Common use of Making of Loans Clause in Contracts

Making of Loans. (a) Except as set forth in Sections 2.18 and 2.26, Loans (other than Swingline Loans) by the Lenders shall be either Prime Rate Loans or LIBO Loans as the Lead Borrower on behalf of the Borrowers may request subject to and in accordance with this Section 2.4, provided that all Swingline Loans shall be only Prime Rate Loans. 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 Loan by causing any lending office of such Lender to make such Loan; but 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 the applicable Note. Each Lender shall, subject to its overall policy considerations, use reasonable efforts (but shall not be obligated) to select a lending office (or transfer its Loans to another lending office) which will not result in the payment of increased costs by the Borrowers pursuant to Section 2.25. Subject to the other provisions of this Section 2.4 and the provisions of Section 2.26, Borrowings of Loans of more than one Type may be incurred at the same time, but no more than fifteen (15) Borrowings of LIBO Loans may be outstanding at any time.

Appears in 5 contracts

Samples: Credit Agreement (Caleres Inc), Credit Agreement (Brown Shoe Co Inc), Credit Agreement (Caleres Inc)

AutoNDA by SimpleDocs

Making of Loans. (a) Except as set forth in Sections 2.18 2.16 and 2.262.24, Loans (other than Swingline Loans) by the Lenders shall be either Prime Rate Loans or LIBO Loans as the Lead Borrower on behalf of the Borrowers may request subject to and in accordance with this Section 2.42.3, provided that all Swingline Loans shall be only Prime Rate Loans. 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 Loan by causing any lending office of such Lender to make such Loan; but 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 the applicable Note. Each Lender shall, subject to its overall policy considerations, use reasonable efforts (but shall not be obligated) to select a lending office (or transfer its Loans to another lending office) which will not result in the payment of increased costs by the Borrowers pursuant to Section 2.252.23. Subject to the other provisions of this Section 2.4 2.3 and the provisions of Section 2.262.24, Borrowings of Loans of more than one Type may be incurred at the same time, but no more than fifteen twenty (1520) Borrowings of LIBO Loans may be outstanding at any time.

Appears in 1 contract

Samples: Credit Agreement (GameStop Corp.)

Making of Loans. (a) Except as set forth in Sections 2.18 SECTION 2.16 and 2.26SECTION 2.24, Loans (other than Swingline Loans) by the Lenders shall be either Prime Base Rate Loans or LIBO Loans as the Lead Borrower on behalf of the Borrowers may request subject to and in accordance with this Section 2.4SECTION 2.03, provided that all Swingline Loans shall be only Prime Base Rate Loans. 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 Revolving Commitment with respect to any Loan by causing any lending office of such Lender to make such Loan; but 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 the applicable Note. Each Lender shall, subject to its overall policy considerations, use reasonable efforts (but shall not be obligated) to select a lending office (or transfer its Loans to another lending office) which will not result in the payment of increased costs by the Borrowers pursuant to Section 2.25SECTION 2.23. Subject to the other provisions of this Section 2.4 SECTION 2.03 and the provisions of Section 2.26SECTION 2.24, Borrowings of Loans of more than one Type may be incurred at the same time, but no more than fifteen five (155) Borrowings of LIBO Loans may be outstanding at any time.

Appears in 1 contract

Samples: Credit Agreement (Jo-Ann Stores Inc)

Making of Loans. (a) Except as set forth in Sections 2.18 2.17 and 2.262.24, Tranche A Loans (other than Swingline Loans) by the Tranche A Lenders shall be either Prime Rate ABR Loans or LIBO Eurodollar Loans as the Lead Borrower on behalf of the Borrowers may request subject to and in accordance with this Section 2.42.3, provided that all Swingline Loans shall be only Prime Rate ABR Loans. 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 Loan by causing any lending office of such Lender to make such Loan; but 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 the applicable Note. Each Lender shall, subject to its overall policy considerations, use reasonable efforts (but shall not be obligated) to select a lending office (or transfer its Loans to another lending office) which will not result in the payment of increased costs by the Borrowers Borrower pursuant to Section 2.252.23. Subject to the other provisions of this Section 2.4 2.3 and the provisions of Section 2.262.24, Borrowings of Loans of more than one Type may be incurred at the same time, but no more than fifteen four (154) Borrowings of LIBO Eurodollar Loans may be outstanding at any time.

Appears in 1 contract

Samples: Credit Agreement (Lamonts Apparel Inc)

Making of Loans. (a) Except as set forth in Sections 2.18 2.17 and 2.262.25, Loans (other than Swingline Loans) by the Lenders shall be either Prime Rate Loans or LIBO Loans as the Lead Borrower on behalf of the Borrowers may request subject to and in accordance with this Section 2.4, provided that all Swingline Loans shall be only Prime Rate Loans. 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 Loan by causing any lending office of such Lender to make such Loan; but 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 the applicable Note. Each Lender shall, subject to its overall policy considerations, use reasonable efforts (but shall not be obligated) to select a lending office (or transfer its Loans to another lending office) which will not result in the payment of increased costs by the Borrowers pursuant to Section 2.252.24. Subject to the other provisions of this Section 2.4 and the provisions of Section 2.262.25, Borrowings of Loans of more than one Type may be incurred at the same time, but no more than fifteen ten (1510) Borrowings of LIBO Loans may be outstanding at any time.

Appears in 1 contract

Samples: Credit Agreement (Gamestop Corp)

Making of Loans. (a) Except as set forth in Sections 2.18 2.16 and 2.262.24, Tranche A Loans (other than Swingline Loans) by the Tranche A Lenders shall be either Prime Base Rate Loans or LIBO Eurodollar Loans as the Lead Borrower Xxxxxx-Xxxxxx on behalf of the Borrowers Loan Parties may request subject to and in accordance with this Section 2.42.03, provided that all Swingline Loans shall be only Prime Base Rate Loans. 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 Loan by causing any lending office of such Lender to make such Loan; but any such use of a lending office shall not affect the obligation of the Borrowers Loan Parties to repay such Loan in accordance with the terms of the applicable Note. Each Lender shall, subject to its overall policy considerations, use reasonable efforts (but shall not be obligated) to select a lending office (or transfer its Loans to another lending office) which will not result in the payment of increased costs by the Borrowers Loan Parties pursuant to Section 2.252.23. Subject to the other provisions of this Section 2.4 2.03 and the provisions of Section 2.262.24, Borrowings of Loans of more than one Type may be incurred at the same time, but no more than fifteen ten (1510) Borrowings of LIBO Eurodollar Loans may be outstanding at any time.

Appears in 1 contract

Samples: Possession Credit Agreement (Heilig Meyers Co)

Making of Loans. (a) Except as set forth in Sections 2.18 and 2.26contemplated by Section 2.8, Loans (other than Swingline Loans) by the Lenders shall be either Prime Rate ABR Loans or LIBO Eurodollar Loans as the Lead Borrower on behalf of the Borrowers may request subject to and in accordance with this Section 2.4Section; provided, provided that all Swingline Loans shall be only Prime Rate Loans. All Loans made pursuant to the same Borrowing shall, unless otherwise specifically provided herein, be Loans of the same Type. Each New Revolving Lender may fulfill its Commitment (and with respect to the conversion of any New Term Loans, each New Term Lender may convert such Loans) with respect to any Eurodollar Loan or ABR Loan by causing any lending office Lending Office of such Lender to make (or convert, as the case may be) such Loan; but provided, that any such use of a lending office Lending Office shall not affect the obligation of the Borrowers Borrower to repay such Loan in accordance with the terms of the applicable Note. Each Lender shall, subject to its overall policy considerations, use reasonable efforts (but shall not be obligated) to select a lending office (or transfer its Loans to another lending office) Lending Office which will not result in the payment of increased costs by the Borrowers Borrower pursuant to Section 2.252.14. Subject to the other provisions of this Section 2.4 and the provisions of Section 2.262.11, Borrowings of Loans of more than one Type may be incurred at the same time; provided, but that no more than fifteen five (155) Borrowings of LIBO Eurodollar Loans may be outstanding at any time.

Appears in 1 contract

Samples: Credit Agreement (Payless Cashways Inc)

Making of Loans. (a) Except as set forth in Sections 2.18 2.16 and 2.262.24, Loans (other than Swingline Loans) by the Lenders shall be either Prime Rate Loans or LIBO LIBOR Loans as the Lead Borrower on behalf of the Borrowers may request subject to and in accordance with this Section 2.42.3, provided that all Swingline Loans shall be only Prime Rate Loans. 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 Loan by causing any lending office of such Lender to make such Loan; but 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 the applicable Note. Each Lender shall, subject to its overall policy considerations, use reasonable efforts (but shall not be obligated) to select a lending office (or transfer its Loans to another lending office) which will not result in the payment of increased costs by the Borrowers pursuant to Section 2.252.23. Subject to the other provisions of this Section 2.4 2.3 and the provisions of Section 2.262.24, Borrowings of Loans of more than one Type may be incurred at the same time, but no more than fifteen seven (157) Borrowings of LIBO LIBOR Loans may be outstanding at any time.

Appears in 1 contract

Samples: Credit Agreement (GameStop Corp.)

Making of Loans. (a) Except as set forth in Sections 2.18 2.17 and 2.262.25, Loans (other than Swingline Loans) by the Lenders shall be either Prime Rate Loans or LIBO Loans as the Lead Borrower on behalf of the Borrowers may request subject to and in accordance with this Section 2.42.03, provided that all Swingline Loans shall be only Prime Rate Loans. 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 Loan by causing any lending office of such Lender to make such Loan; but 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 the applicable Note. Each Lender shall, subject to its overall policy considerations, use reasonable efforts (but shall not be obligated) to select a lending office (or transfer its Loans to another lending office) which will not result in the payment of increased costs by the Borrowers pursuant to Section 2.252.24. Subject to the other provisions of this Section 2.4 2.03 and the provisions of Section 2.262.25, Borrowings of Loans of more than one Type may be incurred at the same time, but no more than fifteen six (156) Borrowings of LIBO Loans may be outstanding at any time.

Appears in 1 contract

Samples: Credit Agreement (Tweeter Home Entertainment Group Inc)

Making of Loans. (a) Except as set forth in Sections 2.18 2.17 and 2.262.25, Loans (other than Swingline Loans) by the Revolving Credit Lenders shall be either Prime Rate Loans or LIBO Loans as the Lead Borrower on behalf of the Borrowers may request subject to and in accordance with this Section 2.42.03, provided that all Swingline Loans shall be only Prime Rate Loans. All Revolving Credit Loans made pursuant to the same Borrowing shall, unless otherwise specifically provided herein, be Loans of the same Type. Each Revolving Credit Lender may fulfill its Commitment with respect to any Loan by causing any lending office of such Revolving Credit Lender to make such Loan; but 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 the applicable Note. Each Revolving Credit Lender shall, subject to its overall policy considerations, use reasonable efforts (but shall not be obligated) to select a lending office (or transfer its Loans to another lending office) which will not result in the payment of increased costs by the Borrowers pursuant to Section 2.25. Subject to the other provisions of this Section 2.4 2.03 and the provisions of Section 2.262.25, Borrowings of Loans of more than one Type may be incurred at the same time, but no more than fifteen four (154) Borrowings of LIBO Loans may be outstanding at any time.

Appears in 1 contract

Samples: Credit Agreement (Wet Seal Inc)

Making of Loans. (a) Except as set forth in Sections 2.18 2.16 and 2.262.24, Loans (other than Swingline Loans) by the Lenders shall be either Prime Rate Loans or LIBO Loans as the Lead Borrower on behalf of the Borrowers may request subject to and in accordance with this Section 2.42.3, provided that all Swingline Loans shall be only Prime Rate Loans. 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 Loan by causing any lending office of such Lender to make such Loan; but 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 the applicable Note. Each Lender shall, subject to its overall policy considerations, use reasonable efforts (but shall not be obligated) to select a lending office (or transfer its Loans to another lending office) which will not result in the payment of increased costs by the Borrowers pursuant to Section 2.252.23. Subject to the other provisions of this Section 2.4 2.3 and the provisions of Section 2.262.24, Borrowings of Loans of more than one Type may be incurred at the same time, but no more than fifteen seven (157) Borrowings of LIBO Loans may be outstanding at any time.

Appears in 1 contract

Samples: Credit Agreement (GameStop Corp.)

Making of Loans. (a) Except as set forth in Sections 2.18 2.17 and 2.262.25, Loans (other than Swingline Loans) by the Revolving Credit Lenders shall be either Prime Rate Loans or LIBO Loans as the Lead Borrower on behalf of the Borrowers may request subject to and in accordance with this Section 2.42.04, provided that all Swingline Loans shall be only Prime Rate Loans. All Revolving Credit Loans made pursuant to the same Borrowing shall, unless otherwise specifically provided herein, be Loans of the same Type. Each Revolving Credit Lender may fulfill its Commitment with respect to any Loan by causing any lending office of such Revolving Credit Lender to make such Loan; but 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 the applicable Note. Each Revolving Credit Lender shall, subject to its overall policy considerations, use reasonable efforts (but shall not be obligated) to select a lending office (or transfer its Loans to another lending office) which will not result in the payment of increased costs by the Borrowers pursuant to Section 2.25. Subject to the other provisions of this Section 2.4 2.04 and the provisions of Section 2.262.25, Borrowings of Loans of more than one Type may be incurred at the same time, but no more than fifteen four (154) Borrowings of LIBO Loans may be outstanding at any time.

Appears in 1 contract

Samples: Credit Agreement (Wet Seal Inc)

Making of Loans. (a) Except as set forth in Sections 2.18 Section 2.16 and 2.26Section 2.24, Loans (other than Swingline Loans) by the Lenders shall be either Prime Base Rate Loans or LIBO LIBOR Loans as the Lead Borrower on behalf of the Borrowers may request subject to and in accordance with this Section 2.42.03, provided that all Swingline Loans shall be only Prime Base Rate Loans. 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 Loan by causing any lending office of such Lender to make such Loan; but 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 the applicable Note. Each Lender shall, subject to its overall policy considerations, use reasonable efforts (but shall not be obligated) to select a lending office (or transfer its Loans to another lending office) which will not result in the payment of increased costs by the Borrowers pursuant to Section 2.252.23. Subject to the other provisions of this Section 2.4 2.03 and the provisions of Section 2.262.24, Borrowings of Loans of more than one Type may be incurred at the same time, but no more than fifteen (15) Borrowings of LIBO LIBOR Loans may be outstanding at any time.

Appears in 1 contract

Samples: Credit Agreement (Dillards Inc)

Making of Loans. (a) Except as set forth in Sections 2.18 and 2.26Section 2.09, Tranche A Loans (other than Swingline Loans) by the Tranche A Lenders shall be either Prime Rate ABR Loans or LIBO (so long as no Event of Default has occurred and is continuing and the making of Eurodollar Loans by any Tranche A Lender is not illegal or impractical) Eurodollar Loans as the Lead Borrower on behalf of the Borrowers may request subject to and in accordance with this Section 2.4, provided that all Swingline 2.03. All Tranche B Loans shall be only Prime Rate Plus Loans. 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 Loan by causing any lending office of such Lender to make such Loan; but 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 the applicable Note. Each Lender shall, subject to its overall policy considerations, use reasonable efforts (but shall not be obligated) to select a lending office (or transfer its Loans to another lending office) which will not result in the payment of increased costs by the Borrowers Borrower pursuant to Section 2.252.15. Subject to the other provisions of this Section 2.4 2.03 and the provisions of Section 2.262.16, Borrowings of Loans of more than one Type may be incurred at the same time, but no more than fifteen (15) five Borrowings of LIBO Eurodollar Loans may be outstanding at any time.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (New Horizons of Yonkers Inc)

AutoNDA by SimpleDocs

Making of Loans. (a) . (a) Except as set forth in Sections 2.18 and 2.26, Loans (other than Swingline Loans) by the Lenders shall be either Prime Rate Loans or LIBO Loans as the Lead Borrower on behalf of the Borrowers may request subject to and in accordance with this Section 2.4, provided that all Swingline Loans shall be only Prime Rate Loans. 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 Loan by causing any lending office of such Lender to make such Loan; but 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 the applicable Note. Each Lender shall, subject to its overall policy considerations, use reasonable efforts (but shall not be obligated) to select a lending office (or transfer its Loans to another lending office) which will not result in the payment of increased costs by the Borrowers pursuant to Section 2.25. Subject to the other provisions of this Section 2.4 and the provisions of Section 2.26, Borrowings of Loans of more than one Type may be incurred at the same time, but no more than fifteen (15) Borrowings of LIBO Loans may be outstanding at any time.

Appears in 1 contract

Samples: Credit Agreement (Brown Shoe Co Inc)

Making of Loans. (a) Except as set forth in Sections 2.18 SECTION 2.17 and 2.26SECTION 2.25, Loans (other than Swingline Loans) by the Lenders shall be either Prime Rate Loans or LIBO Loans as the Lead Borrower on behalf of (acting through any Financial Officer, the Borrowers Assistant Treasurer or the Cash Administration Manager) may request subject to and in accordance with this Section 2.4SECTION 2.04, provided that all Swingline Loans shall be only Prime Rate Loans. 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 Loan by causing any lending office of such Lender to make such Loan; but 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 the applicable Note. Each Lender shall, subject to its overall policy considerations, use reasonable efforts (but shall not be obligated) to select a lending office (or transfer its Loans to another lending office) which will not result in the payment of increased costs by the Borrowers Borrower pursuant to Section 2.25SECTION 2.24. Subject to the other provisions of this Section 2.4 SECTION 2.04 and the provisions of Section 2.26SECTION 2.25, Borrowings of Loans of more than one Type may be incurred at the same time, but no more than fifteen seven (157) Borrowings of LIBO Loans may be outstanding at any time.

Appears in 1 contract

Samples: Credit Agreement (Longs Drug Stores Corp)

Making of Loans. (ai) Except as set forth in Sections 2.18 and 2.26Section 2.09, Tranche A Loans (other than Swingline Loans) by the Tranche A Lenders shall be either Prime Rate ABR Loans or LIBO (so long as no Event of Default has occurred and is continuing and the making of Eurodollar Loans by any Tranche A Lender is not illegal or impractical) Eurodollar Loans as the Lead Borrower on behalf of the Borrowers may request subject to and in accordance with this Section 2.4, provided that all Swingline 2.03. All Tranche B Loans shall be only Prime Rate Plus Loans. 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 Loan by causing any lending office of such Lender to make such Loan; but 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 the applicable Note. Each Lender shall, subject to its overall policy considerations, use reasonable efforts (but shall not be obligated) to select a lending office (or transfer its Loans to another lending office) which will not result in the payment of increased costs by the Borrowers Borrower pursuant to Section 2.252.15. Subject to the other provisions of this Section 2.4 2.03 and the provisions of Section 2.262.16, Borrowings of Loans of more than one Type may be incurred at the same time, but no more than fifteen (15) five Borrowings of LIBO Eurodollar Loans may be outstanding at any time.

Appears in 1 contract

Samples: Revolving Credit and Guaranty Agreement (Bradlees Inc)

Making of Loans. (a) Except as set forth in Sections 2.18 2.17 and 2.262.24, Tranche A Loans (other than Swingline Loans) by the Tranche A Lenders shall be either Prime Rate ABR Loans or LIBO Eurodollar Loans as the Lead Borrower on behalf of the Borrowers may request subject to and in accordance with this Section 2.42.03, provided that all Swingline Loans shall be only Prime Rate ABR Loans. 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 Loan by causing any lending office of such Lender to make such Loan; but 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 the applicable Note. Each Lender shall, subject to its overall policy considerations, use reasonable efforts (but shall not be obligated) to select a lending office (or transfer its Loans to another lending office) which will not result in the payment of increased costs by the Borrowers Borrower pursuant to Section 2.252.23. Subject to the other provisions of this Section 2.4 2.03 and the provisions of Section 2.262.24, Borrowings of Loans of more than one Type may be incurred at the same time, but no more than fifteen seven (157) Borrowings of LIBO Eurodollar Loans may be outstanding at any time.

Appears in 1 contract

Samples: Credit Agreement (Hechinger Co)

Making of Loans. (a) Except as set forth in Sections 2.18 2.16 and 2.262.24, Loans (other than Swingline Loans) by the Lenders shall be either Prime Rate Loans or LIBO Loans as the Lead Borrower on behalf of the Borrowers may request subject to and in accordance with this Section 2.42.3, provided that and all Swingline Loans shall be only Prime Rate Loans. 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 Loan by causing any lending office of such Lender to make such Loan; but 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 the applicable Note. Each Lender shall, subject to its overall policy considerations, use reasonable efforts (but shall not be obligated) to select a lending office (or transfer its Loans to another lending office) which will not result in the payment of increased costs by the Borrowers pursuant to Section 2.252.23. Subject to the other provisions of this Section 2.4 2.3 and the provisions of Section 2.262.24, Borrowings of Loans of more than one Type may be incurred at the same time, but no more than fifteen ten (1510) Borrowings of LIBO Loans may be outstanding at any time.

Appears in 1 contract

Samples: Credit Agreement (Genesco Inc)

Making of Loans. (a) Except as set forth in Sections 2.18 2.17 and 2.262.25, Loans (other than Swingline Loans) by the Lenders shall be either Prime Rate Loans or LIBO Loans as the Lead Borrower on behalf of the Borrowers may request subject to and in accordance with this Section 2.42.03, provided that all Swingline Loans shall be only Prime Rate Loans. 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 Loan by causing any lending office of such Lender to make such Loan; but 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 the applicable Note. Each Lender shall, subject to its overall policy considerations, use reasonable efforts (but shall not be obligated) to select a lending office (or transfer its Loans to another lending office) which will not result in the payment of increased costs by the Borrowers pursuant to Section 2.25. Subject to the other provisions of this Section 2.4 2.03 and the provisions of Section 2.262.25, Borrowings of Loans of more than one Type may be incurred at the same time, but no more than fifteen four (154) Borrowings of LIBO Loans may be outstanding at any time.

Appears in 1 contract

Samples: Credit Agreement (Wet Seal Inc)

Making of Loans. (a) Except a)Except as set forth in Sections 2.18 and andSection 2.26, Loans (other than Swingline Loans) by the Lenders shall be either Prime Rate Loans or LIBO Loans as the Lead Borrower on behalf of the Borrowers may request subject to and in accordance with this Section 2.4, provided that all Swingline Loans shall be only Prime Rate Loans. 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 Loan by causing any lending office of such Lender to make such Loan; but 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 the applicable Note. Each Lender shall, subject to its overall policy considerations, use reasonable efforts (but shall not be obligated) to select a lending office (or transfer its Loans to another lending office) which will not result in the payment of increased costs by the Borrowers pursuant to Section 2.25. Subject to the other provisions of this Section 2.4 and the provisions of Section 2.26, Borrowings of Loans of more than one Type may be incurred at the same time, but no more than fifteen fifteentwelve (151512) Borrowings of LIBO Loans may be outstanding at any time.

Appears in 1 contract

Samples: Credit Agreement (Caleres Inc)

Making of Loans. (a) Except as set forth in Sections 2.18 2.17 and 2.262.25, Loans (other than Swingline Loans) by the Lenders shall be either Prime Rate Loans or LIBO Loans as the Lead Borrower on behalf of the Borrowers may request subject to and in accordance with this Section 2.42.04, provided that all Swingline Loans shall be only Prime Rate Loans. 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 Loan by causing any lending office of such Lender to make such Loan; but 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 the applicable Note. Each Lender shall, subject to its overall policy considerations, use reasonable efforts (but shall not be obligated) to select a lending office (or transfer its Loans to another lending office) which will not result in the payment of increased costs by the Borrowers Borrower pursuant to Section 2.252.24. Subject to the other provisions of this Section 2.4 2.04 and the provisions of Section 2.262.25, Borrowings of Loans of more than one Type may be incurred at the same time, but no more than fifteen five (155) Borrowings of LIBO Loans may be outstanding at any time.

Appears in 1 contract

Samples: Credit Agreement (Dri I Inc)

Making of Loans. (a) Except as set forth in Sections 2.18 and 2.26, Loans (other than Swingline Loans) by the Lenders shall be either Prime Rate Loans or LIBO Loans as the Lead Borrower on behalf of the Borrowers may request subject to and in accordance with this Section 2.42.04, provided that all Swingline Loans shall be only Prime Rate Loans. 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 Loan by causing any lending office of such Lender to make such Loan; but 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 the applicable Note. Each Lender shall, subject to its overall policy considerations, use reasonable efforts (but shall not be obligated) to select a lending office (or transfer its Loans to another lending office) which will not result in the payment of increased costs by the Borrowers pursuant to Section 2.25. Subject to the other provisions of this Section 2.4 2.04 and the provisions of Section 2.26, Borrowings of Loans of more than one Type may be incurred at the same time, but no more than fifteen ten (1510) Borrowings of LIBO Loans may be outstanding at any time.

Appears in 1 contract

Samples: Credit Agreement (Circuit City Stores Inc)

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