Common use of Revolving Commitment Clause in Contracts

Revolving Commitment. Subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth herein, each Revolving Lender severally agrees to make available to the Borrower such Revolving Lender’s Commitment Percentage of revolving credit loans requested by the Borrower in Dollars (“Revolving Loans”) from time to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; provided, however, that the sum of the aggregate outstanding principal amount of Revolving Loans shall not exceed FOUR HUNDRED MILLION DOLLARS ($400,000,000) (as such aggregate maximum amount may be increased in accordance with Section 2.7 or reduced from time to time as provided in Section 3.4, the “Revolving Committed Amount”); provided, further, (A) with regard to each Revolving Lender individually, such Revolving Lender’s Revolving Credit Exposure shall not exceed such Revolving Lender’s Revolving Commitment, and (B) the sum of the aggregate outstanding principal amount of Revolving Loans plus LOC Obligations plus Swingline Loans shall not exceed the Revolving Committed Amount. Revolving Loans may consist of Base Rate Loans or Eurodollar Loans, or a combination thereof, as the Borrower may request; provided, however, that no more than six (6) Eurodollar Loans which are Revolving Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof.

Appears in 3 contracts

Sources: Credit Agreement (Amn Healthcare Services Inc), Credit Agreement (Amn Healthcare Services Inc), Credit Agreement (Amn Healthcare Services Inc)

Revolving Commitment. Subject During the Commitment Period, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Revolving Lender severally severally, but not jointly, agrees to make available to the Borrower such Revolving Lender’s Commitment Percentage of revolving credit loans requested by the Borrower in Dollars (“Revolving Loans”) to the Borrower from time to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; provided, however, that the sum of the in an aggregate outstanding principal amount of Revolving Loans shall not exceed up to FORTY-FOUR MILLION SEVEN HUNDRED MILLION FIFTY THOUSAND DOLLARS ($400,000,00044,750,000) (as increased from time to time as provided in Section 2.1(f) and as such aggregate maximum amount may be increased in accordance with Section 2.7 or reduced from time to time as provided in Section 3.42.6, the “Revolving Committed Amount”)) for the purposes hereinafter set forth; provided, furtherhowever, that (Ai) with regard to each Revolving Lender individually, the sum of such Revolving Lender’s Revolving Credit Exposure Commitment Percentage of the aggregate principal amount of outstanding Revolving Loans plus such Revolving Lender’s Revolving Commitment Percentage of outstanding Swingline Loans plus such Revolving Lender’s Revolving Commitment Percentage of outstanding LOC Obligations shall not exceed such Revolving Lender’s Revolving Commitment, Commitment and (Bii) with regard to the Revolving Lenders collectively, the sum of the aggregate outstanding principal amount of outstanding Revolving Loans plus outstanding Swingline Loans plus outstanding LOC Obligations plus Swingline Loans shall not exceed the Revolving Committed AmountAmount then in effect. Revolving Loans may consist of Alternate Base Rate Loans or Eurodollar LIBOR Rate Loans, or a combination thereof, as the Borrower may request; provided, however, that no more than six (6) Eurodollar Loans which are Revolving Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof; provided, however, the Revolving Loans made on the Closing Date or any of the three (3) Business Days following the Closing Date, may only consist of Alternate Base Rate Loans unless the Borrower delivers a funding indemnity letter, substantially in the form of Exhibit 2.1(a), reasonably acceptable to the Administrative Agent not less than three (3) Business Days prior to the Closing Date. LIBOR Rate Loans shall be made by each Revolving Lender at its LIBOR Lending Office and Alternate Base Rate Loans at its Domestic Lending Office.

Appears in 3 contracts

Sources: Credit Agreement (Osi Systems Inc), Credit Agreement (Osi Systems Inc), Credit Agreement (Osi Systems Inc)

Revolving Commitment. Subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth herein, each Revolving Lender severally agrees to make available to the Borrower such Revolving Lender’s Commitment Percentage of revolving credit loans requested by the Borrower in Dollars (“Revolving Loans”) to the Borrowers from time to time from the Closing Effective Date until the Maturity Termination Date, or such earlier date as the Revolving Commitments shall have been terminated as provided hereinherein for the purposes hereinafter set forth (provided, that, all Revolving Loans made prior to the Effective Time (as defined in the Merger Agreement) shall be made to Speedway Funding); provided, however, that (x) the sum of the aggregate outstanding principal amount of outstanding Revolving Loans at any time shall not exceed FOUR HUNDRED MILLION DOLLARS the Revolving Committed Amount and (y) the sum of the aggregate principal amount of outstanding Revolving Loans on the Effective Date shall not exceed $400,000,000) 20,000,000 (which outstanding amount shall result only from borrowings of Revolving Loans the proceeds of which are used to finance the Offer (as such aggregate maximum amount may be increased defined in accordance with Section 2.7 or reduced from time the Merger Agreement) and for fees and expenses related to time as provided in Section 3.4, the “Revolving Committed Amount”Merger); provided, further, (Ai) with regard to each Revolving Lender individually, such Revolving Lender’s share of outstanding Revolving Credit Exposure Obligations shall not exceed such Revolving Lender’s Revolving Commitment, Commitment Percentage of the Revolving Committed Amount and (Bii) with regard to the sum of Revolving Lenders collectively, the aggregate outstanding principal amount of outstanding Revolving Loans plus LOC Obligations plus Swingline Loans shall not exceed the Revolving Committed AmountONE HUNDRED MILLION DOLLARS ($100,000,000) (as such aggregate maximum amount may from time to time be increased pursuant to Section 2.6 or reduced as provided in Section 3.3). Revolving Loans may consist of Base Rate Loans or Eurodollar Loans, or a combination thereof, as the Borrower Borrowers may requestrequest and may be repaid and reborrowed in accordance with the provisions hereof; provided, however, that no more than six (6) Eurodollar Loans which are Revolving Loans shall be outstanding hereunder at any time (it being understood that, for with respect to Revolving Loans. For purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same datedate and have the same duration, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof.

Appears in 3 contracts

Sources: Credit Agreement (Speedway Motorsports LLC), Credit Agreement (Speedway Motorsports LLC), Credit Agreement (Speedway Motorsports Inc)

Revolving Commitment. Subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth herein, each Revolving Lender severally agrees to make available to the Borrower such Lender's Revolving Lender’s Commitment Percentage of revolving credit loans requested by the Borrower in Dollars (“Revolving Loans”"REVOLVING LOANS") from time to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; providedPROVIDED, howeverHOWEVER, that the sum of the aggregate outstanding principal amount of Revolving Loans shall not exceed FOUR ONE HUNDRED MILLION DOLLARS ($400,000,000100,000,000) (as such aggregate maximum amount may be increased in accordance with Section 2.7 or reduced from time to time as provided in Section 3.4, the “Revolving Committed Amount”"REVOLVING COMMITTED AMOUNT"); providedPROVIDED, furtherFURTHER, (A) with regard to each Revolving Lender individually, such Lender's outstanding Revolving Lender’s Revolving Credit Exposure Loans shall not exceed such Lender's Revolving Lender’s Commitment Percentage of the Revolving CommitmentCommitted Amount, and (B) the sum of the aggregate outstanding principal amount of Revolving Loans plus PLUS LOC Obligations plus PLUS Swingline Loans shall not exceed the Revolving Committed Amount. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Base Rate Loans or Eurodollar Loans, or a combination thereof, as the Borrower may request; providedPROVIDED, howeverHOWEVER, that no more than six (6) 15 Eurodollar Loans which are Revolving Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof.

Appears in 3 contracts

Sources: Credit Agreement (Mg Waldbaum Co), Credit Agreement (Mg Waldbaum Co), Credit Agreement (Michael Foods Inc /Mn)

Revolving Commitment. Subject During the Revolving Commitment Period, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Revolving Lender severally agrees to make available to the Borrower such Revolving Lender’s Commitment Percentage of revolving credit loans requested by the Borrower in Dollars (“Revolving Loans”) to the Borrower from time to time from for the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided hereinpurposes hereinafter set forth; provided, however, that (i) with regard to each Revolving Lender individually, the sum of such Revolving Lender’s Revolving Commitment Percentage of the aggregate principal amount of outstanding Revolving Loans plus outstanding Swingline Loans plus outstanding Revolving LOC Obligations shall not exceed such Revolving Lender’s Revolving Commitment and (ii) with regard to the Revolving Lenders collectively, the sum of the aggregate outstanding principal amount of outstanding Revolving Loans plus outstanding Swingline Loans plus outstanding Revolving LOC Obligations shall not exceed FOUR HUNDRED the Revolving Committed Amount then in effect. For purposes hereof, the aggregate principal amount available for Revolving Loan borrowings hereunder shall be EIGHTY MILLION DOLLARS ($400,000,00080,000,000) (as such aggregate maximum amount may be increased in accordance with Section 2.7 or reduced from time to time as provided in Section 3.42.8, the “Revolving Committed Amount”); provided, further, (A) with regard to each Revolving Lender individually, such Revolving Lender’s Revolving Credit Exposure shall not exceed such Revolving Lender’s Revolving Commitment, and (B) the sum of the aggregate outstanding principal amount of Revolving Loans plus LOC Obligations plus Swingline Loans shall not exceed the Revolving Committed Amount. Revolving Loans may consist of Alternate Base Rate Loans or Eurodollar LIBOR Rate Loans, or a combination thereof, as the Borrower may request; provided, however, that no more than six (6) Eurodollar Loans which are Revolving Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof; provided, however, the Revolving Loans made on either of the two (2) Business Days immediately following the Closing Date may only consist of Alternate Base Rate Loans. LIBOR Rate Loans shall be made by each Revolving Lender at its LIBOR Lending Office and Alternate Base Rate Loans at its Domestic Lending Office. No Revolving Loans shall be made on the Closing Date.

Appears in 2 contracts

Sources: Credit Agreement (Gencorp Inc), Credit Agreement (Gencorp Inc)

Revolving Commitment. Subject Prior to the Commitment Termination Date, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Revolving Lender severally agrees to make available revolving credit loans in Dollars or in any Alternative Currency to the Borrower such Revolving Lender’s Commitment Percentage of revolving credit loans requested by the Borrower in Dollars (“Revolving Loans”) from time to time from for the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided hereinpurposes hereinafter set forth; provided, however, that (i) with regard to each Lender individually, the sum of the aggregate such Lender’s share of outstanding principal amount Revolving Loans, plus such Lender’s Commitment Percentage of Revolving Loans outstanding Swingline Loans, plus such Lender’s Commitment Percentage of LOC Obligations shall not exceed FOUR such Lender’s Commitment Percentage of the aggregate Committed Amount, and (ii) with regard to the Lenders collectively, the Advances Outstanding shall not exceed the aggregate Committed Amount then in effect. For purposes hereof, the aggregate amount available hereunder shall be NINE HUNDRED MILLION DOLLARS ($400,000,000900,000,000.00) (as such aggregate maximum amount may be increased in accordance with Section 2.7 or reduced from time to time as provided in Section 3.42.6, the “Revolving Committed Amount”) (for the avoidance of doubt, the Committed Amount of any Lender or Class of Lenders shall mean the aggregate Commitments of such Lender or Class of Lenders); provided, furtherhowever, (A) with regard to each Revolving Lender individually, such Revolving Lender’s Revolving Credit Exposure shall not exceed such Revolving Lender’s Revolving Commitment, and (B) the sum of that the aggregate outstanding principal amount of all outstanding Revolving Loans plus and LOC Obligations plus Swingline Loans in Alternative Currencies shall not exceed the Revolving Committed AmountAlternative Currency Sub Limit. Revolving Loans denominated in Dollars may consist of Alternate Base Rate Loans or Eurodollar EURIBOR/LIBOR Rate Loans, or a combination thereof, as the Initial Borrower may request, and may be repaid and reborrowed in accordance with the provisions hereof. Revolving Loans denominated in any Alternative Currency may consist of Alternate Base Rate Loans or EURIBOR/LIBOR Rate Loans, or a combination thereof, as the Borrower may request; provided, however, that no more than six (6) Eurodollar Loans which are Revolving Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof. Notwithstanding the foregoing, any Revolving Loans made on the Closing Date or on either of the two Business Days immediately following the Closing Date may only consist of Alternate Base Rate Loans denominated in Dollars. Any Loans denominated in Dollars shall be made by each Lender at its Domestic Lending Office and any Loans denominated in any Alternative Currency shall be made by each Lender at its EURIBOR/LIBOR Lending Office.

Appears in 2 contracts

Sources: Credit Agreement (Capitalsource Inc), Credit Agreement (Capitalsource Inc)

Revolving Commitment. Subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth herein, each Revolving Lender severally agrees to make available to the Borrower such Revolving Lender’s Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("Revolving Loans") up to such Lender's Revolving Commitment from time to time from the Closing Date until the Maturity Termination Date, or such earlier date as the Revolving Commitments shall have been terminated as provided hereinherein for the purposes hereinafter set forth; provided, however, that the sum of the aggregate outstanding principal amount of outstanding Revolving Loans shall not exceed FOUR TWO HUNDRED SEVENTY-FIVE MILLION DOLLARS ($400,000,000275,000,000.00) (as such aggregate maximum amount may be reduced or increased in accordance with Section 2.7 or reduced from time to time as provided in Section 3.4, the "Revolving Committed Amount"); provided, further, (Ai) with regard to each Revolving Lender individually, such Lender's outstanding Revolving Lender’s Revolving Credit Exposure Loans shall not exceed such Revolving Lender’s 's Revolving Commitment, and (Bii) with regard to the sum of Lenders collectively, the aggregate outstanding principal amount of outstanding Revolving Loans plus LOC Obligations the aggregate principal amount of outstanding Competitive Loans plus the aggregate principal amount of outstanding Swingline Loans shall not exceed the Revolving Committed Amount. Revolving Loans may consist of Base Rate Loans or Eurodollar Loans, or a combination thereof, as the Borrower may request, and may be repaid and reborrowed in accordance with the provisions hereof; provided, however, that no more than six (6) 25 Eurodollar Loans which are Revolving Loans shall be outstanding hereunder at any time (it being understood that, for time. For purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof.

Appears in 2 contracts

Sources: Credit Agreement (Autozone Inc), Credit Agreement (Autozone Inc)

Revolving Commitment. Subject During the Commitment Period, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Revolving Lender severally agrees to make available to the Borrower such Revolving Lender’s Commitment Percentage of revolving credit loans requested by the Borrower in Dollars (“Revolving Loans”) to the Borrower from time to time from for the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided hereinpurposes hereinafter set forth; provided, however, that (i) with regard to each Revolving Lender individually, the sum of such Revolving Lender’s share of outstanding Revolving Loans plus such Revolving Lender’s Revolving Commitment Percentage of outstanding Swingline Loans plus such Revolving Lender’s Revolving Commitment Percentage of outstanding LOC Obligations (after giving effect to the concurrent reduction, if any, in outstanding Swingline Loans and/or outstanding LOC Obligations to be effected by application of the proceeds of Revolving Loans) shall not exceed such Revolving Lender’s Revolving Commitment Percentage of the Revolving Committed Amount and (ii) with regard to the Revolving Lenders collectively, the sum of the aggregate outstanding principal amount of outstanding Revolving Loans plus outstanding Swingline Loans plus outstanding LOC Obligations (after giving effect to the concurrent reduction, if any, in outstanding Swingline Loans and/or outstanding LOC Obligations to be effected by application of the proceeds of Revolving Loans) shall not exceed FOUR the Revolving Committed Amount then in effect. For purposes hereof, the aggregate amount available hereunder shall be ONE HUNDRED TWENTY-FIVE MILLION DOLLARS ($400,000,000125,000,000) (as such aggregate maximum amount may be increased in accordance with Section 2.7 or reduced from time to time as provided in Section 3.42.7, the “Revolving Committed Amount”); provided, further, (A) with regard to each Revolving Lender individually, such Revolving Lender’s Revolving Credit Exposure shall not exceed such Revolving Lender’s Revolving Commitment, and (B) the sum of the aggregate outstanding principal amount of Revolving Loans plus LOC Obligations plus Swingline Loans shall not exceed the Revolving Committed Amount. Revolving Loans may consist of Alternate Base Rate Loans or Eurodollar LIBOR Rate Loans, or a combination thereof, as the Borrower may request; provided, however, that no more than six (6) Eurodollar Loans which are Revolving Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof; provided, however, the Revolving Loans made on the Closing Date and on the two Business Days immediately following the Closing Date shall bear interest at the Alternate Base Rate. LIBOR Rate Loans shall be made by each Revolving Lender at its LIBOR Lending Office and Alternate Base Rate Loans at its Domestic Lending Office.

Appears in 2 contracts

Sources: Credit Agreement (Nci Building Systems Inc), Credit Agreement (Nci Building Systems Inc)

Revolving Commitment. Subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth herein, each Revolving Lender severally agrees to make available to the Borrower such Lender's Revolving Lender’s Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("Revolving Loans") from time to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; provided, however, that (i) the sum of the aggregate outstanding principal amount of Revolving Loans shall not exceed FOUR HUNDRED FIFTY MILLION DOLLARS ($400,000,00050,000,000) (as such aggregate maximum amount may be increased in accordance with Section 2.7 or reduced from time to time as provided in Section 3.4, the "Revolving Committed Amount"); provided, further, (Aii) with regard to each Revolving Lender individually, the sum of such Lender's outstanding Revolving Loans plus such Lender’s Revolving 's Participation Interests in Letters of Credit Exposure and LOC Obligations shall not exceed such Lender's Revolving Lender’s Commitment Percentage of the Revolving Commitment, Committed Amount and (Biii) the sum of the aggregate outstanding principal amount of Revolving Loans plus LOC Obligations plus Swingline Loans shall not exceed the Revolving Committed Amount. Revolving Loans may consist of Base Rate Loans or Eurodollar Loans, or a combination thereof, as the Borrower may request; provided, however, that no more than six ten (610) Eurodollar Loans which are Revolving Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof.

Appears in 2 contracts

Sources: Credit Agreement (Jw Childs Equity Partners Ii Lp), Credit Agreement (Signal Medical Services)

Revolving Commitment. Subject During the Commitment Period, subject to the -------------------- terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Revolving Lender severally agrees to make available revolving credit loans (the "Revolving loans") to the Borrower such Revolving Lender’s Commitment Percentage of revolving credit loans requested by the Borrower in Dollars (“Revolving Loans”) from time to time from in the Closing Date until --------------- amount of such Lender's Revolving Commitment Percentage of such Revolving Loans for the Maturity Datepurposes hereinafter set forth; provided that Revolving Loans hereunder -------- shall be available (and existing Revolving Loans may be extended and renewed) only if and where the Existing Credit Agreement shall be fully drawn upon and there shall be no remaining availability thereunder (that is, or such earlier date as the Revolving Commitments liquidity facility established hereby shall have been terminated as be in the nature of an overadvance line); and provided herein; providedfurther that (i) with regard to the Lenders collectively, however, that the sum of the aggregate outstanding -------- ------- principal amount of Revolving Loans Obligations outstanding at any time shall not exceed FOUR the lesser of (A) ONE HUNDRED MILLION DOLLARS ($400,000,000100,000,000) (as such aggregate maximum amount may be increased in accordance with Section 2.7 or reduced from time to time as provided in Section 3.4referenced on Schedule 2.1(a), the "Revolving Committed Amount") or (B) until the -------------- -------------------------- Security Release Date relating to inventory (but not thereafter); provided, furtherthe Borrowing Base, and (Aii) with regard to each Revolving Lender individually, such Lender's Revolving Lender’s Revolving Credit Exposure Commitment Percentage of Obligations outstanding at any time shall not exceed such Revolving Lender’s Revolving Commitment, and (B) the sum of the aggregate outstanding principal amount of Revolving Loans plus LOC Obligations plus Swingline Loans shall not exceed the 's Revolving Committed Amount. Revolving Loans may consist of Base Rate Loans or Eurodollar Loans, or a combination thereof, as the Borrower may request; provided, however, that no more than six (6) Eurodollar Loans which are Revolving Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof.

Appears in 2 contracts

Sources: Credit Agreement (Amerisource Distribution Corp), Credit Agreement (Amerisource Distribution Corp)

Revolving Commitment. Subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth herein, each Revolving Lender severally agrees to make available to the Borrower such Revolving Lender’s 's Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("Revolving Loans") from time to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; provided, however, that the sum of the aggregate outstanding principal amount of Revolving Loans shall not exceed FOUR HUNDRED FIFTY MILLION DOLLARS ($400,000,00050,000,000) (as such aggregate maximum amount may be increased in accordance with Section 2.7 or reduced from time to time as provided in Section 3.4, the "Revolving Committed Amount"); provided, further, (A) with regard to each Revolving Lender individually, such Lender's outstanding Revolving Lender’s Revolving Credit Exposure Loans shall not exceed such Lender's Commitment Percentage of the Revolving Lender’s Revolving CommitmentCommitted Amount, and (B) the sum of the aggregate outstanding principal amount of Revolving Loans plus LOC Obligations plus Swingline Loans shall not exceed the Revolving Committed Amount. Revolving Loans may consist of Base Rate Loans or Eurodollar Loans, or a combination thereof, as the Borrower may request; provided, however, that no more than six (6) 6 Eurodollar Loans which are Revolving Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof.

Appears in 2 contracts

Sources: Credit Agreement (Amn Healthcare Services Inc), Credit Agreement (Amn Healthcare Services Inc)

Revolving Commitment. Subject During the Commitment Period, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Revolving Lender severally agrees to make available revolving loans (the "Revolving Loans"; such Revolving Loans to include Non-Ratable Loans made by Bank of America pursuant to Section 2.7(e)) to the Borrower Borrowers in the amount of such Lender's Revolving Lender’s Commitment Percentage of revolving credit loans requested by such Revolving Loans for the Borrower in Dollars purposes hereinafter set forth; provided that (“Revolving Loans”i) from time with regard to time from the Closing Date until the Maturity DateLenders collectively, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; provided, however, that the sum of the aggregate outstanding principal amount of Revolving Loans Obligations (excluding Discretionary Over-Advances) at any time shall not exceed FOUR HUNDRED MILLION DOLLARS ($400,000,000) (as such aggregate maximum amount may be increased in accordance with Section 2.7 or reduced from time to time as provided in Section 3.4, the “Revolving Committed Amount”); provided, further, lesser of (A) the Aggregate Revolving Commitment Amount or (B) the Borrowing Base, and (ii) with regard to each Revolving Lender individually, such Lender's Revolving Lender’s Revolving Credit Exposure shall not exceed such Revolving Lender’s Revolving Commitment, and Commitment Percentage of Obligations (Bexcluding Discretionary Over-Advances) the sum of the aggregate outstanding principal amount of Revolving Loans plus LOC Obligations plus Swingline Loans at any time shall not exceed the lesser of (A) such Lender's Revolving Committed Amount or (B) such Lender's Revolving Commitment Percentage of the Borrowing Base. Notwithstanding the foregoing, the Agent may make Revolving Loans in its discretion ("Discretionary Over-Advances") for and on behalf of the Lenders in an aggregate principal amount outstanding at any time not to exceed $5,000,000, even though (1) a Default or Event of Default then exists and has not been waived or cured, (2) the other conditions to Extensions of Credit under Section 4.2 have not or cannot be satisfied, or (3) after giving effect thereto, the Obligations then outstanding will be in excess of the Borrowing Base (but not in excess of the Aggregate Revolving Commitment Amount), if in the reasonable business judgment of the Agent, such advances are necessary or advisable for the protection or preservation of the Collateral or in order to improve the likelihood of repayment of the Total Obligations (including financing working capital needs). The Agent will give prompt notice to the Lenders of any Discretionary Over-Advances and the circumstances giving rise thereto, and each Lender will promptly reimburse the Agent for its ratable share of such advance. The right and ability of the Agent to make Discretionary Over-Advances hereunder are subject to revocation by written notice to the Agent from the Required Lenders. Revolving Loans may consist of Base Rate Loans or Eurodollar Loans, or a combination thereof, as the Borrower Borrowers may request; provided, however, that no more than six (6) Eurodollar Loans which are Revolving Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof.

Appears in 2 contracts

Sources: Credit Agreement (Friedmans Inc), Credit Agreement (Friedmans Inc)

Revolving Commitment. Subject During the Commitment Period, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Revolving Lender severally agrees to make available to the Borrower such Revolving Lender’s Commitment Percentage of revolving credit loans requested by (the Borrower in Dollars (“Revolving Loans”) to the Borrower in Dollars from time to time from in the Closing Date until the Maturity Date, or amount of such earlier date as Revolving Lender’s Revolving Commitment Percentage of the Revolving Commitments shall have been terminated as Loans requested by the Borrower hereunder for the purposes hereinafter set forth; provided herein; provided, however, that the sum of (i) the aggregate outstanding principal amount of Revolving Loans Obligations outstanding shall not at any time exceed FOUR FIVE HUNDRED MILLION DOLLARS ($400,000,000500,000,000) (as such aggregate maximum amount may be increased in accordance with Section 2.7 or reduced from time to time as provided in Section 3.4accordance with the provisions hereof, the “Total Revolving Committed Amount”); provided, further, (Aii) the aggregate principal amount of Revolving Obligations outstanding shall not at any time exceed the Borrowing Base, and (iii) with regard to each Revolving Lender individually, such Revolving Lender’s Revolving Credit Exposure Commitment Percentage of the Revolving Obligations outstanding shall not at any time exceed such Revolving Lender’s Revolving Commitment, and (B) the sum of the aggregate outstanding principal amount of Revolving Loans plus LOC Obligations plus Swingline Loans shall not exceed the Revolving Committed Amount. Revolving Loans may consist of Base Rate Loans or Eurodollar Rate Loans, or a combination thereof, as the Borrower may request; provided, however, that no more than six (6) Eurodollar Loans which are Revolving Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof.

Appears in 2 contracts

Sources: Credit and Guaranty Agreement (Ventas Inc), Credit and Guaranty Agreement (Ventas Inc)

Revolving Commitment. Subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth herein, each Each Lender with a Revolving Lender severally Commitment agrees to make available to the Borrower such Revolving Lender’s Commitment Percentage of loans on a revolving credit loans requested by the Borrower in Dollars basis (“Revolving Loans”) from time to time from the Closing Date until the Maturity Date, or Termination Date in such earlier date Lender’s Pro Rata Share of such aggregate amounts as the Revolving Commitments shall have been terminated as Company may request from all Lenders; provided herein; provided, however, that the sum Revolving Outstandings will not at any time exceed Revolving Loan Availability. Each of the aggregate parties hereto acknowledges and agrees that the Revolving Outstandings on the Restatement Date are equal to $30,000,000 consisting of $25,000,000 outstanding principal amount of Revolving Loans shall not exceed FOUR HUNDRED MILLION DOLLARS and $5,000,000 L/C Obligations ($400,000,000) (as such aggregate maximum amount may be increased in accordance with Section 2.7 or reduced from time to time as provided in Section 3.4together, the "Outstanding Existing Revolving Committed Amount”Loan Balance"); provided, furtherthat on the Restatement Date, (A) the Company intends to repay all $25,000,000 of outstanding Revolving Loans. Each of the parties hereto further acknowledges and agrees that on the Restatement Date, the obligations of the Company with regard respect to the "Revolving Commitment" and "Revolving Loans" under the Existing Credit Agreement shall continue as the Revolving Commitment and the Revolving Loans, respectively, hereunder. On the Restatement Date, each Revolving Lender individuallywill make a Revolving Loan in an amount equal to its Pro Rata Share of the Outstanding Existing Revolving Loan Balance with the proceeds thereof being paid on a pro rata revolving basis, to the extent necessary to properly reflect their respective Revolving Commitments, to Lenders who were Revolving Lenders under the Existing Credit Agreement and who remain Revolving Lenders on and after the Restatement Date. Within the limits and provisions of this Agreement Company may make such Revolving Lender’s Revolving Credit Exposure shall not exceed borrowings, repay such Revolving Lender’s Revolving Commitmentadvances, and (B) make additional borrowing under the sum of the aggregate outstanding principal amount of Revolving Loans plus LOC Obligations plus Swingline Loans shall not exceed the Revolving Committed Amount. Revolving Loans may consist of Base Rate Loans or Eurodollar Loans, or a combination thereof, as the Borrower may request; provided, however, that no more than six (6) Eurodollar Loans which are Revolving Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereofLoan.

Appears in 2 contracts

Sources: Credit Agreement (Titan International Inc), Credit Agreement (Titan International Inc)

Revolving Commitment. Subject During the Commitment Period, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Revolving Lender severally severally, but not jointly, agrees to make available to the Borrower such Revolving Lender’s Commitment Percentage of revolving credit loans requested by the Borrower in Dollars (“Revolving Loans”) to the Borrower from time to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; provided, however, that the sum of the in an aggregate outstanding principal amount of Revolving Loans shall not exceed FOUR HUNDRED up to FORTY-FIVE MILLION DOLLARS ($400,000,00045,000,000) (as such aggregate maximum amount may be increased in accordance with Section 2.7 or reduced from time to time as provided in Section 3.42.6, the “Revolving Committed Amount”)) for the purposes hereinafter set forth; provided, furtherhowever, that (Ai) with regard to each Revolving Lender individually, the sum of such Revolving Lender’s Revolving Credit Exposure Commitment Percentage of outstanding Revolving Loans plus such Revolving Lender’s Revolving Commitment Percentage of outstanding Swingline Loans plus such Revolving Lender’s Revolving Commitment Percentage of outstanding LOC Obligations shall not exceed such Revolving Lender’s Revolving Commitment, Commitment and (Bii) with regard to the Revolving Lenders collectively, the sum of the aggregate outstanding principal amount of Revolving Loans plus outstanding Swingline Loans plus outstanding LOC Obligations plus Swingline Loans shall not exceed the Revolving Committed Amount. Revolving Loans may consist of Alternate Base Rate Loans or Eurodollar LIBOR Rate Loans, or a combination thereof, as the Borrower may request; provided, however, that no more than six (6) Eurodollar Loans which are Revolving Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid or prepaid and reborrowed in accordance with the provisions hereof; provided, however, Revolving Loans made on the Closing Date or on any of the three (3) Business Days following the Closing Date may only consist of Alternate Base Rate Loans. LIBOR Rate Loans shall be made by each Revolving Lender at its LIBOR Lending Office and Alternate Base Rate Loans at its Domestic Lending Office.

Appears in 2 contracts

Sources: Credit Agreement (Orthofix International N V), Credit Agreement (Orthofix International N V)

Revolving Commitment. Subject to On the terms and subject to the conditions hereof and in reliance upon the representations and warranties set forth hereinof this Agreement (including Article IV), each Revolving Lender severally and for itself alone agrees to make available Loans to, and to issue or participate in the issuance of Letters of Credit and Swing Line Loans for the account of, the Borrower pursuant to its Revolving Commitment, as described in this Article II and in Article III, respectively. From time to time on any Business Day occurring prior to the Borrower such Revolving Commitment Termination Date, each Lender’s Commitment Percentage of , severally and for itself alone, agrees to make revolving credit loans requested by the Borrower in Dollars or in one or more Alternative Currencies (relative to such Lender, its “Revolving Loans”) from time to time from the Closing Date until the Maturity Date, or Borrower equal to such earlier date as the Revolving Commitments shall have been terminated as provided herein; provided, however, that the sum of the aggregate outstanding principal amount of Revolving Loans shall not exceed FOUR HUNDRED MILLION DOLLARS ($400,000,000) (as such aggregate maximum amount may be increased in accordance with Section 2.7 or reduced from time to time as provided in Section 3.4, the “Revolving Committed Amount”); provided, further, (A) with regard to each Revolving Lender individually, such Revolving Lender’s Revolving Credit Exposure Percentage of the aggregate amount of the applicable Borrowing requested by the Borrower to be made on such day pursuant to this Section 2.1.1. The commitment of each Lender described in this Section 2.1.1 is herein referred to as its “Revolving Commitment” and shall be in the amount set forth on the Commitment Schedule as such Lender’s “Revolving Commitment”; provided, however that (a) the aggregate Dollar Equivalent of all Loans which any Lender shall be committed to have outstanding hereunder shall not at any time exceed the product of (i) such Revolving Lender’s Revolving CommitmentCredit Percentage multiplied by the Revolving Loan Availability, (b) the aggregate Dollar Equivalent amount of all Revolving Loans which the Lenders shall be committed to have outstanding hereunder shall not at any time exceed the Revolving Loan Availability and (Bc) the sum of the aggregate outstanding principal Dollar Equivalent amount of all Revolving Loans plus LOC Obligations plus Swingline Loans denominated in Alternative Currencies shall not exceed the Revolving Committed Amount. Revolving Loans may consist of Base Rate Loans or Eurodollar Loans, or a combination thereof, as the Borrower may request; provided, however, that no more than six (6) Eurodollar Loans which are Revolving Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereofAlternative Currency Sublimit.

Appears in 2 contracts

Sources: Credit Agreement (Great Lakes Dredge & Dock CORP), Credit Agreement (Great Lakes Dredge & Dock CORP)

Revolving Commitment. Subject During the Commitment Period, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Revolving Lender severally agrees to severally, but not jointly, shall make available to the Borrower such Revolving Lender’s Commitment Percentage of revolving credit loans requested by the Borrower in Dollars (“Revolving Loans”) to the Borrower from time to time from in an aggregate principal amount not at any time exceeding the total of Revolving Commitments of all the Lenders, which amount on the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; provided, however, that the sum of the aggregate outstanding principal amount of Revolving Loans shall not exceed FOUR HUNDRED MILLION equal TWO BILLION DOLLARS ($400,000,0002,000,000,000) (as increased from time to time as provided in Section 2.22 and as such aggregate maximum amount may be increased in accordance with Section 2.7 or reduced from time to time as provided in Section 3.42.6, the “Revolving Committed Amount”) for the purposes hereinafter set forth (the “Revolving Facility”); provided, furtherhowever, that (Ai) with regard to each Revolving Lender individually, the sum of such Revolving Lender’s Revolving Credit Exposure Commitment Percentage of the aggregate principal amount of outstanding Revolving Loans plus such Revolving Lender’s Revolving Commitment Percentage of the outstanding principal amount of the LOC Obligations shall not exceed such Revolving Lender’s Revolving Commitment, Commitment and (Bii) with regard to the Revolving Lenders collectively, the sum of the aggregate outstanding principal amount of outstanding Revolving Loans plus the aggregate principal amount of outstanding LOC Obligations plus Swingline Loans shall not exceed the Revolving Committed AmountAmount then in effect. Revolving Loans may consist of Alternate Base Rate Loans or Eurodollar LIBOR Rate Loans, or a combination thereof, as the Borrower may request; provided, however, that no more than six (6) Eurodollar Loans which are Revolving Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof; provided, however, the Revolving Loans made on the Closing Date or any of the three (3) Business Days following the Closing Date, may only consist of Alternate Base Rate Loans unless the Borrower delivers a funding indemnity letter, substantially in the form of Exhibit 2.1(a), reasonably acceptable to the Administrative Agent on or before the Closing Date, in which case LIBOR Rate Loans are available to the Borrower. LIBOR Rate Loans shall be made by each Revolving Lender at its LIBOR Lending Office and Alternate Base Rate Loans at its Domestic Lending Office.

Appears in 2 contracts

Sources: Credit Agreement (Mednax, Inc.), Credit Agreement (Mednax, Inc.)

Revolving Commitment. Subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth herein, each Revolving Lender severally agrees to make available to the Borrower such Lender's Revolving Lender’s Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("Revolving Loans") from time to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; provided, however, that (i) with regard to the sum Lenders collectively, the amount of the aggregate Revolving Obligations outstanding principal amount of Revolving Loans shall not exceed FOUR HUNDRED MILLION DOLLARS ($400,000,000) (as such aggregate maximum amount may be increased in accordance with Section 2.7 or reduced from time to time as provided in Section 3.4, the Revolving Committed Amount”); provided, further, (Aii) with regard to each Revolving Lender individually, such Lender's Revolving Lender’s Revolving Credit Exposure shall not exceed such Revolving Lender’s Revolving Commitment, and (B) Commitment Percentage of the sum of the aggregate outstanding principal amount of Revolving Loans plus LOC Obligations outstanding plus Swingline Loans outstanding shall not exceed such Lender's Revolving Commitment Percentage of the Revolving Committed Amount. Revolving Loans may consist of Base Rate Loans or Eurodollar Loans, or a combination thereof, as the Borrower may request; provided, however, that no more than six (6) five Eurodollar Loans which are Revolving Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof.

Appears in 2 contracts

Sources: Credit Agreement (Tractor Supply Co /De/), Credit Agreement (Tractor Supply Co /De/)

Revolving Commitment. Subject During the Commitment Period, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Revolving Lender severally severally, but not jointly, agrees to make available revolving credit loans in Dollars (each a “Revolving Loan”) to the Borrower such Revolving Lender’s Commitment Percentage of revolving credit loans requested by the Borrower in Dollars (“Revolving Loans”) from time to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; provided, however, that the sum in an aggregate principal Dollar Amount of the aggregate outstanding principal amount of Revolving Loans shall not exceed FOUR HUNDRED up to SEVENTY-FIVE MILLION DOLLARS ($400,000,00075,000,000) (as such aggregate maximum amount may be increased from time to time as provided in accordance with Section 2.7 2.19 or reduced from time to time as provided in Section 3.42.5 or Section 4.1(o), the “Revolving Committed Amount”) for the purposes hereinafter set forth (such facility, the “Revolving Facility”); provided, furtherhowever, that (A) with regard to each Revolving Lender individually, the sum of such Revolving Lender’s Revolving Credit Exposure Commitment Percentage of the aggregate principal Dollar Amount of outstanding Revolving Loans plus such Revolving Lender’s Revolving Commitment Percentage of outstanding Swingline Loans plus such Revolving Lender’s Revolving Commitment Percentage of outstanding LC Obligations plus such Lender’s Revolving Commitment Percentage of the Foreign Currency Reserve shall not exceed such Revolving Lender’s Revolving Commitment, Commitment and (B) with regard to the sum of Revolving Lenders collectively, the aggregate outstanding principal amount of Revolving Loans plus LOC Obligations plus Swingline Loans Credit Outstandings shall not exceed the Revolving Committed AmountAmount then in effect. Revolving Loans may consist of Alternate Base Rate Loans or Eurodollar LIBOR Rate Loans, or a combination thereof, as the Borrower may request; provided, however, that no more than six (6) Eurodollar Loans which are Revolving Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof.

Appears in 2 contracts

Sources: Credit Agreement (Enova International, Inc.), Credit Agreement (Cash America International Inc)

Revolving Commitment. Subject Prior to the Commitment Termination Date, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Revolving Lender severally agrees to make available revolving credit loans in Dollars or in any Alternative Currency to the Borrower such Revolving Lender’s Commitment Percentage of revolving credit loans requested by the Borrower in Dollars (“Revolving Loans”) from time to time from for the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided hereinpurposes hereinafter set forth; provided, however, that (i) with regard to each Lender individually, the sum of the aggregate such Lender’s share of outstanding principal amount Revolving Loans, plus such Lender’s Commitment Percentage of Revolving Loans outstanding Swingline Loans, plus such Lender’s Commitment Percentage of LOC Obligations shall not exceed FOUR such Lender’s Commitment Percentage of the aggregate Committed Amount, and (ii) with regard to the Lenders collectively, the Advances Outstanding shall not exceed the aggregate Committed Amount then in effect. For purposes hereof, the aggregate amount available hereunder shall be FIVE HUNDRED FORTY-FIVE MILLION DOLLARS ($400,000,000545,000,000.00) (as such aggregate maximum amount may be (A) increased from time to time as provided in accordance with Section 2.7 or 2.2, and (B) reduced from time to time as provided in Section 3.42.6, the “Revolving Committed Amount”); provided, furtherhowever, (A) with regard to each that the aggregate principal amount of all outstanding Revolving Lender individually, such Revolving Lender’s Revolving Credit Exposure Loans and LOC Obligations in Alternative Currencies shall not exceed such Revolving Lender’s Revolving Commitment, and thirty percent (B30%) the sum of the aggregate outstanding principal amount of Revolving Loans plus LOC Obligations plus Swingline Loans shall not exceed the Revolving Committed AmountAmount (“Alternative Currency Sub Limit”). Revolving Loans denominated in Dollars may consist of Alternate Base Rate Loans or Eurodollar EURIBOR/LIBOR Rate Loans, or a combination thereof, as the Initial Borrower may request, and may be repaid and reborrowed in accordance with the provisions hereof. Revolving Loans denominated in any Alternative Currency may consist of Alternate Base Rate Loans or EURIBOR/LIBOR Rate Loans, or a combination thereof, as the Borrower may request; provided, however, that no more than six (6) Eurodollar Loans which are Revolving Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof. Notwithstanding the foregoing, any Revolving Loans made on the Closing Date or on either of the two Business Days immediately following the Closing Date may only consist of Alternate Base Rate Loans denominated in Dollars. Any Loans denominated in Dollars shall be made by each Lender at its Domestic Lending Office and any Loans denominated in any Alternative Currency shall be made by each Lender at its EURIBOR/LIBOR Lending Office.

Appears in 2 contracts

Sources: Credit Agreement (Capitalsource Inc), Credit Agreement (Capitalsource Inc)

Revolving Commitment. Subject During the Commitment Period, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Revolving Lender severally severally, but not jointly, agrees to make available to the Borrower such Revolving Lender’s Commitment Percentage of revolving credit loans requested by the Borrower in Dollars (“Revolving Loans”) (i) in Dollars and in Foreign Currencies to the Company (“Company Revolving Loans”) and (ii) in Foreign Currencies to the U.K. Borrower (“U.K. Borrower Revolving Loans”), in each case from time to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; provided, however, that the sum of the in an aggregate outstanding principal amount of Revolving Loans shall not exceed up to FOUR HUNDRED SIXTY MILLION DOLLARS ($400,000,000460,000,000) (as increased from time to time as provided in Section 2.22 and as such aggregate maximum amount may be increased in accordance with Section 2.7 or reduced from time to time as provided in Section 3.42.6, the “Revolving Committed Amount”) for the purposes hereinafter set forth (such facility, the “Revolving Facility”); provided, furtherhowever, that (A) with regard to each Revolving Lender individually, the sum of such Revolving Lender’s Commitment Percentage of the aggregate principal amount of outstanding Revolving Loans plus such Revolving Lender’s Commitment Percentage of outstanding Swingline Loans plus such Revolving Lender’s Commitment Percentage of outstanding LOC Obligations plus such Lender’s Revolving Credit Exposure Commitment Percentage of the Foreign Currency Reserve shall not exceed such Revolving Lender’s Revolving Commitment, and (B) with regard to the Revolving Lenders collectively, the sum of the aggregate outstanding principal amount of outstanding Revolving Loans plus outstanding Swingline Loans plus outstanding LOC Obligations plus Swingline Loans the Foreign Currency Reserve shall not exceed the Revolving Committed AmountAmount then in effect, (C) the aggregate principal Dollar Equivalent of outstanding Revolving Loans made to the Company denominated in a Foreign Currency, together with the Dollar Equivalent of outstanding LOC Obligations with respect to Letters of Credit denominated in a Foreign Currency, shall not exceed the Foreign Currency Sublimit and (D) the aggregate principal Dollar Equivalent of Revolving Loans made to the U.K. Borrower shall not exceed SEVENTY-FIVE MILLION DOLLARS ($75,000,000) (the “U.K. Borrower Sublimit”). Revolving Loans may consist of Alternate Base Rate Loans or Eurodollar LIBOR Rate Loans, or a combination thereof, as the Borrower Company may request; provided, however, that no more than six (6) Eurodollar Loans which are request and Revolving Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar denominated in a Foreign Currency may consist of only LIBOR Rate Loans, even if they begin on the same dateand in each case, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof; provided, however, that during the three (3) Business Day period commencing on the Third Amendment Effective Date, the U.K. Borrower may only borrow Revolving Loans to the extent the U.K. Borrower has delivered a funding indemnity letter, substantially in the form of Exhibit 2.1(a), reasonably acceptable to the Administrative Agent not less than three (3) Business Days prior to the Third Amendment Effective Date. LIBOR Rate Loans shall be made by each Revolving Lender at its LIBOR Lending Office and Alternate Base Rate Loans at its Domestic Lending Office. The U.K. Borrower shall not constitute a Borrower under the Company Revolving Loans and the Company shall not constitute a Borrower under the U.K. Borrower Revolving Loans.

Appears in 2 contracts

Sources: Credit Agreement (Esterline Technologies Corp), Credit Agreement (Esterline Technologies Corp)

Revolving Commitment. Subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth herein, each Revolving Lender severally agrees to make available to the Borrower such Revolving Lender’s Commitment Percentage of revolving credit loans requested by the Borrower in Dollars (“Revolving Loans”) to the Borrowers from time to time from the Closing Date until the Maturity Termination Date, or such earlier date as the Revolving Commitments shall have been terminated as provided hereinherein for the purposes hereinafter set forth; provided, however, that the sum of the aggregate outstanding principal amount of outstanding Revolving Loans shall not exceed FOUR the Revolving Committed Amount and; provided, further, (i) with regard to each Revolving Lender individually, such Lender’s share of outstanding Revolving Obligations shall not exceed such Lender’s Revolving Commitment Percentage of the Revolving Committed Amount, (ii) with regard to the Revolving Lenders collectively, the aggregate principal amount of outstanding Revolving Obligations shall not exceed ONE HUNDRED MILLION DOLLARS ($400,000,000100,000,000) (as such aggregate maximum amount may be increased in accordance with Section 2.7 or reduced from time to time be increased pursuant to Section 2.6 or reduced as provided in Section 3.4, the “Revolving Committed Amount”); provided, further, ) and (Aiii) with regard to each the Revolving Lender individuallyLenders collectively, such Revolving Lender’s Revolving Credit Exposure shall not exceed such Revolving Lender’s Revolving Commitment, and (B) the sum of the aggregate outstanding principal amount of the Revolving Loans plus LOC Obligations plus Swingline Loans shall not exceed the Revolving Committed Amount. Revolving Loans may consist of Base Rate Loans or Eurodollar Loans, or a combination thereof, as the Borrower Borrowers may requestrequest and may be repaid and reborrowed in accordance with the provisions hereof; provided, however, that no more than six (6) Eurodollar Loans which are Revolving Loans shall be outstanding hereunder at any time (it being understood that, for with respect to Revolving Loans. For purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same datedate and have the same duration, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof.

Appears in 2 contracts

Sources: Credit Agreement (Speedway Motorsports Inc), Credit Agreement (New Hampshire Motor Speedway, Inc.)

Revolving Commitment. Subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth herein, each Revolving Lender severally agrees to make available to the Borrower such Lender's Revolving Lender’s Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("Revolving Loans") from time to time from the Closing Effective Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; provided, howeverthat, that the sum of the aggregate outstanding principal amount of outstanding Revolving Loans shall not at any time exceed FOUR HUNDRED an amount equal to THIRTY FIVE MILLION AND NO/100 DOLLARS ($400,000,00035,000,000.00) (as such aggregate maximum amount may be increased in accordance with Section 2.7 or reduced from time to time as provided in Section 3.4, the "Revolving Committed Amount"); provided, further, (A) with regard to each Revolving Lender individually, that such Lender's outstanding Revolving Lender’s Revolving Credit Exposure shall not exceed such Revolving Lender’s Revolving Commitment, and (B) the sum of the aggregate outstanding principal amount of Revolving Loans plus LOC Obligations plus Swingline Loans shall not at any time exceed such Lender's Revolving Commitment Percentage of the Revolving Committed Amount. Revolving Loans may consist of Base Rate Loans or Eurodollar Loans, or a combination thereof, as the Borrower may request, and may be repaid and reborrowed in accordance with the provisions hereof; provided, howeverthat, that no more than six (6) Eurodollar Loans which are Revolving Loans shall be outstanding hereunder under this Agreement at any time (it being understood that, for time. For purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions borrowings of Eurodollar Loans may, in accordance with the provisions hereof, be combined through extensions or conversions at the end of existing Interest Periods to constitute a single new Eurodollar Loan with a single the same Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereofof this Agreement.

Appears in 1 contract

Sources: Credit Agreement (Kendle International Inc)

Revolving Commitment. Subject During the Revolving Commitment Period, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Revolving Lender severally agrees to make available to the Borrower such Revolving Lender’s Commitment Percentage of revolving credit loans requested by the Borrower in Dollars and in Foreign Currencies (“Revolving Loans”) to the Borrower from time to time from for the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided hereinpurposes hereinafter set forth; provided, however, that the sum of the aggregate outstanding principal amount of Revolving Loans shall not exceed FOUR HUNDRED MILLION DOLLARS ($400,000,000) (as such aggregate maximum amount may be increased in accordance with Section 2.7 or reduced from time to time as provided in Section 3.4, the “Revolving Committed Amount”); provided, further, (Ai) with regard to each Revolving Lender individually, the sum of such Revolving Lender’s Revolving Credit Exposure Commitment Percentage of the aggregate principal amount of outstanding Revolving Loans plus outstanding Swingline Loans plus outstanding Revolving LOC Obligations shall not exceed such Revolving Lender’s Revolving Commitment, and (Bii) with regard to the Revolving Lenders collectively, the sum of the aggregate outstanding principal amount of outstanding Revolving Loans plus outstanding Swingline Loans plus outstanding Revolving LOC Obligations plus Swingline Loans shall not exceed the Revolving Committed Amount then in effect and (iii) the aggregate principal amount of outstanding Revolving Loans denominated in a Foreign Currency, together with the outstanding LOC Obligations with respect to Letters of Credit denominated in a Foreign Currency, shall not exceed the Foreign Currency Sublimit. For purposes hereof, the aggregate principal amount available for Revolving Loan borrowings hereunder shall be TWO HUNDRED MILLION DOLLARS ($200,000,000) (as such aggregate maximum amount may be reduced from time to time as provided in Section 2.8, or increased from time to time as provided in Section 2.23, the “Revolving Committed Amount”). LIBOR Rate Loans shall be made by each Revolving Lender at its LIBOR Lending Office and Alternate Base Rate Loans at its Domestic Lending Office. Revolving Loans may consist of Alternate Base Rate Loans or Eurodollar LIBOR Rate Loans, or a combination thereof, as the Borrower may request; provided, however, that no more than six (6) Eurodollar Loans which are request and Revolving Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar denominated in a Foreign Currency may consist of only LIBOR Rate Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof.

Appears in 1 contract

Sources: Credit Agreement (Gencorp Inc)

Revolving Commitment. Subject During the Commitment Period, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each U.S. Revolving Lender severally agrees to make available to the Borrower such Revolving Lender’s Commitment Percentage of revolving credit loans requested by the Borrower in U.S. Dollars ("U.S. Revolving Loans") to the Company from time to time from in an aggregate principal amount not to exceed at any time outstanding the Closing Date until the Maturity Date, or amount of such earlier date as the U.S. Revolving Commitments shall have been terminated as provided hereinLender's U.S. Revolving Commitment; provided, however, that after giving effect to any such U.S. Revolving Loans, (i) the sum aggregate principal Dollar Amount (determined as of the aggregate most recent Determination Date) of outstanding principal amount of Revolving Loans, Swingline Loans and LOC Obligations shall not exceed FOUR HUNDRED MILLION DOLLARS ($400,000,000) (as such aggregate maximum amount may be increased in accordance with Section 2.7 or reduced from time to time as provided in Section 3.4, the Aggregate Revolving Committed Amount”); provided, further, (Aii) with regard to each the aggregate principal Dollar Amount (determined as of the most recent Determination Date) of the outstanding U.S. Revolving Lender individuallyLoans, such U.S. Swingline Loans and LOC Obligations shall not exceed the Aggregate U.S. Revolving Committed Amount and (iii) the aggregate principal Dollar Amount (determined as of the most recent Determination Date) of any U.S. Revolving Lender’s 's U.S. Revolving Credit Exposure Commitment Percentage of outstanding U.S. Revolving Loans, U.S. Swingline Loans and LOC Obligations shall not exceed such U.S. Revolving Lender’s Revolving Commitment, and (B) the sum of the aggregate outstanding principal amount of Revolving Loans plus LOC Obligations plus Swingline Loans shall not exceed the 's U.S. Revolving Committed Amount. U.S. Revolving Loans may consist of Alternate Base Rate Loans or Eurodollar LIBOR Rate Loans, or a combination thereof, as the Borrower Company may request; provided, however, that no more than six (6) Eurodollar Loans which are Revolving Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof; provided, however, U.S. Revolving Loans made on the Closing Date or on any of the three Business Days following the Closing Date may only consist of Alternate Base Rate Loans unless the Company executes a funding indemnity letter in form and substance reasonably satisfactory to the Administrative Agent. LIBOR Rate Loans denominated in U.S. Dollars shall be made by each U.S. Revolving Lender at its LIBOR Lending Office. Alternate Base Rate Loans shall be made by each U.S. Revolving Lender at its Domestic Lending Office.

Appears in 1 contract

Sources: Credit Agreement (Rock-Tenn CO)

Revolving Commitment. Subject During the Commitment Period, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Revolving Lender severally severally, but not jointly, agrees to make available revolving credit loans ("Revolving Loans") to the Borrower such Revolving Lender’s Commitment Percentage of revolving credit loans requested by the Borrower in Dollars (“Revolving Loans”) from time to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; provided, however, that the sum of the in an aggregate outstanding principal amount of Revolving Loans shall not exceed FOUR up to ONE HUNDRED MILLION FIFTY Million DOLLARS ($400,000,000150,000,000) (as such aggregate maximum amount may be increased in accordance with Section 2.7 or reduced from time to time as provided in Section 3.42.5, the "Aggregate Revolving Committed Amount”)") for the purposes hereinafter set forth; provided, furtherhowever, that (Ai) with regard to each Revolving Lender individually, the aggregate principal amount of such Lender's Revolving Commitment Percentage of outstanding Revolving Loans plus such Lender’s 's Revolving Credit Exposure Commitment Percentage of outstanding Swingline Loans plus such Lender's LOC Commitment Percentage of LOC Obligations shall not exceed such Lender's Revolving Lender’s Revolving Commitment, Committed Amount and (Bii) with regard to the sum of Lenders collectively, the aggregate outstanding principal amount of the outstanding Revolving Loans plus outstanding Swingline Loans plus LOC Obligations plus Swingline Loans shall not exceed the Aggregate Revolving Committed Amount. Revolving Loans may consist of Alternate Base Rate Loans or Eurodollar LIBOR Rate Loans, or a combination thereof, as the Borrower may request; provided, however, that no more than six (6) Eurodollar Loans which are Revolving Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof; provided, however, Revolving Loans made on the Closing Date or on any of the three Business Days following the Closing Date may only consist of Alternate Base Rate Loans. LIBOR Rate Loans shall be made by each Lender at its LIBOR Lending Office and Alternate Base Rate Loans at its Domestic Lending Office.

Appears in 1 contract

Sources: Credit Agreement (MPS Group Inc)

Revolving Commitment. Subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth herein, each Revolving Lender severally agrees to make available to the Borrower such Lender's Revolving Lender’s Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("Revolving Loans") from time to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; provided, however, that the sum of the aggregate outstanding principal amount of Revolving Loans plus the aggregate amount of Swingline Loans outstanding plus the outstanding LOC Obligations shall not exceed FOUR TWO HUNDRED FIFTY MILLION DOLLARS ($400,000,000250,000,000) (as such aggregate maximum amount may be increased in accordance with Section 2.7 or reduced from time to time as provided in Section 3.4, the "Revolving Committed Amount"); provided, further, (A) with regard to each Revolving Lender individually, such Lender's outstanding Revolving Lender’s Revolving Credit Exposure Loans plus its Participation Interests in Swingline Loans and LOC Obligations shall not exceed such Lender's Revolving Lender’s Revolving Commitment, and (B) the sum Commitment Percentage of the aggregate outstanding principal amount of Revolving Loans plus LOC Obligations plus Swingline Loans shall not exceed the Revolving Committed Amount. Revolving Loans may consist of Base Rate Loans or Eurodollar Loans, or a combination thereof, as the Borrower may request; provided, however, that no more than six (6) Eurodollar Loans which are Revolving Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof.

Appears in 1 contract

Sources: Credit Agreement (Longview Fibre Co)

Revolving Commitment. Subject During the Commitment Period, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Revolving Lender severally agrees to severally, but not jointly, shall make available to the Borrower such Revolving Lender’s Commitment Percentage of revolving credit loans requested by the Borrower in Dollars (“Revolving Loans”) to the Borrower from time to time from in an aggregate principal amount not at any time exceeding the total of Revolving Commitments of all the Lenders, which amount on the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; provided, however, that the sum of the aggregate outstanding principal amount of Revolving Loans shall not exceed FOUR equal THREE HUNDRED FIFTY MILLION DOLLARS ($400,000,000350,000,000) (as increased from time to time as provided in Section 2.2 and as such aggregate maximum amount may be increased in accordance with Section 2.7 or reduced from time to time as provided in Section 3.42.6, the “Revolving Committed Amount”)) for the purposes hereinafter set forth; provided, furtherhowever, that (Ai) with regard to each Revolving Lender individually, the sum of such Revolving Lender’s Commitment Percentage of the aggregate principal amount of outstanding Revolving Credit Exposure Loans plus such Revolving Lender’s Commitment Percentage of outstanding Swingline Loans plus such Revolving Lender’s Commitment Percentage of outstanding LOC Obligations shall not exceed such Revolving Lender’s Revolving Commitment, Commitment and (Bii) with regard to the Revolving Lenders collectively, the sum of the aggregate outstanding principal amount of outstanding Revolving Loans plus the aggregate principal amount of outstanding Swingline Loans plus the aggregate principal amount of outstanding LOC Obligations plus Swingline Loans shall not exceed the Revolving Committed AmountAmount then in effect. Revolving Loans may consist of Alternate Base Rate Loans or Eurodollar LIBOR Rate Loans, or a combination thereof, as the Borrower may request; provided, however, that no more than six (6) Eurodollar Loans which are Revolving Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof; provided, however, the Revolving Loans made on the Closing Date or any of the three (3) Business Days following the Closing Date, may only consist of Alternate Base Rate Loans unless the Borrower delivers a funding indemnity letter, substantially in the form of Exhibit 2.1(a), reasonably acceptable to the Administrative Agent on or before the Closing Date, in which case LIBOR Rate Loans are available to the Borrower. LIBOR Rate Loans shall be made by each Revolving Lender at its LIBOR Lending Office and Alternate Base Rate Loans at its Domestic Lending Office.

Appears in 1 contract

Sources: Credit Agreement (Pediatrix Medical Group Inc)

Revolving Commitment. Subject Prior to the Commitment Termination Date, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Revolving Lender severally agrees to make available revolving credit loans in Dollars or in any Alternative Currency to the Borrower such Revolving Lender’s Commitment Percentage of revolving credit loans requested by the Borrower in Dollars (“Revolving Loans”) from time to time from for the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided hereinpurposes hereinafter set forth; provided, however, that (i) with regard to each Lender individually, the sum of the aggregate such Lender’s share of outstanding principal amount Revolving Loans, plus such Lender’s Commitment Percentage of Revolving Loans outstanding Swingline Loans, plus such Lender’s Commitment Percentage of LOC Obligations shall not exceed FOUR HUNDRED such Lender’s Commitment Percentage of the aggregate Committed Amount, and (ii) with regard to the Lenders collectively, the Advances Outstanding shall not exceed the aggregate Committed Amount then in effect. For purposes hereof, the aggregate amount available hereunder shall be ONE BILLION AND SEVENTY MILLION DOLLARS ($400,000,0001,070,000.00) (as such aggregate maximum amount may be increased in accordance with Section 2.7 or reduced from time to time as provided in Section 3.42.6, the “Revolving Committed Amount”); provided, furtherhowever, (A) with regard to each that the aggregate principal amount of all outstanding Revolving Lender individually, such Revolving Lender’s Revolving Credit Exposure Loans and LOC Obligations in Alternative Currencies shall not exceed such Revolving Lender’s Revolving Commitment, and TWO HUNDRED MILLION DOLLARS (B$200,000,000) the sum of the aggregate outstanding principal amount of Revolving Loans plus LOC Obligations plus Swingline Loans shall not exceed the Revolving Committed Amount(“Alternative Currency Sub Limit”). Revolving Loans denominated in Dollars may consist of Alternate Base Rate Loans or Eurodollar EURIBOR/LIBOR Rate Loans, or a combination thereof, as the Initial Borrower may request, and may be repaid and reborrowed in accordance with the provisions hereof. Revolving Loans denominated in any Alternative Currency may consist of Alternate Base Rate Loans or EURIBOR/LIBOR Rate Loans, or a combination thereof, as the Borrower may request; provided, however, that no more than six (6) Eurodollar Loans which are Revolving Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof. Notwithstanding the foregoing, any Revolving Loans made on the Closing Date or on either of the two Business Days immediately following the Closing Date may only consist of Alternate Base Rate Loans denominated in Dollars. Any Loans denominated in Dollars shall be made by each Lender at its Domestic Lending Office and any Loans denominated in any Alternative Currency shall be made by each Lender at its EURIBOR/LIBOR Lending Office.

Appears in 1 contract

Sources: Credit Agreement (Capitalsource Inc)

Revolving Commitment. Subject During the Commitment Period, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Revolving Lender severally agrees to make available to the Borrower such Revolving Lender’s Commitment Percentage of revolving credit loans requested by the Borrower in Dollars (“Revolving Loans”) to the Borrower from time to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; provided, however, that the sum of the in an aggregate outstanding principal amount of Revolving Loans shall not exceed FOUR up to EIGHT HUNDRED MILLION DOLLARS ($400,000,000800,000,000) (as such aggregate maximum amount may be increased in accordance with Section 2.7 or reduced from time to time as provided in Section 3.42.6, the “Aggregate Revolving Committed Amount”)) for the purposes hereinafter set forth; provided, furtherhowever, that (Ai) with regard to each Revolving Lender individually, the sum of such Revolving Lender’s share of outstanding Revolving Credit Exposure Loans plus such Lender’s Commitment Percentage of outstanding Swingline Loans plus such Lender’s Commitment Percentage of LOC Obligations shall not exceed such Revolving Lender’s Revolving CommitmentCommitted Amount, and (Bii) with regard to the Lenders collectively, the sum of the aggregate outstanding principal amount of Revolving Loans plus outstanding Swingline Loans plus LOC Obligations plus Swingline Loans shall not exceed the Aggregate Revolving Committed Amount. Revolving Loans may consist of Alternate Base Rate Loans or Eurodollar LIBOR Rate Loans, or a combination thereof, as the Borrower may request; provided, however, that no more than six (6) Eurodollar Loans which are Revolving Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof; provided, however, Revolving Loans made on the Closing Date or on any of the three Business Days following the Closing Date may only consist of Alternate Base Rate Loans unless the Borrower executes a funding indemnity letter in form and substance satisfactory to the Administrative Agent. LIBOR Rate Loans shall be made by each Lender at its LIBOR Lending Office and Alternate Base Rate Loans at its Domestic Lending Office.

Appears in 1 contract

Sources: Credit Agreement (West Corp)

Revolving Commitment. Subject During the Commitment Period, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Revolving Lender severally severally, but not jointly, agrees to make available to the Borrower such Revolving Lender’s Commitment Percentage of revolving credit loans requested by the Borrower in Dollars (“Revolving Loans”) to the Borrower from time to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; provided, however, that the sum of the in an aggregate outstanding principal amount of Revolving Loans shall not exceed FOUR up to SIX HUNDRED MILLION DOLLARS ($400,000,000600,000,000) (as increased from time to time as provided in Section 2.1(f) and as such aggregate maximum amount may be increased in accordance with Section 2.7 or reduced from time to time as provided in Section 3.42.6, the “Revolving Committed Amount”)) for the purposes hereinafter set forth; provided, furtherhowever, that (Ai) with regard to each Revolving Lender individually, the sum of such Revolving Lender’s Commitment Percentage of the aggregate principal amount of outstanding Revolving Credit Exposure Loans plus such Revolving Lender’s Commitment Percentage of outstanding Swingline Loans plus such Revolving Lender’s Commitment Percentage of outstanding LOC Obligations shall not exceed such Revolving Lender’s Revolving Commitment, Commitment and (Bii) with regard to the Revolving Lenders collectively, the sum of the aggregate outstanding principal amount of outstanding Revolving Loans plus outstanding Swingline Loans plus outstanding LOC Obligations plus Swingline Loans shall not exceed the Revolving Committed AmountAmount then in effect. Revolving Loans may consist of Alternate Base Rate Loans or Eurodollar LIBOR Rate Loans, or a combination thereof, as the Borrower may request; provided, however, that no more than six (6) Eurodollar Loans which are Revolving Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof; provided, however, the Revolving Loans made on the Closing Date or any of the three (3) Business Days following the Closing Date, may only consist of Alternate Base Rate Loans unless the Borrower delivers a funding indemnity letter, substantially in the form of Exhibit 2.1(a), reasonably acceptable to the Administrative Agent not less than three (3) Business Days prior to the Closing Date. LIBOR Rate Loans shall be made by each Revolving Lender at its LIBOR Lending Office and Alternate Base Rate Loans at its Domestic Lending Office.

Appears in 1 contract

Sources: Credit Agreement (Osi Systems Inc)

Revolving Commitment. Subject During the Commitment Period, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Revolving Lender severally severally, but not jointly, agrees to make available to the Borrower such Revolving Lender’s Commitment Percentage of revolving credit loans requested by the Borrower in Dollars (“Revolving Loans”) to the Borrowers from time to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; provided, however, that the sum of the in an aggregate outstanding principal amount of Revolving Loans shall not exceed FOUR up to FIVESIX HUNDRED FIFTY MILLION DOLLARS ($400,000,000550,000,000650,000,000) (as increased from time to time as provided in Section 2.22(a) and as such aggregate maximum amount may be increased in accordance with Section 2.7 or reduced from time to time as provided in Section 3.42.6, the “Revolving Committed Amount”) for the purposes hereinafter set forth (such facility, the “Revolving Facility”); provided, furtherhowever, that (Ai) with regard to each Revolving Lender individually, the sum of such Revolving Lender’s Revolving Credit Exposure Commitment Percentage of the aggregate principal amount of outstanding Revolving Loans plus such Revolving Lender’s Revolving Commitment Percentage of outstanding Swingline Loans plus such Revolving Lender’s Revolving Commitment Percentage of outstanding LOC Obligations shall not exceed such Revolving Lender’s Revolving Commitment, Commitment and (Bii) with regard to the Revolving Lenders collectively, the sum of the aggregate outstanding principal amount of outstanding Revolving Loans plus outstanding Swingline Loans plus outstanding LOC Obligations plus Swingline Loans shall not exceed the Revolving Committed AmountAmount then in effect. Revolving Loans may consist of Alternate Base Rate Loans or Eurodollar LIBOR Rate Loans, or a combination thereof, as the Borrower Borrowers may request; provided, however, that no more than six (6) Eurodollar Loans which are Revolving Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof; provided, however, the Revolving Loans made on the Closing Date or any of the three (3) Business Days following the Closing Date, may only consist of Alternate Base Rate Loans unless the Borrowers deliver a funding indemnity letter, substantially in the form of Exhibit 2.1(a), reasonably acceptable to the Administrative Agent not less than three (3) Business Days prior to the Closing Date. LIBOR Rate Loans shall be made by each Revolving Lender at its LIBOR Lending Office and Alternate Base Rate Loans at its Domestic Lending Office.

Appears in 1 contract

Sources: Credit Agreement (CrossAmerica Partners LP)

Revolving Commitment. Subject During the Commitment Period, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Revolving Lender severally agrees to make available revolving credit loans ("REVOLVING LOANS") to the Borrower such Revolving Lender’s Commitment Percentage of revolving credit loans requested by the Borrower in Dollars (“Revolving Loans”) from time to time from for the Closing Date until the Maturity Datepurposes hereinafter set forth; PROVIDED, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; provided, howeverHOWEVER, that (i) with regard to each Lender individually, the sum of such Lender's share of outstanding Revolving Loans PLUS such Lender's Revolving Commitment Percentage of Swingline Loans PLUS such Lender's LOC Commitment Percentage of LOC Obligations shall not exceed such Lender's Revolving Commitment Percentage of the aggregate Revolving Committed Amount, and (ii) with regard to the Lenders collectively, the sum of the aggregate outstanding principal amount of outstanding Revolving Loans PLUS Swingline Loans PLUS LOC Obligations shall not exceed FOUR HUNDRED the lesser of (A) the Revolving Committed Amount and (B) the Borrowing Base. For purposes hereof, the aggregate amount available hereunder shall be FIFTEEN MILLION DOLLARS ($400,000,00015,000,000) (as such aggregate maximum amount may be increased in accordance with Section 2.7 or reduced from time to time as provided in Section 3.42.6, the “Revolving Committed Amount”"REVOLVING COMMITTED AMOUNT"); provided, further, (A) with regard to each Revolving Lender individually, such Revolving Lender’s Revolving Credit Exposure shall not exceed such Revolving Lender’s Revolving Commitment, and (B) the sum of the aggregate outstanding principal amount of Revolving Loans plus LOC Obligations plus Swingline Loans shall not exceed the Revolving Committed Amount. Revolving Loans may consist of Alternate Base Rate Loans or Eurodollar LIBOR Rate Loans, or a combination thereof, as the Borrower may request; provided, however, that no more than six (6) Eurodollar Loans which are Revolving Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof. Notwithstanding any provision herein to the contrary, provided that each of the Lenders shall be able to provide LIBOR Rate Loans having an Interest Period of fourteen (14) days, (x) the initial LIBOR borrowings under Section 2.1 shall be made as LIBOR Rate Loans having an Interest Period of fourteen (14) days and (y) subsequent to such initial LIBOR Rate Loan borrowings but prior to the earlier to occur of (I) the closing of the initial syndication of the Commitment and (II) the sixtieth (60th) day following the Funding Date, all LIBOR Rate Loans under Section 2.1 shall be continued, at the Borrower's election, as LIBOR Rate Loans having an Interest Period of fourteen (14) days. All LIBOR Rate Loans having an Interest Period of fourteen (14) days shall bear interest at the same rate as LIBOR Rate Loans having an Interest Period of one month. LIBOR Rate Loans shall be made by each Lender at its LIBOR Lending Office and Alternate Base Rate Loans at its Domestic Lending Office.

Appears in 1 contract

Sources: Credit Agreement (TTM Technologies Inc)

Revolving Commitment. Subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth herein, each Revolving Lender severally agrees to make available to the Borrower such Revolving Lender’s Commitment Applicable Percentage of revolving credit loans requested by the Borrower in Dollars (“Revolving Loans”) from time to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; provided, however, that the sum of the aggregate outstanding principal amount of Revolving Loans shall not exceed FOUR HUNDRED MILLION DOLLARS ($400,000,000) (as such aggregate maximum amount may be increased in accordance with Section 2.7 or reduced from time to time as provided in Section 3.4, the “Revolving Committed Amount”); provided, further, (Ai) with regard to each Revolving Lender individuallythe Lenders collectively, such Revolving Lender’s Revolving Credit Exposure shall not exceed such Revolving Lender’s Revolving Commitment, and (B) the sum amount of the aggregate Revolving Obligations outstanding principal amount of Revolving Loans plus LOC Obligations plus Swingline Loans shall not exceed the Revolving Committed Amount; provided, further, (ii) with regard to each Lender individually, such Lender’s Applicable Percentage of the sum of the Revolving Loans plus LOC Obligations outstanding plus Swingline Loans outstanding shall not exceed such Lender’s Revolving Commitment. Revolving Loans may consist of Base Rate Loans or Eurodollar Loans, or a combination thereof, as the Borrower may request; provided, however, that no more than six (6) ten Eurodollar Loans which are Revolving Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof.

Appears in 1 contract

Sources: Credit Agreement (Tractor Supply Co /De/)

Revolving Commitment. Subject During the Commitment Period, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Revolving Lender severally agrees to severally, but not jointly, shall make available to the Borrower such Revolving Lender’s Commitment Percentage of revolving credit loans requested by the Borrower in Dollars (“Revolving Loans”) to the Borrower from time to time from in an aggregate principal amount not at any time exceeding the Closing Date until the Maturity Date, or such earlier date as the total of Revolving Commitments of all the Lenders, which amount on the Amendment No. 2 Effective Date shall have been terminated as provided herein; provided, however, that the sum of the aggregate outstanding principal amount of Revolving Loans shall not exceed FOUR equal ONE BILLION TWO HUNDRED MILLION DOLLARS ($400,000,0001,200,000,000) (as increased from time to time as provided in Section 2.22 and as such aggregate maximum amount may be increased in accordance with Section 2.7 or reduced from time to time as provided in Section 3.42.6, the “Revolving Committed Amount”) for the purposes hereinafter set forth (the “Revolving Facility”); provided, furtherhowever, that (Ai) with regard to each Revolving Lender individually, the sum of such Revolving Lender’s Revolving Credit Exposure Commitment Percentage of the aggregate principal amount of outstanding Revolving Loans plus such Revolving Lender’s Revolving Commitment Percentage of the outstanding principal amount of the LOC Obligations shall not exceed such Revolving Lender’s Revolving Commitment, Commitment and (Bii) with regard to the Revolving Lenders collectively, the sum of the aggregate outstanding principal amount of outstanding Revolving Loans plus the aggregate principal amount of outstanding LOC Obligations plus Swingline Loans shall not exceed the Revolving Committed AmountAmount then in effect. Revolving Loans may consist of Alternate Base Rate Loans or Eurodollar LIBOR Rate Loans, or a combination thereof, as the Borrower may request; provided, however, that no more than six (6) Eurodollar Loans which are Revolving Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof; provided, however, the Revolving Loans made on the Closing Date or any of the three (3) Business Days following the Closing Date, may only consist of Alternate Base Rate Loans unless the Borrower delivers a funding indemnity letter, substantially in the form of Exhibit 2.1(a), reasonably acceptable to the Administrative Agent on or before the Closing Date, in which case LIBOR Rate Loans are available to the Borrower. LIBOR Rate Loans shall be made by each Revolving Lender at its LIBOR Lending Office and Alternate Base Rate Loans at its Domestic Lending Office.

Appears in 1 contract

Sources: Credit Agreement (Mednax, Inc.)

Revolving Commitment. Subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth herein, each Revolving Lender severally agrees to make available to the Borrower such Revolving Lender’s 's Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("Revolving Loans") from time to time from the Closing Date until the Maturity Termination Date, or such earlier date as the Revolving Commitments shall have been terminated as provided hereinherein for the purposes hereinafter set forth; provided, however, that the sum of the aggregate outstanding principal amount of outstanding Revolving Loans shall not exceed FOUR TWO HUNDRED SEVENTY MILLION DOLLARS ($400,000,000270,000,000.00) (as such aggregate maximum amount may be increased in accordance with Section 2.7 or reduced from time to time as provided in Section 3.4, the "Revolving Committed Amount"); provided, further, (Ai) with regard to each Revolving Lender individually, the aggregate, principal amount of such Lender's outstanding Revolving Loans plus such Lender’s Revolving 's participation interests in Letters of Credit Exposure plus such Lender's participation interests in the Swingline Loans shall not exceed such Lender's Commitment Percentage of the Revolving Lender’s Revolving CommitmentCommitted Amount, and (Bii) with regard to the sum of Lenders collectively, the aggregate outstanding principal amount of outstanding Revolving Loans plus the aggregate principal amount of outstanding Swingline Loans plus LOC Obligations plus Swingline Loans outstanding shall not exceed the Revolving Committed Amount. Revolving Loans may consist of Base Rate Loans or Eurodollar Loans, or a combination thereof, as the Borrower may request; , and may be repaid and reborrowed in accordance with the provisions hereof, provided, however, that no more than six (6) 5 Eurodollar Loans which are Revolving Loans shall be outstanding hereunder at any time (it being understood that, for time. For purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof.

Appears in 1 contract

Sources: Credit Agreement (Dyson Kissner Moran Corp)

Revolving Commitment. Subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth herein, each Revolving Lender severally agrees to make available to the Borrower such Lender's Revolving Lender’s Commitment Percentage of revolving credit loans requested by the Borrower in Dollars (“Revolving Loans”"REVOLVING LOANS") from time to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; provided, however, that the sum of the aggregate outstanding principal amount of Revolving Loans shall not exceed FOUR TWO HUNDRED MILLION DOLLARS ($400,000,000200,000,000) (as such aggregate maximum amount may be increased in accordance with Section 2.7 or reduced from time to time as provided in Section 3.4, the “Revolving Committed Amount”"REVOLVING COMMITTED AMOUNT"); provided, further, (A) with regard to each Revolving Lender individually, such Lender's outstanding Revolving Lender’s Revolving Credit Exposure Loans shall not exceed such Lender's Revolving Lender’s Commitment Percentage of the Revolving CommitmentCommitted Amount, and (B) the sum of the aggregate outstanding principal amount of Revolving Loans plus LOC Obligations plus Swingline Loans shall not exceed the Revolving Committed Amount. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Base Rate Loans or Eurodollar Loans, or a combination thereof, as the Borrower may request; provided, however, that no more than six (6) 15 Eurodollar Loans which are Revolving Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof.

Appears in 1 contract

Sources: Credit Agreement (Agrilink Foods Inc)

Revolving Commitment. Subject Prior to the Commitment Termination Date, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Revolving Lender severally agrees to make available revolving credit loans in Dollars to the Initial Borrower or in any Alternative Currency to the Borrower such Revolving Lender’s Commitment Percentage of revolving credit loans requested by the Borrower in Dollars (“Revolving Loans”) from time to time from for the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided hereinpurposes hereinafter set forth; provided, however, that (i) with regard to each Lender individually, the sum of the aggregate such Lender’s share of outstanding principal amount Revolving Loans, plus such Lender’s Commitment Percentage of Revolving Loans outstanding Swingline Loans, plus such Lender’s Commitment Percentage of LOC Obligations shall not exceed FOUR such Lender’s Commitment Percentage of the aggregate Committed Amount, and (ii) with regard to the Lenders collectively, the Advances Outstanding shall not exceed the aggregate Committed Amount then in effect. For purposes hereof, the aggregate amount available hereunder shall be FIVE HUNDRED FORTY-FIVE MILLION DOLLARS ($400,000,000545,000,000.00) (as such aggregate maximum amount may be (A) increased from time to time as provided in accordance with Section 2.7 or 2.2, and (B) reduced from time to time as provided in Section 3.42.6, the “Revolving Committed Amount”); provided, furtherhowever, (A) with regard to each that the aggregate principal amount of all outstanding Revolving Lender individually, such Revolving Lender’s Revolving Credit Exposure Loans and LOC Obligations in Alternative Currencies shall not exceed such Revolving Lender’s Revolving Commitment, and thirty percent (B30%) the sum of the aggregate outstanding principal amount of Revolving Loans plus LOC Obligations plus Swingline Loans shall not exceed the Revolving Committed AmountAmount (“Alternative Currency Sub Limit”). Revolving Loans denominated in Dollars may consist of Alternate Base Rate Loans or Eurodollar EURIBOR/LIBOR Rate Loans, or a combination thereof, as the Initial Borrower may request, and may be repaid and reborrowed in accordance with the provisions hereof. Revolving Loans denominated in any Alternative Currency may consist of Alternate Base Rate Loans or EURIBOR/LIBOR Rate Loans, or a combination thereof, as the Borrower may request; provided, however, that no more than six (6) Eurodollar Loans which are Revolving Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof. Notwithstanding the foregoing, any Revolving Loans made on the Closing Date or on either of the two Business Days immediately following the Closing Date may only consist of Alternate Base Rate Loans denominated in Dollars. Any Loans denominated in Dollars shall be made by each Lender at its Domestic Lending Office and any Loans denominated in any Alternative Currency shall be made by each Lender at its EURIBOR/LIBOR Lending Office.

Appears in 1 contract

Sources: Credit Agreement (Capitalsource Inc)

Revolving Commitment. Subject During the Commitment Period, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Revolving Lender severally agrees to make available to the Borrower such Revolving Lender’s Commitment Percentage of revolving credit loans requested by the Borrower in Dollars and Available Foreign Currencies (the “Revolving Loans”) to the Borrower from time to time from in the Closing Date until amount of such Lender’s Revolving Commitment Percentage of such Revolving Loans for the Maturity Datepurposes hereinafter set forth; provided that (i) with regard to the Lenders collectively, or such earlier date the aggregate principal Dollar Amount (determined as the Revolving Commitments shall have been terminated as provided herein; provided, however, that the sum of the aggregate outstanding principal amount most recent Determination Date) of Revolving Loans Obligations outstanding at any time shall not exceed FOUR the Aggregate Revolving Committed Amount, (ii) with regard to each Lender individually, the aggregate principal Dollar Amount (determined as of the most recent Determination Date) of such Lender’s Revolving Commitment Percentage of Revolving Obligations outstanding at any time shall not exceed such Lender’s Revolving Committed Amount, and (iii) the aggregate principal Dollar Amount (determined as of the most recent Determination Date) of Revolving Obligations in Available Foreign Currencies shall not at any time exceed SIX HUNDRED MILLION DOLLARS ($400,000,000600,000,000) (as such aggregate maximum amount may be increased in accordance with Section 2.7 or reduced from time to time as provided in Section 3.4, the “Revolving Foreign Currencies Committed Amount”); provided, further, (A) with regard to each Revolving Lender individually, such Revolving Lender’s Revolving Credit Exposure shall not exceed such Revolving Lender’s Revolving Commitment, and (B) the sum of the aggregate outstanding principal amount of Revolving Loans plus LOC Obligations plus Swingline Loans shall not exceed the Revolving Committed Amount. Revolving Loans may consist of Base Rate Loans or Eurodollar LIBOR Loans, or a combination thereof, as the Borrower may request; provided, however, that no more than six (6) Eurodollar Loans which are and Revolving Loans denominated in Available Foreign Currencies shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar consist solely of LIBOR Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof.

Appears in 1 contract

Sources: Multi Year Revolving Credit Agreement (Nucor Corp)

Revolving Commitment. Subject During the Commitment Period, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Revolving Lender severally agrees to make available revolving credit loans ("Revolving Loans") to the Borrower such Revolving Lender’s Commitment Percentage of revolving credit loans requested by the Borrower in Dollars (“Revolving Loans”) from time to time from for the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided hereinpurposes hereinafter set forth; provided, however, that (i) with regard to each Lender individually, the sum of such Lender's share of outstanding Revolving Loans plus such Lender's Revolving Commitment Percentage of Swingline Loans plus such Lender's LOC Commitment Percentage of LOC Obligations shall not exceed the least of (A) such Lender's Revolving Commitment Percentage of the aggregate Revolving Committed Amount, (B) such Lender's Revolving Commitment Percentage of the Maximum Outstanding Amount then in effect and (C) such Lender's Revolving Commitment Percentage of the Borrowing Base then in effect, and (ii) with regard to the Lenders collectively, the sum of the aggregate outstanding principal amount of outstanding Revolving Loans plus Swingline Loans plus LOC Obligations shall not exceed FOUR the least of (A) the Revolving Committed Amount, (B) the Maximum Outstanding Amount then in effect and (C) the Borrowing Base then in effect. For purposes hereof, the aggregate amount available hereunder (subject to the restrictions hereof) shall be ONE HUNDRED FIFTY MILLION DOLLARS ($400,000,000150,000,000) (as such aggregate maximum amount may be increased in accordance with Section 2.7 or reduced from time to time as provided in Section 3.42.6, the "Revolving Committed Amount"); provided, further, (A) with regard to each Revolving Lender individually, such Revolving Lender’s Revolving Credit Exposure shall not exceed such Revolving Lender’s Revolving Commitment, and (B) the sum of the aggregate outstanding principal amount of Revolving Loans plus LOC Obligations plus Swingline Loans shall not exceed the Revolving Committed Amount. Revolving Loans may consist of Alternate Base Rate Loans or Eurodollar LIBOR Rate Loans, or a combination thereof, as the Borrower may request; provided, however, that no more than six (6) Eurodollar Loans which are Revolving Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof. LIBOR Rate Loans shall be made by each Lender at its LIBOR Lending Office and Alternate Base Rate Loans at its Domestic Lending Office.

Appears in 1 contract

Sources: Credit Agreement (Dan River Inc /Ga/)

Revolving Commitment. Subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth herein, each Revolving Lender severally agrees to make available to the Borrower such Revolving Lender’s Commitment Percentage of revolving credit loans requested by the Borrower in Dollars (“Revolving Loans”) up to such ▇▇▇▇▇▇’s Revolving Commitment from time to time from the Closing Date until the Maturity Termination Date, or such earlier date as the Revolving Commitments shall have been terminated as provided hereinherein for the purposes hereinafter set forth; provided, however, that the sum of the aggregate outstanding principal amount of outstanding Revolving Loans shall not exceed FOUR TWO BILLION TWO HUNDRED FIFTY MILLION DOLLARS ($400,000,0002,250,000,000.00) (as such aggregate maximum amount may be reduced or increased in accordance with Section 2.7 or reduced from time to time as provided in Section 3.4, the “Revolving Committed Amount”); provided, further, (Ai) with regard to each Revolving Lender individually, the aggregate amount of such Revolving Lender’s outstanding Revolving Credit Exposure Loans, pro rata share of Swingline Loans and pro rata share of L/C Obligations shall not exceed such Revolving Lender’s Revolving Commitment, and (Bii) with regard to the Lenders collectively, the sum of the aggregate outstanding principal amount of outstanding Revolving Loans plus LOC Obligations plus the aggregate principal amount of outstanding Swingline Loans plus the L/C Obligations outstanding shall not at any time exceed the Revolving Committed Amount. Revolving Loans may consist of Base Rate Loans or Eurodollar Term SOFR Loans, or a combination thereof, as the Borrower may request, and may be repaid and reborrowed in accordance with the provisions hereof; provided, however, that no more than six borrowings of fifteen (615) Eurodollar Loans which are Revolving Term SOFR Loans shall be outstanding hereunder at any time (it being understood that, for time. For purposes hereof, Eurodollar borrowings of Term SOFR Loans with different Interest Periods shall be considered as separate Eurodollar Term SOFR Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan borrowing of Term SOFR Loans with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof. Notwithstanding the foregoing, the Borrower may not request any Loans hereunder while a Change of Control Standstill Period shall be in effect pursuant to Section 3.4(e) hereof.

Appears in 1 contract

Sources: Credit Agreement (Autozone Inc)

Revolving Commitment. Subject (i) During the Commitment Period, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Revolving Lender severally severally, but not jointly, agrees to make available to the Borrower such Revolving Lender’s Commitment Percentage of revolving credit loans requested by the Borrower in Dollars (“Revolving Loans”) to the Company from time to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; provided, however, that the sum of the in an aggregate outstanding principal amount of Revolving Loans shall not exceed FOUR up to THREE HUNDRED SEVENTY FIVE MILLION DOLLARS ($400,000,000375,000,000) (as such aggregate maximum amount may be increased in accordance with Section 2.7 or reduced from time to time as provided in Section 3.42.6, the “Revolving Committed Amount”) for the purposes hereinafter set forth (such facility, the “Revolving Facility”); provided, furtherhowever, that (Ai) with regard to each Revolving Lender individually, the sum of such Revolving Lender’s Revolving Credit Exposure Commitment Percentage of the aggregate principal amount of outstanding Revolving Loans plus such Lender’s Revolving Commitment Percentage of outstanding Swingline Loans plus such ▇▇▇▇▇▇’s Revolving Commitment Percentage of outstanding LOC Obligations shall not exceed such Revolving Lender▇▇▇▇▇▇’s Revolving Commitment, Commitment and (Bii) with regard to the Lenders collectively, the sum of the aggregate outstanding principal amount of outstanding Revolving Loans plus outstanding Swingline Loans plus outstanding LOC Obligations plus Swingline Loans shall not exceed the Revolving Committed AmountAmount then in effect. Revolving Loans may consist of Base Rate Loans or Eurodollar LIBOR RateSOFR Loans, or a combination thereof, as the Borrower Company may request; provided, however, that no more than six (6) Eurodollar Loans which are Revolving Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof; provided, however, the Revolving Loans made on the Closing Date or any of the three (3) Business Days following the Closing Date, may only consist of Base Rate Loans unless the Company delivers a funding indemnity letter, substantially in the form of Exhibit 2.1(a), reasonably acceptable to the Agent not less than three (3) Business Days prior to the Closing Date.

Appears in 1 contract

Sources: Credit Agreement (Universal Health Realty Income Trust)

Revolving Commitment. Subject During the Commitment Period, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Revolving Lender severally agrees to make available revolving credit loans ("Revolving Loans") to the Borrower such Revolving Lender’s Commitment Percentage of revolving credit loans requested by the Borrower in Dollars (“Revolving Loans”) from time to time from for the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided hereinpurposes hereinafter set forth; provided, however, that (i) with regard to each Lender individually, the sum of such Lender's share of outstanding Revolving Loans plus such Lender's LOC Commitment Percentage of outstanding LOC Obligations shall not exceed such Lender's Revolving Commitment Percentage of the aggregate Revolving Committed Amount, and (ii) with regard to the Lenders collectively, the sum of the aggregate outstanding principal amount of outstanding Revolving Loans plus outstanding LOC Obligations shall not exceed FOUR HUNDRED the Revolving Committed Amount. For purposes hereof, the aggregate amount available hereunder shall be THIRTY-THREE MILLION DOLLARS ($400,000,00033,000,000) (as such aggregate maximum amount may be increased in accordance with Section 2.7 or reduced from time to time as provided in Section 3.42.5, the "Revolving Committed Amount"); provided, further, (A) with regard to each Revolving Lender individually, such Revolving Lender’s Revolving Credit Exposure shall not exceed such Revolving Lender’s Revolving Commitment, and (B) the sum of the aggregate outstanding principal amount of Revolving Loans plus LOC Obligations plus Swingline Loans shall not exceed the Revolving Committed Amount. Revolving Loans may consist of Alternate Base Rate Loans or Eurodollar LIBOR Rate Loans, or a combination thereof, as the Borrower may request; provided, however, that no more than six (6) Eurodollar Loans which are Revolving Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof; provided that no more than five (5) separate LIBOR Tranches shall be outstanding at any one time. LIBOR Rate Loans shall be made by each Lender at its LIBOR Lending Office and Alternate Base Rate Loans at its Domestic Lending Office.

Appears in 1 contract

Sources: Credit Agreement (Lower Road Associates LLC)

Revolving Commitment. Subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth herein, each Revolving Lender severally agrees to make available to the Borrower such Revolving Lender’s 's Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("Revolving Loans") from time to time from the Closing Initial Funding Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; provided, however, that the sum of the aggregate outstanding principal amount of Revolving Loans shall not exceed FOUR HUNDRED FIFTEEN MILLION DOLLARS ($400,000,00015,000,000) (as such aggregate maximum amount may be increased in accordance with Section 2.7 or reduced from time to time as provided in Section 3.4, the "Revolving Committed Amount"); provided, further, (A) with regard to each Revolving Lender individually, such Lender's outstanding Revolving Lender’s Revolving Credit Exposure Loans shall not exceed such Lender's Commitment Percentage of the Revolving Lender’s Revolving CommitmentCommitted Amount, and (B) the sum of the aggregate outstanding principal amount of Revolving Loans plus LOC Obligations plus Swingline Loans shall not exceed the Revolving Committed Amount. Revolving Loans may consist of Base Rate Loans or Eurodollar Loans, or a combination thereof, as the Borrower may request; provided, however, that no more than six (6) 5 Eurodollar Loans which are Revolving Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof.

Appears in 1 contract

Sources: Credit Agreement (American Medical Systems Holdings Inc)

Revolving Commitment. Subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth herein, each Revolving Lender severally agrees to make available to the Borrower such Revolving Lender’s Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars (“Revolving Loans”) from time to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; provided, however, that the sum of the aggregate outstanding principal amount of Revolving Loans shall not not, at any time, exceed FOUR HUNDRED MILLION DOLLARS the lesser of ($400,000,000i) (as such aggregate maximum amount may be increased in accordance with Section 2.7 or reduced from time to time as provided in Section 3.4, the Revolving Committed Amount”)Amount and (ii) the Borrowing Base; provided, further, (A) with regard to each Revolving Lender individually, such Revolving Lender’s outstanding Revolving Credit Exposure Loans shall not exceed such Revolving Lender’s Revolving CommitmentCommitment Percentage of the Revolving Committed Amount, and (B) the sum of (1) the aggregate outstanding principal amount of Revolving Loans plus (2) the LOC Obligations plus Swingline Loans (3) the Aggregate Derivative Reserve Amount shall not exceed the lesser of the Revolving Committed AmountAmount and the Borrowing Base. Revolving Loans may consist of Base Rate Loans or Eurodollar Loans, or a combination thereof, as the Borrower may request; provided, however, that no more than six ten (610) Eurodollar Loans which are Revolving Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof.

Appears in 1 contract

Sources: Credit Agreement (U S Restaurant Properties Inc)

Revolving Commitment. Subject During the Commitment Period, subject to -------------------- the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Revolving Lender severally agrees to make available revolving credit loans (the "Revolving Loans") to the Borrower in Dollars from --------------- time to time in the amount of such Revolving Lender’s 's Revolving Commitment Percentage of revolving credit loans the Revolving Loans requested by the Borrower in Dollars hereunder for the purposes hereinafter set forth; provided that (“Revolving Loans”i) from time to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; provided, however, that the sum of the aggregate outstanding principal amount -------- of Revolving Loans Obligations outstanding shall not at any time exceed FOUR TWO HUNDRED NINETY MILLION DOLLARS ($400,000,000290,000,000) (as such aggregate maximum amount may be increased in accordance with Section 2.7 or reduced from time to time as provided in Section 3.4accordance with the provisions hereof, the "Total ----- Revolving Committed Amount"); provided, further, (Aii) the aggregate principal amount of Loan -------------------------- Obligations outstanding shall not at any time exceed the Borrowing Base, and (iii) with regard to each Revolving Lender individually, such Revolving Lender’s 's Revolving Credit Exposure Commitment Percentage of the Revolving Obligations outstanding shall not at any time exceed such Revolving Lender’s 's Revolving Commitment, and (B) the sum of the aggregate outstanding principal amount of Revolving Loans plus LOC Obligations plus Swingline Loans shall not exceed the Revolving Committed Amount. Revolving Loans may consist of Base Rate Loans or Eurodollar Loans, or a combination thereof, as the Borrower may request; provided, however, that no more than six (6) Eurodollar Loans which are Revolving Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof.

Appears in 1 contract

Sources: Credit, Security and Guaranty Agreement (Ventas Inc)

Revolving Commitment. Subject During the Commitment Period, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Revolving Lender severally agrees to make available to the Borrower such Revolving Lender’s Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("Revolving Loans") to the Borrowers from time to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; provided, however, that the sum of the in an aggregate outstanding principal amount of up to such Lender's Revolving Loans shall not exceed FOUR HUNDRED Commitment Percentage of THIRTY-FIVE MILLION DOLLARS ($400,000,00035,000,000) (as such aggregate maximum amount may be increased as provided in accordance with Section 2.7 2.4 or reduced from time to time as provided in Section 3.42.6, the "Revolving Committed Amount”)") for the purposes hereinafter set forth; provided, furtherhowever, that (Ai) with regard to each Revolving Lender individually, the sum of such Lender's share of outstanding Revolving Loans plus such Lender’s 's Revolving Credit Exposure Commitment Percentage of outstanding Swingline Loans plus such Lender's LOC Commitment Percentage of outstanding LOC Obligations shall not exceed such Revolving Lender’s 's Revolving Commitment, and (Bii) with regard to the Lenders collectively, the sum of the aggregate outstanding principal amount of Revolving Loans plus outstanding Swingline Loans plus outstanding LOC Obligations plus Swingline Loans shall not exceed the lesser of (A) the Revolving Committed AmountAmount and (B) the Borrowing Base. Revolving Loans may consist of Alternate Base Rate Loans or Eurodollar LIBOR Rate Loans, or a combination thereof, as the Parent Borrower may request; provided, however, that no more than six (6) Eurodollar Loans which are Revolving Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof. LIBOR Rate Loans shall be made by each Lender at its LIBOR Lending Office and Alternate Base Rate Loans at its Domestic Lending Office.

Appears in 1 contract

Sources: Credit Agreement (Si International Inc)

Revolving Commitment. Subject Prior to the Commitment Termination Date, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Revolving Lender severally agrees to make available revolving credit loans in Dollars or in any Alternative Lending Currency ("Revolving Loans") to the Borrower such Revolving Lender’s Commitment Percentage of revolving credit loans requested by the Borrower in Dollars (“Revolving Loans”) from time to time from for the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided hereinpurposes hereinafter set forth; provided, however, that (i) with regard to each Lender individually, the sum of the aggregate such Lender's share of outstanding principal amount of Revolving Loans plus such Lender's Commitment Percentage of outstanding Swingline Loans plus such Lender's Commitment Percentage of LOC Obligations shall not exceed FOUR such Lender's Commitment Percentage of the aggregate Committed Amount, and (ii) with regard to the Lenders collectively, the Advances Outstanding shall not exceed the aggregate Committed Amount then in effect. For purposes hereof, the aggregate amount available hereunder shall be NINE HUNDRED MILLION Million DOLLARS ($400,000,000900,000,000) (as such aggregate maximum amount may be (w) increased from time to time as provided in accordance with Section 2.7 or 2.2 and (x) reduced from time to time as provided in Section 3.42.6, the “Revolving "Committed Amount"); provided, furtherhowever, (A) with regard to each that the aggregate amount of all outstanding Revolving Lender individually, such Revolving Lender’s Revolving Credit Exposure Loans in Alternative Lending Currencies shall not at any given time exceed such Revolving Lender’s Revolving Commitment, and (B) the sum 25% of the aggregate outstanding principal amount of Revolving Loans plus LOC Obligations plus Swingline Loans shall not exceed Committed Amount (the Revolving Committed Amount"Alternative Lending Currency Sub-Limit"). Revolving Loans may consist of Alternate Base Rate Loans or Eurodollar LIBOR Rate Loans, or a combination thereof, as the Borrower may request; provided, however, that no more than six (6) Eurodollar Loans which are Revolving Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof. LIBOR Rate Loans shall be made by each Lender at its LIBOR Lending Office and Alternate Base Rate Loans at its Domestic Lending Office.

Appears in 1 contract

Sources: Credit Agreement (American Capital Strategies LTD)

Revolving Commitment. Subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth herein, each Revolving Lender severally agrees to make available to the Borrower such Revolving Lender’s Commitment Percentage of revolving credit loans requested by the Borrower in Dollars (“Revolving Loans”) from time to time from the Closing Date until the Revolving Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; provided, however, that the sum of the aggregate outstanding principal amount of Revolving Loans shall not exceed FOUR TWO HUNDRED SEVENTY-FIVE MILLION DOLLARS ($400,000,000275,000,000) (as such aggregate maximum amount may be increased in accordance with Section 2.7 or reduced from time to time as provided in Section 3.4, the “Revolving Committed Amount”); provided, further, (A) with regard to each Revolving Lender individually, such Revolving Lender’s Revolving Credit Exposure shall not exceed such Revolving Lender’s Revolving Commitment, and (B) the sum of the aggregate outstanding principal amount of Revolving Loans plus LOC Obligations plus Swingline Loans shall not exceed the Revolving Committed Amount. Revolving Loans may consist of Base Rate Loans or Eurodollar Loans, or a combination thereof, as the Borrower may request; provided, however, that no more than six (6) Eurodollar Loans which are Revolving Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof.

Appears in 1 contract

Sources: Credit Agreement (Amn Healthcare Services Inc)

Revolving Commitment. Subject During the Commitment Period, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Revolving Lender severally severally, but not jointly, agrees to make available to the Borrower such Revolving Lender’s Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("Revolving Loans") to the Borrowers from time to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; provided, however, that the sum of the in an aggregate outstanding principal amount of up to such Lender's Revolving Loans shall not exceed FOUR HUNDRED Commitment Percentage of FIFTY MILLION DOLLARS ($400,000,00050,000,000) (as such aggregate maximum amount may be increased in accordance with Section 2.7 or reduced from time to time as provided in Section 3.42.6, the "Revolving Committed Amount”)") for the purposes hereinafter set forth; provided, furtherhowever, that (Ai) with regard to each Revolving Lender individually, the sum of such Lender's share of outstanding Revolving Loans plus such Lender’s 's Revolving Credit Exposure Commitment Percentage of outstanding Swingline Loans plus such Lender's LOC Commitment Percentage of outstanding LOC Obligations shall not exceed such Revolving Lender’s 's Revolving Commitment, and (Bii) with regard to the Lenders collectively, the sum of the aggregate outstanding principal amount of Revolving Loans plus outstanding Swingline Loans plus outstanding LOC Obligations plus Swingline Loans shall not exceed the lesser of (A) the Revolving Committed AmountAmount and (B) the Borrowing Base. Revolving Loans may consist of Alternate Base Rate Loans or Eurodollar LIBOR Rate Loans, or a combination thereof, as the Parent Borrower may request; provided, however, that no more than six (6) Eurodollar Loans which are Revolving Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof. LIBOR Rate Loans shall be made by each Lender at its LIBOR Lending Office and Alternate Base Rate Loans at its Domestic Lending Office.

Appears in 1 contract

Sources: Credit Agreement (Si International Inc)

Revolving Commitment. Subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth herein, each Revolving Lender severally agrees to make available to the Borrower such Revolving Lender’s 's Commitment Percentage of revolving credit loans requested by the Borrower in Dollars (“Revolving "Loans") from time to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided hereinherein for the purposes hereinafter set forth; provided, however, that the sum of the aggregate outstanding principal amount of Revolving outstanding Loans shall not exceed FOUR HUNDRED FIFTEEN MILLION DOLLARS ($400,000,00015,000,000) (as such aggregate maximum amount may be increased in accordance with Section 2.7 or reduced from time to time as provided in Section 3.4, the “Revolving "Committed Amount"); provided, further, (A) with regard to each Revolving Lender individually, such Revolving Lender’s Revolving Credit Exposure 's outstanding Loans shall not exceed such Revolving Lender’s Revolving Commitment's Commitment Percentage of the Committed Amount, and (B) the sum of the aggregate outstanding principal amount of Revolving outstanding Loans plus LOC Obligations plus Swingline Loans outstanding shall not exceed the Revolving Committed Amount. Revolving Loans may consist of Base Rate Loans or Eurodollar Loans, or a combination thereof, as the Borrower may request; provided, however, that no more than six (6) 5 Eurodollar Loans which are Revolving Loans shall be outstanding hereunder at any time (it being understood that, for time. For purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof.

Appears in 1 contract

Sources: Credit Agreement (Simcala Inc)

Revolving Commitment. Subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth herein, each U.S. Revolving Lender severally agrees to make available to the Borrower Airgas such U.S. Revolving Lender’s 's U.S. Revolving Commitment Percentage of revolving credit loans requested by the Borrower Airgas in U.S. Dollars ("U.S. Revolving Loans") from time to time from the Closing Date until the Maturity Termination Date, or such earlier date as the U.S. Revolving Commitments shall have been terminated as provided hereinherein for the purposes hereinafter set forth; provided, however, that the sum of the aggregate outstanding principal amount of outstanding U.S. Revolving Loans shall not exceed FOUR THREE HUNDRED EIGHT MILLION U.S. DOLLARS ($400,000,000308,000,000) (as such aggregate maximum amount may be increased in accordance with Section 2.7 or reduced from time to time as provided in Section 3.44.4, the "U.S. Revolving Committed Amount"); provided, further, (Ai) with regard to each U.S. Revolving Lender individually, such U.S. Revolving Lender’s 's outstanding U.S. Revolving Credit Exposure Loans shall not exceed such U.S. Revolving Lender’s 's U.S. Revolving Commitment, Commitment Percentage of the U.S. Revolving Committed Amount and (Bii) with regard to the sum of U.S. Revolving Lenders collectively, the aggregate outstanding principal amount of outstanding U.S. Revolving Loans plus the aggregate principal amount of outstanding Competitive U.S. Loans plus the aggregate principal amount of outstanding U.S. Swingline Loans plus U.S. LOC Obligations plus Swingline Loans outstanding shall not exceed the U.S. Revolving Committed Amount. U.S. Revolving Loans may consist of U.S. Base Rate Loans or Eurodollar Loans, or a combination thereof, as the Borrower Airgas may request, and may be repaid and reborrowed in accordance with the provisions hereof; provided, however, that no more than six (6) 11 Eurodollar Loans which are Revolving Loans shall be outstanding hereunder at any time (it being understood that, for time. For purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). U.S. Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof.

Appears in 1 contract

Sources: Credit Agreement (Airgas Carbonic Inc)

Revolving Commitment. Subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth herein, each Revolving Lender severally agrees to make available to the Borrower such Revolving Lender’s Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("Revolving Loans") up to such Lender's Revolving Commitment from time to time from the Closing Date until the Maturity Termination Date, or such earlier date as the Revolving Commitments shall have been terminated as provided hereinherein for the purposes hereinafter set forth; provided, however, that the sum of the aggregate outstanding principal amount of outstanding Revolving Loans shall not exceed FOUR SIX HUNDRED FIFTY MILLION DOLLARS ($400,000,000650,000,000.00) (as such aggregate maximum amount may be reduced or increased in accordance with Section 2.7 or reduced from time to time as provided in Section Sections 3.3 and 3.4, the "Revolving Committed Amount"); provided, further, (Ai) with regard to each Revolving Lender individually, such Lender's outstanding Revolving Lender’s Revolving Credit Exposure Loans shall not exceed such Revolving Lender’s 's Revolving Commitment, and (Bii) with regard to the sum of Lenders collectively, the aggregate outstanding principal amount of outstanding Revolving Loans plus LOC Obligations the aggregate principal amount of outstanding Competitive Loans plus the aggregate principal amount of outstanding Swingline Loans shall not exceed the Revolving Committed Amount. Revolving Loans may consist of Base Rate Loans or Eurodollar Loans, or a combination thereof, as the Borrower may request, and may be repaid and reborrowed in accordance with the provisions hereof; provided, however, that no more than six (6) 25 Eurodollar Loans which are Revolving Loans shall be outstanding hereunder at any time (it being understood that, for time. For purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof.

Appears in 1 contract

Sources: Credit Agreement (Autozone Inc)

Revolving Commitment. Subject During the Commitment Period, subject to the terms and conditions hereof and in reliance upon hereof, the representations and warranties set forth hereinRevolving Lenders severally, each Revolving Lender severally agrees but not jointly, agree to make available to the Borrower such Revolving Lender’s Commitment Percentage of revolving credit loans requested by the Borrower in Dollars (“Revolving Loans”) to the Borrower from time to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; provided, however, that the sum of the in an aggregate outstanding principal amount of Revolving Loans shall not exceed FOUR HUNDRED MILLION DOLLARS up to $800,000,000 ($400,000,000as increased from time to time as provided in Section 2.20(a) (and as such aggregate maximum amount may be increased in accordance with Section 2.7 or reduced from time to time as provided in Section 3.42.5, the “Revolving Committed Amount”) for the purposes hereinafter set forth (such facility, the “Revolving Facility”); provided, furtherhowever, that (Ai) with regard to each Revolving Lender individually, the sum of such Revolving Lender’s Revolving Credit Exposure Commitment Percentage of the aggregate principal amount of outstanding Revolving Loans plus such Revolving Lender’s Revolving Commitment Percentage of outstanding Swingline Loans plus such Revolving Lender’s Revolving Commitment Percentage of outstanding LOC Obligations shall not exceed such Revolving Lender’s Revolving Commitment, Commitment and (Bii) with regard to the Revolving Lenders collectively, the sum of the aggregate outstanding principal amount of outstanding Revolving Loans plus outstanding Swingline Loans plus outstanding LOC Obligations plus Swingline Loans shall not exceed the Revolving Committed AmountAmount then in effect. Revolving Loans may consist of Alternate Base Rate Loans or Eurodollar SOFR Loans, or a combination thereof, as the Borrower may request; provided, however, that no more than six (6) Eurodollar Loans which are Revolving Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof. SOFR Loans and Alternate Base Rate Loans shall be made by each Revolving Lender at its Domestic Lending Office.

Appears in 1 contract

Sources: Credit Agreement (ARKO Corp.)

Revolving Commitment. Subject During the Revolver Commitment Period, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Revolving Lender severally severally, but not jointly, agrees to make available to the Borrower such Revolving Lender’s Commitment Percentage of revolving credit loans requested by the Borrower in Dollars (“Revolving Loans”) to the Borrowers from time to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; provided, however, that the sum of the in an aggregate outstanding principal amount of Revolving Loans shall not exceed FOUR up to ONE HUNDRED MILLION DOLLARS ($400,000,000100,000,000) (as such aggregate maximum amount may be increased in accordance with Section 2.7 or reduced from time to time as provided in Section 3.42.6, the “Revolving Committed Amount”)) for the purposes hereinafter set forth; provided, furtherhowever, that (Ai) with regard to each Revolving Lender individually, the sum of such Revolving Lender’s Revolving Credit Exposure Commitment Percentage of the aggregate principal amount of outstanding Revolving Loans shall not exceed such Revolving Lender’s Revolving Commitment, Commitment and (Bii) with regard to the Revolving Lenders collectively, the sum of the aggregate outstanding principal amount of outstanding Revolving Loans plus LOC Obligations plus Swingline Loans shall not exceed the Revolving Committed AmountAmount then in effect. No Revolving Loan shall be made by any Revolving Lender if (i) such Revolving Loan and the Revolving Loan Collateral therefor are not approved by the Administrative Agent in its discretion, (ii) before or after giving effect to such Revolving Loan, the Availability is or would be negative and/or (iii) the conditions to Extensions of Credit in Section 4.2 are not satisfied. Revolving Loans may consist of Base Rate Loans or Eurodollar Loans, or a combination thereof, as the Borrower may request; provided, however, that no more than six (6) Eurodollar Loans which are Revolving Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereofhereof and will consist only of LIBOR Rate Loans; provided, however, that if the LIBOR Rate is not available, all LIBOR Rate Loans shall accrue interest at the Alternate Base Rate until such time as the LIBOR Rate is available. LIBOR Rate Loans shall be made by each Revolving Lender at its LIBOR Lending Office.

Appears in 1 contract

Sources: Credit Agreement (Gramercy Capital Corp)

Revolving Commitment. Subject Prior to the Commitment Termination Date, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Revolving Lender severally agrees to make available to the Borrower such Revolving Lender’s Commitment Percentage of revolving credit loans requested by the Borrower in Dollars or in any Alternative Currency (“Revolving Loans”) to the Borrower from time to time from for the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided hereinpurposes hereinafter set forth; provided, however, that (i) with regard to each Lender individually, the sum of the aggregate such Lender’s share of outstanding principal amount of Revolving Loans plus such Lender’s Commitment Percentage of outstanding Swingline Loans plus such Lender’s Commitment Percentage of LOC Obligations shall not exceed FOUR such Lender’s Commitment Percentage of the aggregate Committed Amount, and (ii) with regard to the Lenders collectively, the Advances Outstanding shall not exceed the aggregate Committed Amount then in effect. For purposes hereof, the aggregate amount available hereunder shall be TWO HUNDRED THIRTY MILLION DOLLARS ($400,000,000230,000,000.00) (as such aggregate maximum amount may be (w) increased from time to time as provided in accordance with Section 2.7 or 2.2 and (x) reduced from time to time as provided in Section 3.42.6, the “Revolving Committed Amount”); provided, furtherhowever, (A) with regard to each Revolving Lender individually, such Revolving Lender’s Revolving Credit Exposure shall not exceed such Revolving Lender’s Revolving Commitment, and (B) the sum of that the aggregate outstanding principal amount of all outstanding Revolving Loans plus LOC Obligations plus Swingline Loans in Alternative Currencies shall not exceed the Revolving greater of (y) ONE HUNDRED FIFTEEN MILLION DOLLARS ($115,000,000.00) and (z) 50% of the Committed AmountAmount (“Alternative Currency Sub-Limit”). Revolving Loans may consist of Alternate Base Rate Loans or Eurodollar LIBOR Rate Loans, or a combination thereof, as the Borrower may request; provided, however, that no more than six (6) Eurodollar Loans which are Revolving Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof; provided, however, the Revolving Loans made on the Closing Date or on either of the two Business Days immediately following the Closing Date may only consist of Alternate Base Rate Loans. LIBOR Rate Loans shall be made by each Lender at its LIBOR Lending Office and Alternate Base Rate Loans at its Domestic Lending Office.

Appears in 1 contract

Sources: Credit Agreement (American Capital Strategies LTD)

Revolving Commitment. Subject During the Commitment Period, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Revolving Lender severally severally, but not jointly, agrees to make available to the Borrower such Revolving Lender’s Commitment Percentage of revolving credit loans requested by the Borrower in Dollars (“Revolving Loans”) to the Borrower from time to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; provided, however, that the sum of the in an aggregate outstanding principal amount of Revolving Loans shall not exceed FOUR HUNDRED up to TEN MILLION DOLLARS ($400,000,00010,000,000) (as such aggregate maximum amount may be increased in accordance with Section 2.7 or reduced from time to time as provided in Section 3.42.6, the “Revolving Committed Amount”)) for the purposes hereinafter set forth; provided, furtherhowever, that (Ai) with regard to each Revolving Lender individually, the sum of such Revolving Lender’s Revolving Credit Exposure Commitment Percentage of the aggregate principal amount of outstanding Revolving Loans plus such Revolving Lender’s Revolving Commitment Percentage of outstanding Swingline Loans plus such Revolving Lender’s Revolving Commitment Percentage of outstanding LOC Obligations shall not exceed such Revolving Lender’s Revolving Commitment, Commitment and (Bii) with regard to the Revolving Lenders collectively, the sum of the aggregate outstanding principal amount of outstanding Revolving Loans plus outstanding Swingline Loans plus outstanding LOC Obligations plus Swingline Loans shall not exceed the Revolving Committed AmountAmount then in effect. Revolving Loans may consist of Alternate Base Rate Loans or Eurodollar LIBOR Rate Loans, or a combination thereof, as the Borrower may request; provided, however, that no more than six (6) Eurodollar Loans which are Revolving Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof; provided, however, the Revolving Loans made on the Closing Date or any of the three (3) Business Days following the Closing Date, may only consist of Alternate Base Rate Loans unless the Borrower delivers a funding indemnity letter (which shall provide that the Borrower shall agree to be bound by the terms of Section 2.15(a) (or provisions similar thereto) with respect to such requested borrowing as if such Section 2.15(a) were in effect on the date of such letter and shall otherwise be reasonably acceptable to the Administrative Agent) not less than three (3) Business Days prior to the Closing Date. LIBOR Rate Loans shall be made by each Revolving Lender at its LIBOR Lending Office and Alternate Base Rate Loans at its Domestic Lending Office.

Appears in 1 contract

Sources: Credit Agreement (Riviera Holdings Corp)

Revolving Commitment. Subject During the Commitment Period, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Revolving Lender severally agrees to make available to the Borrower such Revolving Lender’s Commitment Percentage of revolving credit loans requested by the Borrower in Dollars and Foreign Currencies (“Revolving Loans”) to the Borrower from time to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; provided, however, that the sum in an aggregate principal Dollar Amount of the aggregate outstanding principal amount of Revolving Loans shall not exceed FOUR up to ONE HUNDRED AND SEVENTY-FIVE MILLION DOLLARS ($400,000,000175,000,000) (as such aggregate maximum amount may be increased in accordance with Section 2.7 or reduced from time to time as provided in this Section 3.42.01 or in Section 2.09, the “Aggregate Revolving Committed Amount”)) for the purposes hereinafter set forth; provided, furtherhowever, that (i) the then-current Aggregate Revolving Committed Amount shall be reduced by FIFTY MILLION DOLLARS ($50,000,000) upon the earlier to occur of (A) the receipt by the Borrower or any of its Subsidiaries of the Asset Sale Tax Refund and (B) September 15, 2004; (ii) the aggregate principal Dollar Amount (determined as of the most recent Revaluation Date) of Revolving Loans outstanding at any time which are denominated in Foreign Currencies shall not exceed the Multicurrency Committed Amount at any time; (iii) with regard to each Revolving Lender individually, the aggregate principal Dollar Amount (determined as of the most recent Revaluation Date) of such Revolving Lender’s Revolving Credit Exposure Commitment Percentage of outstanding Revolving Loans plus such Revolving Lender’s Revolving Commitment Percentage of outstanding Swingline Loans plus such Revolving Lender’s Revolving Commitment Percentage of LOC Obligations shall not exceed such Revolving Lender’s Revolving Commitment, Committed Amount; and (Biv) with regard to the sum Revolving Lenders collectively, the aggregate principal Dollar Amount (determined as of the aggregate most recent Revaluation Date) of the outstanding principal amount of Revolving Loans plus outstanding Swingline Loans plus LOC Obligations plus Swingline Loans shall not exceed the Aggregate Revolving Committed AmountAmount then in effect. Revolving Loans may consist of Alternate Base Rate Loans or Eurodollar LIBOR Rate Loans, or a combination thereof, as the Borrower may request; provided, however, that no more than six (6) Eurodollar Loans which are Revolving Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof; provided, however, (A) Revolving Loans denominated in Foreign Currencies shall consist solely of LIBOR Rate Loans and (B) Revolving Loans made on the Closing Date or on any of the three Business Days following the Closing Date may only consist of Alternate Base Rate Loans unless the Borrower executes a funding indemnity letter in form and substance satisfactory to the Administrative Agent. LIBOR Rate Loans shall be made by each Revolving Lender at its LIBOR Lending Office and Alternate Base Rate Loans at its Domestic Lending Office.

Appears in 1 contract

Sources: Credit Agreement (Tredegar Corp)

Revolving Commitment. Subject During the Commitment Period, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Revolving Lender severally severally, but not jointly, agrees to make available revolving credit loans ("Revolving Loans") to the Borrower such Revolving Lender’s Commitment Percentage of revolving credit loans requested by the Borrower in Dollars (“Revolving Loans”) from time to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; provided, however, that the sum of the in an aggregate outstanding principal amount of Revolving Loans shall not exceed FOUR HUNDRED MILLION up to TWENTY-FIVE Million DOLLARS ($400,000,00025,000,000) (as such aggregate maximum amount may be increased as provided in accordance with Section 2.7 2.5 or reduced from time to time as provided in Section 3.42.7, the "Aggregate Revolving Committed Amount”)") for the purposes hereinafter set forth; provided, furtherhowever, that (Ai) with regard to each Revolving Lender individually, the sum of such Revolving Lender’s 's Revolving Credit Exposure Commitment Percentage of outstanding Revolving Loans plus such Revolving Lender's Revolving Commitment Percentage of outstanding Swingline Loans plus such Revolving Lender's LOC Commitment Percentage of LOC Obligations shall not exceed such Revolving Lender’s 's Revolving CommitmentCommitted Amount, and (Bii) with regard to the Revolving Lenders collectively, the sum of the aggregate outstanding principal amount of Revolving Loans plus outstanding Swingline Loans plus LOC Obligations plus Swingline Loans shall not exceed the Aggregate Revolving Committed AmountAmount and (iii) no Revolving Loans may be borrowed on the Closing Date. Revolving Loans may consist of Alternate Base Rate Loans or Eurodollar LIBOR Rate Loans, or a combination thereof, as the Borrower may request; provided, however, that no more than six (6) Eurodollar Loans which are Revolving Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof; provided, however, Revolving Loans made on any of two Business Days following the Closing Date may only consist of Alternate Base Rate Loans. LIBOR Rate Loans shall be made by each Revolving Lender at its LIBOR Lending Office and Alternate Base Rate Loans at its Domestic Lending Office.

Appears in 1 contract

Sources: Credit Agreement (Medsource Technologies Inc)

Revolving Commitment. Subject During the Commitment Period, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each U.S. Revolving Lender severally agrees to make available to the Borrower such Revolving Lender’s Commitment Percentage of revolving credit loans requested by the Borrower in Dollars (“Revolving Loans”) from time to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; provided, however, that the sum Company in an aggregate principal Dollar Amount of the aggregate outstanding principal amount of Revolving Loans shall not exceed FOUR up to FIVE HUNDRED MILLION DOLLARS ($400,000,000500,000,000) (as such aggregate maximum amount may be increased in accordance with Section 2.7 or reduced from time to time as provided in Section 3.42.8 or increased pursuant to Section 2.6 hereof, the “Aggregate U.S. Revolving Committed Amount”)) for the purposes hereinafter set forth; provided, furtherhowever, that (Ai) with regard to each U.S. Revolving Lender individually, the aggregate principal Dollar Amount (determined as of the most recent Revaluation Date) of such U.S. Revolving Lender’s U.S. Revolving Commitment Percentage of outstanding U.S. Revolving Loans plus such U.S. Revolving Lender’s U.S. Revolving Commitment Percentage of outstanding Swingline Loans plus such U.S. Revolving Lender’s LOC Commitment Percentage of LOC Obligations shall not exceed such U.S. Revolving Lender’s Revolving Credit Exposure shall not exceed such Revolving Lender’s Revolving CommitmentCommitted Amount, and (Bii) with regard to the sum U.S. Revolving Lenders collectively, the aggregate principal Dollar Amount (determined as of the aggregate most recent Revaluation Date) of the outstanding principal amount of U.S. Revolving Loans plus outstanding Swingline Loans plus LOC Obligations plus Swingline Loans shall not exceed the Aggregate U.S. Revolving Committed Amount. U.S. Revolving Loans may consist of Alternate Base Rate Loans or Eurodollar LIBOR Rate Loans, or a combination thereof, as the applicable Borrower may request; provided, however, that no more than six (6) Eurodollar Loans which are Revolving Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof; provided, however, U.S. Revolving Loans made on the Closing Date or on any of the three Business Days following the Closing Date may only consist of Alternate Base Rate Loans unless the applicable Borrower executes a funding indemnity letter in form and substance satisfactory to the Administrative Agent. LIBOR Rate Loans shall be made by each Lender at its LIBOR Lending Office and Alternate Base Rate Loans at its Domestic Lending Office.

Appears in 1 contract

Sources: Credit Agreement (Ims Health Inc)

Revolving Commitment. Subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth herein, each Revolving Lender severally agrees to make available to the Borrower such Revolving Lender’s 's Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("Revolving Loans") from time to time from the Closing Effective Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; provided, howeverthat, that the sum of the aggregate outstanding principal amount of outstanding Revolving Loans shall not at any time exceed FOUR HUNDRED TWENTY MILLION AND NO/100 DOLLARS ($400,000,00020,000,000.00) (as such aggregate maximum amount may be increased in accordance with Section 2.7 or reduced from time to time as provided in Section 2.3 and Section 3.4, the "Revolving Committed Amount"); provided, further, (A) with regard to each Revolving Lender individually, that such Lender's outstanding Revolving Lender’s Revolving Credit Exposure shall not exceed such Revolving Lender’s Revolving Commitment, and (B) the sum of the aggregate outstanding principal amount of Revolving Loans plus LOC Obligations plus Swingline Loans shall not at any time exceed such Lender's Commitment Percentage of the Revolving Committed Amount. Revolving Loans may consist of Base Rate Loans or Eurodollar Loans, or a combination thereof, as the Borrower may request, and may be repaid and reborrowed in accordance with the provisions hereof; provided, howeverthat, that no more than six (6) Eurodollar Loans which are Revolving Loans shall be outstanding hereunder under this Agreement at any time (it being understood that, for time. For purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions borrowings of Eurodollar Loans may, in accordance with the provisions hereof, be combined through extensions or conversions at the end of existing Interest Periods to constitute a single new Eurodollar Loan with a single the same Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereofof this Agreement.

Appears in 1 contract

Sources: Credit Agreement (Kendle International Inc)

Revolving Commitment. Subject During the Commitment Period, subject to -------------------- the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Revolving Lender severally agrees to make available revolving credit loans ("Revolving Loans") to the Borrower such Revolving Lender’s Commitment Percentage of revolving credit loans requested by the Borrower in Dollars (“Revolving Loans”) from time to --------------- time from for the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided hereinpurposes hereinafter set forth; provided, however, that (i) -------- ------- with regard to each Lender individually, the sum of such Lender's share of outstanding Revolving Loans plus such Lender's Revolving Commitment Percentage of Swingline Loans plus such Lender's LOC Commitment Percentage of LOC Obligations shall not exceed such Lender's Revolving Commitment Percentage of the aggregate Revolving Committed Amount, and (ii) with regard to the Lenders collectively, the sum of the aggregate outstanding principal amount of outstanding Revolving Loans plus Swingline Loans plus LOC Obligations shall not exceed FOUR HUNDRED the aggregate Revolving Committed Amount then in effect. For purposes hereof, the aggregate amount available hereunder shall be SEVENTY- FIVE MILLION DOLLARS ($400,000,00075,000,000) (as such aggregate maximum amount may be increased in accordance with Section 2.7 or reduced from time to time as provided in Section 3.42.6, the "Revolving --------- Committed Amount"); provided, further, (A) with regard to each Revolving Lender individually, such Revolving Lender’s Revolving Credit Exposure shall not exceed such Revolving Lender’s Revolving Commitment, and (B) the sum of the aggregate outstanding principal amount of Revolving Loans plus LOC Obligations plus Swingline Loans shall not exceed the Revolving Committed Amount. Revolving Loans may consist of Alternate Base Rate ---------------- Loans or Eurodollar LIBOR Rate Loans, or a combination thereof, as the Borrower may request; provided, however, that no more than six (6) Eurodollar Loans which are Revolving Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof. LIBOR Rate Loans shall be made by each Lender at its LIBOR Lending Office and Alternate Base Rate Loans at its Domestic Lending Office. Notwithstanding any provision herein to the contrary, (x) the initial LIBOR borrowing under Section 2.1 shall be made as a LIBOR Rate Loan having an Interest Period of fourteen (14) days and (y) subsequent to such initial LIBOR borrowing but prior to the closing of the initial syndication of the Commitment and the Loans to the Lenders, all LIBOR Rate Loans under Section 2.1 shall be made or continued as LIBOR Rate Loans having an Interest Period of fourteen (14) days. All LIBOR Rate Loans having an Interest Period of fourteen (14) days shall bear interest at the same rate as LIBOR Rate Loans having an Interest Period of one month.

Appears in 1 contract

Sources: Credit Agreement (BGF Industries Inc)

Revolving Commitment. Subject During the Commitment Period, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Revolving Lender severally agrees to make available to the Borrower such Revolving Lender’s Commitment Percentage of revolving credit loans requested by the Borrower in Dollars (“Revolving Loans”) to the Borrower from time to time from for the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided hereinpurposes hereinafter set forth; provided, however, that (i) with regard to each Lender individually, the sum of such Lender’s share of outstanding Revolving Loans plus such Lender’s Revolving Commitment Percentage of Swingline Loans plus such Lender’s LOC Commitment Percentage of LOC Obligations shall not exceed such Lender’s Revolving Commitment Percentage of the aggregate Revolving Committed Amount, and (ii) with regard to the Lenders collectively, the sum of the aggregate outstanding principal amount of outstanding Revolving Loans plus Swingline Loans plus LOC Obligations shall not exceed FOUR the aggregate Revolving Committed Amount. For purposes hereof, the aggregate amount available hereunder shall be TWO HUNDRED EIGHTY-FIVE MILLION DOLLARS ($400,000,000285,000,000) (as such aggregate maximum amount may be increased in accordance with Section 2.7 or reduced from time to time as provided in Section 3.42.5, the “Revolving Committed Amount”); provided, further, (A) with regard to each Revolving Lender individually, such Revolving Lender’s Revolving Credit Exposure shall not exceed such Revolving Lender’s Revolving Commitment, and (B) the sum of the aggregate outstanding principal amount of Revolving Loans plus LOC Obligations plus Swingline Loans shall not exceed the Revolving Committed Amount. Revolving Loans may consist of Alternate Base Rate Loans or Eurodollar LIBOR Rate Loans, or a combination thereof, as the Borrower may request; provided, however, that no more than six (6) Eurodollar Loans which are Revolving Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof. LIBOR Rate Loans shall be made by each Lender at its LIBOR Lending Office and Alternate Base Rate Loans at its Domestic Lending Office.

Appears in 1 contract

Sources: Credit Agreement (Consolidated Graphics Inc /Tx/)

Revolving Commitment. Subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth herein, each Revolving Lender severally agrees to make available to the Borrower such Revolving Lender’s Commitment Percentage of revolving credit loans requested by the Borrower in Dollars (“Revolving Loans”) from time to time from the Closing Third Amendment Effective Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; provided, however, that the sum of the aggregate outstanding principal amount of Revolving Loans shall not exceed FOUR SEVENFOUR HUNDRED AND FIFTY MILLION DOLLARS ($400,000,0007450,000,000) (as such aggregate maximum amount may be increased in accordance with Section 2.7 or reduced from time to time as provided in Section 3.4, the “Revolving Committed Amount”); provided, further, (A) with regard to each Revolving Lender individually, such Revolving Lender’s Revolving Credit Exposure shall not exceed such Revolving Lender’s Revolving Commitment, and (B) the sum of the aggregate outstanding principal amount of Revolving Loans plus LOC Obligations plus Swingline Loans shall not exceed the Revolving Committed Amount. Revolving Loans may consist of Base Rate Loans or Eurodollar SOFR Loans, or a combination thereof, as the Borrower may request; provided, however, that no more than six twelve (612) Eurodollar SOFR Loans which are Revolving Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar SOFR Loans with different Interest Periods shall be considered as separate Eurodollar SOFR Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar SOFR Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof.

Appears in 1 contract

Sources: Credit Agreement (Amn Healthcare Services Inc)

Revolving Commitment. Subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth herein, each Revolving Lender severally agrees to make available to the Borrower such Lender's Revolving Lender’s Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("Revolving Loans") from time to time from the Closing Effective Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided hereinherein for the purposes hereinafter set forth; provided, however, that (i) with regard to the Lenders collectively, the sum of the aggregate outstanding principal amount of outstanding Revolving Loans plus LOC Obligations outstanding plus Swingline Loans outstanding shall not exceed the lesser of (A) the Revolving Committed Amount and (B) the Borrowing Base and (ii) with regard to each Lender individually, such Lender's outstanding Revolving Loans shall not exceed FOUR HUNDRED MILLION DOLLARS ($400,000,000) (as such aggregate maximum amount may be increased in accordance with Section 2.7 or reduced from time to time as provided in Section 3.4, the “Lender's Revolving Committed Amount”); provided, further, (A) with regard to each Revolving Lender individually, such Revolving Lender’s Revolving Credit Exposure shall not exceed such Revolving Lender’s Revolving Commitment, and (B) the sum Commitment Percentage of the aggregate outstanding principal amount of Revolving Loans plus LOC Obligations plus Swingline Loans shall not exceed the Revolving Committed Amount. Revolving Loans may consist of Base Rate Loans or Eurodollar Loans, or a combination thereof, as the Borrower may request, and may be repaid and reborrowed in accordance with the provisions hereof; provided, however, that no more than six five (65) Eurodollar Loans which are Revolving Loans shall be outstanding hereunder at any time (it being understood that, for time. For purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof.

Appears in 1 contract

Sources: Credit Agreement (Pluma Inc)

Revolving Commitment. Subject During the Commitment Period, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Revolving Lender severally agrees to make available revolving credit loans in Dollars ("Revolving Loans") to the Borrower such Revolving Lender’s Commitment Percentage of revolving credit loans requested by and to the Canadian Borrower in Dollars (“Revolving Loans”) from time to time from for the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided hereinpurposes hereinafter set forth; provided, however, that (i) with regard to each Revolving Lender individually, the sum of such Revolving Lender's Revolving Commitment Percentage of the aggregate principal amount of outstanding Revolving Loans plus outstanding Swingline Loans plus outstanding LOC Obligations shall not exceed such Revolving Lender's Revolving Commitment Percentage of the Revolving Committed Amount, (ii) with regard to the Revolving Lenders collectively, the sum of the aggregate outstanding principal amount of outstanding Revolving Loans plus outstanding Swingline Loans plus outstanding LOC Obligations shall not exceed FOUR HUNDRED MILLION the Revolving Committed Amount then in effect and (iii) the aggregate principal amount of outstanding Revolving Loans made to the Canadian Borrower shall not exceed $8,000,000 at any time. For purposes hereof, the aggregate principal amount available hereunder shall be THIRTY Million DOLLARS ($400,000,00030,000,000) (as such aggregate maximum amount may be increased in accordance with Section 2.7 or reduced from time to time as provided in Section 3.42.7, the "Revolving Committed Amount"); provided, further, (A) with regard to each Revolving Lender individually, such Revolving Lender’s Revolving Credit Exposure shall not exceed such Revolving Lender’s Revolving Commitment, and (B) the sum of the aggregate outstanding principal amount of Revolving Loans plus LOC Obligations plus Swingline Loans shall not exceed the Revolving Committed Amount. Revolving Loans may consist of Alternate Base Rate Loans or Eurodollar LIBOR Rate Loans, or a combination thereof, as the Borrower may request; provided, however, that no more than six (6) Eurodollar Loans which are Revolving Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof; provided, however, (i) the Revolving Loans made on the Closing Date or on either of the two Business Days immediately following the Closing Date may only consist of Alternate Base Rate Loans and (ii) Revolving Loans made on the Closing Date shall not exceed $10,000,000. LIBOR Rate Loans shall be made by each Revolving Lender at its LIBOR Lending Office and Alternate Base Rate Loans at its Domestic Lending Office.

Appears in 1 contract

Sources: Credit Agreement (Juno Lighting Inc)

Revolving Commitment. Subject During the Commitment Period, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Revolving Lender severally agrees to make available to the Borrower such Revolving Lender’s Commitment Percentage of revolving credit loans requested by the Borrower in Dollars or a Foreign Currency (“Revolving Loans”) to the Borrower from time to time from for the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided hereinpurposes hereinafter set forth; provided, however, that the sum of the aggregate outstanding principal amount of Revolving Loans shall not exceed FOUR HUNDRED MILLION DOLLARS ($400,000,000) (as such aggregate maximum amount may be increased in accordance with Section 2.7 or reduced from time to time as provided in Section 3.4, the “Revolving Committed Amount”); provided, further, (Ai) with regard to each Revolving Lender individually, the sum of such Revolving Lender’s Revolving Credit Exposure Commitment Percentage of the aggregate principal amount of outstanding Revolving Loans plus such Revolving Lender’s Revolving Commitment Percentage of outstanding Swingline Loans plus such Revolving Lender’s Revolving Commitment Percentage of outstanding LOC Obligations shall not exceed such Revolving Lender’s Revolving Commitment, and (Bii) with regard to the Revolving Lenders collectively, the sum of the aggregate outstanding principal amount of outstanding Revolving Loans plus outstanding Swingline Loans plus outstanding LOC Obligations plus Swingline Loans shall not exceed the Revolving Committed Amount then in effect and (iii) the aggregate principal amount of outstanding Revolving Loans denominated in a Foreign Currency shall not exceed the Foreign Currency Sublimit. For purposes hereof, the aggregate principal amount available hereunder for Revolving Loans shall be TWO HUNDRED FIFTY MILLION DOLLARS ($250,000,000) (as such aggregate maximum amount may be reduced from time to time as provided in Section 2.7 or increased from time to time as provided in Section 2.5 or modified as provided in Section 2.2, the “Revolving Committed Amount”). Revolving Loans denominated in Dollars may consist of Alternate Base Rate Loans or Eurodollar LIBOR Rate Loans, or a combination thereof, as the Borrower may request; provided, however, that no more than six (6) Eurodollar Loans which are request and Revolving Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar denominated in a Foreign Currency may consist of LIBOR Rate Loans, even if they begin on the same dateand in each case, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof; provided, however, the Revolving Loans made on the Closing Date or any of the three (3) Business Days following the Closing Date may only consist of Alternate Base Rate Loans unless the Borrower delivers a Funding Indemnity Letter to the Administrative Agent at least three (3) Business Days prior to the Closing Date. LIBOR Rate Loans shall be made by each Revolving Lender at its LIBOR Lending Office and Alternate Base Rate Loans at its Domestic Lending Office.

Appears in 1 contract

Sources: Credit Agreement (Belden Inc.)

Revolving Commitment. Subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth herein, each Revolving Lender severally agrees to make available to the Borrower such Revolving Lender’s Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars (“Revolving Loans”) from time to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; provided, however, that the sum of the aggregate outstanding principal amount of Revolving Loans shall not exceed FOUR HUNDRED the lesser of (i) FIFTEEN MILLION DOLLARS ($400,000,00015,000,000) (as such aggregate maximum amount may be increased in accordance with Section 2.7 or reduced from time to time as provided in Section 3.4, the “Revolving Committed Amount”)) and (ii) the Borrowing Base; provided, further, (A) with regard to each Revolving Lender individually, such Revolving Lender’s outstanding Revolving Credit Exposure Loans shall not exceed such Revolving Lender’s Revolving CommitmentCommitment Percentage of the Revolving Committed Amount, and (B) the sum of the aggregate outstanding principal amount of Revolving Loans plus LOC Obligations plus Swingline Loans shall not exceed the lesser of (1) the Revolving Committed AmountAmount and (2) the Borrowing Base. Revolving Loans may consist of Base Rate Loans or Eurodollar Loans, or a combination thereof, as the Borrower may request; provided, however, that no more than six five (65) Eurodollar Loans which are Revolving Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof.

Appears in 1 contract

Sources: Credit Agreement (Healthtronics Surgical Services Inc)

Revolving Commitment. Subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth herein, each Revolving Lender severally agrees to make available to the Borrower such Lender's Revolving Lender’s Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("Revolving Loans") from time to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; provided, however, that the sum of the aggregate outstanding principal amount of outstanding Revolving Loans shall not exceed FOUR HUNDRED THIRTY MILLION DOLLARS ($400,000,00030,000,000) (as such aggregate maximum amount may be increased in accordance with Section 2.7 or reduced from time to time as provided in Section 3.4, the "Revolving Committed Amount"); provided, further, (A) with regard to each Revolving Lender individually, the sum of the aggregate outstanding principal amount of such Lender's Revolving Lender’s Revolving Credit Exposure Loans plus Participation Interests shall not exceed such Lender's Revolving Lender’s Commitment Percentage of the Revolving CommitmentCommitted Amount, and (B) the sum of the aggregate outstanding principal amount of Revolving Loans plus LOC Obligations plus Swingline Loans shall not exceed the Revolving Committed Amount. Revolving Loans may consist of Base Rate Loans or Eurodollar Loans, or a combination thereof, as the Borrower may request; provided, however, that no more than six (6) 10 Eurodollar Loans which are Revolving Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof.

Appears in 1 contract

Sources: Credit Agreement (Modtech Holdings Inc)

Revolving Commitment. Subject On the date on which any Drawing is requested (whether or not in an Optional Currency) under the Revolving Facility, the Facility Agent shall determine whether the aggregate of: (a) the amount in Euro of that Drawing or, if denominated in an Optional Currency, the Euro Equivalent (determined as at or about 11:00 am 3 Business Days prior to the relevant Drawing Date) of that Drawing; and (b) the Euro Equivalent (determined as at or about 11:00 am 3 Business Days prior to each respective original Drawing Date (the “original Drawing Date” in respect of those Letters of Credit and Lender Guarantees deemed issued on the terms and conditions hereof and in reliance upon the representations and warranties set forth herein, each Revolving Lender severally agrees to make available to the Borrower such Revolving Lender’s Commitment Percentage of revolving credit loans requested by the Borrower in Dollars (“Revolving Loans”) from time to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; provided, however, that the sum of the aggregate outstanding principal amount Bonding Side Letters being the date on which the respective Letters of Revolving Loans shall not exceed FOUR HUNDRED MILLION DOLLARS ($400,000,000) (as such aggregate maximum amount may be increased in accordance with Section 2.7 Credit or reduced from time to time as provided in Section 3.4, the “Revolving Committed Amount”); provided, further, (A) with regard to each Revolving Lender individually, such Revolving Lender’s Revolving Credit Exposure shall not exceed such Revolving Lender’s Revolving Commitment, and (B) the sum of the aggregate outstanding principal amount of Revolving Loans plus LOC Obligations plus Swingline Loans shall not exceed the Revolving Committed Amount. Revolving Loans may consist of Base Rate Loans or Eurodollar Loans, or a combination thereof, as the Borrower may request; provided, however, that no more than six (6) Eurodollar Loans which are Revolving Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, Guarantees were deemed issued in accordance with the provisions hereofterms of the relevant Bonding Side Letter)) of each existing Revolving Advance , denominated in an Optional Currency which will be combined outstanding on the relevant Drawing Date; and (c) each existing Revolving Advance, denominated in Euro which will be outstanding on the relevant Drawing Date; and (d) subject to Clause 11.7 (Revaluation of Letters of Credit), the Euro Equivalent (determined as at or about 11:00 am 2 Business Days prior to each respective original Drawing Date) of the total Contingent Liability of all the Lenders under Letters of Credit and Lender Guarantees already issued under the Revolving Facility and denominated in Optional Currencies, which will be outstanding on the relevant Drawing Date; and (e) the total Contingent Liability of all the Lenders under Letters of Credit and Lender Guarantees already issued under the Revolving Facility and denominated in Euro which will be outstanding on the relevant Drawing Date, exceeds the total amount of the Revolving Commitments as applicable of the Lenders, as reduced by the Ancillary Limits in the case of the Revolving Facility. In the event that the Commitments of the Lenders are so exceeded, at the end election of existing Interest Periods Bidco either (i) the requested Revolving Advance, Letter of Credit or Lender Guarantee shall be reduced by the amount by which the total Revolving Commitments of the Lenders are so exceeded or (ii) Bidco may, in respect of a Letter of Credit or Lender Guarantee, pay or procure the payment to constitute the credit of a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may Cash Collateral Account of an amount equal to the amount by which the Lenders' Commitments are so exceeded in which case the requested Letter of Credit or Lender Guarantee shall be repaid and reborrowed issued in accordance with the provisions hereoffull amount.

Appears in 1 contract

Sources: Loan Agreement (Elster Group SE)

Revolving Commitment. Subject to Each Lender severally agrees, on the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinin this Agreement, each Revolving Lender severally agrees to make available Revolving Advances to the Borrower such Revolving Lender’s Commitment Percentage of revolving credit loans requested by the Borrower in Dollars (“Revolving Loans”) from time to time on any Business Day during the period from the Closing Effective Date until the Maturity Date; provided that after giving effect to such Revolving Advances, or such earlier date as the Outstandings shall not exceed the aggregate Revolving Commitments in effect at such time. Each Revolving Borrowing shall have been terminated (A) if comprised of Base Rate Advances be in an aggregate amount not less than $100,000 and in integral multiples of $100,000 in excess thereof, (B) if comprised of LIBOR Advances be in an aggregate amount not less than $200,000 and in integral multiples of $100,000 in excess thereof, and (C) consist of Revolving Advances of the same Type made on the same day by the Lenders ratably according to their respective Revolving Commitments; provided that, notwithstanding the foregoing, until such time as provided hereinagreed to by each Lender in writing, no Revolving Tranche A Advances may be made on or after the Amendment No. 7 Effective Date, including reimbursement requests pursuant to Section 2.2(c)(i); provided, however, that that, for the sum avoidance of doubt, the aggregate outstanding principal amount of Revolving Loans foregoing proviso shall not exceed FOUR HUNDRED MILLION DOLLARS ($400,000,000) (as such aggregate maximum amount may be increased prohibit the issuance of Letters of Credit pursuant to Section 2.2 in accordance with Section 2.7 or reduced from time the terms of such section. On the Amendment No. 7 Effective Date, $65,000,000 of the Revolving Advances outstanding immediately prior to time giving effect to Amendment No. 7 are hereby designated as provided in Section 3.4and deemed to constitute Tranche B Term Advances, the “Revolving Committed Amount”); provided, further, (A) with regard to and each Revolving Lender individually, such Revolving Lender’s Revolving Credit Exposure shall not exceed pro rata share of such Revolving Tranche B Term Advances is as set forth on Schedule II hereof. Within the limits of each Lender’s Revolving Commitment, and (B) the sum of the aggregate outstanding principal amount of Revolving Loans plus LOC Obligations plus Swingline Loans shall not exceed the Revolving Committed Amount. Revolving Loans may consist of Base Rate Loans or Eurodollar Loans, or a combination thereof, as the Borrower may requestfrom time to time borrow, prepay pursuant to Section 2.5, and reborrow under this Section 2.1(a); provided, however, that no more than six (6) Eurodollar Loans which are Revolving Loans shall be outstanding hereunder at any time (it being understood provided that, for purposes hereofonce prepaid or repaid, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder Borrower may be repaid and reborrowed in accordance with the provisions hereofnot reborrow any Tranche B Term Advances.

Appears in 1 contract

Sources: Credit Agreement (Carbo Ceramics Inc)

Revolving Commitment. Subject to Each of the Banks, severally and for itself alone, agrees, on the terms and conditions hereof and in reliance upon the representations and warranties set forth herein, each Revolving Lender severally agrees to make available loans (herein collectively called the "Committed Loans" and individually called a "Committed Loan") to the Borrower such Revolving Lender’s Commitment Percentage of on a revolving credit loans requested by the Borrower in Dollars (“Revolving Loans”) basis from time to time from the Closing Date until the Maturity Date, or Termination Date in such earlier date as the Revolving Commitments shall have been terminated as provided herein; provided, however, that the sum Bank's Percentage of the aggregate outstanding principal amount of Revolving such Committed Loans shall not exceed FOUR HUNDRED MILLION DOLLARS ($400,000,000) (as such aggregate maximum amount may be increased in accordance with Section 2.7 or reduced from time to time as provided in Section 3.4, the “Revolving Committed Amount”); provided, further, (A) with regard to each Revolving Lender individually, such Revolving Lender’s Revolving Credit Exposure shall not exceed such Revolving Lender’s Revolving Commitment, and (B) the sum of the aggregate outstanding principal amount of Revolving Loans plus LOC Obligations plus Swingline Loans shall not exceed the Revolving Committed Amount. Revolving Loans may consist of Base Rate Loans or Eurodollar Loans, or a combination thereof, as the Borrower may request; provided, however, that no more than six (6) Eurodollar request from all Banks. The aggregate principal amount of the Committed Loans which are Revolving Loans any Bank shall be committed to have outstanding to the Borrower shall not at any one time exceed the amount set opposite such Bank's name on Schedule CHAR_1\F:\DOCS\KAM\BANKING\218148_8 28 1.1- A. The foregoing commitment of each Bank is herein called its "Revolving Commitment" and for all Banks the "Revolving Commitments." The aggregate principal amount of the Committed Loans which all Banks shall be committed to have outstanding hereunder to the Borrower, together with the aggregate principal amount of all Bid Loans outstanding under Section 2.3, Swingline Loans outstanding under Section 2.10, and the Borrower's aggregate outstanding commercial paper shall not at any one time exceed $1,400,000,000 (it being understood thator such reduced amount as may be fixed pursuant to Sections 4.1, for purposes hereof4.9 and 12.2). Notwithstanding any terms or provisions of this Section 2.1 or any other Section of this Agreement to the contrary, Eurodollar Loans with different Interest Periods until the BLHC Debt has been repaid in full and the commitments of the lenders under the BLHC Credit Agreement have been irrevocably terminated, $400,000,000 of the aggregate Revolving Commitments shall be considered as separate Eurodollar Loans, even if they begin on unavailable to the same date, although borrowings, extensions and conversions may, Borrower for any purpose other than for the repayment in accordance with full of the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereofBLHC Debt.

Appears in 1 contract

Sources: Credit Agreement (Conseco Inc Et Al)

Revolving Commitment. Subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth herein, each Revolving Lender severally agrees to make available to the Borrower such Revolving Lender’s Commitment Percentage of revolving credit loans requested by the Borrower in Dollars (“Revolving Loans”) from time to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; provided, however, that the sum of the aggregate outstanding principal amount of Revolving Loans shall not exceed FOUR HUNDRED SEVENTY-FIVE MILLION DOLLARS ($400,000,00075,000,000) (as such aggregate maximum amount may be increased in accordance with Section 2.7 or reduced from time to time as provided in Section 3.4, the “Revolving Committed Amount”); provided, further, (A) with regard to each Revolving Lender individually, such Revolving Lender’s outstanding Revolving Credit Exposure Loans shall not exceed such Revolving Lender’s Commitment Percentage of the Revolving CommitmentCommitted Amount, and (B) the sum of the aggregate outstanding principal amount of Revolving Loans plus LOC Obligations plus Swingline Loans shall not exceed the Revolving Committed Amount. Revolving Loans may consist of Base Rate Loans or Eurodollar Loans, or a combination thereof, as the Borrower may request; provided, however, that no more than six (6) 6 Eurodollar Loans which are Revolving Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof.

Appears in 1 contract

Sources: Credit Agreement (Amn Healthcare Services Inc)

Revolving Commitment. Subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth herein, each Revolving Lender severally agrees to make available to the Borrower such Revolving Lender’s Commitment Percentage of revolving credit loans requested by the Borrower in Dollars (“Revolving Loans”) up to such Lender’s Revolving Commitment from time to time from the Closing Date until the Maturity Termination Date, or such earlier date as the Revolving Commitments shall have been terminated as provided hereinherein for the purposes hereinafter set forth; provided, however, that the sum of the aggregate outstanding principal amount of outstanding Revolving Loans shall not exceed FOUR FIVE HUNDRED MILLION DOLLARS ($400,000,000500,000,000.00) (as such aggregate maximum amount may be reduced or increased in accordance with Section 2.7 or reduced from time to time as provided in Section 2.2 or Section 3.4, the “Revolving Committed Amount”); provided, further, (Ai) with regard to each Revolving Lender individually, the aggregate amount of such Revolving Lender’s outstanding Revolving Credit Exposure Loans shall not exceed such Revolving Lender’s Revolving Commitment, and (Bii) with regard to the sum of Lenders collectively, the aggregate outstanding principal amount of outstanding Revolving Loans plus LOC Obligations plus Swingline Loans shall not at any time exceed the Revolving Committed Amount. Revolving Loans may consist of Base Rate Loans or Eurodollar Loans, or a combination thereof, as the Borrower may request, and may be repaid and reborrowed in accordance with the provisions hereof; provided, however, that no more than six borrowings of five (65) Eurodollar Loans which are Revolving Loans shall be outstanding hereunder at any time (it being understood that, for time. For purposes hereof, borrowings of Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new borrowing of Eurodollar Loan Loans with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof. Notwithstanding the foregoing, the Borrower may not request any Loans hereunder while a Change of Control Standstill Period shall be in effect pursuant to Section 3.4(e) hereof.

Appears in 1 contract

Sources: 364 Day Credit Agreement (Autozone Inc)

Revolving Commitment. Subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth herein, each Revolving Lender severally agrees to make available to the Borrower such Revolving Lender’s Commitment Percentage of revolving credit loans requested by the Borrower in Dollars (“Revolving Loans”) from time to time from the Closing Date until the Revolving Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; provided, however, that the sum of the aggregate outstanding principal amount of Revolving Loans shall not exceed FOUR TWO HUNDRED TWENTY-FIVE MILLION DOLLARS ($400,000,000225,000,000) (as such aggregate maximum amount may be increased in accordance with Section 2.7 2.6 or reduced from time to time as provided in Section 3.4, the “Revolving Committed Amount”); provided, further, (A) with regard to each Revolving Lender CHAR1\1351553v8 34 individually, such Revolving Lender’s Revolving Credit Exposure shall not exceed such Revolving Lender’s Revolving Commitment, and (B) the sum of the aggregate outstanding principal amount of Revolving Loans plus LOC Obligations plus Swingline Loans shall not exceed the Revolving Committed Amount. Revolving Loans may consist of Base Rate Loans or Eurodollar Loans, or a combination thereof, as the Borrower may request; provided, however, that no more than six (6) Eurodollar Loans which are Revolving Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof.

Appears in 1 contract

Sources: Credit Agreement (Amn Healthcare Services Inc)

Revolving Commitment. Subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth herein, each Revolving Lender severally agrees to make available to the Borrower such Revolving Lender’s 's Commitment Percentage of revolving credit loans requested by the Borrower in Dollars (“Revolving Loans”"REVOLVING LOANS") from time to time from the Closing Effective Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; providedPROVIDED, howeverTHAT, that the sum of the aggregate outstanding principal amount of outstanding Revolving Loans PLUS the aggregate amount of outstanding LOC Obligations shall not at any time exceed FOUR HUNDRED an amount equal to TWENTY THREE MILLION AND NO/100 DOLLARS ($400,000,00023,000,000.00) (as such aggregate maximum amount may be increased in accordance with Section 2.7 or reduced from time to time (i) by the original principal amount of all Acquisition Loans pursuant to Section 2.3 and Section 3.4(b)(i) or (ii) as otherwise provided in Section 3.4, the “Revolving Committed Amount”"REVOLVING COMMITTED AMOUNT"); providedPROVIDED, furtherFURTHER, (A) with regard to each Revolving Lender individually, that such Lender's outstanding Revolving Lender’s Revolving Credit Exposure Loans PLUS Participation Interests in outstanding LOC Obligations shall not at any time exceed such Revolving Lender’s Revolving Commitment, and (B) the sum 's Commitment Percentage of the aggregate outstanding principal amount of Revolving Loans plus LOC Obligations plus Swingline Loans shall not exceed the Revolving Committed Amount. Revolving Loans may consist of Base Rate Loans or Eurodollar Loans, or a combination thereof, as the Borrower may request, and may be repaid and reborrowed in accordance with the provisions hereof; providedPROVIDED, howeverTHAT, that no more than six (6) Eurodollar Loans which are Revolving Loans shall be outstanding hereunder under this Agreement at any time (it being understood that, for time. For purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions borrowings of Eurodollar Loans may, in accordance with the provisions hereof, be combined through extensions or conversions at the end of existing Interest Periods to constitute a single new Eurodollar Loan with a single the same Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereofof this Agreement.

Appears in 1 contract

Sources: Credit Agreement (Kendle International Inc)

Revolving Commitment. Subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth herein, each Revolving Lender severally agrees to make available to the Borrower such Lender's Revolving Lender’s Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("Revolving Loans") from time to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided hereinherein for the purposes hereinafter set forth; provided, however, that (i) with regard to the Lenders collectively, the sum of the aggregate outstanding principal amount of outstanding Revolving Loans plus LOC Obligations outstanding plus Swingline Loans outstanding shall not exceed the Revolving Committed Amount and (ii) with regard to each Lender individually, such Lender's outstanding Revolving Loans shall not exceed FOUR HUNDRED MILLION DOLLARS ($400,000,000) (as such aggregate maximum amount may be increased in accordance with Section 2.7 or reduced from time to time as provided in Section 3.4, the “Lender's Revolving Committed Amount”); provided, further, (A) with regard to each Revolving Lender individually, such Revolving Lender’s Revolving Credit Exposure shall not exceed such Revolving Lender’s Revolving Commitment, and (B) the sum Commitment Percentage of the aggregate outstanding principal amount of Revolving Loans plus LOC Obligations plus Swingline Loans shall not exceed the Revolving Committed Amount. Revolving Loans may consist of Base Rate Loans or Eurodollar Loans, or a combination thereof, as the Borrower may request, and may be repaid and reborrowed in accordance with the provisions hereof; provided, however, that no more than six ten (610) Eurodollar Loans which are Revolving Loans shall be outstanding hereunder at any time (it being understood that, for time. For purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof.

Appears in 1 contract

Sources: Credit Agreement (Resortquest International Inc)

Revolving Commitment. Subject During the Commitment Period, subject to the terms and conditions hereof and hereof, the Revolving Lenders severally in reliance upon the representations and warranties set forth hereinaccordance with their Revolving Commitment Percentages, each Revolving Lender severally agrees but not jointly, agree to make available revolving credit loans ("Revolving Loans") to the Borrower such Revolving Lender’s Commitment Percentage of revolving credit loans requested by the Borrower in Dollars (“Revolving Loans”) from time to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; provided, however, that the sum of the in an aggregate outstanding principal amount of Revolving Loans shall not exceed FOUR HUNDRED up to FIFTEEN MILLION DOLLARS ($400,000,00015,000,000) (as such aggregate maximum amount may be increased as provided in accordance with Section 2.7 2.5 or reduced from time to time as provided in Section 3.42.7, the "Aggregate Revolving Committed Amount”)") for the purposes hereinafter set forth; provided, furtherhowever, that (Ai) with regard to each Revolving Lender individually, the sum of such Revolving Lender’s 's Revolving Credit Exposure Commitment Percentage of outstanding Revolving Loans plus such Revolving Lender's Revolving Commitment Percentage of outstanding Swingline Loans plus such Revolving Lender's LOC Commitment Percentage of LOC Obligations shall not exceed the lesser of: (x) such Revolving Lender’s 's Revolving CommitmentCommitted Amount and (y) such Revolving Lender's Revolving Commitment Percentage multiplied by the Borrowing Base, and (Bii) with regard to the Revolving Lenders collectively, the sum of the aggregate outstanding principal amount of Revolving Loans plus outstanding Swingline Loans plus LOC Obligations plus Swingline Loans shall not exceed the lesser of: (x) the Aggregate Revolving Committed Amount; and (y) the Borrowing Base and (iii) no Revolving Loans may be borrowed on the Closing Date; provided further, however, that until such time after the Second Amendment Closing Date as the Credit Parties' Fixed Charge Coverage Ratio (calculated based upon the financial statements delivered pursuant to Section 5.1 hereof) equals or exceeds 1.25:1.0: (i) with regard to each Revolving Lender individually, the sum of such Revolving Lender's Revolving Commitment Percentage of outstanding Revolving Loans plus such Revolving Lender's Revolving Commitment Percentage of outstanding Swingline Loans plus such Revolving Lender's LOC Commitment Percentage of LOC Obligations shall not exceed the lesser of: (x) such Revolving Lender's Revolving Commitment Percentage multiplied by $12,500,000 and (y) such Revolving Lender's Revolving Commitment Percentage multiplied by the Borrowing Base, and (ii) with regard to the Revolving Lenders collectively, the sum of the outstanding Revolving Loans plus outstanding Swingline Loans plus LOC Obligations shall not exceed the lesser of: (x) $12,500,000; and (y) the Borrowing Base. Revolving Loans may consist of Alternate Base Rate Loans or Eurodollar LIBOR Rate Loans, or a combination thereof, as the Borrower may request; provided, however, that no more than six (6) Eurodollar Loans which are Revolving Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof. LIBOR Rate Loans shall be made by each Revolving Lender at its LIBOR Lending Office and Alternate Base Rate Loans at its Domestic Lending Office.

Appears in 1 contract

Sources: Credit Agreement (Medsource Technologies Inc)

Revolving Commitment. Subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth herein, each Revolving Lender severally agrees to make available to the Borrower such Revolving Lender’s Commitment Percentage of revolving credit loans requested by the Borrower in Dollars (“Revolving Loans”) up to such Lender’s Revolving Commitment from time to time from the Closing Date until the Maturity Termination Date, or such earlier date as the Revolving Commitments shall have been terminated as provided hereinherein for the purposes hereinafter set forth; provided, however, that the sum of the aggregate outstanding principal amount of outstanding Revolving Loans shall not exceed FOUR SEVEN HUNDRED FIFTY MILLION DOLLARS ($400,000,000750,000,000) (as such aggregate maximum amount may be increased in accordance with Section 2.7 or reduced from time to time as provided in Section 3.4, ) (the “Revolving Committed Amount”); provided, further, (A) with regard to each Revolving Lender individually, amount of such Revolving Lender’s outstanding Revolving Credit Exposure Loans, and pro rata share of Swingline Loans shall not exceed such Revolving Lender’s Revolving Commitment, and (Bii) with regard to the Lenders collectively, the sum of the aggregate outstanding principal amount of outstanding Revolving Loans plus LOC Obligations plus the aggregate principal amount of outstanding Swingline Loans shall not at any time exceed the Revolving Committed Amount. Revolving Loans may consist of Base Rate Loans or Eurodollar Loans, or a combination thereof, as the Borrower may request, and may be repaid and reborrowed in accordance with the provisions hereof; provided, however, that no more than six borrowings of five (65) Eurodollar Loans which are Revolving Loans shall be outstanding hereunder at any time (it being understood that, for time. For purposes hereof, borrowings of Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new borrowing of Eurodollar Loan Loans with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof. Notwithstanding the foregoing, the Borrower may not request any Loans hereunder while a Change of Control Standstill Period shall be in effect pursuant to Section 3.4(e) hereof.

Appears in 1 contract

Sources: 364 Day Credit Agreement (Autozone Inc)

Revolving Commitment. Subject Prior to the Commitment Termination Date, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Revolving Lender severally agrees to make available revolving credit loans in Dollars or in any Alternative Lending Currency ("Revolving Loans") to the Borrower such Revolving Lender’s Commitment Percentage of revolving credit loans requested by the Borrower in Dollars (“Revolving Loans”) from time to time from for the Closing Date until the Maturity Datepurposes hereinafter set forth; provided that (i) with regard to each Lender individually, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; provided, however, that the sum of such Lender's share of the aggregate outstanding principal amount Outstanding Amount of Revolving Loans plus such Lender's Commitment Percentage of the Outstanding Amount of Swingline Loans plus such Lender's Commitment Percentage of the Outstanding Amount of LOC Obligations shall not exceed FOUR such Lender's Commitment Percentage of the aggregate Committed Amount, and (ii) with regard to the Lenders collectively, the Advances Outstanding shall not exceed the aggregate Committed Amount then in effect. For purposes hereof, the aggregate Dollar Equivalent available hereunder shall be ONE BILLION FIVE HUNDRED MILLION SIXTY-FIVE Million DOLLARS ($400,000,0001,565,000,000) (as such aggregate maximum amount may be (w) increased from time to time as provided in accordance with Section 2.7 or 2.2 and (x) reduced from time to time as provided in Section 3.42.6, the “Revolving "Committed Amount"); provided, further, (A) with regard to each Revolving Lender individually, such Revolving Lender’s Revolving Credit Exposure provided that the Outstanding Amount of Loans and LOC Obligations denominated in Alternative Lending Currencies shall not at any given time exceed such Revolving Lender’s Revolving Commitment, and (B) the sum 25% of the aggregate outstanding principal amount of Revolving Loans plus LOC Obligations plus Swingline Loans shall not exceed Committed Amount (the Revolving Committed Amount"Alternative Lending Currency Sub-Limit"). Revolving Loans may consist of Base Rate Loans or Eurodollar Index Rate Loans, or a combination thereof, as the Borrower may request; provided, however, that no more than six (6) Eurodollar Loans which are Revolving Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof; provided that Revolving Loans denominated in (i) Dollars shall consist of U.S. Base Rate Loans or LIBOR Rate Loans, (ii) Canadian Dollars shall consist of Canadian Base Rate Loans or Canadian BA Rate Loans, (iii) Pounds Sterling shall consist of Sterling Base Rate Loans or LIBOR Rate Loans and (iv) Euro shall consist of Euro Base Rate Loans or EURIBOR Rate Loans. Loans shall be made by each Lender at its Applicable Lending Office.

Appears in 1 contract

Sources: Credit Agreement (American Capital Strategies LTD)

Revolving Commitment. Subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth herein, each Revolving Lender severally agrees to make available to the Borrower such Lender's Revolving Lender’s Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("Revolving Loans") from time to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; provided, however, that the sum of the aggregate outstanding principal amount of Revolving Loans plus the aggregate amount of Swing Line Loans outstanding plus the outstanding LOC Obligations shall not exceed FOUR HUNDRED the lesser of (i) TWENTY FIVE MILLION DOLLARS ($400,000,00025,000,000.00) (as such aggregate maximum amount may be increased in accordance with Section 2.7 or reduced from time to time as provided in Section 3.4, the "Revolving Committed Amount”)") and (ii) the Borrowing Base; provided, further, (A) with regard to each Revolving Lender individually, such Lender's outstanding Revolving Lender’s Revolving Loans plus its Participation Interests in Letters of Credit Exposure or LOC Obligations plus its Participation Interests in Swing Line Loans shall not exceed such Lender's Revolving Lender’s Revolving Commitment, and (B) the sum Commitment Percentage of the aggregate outstanding principal amount of Revolving Loans plus LOC Obligations plus Swingline Loans shall not exceed the Revolving Committed Amount. Revolving Loans may consist of Base Rate Loans or Eurodollar Loans, or a combination thereof, as the Borrower may request; provided, however, that no more than six (6) 6 Eurodollar Loans which are Revolving Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof.

Appears in 1 contract

Sources: Loan Agreement (Aaipharma Inc)

Revolving Commitment. Subject During the Commitment Period, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Revolving Lender severally agrees to make available to the Borrower such Revolving Lender’s Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("Revolving Loans") to Borrower from time to time from for the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided hereinpurposes hereinafter set forth; provided, however, that (i) with regard to each Revolving Lender individually, the sum of such Revolving Lender's share of outstanding Revolving Loans plus such Revolving Lender's Revolving Commitment Percentage of outstanding Swingline Loans plus such Revolving Lender's Revolving Commitment Percentage of outstanding LOC Obligations shall not exceed such Revolving Lender's Revolving Commitment and (ii) with regard to the Revolving Lenders collectively, the sum of the aggregate outstanding principal amount of outstanding Revolving Loans plus outstanding Swingline Loans plus outstanding LOC Obligations shall not exceed FOUR the Revolving Committed Amount then in effect. For purposes hereof, the aggregate maximum amount available hereunder shall be ONE HUNDRED MILLION DOLLARS ($400,000,000100,000,000) (as such aggregate maximum amount may be increased in accordance with Section 2.7 or reduced from time to time as provided in Section 3.42.7, the "Revolving Committed Amount"); provided, furtherhowever, (A) with regard to that during the period commencing on March 1 and ending on October 1 of each Revolving Lender individuallyyear, such Revolving Lender’s Revolving Credit Exposure shall not exceed such Revolving Lender’s Revolving Commitment, and (B) the sum of the aggregate outstanding principal amount no more than $50,000,000 of Revolving Loans plus LOC Obligations plus Swingline Loans shall not exceed the Revolving Committed Amountmay be outstanding. Revolving Loans may consist of Alternate Base Rate Loans or Eurodollar LIBOR Rate Loans, or a combination thereof, as the Borrower may request; provided, however, that no more than six (6) Eurodollar Loans which are Revolving Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof. LIBOR Rate Loans shall be made by each Revolving Lender at its LIBOR Lending Office and Alternate Base Rate Loans at its Domestic Lending Office.

Appears in 1 contract

Sources: Credit Agreement (Directed Electronics, Inc.)

Revolving Commitment. Subject During the Commitment Period, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Revolving Lender severally severally, but not jointly, agrees to make available revolving credit loans ("REVOLVING LOANS") to the Borrower such Revolving Lender’s Commitment Percentage of revolving credit loans requested by the Borrower in Dollars (“Revolving Loans”) from time to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; provided, however, that the sum of the in an aggregate outstanding principal amount of Revolving Loans shall not exceed FOUR HUNDRED up to FORTY MILLION DOLLARS ($400,000,00040,000,000) (as such aggregate maximum amount may be increased in accordance with Section 2.7 or reduced from time to time as provided in Section 3.42.7, the “Revolving Committed Amount”)"AGGREGATE REVOLVING COMMITTED AMOUNT") for the purposes hereinafter set forth; providedPROVIDED, furtherHOWEVER, that (Ai) with regard to each Revolving Lender individually, the sum of such Revolving Lender’s 's Revolving Credit Exposure Commitment Percentage of outstanding Revolving Loans PLUS such Revolving Lender's Revolving Commitment Percentage of outstanding Swingline Loans PLUS such Revolving Lender's LOC Commitment Percentage of LOC Obligations shall not exceed such Lender's Revolving Lender’s Revolving Commitment, Committed Amount and (Bii) with regard to the Revolving Lenders collectively, the sum of the aggregate outstanding principal amount of Revolving Loans plus PLUS outstanding Swingline Loans PLUS LOC Obligations plus Swingline Loans shall not exceed the Aggregate Revolving Committed Amount. No Revolving Loans shall be borrowed on the Closing Date. Revolving Loans may consist of Alternate Base Rate Loans or Eurodollar LIBOR Rate Loans, or a combination thereof, as the Borrower may request; provided, however, that no more than six (6) Eurodollar Loans which are Revolving Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof; PROVIDED, HOWEVER, Revolving Loans made on any of the three Business Days following the Closing Date may only consist of Alternate Base Rate Loans unless the Borrower executes a funding indemnity letter in form and substance satisfactory to the Administrative Agent. LIBOR Rate Loans shall be made by each Revolving Lender at its LIBOR Lending Office and Alternate Base Rate Loans at its Domestic Lending Office.

Appears in 1 contract

Sources: Credit Agreement (Medvest Holdings Corp)

Revolving Commitment. Subject During the Commitment Period, subject to the terms and conditions hereof and in reliance upon hereof, the representations and warranties set forth hereinRevolving Lenders severally, each Revolving Lender severally agrees but not jointly, agree to make available to the Borrower such Revolving Lender’s Commitment Percentage of revolving credit loans requested by the Borrower in Dollars (“Revolving Loans”) to the Borrower from time to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; provided, however, that the sum of the in an aggregate outstanding principal amount of Revolving Loans shall not exceed FOUR HUNDRED MILLION DOLLARS up to $300,000,000 ($400,000,000as increased from time to time as provided in Section 2.20(a) (and as such aggregate maximum amount may be increased in accordance with Section 2.7 or reduced from time to time as provided in Section 3.42.5, the “Revolving Committed Amount”) for the purposes hereinafter set forth (such facility, the “Revolving Facility”); provided, furtherhowever, that (Ai) with regard to each Revolving Lender individually, the sum of such Revolving Lender’s Revolving Credit Exposure Commitment Percentage of the aggregate principal amount of outstanding Revolving Loans plus such Revolving Lender’s Revolving Commitment Percentage of outstanding Swingline Loans plus such Revolving Lender’s Revolving Commitment Percentage of outstanding LOC Obligations shall not exceed such Revolving Lender’s Revolving Commitment, Commitment and (Bii) with regard to the Revolving Lenders collectively, the sum of the aggregate outstanding principal amount of outstanding Revolving Loans plus outstanding Swingline Loans plus outstanding LOC Obligations plus Swingline Loans shall not exceed the Revolving Committed AmountAmount then in effect. Revolving Loans may consist of Alternate Base Rate Loans or Eurodollar LIBOR Rate Loans, or a combination thereof, as the Borrower may request; provided, however, that no more than six (6) Eurodollar Loans which are Revolving Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof. LIBOR Rate Loans shall be made by each Revolving Lender at its LIBOR Lending Office and Alternate Base Rate Loans at its Domestic Lending Office.

Appears in 1 contract

Sources: Credit Agreement (ARKO Corp.)

Revolving Commitment. Subject During the Revolving Commitment Period, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Revolving Lender severally agrees to make available revolving credit loans in Dollars ("Revolving Loans") to the Borrower such Revolving Lender’s Commitment Percentage of revolving credit loans requested by the Borrower in Dollars (“Revolving Loans”) from time to time from for the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided hereinpurposes hereinafter set forth; provided, however, that (i) with regard to each Revolving Lender individually, the sum of such Revolving Lender's Revolving Commitment Percentage of the aggregate principal amount of outstanding Revolving Loans plus outstanding Swingline Loans plus outstanding Revolving LOC Obligations shall not exceed such Revolving Lender's Revolving Commitment and (ii) with regard to the Revolving Lenders collectively, the sum of the aggregate outstanding principal amount of outstanding Revolving Loans plus outstanding Swingline Loans plus outstanding Revolving LOC Obligations shall not exceed FOUR HUNDRED the Revolving Committed Amount then in effect. For purposes hereof, the aggregate principal amount available for Revolving Loan borrowings hereunder shall be EIGHTY MILLION DOLLARS ($400,000,00080,000,000) (as such aggregate maximum amount may be increased in accordance with Section 2.7 or reduced from time to time as provided in Section 3.42.8, the "Revolving Committed Amount"); provided, further, (A) with regard to each Revolving Lender individually, such Revolving Lender’s Revolving Credit Exposure shall not exceed such Revolving Lender’s Revolving Commitment, and (B) the sum of the aggregate outstanding principal amount of Revolving Loans plus LOC Obligations plus Swingline Loans shall not exceed the Revolving Committed Amount. Revolving Loans may consist of Alternate Base Rate Loans or Eurodollar LIBOR Rate Loans, or a combination thereof, as the Borrower may request; provided, however, that no more than six (6) Eurodollar Loans which are Revolving Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof; provided, however, the Revolving Loans made on the Closing Date or on either of the two (2) Business Days immediately following the Closing Date may only consist of Alternate Base Rate Loans. LIBOR Rate Loans shall be made by each Revolving Lender at its LIBOR Lending Office and Alternate Base Rate Loans at its Domestic Lending Office.

Appears in 1 contract

Sources: Credit Agreement (Gencorp Inc)

Revolving Commitment. Subject During the Commitment Period, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Revolving Lender severally agrees to make available to the Borrower such Revolving Lender’s Commitment Percentage of revolving credit loans requested by the Borrower in Dollars (“Revolving Loans”) to the Borrowers from time to time from for the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided hereinpurposes hereinafter set forth; provided, however, that (i) with regard to each Revolving Lender individually, the sum of such Revolving Lender’s Revolving Commitment Percentage of the aggregate principal amount of outstanding Revolving Loans plus such Revolving Lender’s Revolving Commitment Percentage of outstanding Swingline Loans plus such Revolving Lender’s Revolving Commitment Percentage of outstanding LOC Obligations shall not exceed such Revolving Lender’s Revolving Commitment and (ii) with regard to the Revolving Lenders collectively, the sum of the aggregate outstanding principal amount of outstanding Revolving Loans plus outstanding Swingline Loans plus outstanding LOC Obligations shall not exceed the Revolving Committed Amount then in effect. For purposes hereof, the aggregate principal amount available hereunder for Revolving Loans shall not exceed FOUR HUNDRED be FORTY MILLION DOLLARS ($400,000,00040,000,000) (as such aggregate maximum amount may be increased in accordance with Section 2.7 or reduced from time to time as provided in Section 3.42.7, the “Revolving Committed Amount”); provided, further, (A) with regard to each Revolving Lender individually, such Revolving Lender’s Revolving Credit Exposure shall not exceed such Revolving Lender’s Revolving Commitment, and (B) the sum of the aggregate outstanding principal amount of Revolving Loans plus LOC Obligations plus Swingline Loans shall not exceed the Revolving Committed Amount. Revolving Loans may consist of Alternate Base Rate Loans or Eurodollar LIBOR Rate Loans, or a combination thereof, as the Borrower Company may request; provided, however, that no more than six (6) Eurodollar Loans which are Revolving Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof; provided, however, the Revolving Loans made on the Closing Date and three Business Days following the Closing Date may only consist of Alternate Base Rate Loans unless the Company delivers a funding indemnity letter reasonably acceptable to the Administrative Agent not less than three (3) Business Days prior to the Closing Date. LIBOR Rate Loans shall be made by each Revolving Lender at its LIBOR Lending Office and Alternate Base Rate Loans at its Domestic Lending Office.

Appears in 1 contract

Sources: First Lien Credit Agreement (GateHouse Media, Inc.)

Revolving Commitment. As Borrower desires to obtain Revolving Loans hereunder, Borrower shall give the Agent notice of Borrower's intention to borrow pursuant to the Revolving Commitments by not later than 12:00 p.m. (Cleveland, Ohio time), on the proposed Banking Day of borrowing, subject to Section 2.5 hereof with respect to LIBOR Optional Rate Advances and subject to compliance with Section 6.3 hereof. Each request once received by the Agent shall be irrevocable, subject to Section 2.5(g) hereof. Such notice may be made orally by an Authorized Officer, or upon a request transmitted to the Agent by telex, facsimile machine or other form of written electronic communication and signed by an Authorized Officer. The Agent may rely, without further inquiry, on all such requests which shall have been received by it in good faith by anyone reasonably believed to be an Authorized Officer. The Agent may require telephonic or other oral requests to be followed immediately by a written request. Each ------------------------------------------------------------------------------- CREDIT AGREEMENT PAGE 18 request shall in and of itself constitute a representation and warranty on behalf of Borrower that no Default or Unmatured Default has occurred and is continuing or would result from the making of the requested Advance and that the requested Advance shall not cause the principal balance of the Revolving Loans to exceed the aggregate Revolving Commitments. The Agent shall notify the Lenders of Borrower's intent to borrow by 2:00 p.m. (Cleveland, Ohio time) on the proposed Banking Day of borrowing. Subject to the terms and conditions hereof and in reliance upon limitations of Section 2.1 hereof, the representations and warranties set forth hereinprincipal amount of each Revolving Loan made by each Lender shall be that portion of the aggregate loans made that the Revolving Commitment of such Lender bears to the aggregate of the Revolving Commitments of the Lenders. By 3:00 p.m. (Cleveland, Ohio time) on each such borrowing date, each Revolving Lender severally agrees to make its portion of the Revolving Loan then being made to Borrower by making available to the Agent, either by wire transfer to the Agent's main office in Indianapolis, Indiana, or by deposit to any correspondent account which Agent may maintain with that Lender, the amount to be advanced by such Lender. Borrower hereby authorizes the disbursement of each such Revolving Lender’s Commitment Percentage Loan (other than Revolving Loans made by payment of revolving Letters of Credit and other than Mandatory Fundings) by deposit to the account of Borrower with National City, and National City, as Agent, shall, by 3:30 p.m. (Cleveland, Ohio time) on the date received, credit loans requested by the amount so received from each Lender to the account of Borrower in Dollars (“Revolving Loans”) from time to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; provided, however, that the sum of the with National City. The aggregate outstanding principal amount of Revolving Loans (other than Revolving Loans made by payment of Letters of Credit and other than Mandatory Fundings) made on any borrowing date shall not exceed FOUR HUNDRED MILLION DOLLARS be a minimum of Five Hundred Thousand Dollars ($400,000,000500,000) and in integral multiples of One Hundred Thousand Dollars (as such aggregate maximum amount may $100,000). Notwithstanding the foregoing, Mandatory Fundings under the Revolving Loans shall be increased made in accordance with Section 2.7 or reduced from time 2.1(b) hereof with respect to time as provided in Section 3.4, the “Revolving Committed Amount”); provided, further, (A) with regard to each Revolving Lender individually, such Revolving Lender’s Revolving Credit Exposure shall not exceed such Revolving Lender’s Revolving Commitment, and (B) the sum repayment of the aggregate outstanding principal amount of Revolving Loans plus LOC Obligations plus Swingline Loans shall not exceed the Revolving Committed Amount. Revolving Loans may consist of Base Rate Loans or Eurodollar Swing Line Loans, or a combination thereof, as the Borrower may request; provided, however, that no more than six (6) Eurodollar Loans which are Revolving Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof.

Appears in 1 contract

Sources: Credit Agreement (Chromcraft Revington Inc)

Revolving Commitment. Subject During the Commitment Period, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Revolving Lender severally severally, but not jointly, agrees to make available to the Borrower such Revolving Lender’s Commitment Percentage of revolving credit loans requested by the Borrower in Dollars (“Revolving Loans”) to the Borrower from time to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; provided, however, that the sum of the in an aggregate outstanding principal amount of Revolving Loans shall not exceed FOUR HUNDRED up to TWENTY MILLION DOLLARS ($400,000,00020,000,000) (as increased from time to time as provided in Section 2.22 and as such aggregate maximum amount may be increased in accordance with Section 2.7 or reduced from time to time as provided in Section 3.42.6, the “Revolving Committed Amount”) for the purposes hereinafter set forth (such facility, the “Revolving Facility”); provided, furtherhowever, that (Ai) with regard to each Revolving Lender individually, the sum of such Revolving Lender’s Revolving Credit Exposure Commitment Percentage of the aggregate principal amount of outstanding Revolving Loans plus such Revolving Lender’s Revolving Commitment Percentage of outstanding LOC Obligations shall not exceed such Revolving Lender’s Revolving Commitment, Commitment and (Bii) with regard to the Revolving Lenders collectively, the sum of the aggregate outstanding principal amount of outstanding Revolving Loans plus outstanding LOC Obligations plus Swingline Loans shall not exceed the Revolving Committed AmountAmount then in effect. Revolving Loans may consist of Alternate Base Rate Loans or Eurodollar LIBOR Rate Loans, or a combination thereof, as the Borrower may request; provided, however, that no more than six (6) Eurodollar Loans which are Revolving Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof; provided, however, the Revolving Loans made on the Closing Date or any of the three (3) Business Days following the Closing Date, may only consist of Alternate Base Rate Loans unless the Borrower delivers a funding indemnity letter, substantially in the form of Exhibit 2.1(a), reasonably acceptable to the Administrative Agent not less than three (3) Business Days prior to the Closing Date. LIBOR Rate Loans shall be made by each Revolving Lender at its LIBOR Lending Office and Alternate Base Rate Loans at its Domestic Lending Office.

Appears in 1 contract

Sources: Credit Agreement (Carrols Restaurant Group, Inc.)

Revolving Commitment. Subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth herein, each Revolving Lender severally agrees to make available to the Borrower such Revolving Lender’s Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("Revolving Loans") to the Borrowers from time to time from the Closing Date until the Maturity Termination Date, or such earlier date as the Revolving Commitments shall have been terminated as provided hereinherein for the purposes hereinafter set forth; provided, however, that the sum of the aggregate outstanding principal amount of outstanding Revolving Loans shall not exceed FOUR the Revolving Committed Amount and; provided, further, (i) with regard to each Lender individually, such Lender's share of outstanding Loans shall not exceed such Lender's Revolving Commitment Percentage of the Revolving Committed Amount, (ii) with regard to the Lenders collectively, the aggregate principal amount of outstanding Obligations shall not exceed TWO HUNDRED FIFTY MILLION DOLLARS ($400,000,000250,000,000) (as such aggregate maximum amount may be increased in accordance with Section 2.7 or reduced from time to time as provided in Section 3.4, the "Revolving Committed Amount”); provided, further, ") and (Aiii) with regard to each Revolving Lender individuallythe Lenders collectively, such Revolving Lender’s Revolving Credit Exposure shall not exceed such Revolving Lender’s Revolving Commitment, and (B) the sum of the aggregate outstanding principal amount of Revolving Loans plus LOC the Obligations plus Swingline Loans shall not exceed the Revolving Committed Amount. Revolving Loans may consist of Base Rate Loans or Eurodollar Loans, or a combination thereof, as the Borrower Borrowers may request, and may be repaid and reborrowed in accordance with the provisions hereof; provided, however, that no more than six (6) Eurodollar Loans which are Revolving Loans shall be outstanding hereunder at any time (it being understood that, for time. For purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same datedate and have the same duration, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof.

Appears in 1 contract

Sources: Credit Agreement (Inex Corp)

Revolving Commitment. Subject During the Commitment Period, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Revolving Lender severally severally, but not jointly, agrees to make available to the Borrower such Revolving Lender’s Commitment Percentage of revolving credit loans requested by the Borrower in Dollars (“Revolving Loans”) (i) in Dollars and in Foreign Currencies to the Company (“Company Revolving Loans”) and (ii) in Foreign Currencies to the Foreign Borrowers (“Foreign Borrower Revolving Loans”), in each case from time to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; provided, however, that the sum of the in an aggregate outstanding principal amount of Revolving Loans shall not exceed FOUR up to FIVE HUNDRED MILLION DOLLARS ($400,000,000500,000,000) (as increased from time to time as provided in Section 2.22 and as such aggregate maximum amount may be increased in accordance with Section 2.7 or reduced from time to time as provided in Section 3.42.6, the “Revolving Committed Amount”) for the purposes hereinafter set forth (such facility, the “Revolving Facility”); provided, furtherhowever, that (A) with regard to each Revolving Lender individually, the sum of such Revolving Lender’s Commitment Percentage of the aggregate principal amount of outstanding Revolving Loans plus such Revolving Lender’s Commitment Percentage of outstanding Swingline Loans plus such Revolving Lender’s Commitment Percentage of outstanding LOC Obligations plus such Lender’s Revolving Credit Exposure Commitment Percentage of the Foreign Currency Reserve shall not exceed such Revolving Lender’s Revolving Commitment, and (B) with regard to the Revolving Lenders collectively, the sum of the aggregate outstanding principal amount of outstanding Revolving Loans plus outstanding Swingline Loans plus outstanding LOC Obligations plus Swingline Loans the Foreign Currency Reserve shall not exceed the Revolving Committed AmountAmount then in effect. Revolving Loans may consist of Alternate Base Rate Loans, LIBOR Market Index Rate Loans or Eurodollar LIBOR Rate Loans, or a combination thereof, as the Borrower Company may request; provided, however, that no more than six (6) Eurodollar Loans which are request and Revolving Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar denominated in a Foreign Currency may consist of only LIBOR Rate Loans with different Interest Periods shall be considered as separate Eurodollar or LIBOR Market Index Rate Loans, even if they begin on the same dateand in each case, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof; provided, however, that during the three (3) Business Day period commencing on the Seventh Amendment Effective Date, the Foreign Borrowers may only borrow Revolving Loans to the extent the Foreign Borrower requesting such Revolving Loan has delivered a funding indemnity letter, substantially in the form of Exhibit 2.1(a), reasonably acceptable to the Administrative Agent not less than three (3) Business Days prior to the Seventh Amendment Effective Date. LIBOR Rate Loans and LIBOR Market Index Rate Loans shall be made by each Revolving Lender at its LIBOR Lending Office and Alternate Base Rate Loans at its Domestic Lending Office. No Foreign Borrower shall constitute a Borrower under the Company Revolving Loans and the Company shall not constitute a Borrower under the Foreign Borrower Revolving Loans. Notwithstanding any provision in the Credit Documents to the contrary, (a) no Foreign Borrower shall be liable for Loans made to or other Obligations of any other Foreign Borrower, either as a Guarantor or pursuant to joint and several liability as a co-Foreign Borrower, (b) no Foreign Borrower shall be liable for Loans made to the Company or other Obligations of the Company other than Obligations of the Company with respect to Loans made to such Foreign Borrower and (c) no collateral owned by any Foreign Borrower shall secure any Obligations other than the Obligations of such Foreign Borrower.

Appears in 1 contract

Sources: Credit Agreement (Esterline Technologies Corp)

Revolving Commitment. Subject to the terms and conditions hereof of the Credit Agreement and in reliance upon the representations and warranties set forth hereinin the Credit Agreement, each Revolving Lender severally agrees to make available to the Borrower ▇▇▇▇ such Revolving Lender’s 's Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("Revolving Loans") from time to time from the Closing Date until the Maturity Termination Date, or such earlier date as the Revolving Commitments shall have been terminated as provided hereinin the Credit Agreement for the purposes hereinafter set forth; providedprovided further, however, that the sum of the aggregate outstanding principal amount of outstanding Revolving Loans shall not exceed FOUR HUNDRED FIFTY MILLION DOLLARS ($400,000,00050,000,000) (as such aggregate maximum amount may be increased in accordance with Section 2.7 or reduced from time to time as provided in Section 3.4, the "Revolving Committed Amount"); provided, further, (Ai) with regard to each Revolving Lender individually, such Lender's outstanding Revolving Lender’s Revolving Credit Exposure Loans shall not exceed such Lender's Commitment Percentage of the Revolving Lender’s Revolving CommitmentCommitted Amount, and (Bii) with regard to the sum Lenders collectively, the aggregate principal amount of outstanding Revolving Loans plus Domestic LOC Obligations outstanding plus the aggregate principal amount of outstanding Competitive Loans plus the aggregate principal amount of outstanding Swingline Loans plus the Dollar Amount (as determined as of the most recent Determination Date) of the aggregate outstanding principal amount of Revolving outstanding Foreign Currency Loans plus the Dollar Amount (as determined as of the most recent Determination Date) of Foreign LOC Obligations plus Swingline Loans outstanding shall not exceed the Revolving Committed Amount. Revolving Loans may consist of Base Rate Loans or Eurodollar Loans, or a combination thereof, as the Borrower ▇▇▇▇ may request, and may be repaid and reborrowed in accordance with the provisions of the Credit Agreement; provided, however, that no more than six (6) 12 separate Eurodollar Loans which are Revolving Loans shall be outstanding hereunder at any time (it being understood that, for time. For purposes hereofof the Credit Agreement, Eurodollar Loans with different Interest Periods and/or in different currencies shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereofof the Credit Agreement, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid Period and reborrowed in accordance with the provisions hereofsame currency.

Appears in 1 contract

Sources: Credit Agreement (Hunt Corp)

Revolving Commitment. Subject During the Commitment Period, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Revolving Lender severally severally, but not jointly, agrees to make available to the Borrower such Revolving Lender’s Commitment Percentage of revolving credit loans requested by the Borrower in Dollars (“Revolving Loans”) to the Borrower from time to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; provided, however, that the sum of the in an aggregate outstanding principal amount of Revolving Loans shall not exceed up to FOUR HUNDRED FIFTY MILLION DOLLARS ($400,000,000450,000,000) (as increased from time to time as provided in Section 2.22(a) and as such aggregate maximum amount may be increased in accordance with Section 2.7 or reduced from time to time as provided in Section 3.42.6, the “Revolving Committed Amount”) for the purposes hereinafter set forth (such facility, the “Revolving Facility”); provided, furtherhowever, that (Ai) with regard to each Revolving Lender individually, the sum of such Revolving Lender’s Revolving Credit Exposure Commitment Percentage of the aggregate principal amount of outstanding Revolving Loans plus such Revolving Lender’s Revolving Commitment Percentage of outstanding Swingline Loans plus such Revolving Lender’s Revolving Commitment Percentage of outstanding LOC Obligations shall not exceed such Revolving Lender’s Revolving Commitment, Commitment and (Bii) with regard to the Revolving Lenders collectively, the sum of the aggregate outstanding principal amount of outstanding Revolving Loans plus outstanding Swingline Loans plus outstanding LOC Obligations plus Swingline Loans shall not exceed the Revolving Committed AmountAmount then in effect. Revolving Loans may consist of Alternate Base Rate Loans or Eurodollar LIBOR Rate Loans, or a combination thereof, as the Borrower may request; provided, however, that no more than six (6) Eurodollar Loans which are Revolving Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof; provided, however, the Revolving Loans made on the Closing Date or any of the three (3) Business Days following the Closing Date, may only consist of Alternate Base Rate Loans unless the Borrower delivers a funding indemnity letter, substantially in the form of Exhibit 2.1(a), reasonably acceptable to the Administrative Agent not less than three (3) Business Days prior to the Closing Date. LIBOR Rate Loans shall be made by each Revolving Lender at its LIBOR Lending Office and Alternate Base Rate Loans at its Domestic Lending Office.

Appears in 1 contract

Sources: Credit Agreement (Lehigh Gas Partners LP)

Revolving Commitment. Subject During the Commitment Period, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Revolving Lender severally agrees to make available to the Borrower such Revolving Lender’s Commitment Percentage of revolving credit loans requested by the Borrower in Dollars (“Revolving Loans”) to the Borrower from time to time from for the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided hereinpurposes hereinafter set forth; provided, however, that (i) with regard to each Revolving Lender individually, the sum of such Revolving Lender’s share of outstanding Revolving Loans plus such Revolving Lender’s Revolving Commitment Percentage of outstanding Swingline Loans plus such Revolving Lender’s Revolving Commitment Percentage of outstanding LOC Obligations (after giving effect to the concurrent reduction, if any, in outstanding Swingline Loans and/or outstanding LOC Obligations to be effected by application of the proceeds of Revolving Loans) shall not exceed such Revolving Lender’s Revolving Commitment Percentage of the Revolving Committed Amount and (ii) with regard to the Revolving Lenders collectively, the sum of the aggregate outstanding principal amount of outstanding Revolving Loans plus outstanding Swingline Loans plus outstanding LOC Obligations (after giving effect to the concurrent reduction, if any, in outstanding Swingline Loans and/or outstanding LOC Obligations to be effected by application of the proceeds of Revolving Loans) shall not exceed FOUR the Revolving Committed Amount then in effect. For purposes hereof, the aggregate amount available hereunder shall be ONE Table of Contents HUNDRED TWENTY-FIVE MILLION DOLLARS ($400,000,000125,000,000) (as such aggregate maximum amount may be increased in accordance with Section 2.7 or reduced from time to time as provided in Section 3.42.7, the “Revolving Committed Amount”); provided, further, (A) with regard to each Revolving Lender individually, such Revolving Lender’s Revolving Credit Exposure shall not exceed such Revolving Lender’s Revolving Commitment, and (B) the sum of the aggregate outstanding principal amount of Revolving Loans plus LOC Obligations plus Swingline Loans shall not exceed the Revolving Committed Amount. Revolving Loans may consist of Alternate Base Rate Loans or Eurodollar LIBOR Rate Loans, or a combination thereof, as the Borrower may request; provided, however, that no more than six (6) Eurodollar Loans which are Revolving Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof; provided, however, the Revolving Loans made on the Closing Date and on the two Business Days immediately following the Closing Date shall bear interest at the Alternate Base Rate. LIBOR Rate Loans shall be made by each Revolving Lender at its LIBOR Lending Office and Alternate Base Rate Loans at its Domestic Lending Office.

Appears in 1 contract

Sources: Credit Agreement (Nci Building Systems Inc)

Revolving Commitment. Subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth herein, each Revolving Lender severally agrees to make available to the Borrower such Lender's Revolving Lender’s Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("Revolving Loans") from time to time from the Closing Amendment No. 4 Effective Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided hereinherein for the purposes hereinafter set forth; provided, however, that the sum of the aggregate outstanding principal amount of outstanding Revolving Loans shall not exceed FOUR HUNDRED TWENTY-FIVE MILLION DOLLARS ($400,000,00025,000,000) (as such aggregate maximum amount may be increased in accordance with Section 2.7 or reduced from time to time as provided in Section 3.4, the "Revolving Committed Amount"); provided, further, (A) with regard to each Revolving Lender individually, such Lender's outstanding Revolving Lender’s Revolving Credit Exposure Loans shall not exceed such Lender's Revolving Lender’s Commitment Percentage of the Revolving CommitmentCommitted Amount, and (B) the sum of the aggregate outstanding principal amount of outstanding Revolving Loans plus LOC Obligations plus Swingline Loans outstanding shall not exceed the Revolving Committed Amount. Revolving Loans may consist of Base Rate Loans or Eurodollar Loans, or a combination thereof, as the Borrower may request; provided, however, that no more than six (6) 16 Eurodollar Loans which are Revolving Loans shall be outstanding hereunder at any time (it being understood that, for time. For purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof.

Appears in 1 contract

Sources: Credit Agreement (Insight Health Services Corp)

Revolving Commitment. Subject During the Commitment Period, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Revolving Lender severally agrees to make available revolving credit loans in Dollars ("Revolving Loans") to the Borrower such Revolving Lender’s Commitment Percentage of revolving credit loans requested by the Borrower in Dollars (“Revolving Loans”) from time to time from for the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided hereinpurposes hereinafter set forth; provided, however, that (i) with regard to each Revolving Lender individually, the sum of such Revolving Lender's Revolving Commitment Percentage of the aggregate principal amount of outstanding Revolving Loans plus such Revolving Lender's Revolving Commitment Percentage of outstanding Swingline Loans plus such Revolving Lender's Revolving Commitment Percentage of outstanding LOC Obligations shall not exceed such Revolving Lender's Revolving Commitment and (ii) with regard to the Revolving Lenders collectively, the sum of the aggregate outstanding principal amount of outstanding Revolving Loans plus outstanding Swingline Loans plus outstanding LOC Obligations shall not exceed the Revolving Committed Amount then in effect. For purposes hereof, the aggregate principal amount available hereunder for Revolving Loans shall not exceed FOUR HUNDRED be TWENTY MILLION DOLLARS ($400,000,00020,000,000) (as such aggregate maximum amount may be increased in accordance with Section 2.7 or reduced from time to time as provided in Section 3.42.6, or as increased pursuant to Section 2.4, the "Revolving Committed Amount"); provided, further, (A) with regard to each Revolving Lender individually, such Revolving Lender’s Revolving Credit Exposure shall not exceed such Revolving Lender’s Revolving Commitment, and (B) the sum of the aggregate outstanding principal amount of Revolving Loans plus LOC Obligations plus Swingline Loans shall not exceed the Revolving Committed Amount. Revolving Loans may consist of Alternate Base Rate Loans or Eurodollar LIBOR Rate Loans, or a combination thereof, as the Borrower may request; provided, however, that no more than six (6) Eurodollar Loans which are Revolving Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof; provided, however, the Revolving Loans made on the Closing Date may only consist of Alternate Base Rate Loans unless the Borrower delivers a funding indemnity letter reasonably acceptable to the Administrative Agent not less than three (3) Business Days prior to the Closing Date. LIBOR Rate Loans shall be made by each Revolving Lender at its LIBOR Lending Office and Alternate Base Rate Loans at its Domestic Lending Office.

Appears in 1 contract

Sources: Credit Agreement (American Pacific Corp)

Revolving Commitment. Subject During the Commitment Period, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Revolving Lender severally severally, but not jointly, agrees to make available to the Borrower such Revolving Lender’s Commitment Percentage of revolving credit loans requested by the Borrower in Dollars (“Revolving Loans”) to the Borrowers from time to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; provided, however, that the sum in an aggregate principal amount of up to TWO HUNDRED FIFTY MILLION DOLLARS ($250,000,000) less the aggregate outstanding principal amount balance of Revolving all Term Loans shall not exceed FOUR HUNDRED MILLION DOLLARS ($400,000,000) (as such aggregate maximum amount may be increased in accordance with Section 2.7 or reduced from time to time as provided in Section 3.42.4, the “Revolving Committed Amount”)) for the purposes hereinafter set forth; provided, furtherhowever, that (Ai) with regard to each Revolving Lender individually, the sum of such Revolving Lender’s Revolving Credit Exposure Commitment Percentage of the aggregate principal amount of outstanding Revolving Loans shall not exceed such Revolving Lender’s Revolving Commitment, Commitment and (Bii) with regard to the Revolving Lenders collectively, the sum of the aggregate outstanding principal amount of outstanding Revolving Loans plus LOC Obligations plus Swingline Loans shall not exceed the Revolving Committed AmountAmount then in effect. No Revolving Loan shall be made by any Revolving Lender if (i) such Revolving Loan and the Revolving Loan Collateral therefor are not approved by the Administrative Agent in its discretion, (ii) before or after giving effect to such Revolving Loan, the Availability is or would be negative, (iii) the conditions to Extensions of Credit in Section 4.2 are not satisfied or (iv) the aggregate outstanding principal balance of all Term Loans is equal to or greater than $200,000,000. Revolving Loans may consist of Alternate Base Rate Loans or Eurodollar LIBOR Rate Loans, or a combination thereof, as the Borrower Borrowers may request; provided, however, that no more than six (6) Eurodollar Loans which are Revolving Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof; provided, however, the Revolving Loans made on the Closing Date or any of the three (3) Business Days following the Closing Date, may only consist of Alternate Base Rate Loans unless the Borrowers deliver a funding indemnity letter, substantially in the form of Exhibit 2.1(a), reasonably acceptable to the Administrative Agent not less than three (3) Business Days prior to the Closing Date. LIBOR Rate Loans shall be made by each Revolving Lender at its LIBOR Lending Office and Alternate Base Rate Loans at its Domestic Lending Office.

Appears in 1 contract

Sources: Credit Agreement (CapLease, Inc.)

Revolving Commitment. Subject During the Commitment Period, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Revolving Lender severally severally, but not jointly, agrees to make available to the Borrower such Revolving Lender’s Commitment Percentage of revolving credit loans requested by the Borrower in Dollars (“Revolving Loans”) to the Borrowers from time to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; provided, however, that the sum of the in an aggregate outstanding principal amount of up to such Revolving Loans shall not exceed FOUR Lender’s Revolving Commitment Percentage of ONE HUNDRED AND FORTY MILLION DOLLARS ($400,000,000140,000,000) (as increased from time to time as provided in Section 2.5 and as such aggregate maximum amount may be increased in accordance with Section 2.7 or reduced from time to time as provided in Section 3.42.7, the “Revolving Committed Amount”)) for the purposes hereinafter set forth; provided, furtherhowever, that (Ai) with regard to each Revolving Lender individually, the sum of such Revolving Lender’s share of outstanding Revolving Loans plus such Revolving Lender’s Revolving Credit Exposure Commitment Percentage of outstanding Swingline Loans plus such Revolving Lender’s Revolving Commitment Percentage of outstanding LOC Obligations shall not exceed such Revolving Lender’s Revolving Commitment, and (Bii) with regard to the Lenders collectively, the sum of the aggregate outstanding principal amount of Revolving Loans plus outstanding Swingline Loans plus outstanding LOC Obligations plus Swingline Loans shall not exceed the Revolving Committed Amount. Revolving Loans may consist of Alternate Base Rate Loans or Eurodollar LIBOR Rate Loans, or a combination thereof, as the Parent Borrower may request; provided, however, that no more than six (6) Eurodollar Loans which are Revolving Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof; provided, however, Revolving Loans made on the Closing Date or on any of the three Business Days following the Closing Date may only consist of Alternate Base Rate Loans unless the Parent Borrower requests such Revolving Loans be made as LIBOR Rate Loans in writing on the third Business Day prior to the Closing Date and delivers a funding indemnity letter acceptable to the Administrative Agent on or prior to such third Business Day. LIBOR Rate Loans shall be made by each Revolving Lender at its LIBOR Lending Office and Alternate Base Rate Loans at its Domestic Lending Office.

Appears in 1 contract

Sources: Credit Agreement (Si International Inc)

Revolving Commitment. Subject During the Commitment Period, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Revolving Lender severally agrees to make available to the Borrower such Revolving Lender’s Commitment Percentage of revolving credit loans requested by the Borrower in Dollars (“Revolving Loans”) to the Borrower from time to time from for the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided hereinpurposes hereinafter set forth; provided, however, that (i) with regard to each Lender individually, the sum of such Lender’s share of outstanding Revolving Loans plus such Lender’s LOC Commitment Percentage of LOC Obligations shall not exceed such Lender’s Revolving Commitment Percentage of the aggregate Revolving Committed Amount, and (ii) with regard to the Lenders collectively, the sum of the aggregate outstanding principal amount of outstanding Revolving Loans plus LOC Obligations shall not exceed FOUR the aggregate Revolving Committed Amount then in effect. For purposes hereof, the, aggregate amount available hereunder shall be THIRTEEN MILLION FIVE HUNDRED MILLION THOUSAND DOLLARS ($400,000,00013,500,000) (as such aggregate maximum amount may be increased in accordance with Section 2.7 or reduced from time to time as provided in Section 3.42.4 including, without limitation, scheduled mandatory reductions and the maintenance of Reserves, the “Revolving Committed Amount”); provided, further, (A) with regard to each Revolving Lender individually, such Revolving Lender’s Revolving Credit Exposure shall not exceed such Revolving Lender’s Revolving Commitment, and (B) the sum of the aggregate outstanding principal amount of Revolving Loans plus LOC Obligations plus Swingline Loans shall not exceed the Revolving Committed Amount. Revolving Loans may consist of Base Floating LIBOR Rate Loans or Eurodollar Fixed LIBOR Rate Loans, or a combination thereof, as the Borrower may request; provided, however, that no more than six (6) Eurodollar Loans which are Revolving Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof; provided, however, the Revolving Loans made on the Closing Date or on either of the two Business Days immediately following the Closing Date may only consist of Floating LIBOR Rate Loans. Fixed LIBOR Rate Loans shall be made by each Lender at its LIBOR Lending Office and Floating LIBOR Rate Loans at its Domestic Lending Office.

Appears in 1 contract

Sources: Credit Agreement (Sunair Services Corp)

Revolving Commitment. Subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth herein, each Revolving Lender severally agrees to make available to the Borrower such Lender's Revolving Lender’s Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("Revolving Loans") from time to time from the Closing Effective Date until the Maturity Termination Date, or such earlier date as the Revolving Commitments shall have been terminated as provided hereinherein for the purposes hereinafter set forth; provided, however, that the sum of the aggregate outstanding principal amount of outstanding Revolving Loans shall not exceed FOUR HUNDRED the lesser of (a) THIRTY FIVE MILLION DOLLARS ($400,000,00035,000,000.00) (as such aggregate maximum amount may be increased in accordance with Section 2.7 or reduced from time to time as provided in Section 3.43.4(a), the "Revolving Committed Amount”)") and (b) the Borrowing Base; provided, further, (Ai) with regard to each Revolving Lender individually, such Lender's outstanding Revolving Lender’s Revolving Credit Exposure Loans shall not exceed such Lender's Revolving Lender’s Commitment Percentage of the Revolving CommitmentCommitted Amount, and (ii) with regard to the Lenders collectively, the aggregate principal amount of outstanding Revolving Loans plus the Dollar Amount (as determined as of the most recent Determination Date) of the aggregate principal amount of outstanding Foreign Currency Loans plus the aggregate principal amount of outstanding Swingline Loans plus LOC Obligations outstanding shall not exceed the lesser of (A) the Revolving Committed Amount and (B) the sum of the aggregate outstanding principal amount of Revolving Loans plus LOC Obligations plus Swingline Loans shall not exceed the Revolving Committed AmountBorrowing Base. Revolving Loans may consist of Base Rate Loans or Eurodollar Loans, or a combination thereof, as the Borrower may request, and may be repaid and reborrowed in accordance with the provisions hereof; provided, however, that (x) during the Initial Interest Rate Period, all Eurodollar Loans shall have an Interest Period of one (1) month and (y) no more than six (6) 10 Eurodollar Loans which are Revolving Loans shall be outstanding hereunder at any time (it being understood that, for time. For purposes hereof, Eurodollar Loans with different Interest Periods and/or in different currencies shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period)Period and in the same currency. Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof.

Appears in 1 contract

Sources: Credit Agreement (Genicom Corp)

Revolving Commitment. Subject During the Commitment Period, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Revolving Lender severally agrees to make available to the Borrower such Revolving Lender’s Commitment Percentage of revolving credit loans requested by the Borrower in Dollars (“Revolving Loans”) to the Borrower from time to time from for the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided hereinpurposes hereinafter set forth; provided, however, that (i) with regard to each Lender individually, the sum of such Lender’s outstanding Revolving Loans plus such Lender’s LOC Commitment Percentage of LOC Obligations shall not exceed such Lender’s Revolving Commitment Percentage of the Revolving Committed Amount and (ii) with regard to the Lenders collectively, the sum of the aggregate amount of outstanding Revolving Loans plus LOC Obligations shall not exceed the Revolving Committed Amount. For purposes hereof, the aggregate principal amount of Revolving Loans plus LOC Obligations that may be outstanding at any time under this Section 2.1(a) shall not exceed FOUR THREE HUNDRED FIFTY MILLION DOLLARS ($400,000,000350,000,000) (as such aggregate maximum amount may be increased in accordance with Section 2.7 or reduced from time to time as provided in Section 3.42.4 or 2.21, the “Revolving Committed Amount”); provided, further, (A) with regard to each Revolving Lender individually, such Revolving Lender’s Revolving Credit Exposure shall not exceed such Revolving Lender’s Revolving Commitment, and (B) the sum of the aggregate outstanding principal amount of Revolving Loans plus LOC Obligations plus Swingline Loans shall not exceed the Revolving Committed Amount. Revolving Loans may consist of Alternate Base Rate Loans, LIBOR Rate Loans or Eurodollar LIBOR Market Index Rate Loans, or a combination thereof, as the Borrower may request; provided, however, that no more than six (6) Eurodollar Loans which are Revolving Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof. LIBOR Rate Loans shall be made by each Lender at its LIBOR Lending Office and Alternate Base Rate Loans and LIBOR Market Index Rate Loans at its Domestic Lending Office.

Appears in 1 contract

Sources: Credit Agreement (Ruddick Corp)