Common use of the Borrowing Base Clause in Contracts

the Borrowing Base. The Revolving Credit Loans shall be made pro rata in accordance with each Bank's Commitment Percentage. --- ---- Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower that the conditions set forth in (S)12 and (S)13, in the case of the initial Revolving Credit Loans to be made on the Closing Date, and (S)13, in the case of all other Revolving Credit Loans, have been satisfied on the date of such request.

Appears in 5 contracts

Samples: Revolving Credit and Term Loan Agreement (Mapics Inc), Revolving Credit (Mapics Inc), Revolving Credit and Term Loan Agreement (Mapics Inc)

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the Borrowing Base. The Revolving Credit Loans shall be made pro rata in accordance with each Bank's Commitment Percentage. --- ---- Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower that the conditions set forth in (S)12 ss.12 and (S)13ss.13, in the case of the initial Revolving Credit Loans to be made on the Closing Date, and (S)13ss.13, in the case of all other Revolving Credit Loans, have been satisfied on the date of such request.

Appears in 3 contracts

Samples: Credit and Term Loan Agreement (Western Digital Corp), Revolving Credit and Term Loan Agreement (Mapics Inc), Revolving Credit and Term Loan Agreement (Marcam Corp)

the Borrowing Base. The Revolving Credit Loans shall be made pro rata in accordance with each Bank's Commitment Percentage. --- ---- Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower that the conditions set forth in (S)12 Section 12 and (S)13Section 13, in the case of the initial Revolving Credit Loans to be made on the Closing Date, and (S)13Section 13, in the case of all other Revolving Credit Loans, have been satisfied on the date of such request.

Appears in 3 contracts

Samples: Credit and Term Loan Agreement (Flextronics International LTD), Credit and Term Loan Agreement (Aviall Inc), Revolving Credit and Term Loan Agreement (Western Digital Corp)

the Borrowing Base. The Revolving Credit Loans shall be made pro rata in accordance with each Bank's Commitment Percentage. --- ---- Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower that the conditions set forth in (S)12 Section 11 and (S)13Section 12, in the case of the initial Revolving Credit Loans to be made on the Closing Date, and (S)13Section 12, in the case of all other Revolving Credit Loans, have been satisfied on the date of such request.

Appears in 2 contracts

Samples: Credit and Gold Consignment Agreement (Whitehall Jewellers Inc), Revolving Credit and Term Loan Agreement (Trailer Bridge Inc)

the Borrowing Base. The Revolving Credit Loans shall be made pro rata in accordance with each Bank's Commitment Percentage. --- ---- Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower that the conditions set forth in (S)12 and (S)13, in the case of the initial Revolving Credit Loans to be made on the Closing Date, and (S)13, in the case of all other Revolving Credit Loans, have been satisfied on the date of such request. 2.2.

Appears in 1 contract

Samples: Credit Agreement (Jackson Products Inc)

the Borrowing Base. The Revolving Credit Loans shall be made pro rata PRO RATA in accordance with each BankLender's Commitment Percentage. --- ---- Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower that the conditions set forth in (S)12 ss.12 and (S)13ss.13, in the case of the initial Revolving Credit Loans to be made on the Closing Date, and (S)13ss.13, in the case of all other Revolving Credit Loans, have been satisfied on the date of such request.

Appears in 1 contract

Samples: Revolving Credit Agreement (Sassco Fashions LTD /De/)

the Borrowing Base. The Revolving Credit Loans shall be made pro rata PRO RATA in accordance with each Bank's Commitment Percentage. --- ---- Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower that the conditions set forth in (S)12 ss.11 and (S)13ss.12, in the case of the initial Revolving Credit Loans to be made on the Closing Date, and (S)13ss.12, in the case of all other Revolving Credit Loans, have been satisfied on the date of such request.

Appears in 1 contract

Samples: Revolving Credit Agreement (Brooks Automation Inc)

the Borrowing Base. The Revolving Credit Loans shall be made pro rata in accordance with each Bank's Commitment Percentage. --- ---- Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower that the conditions set forth in (S)12 Section 13 and (S)13Section 14, in the case of the initial Revolving Credit Loans to be made on the Closing Date, and (S)13Section 14, in the case of all other Revolving Credit Loans, have been satisfied on the date of such request.

Appears in 1 contract

Samples: Consignment Agreement (Marks Bros Jewelers Inc)

the Borrowing Base. The Revolving Credit Loans shall be made pro rata PRO RATA in accordance with each Bank's Commitment Percentage. --- ---- Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower that the conditions set forth in (S)12 ss. 12 and (S)13ss. 13, in the case of the initial Revolving Credit Loans to be made on the Closing Date, and (S)13ss.13, in the case of all other Revolving Credit Loans, have been satisfied on the date of such request.

Appears in 1 contract

Samples: Credit Agreement (HPSC Inc)

the Borrowing Base. The Revolving Credit A Loans shall be made pro rata in accordance with each Bank's Revolver A Commitment Percentage. --- ---- Each request for a Revolving Credit A Loan hereunder shall constitute a representation and warranty by the Borrower that the conditions set forth in (S)12 S)10 and (S)13S)11, in the case of the initial Revolving Credit A Loans to be made on the Closing Date, and (S)13S)11, in the case of all other Revolving Credit A Loans, have been satisfied on the date of such request.

Appears in 1 contract

Samples: Revolving Credit Agreement (Varian Semiconductor Equipment Associates Inc)

the Borrowing Base. The Revolving Credit Loans shall be made pro rata in accordance with each Bank's Commitment Percentage. --- ---- Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower that the conditions set forth in (S)12 and (S)13, in the case of the initial Revolving Credit Loans to be made on the Closing Date, and (S)13, in the case of all other Revolving Credit Loans, have been satisfied on the date of such request.request./1// -

Appears in 1 contract

Samples: Revolving Credit and Term Loan Agreement (Mapics Inc)

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the Borrowing Base. The Revolving Credit Loans shall be made pro rata in accordance with each BankLender's Commitment Percentage. --- ---- Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower that the conditions set forth in (S)12 11 and (S)1312, in the case of the initial Revolving Credit Loans to be made on the Closing Date, and (S)1312, in the case of all other Revolving Credit Loans, have been satisfied on the date of such request. 2.2.

Appears in 1 contract

Samples: Revolving Credit Agreement (Filenes Basement Corp)

the Borrowing Base. The Revolving Credit Loans shall be made pro rata in accordance with each Bank's Commitment Percentage. --- ---- Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower that the conditions set forth in (S)12 ss.11 and (S)13ss.12, in the case of the initial Revolving Credit Loans to be made on the Closing Date, and (S)13ss.12, in the case of all other Revolving Credit Loans, have been satisfied on the date of such request.

Appears in 1 contract

Samples: Revolving Credit Agreement (Fairfield Communities Inc)

the Borrowing Base. The Revolving Credit Loans shall be made pro rata in accordance with each Bank's --- ---- Commitment Percentage. --- ---- Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower that the conditions set forth in (S)12 S)11 and (S)13S)12, in the case of the initial Revolving Credit Loans to be made on the Closing Date, and (S)13S)12, in the case of all other Revolving Credit Loans, have been satisfied on the date of such request.

Appears in 1 contract

Samples: Revolving Credit Agreement (California Steel Industries Inc)

the Borrowing Base. The Revolving Credit Loans shall be made pro rata PRO RATA in accordance with each Bank's Commitment Percentage. --- ---- Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower that the conditions set forth in (S)12 ss.12 and (S)13ss.13, in the case of the initial Revolving Credit Loans to be made on the Closing Date, and (S)13ss.13, in the case of all other Revolving Credit Loans, have been satisfied on the date of such request.

Appears in 1 contract

Samples: Credit Agreement (HPSC Inc)

the Borrowing Base. The Revolving Credit Loans shall be made pro rata in accordance with each Bank's Commitment Percentage. --- ---- Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower that the conditions set forth in (S)12 Section 10 and (S)13Section 11, in the case of the initial Revolving Credit Loans to be made on the Closing Date, and (S)13Section 11, in the case of all other Revolving Credit Loans, have been satisfied on the date of such request.

Appears in 1 contract

Samples: Revolving Credit Agreement (Flextronics International LTD)

the Borrowing Base. The Revolving Credit Loans shall be made pro rata in accordance with each Bank's Commitment Percentage. --- ---- Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower Borrowers that the conditions set forth in (S)12 ss.11 and (S)13ss.12, in the case of the initial Revolving Credit Loans to be made on the Closing Date, and (S)13ss.12, in the case of all other Revolving Credit Loans, have been satisfied on the date of such request.

Appears in 1 contract

Samples: Revolving Credit Agreement (Fairfield Communities Inc)

the Borrowing Base. The Revolving Credit Loans shall be made pro rata in accordance with each Bank's Commitment Percentage. --- ---- Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower that the conditions set forth in (S)12 ss.11 and (S)13ss.12, in the case of the initial Revolving Credit Loans to be made on the Closing Date, and (S)13ss.12, in the case of all other Revolving Credit Loans, have been satisfied on the date of such request."

Appears in 1 contract

Samples: Revolving Credit Agreement (Fairfield Communities Inc)

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