Common use of Revolving Credit Clause in Contracts

Revolving Credit. From time to time prior to November 3, 2002 or the earlier termination in full of the Commitments (in either case the "Termination Date"), the Company may obtain loans from each of the Banks ("Revolving Credit Loans"), pro rata according to each Bank's Percentage Interest, up to an aggregate principal amount equal to the amount by which (i) $75,000,000 (the "Aggregate Revolver Commitment" and as to each Bank's respective Percentage Interest thereof, its "Revolver Commitment"), as terminated or reduced pursuant to section 1.8, exceeds (ii) the sum of (A) the aggregate amount of Letter of Credit Obligations, and (B) the aggregate amount of outstanding Swingline Loans (as defined in Section 1.3 below). The Revolver Commitment and Percentage Interest of each Bank therein is set forth in Appendix A hereto. The failure of any one or more of the Banks to lend in accordance with its Revolver Commitment shall not relieve the other Banks of their several obligations hereunder, but no Bank shall be liable in respect to the obligation of any other Bank hereunder or be obligated in any event to lend in excess of its Revolver Commitment. Subject to all of the terms and conditions hereof the Company may repay such Loans and reborrow hereunder from time to time prior to the Termination Date. Each Revolving Credit Loan shall be in a minimum amount of $1,000,000 or any multiple of $100,000 in excess of such amount (except that any Adjusted LIBOR Rate Loan shall be in a minimum amount of $5,000,000 or any multiple of $250,000 in excess of such amount). Revolving Credit Loans from each Bank shall be evidenced by a single promissory note of the Company (each a "Revolving Credit Note", and collectively with the Term Notes (as defined in section 1.2 below) and the Swingline Note (as defined in Section 1.3 below), sometimes called the "Notes") in the form of Exhibit 1.1 annexed hereto, payable to the order of the lending Bank. Outstanding Revolving Credit Loans and Swingline Loans shall be reduced to zero dollars ($0) at least for sixty (60) consecutive days each calendar year. Effective on the date of this Agreement, the Commitments of the Banks party to the Credit Agreement dated June 24, 1994, as amended (the "1994 Credit Agreement"), among the Company, such Banks and Firstar Bank, N.A., as agent for such Banks, shall automatically terminate without further action on the part of the Company or any of such Banks.

Appears in 2 contracts

Samples: Credit Agreement (Oshkosh B Gosh Inc), Credit Agreement (Oshkosh B Gosh Inc)

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Revolving Credit. From The Bank agrees on the terms and conditions hereinafter set forth, to make loans (the “Loans”) to the Borrower from time to time prior to November 3during the period from the Effective Date of this Agreement up to, 2002 or the earlier termination in full of the Commitments (in either case the "Termination Date")but not including, the Company may obtain loans from each of the Banks ("Revolving Credit Loans"), pro rata according to each Bank's Percentage Interest, up to Loan Termination Date in an aggregate principal amount equal not to exceed at any time outstanding Seven Million Five Hundred Thousand and No/100ths Dollars ($7,500,000.00) (the “Commitment”) upon delivery by the Borrower to the amount by which (i) $75,000,000 (Bank of a telephonic or written borrowing request relating thereto in a form reasonably acceptable to the "Aggregate Revolver Commitment" and as to each Bank's respective Percentage Interest thereof, its "Revolver Commitment"), as terminated or reduced Bank pursuant to section 1.8, exceeds (ii) the sum of (A) the aggregate amount of Letter of Credit Obligations, and (B) the aggregate amount of outstanding Swingline Loans (as defined in Section 1.3 below). The Revolver Commitment and Percentage Interest of each Bank therein is set forth in Appendix A hereto. The failure of any one or more of the Banks to lend in accordance with its Revolver Commitment shall not relieve the other Banks of their several obligations hereunder, but no Bank shall be liable in respect to the obligation of any other Bank hereunder or be obligated in any event to lend in excess of its Revolver Commitment. Subject to all of the terms and conditions hereof provisions of this Agreement. Within the Company limits of the Commitment, the Borrower may repay such Loans borrow, prepay and reborrow under this Section 2.01. The Bank’s obligation to make Loans hereunder from time to time prior shall be subject to the Termination DateBorrower’s satisfaction of the Conditions Precedent. Each It is the intention of the parties that the outstanding balance of the Revolving Credit Note shall not exceed the Commitment, and if at any time said balance exceeds the Commitment, the Borrower shall forthwith pay the Bank sufficient funds to reduce the balance of the Revolving Note until it is in compliance with this requirement. The Borrower may elect to terminate the Revolving Note at any time, without penalty, upon written notice to the Bank. In the event the Borrower so elects to terminate the Revolving Note, the aggregate principal amount of the Revolving Note outstanding, together with any accrued and unpaid interest thereon, as well as any other amounts due the Bank pursuant to any of the other Loan Documents, shall be in a minimum amount of $1,000,000 or any multiple of $100,000 in excess of such amount (except that any Adjusted LIBOR Rate Loan shall be in a minimum amount of $5,000,000 or any multiple of $250,000 in excess of such amount). Revolving Credit Loans from each Bank shall be evidenced by a single promissory note of the Company (each a "Revolving Credit Note", due and collectively with the Term Notes (as defined in section 1.2 below) and the Swingline Note (as defined in Section 1.3 below), sometimes called the "Notes") in the form of Exhibit 1.1 annexed hereto, payable to the order of the lending Bank. Outstanding Revolving Credit Loans and Swingline Loans shall be reduced to zero dollars ($0) at least for sixty (60) consecutive days each calendar year. Effective Bank on the date of such election, if not sooner paid and the Revolving Note shall be deemed for all purposes terminated and the Bank shall have no further or additional obligation to loan funds to the Borrower pursuant to the terms and provisions of this Agreement, the Commitments of the Banks party to the Credit Agreement dated June 24, 1994, as amended (the "1994 Credit Agreement"), among the Company, such Banks and Firstar Bank, N.A., as agent for such Banks, shall automatically terminate without further action on the part of the Company or any of such Banks.

Appears in 1 contract

Samples: Revolving Credit Agreement (Landmark Bancorp Inc)

Revolving Credit. From Subject to the terms and conditions hereof, the Bank agrees to extend a revolving credit (the "Revolving Credit") to the Borrowers which may be availed of by each Borrower from time to time prior during the period from and including the date hereof to November 3but not including the Termination Date, 2002 or at which time the earlier termination in full commitment of the Commitments Bank to extend credit under the Revolving Credit shall expire. The Revolving Credit may be utilized by each Borrower in the form of loans (in either case individually a "Loan" and collectively the "Termination Date"), the Company may obtain loans from each of the Banks ("Revolving Credit Loans"), pro rata according to each Bank's Percentage Interestall as more fully hereinafter set forth, up to an aggregate provided that (a) the principal amount equal of Loans outstanding at any one time to both Borrowers shall not in the amount by which (i) aggregate exceed $75,000,000 25,000,000 (the "Aggregate Revolver Commitment" and as to each Bank's respective Percentage Interest thereof, its "Revolver Commitment"), as terminated or such amount may be reduced pursuant to section 1.8, exceeds Section 3.5 hereof) and (iib) the sum principal amount of (A) Loans outstanding at any one time to the Borrowing Subsidiary shall not in the aggregate amount of Letter of Credit Obligations, and exceed $5,000,000 (B) the aggregate amount of outstanding Swingline Loans (as defined in Section 1.3 below"Borrowing Subsidiary Sublimit"). The Revolver Commitment and Percentage Interest of each Bank therein is set forth in Appendix A hereto. The failure of any one or more of the Banks to lend in accordance with its Revolver Commitment shall not relieve the other Banks of their several obligations hereunder, but no Bank shall be liable in respect to the obligation of any other Bank hereunder or be obligated in any event to lend in excess of its Revolver Commitment. Subject to all of the terms and conditions hereof the Company may repay such Loans and reborrow hereunder from time to time prior to the Termination Date. Each Revolving Credit Loan shall be in a minimum amount of $1,000,000 or any multiple of $100,000 in excess of such amount (except 100,000; provided, however, that any each Loan which bears interest with reference to the Adjusted LIBOR Rate Loan shall be in a minimum such greater amount of $5,000,000 or any multiple of $250,000 in excess of such amount)as is required by Section 2 hereof. Revolving Credit All Loans from each Bank made to the Company shall be made against and evidenced by a single promissory note of the Company (each a "Revolving Credit Note", and collectively with the Term Notes (as defined in section 1.2 below) and the Swingline Note (as defined in Section 1.3 below), sometimes called the "Notes") in the form of (with appropriate insertions) attached hereto as Exhibit 1.1 annexed hereto, A ("Note One") payable to the order of the lending BankBank in the principal amount of $25,000,000. Outstanding Revolving Credit All Loans and Swingline Loans made to the Borrowing Subsidiary shall be reduced made against and evidenced by a single promissory note in the form (with appropriate insertions) attached hereto as Exhibit B ("Note Two") payable to zero dollars (the order of the Bank in the principal amount of $0) at least for sixty (60) consecutive days each calendar year5,000,000. Effective on Each Note shall be dated the date of issuance thereof and be expressed to mature on the Termination Date. Without regard to the principal amount of a Note stated on its face, the actual principal amount at any time outstanding and owing by the relevant Borrower on account of the relevant Note shall be the sum of all Loans made to such Borrower hereunder less all payments of principal actually received by the Bank. During the period from and including the date hereof to but not including the Termination Date, each Borrower may use the Commitment (in the case of the Borrowing Subsidiary, up to the amount of the Borrowing Subsidiary Sublimit) by borrowing, repaying and reborrowing Loans in whole or in part, all in accordance with the terms and conditions of this Agreement, the Commitments of the Banks party to the Credit Agreement dated June 24, 1994, as amended (the "1994 Credit Agreement"), among the Company, such Banks and Firstar Bank, N.A., as agent for such Banks, shall automatically terminate without further action on the part of the Company or any of such Banks.

Appears in 1 contract

Samples: Credit Agreement (Midwest Banc Holdings Inc)

Revolving Credit. From time to time prior to November 3June 15, 2002 2003 or the earlier termination in full of the Commitments (in either case the "Revolver Termination Date"), and subject to all of the terms and conditions of this Agreement, the Company may obtain loans from each of the Banks ("Revolving Credit Loans"), pro rata according to each Bank's Percentage InterestInterest of the Aggregate Revolver Commitment, up to an aggregate principal amount equal to the amount by which lesser of (i) $75,000,000 50,000,000 (the "Aggregate Revolver Commitment" and as to each Bank's respective Percentage Interest thereof, its "Revolver Commitment"), as terminated or reduced pursuant to section 1.8Section 1.11, exceeds or (ii) the amount by which the Aggregate Commitment exceeds the sum of (A) the outstanding principal amount of all Line of Credit Loans and Swingline Loans, (B) the aggregate amount of Letter of Credit Obligations, and (BC) the aggregate face amount of outstanding Swingline Commercial Paper; provided, however, that no Bank shall be required to make Revolving Credit Loans (as defined in Section 1.3 below)excess of its Revolver Commitment. The Revolver Commitment and Percentage Interest of each Bank therein is set forth in Appendix A hereto. the table below: REVOLVER PERCENTAGE NAME OF BANK COMMITMENT INTEREST ------------ ---------- -------- Firstar Bank, National Association $20,000,000 40% Bank One, NA 17,500,000 35% Harrxx Xxxst and Savings Bank 12,500,000 25% --------------------- ------------ Total: $50,000,000 100% ===================== ============ The failure of any one or more of the Banks to lend in accordance with its Revolver Commitment shall not relieve the other Banks of their several obligations hereunder, but no Bank shall be liable in respect to the obligation of any other Bank hereunder or be obligated in any event to lend in excess of its Revolver Commitment. Subject to all of the terms and conditions hereof the Company may repay such the Revolving Credit Loans and reborrow hereunder from time to time prior to the Revolver Termination Date. Each Revolving Credit Loan from each Bank shall be in a minimum principal amount of $1,000,000 100,000 or any a multiple of $100,000 in excess of such amount (except that any as provided in Section 2.1 with respect to Adjusted LIBOR Rate Loan shall be in a minimum amount of $5,000,000 or any multiple of $250,000 in excess of such amountLoans). Revolving Credit Loans from each Bank , and shall be evidenced by a single promissory note of the Company (each a "Revolving Credit Note", and collectively with the Term Notes (as defined in section 1.2 below) and the Swingline Note (as defined in Section 1.3 below), sometimes called the "Notes") in the form of Exhibit 1.1 1.3 annexed hereto, payable to the order of the lending Bank. Outstanding The Revolving Credit Notes shall be executed by the Company and delivered to the Banks on or prior to the Effective Date. Although the Revolving Credit Notes shall be expressed to be payable in the full amounts specified above, the Company shall be obligated to pay only the amounts of Revolving Credit Loans and Swingline Loans shall be reduced actually disbursed to zero dollars ($0) at least or for sixty (60) consecutive days each calendar year. Effective on the date account of this Agreement, the Commitments of the Banks party to the Credit Agreement dated June 24, 1994, as amended (the "1994 Credit Agreement"), among the Company, such Banks and Firstar Bank, N.A., as agent for such Banks, shall automatically terminate without further action together with interest on the part unpaid balance of sums so disbursed which remains outstanding from time to time, at the Company rates and on the dates specified herein or any of such Banksin the Revolving Credit Notes, together with the other amounts provided herein.

Appears in 1 contract

Samples: Credit Agreement (Plexus Corp)

Revolving Credit. From The Bank agrees on the terms and conditions hereinafter set forth, to make loans (the “Loans”) to the Borrower from time to time prior to November 3during the period from the Effective Date of this Agreement up to, 2002 or the earlier termination in full of the Commitments (in either case the "Termination Date")but not including, the Company may obtain loans from each of the Banks ("Revolving Credit Loans"), pro rata according to each Bank's Percentage Interest, up to Loan Termination Date in an aggregate principal amount equal not to exceed at any time outstanding Nine Million and No/100ths Dollars ($9,000,000.00) (the “Commitment”) upon delivery by the Borrower to the amount by which (i) $75,000,000 (Bank of a telephonic or written borrowing request relating thereto in a form reasonably acceptable to the "Aggregate Revolver Commitment" and as to each Bank's respective Percentage Interest thereof, its "Revolver Commitment"), as terminated or reduced Bank pursuant to section 1.8, exceeds (ii) the sum of (A) the aggregate amount of Letter of Credit Obligations, and (B) the aggregate amount of outstanding Swingline Loans (as defined in Section 1.3 below). The Revolver Commitment and Percentage Interest of each Bank therein is set forth in Appendix A hereto. The failure of any one or more of the Banks to lend in accordance with its Revolver Commitment shall not relieve the other Banks of their several obligations hereunder, but no Bank shall be liable in respect to the obligation of any other Bank hereunder or be obligated in any event to lend in excess of its Revolver Commitment. Subject to all of the terms and conditions hereof provisions of this Agreement. Within the Company limits of the Commitment, the Borrower may repay such Loans borrow, prepay and reborrow under this Section 2.01. The Bank’s obligation to make Loans hereunder from time to time prior shall be subject to the Termination DateBorrower’s satisfaction of the Conditions Precedent. Each It is the intention of the parties that the outstanding balance of the Revolving Credit Note shall not exceed the Commitment, and if at any time said balance exceeds the Commitment, the Borrower shall forthwith pay the Bank sufficient funds to reduce the balance of the Revolving Note until it is in compliance with this requirement. The Borrower may elect to terminate the Revolving Note at any time, without penalty, upon written notice to the Bank. In the event the Borrower so elects to terminate the Revolving Note, the aggregate principal amount of the Revolving Note outstanding, together with any accrued and unpaid interest thereon, as well as any other amounts due the Bank pursuant to any of the other Loan Documents, shall be in a minimum amount of $1,000,000 or any multiple of $100,000 in excess of such amount (except that any Adjusted LIBOR Rate Loan shall be in a minimum amount of $5,000,000 or any multiple of $250,000 in excess of such amount). Revolving Credit Loans from each Bank shall be evidenced by a single promissory note of the Company (each a "Revolving Credit Note", due and collectively with the Term Notes (as defined in section 1.2 below) and the Swingline Note (as defined in Section 1.3 below), sometimes called the "Notes") in the form of Exhibit 1.1 annexed hereto, payable to the order of the lending Bank. Outstanding Revolving Credit Loans and Swingline Loans shall be reduced to zero dollars ($0) at least for sixty (60) consecutive days each calendar year. Effective Bank on the date of such election, if not sooner paid and the Revolving Note shall be deemed for all purposes terminated and the Bank shall have no further or additional obligation to loan funds to the Borrower pursuant to the terms and provisions of this Agreement, the Commitments of the Banks party to the Credit Agreement dated June 24, 1994, as amended (the "1994 Credit Agreement"), among the Company, such Banks and Firstar Bank, N.A., as agent for such Banks, shall automatically terminate without further action on the part of the Company or any of such Banks.

Appears in 1 contract

Samples: Revolving Credit Agreement (Landmark Bancorp Inc)

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Revolving Credit. From time Each Bank severally agrees, on the terms and conditions hereinafter set forth, to time prior to November 3, 2002 or make loans (the earlier termination in full of the Commitments (in either case the "Termination Date"), the Company may obtain loans from each of the Banks ("Revolving Credit Loans"), pro rata according ) to each Bank's Percentage Interest, the Borrower from time to time during the period from the date of this Agreement up to but not including the Conversion Date in an aggregate principal amount equal not to exceed at any time outstanding the amount by which (i) $75,000,000 (the "Aggregate Revolver Commitment" and as to each set opposite such Bank's respective Percentage Interest thereofname below, its as such amount may be reduced pursuant to Section 2.02 (such Bank's "Revolver Commitment"). Name of Bank Amount ------------ ------ Fleet Bank, as terminated or reduced N.A. $18,000,000.00 Banco Popular De $ 5,000,000.00 Puerto Rico George Xxxxx Bank $ 2,000,000.00 _____________________ Total $25,000,000 (The "Facility Amount") Each Revolving Credit Loan which shall not utilize the Commitment in full shall be in an amount not less than One Hundred Thousand Dollars ($100,000), provided that each LIBOR Loan shall be in an amount not less than Two Hundred Fifty Thousand Dollars ($250,000). Each Loan made in respect of the Revolving Credit Loans (including the issuance of Letters of Credit) shall be made by each Bank in the proportion which that Bank's Commitment bears to the total amount of all the Banks' Commitments. Within the limits of the Commitment, the Borrower may borrow, repay pursuant to section 1.8, exceeds (ii) the sum of (A) the aggregate amount of Letter of Credit ObligationsSection 2.11, and (B) reborrow under this Section 2.01. On such terms and conditions, the aggregate amount Loans may be outstanding as Prime Loans or LIBOR Loans. Each type of outstanding Swingline Loans (as defined in Section 1.3 below). The Revolver Commitment Revolving Credit Loan shall be made and Percentage Interest maintained at such Bank's Lending Office for such type of each Bank therein is set forth in Appendix A heretoLoan. The failure of any one Bank to make any requested Revolving Credit or more of Term Loan to be made by it on the Banks to lend in accordance with its Revolver Commitment date specified for such Loan shall not relieve the any other Banks Bank of their several obligations hereunderits obligation (if any) to make such Loan on such date, but no Bank shall be liable in respect to responsible for the obligation failure of any other Bank hereunder or to make such Loans to be obligated in made by such other Bank. It is understood and agreed that the Commitment of Agent shall not at any event to lend in excess time exceed Eighteen Million Dollars ($18,000,000). As part of its Revolver Commitment. Subject the Revolving Credit Loans, and subject to all of the terms and conditions hereof of this Agreement and to such other agreements as Agent may require in connection with letters of credit (the Company "LOC Documents"), Agent (on behalf of all Banks pro rata based on each Bank's Commitment) may repay such Loans and reborrow hereunder from time to issue at any time prior to the Termination Date. Each Revolving Credit Loan shall be Conversion Date up to One Million Five Hundred Thousand Dollars ($1,500,000) in a minimum amount letters of $1,000,000 credit on behalf of Borrower, any Subsidiary, or any multiple of $100,000 in excess of such amount (except that any Adjusted LIBOR Rate Loan shall be in a minimum amount of $5,000,000 or any multiple of $250,000 in excess of such amount). Revolving Credit Loans from each Bank shall be evidenced by a single promissory note of the Company (each a "Revolving Credit Note", and collectively with the Term Notes (as defined in section 1.2 below) and the Swingline Note (as defined in Section 1.3 below), sometimes called the "Notes") in the form of Exhibit 1.1 annexed hereto, payable to the order of the lending Bank. Outstanding Revolving Credit Loans and Swingline Loans shall be reduced to zero dollars ($0) at least for sixty (60) consecutive days each calendar year. Effective on the date of this Agreement, the Commitments of the Banks party to the Credit Agreement dated June 24, 1994, as amended Guarantor (the "1994 Credit AgreementLOC Obligations"), among the Company, such Banks and Firstar Bank, N.A., as agent for such Banks, shall automatically terminate without further action on the part of the Company or any of such Banks.. With respect to LOC Obligations:

Appears in 1 contract

Samples: Term Loan Agreement (Carey International Inc)

Revolving Credit. From time Until December 31, 2001, the Revolving Lenders severally agree to time prior advance funds for general corporate purposes not to November 3, 2002 or exceed the earlier termination in full of the Commitments amount shown below (in either case the "Termination Date"), the Company may obtain loans from each of the Banks ("Base Revolving Credit LoansFacility"), ) to the Borrower on a revolving credit basis. Such Advances shall be made on a pro rata according to basis by the Revolving Lenders, based on the following maximum Advance limits and applicable percentages for each Bank's Percentage Interest, up to an aggregate principal amount equal to the amount by which Revolving Lender: (i) $75,000,000 (the "Aggregate Revolver Commitment" and as to each Bank's respective Percentage Interest thereofFNB-O, its "Revolver Commitment"$17,333,340 (28.8889%), as terminated or reduced pursuant to section 1.8, exceeds ; (ii) as to Harxxx, $13,333,320 (22.2222%); (iii) as to Firstar, $16,000,020 (26.6667%); (iv) as to LaSalle, $13,333,320 (22.2222%); provided, however, that each Revolving Lender's Commitment is several and not joint or joint and several. The Borrower shall not be entitled to any Advance hereunder if, after the sum making of such Advance, the Principal Loan Amount would exceed the least of (Aw) the aggregate amount of Letter of then current Base Revolving Credit ObligationsFacility, or (x) one and one-half (B1 1/2) times the Borrower's Annualized Modified Cash Flow, or (y) the aggregate amount number of outstanding Swingline Loans Core Retail Accounts times $200, or (as defined z) seventy percent (70%) of the then current fair market value of the Pledged NITE Stock, determined in Section 1.3 below)each case after giving effect to the requested Advance. The Revolver Commitment Nor shall the Borrower be entitled to any further Advances hereunder after the occurrence and Percentage Interest of each Bank therein is set forth in Appendix A hereto. The failure during the continuation of any one Event of Default or more any event which with the passage of time or the giving of notice or both would constitute an Event of Default, or if the Borrower's representations and warranties cease to be true and correct in all material respects at the time of the Banks to lend in accordance with its Revolver Commitment shall not relieve the other Banks of their several obligations hereunder, but no Bank requested Advance. Advances shall be liable in respect to the obligation of any other Bank hereunder or be obligated in any event to lend in excess of its Revolver Commitment. Subject to all of made, on the terms and conditions hereof of this Agreement, upon the Company may repay such Loans and reborrow hereunder from Borrower's request. Requests shall be made by 12:00 noon Omaha time to time on the Business Day prior to the Termination Daterequested date of the Advance. Each Revolving Credit Loan Requests shall be in made by presentation to FNB-O of a minimum amount of $1,000,000 or any multiple of $100,000 in excess of such amount (except that any Adjusted LIBOR Rate Loan shall be in a minimum amount of $5,000,000 or any multiple of $250,000 in excess of such amount). Revolving Credit Loans from each Bank shall be evidenced by a single promissory note of the Company (each a "Revolving Credit Note", and collectively with the Term Notes (as defined in section 1.2 below) and the Swingline Note (as defined in Section 1.3 below), sometimes called the "Notes") drawing certificate in the form of Exhibit 1.1 annexed hereto, payable B. The Borrower's obligation to make payments of principal and interest on the order of the lending Bank. Outstanding Revolving Credit Loans and Swingline Loans foregoing revolving credit indebtedness shall be reduced to zero dollars ($0) at least for sixty (60) consecutive days each calendar year. Effective on further evidenced by the date of this Agreement, the Commitments of the Banks party to the Credit Agreement dated June 24, 1994, as amended (the "1994 Credit Agreement"), among the Company, such Banks and Firstar Bank, N.A., as agent for such Banks, shall automatically terminate without further action on the part of the Company or any of such BanksNotes.

Appears in 1 contract

Samples: Revolving Credit Agreement (Ameritrade Holding Corp)

Revolving Credit. From time (a) The Lender agrees, upon the terms and subject to time prior the conditions hereof, to November 3, 2002 or extend a revolving credit facility to the earlier termination in full of the Commitments Borrower (in either case the "Termination DateRevolving Credit"), the Company may obtain loans from each of the Banks ("Revolving Credit Loans"), pro rata according to each Bank's Percentage Interest, up to in an aggregate principal amount equal at any one time outstanding not to exceed EIGHT MILLION DOLLARS ($8,000,000.00), to be used by the Borrower in order to obtain loans and advances from the Lender ("Advances") pursuant to the terms and provisions set forth in Section 2.2 herein and for the issuance of two (2) standby letters of credit in the maximum aggregate face amount by which of FOUR MILLION TWO HUNDRED FIFTY THOUSAND DOLLARS (i$4,250,000.00) $75,000,000 (the "Aggregate Revolver Commitment" and as to each Bank's respective Percentage Interest thereof, its Standby L/C's"Revolver Commitment"), as terminated or reduced pursuant to section 1.8, exceeds (ii) the sum of (A) the aggregate amount of Letter of Credit Obligations, and (B) the aggregate amount of outstanding Swingline Loans (as defined in Section 1.3 below). The Revolver Commitment aggregate principal amount of all Advances and Percentage Interest the face amount of each Bank therein is set forth in Appendix A heretothe Standby L/C's outstanding at any one time under the Revolving Credit shall not at any time exceed EIGHT MILLION DOLLARS ($8,000,000.00). The failure of any one or more Advances to the Borrower and issuance of the Banks Standby L/C's on behalf of Borrower shall at all times be conditioned upon there existing no Default or Event of Default hereunder, and the Lender shall have no obligation to lend make Advances or issue the Standby L/C's at any time that a Default or Event of Default exists hereunder. Until the Termination Date, the Borrower may use the Revolving Credit by borrowing, repaying in whole or in part, and reborrowing under the Revolving Credit, all in accordance with its Revolver Commitment this Agreement; provided, however, at the time of each Advance or issuance of the Standby L/C's under the Revolving Credit, the Borrower shall not relieve the other Banks of their several obligations be in Default hereunder, but no Bank shall be liable or in respect default under any other agreement with or obligation to the obligation of any other Bank hereunder or be obligated in any event to lend in excess of its Revolver Commitment. Subject to all of the terms and conditions hereof the Company may repay such Loans and reborrow hereunder from time to time prior to the Termination Date. Each Revolving Credit Loan shall be in a minimum amount of $1,000,000 or any multiple of $100,000 in excess of such amount (except that any Adjusted LIBOR Rate Loan shall be in a minimum amount of $5,000,000 or any multiple of $250,000 in excess of such amount). Revolving Credit Loans from each Bank shall be evidenced by a single promissory note of the Company (each a "Revolving Credit Note", and collectively with the Term Notes (as defined in section 1.2 below) and the Swingline Note (as defined in Section 1.3 below), sometimes called the "Notes") in the form of Exhibit 1.1 annexed hereto, payable to the order of the lending Bank. Outstanding Revolving Credit Loans and Swingline Loans shall be reduced to zero dollars ($0) at least for sixty (60) consecutive days each calendar year. Effective on the date of this Agreement, the Commitments of the Banks party to the Credit Agreement dated June 24, 1994, as amended (the "1994 Credit Agreement"), among the Company, such Banks and Firstar Bank, N.A., as agent for such Banks, shall automatically terminate without further action on the part of the Company or any of such BanksLender.

Appears in 1 contract

Samples: Revolving Credit Agreement (Watsco Inc)

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