Common use of Revolving Loan Commitment Clause in Contracts

Revolving Loan Commitment. 1. Subject to and upon the terms and conditions herein set forth, each Lender that has a Revolving Loan Commitment (referred to as a "Revolving Loan Lender") severally agrees to make to the Borrower from time to time on and after the Effective Date (and continue "Loans" under (and as such term is defined in) the Existing Loan Agreement which are outstanding on the Effective Date), but prior to the Revolving Loan Commitment Termination Date, Revolving Loans in an aggregate amount outstanding at any time not to exceed such Lender's Revolving Percentage minus such Lender's Revolving Percentage of the Swingline Loans minus such Lender's Revolving Percentage of the Letter of Credit Obligations, subject, however, to the conditions that (i) at no time shall the sum of the (x) the outstanding principal amount of all Revolving Loans, plus (y) the outstanding principal amount of all Swingline Loans, plus (z) the outstanding Letter of Credit Obligations, exceed the Revolving Loan Commitment Amount, and (ii) at all times shall the outstanding principal amount of the Revolving Loans of each Lender equal the product of each Lender's Revolving Percentage multiplied by the aggregate outstanding amount of the Revolving Loans. The Borrower shall be entitled to repay and reborrow Revolving Loans in accordance with the provisions hereof.

Appears in 2 contracts

Sources: Credit Agreement (Intermet Corp), Credit Agreement (Ironton Iron Inc)

Revolving Loan Commitment. 1. Subject to and upon the terms and conditions herein set forthforth herein, each Lender that has a Revolving Loan Commitment (referred to as a "Revolving Loan Lender") severally agrees to make revolving loans (each a “Revolving Loan” and collectively the “Revolving Loans”) in Dollars to the Borrower Borrower, at any time and from time to time on time, during the period from and after including the Effective Closing Date to but not including the Maturity Date (and continue "Loans" under (and or such earlier date if the Commitments have been terminated as such term is defined in) the Existing Loan Agreement which are outstanding on the Effective Dateprovided herein), but prior to the Revolving Loan Commitment Termination Date, Revolving Loans in an aggregate amount outstanding at any time not to exceed such Lender's Revolving Percentage minus such Lender's Revolving Percentage of the Swingline Loans minus such Lender's Revolving Percentage of the Letter of Credit Obligations, subject; provided, however, that after giving effect to the conditions that any Borrowing (i) at no time shall 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 lesser of (x) the outstanding principal amount of all Revolving Loans, plus Committed Amount and (y) the outstanding face amount of the First Mortgage Bonds (or, during any FMB Release Period, the sum of the aggregate principal amount of all Swingline Loans, outstanding Revolving Loans plus (z) the aggregate principal amount of outstanding Letter L/C Obligations plus the aggregate principal amount of Credit Obligations, outstanding Swing Line Loans shall not exceed the Revolving Loan Commitment Committed Amount, ) and (ii) at all times shall with respect to each individual Lender, the outstanding sum of the aggregate principal amount of the outstanding Revolving Loans of each such Lender equal the product plus such Lender’s Pro Rata Share of each Lender's Revolving Percentage multiplied by the aggregate outstanding principal amount of outstanding L/C Obligations and Swing Line Loans shall not exceed such Lender’s Commitment. Subject to the Revolving Loans. The terms of this Credit Agreement (including Section 3.3), the Borrower shall be entitled to may borrow, repay and reborrow Revolving Loans in accordance with the provisions hereofLoans.

Appears in 2 contracts

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

Revolving Loan Commitment. 1. Subject to and upon the terms and conditions herein set forthforth herein, each Lender that who has a Revolving Loan Commitment Percentage that is greater than zero (referred to as a the "Revolving Loan LenderLenders") severally agrees to make revolving loans (each a "Revolving Loan" and collectively the "Revolving Loans") to the Borrower Borrower, in Dollars, at any time and from time to time on time, during the period from and after including the Effective Date (and continue "Loans" under (and as such term is defined in) the Existing Loan Agreement which are outstanding on the Effective Date), to but prior to not including the Revolving Loan Maturity Date (or such earlier date if the Revolving Committed Amount has been terminated as provided herein) equal to its Revolving Loan Commitment Termination Date, Percentage of each of the Revolving Loans in an aggregate amount outstanding at any time not to exceed such Lender's Revolving Percentage minus such Lender's Revolving Percentage of requested by the Swingline Loans minus such Lender's Revolving Percentage of the Letter of Credit Obligations, subjectBorrower; provided, however, to the conditions that (i) at no time shall the sum of the (x) the outstanding principal aggregate amount of all Revolving Loans, Loans outstanding plus (y) the outstanding principal aggregate amount of all Swingline Loans, plus (z) the LOC Obligations outstanding Letter of Credit Obligations, shall not exceed the Revolving Loan Commitment Amount, Committed Amount and (ii) at all times 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 pro rata share of outstanding LOC Obligations shall the outstanding principal amount not exceed such Revolving Loan Lender's Revolving Loan Commitment Percentage of the Revolving Loans Committed Amount. Subject to the terms of each Lender equal this Credit Agreement (including Section 3.3), the product of each Lender's Revolving Percentage multiplied by the aggregate outstanding amount of the Revolving Loans. The Borrower shall be entitled to may borrow, repay and reborrow Revolving Loans in accordance with the provisions hereofLoans.

Appears in 2 contracts

Sources: Credit Agreement (Ivex Packaging Corp /De/), Credit Agreement (Ivex Packaging Corp /De/)

Revolving Loan Commitment. 1. Subject to and upon the terms and conditions herein set forthforth herein, each Lender that has a Revolving Loan Commitment (referred to as a "Revolving Loan Lender") severally agrees to make revolving loans (each a "Revolving Loan" and collectively the "Revolving Loans") to the Borrower Borrower, in Dollars, at any time and from time to time on time, during the period from and after including the Effective Date to but not including the Maturity Date (and continue "Loans" under or such earlier date if the Revolving Committed Amount has been terminated as provided herein); provided, however, that (and as such term is defined ini) the Existing Loan Agreement which are sum of the aggregate amount of Revolving Loans outstanding on plus the Effective Date), but prior 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 Loan Commitment Termination DateCommitted Amount and (ii) with respect to each individual Lender, the Lender's pro rata share of outstanding Revolving Loans in an aggregate amount plus such Lender's (other than Bank of America) pro rata share of outstanding at any time Swingline Loans shall not to exceed such Lender's Revolving Percentage minus such Lender's Revolving Loan Commitment Percentage of the Swingline Loans minus such Lender's Revolving Percentage of the Letter of Credit Obligations, subject, however, Committed Amount. Subject to the conditions that terms of this Credit Agreement (i) at no time shall including Section 3.3), the sum of the (x) the outstanding principal amount of all Revolving LoansBorrower may borrow, plus (y) the outstanding principal amount of all Swingline Loans, plus (z) the outstanding Letter of Credit Obligations, exceed the Revolving Loan Commitment Amount, and (ii) at all times shall the outstanding principal amount of the Revolving Loans of each Lender equal the product of each Lender's Revolving Percentage multiplied by the aggregate outstanding amount of the Revolving Loans. The Borrower shall be entitled to repay and reborrow Revolving Loans in accordance with the provisions hereofLoans.

Appears in 2 contracts

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

Revolving Loan Commitment. 1. Subject to and upon the terms and conditions herein set forthforth herein, each Lender that has a Revolving Loan Commitment (referred to as a "Revolving Loan Lender") severally agrees to make revolving loans (each a "Revolving Loan" and collectively the "Revolving Loans") to the Borrower Borrower, in Dollars, at any time and from time to time on time, during the period from and after including the Effective Initial Funding Date to but not including the Maturity Date (and continue "Loans" under or such earlier date if the Revolving Committed Amount has been terminated as provided herein); provided, however, that (and as such term is defined ini) the Existing Loan Agreement which are sum of the aggregate amount of Revolving Loans outstanding on plus the Effective Date), but prior to aggregate amount of LOC Obligations outstanding plus the aggregate amount of Swing Line Loans outstanding shall not exceed the Revolving Loan Commitment Termination DateCommitted Amount and (ii) with respect to each individual Lender, the Lender's pro rata share of outstanding Revolving Loans in an aggregate amount plus such Lender's pro rata share of outstanding at any time LOC Obligations plus (other than the Swing Line Lender) such Lender's pro rata share of Swing Line Loans outstanding shall not to exceed such Lender's Revolving Percentage minus such Lender's Revolving Loan Commitment Percentage of the Swingline Loans minus such Lender's Revolving Percentage of the Letter of Credit Obligations, subject, however, Committed Amount. Subject to the conditions that terms of this Credit Agreement (i) at no time shall including Section 3.3), the sum of the (x) the outstanding principal amount of all Revolving LoansBorrower may borrow, plus (y) the outstanding principal amount of all Swingline Loans, plus (z) the outstanding Letter of Credit Obligations, exceed the Revolving Loan Commitment Amount, and (ii) at all times shall the outstanding principal amount of the Revolving Loans of each Lender equal the product of each Lender's Revolving Percentage multiplied by the aggregate outstanding amount of the Revolving Loans. The Borrower shall be entitled to repay and reborrow Revolving Loans in accordance with the provisions hereofLoans.

Appears in 2 contracts

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

Revolving Loan Commitment. 1. Subject to and upon the terms and conditions herein set forthforth herein, each Lender that has a Revolving Loan Commitment (referred to as a "Revolving Loan Lender") severally agrees to make revolving loans (each a "Revolving Loan" and collectively the "Revolving Loans") in Dollars to the Borrower Borrower, at any time and from time to time on time, during the period from and after including the Effective Closing Date to but not including the Maturity Date (and continue "Loans" under or such earlier date if the Commitments have been terminated as provided herein); provided, however, that after giving effect to any Borrowing (and as such term is defined ini) the Existing Loan Agreement which are sum of the aggregate principal amount of outstanding on Revolving Loans plus the Effective Date), but prior to aggregate principal amount of outstanding L/C Obligations plus the aggregate principal amount of outstanding Swing Line Loans shall not exceed the Revolving Loan Commitment Termination DateCommitted Amount and (ii) with respect to each individual Lender, the sum of the aggregate principal amount of outstanding Revolving Loans in an of such Lender plus such Lender's Pro Rata Share of the aggregate principal amount of outstanding at any time L/C Obligations and Swing Line Loans shall not to exceed such Lender's Revolving Percentage minus such Lender's Revolving Percentage of the Swingline Loans minus such Lender's Revolving Percentage of the Letter of Credit Obligations, subject, however, Commitment. Subject to the conditions that terms of this Credit Agreement (i) at no time shall including Section 3.3), the sum of the (x) the outstanding principal amount of all Revolving LoansBorrower may borrow, plus (y) the outstanding principal amount of all Swingline Loans, plus (z) the outstanding Letter of Credit Obligations, exceed the Revolving Loan Commitment Amount, and (ii) at all times shall the outstanding principal amount of the Revolving Loans of each Lender equal the product of each Lender's Revolving Percentage multiplied by the aggregate outstanding amount of the Revolving Loans. The Borrower shall be entitled to repay and reborrow Revolving Loans in accordance with the provisions hereofLoans.

Appears in 2 contracts

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

Revolving Loan Commitment. 1. Subject to and upon the terms and conditions herein set forthforth herein, each Lender that has a Revolving Loan Commitment (referred to as a "Revolving Loan Lender") severally agrees to make revolving loans (each a "Revolving Loan" and collectively the "Revolving Loans") to the Borrower Borrower, in Dollars or in Foreign Currency, at any time and from time to time on time, during the period from and after including the Effective Date (and continue "Loans" under (and as such term is defined in) the Existing Loan Agreement which are outstanding on the Effective Date), to but prior to not including the Revolving Loan Commitment Termination DateMaturity 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 in an outstanding plus the aggregate amount of LOC Obligations outstanding at any time plus the aggregate amount of Swing Line Loans outstanding plus the aggregate amount of Competitive Bid Loans outstanding shall not exceed the Revolving Committed Amount, (ii) with respect to each individual Lender, the Lender's pro rata share of outstanding Revolving Loans plus such Lender's pro rata share of outstanding LOC Obligations shall not exceed such Lender's Revolving Percentage minus such Lender's Revolving Loan Commitment Percentage of the Swingline Revolving Committed Amount and (iii) the amount of Revolving Loans minus such Lender's Revolving Percentage outstanding in Foreign Currency plus Competitive Bid Loans outstanding in Foreign Currency shall not exceed the U.S. Dollar Equivalent of the Letter of Credit Obligations, subject, however, Fifty Million Dollars ($50,000,000). Subject to the conditions that terms of this Credit Agreement (i) at no time shall including Section 3.3), the sum of the (x) the outstanding principal amount of all Revolving LoansBorrower may borrow, plus (y) the outstanding principal amount of all Swingline Loans, plus (z) the outstanding Letter of Credit Obligations, exceed the Revolving Loan Commitment Amount, and (ii) at all times shall the outstanding principal amount of the Revolving Loans of each Lender equal the product of each Lender's Revolving Percentage multiplied by the aggregate outstanding amount of the Revolving Loans. The Borrower shall be entitled to repay and reborrow Revolving Loans in accordance with the provisions hereofLoans.

Appears in 2 contracts

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

Revolving Loan Commitment. 1. Subject Upon and subject to and upon the terms and conditions herein set forthforth herein, (a) each Lender that has a Revolving Loan Commitment (referred to as a "Revolving Loan 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 issue, extend and after renew in such Lender’s Applicable Percentage, Several Letters of Credit at the Effective Date (request of and continue "Loans" under (and as such term is defined in) for the Existing Loan Agreement which are outstanding on account of the Effective Date)Borrower, but prior any Insurance Subsidiary or, subject to the Revolving Loan Commitment Termination Date, Revolving Loans in an aggregate amount outstanding at any time not to exceed such Lender's Revolving Percentage minus such Lender's Revolving Percentage of the Swingline Loans minus such Lender's Revolving Percentage of the Non-Insurance Subsidiary Letter of Credit ObligationsSublimit, subjectNon-Insurance Subsidiaries, from time to time during the 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 each Lender agrees to purchase risk participations in the obligations of the Fronting Bank under the Fronted Letters of Credit as more fully set forth in Section 3.1; provided, however, that after giving effect to the conditions that (i) at no time shall the sum of the any Credit Extension, (x) the outstanding principal amount of all Revolving LoansTotal Outstandings shall not exceed the Aggregate Commitments, plus (y) the outstanding principal amount aggregate Outstanding Amounts of all Swingline Loans, plus any Lender shall not exceed such Lender’s Commitment and (z) the outstanding aggregate LC Obligations with respect to Letters of Credit issued for the account of Non-Insurance Subsidiaries shall not exceed the Non-Insurance Subsidiary Letter of Credit ObligationsSublimit. Within the limits of this Section 2.1 and subject to the other terms and conditions hereof, exceed the Revolving Loan Commitment AmountBorrower may borrow Loans under this Section 2.1, and (ii) at all times shall the outstanding principal amount of the Revolving prepay Loans of each Lender equal the product of each Lender's Revolving Percentage multiplied by the aggregate outstanding amount of the Revolving Loans. The Borrower shall be entitled to repay under Section 2.3 and reborrow Revolving Loans in accordance with the provisions hereofunder this Section 2.1.

Appears in 2 contracts

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

Revolving Loan Commitment. 1. Subject to and upon the terms and conditions herein set forthforth herein, each Lender that has a Revolving Loan Commitment (referred to as a "Revolving Loan 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 Borrower, at any time and from time to time on time, during the period from and after including the Effective Closing Date to but not including the Maturity Date (and continue "Loans" under (and or such earlier date if the Commitments have been terminated as such term is defined in) the Existing Loan Agreement which are outstanding on the Effective Dateprovided herein), but prior to the Revolving Loan Commitment Termination Date, Revolving Loans in an aggregate amount outstanding at any time not to exceed such Lender's Revolving Percentage minus such Lender's Revolving Percentage of the Swingline Loans minus such Lender's Revolving Percentage of the Letter of Credit Obligations, subject; provided, however, that after giving effect to the conditions that any Borrowing (i) at no time shall the sum of the aggregate principal amount of outstanding Revolving Loans plus the aggregate principal amount of outstanding L/C Obligations shall not exceed the lesser of (x) the outstanding principal amount of all Revolving Loans, plus Committed Amount and (y) the outstanding face amount of the First Mortgage Bonds (or, during any FMB Release Period, the sum of the aggregate principal amount of all Swingline Loans, outstanding Revolving Loans plus (z) the aggregate principal amount of outstanding Letter of Credit Obligations, L/C Obligations shall not exceed the Revolving Loan Commitment Committed Amount, ) and (ii) at all times shall with respect to each individual Lender, the outstanding sum of the aggregate principal amount of the outstanding Revolving Loans of each Lender equal the product of each Lender's Revolving Percentage multiplied by plus the aggregate principal amount of outstanding amount L/C Obligations of such Lender shall not exceed such Lender’s Pro Rata Share of the Revolving LoansCommitted Amount. The Subject to the terms of this Credit Agreement (including Section 3.3), the Borrower shall be entitled to may borrow, repay and reborrow Revolving Loans in accordance with the provisions hereofLoans.

Appears in 2 contracts

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

Revolving Loan Commitment. 1. Subject to and upon the terms and conditions set forth herein set forthand pursuant to this Section 2.1, each Lender that has a Revolving Loan Commitment (referred to as a "Revolving Loan Lender") Lender severally agrees to make revolving loans (each a “Revolving Loan” and collectively the “Revolving Loans”) to the Borrower Borrowers, in Dollars, at any time and from time to time on time, during the period from and after including the Effective Date (and continue "Loans" under (and as such term is defined in) the Existing Loan Agreement which are outstanding on the Effective Date)to, but prior to not including, the Revolving Loan Commitment Termination Date, Maturity Date or such earlier date as the Revolving Loans in an aggregate amount outstanding at any time not to exceed such Lender's Revolving Percentage minus such Lender's Revolving Percentage of the Swingline Loans minus such Lender's Revolving Percentage of the Letter of Credit Obligations, subjectCommitted Amount has been terminated as provided herein; provided, however, to the conditions that (i) at no time shall the sum of the (x) the outstanding aggregate principal amount of all Revolving LoansLoans outstanding plus the aggregate amount of LOC Obligations outstanding shall not exceed the Revolving Committed Amount, (ii) with respect to each individual Lender, such Lender’s pro rata share of outstanding Committed Loans plus such Lender’s pro rata share of outstanding LOC Obligations shall not exceed such Lender’s Revolving Loan Commitment and (yiii) the outstanding aggregate principal amount of all Swingline Loans, plus (z) the outstanding Letter of Credit Obligations, such Revolving Loan shall not exceed the Revolving Loan Commitment AmountCredit Availability at such time. Subject to the terms of this Credit Agreement (including Section 3.3), the Borrowers may borrow, repay and (ii) at all times shall the outstanding principal amount of the Revolving Loans of each Lender equal the product of each Lender's Revolving Percentage multiplied by the aggregate outstanding amount of the reborrow Revolving Loans. The Borrower 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 entitled to repay and reborrow Revolving Loans in accordance with the provisions hereofconclusive absent prima facie error.

Appears in 2 contracts

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

Revolving Loan Commitment. 1. Subject to and upon the terms and conditions herein set forthforth herein, each Lender that has a Revolving Loan Commitment (referred to as a "Revolving Loan Lender") severally agrees to make revolving loans (each a “Revolving Loan” and collectively the “Revolving Loans”) in Dollars to the Borrower Borrower, at any time and from time to time on time, during the period from and after including the Effective Closing Date to but not including the Maturity Date (and continue "Loans" under (and or such earlier date if the Commitments have been terminated as such term is defined in) the Existing Loan Agreement which are outstanding on the Effective Dateprovided herein), but prior to the Revolving Loan Commitment Termination Date, Revolving Loans in an aggregate amount outstanding at any time not to exceed such Lender's Revolving Percentage minus such Lender's Revolving Percentage of the Swingline Loans minus such Lender's Revolving Percentage of the Letter of Credit Obligations, subject; provided, however, that after giving effect to the conditions that any Borrowing (i) at no time shall 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 lesser of (x) the outstanding principal amount of all Revolving Loans, plus Committed Amount and (y) the outstanding aggregate face amount of the First Mortgage Bonds (or, during any FMB Release Period, the sum of the aggregate principal amount of all Swingline Loans, outstanding Revolving Loans plus (z) the aggregate principal amount of outstanding Letter L/C Obligations plus the aggregate principal amount of Credit Obligations, outstanding Swing Line Loans shall not exceed the Revolving Loan Commitment Committed Amount, ) and (ii) at all times shall with respect to each individual Lender, the outstanding sum of the aggregate principal amount of the outstanding Revolving Loans of each such Lender equal the product plus such Lender’s Pro Rata Share of each Lender's Revolving Percentage multiplied by the aggregate outstanding principal amount of outstanding L/C Obligations and Swing Line Loans shall not exceed such Lender’s Commitment. Subject to the Revolving Loans. The terms of this Credit Agreement (including Section 3.3), the Borrower shall be entitled to may borrow, repay and reborrow Revolving Loans in accordance with the provisions hereofLoans.

Appears in 1 contract

Sources: Credit Agreement (Public Service Co of New Mexico)

Revolving Loan Commitment. 1. Subject to and upon the terms and conditions herein set forthforth herein, each Lender that has a Revolving Loan Commitment (referred to as a "Revolving Loan Lender") severally agrees to make revolving loans (each a "Revolving Loan" and collectively the "Revolving Loans") to the Borrower Borrower, in Dollars, at any time and from time to time on time, during the period from and after including the Effective Date to but not including the Maturity Date (and continue "Loans" under or such earlier date if the Revolving Committed Amount has been terminated as provided herein); provided, however, that (and as such term is defined ini) the Existing Loan Agreement which are sum of the aggregate amount of Revolving Loans outstanding on plus the Effective Date), but prior to aggregate amount of LOC Obligations outstanding plus the aggregate amount of Swingline Loans outstanding shall not exceed the Revolving Loan Commitment Termination DateCommitted Amount and (ii) with respect to each individual Lender, the Lender's pro rata share of outstanding Revolving Loans in an aggregate amount plus such Lender's pro rata share of outstanding at any time LOC Obligations plus (other than the Swingline Lender) such Lender's pro rata share of Swingline Loans outstanding shall not to exceed such Lender's Revolving Percentage minus such Lender's Revolving Loan Commitment Percentage of the Swingline Loans minus such Lender's Revolving Percentage of the Letter of Credit Obligations, subject, however, Committed Amount. Subject to the conditions that terms of this Credit Agreement (i) at no time shall including Section 3.3), the sum of the (x) the outstanding principal amount of all Revolving LoansBorrower may borrow, plus (y) the outstanding principal amount of all Swingline Loans, plus (z) the outstanding Letter of Credit Obligations, exceed the Revolving Loan Commitment Amount, and (ii) at all times shall the outstanding principal amount of the Revolving Loans of each Lender equal the product of each Lender's Revolving Percentage multiplied by the aggregate outstanding amount of the Revolving Loans. The Borrower shall be entitled to repay and reborrow Revolving Loans in accordance with the provisions hereofLoans.

Appears in 1 contract

Sources: Credit Agreement (Ryans Family Steakhouses Inc)

Revolving Loan Commitment. 1. Subject to and upon the terms and conditions herein set forthforth herein, each Lender that has a Revolving Loan Commitment (referred to as a "Revolving Loan Lender") severally agrees to make revolving loans (each a "Revolving Loan" and collectively the "Revolving Loans") to the Borrower Borrower, in Dollars, at any time and from time to time on time, during the period from and after including the Effective Date to but not including the Maturity Date (and continue "Loans" under or such earlier date if the Revolving Committed Amount has been terminated as provided herein); provided, however, that (and as such term is defined ini) the Existing Loan Agreement which are sum of the aggregate amount of Revolving Loans outstanding on plus the Effective Dateaggregate amount of Swingline Loans outstanding plus the aggregate amount of secured Indebtedness incurred by the Credit Parties, pursuant to Section 8.1(h), but prior to in excess of $100,000,000 shall not exceed the Revolving Loan Commitment Termination DateCommitted Amount and (ii) with respect to each individual Lender, the Lender's pro rata share of outstanding Revolving Loans in an aggregate amount plus such Lender's (other than Bank of America) pro rata share of outstanding at any time Swingline Loans shall not to exceed such Lender's Revolving Percentage minus such Lender's Revolving Loan Commitment Percentage of the Swingline Loans minus such Lender's Revolving Percentage of the Letter of Credit Obligations, subject, however, Committed Amount. Subject to the conditions that terms of this Credit Agreement (i) at no time shall including Section 3.3), the sum of the (x) the outstanding principal amount of all Revolving LoansBorrower may borrow, plus (y) the outstanding principal amount of all Swingline Loans, plus (z) the outstanding Letter of Credit Obligations, exceed the Revolving Loan Commitment Amount, and (ii) at all times shall the outstanding principal amount of the Revolving Loans of each Lender equal the product of each Lender's Revolving Percentage multiplied by the aggregate outstanding amount of the Revolving Loans. The Borrower shall be entitled to repay and reborrow Revolving Loans in accordance with the provisions hereofLoans.

Appears in 1 contract

Sources: 364 Day Credit Agreement (Pulte Corp)

Revolving Loan Commitment. 1. Subject to and upon the terms and conditions herein set forthforth herein, each Lender that has a Revolving Loan Commitment (referred to as a "Revolving Loan 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 Borrowers, at any time and from time to time on time, during the period from and after including the Effective Closing Date to but not including the Maturity Date (and continue "Loans" under or such earlier date if the Commitments have been terminated as provided herein); provided, however, that after giving effect to any Borrowing (and as such term is defined ini) the Existing Loan Agreement which are sum of the aggregate principal amount of outstanding on Revolving Loans plus the Effective Date), but prior to aggregate principal amount of outstanding L/C Obligations shall not exceed the Revolving Loan Commitment Termination DateCommitted Amount, (ii) the sum of the principal amount of outstanding Revolving Loans in an 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 (iii) with respect to each individual Lender, the sum of the aggregate principal amount of outstanding at any time Revolving Loans plus the aggregate principal amount of outstanding L/C Obligations of such Lender shall not to exceed such Lender's Revolving Percentage minus such Lender's Revolving Percentage of the Swingline Loans minus such Lender's Revolving Percentage of the Letter of Credit Obligations, subject, however, to the conditions that (i) at no time shall the sum of the (x) the outstanding principal amount of all Revolving Loans, plus (y) the outstanding principal amount of all Swingline Loans, plus (z) the outstanding Letter of Credit Obligations, exceed the Revolving Loan Commitment Amount, and (ii) at all times shall the outstanding principal amount Pro Rata Share of the Revolving Loans Committed Amount. Subject to the terms of each Lender equal this Credit Agreement (including Section 3.3), the product of each Lender's Revolving Percentage multiplied by the aggregate outstanding amount of the Revolving Loans. The Borrower shall be entitled to Borrowers may borrow, repay and reborrow Revolving Loans in accordance with the provisions hereofLoans.

Appears in 1 contract

Sources: Credit Agreement (PNM Resources Inc)

Revolving Loan Commitment. 1. (i) Subject to and upon the terms and conditions herein set forthforth herein, each Lender that has a Revolving Loan Commitment (referred to as a "Revolving Loan Lender") severally agrees to make revolving loans (each a "Revolving Loan" and collectively the "Revolving Loans") to the Borrower Borrower, in Dollars, at any time and from time to time on time, during the period from and after including the Effective Date to but not including the Maturity Date (and continue "Loans" under or such earlier date if the Revolving Committed Amount has been terminated as provided herein); provided, however, that (and as such term is defined inA) the Existing Loan Agreement which are sum of the aggregate amount of Revolving Loans outstanding on plus the Effective Dateaggregate amount of Swingline Loans outstanding plus the aggregate amount of all LC Obligations outstanding shall not exceed the Revolving Committed Amount and (B) with respect to each individual Lender (other than the Swingline Lender), but prior to the Revolving Loan Commitment Termination Date, Lender's Pro Rata Share of outstanding Revolving Loans in an aggregate amount plus such Lender's Pro Rata Share of outstanding at any time Swingline Loans plus such Lender's Pro Rata Share of outstanding LC Obligations shall not to exceed such Lender's Revolving Percentage minus such Lender's Revolving Percentage of the Swingline Loans minus such Lender's Revolving Percentage of the Letter of Credit Obligations, subject, however, Commitment. Subject to the conditions that terms of this Credit Agreement (i) at no time shall including Section 3.3), the sum of the (x) the outstanding principal amount of all Revolving LoansBorrower may borrow, plus (y) the outstanding principal amount of all Swingline Loans, plus (z) the outstanding Letter of Credit Obligations, exceed the Revolving Loan Commitment Amount, and (ii) at all times shall the outstanding principal amount of the Revolving Loans of each Lender equal the product of each Lender's Revolving Percentage multiplied by the aggregate outstanding amount of the Revolving Loans. The Borrower shall be entitled to repay and reborrow Revolving Loans Loans. (ii) Subject to the terms and conditions set forth herein, each Lender severally agrees to participate in accordance with Facility LCs issued pursuant to Section 4 for the provisions hereofaccount of the Borrower; provided that in no event may the aggregate amount of all outstanding LC Obligations exceed the lesser of (A) the Aggregate LC Commitment or (B) an amount equal to the Revolving Committed Amount minus the sum of all outstanding Loans.

Appears in 1 contract

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

Revolving Loan Commitment. 1. Subject to and upon the terms and conditions herein set forthforth herein, each Lender that has a Revolving Loan Commitment (referred to as a "Revolving Loan Lender") severally agrees to make revolving loans (each a "Revolving Loan" and collectively the "Revolving Loans") to the Borrower Borrower, in Dollars, at any time and from time to time on time, during the period from and after including the Effective Date (and continue "Loans" under (and as such term is defined in) the Existing Loan Agreement which are outstanding on the Effective Date), to but prior to not including the Revolving Loan Commitment Termination Date, Maturity Date (or such earlier date if the Revolving Loans in an aggregate amount outstanding at any time not to exceed such Lender's Revolving Percentage minus such Lender's Revolving Percentage of the Swingline Loans minus such Lender's Revolving Percentage of the Letter of Credit Obligations, subjectCommitted Amount has been terminated as provided herein); provided, however, to the conditions that (i) at no time shall the sum of the (x) the outstanding principal aggregate amount of all Revolving Loans, Loans outstanding plus (y) the outstanding principal aggregate amount of all Swingline Loans, LOC Obligations outstanding plus (z) the aggregate amount of Swing Line Loans outstanding Letter plus the aggregate amount of Credit Obligations, Foreign Currency Loans outstanding shall not exceed the Revolving Loan Commitment Amount, Committed Amount and (ii) at all times shall with respect to each individual Lender, the Lender's pro rata share of outstanding principal amount of the Revolving Loans of each Lender equal the product of each plus such Lender's Revolving Percentage multiplied by pro rata share of outstanding LOC Obligations plus (other than the aggregate Swing Line Lender) such Lender's pro rata share of Swing Line Loans outstanding amount plus such Lender's pro rata share of the Revolving Foreign Currency Loans outstanding (except for any Foreign Currency Loans. The Borrower shall be entitled to repay and reborrow Revolving Loans in accordance with the provisions hereof.

Appears in 1 contract

Sources: Credit Agreement (Us Can Corp)

Revolving Loan Commitment. 1. Subject to and upon the terms and conditions herein set forthforth herein, each Lender that has a Revolving Loan Commitment (referred to as a "Revolving Loan Lender") severally agrees to make revolving loans (each a "REVOLVING LOAN" and collectively the "REVOLVING LOANS") to the Borrower Borrower, in Dollars, at any time and from time to time on time, during the period from and after including the Effective Date to but not including the Maturity Date (and continue "Loans" under or such earlier date if the Revolving Committed Amount has been terminated as provided herein); PROVIDED, HOWEVER, that (and as such term is defined ini) the Existing Loan Agreement which are sum of the aggregate amount of Revolving Loans outstanding on plus the Effective Date), but prior to aggregate amount of LOC Obligations outstanding plus the aggregate amount of Synthetic Lease Obligations outstanding shall not exceed (A) the lesser of (x) the Revolving Loan Commitment Termination DateCommitted 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 in an outstanding plus the aggregate amount of LOC Obligations outstanding at any time plus the aggregate amount of Synthetic Lease Obligations outstanding may only exceed $15,000,000 if such excess amount is used to retire the Securities and (ii) with respect to each individual Lender, the Lender's pro rata share of outstanding Revolving Loans plus such Lender's pro rata share of outstanding LOC Obligations plus such Lender's pro rata share of the aggregate amount of the outstanding Synthetic Lease Obligations shall not to exceed such Lender's Revolving Percentage minus such Lender's Revolving Loan Commitment Percentage of the Swingline Loans minus such Lender's Revolving Percentage of the Letter of Credit Obligations, subject, however, Committed Amount. Subject to the conditions that terms of this Credit Agreement (i) at no time shall including Section 3.3), the sum of the (x) the outstanding principal amount of all Revolving LoansBorrower may borrow, plus (y) the outstanding principal amount of all Swingline Loans, plus (z) the outstanding Letter of Credit Obligations, exceed the Revolving Loan Commitment Amount, and (ii) at all times shall the outstanding principal amount of the Revolving Loans of each Lender equal the product of each Lender's Revolving Percentage multiplied by the aggregate outstanding amount of the Revolving Loans. The Borrower shall be entitled to repay and reborrow Revolving Loans in accordance with the provisions hereofLoans.

Appears in 1 contract

Sources: Credit Agreement (Maxim Group Inc /)

Revolving Loan Commitment. 1. Subject to and upon the terms and conditions herein set forthforth herein, each Lender that has a Revolving Loan Commitment (referred to as a "Revolving Loan Lender") severally agrees to make revolving loans (each a "REVOLVING LOAN" and collectively the "REVOLVING LOANS") to the Borrower Borrower, in Dollars, at any time and from time to time on time, during the period from and after including the Effective Closing Date to but not including the Maturity Date (and continue "Loans" under or such earlier date if the Revolving Committed Amount has been terminated as provided herein); PROVIDED, HOWEVER, that (and as such term is defined ini) the Existing Loan Agreement which are sum of the aggregate amount of Revolving Loans outstanding on plus the Effective Date), but prior to aggregate amount of LOC Obligations outstanding plus the aggregate amount of Swing Line Loans outstanding shall not exceed the Revolving Loan Commitment Termination DateCommitted Amount and (ii) with respect to each individual Lender, the Lender's pro rata share of outstanding Revolving Loans in an aggregate amount plus such Lender's pro rata share of outstanding at any time LOC Obligations plus (other than the Swing Line Lender) such Lender's pro rata share of Swing Line Loans outstanding shall not to exceed such Lender's Revolving Percentage minus such Lender's Revolving Loan Commitment Percentage of the Swingline Loans minus such Lender's Revolving Percentage of the Letter of Credit Obligations, subject, however, Committed Amount. Subject to the conditions that terms of this Credit Agreement (i) at no time shall including Section 3.3), the sum of the (x) the outstanding principal amount of all Revolving LoansBorrower may borrow, plus (y) the outstanding principal amount of all Swingline Loans, plus (z) the outstanding Letter of Credit Obligations, exceed the Revolving Loan Commitment Amount, and (ii) at all times shall the outstanding principal amount of the Revolving Loans of each Lender equal the product of each Lender's Revolving Percentage multiplied by the aggregate outstanding amount of the Revolving Loans. The Borrower shall be entitled to repay and reborrow Revolving Loans in accordance with the provisions hereofLoans.

Appears in 1 contract

Sources: Credit Agreement (Medical Staffing Network Holdings Inc)

Revolving Loan Commitment. 1. Subject to and upon the terms and conditions herein set forthforth herein, each Lender that has a Revolving Loan Commitment (referred to as a "Revolving Loan Lender") severally agrees to make revolving loans (each a "Revolving Loan" and collectively the "Revolving Loans") to the Borrower Borrower, in Dollars, at any time and from time to time on time, during the period from and after including the Effective Date to but not including the Maturity Date (and continue "Loans" under or such earlier date if the Revolving Committed Amount has been terminated as provided herein); provided, however, that (and as such term is defined ini) the Existing Loan Agreement which are sum of the aggregate amount of Revolving Loans outstanding on plus the Effective Date), but prior to aggregate amount of Revolving LOC Obligations outstanding plus the aggregate amount of Synthetic Lease Obligations outstanding shall not exceed the Revolving Loan Commitment Termination DateCommitted Amount and (ii) with respect to each individual Lender, the Lender's pro rata share of outstanding Revolving Loans in an plus such Lender's pro rata share of outstanding Revolving LOC Obligations plus such Lender's pro rata share of the aggregate amount of the outstanding at any time Synthetic Lease Obligations shall not to exceed such Lender's Revolving Percentage minus such Lender's Revolving Loan Commitment Percentage of the Swingline Loans minus such Lender's Revolving Percentage of the Letter of Credit Obligations, subject, however, Committed Amount. Subject to the conditions that terms of this Credit Agreement (i) at no time shall including Section 3.3), the sum of the (x) the outstanding principal amount of all Revolving LoansBorrower may borrow, plus (y) the outstanding principal amount of all Swingline Loans, plus (z) the outstanding Letter of Credit Obligations, exceed the Revolving Loan Commitment Amount, and (ii) at all times shall the outstanding principal amount of the Revolving Loans of each Lender equal the product of each Lender's Revolving Percentage multiplied by the aggregate outstanding amount of the Revolving Loans. The Borrower shall be entitled to repay and reborrow Revolving Loans in accordance with the provisions hereofLoans.

Appears in 1 contract

Sources: Credit Agreement (Maxim Group Inc /)

Revolving Loan Commitment. 1. Subject to and upon the terms and conditions herein set forthforth herein, each Lender that has a Revolving Loan Commitment (referred to as a "Revolving Loan Lender") severally agrees to make revolving loans (each a "Revolving Loan" and collectively the "Revolving Loans") to the Borrower Borrowers, in Dollars, at any time and from time to time on time, during the period from and after including the Effective Closing Date to but not including the Maturity Date (and continue "Loans" under or such earlier date if the Revolving Committed Amount has been terminated as provided herein); provided, however, that (and as such term is defined ini) the Existing Loan Agreement which are sum of the aggregate amount of Revolving Loans outstanding on plus the Effective Date), but prior to aggregate amount of L/C Obligations outstanding plus the aggregate amount of Swingline Loans outstanding shall not exceed the Revolving Loan Commitment Termination DateCommitted Amount and (ii) with respect to each individual Lender, the Lender's pro rata share of outstanding Revolving Loans in an aggregate amount plus such Lender's pro rata share of outstanding at any time L/C Obligations plus (other than the Swingline Lender) such Lender's pro rata share of Swingline Loans outstanding shall not to exceed such Lender's Revolving Percentage minus such Lender's Revolving Loan Commitment Percentage of the Swingline Loans minus such Lender's Revolving Percentage of the Letter of Credit Obligations, subject, however, Committed Amount. Subject to the conditions that terms of this Credit Agreement (i) at no time shall including Section 3.3), the sum of the (x) the outstanding principal amount of all Revolving LoansBorrowers may borrow, plus (y) the outstanding principal amount of all Swingline Loans, plus (z) the outstanding Letter of Credit Obligations, exceed the Revolving Loan Commitment Amount, and (ii) at all times shall the outstanding principal amount of the Revolving Loans of each Lender equal the product of each Lender's Revolving Percentage multiplied by the aggregate outstanding amount of the Revolving Loans. The Borrower shall be entitled to repay and reborrow Revolving Loans in accordance with the provisions hereofLoans.

Appears in 1 contract

Sources: Credit Agreement (Ryans Restaurant Group Inc)

Revolving Loan Commitment. 1. Subject to and upon the terms and conditions herein set forthforth herein, each Lender that has a Revolving Loan Commitment (referred to as a "Revolving Loan 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 Borrower, at any time and from time to time on time, during the period from and after including the Effective Closing Date to but not including the Maturity Date (and continue "Loans" under (and or such earlier date if the Commitments have been terminated as such term is defined in) the Existing Loan Agreement which are outstanding on the Effective Dateprovided herein), but prior to the Revolving Loan Commitment Termination Date, Revolving Loans in an aggregate amount outstanding at any time not to exceed such Lender's Revolving Percentage minus such Lender's Revolving Percentage of the Swingline Loans minus such Lender's Revolving Percentage of the Letter of Credit Obligations, subject; provided, however, that after giving effect to the conditions that any Borrowing (i) at no time shall the sum of the aggregate principal amount of outstanding Revolving Loans plus the aggregate principal amount of outstanding L/C Obligations shall not exceed the lesser of (x) the outstanding principal amount of all Revolving Loans, plus Committed Amount and (y) the outstanding principal face amount of all Swingline Loans, plus (z) the outstanding Letter of Credit Obligations, exceed the Revolving Loan Commitment Amount, First Mortgage Bonds and (ii) at all times shall with respect to each individual Lender, the outstanding sum of the aggregate principal amount of the outstanding Revolving Loans of each Lender equal the product of each Lender's Revolving Percentage multiplied by plus the aggregate principal amount of outstanding amount L/C Obligations of such Lender shall not exceed such Lender’s Pro Rata Share of the Revolving LoansCommitted Amount. The Subject to the terms of this Credit Agreement (including Section 3.3), the Borrower shall be entitled to may borrow, repay and reborrow Revolving Loans in accordance with the provisions hereofLoans.

Appears in 1 contract

Sources: Credit Agreement (Texas New Mexico Power Co)

Revolving Loan Commitment. 1. Subject to and upon all the terms and conditions herein set forthof this Loan Agreement and prior to the termination of its commitment as hereinafter provided, Bank hereby agrees to make loans (each Lender that has a Revolving Loan Commitment (referred to as a "Revolving Loan LenderLoan") severally agrees to make to the Borrower Borrower, from time to time on and after the Effective Date (and continue "Loans" in such amounts as Borrower shall request pursuant to this Section 1.A., up to an aggregate principal amount outstanding under (and as such term is defined in) the Existing Loan Agreement which are outstanding on the Effective Date), but prior to the Revolving Loan Commitment Termination DateAccount (as hereinafter defined) not to exceed the least of: (a) $250,000.00 plus eighty percent (80.0%) of Eligible Accounts (as the same may be adjusted from time to time as provided for under Section 9.B. hereof, the "Borrowing Base") or (b) $500,000.00 (the "Revolving Loans Loan Commitment"), as the same may be adjusted in an aggregate amount outstanding accordance with Sections 1.A.(2) or 1.A.(3) hereof. If at any time not to exceed such Lender's Revolving Percentage minus such Lender's Revolving Percentage of the Swingline Loans minus such Lender's Revolving Percentage of the Letter of Credit Obligationsor for any reason, subject, however, to the conditions that (i) at no time shall the sum of the (x) the outstanding principal amount of all Revolving Loans, plus (y) the outstanding principal amount of all Swingline Loans, plus (z) the outstanding Letter of Credit Obligations, exceed the Revolving Loan Commitment Amount, and (ii) at all times shall the outstanding principal amount of the Revolving Loan Account is greater than the least of, (x) the Borrowing Base or (y) the Revolving Loan Commitment, Borrower shall immediately pay to Bank upon demand, in cash, the amount of such excess. Any commitment of Bank, pursuant to the terms of this Loan Agreement, to make Revolving Loans shall expire on the Revolving Loan Maturity Date (as hereinafter defined), subject to Bank's right to renew said commitment in its sole and absolute discretion at Borrower's request. Any such renewal of each Lender equal the product said commitment shall not be binding upon Bank unless it is in writing and signed by an officer of each Lender's Revolving Percentage multiplied by the aggregate outstanding amount Bank. Provided that no Event of Default (as hereinafter defined) has occurred and is continuing, all or any portion of the Revolving Loans. The Loans advanced by Bank which are repaid by Borrower shall be entitled to repay and reborrow Revolving Loans available for reborrowing in accordance with the provisions terms hereof. Borrower promises to pay to Bank the entire outstanding unpaid principal balance (and all accrued unpaid interest thereon) of the Revolving Loan Account on or before April 12, 1999 ("Revolving Loan Maturity Date").

Appears in 1 contract

Sources: Loan Agreement (Salon Internet Inc)

Revolving Loan Commitment. 1. Subject to The Lenders having Revolving Loan Commitments agree, severally, in accordance with their respective Commitment Ratios for Revolving Loans, and not jointly, upon the terms and subject to the conditions herein set forthof this Agreement, each Lender that has a Revolving Loan Commitment (referred to as a "Revolving Loan Lender") severally agrees to make lend and relend to the Borrower from time to time, amounts which do not exceed, in the aggregate, at any one time on and after outstanding the Effective Date (and continue Available Revolving Loan Commitment as in effect from time to time. The Borrower hereby acknowledges that all "Obligations" in respect of "Revolving Loans" under (and as such term is defined in) the Existing Loan Agreement which are outstanding on the Effective Date), but prior Agreement Date under the "Revolving Loan Commitments" (as such terms as defined in the Prior Loan Agreement) shall be deemed to have been made to the Borrower as Advances under the Revolving Loan Commitment Termination Date, Revolving Loans in an aggregate amount outstanding at any time not to exceed such Lender's Revolving Percentage minus such Lender's Revolving Percentage Commitments hereunder and shall constitute a portion of the Swingline Loans minus such Lender's Revolving Percentage of the Letter of Credit Obligations, subject, however, . Subject to the terms and conditions that (i) at hereof, Advances under the Revolving Loan Commitments may be repaid and reborrowed from time to time on a revolving basis. In no time shall case will the sum of Lenders be required to fund a Request for Advance under their Revolving Loan Commitments if such funding would increase the (x) the outstanding principal aggregate amount of all Revolving Loans, plus (y) the Loans outstanding principal to an amount in excess of all Swingline Loans, plus (z) the outstanding Letter of Credit Obligations, exceed the Revolving Loan Commitment Amount, and (ii) at all times shall Commitments or the outstanding principal amount of such requested Advance exceeds the Available Revolving Loans of each Lender equal the product of each Lender's Revolving Percentage multiplied by the aggregate outstanding amount of the Revolving Loans. The Borrower shall be entitled Loan Commitment before giving effect to repay and reborrow Revolving Loans in accordance with the provisions hereofsuch Advance.

Appears in 1 contract

Sources: Loan Agreement (Rural Cellular Corp)

Revolving Loan Commitment. 1. Subject to and upon the terms and conditions herein set forthforth herein, including but not limited to Section 5.2, each Revolving Lender that has a Revolving Loan Commitment (referred to as a "Revolving Loan Lender") severally agrees to make revolving loans to the Borrower Borrower, in Dollars or in one or more Alternative Currencies, at any time and from time to time on time, during the period from and after including the Effective Closing Date to but not including the Maturity Date (and continue "Loans" under (and as or such term is defined in) the Existing Loan Agreement which are outstanding on the Effective Date), but prior to earlier date if the Revolving Loan Commitment Termination Date, Revolving Loans in an aggregate amount outstanding at any time not to exceed such Lender's Revolving Percentage minus such Lender's Revolving Percentage of the Swingline Loans minus such Lender's Revolving Percentage of the Letter of Credit Obligations, subjectCommitted Amount has been terminated as provided herein); provided, however, to the conditions that (i) at no time shall the sum of the (x) the outstanding principal aggregate amount of all Revolving Loans, plus (y) the outstanding principal Dollar Equivalent amount of all Swingline Loans, Revolving Loans outstanding plus (z) the Dollar Equivalent amount of the aggregate amount of LOC Obligations outstanding Letter of Credit Obligations, shall not exceed the Revolving Loan Commitment Committed Amount, and (ii) at all times with respect to each individual Revolving Lender, the Revolving Lender’s pro rata share of outstanding Revolving Loans plus such Revolving Lender’s pro rata share of outstanding LOC Obligations shall the outstanding principal amount not exceed such Revolving Lender’s Commitment Percentage of the Revolving Loans of each Lender equal the product of each Lender's Revolving Percentage multiplied by Committed Amount and (iii) the aggregate outstanding amount of Revolving Loans denominated in Alternative Currencies shall not exceed the Revolving LoansAlternative Currency Sublimit. The Subject to the terms of this Credit Agreement (including Section 3.3), the Borrower shall be entitled to 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 accordance with form and substance reasonably satisfactory to the provisions hereofAdministrative Agent. Thereafter, Revolving Loans may be Base Rate Loans or Eurodollar Rate Loans, as further provided herein.

Appears in 1 contract

Sources: Credit Agreement (Polaris Industries Inc/Mn)

Revolving Loan Commitment. 1. Subject to and upon the terms and conditions herein set forthforth herein, each Lender that has a Revolving Loan Commitment (referred to as a "Revolving Loan Lender") severally agrees to make revolving loans (each a "REVOLVING LOAN" and collectively the "REVOLVING LOANS") to the Borrower Borrower, in Dollars, at any time and from time to time on time, during the period from and after including the Effective Date to but not including the Maturity Date (and continue "Loans" under or such earlier date if the Revolving Committed Amount has been terminated as provided herein); PROVIDED, HOWEVER, that (and as such term is defined ini) the Existing Loan Agreement which are sum of the aggregate amount of Revolving Loans outstanding on plus the Effective Date), but prior to aggregate amount of LOC Obligations outstanding plus the aggregate amount of Synthetic Lease Obligations outstanding shall not exceed the lesser of (x) the Revolving Loan Commitment Termination DateCommitted 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 in an plus such Lender's pro rata share of outstanding LOC Obligations plus such Lender's pro rata share of the aggregate amount of the outstanding at any time Synthetic Lease Obligations shall not to exceed such Lender's Revolving Percentage minus such Lender's Revolving Loan Commitment Percentage of the Swingline Loans minus such Lender's Revolving Percentage of the Letter of Credit Obligations, subject, however, Committed Amount. Subject to the conditions that terms of this Credit Agreement (i) at no time shall including Section 3.3), the sum of the (x) the outstanding principal amount of all Revolving LoansBorrower may borrow, plus (y) the outstanding principal amount of all Swingline Loans, plus (z) the outstanding Letter of Credit Obligations, exceed the Revolving Loan Commitment Amount, and (ii) at all times shall the outstanding principal amount of the Revolving Loans of each Lender equal the product of each Lender's Revolving Percentage multiplied by the aggregate outstanding amount of the Revolving Loans. The Borrower shall be entitled to repay and reborrow Revolving Loans in accordance with the provisions hereofLoans.

Appears in 1 contract

Sources: Credit Agreement (Maxim Group Inc /)

Revolving Loan Commitment. 1. Subject to and upon the terms and conditions herein set forthforth herein, each Lender that has a Revolving Loan Commitment (referred to as a "Revolving Loan Lender") severally agrees to make revolving loans (each a "REVOLVING LOAN" and collectively the "REVOLVING LOANS") to the Borrower Borrower, in Dollars, at any time and from time to time on time, during the period from and after including the Effective Date (and continue "Loans" under (and as such term is defined in) the Existing Loan Agreement which are outstanding on the Effective Date), to but prior to not including the Revolving Loan Commitment Termination DateMaturity 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 in an outstanding plus the aggregate amount of LOC Obligations outstanding at any time plus the aggregate amount of 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 Lender (other than ▇▇▇▇▇▇▇ with respect to Swing Line Loans), a Lender's pro rata share of outstanding Revolving Loans PLUS such Lender's pro rata share of outstanding LOC Obligations PLUS such Lender's pro rata share of outstanding Swing Line Loans, if any, shall not exceed such Lender's Revolving Percentage minus such Lender's Revolving Loan Commitment Percentage of the Swingline Loans minus such Lender's Revolving Percentage of the Letter of Credit Obligations, subject, however, Committed Amount. Subject to the conditions that terms of this Credit Agreement (i) at no time shall including Section 3.3), the sum of the (x) the outstanding principal amount of all Revolving LoansBorrower may borrow, plus (y) the outstanding principal amount of all Swingline Loans, plus (z) the outstanding Letter of Credit Obligations, exceed the Revolving Loan Commitment Amount, and (ii) at all times shall the outstanding principal amount of the Revolving Loans of each Lender equal the product of each Lender's Revolving Percentage multiplied by the aggregate outstanding amount of the Revolving Loans. The Borrower shall be entitled to repay and reborrow Revolving Loans in accordance with the provisions hereofLoans.

Appears in 1 contract

Sources: Credit Agreement (Jumbosports Inc)

Revolving Loan Commitment. 1The 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 and upon the terms and conditions herein set forthforth herein, each Lender that who has a Revolving Loan Commitment Percentage that is greater than zero (referred to as a the "Revolving Loan LenderLenders") severally agrees to make revolving loans (each a " Revolving Loan" and collectively the "Revolving Loans") to the Borrower Borrower, in U.S. dollars, at any time and from time to time on time, during the period from and after including the Effective Date (and continue "Loans" under (and as such term is defined in) the Existing Loan Agreement which are outstanding on the Effective Date), to but prior to not including the Revolving Loan Commitment Termination Date, Maturity Date (or such earlier date if the obligation to make Revolving Loans in an aggregate amount outstanding at any time not to exceed such Lender's Revolving Percentage minus such Lender's Revolving Percentage of the Swingline Loans minus such Lender's Revolving Percentage of the Letter of Credit Obligations, subjecthas been terminated as provided herein); provided, however, to the conditions that (i) at no time shall the sum of the (x) the outstanding principal aggregate amount of all Revolving Loans, Loans outstanding plus (y) the outstanding principal aggregate amount of all Swingline Loans, plus (z) the Revolving LOC Obligations outstanding Letter of Credit Obligations, shall not exceed the aggregate Revolving Loan Commitment Amount, Committed Amount and (ii) at all times 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 pro rata share of outstanding Revolving LOC Obligations shall not exceed such Revolving Loan Lender's Revolving Loan Commitment Percentage of the outstanding principal Revolving Committed Amount. Subject to the terms of this Credit Agreement, the Borrower may borrow, repay and reborrow the amount of the Revolving Loans of each Lender equal the product of each Lender's Revolving Percentage multiplied by the aggregate outstanding amount of the Revolving Loans. The Borrower shall be entitled to repay and reborrow Revolving Loans in accordance with the provisions hereofLoan Commitment.

Appears in 1 contract

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

Revolving Loan Commitment. 1. Subject to and upon the terms and conditions herein set forthforth herein, each Lender that has a Revolving Loan Commitment (referred to as a "Revolving Loan Lender") severally agrees to make revolving loans (each a "Revolving Loan" and collectively the "Revolving Loans") to the Borrower Borrowers, in Dollars, at any time and from time to time on time, during the period from and after including the Effective Date (and continue "Loans" under (and as such term is defined in) the Existing Loan Agreement which are outstanding on the Effective Date), to but prior to not including the Revolving Loan Commitment Termination DateMaturity 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 principal amount of Revolving Loans in an outstanding plus the aggregate amount of LOC Obligations outstanding at any time shall not exceed the Revolving Committed Amount, (ii) with respect to each individual Lender, the Lender's pro rata share of outstanding Revolving Loans plus such Lender's pro rata share of outstanding LOC obligations shall not exceed such Lender's Revolving Percentage minus such Lender's Revolving Loan Commitment Percentage of the Swingline Loans minus such Lender's Revolving Percentage of the Letter of Credit Obligations, subject, however, to the conditions that (i) at no time shall the sum of the (x) the outstanding principal amount of all Revolving Loans, plus (y) the outstanding principal amount of all Swingline Loans, plus (z) the outstanding Letter of Credit Obligations, exceed the Revolving Loan Commitment Committed Amount, and (iiiii) at all times shall the outstanding aggregate principal amount of the Revolving Loans advanced for construction and development of each Lender equal Properties shall not exceed at any one time (A) for such Properties that are less than 50% preleased, $50,000,000 and (B) for all such Properties, $100,000,000. Subject to the product terms of each Lender's Revolving Percentage multiplied by this Credit Agreement (including Section 3.3), the aggregate outstanding amount of the Borrowers may borrow, repay and reborrow Revolving Loans. The Borrower 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 entitled to repay and reborrow Revolving Loans in accordance with the provisions hereofconclusive absent prima facie error.

Appears in 1 contract

Sources: Credit Agreement (Brandywine Realty Trust)