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") 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 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” 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 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") 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 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") Percentage 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, 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 ObligationsHOWEVER, subject, however, to the conditions that (i) at no time shall the sum of the aggregate amount of Revolving Loans outstanding plus the aggregate amount of Working Capital Revolving Loans outstanding shall not exceed the lesser of (x) the outstanding principal amount sum of all the Revolving Loans, Committed Amount plus the Working Capital Committed Amount and (y) the outstanding principal amount of all Swingline Loans, plus (z) the outstanding Letter of Credit Obligations, exceed the Revolving Loan Commitment AmountBorrowing Base, and (ii) at all times with respect to each individual Lender, such ▇▇▇▇▇▇'s outstanding Revolving Loans plus such ▇▇▇▇▇▇'s outstanding Working Capital Revolving Loans shall not exceed the outstanding principal amount sum of (x) such ▇▇▇▇▇▇'s Revolving Loan Commitment Percentage of the Revolving Loans of each Lender equal the product of each LenderCommitted Amount and (II) such ▇▇▇▇▇▇'s Working Capital Revolving Loan Commitment 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 hereofWorking Capital Committed Amount.
Appears in 1 contract
Sources: Credit Agreement (Chattem 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 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 From time to time on any Business Day occurring from and upon after the terms and conditions herein set forthEffective Date, but prior to the Revolving Loan Commitment Termination Date, each Lender that has a Revolving Loan Commitment (referred to as a "Revolving Loan Lender"), agrees that it will make loans (relative to such Revolving Loan Lender, its "Revolving Loans") severally agrees to make to the Borrower in an amount equal to such Revolving Loan Lender's RL Percentage of the aggregate amount of each Borrowing of the Revolving Loans requested by the Borrower to be made on such day. On the terms and subject to the conditions hereof, the Borrower may from time to time on borrow, prepay and after the Effective Date (and continue "reborrow Revolving Loans" under (and as such term is defined in) the Existing Loan Agreement which are outstanding on the Effective Date), but prior to the . No Revolving Loan Commitment Termination DateLender shall be permitted or required to make any Revolving Loan if, after giving effect thereto, the aggregate outstanding principal amount of all Revolving Loans in an aggregate amount outstanding at any time not to exceed of such Revolving Loan Lender, together with such Revolving Loan Lender's Revolving Percentage minus such Lender's Revolving Percentage of the Swingline Loans minus such Lender's Revolving RL Percentage of the Letter of Credit ObligationsOutstandings, subject, however, to the conditions that (i) at no time shall the sum would exceed such Revolving Loan Lender's RL Percentage 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 then existing 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 1 contract
Revolving Loan Commitment. 1. Subject to and upon the terms and conditions herein set forthforth herein, each Revolving Lender that has a Revolving Loan Commitment (referred to as a "Revolving Loan Lender") severally agrees to make loans to the Borrower (relative to such Lender, and of any type, its “Revolving Loans”) from time to time on and after during the Effective Date (and continue "Loans" under (and as Availability Period equal to 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 ’s Applicable 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 aggregate amount of the Revolving Loans of each Lender equal the product of each Lender's Revolving Percentage multiplied Loan Borrowing requested by the aggregate outstanding amount Borrower to be made on such date, so long as after giving effect thereto (a) such Revolving Lender’s Revolving Credit Exposure shall not exceed such Revolving Lender’s Applicable Percentage of the Maximum Revolving Credit Amount and (b) the Revolving Credit Exposures of all Revolving Lenders shall not exceed the Maximum Revolving Credit Amount. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrower may from time to time borrow, repay and reborrow the Revolving Loans. The Borrower shall be entitled to repay and reborrow Revolving Loans in accordance with the provisions hereofmay be ABR Loans or Eurodollar Loans, as further provided herein.
Appears in 1 contract
Sources: Credit Agreement (Evolve Transition Infrastructure LP)
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
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. 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. 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
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") to the Borrower Borrower, in Dollars, at any time and from time to time on as requested by Borrower in accordance with Section 2.1 (b), 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 aggregate amount outstanding at any time 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 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 (i) at no time shall provisions of Section 4, 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 advance shall be entitled subject to the review and approval by Agent of such requisition. All advances are to be made at the principal office of Agent or at such other place as Agent may designate. Subject to the terms of this Credit Agreement the Borrower may borrow, repay and reborrow Revolving Loans in accordance with the provisions hereofLoans.
Appears in 1 contract
Sources: Line of Credit Agreement (Cornerstone Realty Income Trust Inc)
Revolving Loan Commitment. 1. Subject to and upon the terms and conditions herein set forthforth herein, each Revolving Lender that has a Revolving Loan Commitment (referred to as a "Revolving Loan Lender") severally agrees to make loans to the Borrower (relative to such Lender, and of any type, its “Revolving Loans”) from time to time on and after during the Effective Date (and continue "Loans" under (and as Availability Period equal to 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 ’s Applicable 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 aggregate amount of the Revolving Loans of each Lender equal the product of each Lender's Revolving Percentage multiplied Loan Borrowing requested by the aggregate outstanding amount Borrower to be made on such date, so long as after giving effect thereto (a) such Revolving Lender’s Revolving Credit Exposure shall not exceed such Revolving Lender’s Applicable Percentage of the Maximum Revolving Credit Amount and (b) the Revolving Credit Exposures of all Revolving Lenders shall not exceed the Maximum Revolving Credit Amount. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrower may from time to time borrow, repay and reborrow the Revolving Loans. The Borrower shall be entitled to repay and reborrow Revolving Loans in accordance with the provisions hereofmay be ABR Loans or SOFR Loans, as further provided herein.
Appears in 1 contract
Sources: Credit Agreement (Evolve Transition Infrastructure LP)
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
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
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 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
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. 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