Common use of Making of Loans Clause in Contracts

Making of Loans. (a) Except as contemplated by Section 2.11, Loans shall be either ABR Loans or Eurodollar Loans as the Borrowers may request subject to and in accordance with this Section, provided that all Loans made pursuant to the same Borrowing shall, unless otherwise specifically provided herein, be Loans of the same Type. Each Lender may fulfill its Commitment with respect to any Eurodollar Loan or ABR Loan by causing any lending office of such Lender to make such Loan; provided that any such use of a lending office shall not affect the obligation of the Borrowers to repay such Loan in accordance with the terms of this Agreement. Each Lender shall, subject to its overall policy considerations, use reasonable efforts (but shall not be obligated) to select a lending office which will not result in the payment of increased costs by the Borrowers pursuant to Sections 2.15 or 2.18. Subject to the other provisions of this Section and the provisions of Section 2.12, Borrowings of Loans of more than one Type may be incurred at the same time, provided that no more than twelve (12) Borrowings of Eurodollar Loans may be outstanding at any time.

Appears in 3 contracts

Samples: Revolving Credit Agreement (Interstate Bakeries Corp/De/), Revolving Credit Agreement (Interstate Bakeries Corp/De/), Revolving Credit Agreement (Interstate Bakeries Corp/De/)

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Making of Loans. (a) Except as contemplated by Section 2.11, Loans shall be either ABR Loans or Eurodollar Loans as the Borrowers may request subject to and in accordance with this Section, provided that all Loans made pursuant to the same Borrowing shall, unless otherwise specifically provided herein, be Loans of the same Type. Each Lender may fulfill its Commitment with respect to any Eurodollar Loan or ABR Loan by causing any lending office of such Lender to make such Loan; provided that any such use of a lending office shall not affect the obligation of the Borrowers to repay such Loan in accordance with the terms of this Agreement. Each Lender shall, subject to its overall policy considerations, use reasonable efforts (but shall not be obligated) to select a lending office which will not result in the payment of increased costs by the Borrowers pursuant to Sections 2.15 or 2.18. Subject to the other provisions of this Section and the provisions of Section 2.12, Borrowings of Loans of more than one Type may be incurred at the same time, provided that no more than twelve ten (1210) Borrowings of Eurodollar Loans may be outstanding at any time.

Appears in 2 contracts

Samples: Revolving Credit Agreement (Icg Holdings Inc), Credit and Guaranty Agreement (Usg Corp)

Making of Loans. (a) Except as contemplated by Section 2.11, Loans shall be either ABR Loans or Eurodollar Loans as the Borrowers Borrower may request subject to and in accordance with this Section, provided that all Loans made pursuant to the same Borrowing shall, unless otherwise specifically provided herein, be Loans of the same Type. Each Lender may fulfill its Commitment with respect to any Eurodollar Loan or ABR Loan by causing any lending office of such Lender to make such Loan; provided that any such use of a lending office shall not affect the obligation of the Borrowers Borrower to repay such Loan in accordance with the terms of this Agreement. Each Lender shall, subject to its overall policy considerations, use reasonable efforts (but shall not be obligated) to select a lending office which will not result in the payment of increased costs by the Borrowers Borrower pursuant to Sections 2.15 or 2.18Section 2.15. Subject to the other provisions of this Section and the provisions of Section 2.12, Borrowings of Loans of more than one Type may be incurred at the same time, provided that no more than twelve five (125) Borrowings of Eurodollar Loans may be outstanding at any time.

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Guilford Mills Inc), Credit and Guaranty Agreement (Thermadyne Holdings Corp /De)

Making of Loans. (a) Except as contemplated by Section 2.11, Loans shall be either ABR Loans or Eurodollar Loans as the Borrowers Borrower may request subject to and in accordance with this Section, provided that all Loans made pursuant to the same Borrowing shall, unless otherwise specifically provided herein, be Loans of the same Type. Each Lender Bank may fulfill its Commitment with respect to any Eurodollar Loan or ABR Loan by causing any lending office of such Lender Bank to make such Loan; provided that any such use of a lending office shall not affect the obligation of the Borrowers Borrower to repay such Loan in accordance with the terms of this Agreement. Each Lender Bank shall, subject to its overall policy considerations, use reasonable efforts (but shall not be obligated) to select a lending office which will not result in the payment of increased costs by the Borrowers Borrower pursuant to Sections 2.15 or 2.18Section 2.15. Subject to the other provisions of this Section and the provisions of Section 2.12, Borrowings of Loans of more than one Type may be incurred at the same time, provided that no more than twelve ten (1210) Borrowings of Eurodollar Loans may be outstanding at any time.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Burlington Industries Inc /De/)

Making of Loans. (a) Except as contemplated by Section 2.11, Loans shall be either ABR Loans or Eurodollar Loans as the Borrowers Borrower may request subject to and in accordance with this Section, provided that all Loans made pursuant to the same Borrowing shall, unless otherwise specifically provided herein, be Loans of the same Type. Each Lender may fulfill its Commitment with respect to any Eurodollar Loan or ABR Loan by causing any lending office of such Lender to make such Loan; provided that any such use of a lending office shall not affect the obligation of the Borrowers Borrower to repay such Loan in accordance with the terms of this Agreement. Each Lender shall, subject to its overall policy considerations, use reasonable efforts (but shall not be obligated) to select a lending office which will not result in the payment of increased costs by the Borrowers Borrower pursuant to Sections 2.15 or 2.18Section 2.15. Subject to the other provisions of this Section and the provisions of Section 2.12, Borrowings of Loans of more than one Type may be incurred at the same time, provided that no more than twelve ten (1210) Borrowings of Eurodollar Loans may be outstanding at any time.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (McLeodusa Inc)

Making of Loans. (a) Except as contemplated by Section 2.11, Loans shall be either ABR Loans or Eurodollar Loans as the Borrowers may request subject to and in accordance with this Section, provided that all Loans made pursuant to the same Borrowing shall, unless otherwise specifically provided herein, be Loans of the same Type. Each Lender may fulfill its Commitment with respect to any Eurodollar Loan or ABR Loan by causing any lending office of such Lender to make such Loan; provided that any such use of a lending office shall not affect the obligation of the Borrowers to repay such Loan in accordance with the terms of this Agreement. Each Lender shall, subject to its overall policy considerations, use reasonable efforts (but shall not be obligated) to select a lending office which will not result in the payment of increased costs by the Borrowers pursuant to Sections 2.15 or 2.18. Subject to the other provisions of this Section and the provisions of Section 2.12, Borrowings of Loans of more than one Type may be incurred at the same time, provided that no more than twelve fifteen (1215) Borrowings of Eurodollar Loans may be outstanding at any time.

Appears in 1 contract

Samples: Loan and Guaranty Agreement (Federal Mogul Corp)

Making of Loans. (a) Except as contemplated by Section 2.11, Loans shall be either ABR ------------ Index Rate Loans or Eurodollar Loans as the Borrowers may request subject to and in accordance with this Section, provided that all Loans made pursuant to the same Borrowing shall, unless otherwise specifically provided herein, be Loans of the same Type. Each Lender may fulfill its Commitment with respect to any Eurodollar Loan or ABR Index Rate Loan by causing any lending office of such Lender to make such Loan; provided that any such use of a lending office shall -------- not affect the obligation of the Borrowers to repay such Loan in accordance with the terms of this Agreement. Each Lender shall, subject to its overall policy considerations, use reasonable efforts (but shall not be obligated) to select a lending office which will not result in the payment of increased costs by the Borrowers pursuant to Sections 2.15 or 2.18. Subject to the other ------------- ---- provisions of this Section and the provisions of Section 2.12, Borrowings of ------------ Loans of more than one Type may be incurred at the same time, provided that no -------- more than twelve ten (1210) Borrowings of Eurodollar Loans may be outstanding at any time.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Bethlehem Steel Corp /De/)

Making of Loans. (a) Except as contemplated by Section 2.112.9, Loans shall be either ABR Loans or Eurodollar Loans as the Borrowers Borrower may request subject to and in accordance with this Section, provided that all Loans made pursuant to the same Borrowing shall, unless otherwise specifically provided herein, be Loans of the same Type. Each Lender Bank may fulfill its Commitment with respect to any Eurodollar Loan or ABR Loan by causing any lending office of such Lender Bank to make such Loan; provided that any such use of a lending office shall not affect the obligation of the Borrowers Borrower to repay such Loan in accordance with the terms of this Agreement. Each Lender Bank shall, subject to its overall policy considerations, use reasonable efforts (but shall not be obligated) to select a lending office which will not result in the payment of increased costs by the Borrowers Borrower pursuant to Sections 2.15 or 2.18Section 2.15. Subject to the other provisions of this Section and the provisions of Section 2.12, Borrowings of Loans of more than one Type may be incurred at the same time, provided that no more than twelve five (125) Borrowings of Eurodollar Loans may be outstanding at any time.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Alliance Entertainment Corp)

Making of Loans. (a) Except as contemplated by Section 2.11, Loans shall be either ABR Loans or Eurodollar Loans as the Borrowers may request subject to and in accordance with this Section, provided that all Loans made pursuant to the same Borrowing shall, unless otherwise specifically provided herein, be Loans of the same Type. Each Lender may fulfill its Commitment with respect to any Eurodollar Loan or ABR Loan by causing any lending office of such Lender to make such Loan; provided that any such use of a lending office shall not affect the obligation of the Borrowers to repay such Loan in accordance with the terms of this Agreement. Each Lender shall, subject to its overall policy considerations, use reasonable efforts (but shall not be obligated) to select a lending office which will not result in the payment of increased costs by the Borrowers pursuant to Sections 2.15 or 2.18. Subject to the other provisions of this Section and the provisions of Section 2.12, Borrowings of Loans of more than one Type may be incurred at the same time, provided that no more than twelve (12) Borrowings of Eurodollar Loans may be outstanding at any time. All borrowings outstanding under the Prior Agreement as of the initial extension of credit under this Agreement shall be deemed to be outstanding under this Agreement and allocated pro rata among the Lenders in accordance with their Commitment Percentages as of the Closing Date.

Appears in 1 contract

Samples: Revolving Credit Agreement (Interstate Bakeries Corp/De/)

Making of Loans. (a) Except as contemplated by Section 2.112.10, Loans shall be either ABR Loans or Eurodollar Loans as the Borrowers Borrower may request subject to and in accordance with this Section, provided that all Loans made pursuant to the same Borrowing shall, unless otherwise specifically provided herein, be Loans of the same Type. Each Lender Bank may fulfill its Commitment with respect to any Eurodollar Loan or ABR Loan by causing any lending office of such Lender Bank to make such Loan; provided that any such use of a lending office shall not affect the obligation of the Borrowers Borrower to repay such Loan in accordance with the terms of this Agreementthe applicable Note. Each Lender Bank shall, subject to its overall policy considerations, use reasonable efforts (but shall not be obligated) to select a lending office which will not result in the payment of increased costs by the Borrowers Borrower pursuant to Sections 2.15 or 2.18Section 2.14. Subject to the other provisions of this Section and the provisions of Section 2.122.11, Borrowings of Loans of more than one Type may be incurred at the same time, provided that no more than twelve five (125) Borrowings of Eurodollar Loans may be outstanding at any time.

Appears in 1 contract

Samples: Revolving Credit and Guaranty Agreement (Flagstar Companies Inc)

Making of Loans. (a) Except as contemplated by Section 2.11, Loans shall be either ABR Loans or Eurodollar Loans as the Borrowers Borrower may request subject to and in accordance with this Section, provided PROVIDED that all Loans made pursuant to the same Borrowing shall, unless otherwise specifically provided herein, be Loans of the same Type. Each Lender Bank may fulfill its Commitment with respect to any Eurodollar Loan or ABR Loan by causing any lending office of such Lender Bank to make such Loan; provided PROVIDED that any such use of a lending office shall not affect the obligation of the Borrowers Borrower to repay such Loan in accordance with the terms of this Agreement. Each Lender Bank shall, subject to its overall policy considerations, use reasonable efforts (but shall not be obligated) to select a lending office which will not result in the payment of increased costs by the Borrowers Borrower pursuant to Sections 2.15 or 2.18Section 2.15. Subject to the other provisions of this Section and the provisions of Section 2.12, Borrowings of Loans of more than one Type may be incurred at the same time, provided PROVIDED that no more than twelve five (125) Borrowings of Eurodollar Loans may be outstanding at any time.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Paragon Trade Brands Inc)

Making of Loans. (a) Except as contemplated by Section 2.112.10, Loans shall be either ABR Loans or Eurodollar Loans as the Borrowers Borrower may request subject to and in accordance with this Section, provided that all Loans made pursuant to the same Borrowing shall, unless otherwise specifically provided herein, be Loans of the same Type. Each Lender may fulfill its Commitment with respect to any Eurodollar Loan or ABR Loan by causing any lending office of such Lender to make such Loan; provided that any such use of a lending office shall not affect the obligation of the Borrowers Borrower to repay such Loan in accordance with the terms of this Agreement. Each Lender shall, subject to its overall policy considerations, use reasonable efforts (but shall not be obligated) to select a lending office which will minimize or not result in the payment of increased costs by the Borrowers Borrower pursuant to Sections 2.15 2.14 or 2.182.17. Subject to the other provisions of this Section and the provisions of Section 2.122.11, Borrowings of Loans of more than one Type may be incurred at the same time, provided that no more than twelve seven (127) Borrowings of Eurodollar Loans may be outstanding at any time.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Hayes Lemmerz International Inc)

Making of Loans. (a) Except as contemplated by Section 2.11, Loans shall be either ABR Loans or Eurodollar Loans as the Borrowers Borrower may request subject to and in accordance with this Section, provided provided, that all Loans made pursuant to the same Borrowing shall, unless otherwise specifically provided herein, be Loans of the same Type. Each Lender may fulfill its Tranche A Commitment or Tranche B Commitment with respect to any Eurodollar Loan or ABR Loan by causing any lending office of such Lender to make such Loan; provided provided, that any such use of a lending office shall not affect the obligation of the Borrowers Borrower to repay such Loan in accordance with the terms of this Agreement. Each Lender shall, subject to its overall policy considerations, use reasonable efforts (but shall not be obligated) to select a lending office which will not result in the payment of increased costs by the Borrowers Borrower pursuant to Sections 2.15 or 2.18Section 2.15. Subject to the other provisions of this Section and the provisions of Section 2.12, Borrowings of Loans of more than one Type may be incurred at the same time, provided that no more than twelve ten (1210) Borrowings of Eurodollar Loans may be outstanding at any time.

Appears in 1 contract

Samples: Loan and Guaranty Agreement (Ual Corp /De/)

Making of Loans. (a1) Except as contemplated by Section 2.11, Loans shall be either ABR Loans or Eurodollar Loans as the Borrowers Borrower may request subject to and in accordance with this Section, provided that all Loans made pursuant to the same Borrowing shall, unless otherwise specifically provided herein, be Loans of the same Type. Each Lender Bank may fulfill its Commitment with respect to any Eurodollar Loan or ABR Loan by causing any lending office of such Lender Bank to make such Loan; provided that any such use of a lending office shall not affect the obligation of the Borrowers Borrower to repay such Loan in accordance with the terms of this Agreement. Each Lender Bank shall, subject to its overall policy considerations, use reasonable efforts (but shall not be obligated) to select a lending office which will not result in the payment of increased costs by the Borrowers Borrower pursuant to Sections 2.15 or 2.18Section 2.15. Subject to the other provisions of this Section and the provisions of Section 2.12, Borrowings of Loans of more than one Type may be incurred at the same time, provided that no more than twelve seven (127) Borrowings of Eurodollar Loans may be outstanding at any time.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Brunos Inc)

Making of Loans. (a) Except as contemplated by Section 2.112.8, Loans shall be either ABR Loans or Eurodollar Loans as the Borrowers Borrower may request subject to and in accordance with this Section; provided, provided that all Loans made pursuant to the same Borrowing shall, unless otherwise specifically provided herein, be Loans of the same Type. Each Lender may fulfill its Commitment with respect to any Eurodollar Loan or ABR Loan by causing any lending office of such Lender to make such Loan; provided provided, that any such use of a lending office shall not affect the obligation of the Borrowers Borrower to repay such Loan in accordance with the terms of this Agreementthe applicable Note. Each Lender shall, subject to its overall policy considerations, use reasonable efforts (but shall not be obligated) to select a lending office which will not result in the payment of increased costs by the Borrowers Borrower pursuant to Sections 2.15 or 2.18Section 2.14. Subject to the other provisions of this Section and the provisions of Section 2.122.11, Borrowings of Loans of more than one Type may be incurred at the same time; provided, provided that no more than twelve five (125) Borrowings of Eurodollar Loans may be outstanding out- standing at any time.

Appears in 1 contract

Samples: Revolving Credit Agreement (Payless Cashways Inc)

Making of Loans. (a) Except as contemplated by Section 2.11, Loans shall be either ABR Loans or Eurodollar Loans as the Borrowers Borrower may request subject to and in accordance with this Section, provided that all Loans made pursuant to the same Borrowing shall, unless otherwise specifically provided herein, be Loans of the same Type. Each Lender may fulfill its Commitment with respect to any Eurodollar Loan or ABR Loan by causing any lending office of such Lender to make such Loan; provided that any such use of a lending office shall not affect the obligation of the Borrowers Borrower to repay such Loan in accordance with the terms of this Agreement. Each Lender shall, subject to its overall policy considerations, use reasonable efforts (but shall not be obligated) to select a lending office which will not result in the payment of increased costs by the Borrowers Borrower pursuant to Sections Section 2.15 or Section 2.18. Subject to the other provisions of this Section and the provisions of Section 2.12, Borrowings of Loans of more than one Type may be incurred at the same time, provided that no more than twelve six (126) Borrowings of Eurodollar Loans may be outstanding at any time.

Appears in 1 contract

Samples: Guaranty and Security Agreement (Acterna Corp)

Making of Loans. (a) Except a)Except as contemplated by Section 2.11, Loans shall be either ABR Loans or Eurodollar Loans as the Borrowers Borrower may request subject to and in accordance with this Section, provided that all Loans made pursuant to the same Borrowing shall, unless otherwise specifically provided herein, be Loans of the same Type. Each Lender Bank may fulfill its Commitment with respect to any Eurodollar Loan or ABR Loan by causing any lending office of such Lender Bank to make such Loan; provided that any such use of a lending office shall not affect the obligation of the Borrowers Borrower to repay such Loan in accordance with the terms of this Agreement. Each Lender Bank shall, subject to its overall policy considerations, use reasonable efforts (but shall not be obligated) to select a lending office which will not result in the payment of increased costs by the Borrowers Borrower pursuant to Sections 2.15 or 2.18Section 2.15. Subject to the other provisions of this Section and the provisions of Section 2.12, Borrowings of Loans of more than one Type may be incurred at the same time, provided that no more than twelve seven (127) Borrowings of Eurodollar Loans may be outstanding at any time.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Brunos Inc)

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Making of Loans. (a) Except as contemplated by Section 2.11, Loans shall be either ABR Loans or Eurodollar Loans as the Borrowers Borrower may request subject to and in accordance with this Section, provided PROVIDED that all Loans made pursuant to the same Borrowing shall, unless otherwise specifically provided herein, be Loans of the same Type. Each Lender Bank may fulfill its Commitment with respect to any Eurodollar Loan or ABR Loan by causing any lending office of such Lender Bank to make such Loan; provided PROVIDED that any such use of a lending office shall not affect the obligation of the Borrowers Borrower to repay such Loan in accordance with the terms of this Agreement. Each Lender Bank shall, subject to its overall policy considerations, use reasonable efforts (but shall not be obligated) to select a lending office which will not result in the payment of increased costs by the Borrowers Borrower pursuant to Sections 2.15 or 2.18Section 2.15. Subject to the other provisions of this Section and the provisions of Section 2.12, Borrowings of Loans of more than one Type may be incurred at the same time, provided that no more than twelve ten (1210) Borrowings of Eurodollar Loans may be outstanding at any time.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (LTV Corp)

Making of Loans. (a) Except as contemplated by Section 2.11, Loans shall be either ABR Loans or Eurodollar Loans as the Borrowers Borrower may request subject to and in accordance with this Section, provided that all Loans made pursuant to the same Borrowing shall, unless otherwise specifically provided herein, be Loans of the same Type. Each Lender may fulfill its Commitment with respect to any Eurodollar Loan or ABR Loan by causing any lending office of such Lender to make such Loan; provided that any such use of a lending office shall not affect the obligation of the Borrowers Borrower to repay such Loan in accordance with the terms of this Agreement. Each Lender shall, subject to its overall policy considerations, use reasonable efforts (but shall not be obligated) to select a lending office which will not result in the payment of increased costs by the Borrowers Borrower pursuant to Sections 2.15 or 2.18Section 2.15. Subject to the other provisions of this Section and the provisions of Section 2.12, Borrowings of Loans of more than one Type may be incurred at the same time, provided that no more than twelve seven (127) Borrowings of Eurodollar Loans may be outstanding at any time.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Polymer Group Inc)

Making of Loans. (a) Except as contemplated by Section 2.11, Loans shall be either ABR Loans or Eurodollar Loans as the Borrowers Borrower may request subject to and in accordance with this Section, provided PROVIDED that all Loans made pursuant to the same Borrowing shall, unless otherwise specifically provided herein, be Loans of the same Type. Each DIP Lender may fulfill its Commitment with respect to any Eurodollar Loan or ABR Loan by causing any lending office of such DIP Lender to make such Loan; provided PROVIDED that any such use of a lending office shall not affect the obligation of the Borrowers Borrower to repay such Loan in accordance with the terms of this Agreement. Each DIP Lender shall, subject to its overall policy considerations, use reasonable efforts (but shall not be obligated) to select a lending office which that will not result in the payment of increased costs by the Borrowers Borrower pursuant to Sections Section 2.15 or 2.18. Subject to the other provisions of this Section and the provisions of Section 2.12, Borrowings of Loans of more than one Type may be incurred at the same time, provided PROVIDED that no more than twelve five (125) Borrowings of Eurodollar Loans may be outstanding at any time.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Us Office Products Co)

Making of Loans. (a1) Except as contemplated by Section 2.11, Loans shall be either ABR Prime Rate Loans or Eurodollar Loans Loans, as the Borrowers Borrower may request request, subject to and in accordance with this Section, provided provided, that all Loans made pursuant to the same Borrowing shall, unless otherwise specifically provided herein, be Loans of the same Type. Each Lender Bank may fulfill its Commitment with respect to any Eurodollar Loan or ABR Prime Rate Loan by causing any lending office of such Lender Bank to make such Loan; provided that any such use of a lending office shall not affect the obligation of the Borrowers Borrower to repay such Loan in accordance with the terms of this Agreement. Each Lender Bank shall, subject to its overall policy considerations, use reasonable efforts (but shall not be obligated) to select a lending office which will not result in the payment of increased costs by the Borrowers Borrower pursuant to Sections 2.15 or 2.18Section 2.15. Subject to the other provisions of this Section and the provisions of Section 2.12, Borrowings of Loans of more than one Type may be incurred at the same time, provided that no more than twelve five (125]) Borrowings of Eurodollar Loans may be outstanding at any time.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Genesis Health Ventures Inc /Pa)

Making of Loans. (a) Except as contemplated by Section 2.11, Loans shall be either ABR Loans or Eurodollar Loans as the Borrowers Borrower may request subject to and in accordance with this Section, provided PROVIDED that all Loans made pursuant to the same Borrowing shall, unless otherwise specifically provided herein, be Loans of the same Type. Each DIP Lender may fulfill its Commitment with respect to any Eurodollar Loan or ABR Loan by causing any lending office of such DIP Lender to make such Loan; provided PROVIDED that any such use of a lending office shall not affect the obligation of the Borrowers Borrower to repay such Loan in accordance with the terms of this Agreement. Each DIP Lender shall, subject to its overall policy considerations, use reasonable efforts (but shall not be obligated) to select a lending office which that will not result in the payment of increased costs by the Borrowers Borrower pursuant to Sections 2.15 or 2.18Section 2.15. Subject to the other provisions of this Section and the provisions of Section 2.12, Borrowings of Loans of more than one Type may be incurred at the same time, provided PROVIDED that no more than twelve five (125) Borrowings of Eurodollar Loans may be outstanding at any time.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Laroche Industries Inc)

Making of Loans. (a) Except as contemplated by Section 2.112.09, Loans shall be either ABR Loans or Eurodollar Loans as the Borrowers Systemax may request subject to and in accordance with this Section, provided that all Loans made pursuant to the same Borrowing shall, unless otherwise specifically provided herein, be Loans of the same Type. Each Lender Bank may fulfill its Commitment portion of Maximum Revolving Loan Amount with respect to any Eurodollar Loan or ABR Loan by causing any lending office of such Lender Bank to make such Loan; provided that any such use of a lending office shall not affect the obligation of the Borrowers to repay such Loan in accordance with the terms of this Agreement. Each Lender Bank shall, subject to its overall policy considerations, use reasonable efforts (but shall not be obligated) to select a lending office which will not result in the payment of increased costs by the Borrowers pursuant to Sections 2.15 or 2.18Section 2.13. Subject to the other provisions of this Section and the provisions of Section 2.122.10, Borrowings of Loans of more than one Type may be incurred at the same time, provided that no more than twelve eight (12) 8) Borrowings of Eurodollar Loans may be outstanding at any time.

Appears in 1 contract

Samples: Revolving Credit Agreement (Systemax Inc)

Making of Loans. (a) Except as contemplated by Section 2.11, Loans shall be either ABR Loans or Eurodollar Loans as the Borrowers may request subject to and in accordance with this Section, provided that all Loans made pursuant to the same Borrowing shall, unless otherwise specifically provided herein, be Loans of the same Type. Each Lender may fulfill its Commitment with respect to any Eurodollar Loan or ABR Loan by causing any lending office of such Lender to make such Loan; provided that any such use of a lending office shall not affect the obligation of the Borrowers to repay such Loan in accordance with the terms of this Agreement. Each Lender shall, subject to its overall policy considerations, use reasonable efforts (but shall not be obligated) to select a lending office which will not result in the payment of increased costs by the Borrowers pursuant to Sections 2.15 or 2.18. Subject to the other provisions of this Section and the ------------- ---- provisions of Section 2.12, Borrowings of Loans of more than one Type may be ------------ incurred at the same time, provided that no more than twelve fifteen (1215) Borrowings of Eurodollar Loans may be outstanding at any time.

Appears in 1 contract

Samples: Loan and Guaranty Agreement (Federal Mogul Corp)

Making of Loans. (a) Except as contemplated by Section 2.112.08, Loans shall be either ABR Loans or Eurodollar Loans as the Borrowers Borrower may request subject to and in accordance with this Section, provided that all Loans made pursuant to the same Borrowing shall, unless otherwise specifically provided herein, be Loans of the same Type. Each Lender Subject to Section 2.20 of this Agreement, each Bank may fulfill its Commitment with respect to any Eurodollar Loan or ABR Loan by causing any lending office of such Lender Bank to make such Loan; provided that any such use of a lending office shall not affect the obligation of the Borrowers Borrower to repay such Loan in accordance with the terms of this Agreementthe applicable Note. Each Lender Bank shall, subject to its overall policy considerations, use reasonable efforts (but shall not be obligated) to select a lending office which will not result in the payment of increased costs by the Borrowers Borrower pursuant to Sections 2.15 or 2.18Section 2.12. Subject to the other provisions of this Section and the provisions of Section 2.122.09, Borrowings of Loans of more than one Type may be incurred at the same time, provided that no more than twelve (12) ten Borrowings of Eurodollar Loans may be outstanding at any time.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Carson Pirie Scott & Co /Il/)

Making of Loans. (a) Except as contemplated by Section 2.11, Loans shall be either ABR Loans or Eurodollar Loans as the Borrowers Borrower may request subject to and in accordance with this Section, provided that all Loans made pursuant to the same Borrowing shall, unless otherwise specifically provided herein, be Loans of the same Type. Each Lender Subject to Section 2.24 of this Agreement, each Bank may fulfill its Commitment with respect to any Eurodollar Loan or ABR Loan by causing any lending office of such Lender Bank to make such Loan; provided that any such use of a lending office shall not affect the obligation of the Borrowers Borrower to repay such Loan in accordance with the terms of this Agreementthe applicable Note. Each Lender Bank shall, subject to its overall policy considerations, use reasonable efforts (but shall not be obligated) to select a lending office which will not result in the payment of increased costs by the Borrowers Borrower pursuant to Sections 2.15 or 2.18Section 2.15. Subject to the other provisions of this Section and the provisions of Section 2.12, Borrowings of Loans of more than one Type may be incurred at the same time, provided that no more than twelve (12) ten Borrowings of Eurodollar Loans may be outstanding at any time.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Carson Pirie Scott & Co /Il/)

Making of Loans. (a) Except as contemplated by Section 2.11, Loans shall be either ABR Loans or Eurodollar Loans as the Borrowers Borrower may request subject to and in accordance with this Section, provided that all Loans made pursuant to the same Borrowing shall, unless otherwise specifically provided herein, be Loans of the same Type. Each Lender may fulfill its Commitment with respect to any Eurodollar Loan or ABR Loan by causing any lending office of such Lender to make such Loan; provided that any such use of a lending office shall not affect the obligation of the Borrowers Borrower to repay such Loan in accordance with the terms of this Agreement. Each Lender shall, subject to its overall policy considerations, use reasonable efforts (but shall not be obligatedobligated beyond such reasonable efforts) to select a lending office which will not result in the payment of increased costs by the Borrowers Borrower pursuant to Sections 2.15 or 2.18Section 2.15. Subject to the other provisions of this Section and the provisions of Section 2.12, Borrowings of Loans of more than one Type may be incurred at the same time, provided that no more than twelve seven (127) Borrowings of Eurodollar Loans may be outstanding at any time.

Appears in 1 contract

Samples: Revolving Credit Agreement (Viasystems Group Inc)

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