Common use of Foreign Currency Commitment Clause in Contracts

Foreign Currency Commitment. Subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth herein, each Foreign Currency Lender severally agrees to make available to Airgas and the Foreign Borrowers such Foreign Currency Lender’s Applicable Percentage of revolving credit loans requested by Airgas or the applicable Foreign Borrower in U.S. Dollars or one or more Foreign Currencies (“Foreign Currency Loans”) from time to time from the Closing Date until the Maturity Date, or such earlier date as the Foreign Currency Commitments shall have been terminated as provided herein; provided, however, that the U.S. Dollar Equivalent of the aggregate principal amount of outstanding Foreign Currency Loans shall not exceed ONE HUNDRED MILLION U.S. DOLLARS ($100,000,000) (as such aggregate maximum amount may be increased or reduced from time to time as provided in Section 4.4, the “Foreign Currency Committed Amount”); provided, further, (i) with regard to each Foreign Currency Lender individually, the U.S. Dollar Equivalent of such Foreign Currency Lender’s outstanding Foreign Currency Loans shall not exceed such Foreign Currency Lender’s Applicable Percentage of the Foreign Currency Committed Amount and (ii) with regard to the Foreign Currency Lenders collectively, the U.S. Dollar Equivalent of the aggregate principal amount of outstanding Foreign Currency Loans plus the Foreign Swingline Facility Reserve shall not exceed the Foreign Currency Committed Amount. Foreign Currency Loans denominated in Foreign Currencies shall consist of Eurocurrency Loans. Foreign Currency Loans denominated in U.S. Dollars may consist of (A) in the case of borrowings by Airgas, U.S. Base Rate Loans, Eurocurrency Loans or a combination thereof, as Airgas may request, and (B) in the case of any Foreign Borrower, Eurocurrency Loans only. Foreign Currency Loans may be repaid and reborrowed in accordance with the provisions hereof; provided, however, that no more than eleven (11) Eurocurrency Loans which are Foreign Currency Loans (combined) shall be outstanding hereunder at any time. For purposes hereof, Eurocurrency Loans with different Interest Periods shall be considered as separate Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurocurrency Loan with a single Interest Period.

Appears in 2 contracts

Samples: Credit Agreement (Airgas Inc), Credit Agreement (Airgas Inc)

AutoNDA by SimpleDocs

Foreign Currency Commitment. Subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth herein, each Foreign Currency Lender severally agrees to make available to Airgas and the Foreign Borrowers such Foreign Currency Lender’s Applicable Percentage of certain foreign currency revolving credit loans requested by Airgas or the applicable Foreign Borrower in U.S. Dollars or one or more Available Foreign Currencies ("Foreign Currency Loans") to the Borrower from time to time from in the Closing Date until the Maturity Date, or amount of such earlier date as the Lender's Foreign Currency Commitments shall have been terminated as provided hereinCommitment Percentage of such Foreign Currency Loans; provided, however, that the U.S. Dollar Equivalent Amount (as determined as of the aggregate principal amount most recent Determination Date) of outstanding the sum of Foreign Currency Loans outstanding at any time shall not exceed ONE HUNDRED MILLION U.S. DOLLARS Twenty Five Million Dollars ($100,000,00025,000,000) (as such aggregate maximum amount may be increased or reduced from time to time as provided in Section 4.4, the "Foreign Currency Committed Amount”)"; provided, further, (i) with regard to each Foreign Currency Lender individually, (A) the U.S. Dollar Equivalent Amount (determined as of the most recent Determination Date) of such Foreign Currency Lender’s outstanding 's Revolving Commitment Percentage of the sum of the Revolving Loans plus Foreign Currency Loans plus LOC Obligations plus Swingline Loans outstanding shall not exceed such Lender's Revolving Commitment Percentage of the Revolving Committed Amount, and (B) the Dollar Amount (determined as of the most recent Determination Date) of such Lender's portion (including participation interests therein) of the Foreign Currency Loans outstanding shall not exceed such Lender’s Applicable 's Foreign Currency Commitment Percentage of the Foreign Currency Committed Amount and (ii) with regard to the Foreign Currency Lenders collectively, the U.S. Dollar Equivalent Amount (as determined as of the aggregate principal amount most recent Determination Date) of outstanding Foreign Currency Loans plus the Foreign Swingline Facility Reserve Revolving Obligations shall not exceed the Foreign Currency lesser of (A) the Revolving Committed Amount, (B) the Available Revolving Committed Amount and (C) the Borrowing Base. Foreign Currency Loans denominated in Foreign Currencies shall consist solely of Eurocurrency Loans. Foreign Currency Loans denominated in U.S. Dollars may consist of (A) in the case of borrowings by Airgas, U.S. Base Rate Loans, Eurocurrency Loans or a combination thereof, as Airgas may request, and (B) in the case of any Foreign Borrower, Eurocurrency Loans only. Foreign Currency Loans may be repaid and reborrowed in accordance with the provisions hereof; provided, however, that no more than eleven (11) Eurocurrency Loans which are Foreign Currency Loans (combined) shall be outstanding hereunder at any time. For purposes hereof, Eurocurrency Loans with different Interest Periods and/or in different currencies shall be considered as separate Eurocurrency Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurocurrency Loan with a single Interest PeriodPeriod and in the same currency.

Appears in 1 contract

Samples: Credit Agreement (Profit Recovery Group International Inc)

Foreign Currency Commitment. Subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth herein, each Foreign Currency Lender severally agrees to make available to Airgas and the Foreign Borrowers Borrower such Lender's Foreign Currency Lender’s Applicable Commitment Percentage of revolving credit loans in the Available Foreign Currencies requested by Airgas or the applicable Foreign Borrower in U.S. Dollars or one or more Foreign Currencies ("Foreign Currency Loans") from time to time from the Closing date five (5) Business Days subsequent to the Effective Date until the Maturity Termination Date, or such earlier date as the Foreign Currency Commitments shall have been terminated as provided hereinherein for the purposes hereinafter set forth; provided, however, that the U.S. Dollar Equivalent Amount (as - 42 - E-47 48 determined as of the most recent Determination Date) of the aggregate principal amount of outstanding Foreign Currency Loans outstanding at any time shall not exceed ONE HUNDRED FIVE MILLION U.S. DOLLARS ($100,000,0005,000,000.00) (as such aggregate maximum amount may be increased or reduced from time to time as provided in Section 4.4, the "Foreign Currency Committed Amount"); provided, further, (i) with regard to each Foreign Currency Lender individually, the U.S. Dollar Equivalent of such Foreign Currency Lender’s 's outstanding Foreign Currency Loans shall not exceed such Lender's Foreign Currency Lender’s Applicable Commitment Percentage of the Foreign Currency Committed Amount Amount, and (ii) with regard to the Foreign Currency Lenders collectively, the U.S. aggregate principal amount of outstanding Revolving Loans plus the Dollar Equivalent Amount (as determined as of the most recent Determination Date) of the aggregate principal amount of outstanding Foreign Currency Loans plus the Foreign aggregate principal amount of outstanding Swingline Facility Reserve Loans plus LOC Obligations outstanding shall not exceed the Foreign Currency lesser of (a) the Revolving Committed AmountAmount and (b) the Borrowing Base. Foreign Currency Loans denominated in Foreign Currencies shall consist solely of Eurocurrency Loans. Foreign Currency Eurodollar Loans denominated in U.S. Dollars may consist of (A) in the case of borrowings by Airgas, U.S. Base Rate Loans, Eurocurrency Loans or a combination thereof, as Airgas may request, and (B) in the case of any Foreign Borrower, Eurocurrency Loans only. Foreign Currency Loans may be repaid and reborrowed in accordance with the provisions hereof; provided, however, that (x) during the Initial Interest Rate Period, all Eurodollar Loans shall have an Interest Period of one (1) month and (y) no more than eleven (11) Eurocurrency 10 Eurodollar Loans which are Foreign Currency Loans (combined) shall be outstanding hereunder at any time. For purposes hereof, Eurocurrency Eurodollar Loans with different Interest Periods and/or in different currencies shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurocurrency Eurodollar Loan with a single Interest PeriodPeriod and in the same currency.

Appears in 1 contract

Samples: Credit Agreement (Genicom Corp)

Foreign Currency Commitment. Subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinin the Credit Agreement, each Foreign Currency Lender severally agrees to make available to Airgas and the Foreign Borrowers Xxxx Europe such Lender's Foreign Currency Lender’s Applicable Commitment Percentage of revolving credit loans requested by Airgas or the applicable Foreign Borrower in U.S. Dollars or one or more Foreign Currencies Pounds Sterling ("Foreign Currency Loans") from time to time from the Closing date five (5) Business Days subsequent to the Amendment Effective Date until the Maturity date five (5) Business Days prior to the Termination Date, or such earlier date as the Foreign Currency Revolving Commitments shall have been terminated as provided hereinin the Credit Agreement for the purposes hereinafter set forth; provided, however, that the U.S. Dollar Equivalent Amount (as determined as of the most recent Determination Date) of the aggregate principal amount of outstanding Foreign Currency Loans outstanding at any time shall not exceed ONE HUNDRED FIFTEEN MILLION U.S. DOLLARS ($100,000,00015,000,000.00) (as such aggregate maximum amount may be increased or reduced from time to time as provided in Section 4.4, the "Foreign Currency Committed Amount"); provided, further, (i) with regard to each Foreign Currency Lender individually, the U.S. Dollar Equivalent of individually such Foreign Currency Lender’s 's outstanding Foreign Currency Loans shall not exceed such Lender's Foreign Currency Lender’s Applicable Commitment Percentage of the Foreign Currency Committed Amount and Amount, (ii) with regard to the Foreign Currency Lenders collectively, the U.S. sum of the Dollar Equivalent Amount (as determined as of the most recent Determination Date) of the aggregate principal amount of outstanding Foreign Currency Loans plus the Dollar Amount (as determined as of the most recent Determination Date) of Foreign LOC Obligations outstanding shall not at any time exceed the aggregate Foreign Currency Committed Amount and (iii) with regard to the Lenders collectively, the aggregate principal amount of outstanding Revolving Loans plus Domestic LOC Obligations outstanding plus the aggregate principal amount of outstanding Competitive Loans plus the aggregate principal amount of outstanding Swingline Facility Reserve Loans plus the Dollar Amount (as determined as of the most recent Determination Date) of the aggregate principal amount of outstanding Foreign Currency Loans plus the Dollar Amount (as determined as of the most recent Determination Date) of Foreign LOC Obligations outstanding shall not exceed the Foreign Currency Revolving Committed Amount. Foreign Currency Loans denominated in Foreign Currencies shall consist solely of Eurocurrency Loans. Foreign Currency Eurodollar Loans denominated in U.S. Dollars may consist of (A) in the case of borrowings by Airgas, U.S. Base Rate Loans, Eurocurrency Loans or a combination thereof, as Airgas may request, and (B) in the case of any Foreign Borrower, Eurocurrency Loans only. Foreign Currency Loans may be repaid and reborrowed in accordance with the provisions hereof; provided, however, that no more than eleven (11) Eurocurrency 12 separate Eurodollar Loans which are Foreign Currency Loans (combined) shall be outstanding hereunder at any time. For purposes hereof, Eurocurrency Eurodollar Loans with different Interest Periods and/or in different currencies shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurocurrency Eurodollar Loan with a single Interest PeriodPeriod and in the same currency.

Appears in 1 contract

Samples: Credit Agreement (Hunt Corp)

Foreign Currency Commitment. Subject to During the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinCommitment Period, each Foreign Currency Lender severally agrees to make available to Airgas and the Foreign Borrowers such Foreign Currency Lender’s Applicable Percentage of certain foreign currency revolving credit loans requested by Airgas or the applicable Foreign Borrower in U.S. Dollars or one or more Available Foreign Currencies ("Foreign Currency Loans") to the Borrower from time to time from in the Closing Date until the Maturity Date, or amount of such earlier date as the Lender's Foreign Currency Commitments shall have been terminated as provided hereinCommitment Percentage of such Foreign Currency Loans; provided, however, that the U.S. Dollar Equivalent Amount (as determined as of the aggregate principal amount most recent Determination Date) of outstanding the sum of Foreign Currency Loans outstanding at any time shall not exceed ONE HUNDRED THIRTY MILLION U.S. DOLLARS ($100,000,00030,000,000) (as such aggregate maximum amount may be increased or reduced from time to time as provided in Section 4.4, the "Foreign Currency Committed Amount"); provided, further, (i) with regard to each Foreign Currency Lender individually, (A) the U.S. Dollar Equivalent Amount (determined as of the most recent Determination Date) of such Lender's Revolving Commitment Percentage of the sum of the Revolving Loans plus Foreign Currency Lender’s outstanding Foreign Currency Loans plus LOC Obligations plus Swingline Loans shall not exceed such Lender's Revolving Commitment Percentage of the Revolving Committed Amount, and (B) the Dollar Amount (determined as of the most recent Determination Date) of such Lender's portion (including participation interests therein) of the Foreign Currency Loans outstanding shall not exceed such Lender’s Applicable 's Foreign Currency Commitment Percentage of the Foreign Currency Committed Amount and Amount, (ii) with regard to the Foreign Currency Lenders collectively, the U.S. Dollar Equivalent Amount (as determined as of the aggregate principal amount most recent Determination Date) of outstanding the Revolving Obligations shall not exceed the Aggregate Revolving Committed Amount, as reduced and (iii) with regard to the Lenders collectively, (A) the Dollar Amount (determined as of the most recent Determination Date) of the sum of Foreign Currency Loans plus the LOC Obligations with respect to Letters of Credit denominated in an Available Foreign Swingline Facility Reserve Currency shall not exceed the Foreign Currency Committed AmountTHIRTY MILLION DOLLARS ($30,000,000). Foreign Currency Loans denominated in Foreign Currencies shall consist solely of Eurocurrency Loans. Foreign Currency Loans denominated in U.S. Dollars may consist of (A) in the case of borrowings by Airgas, U.S. Base Rate Loans, Eurocurrency Loans or a combination thereof, as Airgas may request, and (B) in the case of any Foreign Borrower, Eurocurrency Loans only. Foreign Currency Loans may be repaid and reborrowed in accordance with the provisions hereof; provided, however, that no more than eleven (11) Eurocurrency Loans which are Foreign Currency Loans (combined) shall be outstanding hereunder at any time. For purposes hereof, Eurocurrency Loans with different Interest Periods and/or in different currencies shall be considered as separate Eurocurrency Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurocurrency Loan with a single Interest PeriodPeriod and in the same currency.

Appears in 1 contract

Samples: Credit Agreement (Fritz Companies Inc)

Foreign Currency Commitment. Subject to During the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinCommitment Period, each Foreign Currency Lender severally agrees to make available to Airgas and the Foreign Borrowers such Foreign Currency Lender’s Applicable Percentage of certain foreign currency revolving credit loans requested by Airgas or the applicable Foreign Borrower in U.S. Dollars or one or more Available Foreign Currencies ("Foreign Currency Loans") to the Borrower from time to time from in the Closing Date until the Maturity Date, or amount of such earlier date as the Lender's Foreign Currency Commitments shall have been terminated as provided hereinCommitment Percentage of such Foreign Currency Loans; provided, however, that the U.S. Dollar Equivalent Amount (as determined as of the aggregate principal amount most recent Determination Date) of outstanding the sum of Foreign Currency Loans outstanding at any time shall not exceed ONE HUNDRED MILLION U.S. DOLLARS ($100,000,000) (as such aggregate maximum amount may be increased or reduced from time to time as provided in Section 4.4, the Foreign Currency Committed Amount”); and provided, further, (i) with regard to each Foreign Currency Lender individually, (A) the U.S. Dollar Equivalent Amount (determined as of the most recent Determination Date) of such Lender's Revolving Commitment Percentage of the sum of the Revolving Loans plus Foreign Currency Lender’s outstanding Foreign Currency Loans plus LOC Obligations plus Swingline Loans shall not exceed such Lender's Revolving Commitment Percentage of the Revolving Committed Amount, and (B) the Dollar Amount (determined as of the most recent Determination Date) of such Lender's portion (including participation interests therein) of the Foreign Currency Loans outstanding shall not exceed such Lender’s Applicable 's Foreign Currency Commitment Percentage of the Foreign Currency Committed Amount and Amount, (ii) with regard to the Foreign Currency Lenders collectively, the U.S. Dollar Equivalent Amount (as determined as of the aggregate principal amount most recent Determination Date) of outstanding the Revolving Obligations shall not exceed the Aggregate Revolving Committed Amount, and (iii) with regard to the Lenders collectively, the Dollar Amount (determined as of the most recent Determination Date) of the sum of Foreign Currency Loans plus the LOC Obligations with respect to Letters of Credit denominated in Available Foreign Swingline Facility Reserve Currencies and Additional Foreign Currencies shall not exceed the Foreign Currency Committed Amount$30,000,000 at any time. Foreign Currency Loans denominated in Foreign Currencies shall consist solely of Eurocurrency Loans. Foreign Currency Loans denominated in U.S. Dollars may consist of (A) in the case of borrowings by Airgas, U.S. Base Rate Loans, Eurocurrency Loans or a combination thereof, as Airgas may request, and (B) in the case of any Foreign Borrower, Eurocurrency Loans only. Foreign Currency Loans may be repaid and reborrowed in accordance with the provisions hereof; provided, however, that no more than eleven (11) Eurocurrency Loans which are Foreign Currency Loans (combined) shall be outstanding hereunder at any time. For purposes hereof, Eurocurrency Loans with different Interest Periods and/or in different currencies shall be considered as separate Eurocurrency Loans, even if they begin on the same date, although borrowings, extensions continuations and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurocurrency Loan with a single Interest PeriodPeriod and in the same currency.

Appears in 1 contract

Samples: Credit Agreement (Fritz Companies Inc)

AutoNDA by SimpleDocs

Foreign Currency Commitment. Subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinin the Credit Agreement, each Foreign Currency Lender severally agrees to make available to Airgas and the Foreign Borrowers Xxxx Europe such Lender's Foreign Currency Lender’s Applicable Commitment Percentage of revolving credit loans in the Available Foreign Currency requested by Airgas or the applicable Foreign Borrower in U.S. Dollars or one or more Foreign Currencies Xxxx Europe ("Foreign Currency Loans") from time to time from the Closing date five (5) Business Days subsequent to the Amendment Effective Date until the Maturity date five (5) Business Days prior to the Termination Date, or such earlier date as the Foreign Currency Revolving Commitments shall have been terminated as provided hereinin the Credit Agreement for the purposes hereinafter set forth; provided, however, that the U.S. Dollar Equivalent Amount (as determined as of the most recent Determination Date) of the aggregate principal amount of outstanding Foreign Currency Loans outstanding at any time shall not exceed ONE HUNDRED FIFTEEN MILLION U.S. DOLLARS ($100,000,00015,000,000.00) (as such aggregate maximum amount may be increased or reduced from time to time as provided in Section 4.4, the "Foreign Currency Committed Amount"); provided, further, (i) with regard to each Foreign Currency Lender individually, the U.S. Dollar Equivalent of such Foreign Currency Lender’s 's outstanding Foreign Currency Loans shall not exceed such Lender's Foreign Currency Lender’s Applicable Commitment Percentage of the Foreign Currency Committed Amount and Amount, (ii) with regard to the Foreign Currency Lenders collectively, the U.S. sum of the Dollar Equivalent Amount (as determined as of the most recent Determination Date) of the aggregate principal amount of outstanding Foreign Currency Loans plus the Dollar Amount (as determined as of the most recent Determination Date) of Foreign LOC Obligations outstanding shall not at any time exceed the aggregate Foreign Currency Committed Amount and (iii) with regard to the Lenders collectively, the aggregate principal amount of outstanding Revolving Loans plus Domestic LOC Obligations outstanding plus the aggregate principal amount of outstanding Competitive Loans plus the aggregate principal amount of outstanding Swingline Facility Reserve Loans plus the Dollar Amount (as determined as of the most recent Determination Date) of the aggregate principal amount of outstanding Foreign Currency Loans plus the Dollar Amount (as determined as of the most recent Determination Date) of Foreign LOC Obligations outstanding shall not exceed the Foreign Currency Revolving Committed Amount. Foreign Currency Loans denominated in Foreign Currencies shall consist solely of Eurocurrency Loans. Foreign Currency Eurodollar Loans denominated in U.S. Dollars may consist of (A) in the case of borrowings by Airgas, U.S. Base Rate Loans, Eurocurrency Loans or a combination thereof, as Airgas may request, and (B) in the case of any Foreign Borrower, Eurocurrency Loans only. Foreign Currency Loans may be repaid and reborrowed in accordance with the provisions hereof; , provided, however, that no more than eleven (11) Eurocurrency 12 separate Eurodollar Loans which are Foreign Currency Loans (combined) shall be outstanding hereunder at any time. For purposes hereof, Eurocurrency Loans with different Interest Periods shall be considered as separate Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurocurrency Loan with a single Interest Period.

Appears in 1 contract

Samples: Credit Agreement (Hunt Corp)

Foreign Currency Commitment. Subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth herein, each Foreign Currency Lender severally agrees to make available to Airgas and the Foreign Borrowers such Foreign Currency Lender’s Applicable Percentage of revolving credit loans requested by Airgas or the applicable Foreign Borrower in U.S. Dollars or one or more Foreign Currencies (“Foreign Currency Loans”) from time to time from the Closing Date until the Maturity Date, or such earlier date as the Foreign Currency Commitments shall have been terminated as provided herein; provided, however, that the U.S. Dollar Equivalent of the aggregate principal amount of outstanding Foreign Currency Loans shall not exceed ONE HUNDRED TWENTY-FIVE MILLION U.S. DOLLARS ($100,000,000125,000,000) (as such aggregate maximum amount may be increased or reduced from time to time as provided in Section 4.4, the “Foreign Currency Committed Amount”); provided, further, (i) with regard to each Foreign Currency Lender individually, the U.S. Dollar Equivalent of such Foreign Currency Lender’s outstanding Foreign Currency Loans shall not exceed such Foreign Currency Lender’s Applicable Percentage of the Foreign Currency Committed Amount and (ii) with regard to the Foreign Currency Lenders collectively, the U.S. Dollar Equivalent of the aggregate principal amount of outstanding Foreign Currency Loans plus the Foreign Swingline Facility Reserve shall not exceed the Foreign Currency Committed Amount. Foreign Currency Loans denominated in Foreign Currencies shall consist of Eurocurrency Loans. Foreign Currency Loans denominated in U.S. Dollars may consist of (A) in the case of borrowings by Airgas, U.S. Base Rate Loans, Eurocurrency Loans or a combination thereof, as Airgas may request, and (B) in the case of any Foreign Borrower, Eurocurrency Loans only. Foreign Currency Loans may be repaid and reborrowed in accordance with the provisions hereof; provided, however, that no more than eleven fifteen (1115) Eurocurrency Loans which are Foreign Currency Loans (combined) shall be outstanding hereunder at any time. For purposes hereof, Eurocurrency Loans with different Interest Periods shall be considered as separate Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurocurrency Loan with a single Interest Period.

Appears in 1 contract

Samples: Credit Agreement (Airgas Inc)

Foreign Currency Commitment. Subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth herein, each Foreign Currency Lender severally agrees to make available to Airgas and the Foreign Borrowers such Foreign Currency Lender’s Applicable Foreign Currency Commitment Percentage of revolving credit loans requested by Airgas or the applicable Foreign Borrower in U.S. Dollars or one or more Foreign Currencies (“Foreign Currency Loans”) from time to time from the Closing Third Amendment Date until the Maturity Termination Date, or such earlier date as the Foreign Currency Commitments shall have been terminated as provided hereinherein for the purposes hereinafter set forth; provided, however, that the U.S. Dollar Equivalent of the aggregate principal amount of outstanding Foreign Currency Loans shall not exceed ONE HUNDRED SEVENTY-FIVE MILLION U.S. DOLLARS ($100,000,00075,000,000) (as such aggregate maximum amount may be increased or reduced from time to time as provided in Section 4.4, the Foreign Currency Committed Amount”); provided, further, (i) with regard to each Foreign Currency Lender individually, the U.S. Dollar Equivalent of such Foreign Currency Lender’s outstanding Foreign Currency Loans shall not exceed such Foreign Currency Lender’s Applicable Foreign Currency Commitment Percentage of the Foreign Currency Committed Amount and (ii) with regard to the Foreign Currency Lenders collectively, the U.S. Dollar Equivalent of the aggregate principal amount of outstanding Foreign Currency Loans plus the Foreign Swingline Facility Reserve shall not exceed the Foreign Currency Committed Amount. Foreign Currency Loans denominated in Foreign Currencies (other than Mexican Pesos) shall consist of Eurocurrency Loans. Foreign Borrowers organized under the laws of Mexico shall only be permitted to (and shall be the only Foreign Borrowers permitted to) borrow Mexican Pesos (which borrowings shall consist of Peso Rate Loans). Foreign Currency Loans denominated in U.S. Dollars may consist of (A) in the case of borrowings by Airgas, U.S. Base Rate Loans, Eurocurrency Loans or a combination thereof, as Airgas may request, and (B) in the case of any Foreign Borrower, Eurocurrency Loans only. Foreign Currency Loans may be repaid and reborrowed in accordance with the provisions hereof; provided, however, that no more than eleven seven (117) Peso Rate Loans and Eurocurrency Loans which are Foreign Currency Loans (combined) shall be outstanding hereunder at any time. For purposes hereof, Eurocurrency Loans and Peso Rate Loans with different Interest Periods shall be considered as separate Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurocurrency Loan or Peso Rate Loan, as applicable, with a single Interest Period.

Appears in 1 contract

Samples: Credit Agreement (Airgas Inc)

Time is Money Join Law Insider Premium to draft better contracts faster.