Common use of Provisions Regarding Deemed Requests for Revolving Loans Clause in Contracts

Provisions Regarding Deemed Requests for Revolving Loans. Lender shall have no obligation to honor any deemed request for a Revolving Loan under Sections 2.4(a)(i) or (ii), if (i) such request is deemed made after the Termination Date, (ii) doing so would cause the Working Capital Obligations to exceed the lesser of the Revolving Loan Commitment and the Borrowing Base, or (iii) Lender determines that any condition precedent in Section 4.2 hereof or any other condition precedent to the making of such Loan is not then satisfied or will not be satisfied when such Loan is to be made; provided, Lender may make such Revolving Loan in its sole and absolute discretion and without regard to the existence of, and without being deemed to have waived, any Default or Event of Default which may then exist or arise from the making of such Revolving Loan. Lender may make Revolving Loans under Sections 2.4(a)(i) and (ii) without Borrower Agent’s having submitted a request (whether telephonic or in writing) therefor. Subject to Section 2.3(g), all Revolving Loans made pursuant to Sections 2.4(a)(i) and (ii) shall be made as LIR Loans.

Appears in 2 contracts

Samples: Loan and Security Agreement (Dreams Inc), Loan and Security Agreement (Dreams Inc)

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Provisions Regarding Deemed Requests for Revolving Loans. Lender shall have no obligation to honor any deemed request for a Revolving Loan under Sections 2.4(a)(iclauses (i) or (ii) of Section 2.4(a), if (i) such request is deemed made after the Termination Date, (ii) doing so would cause the total Working Capital Obligations then outstanding (inclusive of such Loan) to exceed the lesser of the Revolving Loan Commitment and the Borrowing BaseCommitment, or (iii) Lender determines that any condition precedent in Section 4.2 hereof or any other condition precedent to the making of such Loan is not then satisfied or will not be satisfied when such Loan is to be made; provided, that, notwithstanding the foregoing, Lender may make such Revolving Loan in its sole and absolute discretion and without regard to the existence of, and without being deemed to have waived, any Default or Event of Default which may then exist or arise from the making of such Revolving LoanLoan and without regard to the absence of satisfaction of any condition precedent, whether set forth in Section 4.2 or otherwise. Lender may make Revolving Loans under Sections 2.4(a)(iclauses (i) and (ii) of Section 2.4(a) without Borrower AgentRepresentative’s having submitted a request (whether telephonic or Notice of Borrowing in writing) thereforregard thereto. Subject to Section 2.3(g) and Section 2.3(h), as applicable, all Revolving Loans made pursuant to Sections 2.4(a)(iclauses (i) and (ii) of Section 2.4(a) shall be made as LIR BSBY Loans.

Appears in 1 contract

Samples: Loan Agreement (Sturm Ruger & Co Inc)

Provisions Regarding Deemed Requests for Revolving Loans. Lender shall have no obligation to honor any deemed request for a Revolving Loan under Sections 2.4(a)(iclauses (i) or (ii) of Section 2.1(b), if (i) such request is deemed made after the Termination Maturity Date, (ii) doing so would cause the Working Capital Obligations to exceed the lesser of the Revolving Loan Commitment and the Borrowing Base, or (iiiii) Lender determines that any condition precedent in Section 4.2 5.2 hereof or any other condition precedent to the making of such Loan is not then satisfied or will not be satisfied when such Loan is to be made; provided, that, notwithstanding the foregoing, Lender may make such Revolving Loan in its sole and absolute discretion and without regard to the existence of, and without being deemed to have waived, any Default or Event of Default which may then exist or arise from the making of such Revolving LoanLoan and without regard to the absence of satisfaction of any condition precedent, whether set forth in Section 5.2 or otherwise. Lender may make Revolving Loans under Sections 2.4(a)(iclauses (i) and (ii) of Section 2.1(b) without Borrower Agent’s having submitted a request (whether telephonic or Funding Notice in writing) thereforregard thereto. Subject to Section 2.3(g2.5(g), as applicable, all Revolving Loans made pursuant to Sections 2.4(a)(iclauses (i) and (ii) of Section 2.1(b) shall be made as LIR BSBY Loans.

Appears in 1 contract

Samples: Credit Agreement (Hibbett Inc)

Provisions Regarding Deemed Requests for Revolving Loans. Lender shall have no obligation to honor any deemed request for a Revolving Loan under Sections 2.4(a)(i) or (ii), if (i) such request is deemed made after the Termination Date, (ii) doing so would cause the Working Capital Obligations to exceed the lesser of (A) the Revolving Loan Commitment and or (B) the Borrowing Base, or (iii) Lender determines that any condition precedent in Section 4.2 hereof or any other condition precedent to the making of such Loan is not then satisfied or will not be satisfied when such Loan is to be made; provided, Lender may make such Revolving Loan in its sole and absolute discretion and without regard to the existence of, and without being deemed to have waived, any Default or Event of Default which may then exist or arise from the making of such Revolving Loan. Lender may make Revolving Loans under Sections 2.4(a)(i) and (ii) without Borrower Agent’s Borrowers’ having submitted a request (whether telephonic or in writing) therefor. Subject to Section 2.3(g), all Revolving Loans made pursuant to Sections 2.4(a)(i) and (ii) shall be made as LIR Loans.

Appears in 1 contract

Samples: Loan and Security Agreement (Autoinfo Inc)

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Provisions Regarding Deemed Requests for Revolving Loans. Lender shall have no obligation to honor any deemed request for a Revolving Loan under Sections 2.4(a)(i) or (ii), if (i) such request is deemed made after the Termination Date, (ii) doing so would cause the Working Capital Obligations to exceed the lesser of the Revolving Loan Commitment and the Borrowing Base, or (iii) Lender determines that any condition precedent in Section 4.2 hereof or any other condition precedent to the making of such Loan is not then satisfied or will not be satisfied when such Loan is to be made; provided, Lender may make such Revolving Loan in its sole and absolute discretion and without regard to the existence of, and without being deemed to have waived, any Default or Event of Default which may then exist or arise from the making of such Revolving LoanLoan and without regard to the absence of satisfaction of any condition precedent. Lender may make Revolving Loans under Sections 2.4(a)(i) and (ii) without Borrower Agent’s having submitted a request (whether telephonic or Notice of Borrowing in writing) thereforregard thereto. Subject to Section 2.3(g), all Revolving Loans made pursuant to Sections 2.4(a)(iclauses (i) and (ii) of Section 2.4(a) shall be made as LIR Loans.

Appears in 1 contract

Samples: Loan and Security Agreement (Englobal Corp)

Provisions Regarding Deemed Requests for Revolving Loans. Lender shall have no obligation to honor any deemed request for a Revolving Loan under Sections 2.4(a)(i) or (ii), if (i) such request is deemed made after the Revolving Loan Termination Date, (ii) doing so would cause the Working Capital Obligations to exceed the lesser of the Revolving Loan Commitment and the Borrowing Base, or (iii) Lender determines that any condition precedent in Section 4.2 hereof or any other condition precedent to the making of such Loan is not then satisfied or will not be satisfied when such Loan is to be made; provided, Lender may make such Revolving Loan in its sole and absolute discretion and without regard to the existence of, and without being deemed to have waived, any Default or Event of Default which may then exist or arise from the making of such Revolving Loan. Subject to Subsection 2.8(a), Lender may make Revolving Loans under Sections 2.4(a)(i) and (ii) without Borrower AgentBorrower’s having submitted a request (whether telephonic or in writing) therefor. Subject to Section 2.3(g), all Revolving Loans made pursuant to Sections 2.4(a)(i) and (ii) shall be made as LIR Loans.

Appears in 1 contract

Samples: Loan and Security Agreement (Transcend Services Inc)

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