The Credit Facility Sample Clauses
The Credit Facility clause defines the terms under which a lender provides a borrower with access to a specified amount of credit, typically through loans or lines of credit. It outlines the maximum borrowing limit, the types of credit available (such as revolving or term loans), and the conditions for drawing funds, including any required documentation or approvals. This clause serves to clearly establish the financial resources available to the borrower and the rules governing their use, thereby ensuring both parties understand the scope and limitations of the credit arrangement.
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The Credit Facility. 2.1 The Revolving Credit Facility Each Lender severally agrees, on the terms and conditions set forth herein, to make loans to the Borrower (each such loan, a “Revolving Loan”) from time to time on any Business Day during the period from the Closing Date to the Revolving Termination Date, in an aggregate amount not to exceed at any time outstanding, together with the principal amount of Term Loans outstanding in favor of such Lender at such time, the amount set forth next to such Lender’s name on Schedule 1 (such amount together with the Lender’s Pro Rata Share of the Term Commitment, as the same may be reduced under Section 2.10 or as a result of one or more assignments under Section 10.8, the Lender’s “Commitment”); provided, however, that, after giving effect to any Borrowing of Revolving Loans, the Effective Amount of all outstanding Revolving Loans shall not at any time exceed the combined Commitments; and provided further that the Effective Amount of the Revolving Loans, together with all Term Loans outstanding at such time, of any Lender shall not at any time exceed such Lender’s Commitment. Within the limits of each Lender’s Commitment, and subject to the other terms and conditions hereof, the Borrower may borrow under this Section 2.1, prepay under Section 3.3 and reborrow under this Section 2.1.
The Credit Facility. Subject to the terms and conditions hereof, each of the Lenders shall make available to the Borrower such Lender’s Rateable Portion of the Credit Facility. Subject to Section 2.17, the Outstanding Principal under the Credit Facility shall not exceed the maximum principal amount of the Credit Facility.
The Credit Facility. (a) Upon and subject to the terms and conditions of this Agreement, the Lenders hereby agree to extend to the Borrower:
(i) a non-revolving credit facility available on the Initial Drawdown Date and subsequent thereto from time to time during the balance of the Term Availability Period by way of Prime Rate Loans, U.S. Base Rate Loans, LIBOR Loans and BA Advances in an aggregate principal amount such that the maximum aggregate amount of Outstanding Principal Obligations in respect of all such Advances shall not exceed at any time (i) for all Advances made by any Lender under such non-revolving credit facility an amount equal at such time to the Term Tranche Commitment of such Lender at such time, and (ii) for all Advances made by all Lenders under such non-revolving credit facility an amount equal at such time to the Aggregate Term Tranche Commitments at such time; and
(ii) a revolving credit facility available, subject to Section 2.1(b) and Section 4.3(b), from time to time during the Credit Facility Term by way of Prime Rate Loans, U.S. Base Rate Loans, LIBOR Loans and BA Advances in an aggregate principal amount such that the maximum aggregate amount of Outstanding Principal Obligations in respect of all such Advances shall not exceed at any time (i) for all Advances made by any Lender under such revolving credit facility an amount equal at such time to the Revolving Tranche Commitment of such Lender at such time, and (ii) for all Advances made by all Lenders under such revolving credit facility an amount equal at such time to the Aggregate Revolving Tranche Commitments at such time; provided that, notwithstanding any other provision hereof (A) the obligation of each Lender hereunder is several and not joint and not joint and several with any other Lender, (B) the several obligation of each Lender to extend any part of a Credit Facility by way of an Advance on a Business Day shall not exceed its Commitment Percentage under such Credit Facility of the aggregate principal amount of the Advances requested by the Borrower to be made on such Business Day under such Credit Facility, (C) the several obligation of each Lender to extend any part of any Credit Facility shall not, under any circumstances at any time result in the total of the Outstanding Principal Obligations owed to or outstanding at such time to such Lender exceeding the total of such ▇▇▇▇▇▇’s Commitments at such time, and (D) all Advances made by each of the Lenders pursuant to the same Borrowin...
The Credit Facility. On the terms and conditions set forth in this Agreement, FCW agrees to make advances to the Company during the period set forth below in an aggregate principal amount not to exceed $30,000,000.00 (the “Commitment”). The Agreement and Commitment is executed, delivered and accepted not in payment of but for the purpose of amending, restating and replacing the following described obligations, and renewing any unpaid balance(s) evidenced thereby: Note dated June 7, 2007, in the principal amount of $20,000,000.00. Furthermore, the Commitment also evidences an additional loan advance(s) to the extent the Commitment under this Agreement exceeds the renewed unpaid balance(s) referred to above.
The Credit Facility. 16 2.1 Establishment of Credit Facility ...........................................................................16 2.2
The Credit Facility. SECTION 2.01 (a) ESTABLISHMENT OF THE CREDIT FACILITY. The Lender hereby establishes the Credit Facility, which shall be comprised of the Base Facility and the Revolving Facility.
SECTION 2.01 (b) ESTABLISHMENT OF THE BASE FACILITY.
SECTION 2.01 (b)(1)
The Credit Facility a. Subject to the conditions and upon the terms hereinafter set forth and in accordance with the terms and provisions of the Revolving Credit Note, Lenders severally agree in the proportions set forth on the Schedule of Lenders' Proportions in Credit Facility to advance the Closing Disbursement on the Closing Date and thereafter to advance Borrowings to Borrowers, in the aggregate up to the Maximum Permitted Balance in the initial amount of Two Hundred Million Dollars ($200,000,000.00), subject to increase as provided in Section 2.15(a) and 2.15(b), in such amounts as Borrowers may request by Notice of Borrowing duly executed by an Authorized Officer and delivered to Agent Bank from time to time as provided in Section 2.03.
b. Subject to the uses and purposes set forth in Section 2.02, on and after the Closing Date, Borrowers may borrow, repay and reborrow the Available Borrowings up to the Maximum Permitted Balance from time to time; provided further, however, amounts of Funded Outstandings bearing interest with reference to a LIBO Rate shall be subject to Breakage Charges incident to prepayment as provided in Section 2.07(c). The Credit Facility shall be for a term commencing on the Closing Date and terminating on the Maturity Date, on which date the entire outstanding balance of the Credit Facility shall be fully paid and Bank Facility Termination shall occur. In no event shall any Lender be liable to fund any amounts under the Credit Facility in excess of its respective Syndication Interest in any Borrowing. In the event the Aggregate Outstandings exceed the Maximum Permitted Balance at any time, Borrowers shall immediately cause the Aggregate Outstandings to be reduced by such amount as may be necessary to cause the Aggregate Outstandings to be equal to or less than the Maximum Permitted Balance.
c. Borrowers may voluntarily reduce the Maximum Permitted Balance from time to time (a "Voluntary Permanent Reduction") on the following conditions:
(i) that each such Voluntary Permanent Reduction be in the minimum amount of Five Million Dollars ($5,000,000.00) (or, if less the remaining Maximum Permitted Balance) and in increments of One Million Dollars ($1,000,000.00) and made in writing by an Authorized Representative, effective on the fifth (5th) Banking Business Day following receipt by Agent Bank;
(ii) that each such Voluntary Permanent Reduction shall be irrevocable and a permanent reduction to the Maximum Permitted Balance; and
(iii) in the event any...
The Credit Facility. Subject to the terms and conditions hereof and effective as of the Effective Time, the Lenders hereby establish the Credit Facility in favour of the Borrower in the Aggregate Commitment Amount set forth in Schedule B, which may be drawn by the Borrower in Canadian Dollars (or the Canadian Dollar Exchange Equivalent thereof) in U.S. Dollars, or any combination thereof. The Individual Commitment Amount of each Lender is set out in Schedule B. The Borrower may borrow, repay and re-borrow any amount of the Individual Commitment Amount of each Lender based on such Lender's Rateable Portion.
The Credit Facility. 4.1 The Facility Limit is variable and dependent on the value of the Collateral and is subject to change depending on the composition of the Collateral and the LTV assessment, which is based on our internal methodology.
4.2 The Credit Facility will be made available as one or more Advances in any currency but each Advance may be denominated in only one currency at any given time.
4.3 The Credit Facility is subject to periodic review and to modification or cancellation at our option at any time by notice to You.
4.4 The Credit Facility shall be made available provided that there is sufficient value of individual assets, as to be decided by Us, forming the Collateral, provided by You to meet the LTV. The Credit Facility is subject to the availability of Collateral acceptable to Us and the value of each asset forming part of the Collateral being acceptable to Us. We shall be entitled to amend, revise, supplement or vary (whether or not such amendments, revisions, supplements or variations are made in writing) the LTV applicable to the Collateral, accept or reject any asset (including the interest or dividends attaching to an asset) as Collateral and change the composition of Collateral in each case in Our sole and absolute discretion at any time. The Credit Facility is also subject to the Maximum Underwriting Limit.
4.5 In order to request an Advance, You must submit to us a duly completed Drawdown Form no later than by 11 am (UAE time) four (4) Business Days prior to the proposed date for utilisation of such Advance. Such Drawdown Form may be sent to us as a Client Instruction in accordance with Clause 14. Once received by Us, the request is irrevocable. Only one Advance may be requested in each Drawdown Form.
4.6 Where there is more than one Customer, You hereby expressly acknowledge that Advances can be requested by ANY Customer independently.
4.7 You may utilize an Advance (i) by issuing checks drawn on Your Account, (ii) by withdrawing funds by use of Your Citibank ATM card, or (iii) by instructing Us to effect payment on Your behalf. An Advance can be utilised in any currency, subject to Our acceptance and approval converted using Our prevailing spot rate of exchange.
4.8 Once an Advance has been utilised, We shall send You a transaction advice confirming the details of the disbursement of the Advance, including but not limited to the amount, the currency and the applicable Interest Rate of such Advance.
4.9 Notwithstanding anything to the contrary in t...
The Credit Facility. Subject to the terms and conditions hereof and effective on the Closing Date, the Lenders hereby establish the Credit Facility in favour of the Borrower in the Aggregate Commitment Amount set forth in Schedule B, which may be drawn by the Borrower in Canadian Dollars or the Canadian Dollar Exchange Equivalent thereof in U.S. Dollars, or any combination thereof. The Individual Commitment Amount of each of the Lenders is set out in Schedule B.