The Facilities. The Bank agrees that consistent with the terms and conditions set forth in this Article 2 respecting Advances under the Revolving Credit Facility and Term Loans under the Term Loan Facility, it will lend to the Borrower sums which, in the aggregate principal amount outstanding at any one time, shall not exceed the dollar amount of the Bank's commitment as specified in Schedule I hereto. Such amount, as it may from time to time be reduced pursuant to Paragraph 2.11 hereof, shall be referred to as the "Credit," and the Credit shall encompass both the Revolving Credit Facility described in Paragraph 2.1 hereof and the Term Loan Facility described in Paragraph 2.2 hereof. 2.1 The Revolving Credit Facility. From time to time commencing on June 27, 1997 and ending on June 26, 1998, the Borrower may borrow, repay at the end of any Interest Period (or otherwise as permitted by Paragraph 3.2 hereof) and reborrow amounts during the continuation of the Credit, as the Borrower may see fit, subject to the applicable provisions of this Agreement. Each such revolving credit loan made hereunder (an "Advance") shall be in the amount of $1,000,000 or integral multiples thereof and shall become due and payable on the last day of the Interest Period for such Advance. The obligation of the Borrower to repay the aggregate unpaid principal amount of the Advances shall be evidenced by a promissory note of the Borrower (the "Revolving Note") in substantially the form attached hereto as Exhibit A-1, with the blanks appropriately completed, payable to the order of the Bank, bearing interest as hereinafter specified. The Revolving Note shall be dated, and shall be delivered to the Bank, on the date of the execution and delivery of this Agreement by the Borrower. The Bank shall, and is hereby authorized by the Borrower to, endorse on the schedule contained on the Revolving Note, or on a continuation of such schedule attached thereto and made a part thereof, appropriate notations regarding the Advances evidenced by the Revolving Note as specifically provided therein; provided, however, that the failure to make, or error in making, any such notation shall not limit or otherwise affect the obligations of the Borrower hereunder or under the Revolving Note.
Appears in 1 contract
The Facilities. The Bank agrees that consistent with (a) Subject to the terms and conditions set forth in of this Article 2 respecting Advances under the Revolving Credit Facility and Term Loans under the Term Loan FacilityAgreement, it will lend each Lender severally agrees to make available to the Borrower sums which, in the aggregate principal amount outstanding at any one time, shall not exceed the dollar amount for working capital and general corporate purposes its Commitment Percentage of the Bank's commitment as specified in Schedule I hereto. Such amount, as it may from time to time be reduced pursuant to Paragraph 2.11 hereof, shall be referred to as the "Credit," and the Credit shall encompass both the Revolving Credit Facility described in Paragraph 2.1 hereof and the Term Loan Facility described in Paragraph 2.2 hereof.
2.1 The Revolving Credit Facility. From time to time commencing on June 27, 1997 and ending on June 26, 1998, the Borrower may borrow, repay at the end of any Interest Period (or otherwise as permitted by Paragraph 3.2 hereof) and reborrow amounts during the continuation of the Credit, as the Borrower may see fit, subject to the applicable provisions of this Agreement. Each such a revolving credit loan made hereunder (an "Advance") shall be in the amount of $1,000,000 or integral multiples thereof facility and shall become due and payable on the last day of the Interest Period for such Advance. The obligation of the Borrower to repay the aggregate unpaid principal amount of the Advances shall be evidenced by a promissory note of the Borrower (the "Revolving NoteFacility") in substantially the form attached hereto maximum amount of $55,000,000, subject to increase as Exhibit A-1provided in Section 2.1(c) (the "Revolving Commitment"), with the blanks appropriately completedconsisting of (i) Floating Rate Advances and LIBOR Advances, payable to the order (ii) Standby Letters of the BankCredit, bearing interest as hereinafter specified. The Revolving Note shall be dated(iii) Commercial Letters of Credit, (iv) Credit Cards and shall be delivered to the Bank, on the date of the execution and delivery of this Agreement by the Borrower. The Bank shall, and is hereby authorized by the Borrower to, endorse on the schedule contained on the Revolving Note, or on a continuation of such schedule attached thereto and made a part thereof, appropriate notations regarding the Advances evidenced by the Revolving Note as specifically provided therein(v) Acceptances; provided, however, that that:
(i) The aggregate stated amount of Standby Letters of Credit at any time Outstanding may not exceed $8,000,000;
(ii) The aggregate credit limit of all Credit Cards issued to the failure Borrower may not exceed $250,000;
(iii) The Letter of Credit Issuer shall be obligated to makeissue Commercial Letters of Credit in an aggregate stated amount equal to, or error but not to exceed, the full amount of the Unused Revolving Facility Commitment;
(iv) The Letter of Credit Issuer shall be obligated to issue Standby Letters of Credit in makingan aggregate stated amount equal to, but not to exceed, the full amount of the Unused SLC Sublimit; and
(v) The aggregate amount of Acceptances at any such notation time Outstanding may not exceed $5,000,000.
(b) Subject to the terms and conditions of this Agreement, the Term Lender shall not limit or otherwise affect make available to the obligations Borrower for financing equipment and leasehold improvements a line of credit (the "Term Facility") in the maximum amount of $5,000,000 (the "Term Commitment") consisting of Floating Rate Advances, LIBOR Rate Advances and Term Rate Advances. The Term Facility and the Revolving Facility are sometimes collectively referred to herein as the "Facilities".
(i) Upon written notice from the Borrower to the Administrative Agent, given within thirty (30) days following the delivery pursuant to Section 5.1(c)(i) of the audited consolidated financial statements of the Borrower hereunder or under for the fiscal year ended April 30, 2001, the Revolving NoteCommitment shall be increased by $10,000,000 TO $65,000,000, provided that the following conditions are satisfied:
(A) EBITDA for the fiscal year ended April 30, 2001 is at least $24,000,000; and
(B) the number of "inventory days on hand" as of April 30, 2001 (determined as provided below) does not exceed 185.
Appears in 1 contract
Sources: Loan Agreement (Cutter & Buck Inc)
The Facilities. The (a) Each Bank agrees that consistent with agrees, severally and not jointly, on the terms and conditions hereinafter set forth in this Article 2 respecting Advances under the Revolving Credit Facility and Term Loans under the Term Loan Facilityforth, it will lend to extend credit to the Borrower sums which, during the period from the date hereof to the Termination Date (this and certain other capitalized terms are defined in Section 8.01) by making advances (the aggregate principal amount outstanding at any one time, shall not exceed "Committed Advances") to the dollar amount of the Bank's commitment as specified in Schedule I hereto. Such amount, as it may Borrower on a revolving basis from time to time; provided that at no time shall any Bank be reduced pursuant obligated to Paragraph 2.11 hereofmake a Committed Advance in any amount which would exceed the lesser of (i) such Bank's Available Commitment at such time, shall be referred or (ii) such Bank's Available Commitment Share of the Committed Borrowing pertaining to as such Committed Advance. Within the "Credit," foregoing limit, and subject to the Credit shall encompass both the Revolving Credit Facility described in Paragraph 2.1 hereof terms and the Term Loan Facility described in Paragraph 2.2 hereof.
2.1 The Revolving Credit Facility. From time to time commencing on June 27, 1997 and ending on June 26, 1998conditions hereunder set forth, the Borrower may borrowborrow pursuant to this Section 1.01(a), repay at prepay pursuant to Section 3.01(b), and reborrow in accordance with this Section 1.01(a).
(b) Each Bank may, severally and not jointly, on the end of any Interest Period terms and conditions hereinafter set forth, extend credit to the Borrower during the period from the date hereof to the Termination Date by making advances (the "Bid Rate Advances") to the Borrower or otherwise as permitted by Paragraph 3.2 hereofextending Bid Rate Credit to the Borrower from time to time; provided (i) that at no time shall any Bank make a Bid Rate Advance or otherwise extend any Bid Rate Credit in any amount which would exceed the amount of such Bank's Available Commitment at such time and reborrow amounts during (ii) at no time shall (A) the continuation sum of (I) the outstanding Bid Rate Advances and (II) the outstanding Bid Rate Credits (other than Bid Rate Credits consisting of Bid Rate Advances) exceed (B) fifty percent (50%) of the CreditTotal Commitment.
(c) The Borrower shall have the right, as upon at least five (5) Business Days' notice to a Bank, to terminate in whole or reduce in part such Bank's Available Commitment (which shall include the termination in whole or the reduction in part of the obligation of such Bank to make Advances to the Borrower may see fitin the amount specified in Section 1.01(a) in the event of such termination or reduction), subject to the applicable provisions of this Agreement. Each such revolving credit loan made hereunder (an "Advance") provided, however, that each partial reduction shall be in the amount of $1,000,000 5,000,000 or an integral multiples thereof multiple thereof.
(d) So long as no Event of Default shall have occurred and shall become due and payable on be continuing at such time, the last day Borrower may request, at least sixty (60) days prior to each anniversary of the Interest Period for such Advance. The obligation of date hereof, Agent and the Borrower Banks to repay extend the aggregate unpaid principal amount of the Advances shall be evidenced by a promissory note of the Borrower (the "Revolving Note") in substantially the form attached hereto as Exhibit A-1, with the blanks appropriately completed, payable Termination Date to the order of the Bank, bearing interest as hereinafter specified. The Revolving Note shall be dated, and shall be delivered to the Bank, on third anniversary date next following the date of such determination. Such request shall be in writing to Agent and each Bank. Within the execution and delivery thirty (30) day period immediately following its receipt of this Agreement such request, each Bank shall notify the Borrower in writing whether it elects to so extend the Termination Date. Any failure by a Bank to so notify the BorrowerBorrower shall be deemed a decision by such Bank to not extend the Termination Date. The No Bank shallshall be obligated to extend the Termination Date, and is hereby authorized by if less than all of the Borrower toBanks elect to extend the Termination Date pursuant to this Section 1.01(d), endorse on the schedule contained on the Revolving Note, or on a continuation of such schedule attached thereto and made a part thereof, appropriate notations regarding the Advances evidenced by the Revolving Note as specifically provided therein; provided, however, that the failure to make, or error in making, any such notation Termination Date shall not limit or otherwise affect the obligations of the Borrower hereunder or under the Revolving Notebe extended.
Appears in 1 contract
The Facilities. The Bank agrees that consistent with (a) Subject to the terms and conditions set forth in of this Article 2 respecting Advances under the Revolving Credit Facility and Term Loans under the Term Loan FacilityAgreement, it will lend each Lender severally agrees to make available to the Borrower sums which, in the aggregate principal amount outstanding at any one time, shall not exceed the dollar amount for working capital and general corporate purposes its Commitment Percentage of the Bank's commitment as specified in Schedule I hereto. Such amount, as it may from time to time be reduced pursuant to Paragraph 2.11 hereof, shall be referred to as the "Credit," and the Credit shall encompass both the Revolving Credit Facility described in Paragraph 2.1 hereof and the Term Loan Facility described in Paragraph 2.2 hereof.
2.1 The Revolving Credit Facility. From time to time commencing on June 27, 1997 and ending on June 26, 1998, the Borrower may borrow, repay at the end of any Interest Period (or otherwise as permitted by Paragraph 3.2 hereof) and reborrow amounts during the continuation of the Credit, as the Borrower may see fit, subject to the applicable provisions of this Agreement. Each such a revolving credit loan made hereunder (an "Advance") shall be in the amount of $1,000,000 or integral multiples thereof facility and shall become due and payable on the last day of the Interest Period for such Advance. The obligation of the Borrower to repay the aggregate unpaid principal amount of the Advances shall be evidenced by a promissory note of the Borrower (the "Revolving NoteFacility") in substantially the form attached hereto maximum amount of $50,000,000, subject to increase as Exhibit A-1provided in Section 2.1(c) (the "Revolving Commitment"), with the blanks appropriately completedconsisting of (i) Floating Rate Advances and LIBOR Advances, payable to the order (ii) Standby Letters of the BankCredit, bearing interest as hereinafter specified. The Revolving Note shall be dated(iii) Commercial Letters of Credit, (iv) Credit Cards, and shall be delivered to the Bank, on the date of the execution and delivery of this Agreement by the Borrower. The Bank shall, and is hereby authorized by the Borrower to, endorse on the schedule contained on the Revolving Note, or on a continuation of such schedule attached thereto and made a part thereof, appropriate notations regarding the Advances evidenced by the Revolving Note as specifically provided therein(v) Acceptances; provided, however, that:
(i) The aggregate stated amount of Standby Letters of Credit at any time Outstanding may not exceed $3,000,000;
(ii) The aggregate credit limit of all Credit Cards issued to the Borrower may not exceed $250,000;
(iii) The Letter of Credit Issuer shall be obligated to issue Commercial Letters of Credit in an aggregate stated amount equal to, but not to exceed, the full amount of the Unused Revolving Facility Commitment;
(iv) The Letter of Credit Issuer shall be obligated to issue Standby Letters of Credit in an aggregate stated amount equal to, but not to exceed, the full amount of the Unused SLC Sublimit; and
(v) The aggregate amount of Acceptances at any time Outstanding may not exceed $5,000,000 and, provided, further, that availability under the failure Revolving Commitment will be reduced from time to maketime by the aggregate stated amount of BV Letters of Credit Outstanding, or error which amount is guaranteed by the Guarantor under the Guarantee.
(b) Subject to the terms and conditions of this Agreement, the Term Lender shall make available to the Borrower for financing equipment and leasehold improvements a line of credit (the "Term Facility") in makingthe maximum amount of $5,000,000 (the "Term Commitment") consisting of Floating Rate Advances, any such notation shall not limit or otherwise affect LIBOR Rate Advances and Term Rate Advances. The Term Facility and the obligations Revolving Facility are sometimes collectively referred to herein as the "Facilities".
(i) Upon written notice from the Borrower to the Administrative Agent, given within thirty (30) days following the delivery pursuant to Section 5.1(c)(i) of the audited consolidated financial statements of the Borrower hereunder or under for the fiscal year ended April 30, 2001, the Revolving NoteCommitment shall be increased by $10,000,000 to $60,000,000, provided that the following conditions are satisfied:
(A) EBITDA for the fiscal year ended April 30, 2001 is at least $24,000,000; and
(B) the number of "inventory days on hand" as of April 30, 2001 (determined as provided below) does not exceed 185. "Inventory days on hand" means (x) 365, divided by (y) the number obtained by dividing (1) the cost of goods sold of the Borrower as reflected on such financial statements by (2) inventory of the Borrower as reflected on such financial statements.
(ii) In the event the Borrower elects to increase the Revolving Commitment pursuant to clause (i) above, the Commitment of Western Bank shall be increased by $10,000,000 to $40,000,000. The Administrative Agent shall deliver to each Lender a new Exhibit D to this Agreement reflecting such increase. In addition, the Borrower shall execute and deliver to Western Bank a new Note in the principal amount of $40,000,000. Except for the foregoing and the receipt of written notice from the Borrower pursuant to Section 2.1(c)(i) above, the increase in the Revolving Commitment provided in this Section 2.1(c) shall take effect without any action on the part of any of the parties hereto.
Appears in 1 contract
Sources: Loan Agreement (Cutter & Buck Inc)
The Facilities. The Bank agrees that consistent with the terms and conditions set forth in this Article 2 respecting Advances under the Revolving Credit Facility and Term Loans under the Term Loan Facility, it will lend to the Borrower sums which, in the aggregate principal amount outstanding at any one time, shall not exceed the dollar amount of the Bank's commitment as specified in Schedule I heretohereto (the "Commitment"). Such amount, as it may from time to time be reduced pursuant to Paragraph 2.11 hereof, shall be referred to as the "Credit," and the Credit shall encompass both the Revolving Credit Facility described in Paragraph 2.1 hereof and the Term Loan Facility described in Paragraph 2.2 hereof.
2.1 The Revolving Credit Facility. From time to time commencing on ----------------------------- June 2726, 1997 1998 and ending on June 2625, 19981999, the Borrower may borrow, repay at the end of any Interest Period (or otherwise as permitted by Paragraph 3.2 hereof) and reborrow amounts during the continuation of the Credit, as the Borrower may see fit, subject to the applicable provisions of this Agreement. Each such revolving credit loan made hereunder (an "Advance") shall be in the amount of $1,000,000 or integral multiples thereof and shall become due and payable on the last day of the Interest Period for such Advance. The obligation of the Borrower to repay the aggregate unpaid principal amount of the Advances shall be evidenced by a promissory note of the Borrower (the "Revolving Note") in substantially the form attached hereto as Exhibit A-1, with the blanks appropriately completed, payable to the order of the Bank, bearing interest as hereinafter specified. The Revolving Note shall be dated, and shall be delivered to the Bank, on the date of the execution and delivery of this Agreement by the Borrower. The Bank shall, and is hereby authorized by the Borrower to, endorse on the schedule contained on the Revolving Note, or on a continuation of such schedule attached thereto and made a part thereof, appropriate notations regarding the Advances evidenced by the Revolving Note as specifically provided therein; provided, however, that the failure to make, or error in making, any such notation shall not limit or otherwise affect the obligations of the Borrower hereunder or under the Revolving Note.
Appears in 1 contract
The Facilities. The Bank agrees that consistent with 2.1 Subject to the terms and conditions set forth in of this Article 2 respecting Advances under Agreement, the Revolving Credit Facility and Term Loans under Lender makes available to the Borrower a term loan of up to an aggregate principal amount not to exceed the Term Loan FacilityCommitment consisting of (i) the Initial Advance on the Closing Date, it will lend to and (ii) during the Borrower sums whichAvailability Period, one or more Supplemental Advances in accordance with Clause 2.2 below; provided that if for any reason the aggregate principal amount outstanding at any one time, shall not exceed the dollar full amount of the Bank's commitment as specified in Schedule I hereto. Such amount, as it may from time to time be reduced pursuant to Paragraph 2.11 hereof, shall be referred to as the "Credit," and the Credit shall encompass both the Revolving Credit Facility described in Paragraph 2.1 hereof and the Term Loan Facility described in Paragraph 2.2 hereof.
2.1 The Revolving Credit Facility. From time to time commencing on June 27, 1997 and ending on June 26, 1998Commitment is not fully drawn during the Availability Period, the Borrower may borrow, repay at the end of any Interest Period (or otherwise as permitted by Paragraph 3.2 hereof) and reborrow amounts during the continuation of the Credit, as the Borrower may see fit, subject to the applicable provisions of this Agreement. Each such revolving credit loan made hereunder (an "Advance") undrawn portion thereof shall automatically be in the amount of $1,000,000 or integral multiples thereof and shall become due and payable on the last day of the Interest Period for such Advancecancelled. The obligation of the Borrower to repay the aggregate unpaid principal amount of the Advances shall be evidenced by a promissory note of the Borrower (the "Revolving Note") in substantially the form attached hereto as Exhibit A-1, with the blanks appropriately completed, payable to the order of the Bank, bearing interest as hereinafter specified. The Revolving Note shall be dated, and shall be delivered to the Bank, on the date of the execution and delivery of this Agreement by the Borrower and the satisfaction of all conditions precedent pursuant to Schedule 1 shall be deemed to constitute the Borrower's request to borrow the Initial Advance on the Closing Date.
2.2 The Borrower may request and the Lender shall make available during the Availability Period in accordance with the terms hereof, Supplemental Advances up to the Maximum Supplemental Advance Amount. The Bank shallBorrower shall give the Lender written notice (or telephonic notice promptly confirmed in writing) of each Supplemental Advance (an "Advance Notice") prior to 5:00 p.m. ten (10) days prior to the requested date of each such Supplemental Advance. Each such Advance Notice shall be irrevocable and shall specify the principal amount to be advanced, and is hereby authorized by the Borrower to, endorse on the schedule contained on the Revolving Note, or on a continuation proposed date of such schedule attached thereto advance (which shall be a Business Day) and made the wire instructions pursuant to which such Supplemental Advance is to be made. The principal amount of Supplemental Advance shall be not less than £50,000 or a part thereof, appropriate notations regarding larger multiple of £50,000. The Borrower may deliver and the Advances evidenced by Lender shall honour no more than four (4) Advance notices during the Revolving Note as specifically provided therein; provided, however, that the failure to make, or error in making, any such notation shall not limit or otherwise affect the obligations first financial quarter of the Borrower hereunder or under following the Revolving Note.Closing Date, no more than two (2) Advance Notices during the second financial quarter of the Borrower following the Closing Date and thereafter, no more than one (1) Advance Notice during each financial quarter of the Borrower. SECTION 3
Appears in 1 contract
Sources: Term Loan Agreement (Cascade Corp)
The Facilities. Section 2.1 The Bank agrees that consistent with Commitments
(a) Revolving Credit Commitments for Domestic Revolving Loans. On the terms and subject to the conditions set forth contained in this Article 2 respecting Advances under the Agreement, each Revolving Credit Facility and Term Lender severally agrees to make Domestic Revolving Loans under the Term Loan Facility, it will lend in Dollars to the Borrower sums which, in the aggregate principal amount outstanding at any one time, shall not exceed the dollar amount of the Bank's commitment as specified in Schedule I hereto. Such amount, as it may Borrowers from time to time be reduced pursuant on any Business Day during the period from the date hereof until the Scheduled Termination Date in an aggregate principal amount not to Paragraph 2.11 hereof, shall be referred to as the "Credit," and the Credit shall encompass both the exceed at any time outstanding for all such loans by such Revolving Credit Facility described in Paragraph 2.1 hereof and the Term Loan Facility described in Paragraph 2.2 hereof.
2.1 The Lender such Revolving Credit Facility. From time to time commencing on June 27, 1997 and ending on June 26, 1998, the Borrower may borrow, repay at the end of any Interest Period (or otherwise as permitted by Paragraph 3.2 hereof) and reborrow amounts during the continuation of the Credit, as the Borrower may see fit, subject to the applicable provisions of this Agreement. Each such revolving credit loan made hereunder (an "Advance") shall be in the amount of $1,000,000 or integral multiples thereof and shall become due and payable on the last day of the Interest Period for such Advance. The obligation of the Borrower to repay the aggregate unpaid principal amount of the Advances shall be evidenced by a promissory note of the Borrower (the "Lender's Revolving Note") in substantially the form attached hereto as Exhibit A-1, with the blanks appropriately completed, payable to the order of the Bank, bearing interest as hereinafter specified. The Revolving Note shall be dated, and shall be delivered to the Bank, on the date of the execution and delivery of this Agreement by the Borrower. The Bank shall, and is hereby authorized by the Borrower to, endorse on the schedule contained on the Revolving Note, or on a continuation of such schedule attached thereto and made a part thereof, appropriate notations regarding the Advances evidenced by the Revolving Note as specifically provided thereinCredit Commitment; provided, however, that the failure at no time shall any Revolving Credit Lender be obligated to make, or error make a Domestic Revolving Loan (i) in making, any excess of such notation shall not limit or otherwise affect the obligations Revolving Credit Lender's Ratable Portion of the Borrower hereunder or Domestic Available Credit, (ii) to the extent that the sum of the aggregate Domestic Revolving Credit Outstandings plus the aggregate Term Loan Outstandings, after giving effect to such Revolving Loan, would exceed the Domestic Maximum Credit in effect at such time and (iii) if such Domestic Revolving Loan will be used by the Company to make a Foreign Intercompany Loan pursuant to clause (i) of Section 8.1 (Indebtedness)
(A) during the Interim Period, to the extent the aggregate of all such Domestic Revolving Loans would exceed $40,000,000 and (B) commencing on the first day after the Interim Period and thereafter, to the extent that (1) there is Foreign Available Credit under the Foreign Revolving NoteCredit Facility at such time or (2) the aggregate proceeds of Domestic Revolving Loans advanced as Foreign Intercompany Loans pursuant to clause (i) of Section 8.1 (Indebtedness), after giving effect to such Domestic Revolving Loan, would exceed the Foreign Sublimit. Within the limits of the Revolving Credit Commitment of each Revolving Credit Lender, amounts of Domestic Revolving Loans repaid may be reborrowed under this Section 2.1 (The Commitments).
Appears in 1 contract
Sources: Secured Super Priority Debtor in Possession Credit Agreement (Exide Corp)
The Facilities. The Bank agrees that consistent with (a) Subject to the terms and conditions set forth in of this Article 2 respecting Advances under Agreement, the Revolving Credit Facility and Term Loans under the Term Loan Facility, it will lend Lenders make available to the Borrower sums which, Borrower:
(i) a USD term loan facility in an aggregate amount equal to the Total Facility A Commitments; and
(ii) a USD term loan facility in an aggregate amount equal to the Total Facility B Commitments.
(b) As at the Amendment and Restatement Effective Date:
(i) the Original Loan shall be deemed to constitute a Facility A Loan (made on the Original Utilisation Date) (the “Continued Facility A Loan”);
(ii) each Lender’s participation in such Continued Facility A Loan shall be equal to such Lender’s participation in the aggregate principal amount outstanding at any one time, shall not exceed Original Loan (immediately prior to the dollar amount effectiveness of the Bank's commitment as specified in Schedule I hereto. Such amount, as it may from time to time be reduced amendment and restatement of the Original Agreement pursuant to Paragraph 2.11 hereof, the Amendment and Restatement Agreement on the Amendment and Restatement Effective Date);
(iii) the then current Interest Period in respect of such Continued Facility A Loan (the “Initial Interest Period”) shall be referred deemed to as be the "Credit," period from and including the Credit shall encompass both first day of the Revolving Credit Facility described in Paragraph 2.1 hereof and the Term Loan Facility described in Paragraph 2.2 hereof.
2.1 The Revolving Credit Facility. From time to time commencing on June 27, 1997 and ending on June 26, 1998, the Borrower may borrow, repay at the end of any then current Interest Period (or otherwise as permitted by Paragraph 3.2 hereofdefined in and determined in accordance with the Original Agreement) and reborrow amounts during for the continuation Original Loan (immediately prior to the effectiveness of the Credit, as amendment and restatement of the Borrower may see fit, subject Original Agreement pursuant to the applicable provisions Amendment and Restatement Agreement on the Amendment and Restatement Effective Date) (the “Original Interest Period”) to and including the last day of this Agreement. Each such revolving credit loan made hereunder Original Interest Period;
(an "Advance"iv) the accrued interest on the Original Loan (immediately prior to the effectiveness of the amendment and restatement of the Original Agreement pursuant to the Amendment and Restatement Agreement on the Amendment and Restatement Effective Date) shall be in the amount of $1,000,000 or integral multiples thereof constitute accrued interest on such Continued Facility A Loan and shall become due and payable be paid on the last day of the Initial Interest Period; and
(v) for the portion of the Initial Interest Period that falls on or after the Amendment and Restatement Effective Date, (A) LIBOR for such Advance. The obligation the Continued Facility A Loan and for the Initial Interest Period shall be equal to LIBOR for the Original Loan and the Original Interest Period and (B) Margin in respect of the Borrower to repay the aggregate unpaid principal amount of the Advances Continued Facility A Loan shall be evidenced by a promissory note of the Borrower equal to 3.50% per annum (the "Revolving Note") in substantially the form attached hereto as Exhibit A-1, with the blanks appropriately completed, payable subject to the order definition of the Bank, bearing interest as hereinafter specified. The Revolving Note shall be dated, and shall be delivered to the Bank, on the date of the execution and delivery of this Agreement by the Borrower. The Bank shall, and is hereby authorized by the Borrower to, endorse on the schedule contained on the Revolving Note, or on a continuation of such schedule attached thereto and made a part thereof, appropriate notations regarding the Advances evidenced by the Revolving Note as specifically provided therein; provided, however, that the failure to make, or error in making, any such notation shall not limit or otherwise affect the obligations of the Borrower hereunder or under the Revolving Note“Margin”).
Appears in 1 contract
Sources: Deed of Amendment Agreement (RISE Education Cayman LTD)