Lending Limits Clause Samples

Lending Limits. Borrower acknowledges, agrees and confirms that the obligations of all Lenders, including TFC, to make Loans under this Agreement to Borrower is limited to the lesser of: (i) the Borrowing Base or (ii) the Maximum Available Amount. Borrower further acknowledges, agrees and confirms that the obligation of each Lender, including TFC, to make loans hereunder to Borrower is limited to: (i) with respect to each Advance hereunder, each Lender's Pro Rata Percentage of any such Advance hereunder and (ii) with respect to all Advances made hereunder, such Lender's obligation hereunder shall be limited to its Pro Rata Percentage of the Maximum Available Amount. Notwithstanding anything heretofore to the contrary, Borrower acknowledges, agrees and confirms that Lenders shall have no obligation to make any Advance, nor shall Borrower be entitled to receive any Advance, if at any time, (x) the aggregate outstanding principal balance of the Revolving Loan Component and the Term Loan Component divided by the aggregate unpaid principal balance of all Eligible Notes Receivable pledged to Agent hereunder is, or would be as a result of any Advance, be in excess of the Maximum Effective Advance Rate, (y) Borrower has failed to substantially adhere to the Business Plan, including the Senior Lender Advance Schedule, as determined by Agent in its sole and absolute discretion; or (z) the most recent Weekly Flash Report indicates that Borrower has in excess of five million dollars ($5,000,000) in available unrestricted cash. Borrower acknowledges, agrees and confirms that Lenders' obligation to Borrower and Borrower's right to borrow under this Agreement is subject to the satisfaction of the conditions set forth in Section 4 hereof on or before May 31, 2002. Until such time as Agent determines that the conditions set forth in Section 4 hereof have been satisfied, all of Borrower's rights with respect to Advances shall be governed by and construed in accordance with the terms and conditions of the Original Loan Agreement, as modified by the Forbearance Agreement and the letter agreement dated April 15, 2002 (the "EXTENSION LETTER"). If the conditions set forth in Section 4 are not satisfied on or before May 31, 2002, then this Agreement, and the respective rights and obligations of the parties hereto, shall be null and void AB INITIO and of no further force and effect and the respective rights and obligations of Borrower, TFC and the other Lenders shall be governed by the terms and ...

Lending Limits. At the time of and immediately after giving effect to such Borrowing or the issuance, amendment, renewal or extension of such Letter of Credit, as applicable, (i) the Aggregate Revolving Exposure shall not exceed the Aggregate Revolving Commitments, (ii) the Foreign Currency Exposure shall not exceed the Foreign Currency Commitments and (iii) the Dollar Amount of the LC Exposure shall not exceed $75,000,000; and

Lending Limits. Borrower acknowledges, agrees and confirms that the obligations of all Lenders, including TFC, to make Loans under this Agreement to Borrower is limited to the lesser of: (i) the Borrowing Base or (ii) $30,000,000 (the "Maximum Available Revolving Amount"). Borrower further acknowledges, agrees and confirms that the obligation of each Lender, including TFC, to make loans hereunder to Borrower is limited to: (i) with respect to each Revolving Loan Advance hereunder, each Lender's Pro Rata Percentage of any such Advance hereunder and (ii) with respect to all Revolving Loan Advances made hereunder, such Lender's obligation hereunder shall be limited to its Commitment as set forth on Schedule A-2 hereto. Notwithstanding anything herein to the contrary, the maximum outstanding principal balance of the Loans, including the outstanding principal balances of the Acquisition/Construction Loan Component and the Revolving Loan Component, shall not exceed the Maximum Loan Amount at any time.

Lending Limits. The funding of such Borrowing or the issuance, amendment, renewal or extension of any Letter of Credit and all other Borrowings to be made and/or Letter(s) of Credit to be issued, amended, renewed or extended (as applicable) on the same day under this Agreement, shall not cause the Aggregate Revolving Credit Exposure to be greater than the Aggregate Revolving Commitment nor the Foreign Currency Exposure to exceed the Foreign Currency Sublimit.

Lending Limits. Notwithstanding anything contained in this Agreement to the contrary, under no circumstances shall Lender be required to advance any proceeds under the Loan, if such Advance would cause Lender to exceed its lending limits under any applicable banking regulation or violate any other law or regulation.

Lending Limits. Subject to Section 2.7 hereof, Borrower acknowledges, agrees and confirms that the obligations of Lender to make Loans under this Agreement to Borrower is limited to the lesser of: (i) the Borrowing Base or (ii) the maximum aggregate Commitment of $100,000,000.00.

Lending Limits. Borrower acknowledges, agrees and confirms that the obligation of all Lenders, including Textron Financial Corporation, to make Loans under this Agreement to the Borrower is limited to a maximum aggregate principal amount of $75,000,000. Borrower further acknowledges, agrees and confirms that the obligation of each Lender, including Textron

Lending Limits. Debtor acknowledges, agrees and confirms that the obligations of Lender after giving effect to all participations is limited to a maximum aggregate principal amount of $19,000,000. Debtor further acknowledges, agrees and confirms that the obligation of Lender to make the full amount of the Receivable Loan shall be subject to Lender participating $7,500,000 of the Receivable Loan.

Lending Limits. Borrower acknowledges, agrees and confirms that the obligations of all Lenders, including TFC, to make Loans under this Agreement to Borrower is limited to the lesser of: (i) the Borrowing Base or (ii) the maximum aggregate Commitment of $100,000,000.00. Borrower further acknowledges, agrees and confirms that the obligation of each Lender, including TFC, to make loans hereunder to Borrower is limited to: (i) with respect to each Advance hereunder, each Lender’s Pro Rata Percentage of any such Advance hereunder and (ii) with respect to all Advances made hereunder, such Lender’s obligation hereunder shall be limited to its Commitment as set forth on Exhibit A hereto, which may from time to time be increased by Agent and Lender upon written notice to Borrower.