Common use of Revolving B Loans Clause in Contracts

Revolving B Loans. Subject to the terms and conditions set forth herein, each Revolving B Lender severally agrees to make loans (each such loan, a “Revolving B Loan”) to the Revolving B Borrowers in Dollars, Australian Dollars or New Zealand Dollars from time to time on any Business Day during the Availability Period in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s Revolving B Commitment; provided, however, that after giving effect to any Borrowing of Revolving B Loans, (i) the Total Revolving B Outstandings shall not exceed the Aggregate Revolving B Commitments, (ii) the aggregate Outstanding Amount of the Revolving B Loans of any Lender shall not exceed such Lender’s Revolving B Commitment, and (iii) the Total Revolving Outstandings shall not exceed the Aggregate Revolving Commitments. Each Revolving B Lender may, at its option, make any Revolving B Loan available to any Revolving B Borrower that is a Foreign Subsidiary by causing any foreign or domestic branch or Affiliate of such Lender to make such Revolving B Loan; provided that any exercise of such option shall not affect the obligation of such Revolving B Borrower to repay such Revolving B Loan in accordance with the terms of this Agreement. Within the limits of each Lender’s Revolving B Commitment, and subject to the other terms and conditions hereof, the Revolving B Borrowers may borrow under this Section 2.01(b), prepay under Section 2.05, and reborrow under this Section 2.01(b). Revolving B Loans denominated in Dollars may be Base Rate Loans or Eurocurrency Rate Loans, or a combination thereof, as further provided herein. Revolving B Loans denominated in Australian Dollars or New Zealand Dollars shall be Eurocurrency Rate Loans. In the event that the Initial Borrowing Date shall not have occurred on or prior to the Termination Date, each Revolving B Lender’s Revolving B Commitment shall automatically expire, and each Revolving B Lender shall have no further obligation to make Revolving B Loans.

Appears in 1 contract

Samples: Credit Agreement (Fleetcor Technologies Inc)

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Revolving B Loans. Subject to the terms and conditions set forth herein, each Revolving B Lender severally agrees to make loans (each such loan, a “Revolving B Loan”) to the Revolving A/B Borrowers in Dollars, Australian Dollars or New Zealand Dollars in one or more Alternative Currencies from time to time on any Business Day during the Availability Period for the Revolving B Commitments in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s Revolving B Commitment; provided, however, that after giving effect to any Borrowing of Revolving B Loans, (i) the Total Revolving B Outstandings shall not exceed the Aggregate Revolving B Commitments, (ii) the aggregate Outstanding Amount of the Revolving B Loans of any Lender plus such Lender’s Applicable Percentage of the Outstanding Amount of all Foreign Swing Line Loans shall not exceed such Lender’s Revolving B Commitment, and (iii) the Total Revolving Outstandings shall not exceed the Aggregate Revolving Commitments. Each Revolving B Lender may, at its option, make any Revolving B Loan available to any Revolving A/B Borrower that is a Foreign Subsidiary by causing any foreign or domestic branch or Affiliate of such Lender to make such Revolving B Loan; provided that any exercise of such option shall not affect the obligation of such Revolving A/B Borrower to repay such Revolving B Loan in accordance with the terms of this Agreement. Within the limits of each Lender’s Revolving B Commitment, and subject to the other terms and conditions hereof, the Revolving A/B Borrowers may borrow under this Section 2.01(b), prepay under Section 2.05, and reborrow under this Section 2.01(b). Revolving B Loans denominated in Dollars may be Base Rate Loans or Eurocurrency Rate Loans, or a combination thereof, as further provided herein. Revolving B Loans denominated in Australian Dollars or New Zealand Dollars shall be Eurocurrency herein (provided that Lux 2 may not borrow Base Rate Loans). In the event that the Initial Borrowing Date shall not have occurred on or prior to the Termination Date, each Revolving B Lender’s Revolving B Commitment shall automatically expire, and each Revolving B Lender shall have no further obligation to make Revolving B Loans.lv CHAR1\1792192v4

Appears in 1 contract

Samples: Credit Agreement (Fleetcor Technologies Inc)

Revolving B Loans. Subject to the terms and conditions set forth herein, each Revolving B Lender severally agrees to make loans (each such loan, a “Revolving B Loan”) to the Revolving A/B Borrowers in Dollars, Australian Dollars or New Zealand Dollars in one or more Alternative Currencies from time to time on any Business Day during the Availability Period for the Revolving B Commitments in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s Revolving B Commitment; provided, however, that after giving effect to any Borrowing of Revolving B Loans, (i) the Total Revolving B Outstandings shall not exceed the Aggregate Revolving B Commitments, (ii) the aggregate Outstanding Amount of the Revolving B Loans of any Lender plus such Lender’s Applicable Percentage of the Outstanding Amount of all Foreign Swing Line Loans shall not exceed such Lender’s Revolving B Commitment, and (iii) the Total Revolving Outstandings shall not exceed the Aggregate Revolving Commitments. Each Revolving B Lender may, at its option, make any Revolving B Loan available to any Revolving A/B Borrower that is a Foreign Subsidiary by causing any foreign or domestic branch or Affiliate of such Lender to make such Revolving B Loan; provided that any exercise of such option shall not affect the obligation of such Revolving A/B Borrower to repay such Revolving B Loan in accordance with the terms of this Agreement. Within the limits of each Lender’s Revolving B Commitment, and subject to the other terms and conditions hereof, the Revolving A/B Borrowers may borrow under this Section 2.01(b), prepay under Section 2.05, and reborrow under this Section 2.01(b). Revolving B Loans denominated in Dollars may be Base Rate Loans, Term SOFR Loans, Alternative Currency Daily Rate Loans or Eurocurrency Alternative Currency Term Rate Loans, Loans or a combination thereof, as further provided herein. Revolving B Loans denominated in Australian Dollars or New Zealand Dollars shall be Eurocurrency herein (provided that Lux 2 may not borrow Base Rate Loans. In the event that the Initial Borrowing Date shall not have occurred on or prior to the Termination Date, each Revolving B Lender’s Revolving B Commitment shall automatically expire, and each Revolving B Lender shall have no further obligation to make Revolving B Loans).

Appears in 1 contract

Samples: Credit Agreement (Fleetcor Technologies Inc)

Revolving B Loans. Subject Each Revolving B Loan Lender severally agrees, subject to the terms and conditions limitations set forth hereinbelow in the last sentence hereof, each Revolving B Lender severally agrees to make loans (each such loan, a “Revolving B Loan”) lend to Company from time to time during the period from the Second Amendment Effective Date to the Revolving B Borrowers Loan Commitment Termination Date an aggregate amount not exceeding its Pro Rata Share of the aggregate amount of the Revolving B Loan Commitment to be used for the purposes identified in Dollarssubsection 2.5F. The amount of each Revolving B Loan Lender's Revolving B Loan Commitment is set forth opposite its name on Schedule 2.1 annexed hereto and the aggregate amount of the Revolving B Loan Commitments as of the Second Amendment Effective Date is $30,000,000; provided that the Revolving B Loan Commitment of Lenders shall be adjusted to give effect to any assignments of the Revolving B Loan Commitment pursuant to subsection 10.1B; and provided further, Australian Dollars or New Zealand Dollars that the Revolving B Loan Commitment shall be reduced from time to time on any Business Day during the Availability Period in an aggregate amount not to exceed at any time outstanding by the amount of such Lender’s any reductions thereto made pursuant to subsections 2.4B(ii) and 2.4B(iii). Each Revolving B Commitment; provided, however, that after giving effect to any Borrowing of Loan Lender's Revolving B Loans, (i) Loan Commitment shall expire on the Total Revolving B Outstandings shall not exceed the Aggregate Loan Commitment Termination Date and all Revolving B Commitments, (ii) the aggregate Outstanding Amount of Loans and all other amounts owed hereunder with respect to the Revolving B Loans of any Lender shall not exceed such Lender’s Revolving B Commitment, and (iii) the Total Revolving Outstandings shall not exceed the Aggregate Revolving Commitments. Each Revolving B Lender may, at its option, make any Revolving B Loan available Commitments shall be paid in full no later than that date. Amounts borrowed under this subsection 2.1A(vii) may be repaid and reborrowed to any but excluding the Revolving B Borrower that is a Foreign Subsidiary by causing any foreign or domestic branch or Affiliate of such Lender to make such Revolving B LoanLoan Commitment Termination Date; provided that any exercise of such option shall not affect from the obligation of such Revolving B Borrower to repay such Revolving B Loan in accordance with the terms of this Agreement. Within the limits of each Lender’s Revolving B CommitmentSecond Amendment Effective Date through March 14, 2001 and subject to the other terms and conditions hereoffrom June 16, 2001 through March 14, 2002, the Revolving B Borrowers Company may borrow under this Section 2.01(b), prepay under Section 2.05, and reborrow under this Section 2.01(b). Revolving B Loans denominated in Dollars may be Base Rate Loans or Eurocurrency Rate Loans, or a combination thereof, as further provided herein. Revolving B Loans denominated in Australian Dollars or New Zealand Dollars shall be Eurocurrency Rate Loans. In the event that the Initial Borrowing Date shall not have occurred on or prior to the Termination Date, each Revolving B Lender’s Revolving B Commitment shall automatically expire, and each Revolving B Lender shall have no further obligation to make any outstanding Revolving B Loans."

Appears in 1 contract

Samples: Assignment Agreement (Hines Horticulture Inc)

Revolving B Loans. Subject Each Revolving B Loan Lender severally agrees, subject to the terms and conditions limitations set forth hereinbelow in the last sentence hereof, each Revolving B Lender severally agrees to make loans (each such loan, a “Revolving B Loan”) lend to Company from time to time during the period from the Second Amendment Effective Date to the Revolving B Borrowers Loan Commitment Termination Date an aggregate amount not exceeding its Pro Rata Share of the aggregate amount of the Revolving B Loan Commitment to be used for the purposes identified in Dollarssubsection 2.5F. The amount of each Revolving B Loan Lender's Revolving B Loan Commitment is set forth opposite its name on Schedule 2.1 annexed hereto and the aggregate amount of the Revolving B Loan Commitments as of the Second Amendment Effective Date is $30,000,000; provided that the Revolving B Loan Commitment of Lenders shall be adjusted to give effect to any assignments of the Revolving B Loan Commitment pursuant to subsection 10.1B; and provided further, Australian Dollars or New Zealand Dollars that the Revolving B Loan Commitment shall be reduced from time to time on any Business Day during the Availability Period in an aggregate amount not to exceed at any time outstanding by the amount of such Lender’s any reductions thereto made pursuant to subsections 2.4B(ii) and 2.4B(iii). Each Revolving B Commitment; provided, however, that after giving effect to any Borrowing of Loan Lender's Revolving B Loans, (i) Loan Commitment shall expire on the Total Revolving B Outstandings shall not exceed the Aggregate Loan Commitment Termination Date and all Revolving B Commitments, (ii) the aggregate Outstanding Amount of Loans and all other amounts owed hereunder with respect to the Revolving B Loans of any Lender shall not exceed such Lender’s Revolving B Commitment, and (iii) the Total Revolving Outstandings shall not exceed the Aggregate Revolving Commitments. Each Revolving B Lender may, at its option, make any Revolving B Loan available Commitments shall be paid in full no later than that date. Amounts borrowed under this subsection 2.1A(vii) may be repaid and reborrowed to any but excluding the Revolving B Borrower that is a Foreign Subsidiary by causing any foreign or domestic branch or Affiliate of such Lender to make such Revolving B LoanLoan Commitment Termination Date; provided that any exercise of such option shall not affect the obligation of such Revolving B Borrower to repay such Revolving B Loan in accordance with the terms of this Agreement. Within the limits of each Lender’s Revolving B Commitmentfrom June 16, 2002 through January 31, 2003 and subject to the other terms and conditions hereoffrom June 16, 2003 through January 31, 2004, the Revolving B Borrowers Company may borrow under this Section 2.01(b), prepay under Section 2.05, and reborrow under this Section 2.01(b). Revolving B Loans denominated in Dollars may be Base Rate Loans or Eurocurrency Rate Loans, or a combination thereof, as further provided herein. Revolving B Loans denominated in Australian Dollars or New Zealand Dollars shall be Eurocurrency Rate Loans. In the event that the Initial Borrowing Date shall not have occurred on or prior to the Termination Date, each Revolving B Lender’s Revolving B Commitment shall automatically expire, and each Revolving B Lender shall have no further obligation to make any outstanding Revolving B Loans.

Appears in 1 contract

Samples: Credit Agreement (Hines Horticulture Inc)

Revolving B Loans. Subject Each Revolving B Loan Lender severally agrees, subject to the terms and conditions limitations set forth hereinbelow in the last sentence hereof, each Revolving B Lender severally agrees to make loans (each such loan, a “Revolving B Loan”) lend to Company from time to time during the period from the Second Amendment Effective Date to the Revolving B Borrowers Loan Commitment Termination Date an aggregate amount not exceeding its Pro Rata Share of the aggregate amount of the Revolving B Loan Commitment to be used for the purposes identified in Dollarssubsection 2.5F. The amount of each Revolving B Loan Lender's Revolving B Loan Commitment is set forth opposite its name on Schedule 2.1 annexed hereto and the aggregate amount of the Revolving B Loan Commitments as of the Second Amendment Effective Date is $30,000,000; provided that the Revolving B Loan Commitment of Lenders shall be adjusted to give effect to any assignments of the Revolving B Loan Commitment pursuant to subsection 10.1B; and provided further, Australian Dollars or New Zealand Dollars that the Revolving B Loan Commitment shall be reduced from time to time on any Business Day during the Availability Period in an aggregate amount not to exceed at any time outstanding by the amount of such Lender’s any reductions thereto made pursuant to subsections 2.4B(ii) and 2.4B(iii). Each Revolving B Commitment; provided, however, that after giving effect to any Borrowing of Loan Lender's Revolving B Loans, (i) Loan Commitment shall expire on the Total Revolving B Outstandings shall not exceed the Aggregate Loan Commitment Termination Date and all Revolving B Commitments, (ii) the aggregate Outstanding Amount of Loans and all other amounts owed hereunder with respect to the Revolving B Loans of any Lender shall not exceed such Lender’s Revolving B Commitment, and (iii) the Total Revolving Outstandings shall not exceed the Aggregate Revolving Commitments. Each Revolving B Lender may, at its option, make any Revolving B Loan available Commitments shall be paid in full no later than that date. Amounts borrowed under this subsection 2.1A(vii) may be repaid and reborrowed to any but excluding the Revolving B Borrower that is a Foreign Subsidiary by causing any foreign or domestic branch or Affiliate of such Lender to make such Revolving B LoanLoan Commitment Termination Date; provided that any exercise of such option shall not affect from the obligation of such Revolving B Borrower to repay such Revolving B Loan in accordance with Second Amendment Effective Date through March 14, 2001 and from June 16, 2001 through the terms of this Agreement. Within the limits of each Lender’s Revolving B Commitment, and subject to the other terms and conditions hereofThird Amendment Effective Date, the Revolving B Borrowers Company may borrow under this Section 2.01(b), prepay under Section 2.05, and reborrow under this Section 2.01(b). Revolving B Loans denominated in Dollars may be Base Rate Loans or Eurocurrency Rate Loans, or a combination thereof, as further provided herein. Revolving B Loans denominated in Australian Dollars or New Zealand Dollars shall be Eurocurrency Rate Loans. In the event that the Initial Borrowing Date shall not have occurred on or prior to the Termination Date, each Revolving B Lender’s Revolving B Commitment shall automatically expire, and each Revolving B Lender shall have no further obligation to make any outstanding Revolving B Loans.

Appears in 1 contract

Samples: Credit Agreement (Hines Horticulture Inc)

Revolving B Loans. Subject to the terms and conditions set forth herein, each Each Revolving B Lender severally agrees agrees, subject to make loans (each such loan, a “the limitations set forth below with respect to the ----------------- maximum amount of Revolving B Loan”) Loans permitted to be outstanding from time to time, to lend to Borrowers from time to time during the period from the Closing Date to but excluding the Revolving B Loan Commitment Termination Date an aggregate amount not exceeding its Pro Rata Share of the aggregate amount of the Revolving B Loan Commitments to be used for the purposes identified in subsection 2.5B. The original amount of each Revolving B Lender's Revolving B Loan Commitment is set forth opposite its name on Schedule 2.1 annexed hereto and the aggregate original amount of ------------ the Revolving B Loan Commitments is $31,000,000; provided that the Revolving B Loan Commitments of Revolving B -------- Lenders shall be adjusted to give effect to any assignments of the Revolving B Loan Commitments pursuant to subsection 10.1B and shall be reduced from time to time by the amount of any reductions thereto made pursuant to subsection 2.4. Each Revolving B Lender's Revolving B Loan Commitment shall expire on the Revolving B Loan Commitment Termination Date and all Revolving B Loans and all other amounts owed hereunder with respect to the Revolving B Borrowers in Dollars, Australian Dollars or New Zealand Dollars from time to time on any Business Day during Loans and the Availability Period in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s Revolving B CommitmentLoan Commitments shall be paid in full no later than that date; provided, however, provided that after giving effect to any Borrowing of -------- each Revolving B Loans, (i) the Total Lender's Revolving B Outstandings Loan Commitment shall expire immediately and without further action on February 7, 2002 if a Revolving Loan is not exceed made on or before that date. Amounts borrowed under this subsection 2.1A(ii)(b) may be repaid and reborrowed to but excluding the Aggregate Revolving B CommitmentsLoan Commitment Termination Date. Anything contained in this Agreement to the contrary notwithstanding, (ii) the aggregate Outstanding Amount of the Revolving B Loans of any Lender shall not exceed such Lender’s Revolving B Commitment, and (iii) the Total Revolving Outstandings shall not exceed the Aggregate Revolving Commitments. Each Revolving B Lender may, at its option, make any Revolving B Loan available to any Revolving B Borrower that is a Foreign Subsidiary by causing any foreign or domestic branch or Affiliate of such Lender to make such Revolving B Loan; provided that any exercise of such option Commitments shall not affect the obligation of such Revolving B Borrower to repay such Revolving B Loan in accordance with the terms of this Agreement. Within the limits of each Lender’s Revolving B Commitment, and be subject to the other terms and conditions hereof, following limitations in the Revolving B Borrowers may borrow under this Section 2.01(b), prepay under Section 2.05, and reborrow under this Section 2.01(b). Revolving B Loans denominated in Dollars may be Base Rate Loans or Eurocurrency Rate Loans, or a combination thereof, as further provided herein. Revolving B Loans denominated in Australian Dollars or New Zealand Dollars shall be Eurocurrency Rate Loans. In the event that the Initial Borrowing Date shall not have occurred on or prior to the Termination Date, each Revolving B Lender’s Revolving B Commitment shall automatically expire, and each Revolving B Lender shall have no further obligation to make Revolving B Loans.amounts indicated:

Appears in 1 contract

Samples: Credit Agreement (Farmland Industries Inc)

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Revolving B Loans. Subject to the terms and conditions set forth herein, each Revolving B Lender severally agrees to make loans (each such loan, a “Revolving B Loan”) to the Revolving A/B Borrowers in Dollars, Australian Dollars or New Zealand Dollars in one or more Alternative Currencies from time to time on any Business Day during the Availability Period for the Revolving B Commitments in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s Revolving B Commitment; provided, however, that after giving effect to any Borrowing of Revolving B Loans, (i) the Total Revolving B Outstandings shall not exceed the Aggregate Revolving B Commitments, (ii) the aggregate Outstanding Amount of the Revolving B Loans of any Lender plus such Lender’s Applicable Percentage of the Outstanding Amount of all Foreign Swing Line Loans shall not exceed such Lender’s Revolving B Commitment, and (iii) the Total Revolving Outstandings shall not exceed the Aggregate Revolving Commitments. Each Revolving B Lender may, at its option, make any Revolving B Loan available to any Revolving A/B Borrower that is a Foreign Subsidiary by causing any foreign or domestic branch or Affiliate of such Lender to make such Revolving B Loan; provided that any exercise of such option shall not affect the obligation of such Revolving A/B Borrower to repay such Revolving B Loan in accordance with the terms of this Agreement. Within the limits of each Lender’s Revolving B Commitment, and subject to the other terms and conditions hereof, the Revolving A/B Borrowers may borrow under this Section 2.01(b), prepay under Section 2.05, and reborrow under this Section 2.01(b). Revolving B Loans denominated in Dollars may be Base Rate Loans or Loans, Eurocurrency Rate Loans, Alternative Currency Daily Rate Loans or Alternative Currency Term Rate Loans or a combination thereof, as further provided herein. Revolving B Loans denominated in Australian Dollars or New Zealand Dollars shall be Eurocurrency herein (provided that Lux 2 may not borrow Base Rate Loans. In the event that the Initial Borrowing Date shall not have occurred on or prior to the Termination Date, each Revolving B Lender’s Revolving B Commitment shall automatically expire, and each Revolving B Lender shall have no further obligation to make Revolving B Loans).

Appears in 1 contract

Samples: Credit Agreement (Fleetcor Technologies Inc)

Revolving B Loans. Subject to the terms and conditions set forth herein, each Revolving B Lender severally agrees to make loans (each such loan, a “Revolving B Loan”) to the Revolving A/B Borrowers in Dollars, Australian Dollars or New Zealand Dollars in one or more Alternative Currencies from time to time on any Business Day during the Availability Period for the Revolving B Commitments in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s Revolving B Commitment; provided, however, that after giving effect to any Borrowing of Revolving B Loans, (i) the Total Revolving B Outstandings shall not exceed the Aggregate Revolving B Commitments, (ii) the aggregate Outstanding Amount of the Revolving B Loans of any Lender plus such Lender’s Applicable Percentage of the Outstanding Amount of all Foreign Swing Line Loans shall not exceed such Lender’s Revolving B Commitment, and (iii) the Total Revolving Outstandings shall not exceed the Aggregate Revolving Commitments. Each Revolving B Lender may, at its option, make any Revolving B Loan available to any Revolving A/B Borrower that is a Foreign Subsidiary by causing any foreign or domestic branch or Affiliate of such Lender to make such Revolving B Loan; provided that any exercise of such option shall not affect the obligation of such Revolving A/B Borrower to repay such Revolving B Loan in accordance with the terms of this Agreement. Within the limits of each Lender’s Revolving B Commitment, and subject to the other terms and conditions hereof, the Revolving A/B Borrowers may borrow under this Section 2.01(b), prepay under Section 2.05, and reborrow under this Section 2.01(b). Revolving B Loans denominated in Dollars may be Base Rate Loans or Eurocurrency Rate Loans, or a combination thereof, as further provided herein. Revolving B Loans denominated in Australian Dollars or New Zealand Dollars shall be Eurocurrency herein (provided that Lux 2 may not borrow Base Rate Loans. In the event that the Initial Borrowing Date shall not have occurred on or prior to the Termination Date, each Revolving B Lender’s Revolving B Commitment shall automatically expire, and each Revolving B Lender shall have no further obligation to make Revolving B Loans).

Appears in 1 contract

Samples: Credit Agreement (Fleetcor Technologies Inc)

Revolving B Loans. Subject (a) MAKING THE REVOLVING B LOANS. The Bank has made "Revolving B Loans" (as defined in the Existing Credit Agreement) to the Borrowers under the Existing Credit Agreement, which remain outstanding on the Effective Date (immediately prior to the effectiveness of this Agreement). Upon the effectiveness of this Agreement, each "Revolving B Loan" (as defined in the Existing Credit Agreement) shall automatically be deemed to be a "Revolving B Loan" to the Borrowers by the Bank under this Agreement. In addition, the Bank agrees, on the terms and conditions hereinafter set forth, to make Revolving B Loans to the Borrowers from the Effective Date to the Termination Date in an aggregate principal amount at any one time outstanding not to exceed the amount of the Revolving B Commitment (less the aggregate amount of any L/C Outstandings). The Bank shall have no obligation to make a Revolving B Loan if either (i) the sum of the aggregate principal amount of the outstanding Revolving B Loans plus the principal amount of such requested Revolving B Loan would exceed the Available Revolving B Commitment, or (ii) the sum of (A) the aggregate principal amount of the outstanding Revolving B Loans, (B) the principal amount of the requested Revolving B Loan, and (C) the L/C Outstandings would exceed the amount equal to the Revolving B Advance Value. Each Revolving B Loan shall be in an amount equal to $100,000 or an integral multiple of $100,000 in excess thereof, and shall be made on at least one Business Day's prior written notice. Each Notice of Borrowing with respect to a Revolving B Loan shall be irrevocable, shall be signed by either Borrower (it being understood that only the signature of one Borrower shall be required) and shall be in writing, substantially in the form of Exhibit D hereto, specifying, INTER ALIA, the proposed amount of such Revolving B Loan and the Business Day for such Revolving B Loan. On the Business Day specified and upon fulfillment of the applicable terms and conditions set forth hereinin Article III hereof, each Revolving B Lender severally agrees to the Bank will make loans (each such loan, a “Revolving B Loan”) to the Revolving B Borrowers in Dollars, Australian Dollars or New Zealand Dollars from time to time on any Business Day during the Availability Period in an aggregate amount not to exceed at any time outstanding the amount proceeds of such Lender’s Revolving B Commitment; provided, however, that after giving effect to any Borrowing of Revolving B Loans, (i) the Total Revolving B Outstandings shall not exceed the Aggregate Revolving B Commitments, (ii) the aggregate Outstanding Amount of the Revolving B Loans of any Lender shall not exceed such Lender’s Revolving B Commitment, and (iii) the Total Revolving Outstandings shall not exceed the Aggregate Revolving Commitments. Each Revolving B Lender may, at its option, make any Revolving B Loan available to any Revolving B Borrower that is a Foreign Subsidiary the Borrowers by causing any foreign or domestic branch or Affiliate of such Lender to make such Revolving B Loan; provided that any exercise of such option shall not affect the obligation of such Revolving B Borrower to repay such Revolving B Loan in accordance crediting Account Number 350-902-9720 maintained with the terms of this AgreementBank, at its office in Charlotte, Norxx Xxxxxxxx, not later than 2:00 P.M. (Charlotte time) on such date. Within the limits of each Lender’s the Revolving B Commitment, the Borrowers may borrow, prepay and subject reborrow pursuant to this Section 2.2(a) until the other terms Termination Date. It is understood and conditions hereofagreed that from time to time the Bank may issue Letters of Credit for the account of a Borrower pursuant to L/C Applications, and that such Letters of Credit and any unpaid drawings shall reduce any amount available to be borrowed under the Revolving B Borrowers may borrow under this Section 2.01(b), prepay under Section 2.05, and reborrow under this Section 2.01(b). Revolving B Loans denominated in Dollars may be Base Rate Loans or Eurocurrency Rate Loans, or a combination thereof, as further provided herein. Revolving B Loans denominated in Australian Dollars or New Zealand Dollars shall be Eurocurrency Rate Loans. In the event that the Initial Borrowing Date shall not have occurred on or prior to the Termination Date, each Revolving B Lender’s Revolving B Commitment shall automatically expire, and each Revolving B Lender shall have no further obligation to make Revolving B LoansCommitment.

Appears in 1 contract

Samples: Credit Agreement (Triarc Companies Inc)

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