Common use of Revolving Loan Commitment Clause in Contracts

Revolving Loan Commitment. Subject to the terms and conditions set forth herein, each Lender severally agrees to make revolving loans (each a "Revolving Loan" and collectively the "Revolving Loans") to the Borrower, in Dollars, at any time and from time to time, during the period from and including the Effective Date to but not including the Maturity Date (or such earlier date if the Revolving Committed Amount has been terminated as provided herein); provided, however, that (i) the sum of the aggregate amount of Revolving Loans outstanding plus the aggregate amount of Swingline Loans outstanding plus the aggregate amount of secured Indebtedness incurred by the Credit Parties pursuant to Section 8.1(h) in excess of $100,000,000 shall not exceed the Revolving Committed Amount and (ii) with respect to each individual Lender, the Lender's pro rata share of outstanding Revolving Loans plus such Lender's (other than Bank of America) pro rata share of outstanding Swingline Loans shall not exceed such Lender's Revolving Loan Commitment Percentage of the Revolving Committed Amount. Subject to the terms of this Credit Agreement (including Section 3.3), the Borrower may borrow, repay and reborrow Revolving Loans.

Appears in 2 contracts

Samples: Credit Agreement (Abacoa Homes Inc), Credit Agreement (Pulte Corp)

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Revolving Loan Commitment. Subject to the terms and conditions set forth herein, each Lender severally agrees to make revolving loans (each a "Revolving Loan" and collectively the "Revolving Loans") in Dollars to the Borrower, in Dollars, at any time and from time to time, during the period from and including the Effective Closing Date to but not including the Maturity Date (or such earlier date if the Revolving Committed Amount has Commitments have been terminated as provided herein); provided, however, that after giving effect to any Borrowing (i) the sum of the aggregate principal amount of outstanding Revolving Loans outstanding plus the aggregate principal amount of Swingline Loans outstanding L/C Obligations plus the aggregate principal amount of secured Indebtedness incurred by the Credit Parties pursuant to Section 8.1(h) in excess of $100,000,000 outstanding Swing Line Loans shall not exceed the Revolving Committed Amount and (ii) with respect to each individual Lender, the Lender's pro rata share sum of the aggregate principal amount of outstanding Revolving Loans of such Lender plus such Lender's (other than Bank Pro Rata Share of America) pro rata share the aggregate principal amount of outstanding Swingline L/C Obligations and Swing Line Loans shall not exceed such Lender's Revolving Loan Commitment Percentage of the Revolving Committed AmountCommitment. Subject to the terms of this Credit Agreement (including Section 3.3), the Borrower may borrow, repay and reborrow Revolving Loans.

Appears in 2 contracts

Samples: Credit Agreement (PNM Resources Inc), Credit Agreement (PNM Resources Inc)

Revolving Loan Commitment. Subject to the terms and conditions set forth herein, each Lender severally agrees to make revolving loans (each a "Revolving Loan" and collectively the "Revolving Loans") in Dollars to the Borrower, in Dollars, at any time and from time to time, during the period from and including the Effective Closing Date to but not including the Maturity Date (or such earlier date if the Revolving Committed Amount has Commitments have been terminated as provided herein); provided, however, that after giving effect to any Borrowing (i) the sum of the aggregate principal amount of outstanding Revolving Loans outstanding plus the aggregate principal amount of Swingline Loans outstanding L/C Obligations plus the aggregate principal amount of secured Indebtedness incurred by outstanding Swing Line Loans shall not exceed the Credit Parties pursuant to Section 8.1(hlesser of (x) in excess the Revolving Committed Amount and (y) the face amount of $100,000,000 the First Mortgage Bonds (or, during any FMB Release Period, the sum of the aggregate principal amount of outstanding Revolving Loans plus the aggregate principal amount of outstanding L/C Obligations plus the aggregate principal amount of outstanding Swing Line Loans shall not exceed the Revolving Committed Amount Amount) and (ii) with respect to each individual Lender, the Lender's pro rata share sum of the aggregate principal amount of outstanding Revolving Loans of such Lender plus such Lender's (other than Bank ’s Pro Rata Share of America) pro rata share the aggregate principal amount of outstanding Swingline L/C Obligations and Swing Line Loans shall not exceed such Lender's Revolving Loan Commitment Percentage of the Revolving Committed Amount’s Commitment. Subject to the terms of this Credit Agreement (including Section 3.3), the Borrower may borrow, repay and reborrow Revolving Loans.

Appears in 2 contracts

Samples: Credit Agreement (Public Service Co of New Mexico), Credit Agreement (Texas New Mexico Power Co)

Revolving Loan Commitment. Subject Upon and subject to the terms and conditions set forth herein, (a) each Lender severally and for itself agrees to make revolving loans in Dollars to the Borrower (collectively called the “Loans” and individually called a “Loan”) from time to time on any Business Day during the Availability Period in such Lender’s Applicable Percentage of such aggregate amounts as the Borrower may from time to time request, (b) each Lender severally agrees to make revolving loans (each a "Revolving Loan" issue, extend and collectively renew in such Lender’s Applicable Percentage, Several Letters of Credit at the "Revolving Loans") to request of and for the account of the Borrower, in Dollarsany Insurance Subsidiary or, at any time and subject to the Non-Insurance Subsidiary Letter of Credit Sublimit, Non-Insurance Subsidiaries, from time to time, time during the period Availability Period, and (c) the Fronting Bank agrees to issue, extend and renew Fronted Letters of Credit for the account of the Borrower, any Insurance Subsidiary or, subject to the Non-Insurance Subsidiary Letter of Credit Sublimit, Non-Insurance Subsidiaries from time to time during the Availability Period and including each Lender agrees to purchase risk participations in the Effective Date to but not including obligations of the Maturity Date (or such earlier date if Fronting Bank under the Revolving Committed Amount has been terminated Fronted Letters of Credit as provided herein)more fully set forth in Section 3.1; provided, however, that after giving effect to any Credit Extension, (ix) the sum of the aggregate amount of Revolving Loans outstanding plus the aggregate amount of Swingline Loans outstanding plus the aggregate amount of secured Indebtedness incurred by the Credit Parties pursuant to Section 8.1(h) in excess of $100,000,000 Total Outstandings shall not exceed the Revolving Committed Amount and Aggregate Commitments, (iiy) with respect to each individual Lender, the Lender's pro rata share aggregate Outstanding Amounts of outstanding Revolving Loans plus such Lender's (other than Bank of America) pro rata share of outstanding Swingline Loans any Lender shall not exceed such Lender's Revolving Loan ’s Commitment Percentage and (z) the aggregate LC Obligations with respect to Letters of Credit issued for the Revolving Committed Amountaccount of Non-Insurance Subsidiaries shall not exceed the Non-Insurance Subsidiary Letter of Credit Sublimit. Subject Within the limits of this Section 2.1 and subject to the other terms of this Credit Agreement (including Section 3.3)and conditions hereof, the Borrower may borrowborrow Loans under this Section 2.1, repay prepay Loans under Section 2.3 and reborrow Revolving LoansLoans under this Section 2.1.

Appears in 2 contracts

Samples: Credit Agreement (Renaissancere Holdings LTD), Credit Agreement (Renaissancere Holdings LTD)

Revolving Loan Commitment. Subject to the terms and conditions set forth hereinherein and pursuant to this Section 2.1, each Revolving Loan Lender severally agrees to make revolving loans (each a "Revolving Loan" and collectively the "Revolving Loans") to the BorrowerBorrowers, in Dollars, at any time and from time to time, during the period from and including the Effective Date to to, but not including including, the Revolving Loan Maturity Date (or such earlier date if as the Revolving Committed Amount has been terminated as provided herein); provided, however, that (i) the sum of the aggregate principal amount of Revolving Loans outstanding plus the aggregate amount of Swingline Loans LOC Obligations outstanding plus the aggregate amount of secured Indebtedness incurred by the Credit Parties pursuant to Section 8.1(h) in excess of $100,000,000 shall not exceed the Revolving Committed Amount and Amount, (ii) with respect to each individual Lender, the such Lender's ’s pro rata share of outstanding Revolving Committed Loans plus such Lender's (other than Bank of America) ’s pro rata share of outstanding Swingline Loans LOC Obligations shall not exceed such Lender's ’s Revolving Loan Commitment Percentage and (iii) the aggregate principal amount of such Revolving Loan shall not exceed the Revolving Committed AmountCredit Availability at such time. Subject to the terms of this Credit Agreement (including Section 3.3), the Borrower Borrowers may borrow, repay and reborrow Revolving Loans. The Administrative Agent shall keep a record of the purpose for which each of the Loans was advanced (and of repayments applied thereto), which record shall be conclusive absent prima facie error.

Appears in 2 contracts

Samples: Revolving Credit Agreement (Brandywine Operating Partnership, L.P.), Revolving Credit Agreement (Brandywine Operating Partnership, L.P.)

Revolving Loan Commitment. Subject to the terms and conditions set forth herein, each Lender severally agrees to make revolving loans (each a "Revolving Loan" ” or “Loan” and collectively the "Revolving Loans"” or “Loans”) in Dollars to the Borrower, in Dollars, at any time and from time to time, during the period from and including the Effective Closing Date to but not including the Maturity Date (or such earlier date if the Revolving Committed Amount has Commitments have been terminated as provided herein); provided, however, that after giving effect to any Borrowing (i) the sum of the aggregate principal amount of outstanding Revolving Loans outstanding plus the aggregate principal amount of Swingline outstanding L/C Obligations shall not exceed the lesser of (x) the Revolving Committed Amount and (y) the face amount of the First Mortgage Bonds (or, during any FMB Release Period, the sum of the aggregate principal amount of outstanding Revolving Loans outstanding plus the aggregate principal amount of secured Indebtedness incurred by the Credit Parties pursuant to Section 8.1(h) in excess of $100,000,000 outstanding L/C Obligations shall not exceed the Revolving Committed Amount Amount) and (ii) with respect to each individual Lender, the Lender's pro rata share sum of the aggregate principal amount of outstanding Revolving Loans plus such Lender's (other than Bank of America) pro rata share the aggregate principal amount of outstanding Swingline Loans L/C Obligations of such Lender shall not exceed such Lender's Revolving Loan Commitment Percentage ’s Pro Rata Share of the Revolving Committed Amount. Subject to the terms of this Credit Agreement (including Section 3.3), the Borrower may borrow, repay and reborrow Revolving Loans.

Appears in 2 contracts

Samples: Credit Agreement (Texas New Mexico Power Co), Credit Agreement (PNM Resources Inc)

Revolving Loan Commitment. Subject to the terms and conditions set forth herein, each Lender severally agrees to make revolving loans (each a "Revolving Loan" and collectively the "Revolving Loans") in Dollars to the Borrower, in Dollars, at any time and from time to time, during the period from and including the Effective Closing Date to but not including the Maturity Date (or such earlier date if the Revolving Committed Amount has Commitments have been terminated as provided herein); provided, however, that after giving effect to any Borrowing (i) the sum of the aggregate principal amount of outstanding Revolving Loans outstanding plus the aggregate principal amount of Swingline Loans outstanding L/C Obligations plus the aggregate principal amount of secured Indebtedness incurred by the Credit Parties pursuant to Section 8.1(h) in excess of $100,000,000 outstanding Swing Line Loans shall not exceed the Revolving Committed Amount and (ii) with respect to each individual Lender, the Lender's pro rata share sum of the aggregate principal amount of outstanding Revolving Loans of such Lender plus such Lender's (other than Bank ’s Pro Rata Share of America) pro rata share the aggregate principal amount of outstanding Swingline L/C Obligations and Swing Line Loans shall not exceed such Lender's Revolving Loan Commitment Percentage of the Revolving Committed AmountXxxxxx’s Commitment. Subject to the terms of this Credit Agreement (including Section 3.3), the Borrower may borrow, repay and reborrow Revolving Loans.

Appears in 2 contracts

Samples: Credit Agreement (Public Service Co of New Mexico), Credit Agreement (Public Service Co of New Mexico)

Revolving Loan Commitment. Subject to the terms and conditions set forth herein, each Lender severally agrees to make revolving loans (each a "Revolving Loan" or "Loan" and collectively the "Revolving Loans" or "Loans") in Dollars to the Borrower, in DollarsBorrowers, at any time and from time to time, during the period from and including the Effective Closing Date to but not including the Maturity Date (or such earlier date if the Revolving Committed Amount has Commitments have been terminated as provided herein); provided, however, that after giving effect to any Borrowing (i) the sum of the aggregate principal amount of outstanding Revolving Loans outstanding plus the aggregate principal amount of Swingline Loans outstanding plus the aggregate amount of secured Indebtedness incurred by the Credit Parties pursuant to Section 8.1(h) in excess of $100,000,000 L/C Obligations shall not exceed the Revolving Committed Amount Amount, (ii) the sum of the principal amount of outstanding Revolving Loans plus the principal amount of outstanding L/C Obligations of each of TNMP, First Choice and FCP, as applicable, shall not exceed the Subsidiary Borrower Sublimit for such Person and (iiiii) with respect to each individual Lender, the Lender's pro rata share sum of the aggregate principal amount of outstanding Revolving Loans plus such Lender's (other than Bank of America) pro rata share the aggregate principal amount of outstanding Swingline Loans L/C Obligations of such Lender shall not exceed such Lender's Revolving Loan Commitment Percentage Pro Rata Share of the Revolving Committed Amount. Subject to the terms of this Credit Agreement (including Section 3.3), the Borrower Borrowers may borrow, repay and reborrow Revolving Loans.

Appears in 2 contracts

Samples: Credit Agreement (PNM Resources Inc), Credit Agreement (PNM Resources Inc)

Revolving Loan Commitment. Subject to the terms and conditions set forth herein, each Lender severally agrees to make revolving loans (each a "Revolving Loan" and collectively the "Revolving Loans") to the Borrower, in DollarsDollars or in Foreign Currency, at any time and from time to time, during the period from and including the Effective Date to but not including the Revolving Loan Maturity Date (or such earlier date if the Revolving Committed Amount has been terminated as provided herein); provided, however, that (i) the sum of the aggregate amount of Revolving Loans outstanding plus the aggregate amount of Swingline LOC Obligations outstanding plus the aggregate amount of Swing Line Loans outstanding plus the aggregate amount of secured Indebtedness incurred by the Credit Parties pursuant to Section 8.1(h) in excess of $100,000,000 Competitive Bid Loans outstanding shall not exceed the Revolving Committed Amount and Amount, (ii) with respect to each individual Lender, the Lender's pro rata share of outstanding Revolving Loans plus such Lender's (other than Bank of America) pro rata share of outstanding Swingline Loans LOC Obligations shall not exceed such Lender's Revolving Loan Commitment Percentage of the Revolving Committed AmountAmount and (iii) the amount of Revolving Loans outstanding in Foreign Currency plus Competitive Bid Loans outstanding in Foreign Currency shall not exceed the U.S. Dollar Equivalent of Fifty Million Dollars ($50,000,000). Subject to the terms of this Credit Agreement (including Section 3.3), the Borrower may borrow, repay and reborrow Revolving Loans.

Appears in 2 contracts

Samples: Credit Agreement (Covance Inc), Credit Agreement (Covance Inc)

Revolving Loan Commitment. Subject to the terms and conditions set forth herein, each Lender severally agrees to make revolving loans (each a "Revolving Loan" and collectively the "Revolving Loans") to the Borrower, in Dollars, at any time and from time to time, during the period from and including the Effective Date to but not including the Maturity Date (or such earlier date if the Revolving Committed Amount has been terminated as provided herein); provided, however, that (i) the sum of the aggregate amount of Revolving Loans outstanding plus the aggregate amount of Swingline Loans LOC Obligations outstanding plus the aggregate amount of secured Indebtedness incurred by the Credit Parties pursuant to Section 8.1(h) in excess of $100,000,000 Swingline Loans outstanding shall not exceed the Revolving Committed Amount and (ii) with respect to each individual Lender, the Lender's pro rata share of outstanding Revolving Loans plus such Lender's (other than Bank of America) pro rata share of outstanding LOC Obligations plus (other than the Swingline Lender) such Lender's pro rata share of Swingline Loans outstanding shall not exceed such Lender's Revolving Loan Commitment Percentage of the Revolving Committed Amount. Subject to the terms of this Credit Agreement (including Section 3.3), the Borrower may borrow, repay and reborrow Revolving Loans.

Appears in 1 contract

Samples: Credit Agreement (Ryans Family Steakhouses Inc)

Revolving Loan Commitment. Subject Upon and subject to the ------------------------- terms and conditions set forth hereinhereof, (a) each Lender of the Lenders severally and for itself agrees to make revolving loans to the Borrower (each collectively called the Loans and individually called a "Revolving Loan" and collectively the "Revolving Loans") to the Borrower, in Dollars, at any time and from time to time, time on any Business Day during the period from and including the Effective Date to but the Commitment Termination Date, in such Lender's Pro Rata Share of such aggregate amounts as the Borrower may from time to time request from all Lenders, provided that the aggregate principal amount of all Loans which all Lenders shall be committed to have outstanding at any one time shall not including the Maturity Date (or such earlier date if the Revolving Committed Amount has been terminated as provided herein); provided, however, that exceed an amount equal to (i) the sum aggregate amount of the Commitments minus (ii) the LC Obligations; and (b) the LC Issuer agrees to issue ----- letters of credit in accordance with Article III (the "Letters of Credit"), from time to time on any Business Day during the period from the Effective Date to the Commitment Termination Date and, as more fully set forth in Section 3.2, ----------- each Lender agrees to purchase a Risk Participation in such Letter of Credit, provided that the aggregate LC Obligations shall not at any time exceed the lesser of (i) $50,000,000 or (ii) an amount equal to (A) the aggregate amount of Revolving Loans outstanding plus the Commitments minus (B) the aggregate amount of Swingline Loans all outstanding plus Loans. In no ----- event shall any Lender be required or permitted to make any Credit Extension if, immediately after giving effect to such Credit Extension and the aggregate amount application of secured Indebtedness incurred by the Credit Parties pursuant proceeds thereof to Section 8.1(h) in excess the extent applied to the repayment of $100,000,000 shall not exceed the Revolving Committed Amount and (ii) with respect to each individual Lenderany outstanding Obligations, the Lender's pro rata share of outstanding Revolving Loans plus such Lender's (other than Bank of America) pro rata share of outstanding Swingline Loans shall not Credit Extensions would exceed such Lender's Revolving Loan Commitment Percentage Commitment. Within the limits of the Revolving Committed Amount. Subject each Lender's Commitment, and subject to the other terms of this Credit Agreement (including Section 3.3)and conditions hereof, the Borrower may borrowborrow under this Section ------- 2.1, repay prepay under Section 2.6 and reborrow Revolving Loans.under this Section 2.1. --- ----------- -----------

Appears in 1 contract

Samples: Credit Agreement (Renaissancere Holdings LTD)

Revolving Loan Commitment. Subject to the terms and conditions set forth herein, each Lender severally agrees to make revolving loans (each a "Revolving Loan" and collectively the "Revolving Loans") to the BorrowerBorrowers, in Dollars, at any time and from time to time, during the period from and including the Effective Closing Date to but not including the Maturity Date (or such earlier date if the Revolving Committed Amount has been terminated as provided herein); provided, however, that (i) the sum of the aggregate amount of Revolving Loans outstanding plus the aggregate amount of Swingline Loans L/C Obligations outstanding plus the aggregate amount of secured Indebtedness incurred by the Credit Parties pursuant to Section 8.1(h) in excess of $100,000,000 Swingline Loans outstanding shall not exceed the Revolving Committed Amount and (ii) with respect to each individual Lender, the Lender's pro rata share of outstanding Revolving Loans plus such Lender's (other than Bank of America) pro rata share of outstanding L/C Obligations plus (other than the Swingline Lender) such Lender's pro rata share of Swingline Loans outstanding shall not exceed such Lender's Revolving Loan Commitment Percentage of the Revolving Committed Amount. Subject to the terms of this Credit Agreement (including Section 3.3), the Borrower Borrowers may borrow, repay and reborrow Revolving Loans.

Appears in 1 contract

Samples: Credit Agreement (Ryans Restaurant Group Inc)

Revolving Loan Commitment. Subject to the terms and conditions set forth hereinof this Agreement, each Lender severally NBD agrees to make revolving loans (each a "Revolving Loan" and collectively the "Revolving Loans") Loans to the BorrowerBorrowers, in Dollarsjointly and severally, at any time on a revolving basis from the Effective Date and before the Termination Date as the Borrowers may from time to time, during the period time request from and including the Effective Date to but not including the Maturity Date (or such earlier date if the Revolving Committed Amount has been terminated as provided herein)NBD; provided, however, that the aggregate principal amount of all Revolving Loans which NBD shall be committed to make at any time shall not, when added to the principal balance of the Revolving Loans outstanding at such time plus the aggregate face amount of all outstanding L/Cs, exceed (i) the sum Borrowing Base at such time; or (ii) the Commitment at such time. The Revolving Loans shall be evidenced by a Revolving Note of the aggregate Borrowers in substantially the form of Exhibit 2.1(a). The Revolving Note advanced under this Section 2.1(a) shall be dated the Effective Date and stated to mature on the Termination Date. Interest shall accrue on the unpaid principal balance of the Revolving Loans from time to time outstanding under this Section 2.1(a) at the Applicable Rate(s) and shall be payable in accordance with Section 4.2. Within the limits of the Commitment and subject to the other terms and conditions of this Agreement, the Revolving Loans may be borrowed, repaid and reborrowed prior to the Termination Date. Although the Revolving Note shall be expressed to be payable in the maximum amount of the Commitment, the Borrowers shall be obligated to pay only the unpaid balance of the Revolving Loans together with interest thereon and other amounts due in connection therewith as provided herein and in the Revolving Note. The proceeds of Revolving Loans outstanding plus the aggregate amount of Swingline Loans outstanding plus the aggregate amount of secured Indebtedness incurred shall be used by the Credit Parties pursuant to Section 8.1(h) in excess of $100,000,000 shall not exceed the Revolving Committed Amount and (ii) with respect to each individual Lender, the Lender's pro rata share of outstanding Revolving Loans plus such Lender's (Borrowers for working capital or other than Bank of America) pro rata share of outstanding Swingline Loans shall not exceed such Lender's Revolving Loan Commitment Percentage general corporate purposes of the Revolving Committed Amount. Subject to the terms of this Credit Agreement (including Section 3.3), the Borrower may borrow, repay and reborrow Revolving LoansLoan Parties.

Appears in 1 contract

Samples: Credit and Loan Agreement (Secom General Corp)

Revolving Loan Commitment. (i) Subject to the terms and conditions set forth herein, each Lender severally agrees to make revolving loans (each a "Revolving Loan" and collectively the "Revolving Loans") to the Borrower, in Dollars, at any time and from time to time, during the period from and including the Effective Date to but not including the Maturity Date (or such earlier date if the Revolving Committed Amount has been terminated as provided herein); provided, however, that (iA) the sum of the aggregate amount of Revolving Loans outstanding plus the aggregate amount of Swingline Loans outstanding plus the aggregate amount of secured Indebtedness incurred by all LC Obligations outstanding (collectively, the "Outstanding Credit Parties pursuant to Section 8.1(hExtensions") in excess of $100,000,000 shall not exceed the Revolving Committed Amount and (iiB) with respect to each individual Lender (other than the Swingline Lender), the Lender's pro rata share Pro Rata Share of outstanding Revolving Loans plus such Lender's (other than Bank of America) pro rata share Pro Rata Share of outstanding Swingline Loans plus such Lender's Pro Rata Share of outstanding LC Obligations shall not exceed such Lender's Revolving Loan Commitment Percentage of the Revolving Committed AmountCommitment. Subject to the terms of this Credit Agreement (including Section 3.3), the Borrower may borrow, repay and reborrow Revolving Loans.

Appears in 1 contract

Samples: Credit Agreement (Pulte Homes Inc/Mi/)

Revolving Loan Commitment. Subject Each Lender severally agrees, subject to the terms and conditions limitations set forth herein, each Lender severally agrees to make revolving loans (each a "Revolving Loan" and collectively the "Revolving Loans") below with respect to the Borrower, in Dollars, at any time and maximum amount of Revolving Loans permitted to be outstanding from time to time, to lend to Company from time to time during the period from and including the Effective Date to but not including the Maturity Date (or such earlier date if excluding the Revolving Committed Amount has been terminated as provided herein); provided, however, that (i) the sum Loan Commitment Termination Date an aggregate amount not exceeding its Pro Rata Share of the aggregate amount of the Revolving Loan Commitments to be used for the purposes identified in subsection 2.5A. The original amount of each Lender’s Revolving Loan Commitment is set forth opposite its name on Schedule 2.1 annexed hereto and the aggregate original amount of the Revolving Loan Commitments is $50,000,000; provided that the Revolving Loan Commitments of Lenders shall be adjusted to give effect to any assignments of the Revolving Loan Commitments pursuant to subsection 10.1B; and provided, further that the amount of the Revolving Loan Commitments shall be reduced from time to time by the amount of any reductions thereto made pursuant to subsections 2.4B(ii) and 2.4B(iii). Each Lender’s Revolving Loan Commitment shall expire on the Revolving Loan Commitment Termination Date and all Revolving Loans outstanding plus the aggregate amount of Swingline Loans outstanding plus the aggregate amount of secured Indebtedness incurred by the Credit Parties pursuant to Section 8.1(h) in excess of $100,000,000 shall not exceed the Revolving Committed Amount and (ii) all other amounts owed hereunder with respect to each individual Lender, the Lender's pro rata share of outstanding Revolving Loans plus such Lender's (other and the Revolving Loan Commitments shall be paid in full no later than Bank of Americathat date. Amounts borrowed under this subsection 2.1A(ii) pro rata share of outstanding Swingline Loans shall not exceed such Lender's may be repaid and reborrowed up to but excluding the Revolving Loan Commitment Percentage of Termination Date. Anything contained in this Agreement to the contrary notwithstanding, the Revolving Committed Amount. Subject Loans and the Revolving Loan Commitments shall be subject to the terms of this Credit Agreement (including Section 3.3), following limitations in the Borrower may borrow, repay amounts and reborrow Revolving Loans.during the periods indicated:

Appears in 1 contract

Samples: Credit Agreement (Sealy Corp)

Revolving Loan Commitment. Subject to the terms Each Lender, severally and conditions set forth hereinnot jointly, each Lender severally agrees to shall make such revolving loans and advances (each a "Revolving Loan" and collectively the "Revolving Loans") to the Borrower, Borrower in Dollars, aggregate amounts outstanding at any time and equal to such Lender's Commitment Percentage as Borrower shall from time to timetime request, during in accordance with the period from terms of paragraph 2(b) hereof. The aggregate unpaid principal amount of all Revolving Loans outstanding at any one time made to Borrower shall not exceed the lesser of (A) the Borrowing Base and including the Effective Date to but not including the Maturity Date (or such earlier date if B) the Revolving Committed Amount has been terminated as provided herein); providedLoan Commitment, however, that minus the outstanding Letter of Credit Obligations. All Revolving Loans shall be repaid in full upon the earlier to occur of (i) the sum end of the aggregate amount of Revolving Loans outstanding plus the aggregate amount of Swingline Loans outstanding plus the aggregate amount of secured Indebtedness incurred by the Credit Parties pursuant to Section 8.1(h) in excess of $100,000,000 shall not exceed the Revolving Committed Amount Term and (ii) with respect the acceleration of the Liabilities pursuant to each individual Lenderparagraph 18 of this Agreement. If at any time the outstanding principal balance of the Revolving Loans made to Borrower exceeds (A) the Borrowing Base or (B) the Revolving Loan Commitment, minus the Lender's outstanding Letter of Credit Obligations, Borrower shall immediately, and without the necessity of a demand by Agent, pay to Agent such amount as may be necessary to eliminate such excess, and Agent shall apply such payment pro rata share of outstanding Revolving Loans plus such Lender's (other than Bank of America) pro rata share of outstanding Swingline Loans shall not exceed such Lender's Revolving Loan according to the Commitment Percentage of each Lender against the outstanding principal balance of the Revolving Committed AmountLoans. Subject In addition, if at any time the sum of (i) the outstanding principal balance of the Loans and (ii) the outstanding Letter of Credit Obligations exceeds the Total Credit Facility, Borrower shall immediately and without the necessity of a demand by Agent pay to Agent such amount as may be necessary to eliminate such excess, and Agent shall apply such payment against the terms outstanding principal balance of the Loans in such order as Agent shall determine in its sole discretion. Borrower hereby authorizes Agent to charge any of Borrower's accounts to make any payments of principal or interest required by this Credit Agreement (including Section 3.3Agreement. All Revolving Loans shall, in Agent's sole discretion, be evidenced by one or more Revolving Notes in substantially the form attached hereto as Exhibit 2(a). However, if such Revolving Loans are not so evidenced, such Revolving Loans may be evidenced solely by entries upon the Borrower may borrow, repay books and reborrow Revolving Loansrecords maintained by Agent.

Appears in 1 contract

Samples: Loan and Security Agreement (Transact Technologies Inc)

Revolving Loan Commitment. (i) Subject to the terms and conditions set forth herein, each Lender severally agrees to make revolving loans (each a "Revolving Loan" and collectively the "Revolving Loans") to the Borrower, in Dollars, at any time and from time to time, during the period from and including the Effective Date to but not including the Maturity Date (or such earlier date if the Revolving Committed Amount has been terminated as provided herein); provided, however, that (iA) the sum of the aggregate amount of Revolving Loans outstanding plus the aggregate amount of Swingline Loans outstanding plus the aggregate amount of secured Indebtedness incurred by the Credit Parties pursuant to Section 8.1(h) in excess of $100,000,000 all LC Obligations outstanding shall not exceed the Revolving Committed Amount and (iiB) with respect to each individual Lender (other than the Swingline Lender), the Lender's pro rata share Pro Rata Share of outstanding Revolving Loans plus such Lender's (other than Bank of America) pro rata share Pro Rata Share of outstanding Swingline Loans plus such Lender's Pro Rata Share of outstanding LC Obligations shall not exceed such Lender's Revolving Loan Commitment Percentage of the Revolving Committed AmountCommitment. Subject to the terms of this Credit Agreement (including Section 3.3), the Borrower may borrow, repay and reborrow Revolving Loans.

Appears in 1 contract

Samples: Credit Agreement (Pulte Homes Inc/Mi/)

Revolving Loan Commitment. The Credit Parties and the Lenders agree that, as of the Closing Date, the amount of Revolving Loans outstanding, as provided under the Original Credit Agreement, equals $_______________. Each of the outstanding Revolving Loans made under the Original Credit Agreement shall be, as of the Effective Date, a Revolving Loan under this Credit Agreement. Subject to the terms and conditions set forth herein, each Lender who has a Revolving Loan Commitment Percentage that is greater than zero (the "Revolving Loan Lenders") severally agrees to make revolving loans (each a "" Revolving Loan" and collectively the "Revolving Loans") to the Borrower, in DollarsU.S. dollars, at any time and from time to time, during the period from and including the Effective Date to but not including the Revolving Loan Maturity Date (or such earlier date if the obligation to make Revolving Committed Amount Loans has been terminated as provided herein); provided, however, that (i) the sum of the aggregate amount of Revolving Loans outstanding plus the aggregate amount of Swingline Loans Revolving LOC Obligations outstanding plus the aggregate amount of secured Indebtedness incurred by the Credit Parties pursuant to Section 8.1(h) in excess of $100,000,000 shall not exceed the aggregate Revolving Committed Amount and (ii) with respect to each individual Revolving Loan Lender, the Revolving Loan Lender's pro rata share of outstanding Revolving Loans plus such Revolving Loan Lender's (other than Bank of America) pro rata share of outstanding Swingline Loans Revolving LOC Obligations shall not exceed such Revolving Loan Lender's Revolving Loan Commitment Percentage of the Revolving Committed Amount. Subject to the terms of this Credit Agreement (including Section 3.3)Agreement, the Borrower may borrow, repay and reborrow the amount of the Revolving LoansLoan Commitment.

Appears in 1 contract

Samples: Credit Agreement (Ivex Packaging Corp /De/)

Revolving Loan Commitment. Subject to the terms and conditions set forth herein, each Lender severally agrees to make revolving loans (each a "Revolving LoanREVOLVING LOAN" and collectively the "Revolving LoansREVOLVING LOANS") to the Borrower, in Dollars, at any time and from time to time, during the period from and including the Effective Date to but not including the Maturity Date (or such earlier date if the Revolving Committed Amount has been terminated as provided herein); providedPROVIDED, howeverHOWEVER, that (i) the sum of the aggregate amount of Revolving Loans outstanding plus the aggregate amount of Swingline Loans LOC Obligations outstanding plus the aggregate amount of secured Indebtedness incurred by the Credit Parties pursuant to Section 8.1(h) in excess of $100,000,000 Synthetic Lease Obligations outstanding shall not exceed the lesser of (x) the Revolving Committed Amount Amount, (y) the Borrowing Base Assets and (z) $37,500,000 and (ii) with respect to each individual Lender, the Lender's pro rata share of outstanding Revolving Loans plus such Lender's (other than Bank of America) pro rata share of outstanding Swingline Loans LOC Obligations plus such Lender's pro rata share of the aggregate amount of the outstanding Synthetic Lease Obligations shall not exceed such Lender's Revolving Loan Commitment Percentage of the Revolving Committed Amount. Subject to the terms of this Credit Agreement (including Section 3.3), the Borrower may borrow, repay and reborrow Revolving Loans.

Appears in 1 contract

Samples: Credit Agreement (Maxim Group Inc /)

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Revolving Loan Commitment. Subject to the terms and conditions coniditions set forth herein, each Lender severally agrees to make revolving loans (each a "Revolving Loan" and collectively the "Revolving Loans") to the Borrower, in Dollars, at any time and from time to time, during the period from and including the Effective Closing Date to but not including the Maturity Date (or such earlier date if the Revolving Committed Amount has been terminated as provided herein); provided, however, that (i) the sum of the aggregate amount of Revolving Loans outstanding plus the aggregate amount of Swingline Loans LOC Obligations outstanding plus the aggregate amount of secured Indebtedness incurred by the Credit Parties pursuant to Section 8.1(h) in excess of $100,000,000 shall not exceed the lesser of (A) the Revolving Committed Amount minus the Excess Payables or (B) the Borrowing Base minus the Excess Payables and (ii) with respect to each individual Lender, the Lender's pro rata share of outstanding Revolving Loans plus such Lender's (other than Bank of America) pro rata share of outstanding Swingline Loans LOC Obligations shall not exceed such Lender's Revolving Loan Commitment Percentage of the lesser of (A) the Revolving Committed AmountAmount minus the Excess Payables, or (B) the Borrowing Base minus the Excess Payables. Subject to the terms of this Credit Agreement (including Section 3.3), the Borrower may borrow, repay and reborrow Revolving Loans.

Appears in 1 contract

Samples: Agreement (Gorges Quik to Fix Foods Inc)

Revolving Loan Commitment. Subject to Each of the terms Lenders, severally and conditions set forth hereinfor itself alone, each Lender severally agrees to make revolving loans (each herein collectively called "Revolving Loans" and individually called a "Revolving Loan") to the Parent and, with respect to Canadian Dollar Loans, the Co-Borrowers, on a revolving basis from time to time before the Revolving Loan Termination Date in such Lender's Percentage of such aggregate amounts as the Parent or the Co-Borrowers may from time to time request from all Lenders. The aggregate Dollar Equivalent principal amount of Revolving Loans which any Lender shall be committed to have outstanding to the Parent and the Co-Borrowers, when added to the amount of such Lender's Dollar Equivalent participation in the Letters of Credit issued and outstanding pursuant to Section 2.2 or drawn and not reimbursed pursuant to Section 4.10, shall not at any one time exceed the amount with respect to Revolving Loans set opposite such Lender's name on Schedule 2.1 hereto. The aggregate principal Dollar Equivalent amount of Revolving Loans which all Lenders shall be committed to have outstanding hereunder to the Parent and the Co-Borrowers, when added to the aggregate Dollar Equivalent amount of Letters of Credit issued and outstanding pursuant to Section 2.2 or drawn and not reimbursed pursuant to Section 4.10, shall not at any one time exceed $60,000,000; and provided further that the aggregate principal Dollar Equivalent amount of Canadian Dollar Loans which all Lenders shall be committed to have outstanding hereunder to the Parent and the Co-Borrowers, when added to the aggregate Dollar Equivalent amount of Letters of Credit denominated in Canadian Dollars issued and outstanding pursuant to Section 2.2 or drawn and not reimbursed pursuant to Section 4.10, shall not at any one time exceed $10,000,000. The foregoing commitment of each Lender is herein called its "Revolving Loan Commitment" and collectively the "Revolving LoansLoan Commitments.") to the Borrower, in Dollars, at any time and from time to time, during the period from and including the Effective Date to but not including the Maturity Date (or such earlier date if the Revolving Committed Amount has been terminated as provided herein); provided, however, that (i) the sum of the aggregate amount of Revolving Loans outstanding plus the aggregate amount of Swingline Loans outstanding plus the aggregate amount of secured Indebtedness incurred by the Credit Parties pursuant to Section 8.1(h) in excess of $100,000,000 shall not exceed the Revolving Committed Amount and (ii) with respect to each individual Lender, the Lender's pro rata share of outstanding Revolving Loans plus such Lender's (other than Bank of America) pro rata share of outstanding Swingline Loans shall not exceed such Lender's Revolving Loan Commitment Percentage of the Revolving Committed Amount. Subject to the terms of this Credit Agreement (including Section 3.3), the Borrower may borrow, repay and reborrow Revolving Loans.

Appears in 1 contract

Samples: Credit Agreement (Career Education Corp)

Revolving Loan Commitment. Subject to the terms and conditions ------------------------- set forth herein, each Lender severally agrees to make revolving loans (each a "Revolving Loan" and collectively the "Revolving Loans") to -------------- --------------- the Borrower, in Dollars, at any time and from time to time, during the period from and including the Effective Closing Date to but not including the Maturity Date (or such earlier date if the Revolving Committed Amount has been terminated as provided herein); provided, however, -------- ------- that (i) the sum of the aggregate amount of Revolving Loans outstanding plus the aggregate amount of Swingline Loans LOC Obligations outstanding plus the aggregate amount of secured Indebtedness incurred by the Credit Parties pursuant to Section 8.1(h) in excess of $100,000,000 shall not exceed the lesser of (A) the Revolving Committed Amount minus the Excess Payables or (B) the Borrowing Base minus the Excess ----- ----- Payables and (ii) with respect to each individual Lender, the Lender's pro rata share of outstanding Revolving Loans plus such Lender's (other than Bank of America) pro rata share of outstanding Swingline Loans LOC Obligations shall not exceed such Lender's Revolving Loan Commitment Percentage of the lesser of (A) the Revolving Committed AmountAmount minus the Excess Payables, or (B) the Borrowing Base ----- minus the Excess Payables. Subject to the terms of this Credit ----- Agreement (including Section 3.3), the Borrower may borrow, repay and reborrow Revolving Loans.

Appears in 1 contract

Samples: Agreement (Gorges Quik to Fix Foods Inc)

Revolving Loan Commitment. Subject to the terms and conditions set forth herein, each Lender severally agrees to make revolving loans (each a "Revolving LoanREVOLVING LOAN" and collectively the "Revolving LoansREVOLVING LOANS") to the Borrower, in Dollars, at any time and from time to time, during the period from and including the Effective Closing Date to but not including the Maturity Date (or such earlier date if the Revolving Committed Amount has been terminated as provided herein); providedPROVIDED, howeverHOWEVER, that (i) the sum of the aggregate amount of Revolving Loans outstanding plus the aggregate amount of Swingline Loans LOC Obligations outstanding plus the aggregate amount of secured Indebtedness incurred by the Credit Parties pursuant to Section 8.1(h) in excess of $100,000,000 Swing Line Loans outstanding shall not exceed the Revolving Committed Amount and (ii) with respect to each individual Lender, the Lender's pro rata share of outstanding Revolving Loans plus such Lender's (other than Bank of America) pro rata share of outstanding Swingline LOC Obligations plus (other than the Swing Line Lender) such Lender's pro rata share of Swing Line Loans outstanding shall not exceed such Lender's Revolving Loan Commitment Percentage of the Revolving Committed Amount. Subject to the terms of this Credit Agreement (including Section 3.3), the Borrower may borrow, repay and reborrow Revolving Loans.

Appears in 1 contract

Samples: Credit Agreement (Medical Staffing Network Holdings Inc)

Revolving Loan Commitment. Subject to the terms and conditions set forth herein, each Lender severally agrees to make revolving loans (each a "Revolving Loan" and collectively the "Revolving Loans") to the Borrower, in Dollars, at any time and from time to time, during the period from and including the Effective Date to but not including the Maturity Date (or such earlier date if the Revolving Committed Amount has been terminated as provided herein); provided, however, that (i) the sum of the aggregate amount of Revolving Loans outstanding plus the aggregate amount of Swingline Loans Revolving LOC Obligations outstanding plus the aggregate amount of secured Indebtedness incurred by the Credit Parties pursuant to Section 8.1(h) in excess of $100,000,000 Synthetic Lease Obligations outstanding shall not exceed the Revolving Committed Amount and (ii) with respect to each individual Lender, the Lender's pro rata share of outstanding Revolving Loans plus such Lender's (other than Bank of America) pro rata share of outstanding Swingline Loans Revolving LOC Obligations plus such Lender's pro rata share of the aggregate amount of the outstanding Synthetic Lease Obligations shall not exceed such Lender's Revolving Loan Commitment Percentage of the Revolving Committed Amount. Subject to the terms of this Credit Agreement (including Section 3.3), the Borrower may borrow, repay and reborrow Revolving Loans.

Appears in 1 contract

Samples: Credit Agreement (Maxim Group Inc /)

Revolving Loan Commitment. Subject to the terms and conditions set forth herein, each Lender severally agrees to make revolving loans (each a "Revolving Loan" or "Loan" and collectively the "Revolving Loans" or "Loans") in Dollars to the Borrower, in DollarsBorrowers, at any time and from time to time, during the period from and including the Effective Closing Date to but not including the Maturity Date (or such earlier date if the Revolving Committed Amount has Commitments have been terminated as provided herein); provided, however, that after giving effect to any Borrowing (i) the sum of the aggregate principal amount of outstanding Revolving Loans outstanding plus the aggregate principal amount of Swingline Loans outstanding plus the aggregate amount of secured Indebtedness incurred by the Credit Parties pursuant to Section 8.1(h) in excess of $100,000,000 L/C Obligations shall not exceed the Revolving Committed Amount Amount, (ii) the sum of the principal amount of outstanding Revolving Loans plus the principal amount of outstanding L/C Obligations of each of TNMP and First Choice, as applicable, shall not exceed the Subsidiary Borrower Sublimit for such Person and (iiiii) with respect to each individual Lender, the Lender's pro rata share sum of the aggregate principal amount of outstanding Revolving Loans plus such Lender's (other than Bank of America) pro rata share the aggregate principal amount of outstanding Swingline Loans L/C Obligations of such Lender shall not exceed such Lender's Revolving Loan Commitment Percentage Pro Rata Share of the Revolving Committed Amount. Subject to the terms of this Credit Agreement (including Section 3.3), the Borrower Borrowers may borrow, repay and reborrow Revolving Loans.

Appears in 1 contract

Samples: Credit Agreement (PNM Resources Inc)

Revolving Loan Commitment. Subject Upon and subject to the terms and conditions set forth hereinhereof, (a) each Lender of the Lenders severally and for itself agrees to make revolving loans to the Borrower (each collectively called the Loans and individually called a "Revolving Loan" and collectively the "Revolving Loans") to the Borrower, in Dollars, at any time and from time to time, time on any Business Day during the period from and including the Amendment Effective Date to but the Commitment Termination Date, in such Lender's Pro Rata Share of such aggregate amounts as the Borrower may from time to time request from all Lenders, provided that the aggregate principal amount of all Loans which all Lenders shall be committed to have outstanding at any one time shall not including the Maturity Date (or such earlier date if the Revolving Committed Amount has been terminated as provided herein); provided, however, that exceed an amount equal to (i) the sum aggregate amount of the Commitments minus (ii) the LC Obligations; and (b) the LC Issuer agrees to issue letters of credit in accordance with Article III (the "Letters of Credit"), from time to time on any Business Day during the period from the Amendment Effective Date to the Commitment Termination Date and, as more fully set forth in Section 3.2, each Lender agrees to purchase a Risk Participation in such Letter of Credit, provided that the aggregate LC Obligations shall not at any time exceed the lesser of (i) $150,000,000 or (ii) an amount equal to (A) the aggregate amount of Revolving Loans outstanding plus the Commitments minus (B) the aggregate amount of Swingline Loans all outstanding plus Loans. In no event shall any Lender be required or permitted to make any Credit Extension if, immediately after giving effect to such Credit Extension and the aggregate amount application of secured Indebtedness incurred by the Credit Parties pursuant proceeds thereof to Section 8.1(h) in excess the extent applied to the repayment of $100,000,000 shall not exceed the Revolving Committed Amount and (ii) with respect to each individual Lenderany outstanding Obligations, the Lender's pro rata share of outstanding Revolving Loans plus such Lender's (other than Bank of America) pro rata share of outstanding Swingline Loans shall not Credit Extensions would exceed such Lender's Revolving Loan Commitment Percentage Commitment. Within the limits of the Revolving Committed Amount. Subject each Lender's Commitment, and subject to the other terms of this Credit Agreement (including Section 3.3)and conditions hereof, the Borrower may borrowborrow under this Section 2.1, repay prepay under Section 2.6 and reborrow Revolving Loansunder this Section 2.1.

Appears in 1 contract

Samples: Credit Agreement (Renaissancere Holdings LTD)

Revolving Loan Commitment. Subject to the terms and conditions set forth herein, including but not limited to Section 5.2, each Revolving Lender severally agrees to make revolving loans (each a "Revolving Loan" and collectively the "Revolving Loans") to the Borrower, in DollarsDollars or in one or more Alternative Currencies, at any time and from time to time, during the period from and including the Effective Closing Date to but not including the Maturity Date (or such earlier date if the Revolving Committed Amount has been terminated as provided herein); provided, however, that (i) the sum of the aggregate amount of the Dollar Equivalent amount of Revolving Loans outstanding plus the aggregate Dollar Equivalent amount of Swingline Loans outstanding plus the aggregate amount of secured Indebtedness incurred by the Credit Parties pursuant to Section 8.1(h) in excess of $100,000,000 LOC Obligations outstanding shall not exceed the Revolving Committed Amount and Amount, (ii) with respect to each individual Revolving Lender, the Revolving Lender's ’s pro rata share of outstanding Revolving Loans plus such Revolving Lender's (other than Bank of America) ’s pro rata share of outstanding Swingline Loans LOC Obligations shall not exceed such Revolving Lender's Revolving Loan ’s Commitment Percentage of the Revolving Committed AmountAmount and (iii) the aggregate amount of Revolving Loans denominated in Alternative Currencies shall not exceed the Alternative Currency Sublimit. Subject to the terms of this Credit Agreement (including Section 3.3), the Borrower may borrow, repay and reborrow Loans. On the Closing Date, all Revolving Loans shall be Base Rate Loans unless the Borrower shall have delivered at least three Business Days prior to the Closing Date, a funding indemnity letter in form and substance reasonably satisfactory to the Administrative Agent. Thereafter, Revolving Loans may be Base Rate Loans or Eurodollar Rate Loans, as further provided herein.

Appears in 1 contract

Samples: Credit Agreement (Polaris Industries Inc/Mn)

Revolving Loan Commitment. Subject to the terms and conditions set forth herein, each Lender severally agrees to make revolving loans (each a "Revolving Loan" and collectively the "Revolving Loans") to the Borrower, in Dollars, at any time and from time to time, during the period from and including the Effective Date to but not including the Revolving Loan Maturity Date (or such earlier date if the Revolving Committed Amount has been terminated as provided herein); provided, however, that (i) the sum of the aggregate amount of Revolving Loans outstanding plus the aggregate amount of Swingline LOC Obligations outstanding plus the aggregate amount of Swing Line Loans outstanding plus the aggregate amount of secured Indebtedness incurred by the Credit Parties pursuant to Section 8.1(h) in excess of $100,000,000 Foreign Currency Loans outstanding shall not exceed the Revolving Committed Amount and (ii) with respect to each individual Lender, the Lender's pro rata share of outstanding Revolving Loans plus such Lender's (other than Bank of America) pro rata share of outstanding Swingline Loans shall not exceed LOC Obligations plus (other than the Swing Line Lender) such Lender's Revolving Loan Commitment Percentage pro rata share of the Revolving Committed Amount. Subject to the terms Swing Line Loans outstanding plus such Lender's pro rata share of this Credit Agreement Foreign Currency Loans outstanding (including Section 3.3), the Borrower may borrow, repay and reborrow Revolving except for any Foreign Currency Loans.

Appears in 1 contract

Samples: Credit Agreement (Us Can Corp)

Revolving Loan Commitment. Subject to the terms and conditions set forth herein, each Lender severally agrees to make revolving loans (each a "Revolving LoanREVOLVING LOAN" and collectively the "Revolving LoansREVOLVING LOANS") to the Borrower, in Dollars, at any time and from time to time, during the period from and including the Effective Date to but not including the Revolving Loan Maturity Date (or such earlier date if the Revolving Committed Amount has been terminated as provided herein); providedPROVIDED, howeverHOWEVER, that (i) the sum of the aggregate amount of Revolving Loans outstanding plus the aggregate amount of Swingline Loans LOC Obligations outstanding plus the aggregate amount of secured Indebtedness incurred by the Credit Parties pursuant to Section 8.1(h) in excess of $100,000,000 Swing Line Loans outstanding shall not exceed the lesser of (x) the Revolving Committed Amount and (y) the Borrowing Base Assets and (ii) with respect to each individual LenderLender (other than Xxxxxxx with respect to Swing Line Loans), the a Lender's pro rata share of outstanding Revolving Loans plus PLUS such Lender's (other than Bank of America) pro rata share of outstanding Swingline Loans LOC Obligations PLUS such Lender's pro rata share of outstanding Swing Line Loans, if any, shall not exceed such Lender's Revolving Loan Commitment Percentage of the Revolving Committed Amount. Subject to the terms of this Credit Agreement (including Section 3.3), the Borrower may borrow, repay and reborrow Revolving Loans.

Appears in 1 contract

Samples: Credit Agreement (Jumbosports Inc)

Revolving Loan Commitment. Subject Upon and subject to the terms and conditions set forth hereinhereof, (a) each Lender of the Lenders severally and for itself agrees to make revolving loans (each a "Revolving Loan" and collectively the "Revolving Loans") in Dollars to the Borrower, in Dollars, at any time Borrower (collectively called the “Loans” and individually called a “Loan”) from time to time, time on any Business Day during the period from and including the Amendment Effective Date to but the Commitment Termination Date, in such Lender’s Applicable Percentage of such aggregate amounts as the Borrower may from time to time request from all Lenders, provided that the aggregate principal amount of all Loans which all Lenders shall be committed to have outstanding at any one time shall not including the Maturity Date (or such earlier date if the Revolving Committed Amount has been terminated as provided herein); provided, however, that exceed an amount equal to (i) the sum Aggregate Commitments minus (ii) the LC Obligations; and (b) each LC Issuer agrees to issue Letters of Credit in Dollars or an Alternative Currency from time to time on any Business Day during the period from the Amendment Effective Date to the Commitment Termination Date and, as more fully set forth in Section 3.1, each Lender agrees to purchase a risk participation in such Letter of Credit, provided that (x) the aggregate LC Obligations shall not at any time exceed the lesser of (i) the Letter of Credit Sublimit or (ii) an amount equal to (A) the Aggregate Commitments minus (B) the aggregate amount of Revolving all outstanding Loans outstanding plus and (y) Letters of Credit issued for the aggregate amount account of Swingline Loans outstanding plus the aggregate amount of secured Indebtedness incurred by the Credit Parties pursuant to Section 8.1(h) in excess of $100,000,000 Subsidiaries which are not Insurance Subsidiaries shall not exceed the Revolving Committed Amount Non-Insurance Sub LC Sublimit. In no event shall any Lender be required or permitted to make any Credit Extension if, immediately after giving effect to such Credit Extension and (ii) with respect the application of the proceeds thereof to each individual Lenderthe extent applied to the repayment of any outstanding Obligations, the Lender's pro rata share of outstanding Revolving Loans plus such Lender's (other than Bank of America) pro rata share of outstanding Swingline Loans shall not ’s Credit Extensions would exceed such Lender's Revolving Loan Commitment Percentage ’s Commitment. Within the limits of the Revolving Committed Amount. Subject each Lender’s Commitment, and subject to the other terms of this Credit Agreement (including Section 3.3)and conditions hereof, the Borrower may borrowborrow under this Section 2.1, repay prepay under Section 2.3 and reborrow Revolving Loansunder this Section 2.1.

Appears in 1 contract

Samples: Credit Agreement (Renaissancere Holdings LTD)

Revolving Loan Commitment. Subject to the terms and conditions set forth herein, each Lender severally agrees to make revolving loans (each a "Revolving LoanREVOLVING LOAN" and collectively the "Revolving LoansREVOLVING LOANS") to the Borrower, in Dollars, at any time and from time to time, during the period from and including the Effective Date to but not including the Maturity Date (or such earlier date if the Revolving Committed Amount has been terminated as provided herein); providedPROVIDED, howeverHOWEVER, that (i) the sum of the aggregate amount of Revolving Loans outstanding plus the aggregate amount of Swingline LOC Obligations outstanding plus the aggregate amount of Synthetic Lease Obligations outstanding shall not exceed (A) the lesser of (x) the Revolving Committed Amount and (y) the Borrowing Base Assets and (B) until such time as the Indenture Default is cured or an Acceleration Event occurs, $15,000,000; PROVIDED FURTHER, HOWEVER, that if an Acceleration Event occurs, the sum of the aggregate amount of Revolving Loans outstanding plus the aggregate amount of secured Indebtedness incurred by LOC Obligations outstanding plus the Credit Parties pursuant aggregate amount of Synthetic Lease Obligations outstanding may only exceed $15,000,000 if such excess amount is used to Section 8.1(h) in excess of $100,000,000 shall not exceed retire the Revolving Committed Amount Securities and (ii) with respect to each individual Lender, the Lender's pro rata share of outstanding Revolving Loans plus such Lender's (other than Bank of America) pro rata share of outstanding Swingline Loans LOC Obligations plus such Lender's pro rata share of the aggregate amount of the outstanding Synthetic Lease Obligations shall not exceed such Lender's Revolving Loan Commitment Percentage of the Revolving Committed Amount. Subject to the terms of this Credit Agreement (including Section 3.3), the Borrower may borrow, repay and reborrow Revolving Loans.

Appears in 1 contract

Samples: Credit Agreement (Maxim Group Inc /)

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