar Amount of the total outstanding Revolving Loans in whole or in part, and LC Exposurereborrowing, all in each case denominated in Foreign Currencies, exceeding the Foreign Currency Sublimit. Within the foregoing limits and subject to accordance with the terms and conditions set forth hereinhereof. The Revolving Loans may from time to time be Eurodollar Loans or ABR Loans, as determined by the Borrower may borrow, prepay and reborrow Revolving Loans. (b) Subject to the terms and conditions set forth herein, each Term Lender severally (and not jointly) agrees to make a Term Loan in dollars to the Borrower, on the Effective Date, in a principal amount not to exceed such Lender’s Term Loan Commitment, by making immediately available funds available notified to the Administrative Agent’s designated account not later than the time specified by the Administrative AgentAgent in accordance with Sections 2.5 and 2.13. Amounts prepaid or repaid in respect of Term Loans may not be reborrowed.FOR THE AVOIDANCE OF DOUBT, ON AND AFTER THE TWELFTH AMENDMENT EFFECTIVE DATE, ALL

Appears in 1 contract

Sources: Credit Agreement (Sprinklr, Inc.)

Commitments. (a) Subject to the terms and conditions set forth herein, (a) each Term Lender severally agrees to make a Term Loan to the Borrower on the Effective Date denominated in dollars in a principal amount not exceeding its Term Commitment (the “Term Facility”), (b) each Incremental Term Lender severally agrees to make one or more Incremental Term Loans to the Borrower as specified in this Agreement denominated in dollars from time to time in an aggregate principal amount not exceeding its Incremental Term Commitment, and (c) each Revolving Lender severally (and not jointly) agrees to make Revolving Loans in Agreed Currencies to the Borrower denominated in dollars from time to time during the Revolving Availability Period in an aggregate principal amount that which will not result (after giving effect to any application of proceeds of such Borrowing pursuant to Section 2.10(a)) in (i) the Dollar Amount of such Lender’s Revolving Exposure exceeding such Lender’s Revolving Commitment, Commitment (ii) the Dollar Amount of the Aggregate Revolving Exposure exceeding the aggregate Revolving Commitments or (iii) the Dollar Amount of the total outstanding Revolving Loans and LC Exposure, in each case denominated in Foreign Currencies, exceeding the Foreign Currency SublimitFacility”). Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrower may borrow, prepay and reborrow Revolving Loans. (b) Subject to the terms and conditions set forth herein, each Term Lender severally (and not jointly) agrees to make a Term Loan in dollars to the Borrower, on the Effective Date, in a principal amount not to exceed such Lender’s Term Loan Commitment, by making immediately available funds available to the Administrative Agent’s designated account not later than the time specified by the Administrative Agent. Amounts repaid or prepaid or repaid in respect of Term Loans or Incremental Term Loans may not be reborrowed.

Appears in 1 contract

Sources: Credit Agreement (Blue Bird Corp)

Commitments. Prior to the Restatement Effective Date, certain “Revolving Loans” were made to the Borrowers under the Existing Credit Agreement which remain outstanding as of the Restatement Effective Date (a) such outstanding loans being hereinafter referred to as the “Existing Loans”). Subject to the terms and conditions set forth in this Agreement, the Borrowers and each of the Lenders agree that on the Restatement Effective Date, but subject to the reallocation and other transactions described in Section 1.06, the Existing Loans shall be re-evidenced as Loans under this Agreement and the terms of the Existing Loans shall be restated in their entirety and shall be evidenced by this Agreement. Subject to the terms and conditions set forth herein, each Revolving Lender (severally (and not jointly) agrees to make Revolving Loans to the Borrowers in Agreed Currencies to the Borrower from time to time during the Availability Period in an aggregate principal amount that will not result (after giving effect to any application of proceeds of such Borrowing pursuant to Section 2.10(a)) 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 Revolving Commitment, Commitment or (ii) subject to Sections 2.04 and 2.11(b), the Dollar Amount sum of the Aggregate Revolving Exposure exceeding the aggregate Revolving Commitments or (iii) the Dollar Amount of the total outstanding Revolving Loans and LC Exposure, in each case denominated in Foreign Currencies, Credit Exposures exceeding the Foreign Currency Sublimitaggregate Commitments. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrower Borrowers may borrow, prepay and reborrow Revolving the Loans. (b) Subject to the terms and conditions set forth herein, each Term Lender severally (and not jointly) agrees to make a Term Loan in dollars to the Borrower, on the Effective Date, in a principal amount not to exceed such Lender’s Term Loan Commitment, by making immediately available funds available to the Administrative Agent’s designated account not later than the time specified by the Administrative Agent. Amounts prepaid or repaid in respect of Term Loans may not be reborrowed.

Appears in 1 contract

Sources: Credit Agreement (Heidrick & Struggles International Inc)

Commitments. (a) Subject to the terms and conditions set forth herein, (a) each Revolving Lender severally (and not jointly) agrees to make Revolving Loans to the Borrowers in Agreed Currencies to the Borrower from time to time during the Availability Period in an aggregate principal amount that will not result (after giving effect in, subject to any application of proceeds of such Borrowing pursuant to Section 2.10(aSections 2.04 and 2.11(c)) in , (i) the Dollar Amount of such Lender’s Revolving Credit Exposure exceeding such Lender’s Revolving Commitment, (ii) the Dollar Amount of the total Revolving Credit Exposures of all Lenders exceeding the Aggregate Revolving Exposure exceeding the aggregate Revolving Commitments Commitment, or (iii) the Dollar Amount of the total outstanding Revolving Loans and LC Exposure, in each case Credit Exposures of all Lenders denominated in Foreign Currencies, Currencies exceeding the Foreign Currency Multicurrency Sublimit, and (b) each Term Lender agrees to make Term Loans to the Borrowers in U.S. Dollars on the Effective Date in an aggregate amount not to exceed such Lender’s Term Loan Commitment. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrower Borrowers may borrow, prepay and reborrow Revolving Loans. (b) Subject to the terms and conditions set forth herein, each Term Lender severally (and not jointly) agrees to make a Term Loan in dollars to the Borrower, on the Effective Date, in a principal amount not to exceed such Lender’s Term Loan Commitment, by making immediately available funds available to the Administrative Agent’s designated account not later than the time specified by the Administrative Agent. Amounts repaid or prepaid or repaid in respect of Term Loans may not be reborrowed.

Appears in 1 contract

Sources: Credit Agreement (Altra Holdings, Inc.)

Commitments. (a) Subject to the terms and conditions set forth herein, (a) each Revolving Lender severally (and not jointly) agrees to make Revolving Loans in Agreed Currencies to the Borrower Borrowers from time to time during the Availability Period in an aggregate principal amount that will not result (after giving effect to any application of proceeds of such Borrowing pursuant to Section 2.10(a)) in (i) the Dollar Amount of such Lender’s Revolving Exposure exceeding such Lender’s Revolving Commitment, Commitment or (ii) the Dollar Amount of the Aggregate Revolving Exposure exceeding the lesser of the aggregate Revolving Commitments or and the Borrowing Base, subject to the Administrative Agent’s authority, in its sole discretion, to make Protective Advances pursuant to the terms of Section 2.04; and (iiib) each Delayed Draw Term Lender agrees to make Delayed Draw Term Loans to the Dollar Amount Borrowers in the initial minimum amount of $100,000,000 and additional advances in minimum increments of $25,000,000, from and after May 1, 2014 and through December 28, 2014, in an aggregate amount not to exceed each such Lender’s Delayed Draw Term Loan Commitment; provided that there shall not be more than a total of seven Borrowings of Delayed Draw Term Loans by the total outstanding Borrowers. Pursuant to the Prior Credit Agreement, the Revolving Lenders, the Term B-1 Lenders and the Term B-2 Lenders made Revolving Loans, Term B-1 Loans and Term B-2 Loans, respectively, to the Borrowers, which Revolving Loans and LC ExposureTerm Loans that are outstanding on the Effective Date (as set forth in the Effective Date Loans and Letters of Credit Schedule) shall, as provided in each case denominated in Foreign Currenciesthe Amendment and Restatement Agreement, exceeding automatically and without further action, continue to be outstanding for all purposes under this Agreement and the Foreign Currency Sublimitother Loan Documents. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrower Borrowers may borrow, prepay and reborrow Revolving Loans. (b) Subject to the terms and conditions set forth herein, each Term Lender severally (and not jointly) agrees to make a Term Loan in dollars to the Borrower, on the Effective Date, in a principal amount not to exceed such Lender’s Term Loan Commitment, by making immediately available funds available to the Administrative Agent’s designated account not later than the time specified by the Administrative Agent. Amounts prepaid or repaid in respect of Term Loans may not be reborrowed.

Appears in 1 contract

Sources: Credit Agreement (Pilgrims Pride Corp)

Commitments. (a) Subject to the terms and conditions set forth herein, (a) each Revolving Lender (severally (and not jointly) agrees to make loans (each such loan, a “Revolving Loans in Agreed Currencies Loan”) to the Borrower in Dollars from time to time during the Availability Period in an aggregate principal amount that will not result (after giving effect to any application of proceeds of such Borrowing pursuant to Section 2.10(a)) in (i) the Dollar Amount amount of such Lender’s Revolving Credit Exposure exceeding such Lender’s Revolving Commitment, Commitment or (ii) the Dollar Amount of Total Revolving Credit Exposure exceeding the Aggregate Revolving Exposure exceeding Commitments, and (b) each Term Lender with a Term Loan Commitment (severally and not jointly) agrees to make a single term loan (each such loan, a “Term Loan”) to the aggregate Revolving Commitments or (iii) Borrower in Dollars on the Dollar Amount of the total outstanding Revolving Loans and LC ExposureEffective Date, in each case denominated in Foreign Currenciesan amount equal to such Lender’s Term Loan Commitment, exceeding by making immediately available funds available to the Foreign Currency SublimitAdministrative Agent’s designated account, not later than the time specified by the Administrative Agent. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrower may borrow, prepay and reborrow Revolving Loans. (b) Subject to the terms and conditions set forth herein, each Term Lender severally (and not jointly) agrees to make a Term Loan in dollars to the Borrower, on the Effective Date, in a principal amount not to exceed such Lender’s Term Loan Commitment, by making immediately available funds available to the Administrative Agent’s designated account not later than the time specified by the Administrative Agent. Amounts repaid or prepaid or repaid in respect of Term Loans may not be reborrowed. For the avoidance of doubt, the Term Lenders are extending their Term Loans on the Effective Date, and the Borrower is incurring the Indebtedness evidenced by the Term Loans on the Effective Date, in reliance upon and in accordance with the Existing Senior Notes Indentures as in effect on the Effective Date, including calculations of Consolidated Net Tangible Assets and Consolidated Assets (in each case, as defined in the applicable Existing Senior Notes Indentures) as of March 31, 2016. In addition, each Revolving Loan, Letter of Credit and LC Disbursement extended, issued or due and payable hereunder, as applicable, only shall constitute a Secured Revolving Credit Extension to the extent it meets the requirements set forth in the definition thereof.

Appears in 1 contract

Sources: Credit Agreement (Southwestern Energy Co)

Commitments. (a) Subject to the terms and conditions set forth herein, (a) each Term B Lender agrees to make a Term B Loan denominated in dollars to the Borrower on the Effective Date in a principal amount not exceeding its Term B Commitment and (b) each Revolving Lender severally (and not jointly) agrees to make Revolving Loans denominated in Agreed Currencies dollars or a Permitted Foreign Currency to the Borrower from time to time time, in each case during the Revolving Availability Period Period, in an aggregate principal amount that will not result (after giving effect to any application of proceeds of in such Borrowing pursuant to Section 2.10(a)) in (i) the Dollar Amount of such Revolving Lender’s Revolving Exposure exceeding such Lender▇▇▇▇▇▇’s Revolving Commitment, (ii) the Dollar Amount of Commitment or the Aggregate Revolving Exposure exceeding the aggregate Aggregate Revolving Commitments Commitment. The Term B Loans may be ABR Loans or (iii) the Dollar Amount of the total outstanding Revolving Loans and LC ExposureTerm Benchmark Loans, in each case denominated in Foreign Currencies, exceeding the Foreign Currency Sublimitas further provided herein. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrower may borrow, prepay and reborrow Revolving Loans. (b) Subject to the terms and conditions set forth herein, each Term Lender severally (and not jointly) agrees to make a Term Loan in dollars to the Borrower, on the Effective Date, in a principal amount not to exceed such Lender’s Term Loan Commitment, by making immediately available funds available to the Administrative Agent’s designated account not later than the time specified by the Administrative Agent. Amounts repaid or prepaid or repaid in respect of Term Loans may not be reborrowed.

Appears in 1 contract

Sources: Credit Agreement (Solstice Advanced Materials Inc.)

Commitments. (a) Subject to the terms and conditions set forth herein, : (a) each Revolving Lender (severally (and not jointly) agrees to make Revolving Loans in Agreed Currencies to the Borrower in Dollars from time to time during the such Revolving Lender’s applicable Availability Period in an aggregate principal amount that will not result (after giving effect to any application of proceeds of such Borrowing pursuant to Section 2.10(a)2.10) in (i) the Dollar Amount of such Lender▇▇▇▇▇▇’s Revolving Credit Exposure exceeding such Lender▇▇▇▇▇▇’s Revolving Commitment, Commitment or (ii) the Dollar Amount sum of the Aggregate total Revolving Exposure Credit Exposures exceeding the aggregate Revolving Commitments or (iii) 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 Borrower may borrow, prepay and reborrow Revolving Loans.Commitments; and (b) Subject to on the terms and conditions set forth hereinEffective Date, each Term Lender (severally (and not jointly) agrees to make a Term Loan in dollars to the Borrower, Borrower in Dollars on the Effective Date, in a principal amount not equal to exceed such Lender▇▇▇▇ ▇▇▇▇▇▇’s Term Loan Commitment, Commitment by making immediately available funds available to the Administrative Agent’s designated account not later than the time specified by the Administrative Agent. Amounts prepaid or repaid in respect of Term Loans may not be reborrowed. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrower may borrow, prepay and reborrow Revolving Loans. Amounts repaid or prepaid in respect of the Term Loans may not be reborrowed.

Appears in 1 contract

Sources: Credit Agreement (Ugi Corp /Pa/)

Commitments. (a) Subject to the terms and conditions set forth herein, each Revolving Lender severally (and not jointly) agrees to make (a) Revolving Loans in Agreed Currencies dollars to the Borrower from time to time during the Availability Period in an aggregate principal amount that will not result (after giving effect to any application of proceeds of such Borrowing pursuant to Section 2.10(a)) in (i) the Dollar Amount of such Lender’s Revolving Exposure exceeding such Lender’s Revolving Commitment, Commitment or (ii) the Dollar Amount of the Aggregate Revolving Exposure exceeding the aggregate Revolving Commitments or (iii) the Dollar Amount of the total outstanding Revolving Loans and LC Exposure, in each case denominated in Foreign Currencies, exceeding the Foreign Currency SublimitCommitments. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrower may borrow, prepay and reborrow Revolving Loans. (b) Subject to the terms and conditions set forth herein, each Term Lender severally (and not jointly) agrees to make a Term Loan in dollars to the Borrower, on the Effective Date, in a principal amount not to exceed such Lender’s Term Loan Commitment, by making immediately available funds available to the Administrative Agent’s designated account not later than the time specified by the Administrative Agent. Amounts prepaid or repaid in respect of Term Loans may not be reborrowed.

Appears in 1 contract

Sources: Credit Agreement (Aceto Corp)

Commitments. Prior to the Effective Date, certain loans were previously made to the Company under the Existing Agreement which remain outstanding as of the date of this Agreement (a) such outstanding loans being hereinafter referred to as the “Existing Loans”). Subject to the terms and conditions set forth in this Agreement, the Borrowers and each of the Lenders agree that on the Effective Date but subject to the satisfaction of the conditions precedent set forth in Section 4.01 and the reallocation and other transactions described in Section 1.05, the Existing Loans shall be reevidenced as Revolving Loans under this Agreement and the terms of the Existing Loans shall be restated in their entirety and shall be evidenced by this Agreement. Subject to the terms and conditions set forth herein, (a) each Revolving Lender severally (and not jointly) agrees to make Revolving Loans to any Borrower in Agreed Currencies to the Borrower from time to time during the Availability Period in an aggregate principal amount that will not result (after giving effect to any application of proceeds of such Borrowing pursuant to Section 2.10(a)) 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 Revolving Commitment, (ii) subject to Sections 2.04 and 2.11(b), the sum of the Dollar Amount of the Aggregate total Revolving Exposure Credit Exposures exceeding the aggregate Revolving Commitments 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 or (iv) subject to Section 2.04, the Dollar Amount of the total outstanding Revolving Loans made to Foreign Subsidiary Borrowers exceeding the Foreign Borrower Sublimit, and (b) each Term Lender with a Term Loan Commitment agrees to make a Term Loan to the Company in Dollars on the Effective Date, in an amount equal to such Lender’s Term Loan Commitment by making immediately available funds available to the Administrative Agent’s designated account, not later than the time specified by the Administrative Agent. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrower Borrowers may borrow, prepay and reborrow Revolving Loans. (b) Subject to the terms and conditions set forth herein, each Term Lender severally (and not jointly) agrees to make a Term Loan in dollars to the Borrower, on the Effective Date, in a principal amount not to exceed such Lender’s Term Loan Commitment, by making immediately available funds available to the Administrative Agent’s designated account not later than the time specified by the Administrative Agent. Amounts repaid or prepaid or repaid in respect of Term Loans may not be reborrowed.

Appears in 1 contract

Sources: Credit Agreement (Photronics Inc)

Commitments. (a) Subject to the terms and conditions set forth herein, (a) each Revolving Lender (severally (and not jointly) agrees to make Revolving Loans in Agreed Currencies to the Borrower in Dollars from time to time during the Availability Period in an aggregate principal amount that will not result (after giving effect to any application of proceeds of such Borrowing pursuant to Section 2.10(a)) in (i) the Dollar Amount amount of such Lender’s Revolving Credit Exposure exceeding such Lender’s Revolving Commitment, Commitment or (ii) the Dollar Amount sum of the Aggregate total Revolving Exposure Credit Exposures exceeding the aggregate Revolving Commitments or Commitments, (iiib) each Term A-1 Lender with a Term A-1 Loan Commitment (severally and not jointly) agrees to make a Term A-1 Loan to the Dollar Amount of Borrower in Dollars on the total outstanding Revolving Loans and LC ExposureEffective Date, in an amount equal to such Lender’s Term A-1 Loan Commitment by making immediately available funds available to the Administrative Agent’s designated account, not later than the time specified by the Administrative Agent and (c) each case denominated Term A-2 Lender with a Term A-2 Loan Commitment (severally and not jointly) agrees to make a Term A-2 Loan to the Borrower in Foreign CurrenciesDollars on the Effective Date, exceeding in an amount equal to such Lender’s Term A-2 Loan Commitment by making immediately available funds available to the Foreign Currency SublimitAdministrative Agent’s designated account, not later than the time specified by the Administrative Agent. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrower may borrow, prepay and reborrow Revolving Loans. (b) Subject to the terms and conditions set forth herein, each Term Lender severally (and not jointly) agrees to make a Term Loan in dollars to the Borrower, on the Effective Date, in a principal amount not to exceed such Lender’s Term Loan Commitment, by making immediately available funds available to the Administrative Agent’s designated account not later than the time specified by the Administrative Agent. Amounts repaid or prepaid or repaid in respect of Term Loans may not be reborrowed.

Appears in 1 contract

Sources: Credit Agreement (Universal Corp /Va/)