Common use of The Revolving Credit Loans Clause in Contracts

The Revolving Credit Loans. Subject to the terms and conditions set forth herein, each Lender severally agrees to make loans (each such loan, a “Revolving Credit Loan”) to the Borrower from time to time, on any Business Day during the Availability Period, in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s Revolving Credit Commitment; provided, however, that after giving effect to any Revolving Credit Borrowing, (i) the Total Revolving Credit Outstandings shall not exceed the Revolving Credit Facility, and (ii) the aggregate Outstanding Amount of the Revolving Credit Loans of any Lender, plus such Lender’s Applicable Revolving Credit Percentage of the Outstanding Amount of all L/C Obligations, plus such Lender’s Applicable Revolving Credit Percentage of the Outstanding Amount of all Swing Line Loans shall not exceed such Lender’s Revolving Credit Commitment. Within the limits of each Lender’s Revolving Credit Commitment, and subject to the other terms and conditions hereof, the Borrower may borrow under this Section 2.01(b), prepay under Section 2.05, and reborrow under this Section 2.01(b). Revolving Credit Loans may be Base Rate Loans or Eurodollar Rate Loans, as further provided herein; provided, however, all Borrowings made on the Closing Date shall be made as Base Rate Loans unless the Administrative Agent shall have received an appropriate funding indemnity letter executed by the Borrower and reasonably acceptable to the Administrative Agent at least three (3) Business Days prior to the Closing Date.

Appears in 3 contracts

Samples: Credit Agreement (Kapstone Paper & Packaging Corp), Credit Agreement (Kapstone Paper & Packaging Corp), Credit Agreement (Kapstone Paper & Packaging Corp)

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The Revolving Credit Loans. Subject to the terms and conditions set forth herein, each Revolving Credit Lender severally agrees to make loans (each such loan, a “Revolving Credit Loan”) to any Revolving Credit Borrower (on a joint and several basis with the Borrower other Revolving Credit Borrowers within the same Group) in U.S. Dollars or an Alternative Currency, in each case, from time to time, on any Business Day during the Availability PeriodPeriod for the Revolving Credit Facility, in an aggregate amount not to exceed at any time outstanding the amount of such Revolving Credit Lender’s Revolving Credit Commitment; provided, howeverfurther, that after giving effect to any Revolving Credit Borrowing, (i) the Total Revolving Credit Outstandings shall not exceed the aggregate amount of the Revolving Credit FacilityLenders’ Revolving Credit Commitments at such time, and (ii) the aggregate Outstanding Amount of the Revolving Credit Loans of any Lender, Revolving Credit Lender plus such Revolving Credit Lender’s Applicable Revolving Credit Percentage of the Outstanding Amount of all L/C Obligations, Obligations plus such Revolving Credit Lender’s Applicable Revolving Credit Percentage of the Outstanding Amount of all Swing Line Loans shall not exceed such Revolving Credit Lender’s Revolving Credit CommitmentCommitment and (iii) the Total Revolving Credit Outstandings denominated in Alternative Currencies shall not exceed the Alternative Currency Sublimit. Within the limits of each Revolving Credit Lender’s Revolving Credit Commitment, and subject to the other terms and conditions hereof, the Borrower Revolving Credit Borrowers may borrow under this this Section 2.01(b), prepay under Section 2.05, and reborrow under this Section 2.01(b). Revolving Credit Loans (w) denominated in U.S. Dollars may be Base Rate Loans or Eurodollar Rate Loans, as further provided herein; provided, however, all Borrowings made on the Closing Date (x) denominated in Australian Dollars shall be made as Base Australian BBSR Rate Loans, (y) denominated in Canadian Dollars shall be Canadian BA Rate Loans unless the Administrative Agent and (z) denominated in an Alternative Currency (other than Australian Dollars and Canadian Dollars) shall have received an appropriate funding indemnity letter executed by the Borrower and reasonably acceptable to the Administrative Agent at least three (3) Business Days prior to the Closing Datebe Eurodollar Rate Loans.

Appears in 2 contracts

Samples: Credit Agreement (ACCO BRANDS Corp), Credit Agreement (ACCO BRANDS Corp)

The Revolving Credit Loans. Subject to the terms and conditions set forth herein, each Lender severally agrees to make loans (each such loan, a “Revolving Credit Loan”) to the Borrower from time to time, on any Business Day during the Availability Period, in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s Revolving Credit Commitment; provided, however, that after giving effect to any Revolving Credit Borrowing, (i) the Total Revolving Credit Outstandings shall not exceed the Revolving Credit Facility, and (ii) the aggregate Outstanding Amount of the Revolving Credit Loans of any Lender, plus such Lender’s Applicable Revolving Credit Percentage of the Outstanding Amount of all L/C Obligations, plus such Lender’s Applicable Revolving Credit Percentage of the Outstanding Amount of all Swing Line Loans shall not exceed such Lender’s Revolving Credit Commitment. Within the limits of each Lender’s Revolving Credit Commitment, and subject to the other terms and conditions hereof, the Borrower may borrow under this Section 2.01(b), prepay under Section 2.05, and reborrow under this Section 2.01(b). Revolving Credit Loans may be Base Rate Loans or Eurodollar Rate Loans, as further provided herein; provided, however, all Borrowings made on the Closing Commitment Effective Date shall be made as Base Rate Loans unless the Administrative Agent shall have received an appropriate funding indemnity letter executed by the Borrower and reasonably acceptable to the Administrative Agent at least three (3) Business Days prior to the Closing Commitment Effective Date.

Appears in 2 contracts

Samples: Credit Agreement (Kapstone Paper & Packaging Corp), Credit Agreement (Kapstone Paper & Packaging Corp)

The Revolving Credit Loans. (a) Subject to the terms and conditions set forth herein, each Revolving Credit Lender severally agrees to make loans (each such loan, a “Revolving Credit Loan”) to the Borrower Borrowers, on a joint and several basis, denominated in Dollars from time to timetime on or following the Restatement Effective Date, on any Business Day during until the Availability PeriodMaturity Date of, in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s Revolving Credit Commitment; provided, however, that after giving effect to any Revolving Credit Borrowing, (ia) the Total Revolving Credit Outstandings shall not exceed the Revolving Credit Facility, lesser of (x) the Aggregate Commitments and (iiy) subject to Section 2.02(h) and (i), the Borrowing Base at such time and (b) the aggregate Outstanding Amount of the Revolving Credit Loans of any Lender, plus such Lender’s Applicable Revolving Credit Percentage Pro Rata Share of the Outstanding Amount of all L/C Obligations, plus such Lender’s Applicable Revolving Credit Percentage Pro Rata Share of the Outstanding Amount of all Swing Line Loans shall not exceed such Lender’s Revolving Credit Commitment. Within the limits of each Lender’s Revolving Credit Commitment, and subject to the other terms and conditions hereof, the Borrower Borrowers may borrow under this Section 2.01(b2.01(a), prepay under Section 2.05, and reborrow under this Section 2.01(b2.01(a). Revolving Credit Loans may be Base Rate Loans or Eurodollar Rate Loans, as further provided herein; provided, however, all Borrowings made on the Closing Date shall be made as Base Rate Loans unless the Administrative Agent shall have received an appropriate funding indemnity letter executed by the Borrower and reasonably acceptable to the Administrative Agent at least three (3) Business Days prior to the Closing Date.

Appears in 1 contract

Samples: Abl Credit Agreement (GMS Inc.)

The Revolving Credit Loans. Subject to the terms and conditions set forth hereinherein and in the Second Amendment to Third Amended and Restated Agreement, each Revolving Credit Lender severally agrees to make loans (each such loan, a “Revolving Credit Loan”) to any Revolving Credit Borrower (on a joint and several basis with the Borrower other Revolving Credit Borrowers within the same Group) in U.S. Dollars or an Alternative Currency, in each case, from time to time, on any Business Day during the Availability PeriodPeriod for the Revolving Credit Facility, in an aggregate amount not to exceed at any time outstanding the amount of such Revolving Credit Lender’s Revolving Credit Commitment; provided, howeverfurther, that after giving effect to any Revolving Credit Borrowing, (i) the Total Revolving Credit Outstandings shall not exceed the aggregate amount of the Revolving Credit FacilityLenders’ Revolving Credit Commitments at such time, and (ii) the aggregate Outstanding Amount of the Revolving Credit Loans of any Lender, Revolving Credit Lender plus such Revolving Credit Lender’s Applicable Revolving Credit Percentage of the Outstanding Amount of all L/C Obligations, Obligations plus such Revolving Credit Lender’s Applicable Revolving Credit Percentage of the Outstanding Amount of all Swing Line Loans shall not exceed such Revolving Credit Lender’s Revolving Credit CommitmentCommitment and (iii) the Total Revolving Credit Outstandings denominated in Alternative Currencies shall not exceed the Alternative Currency Sublimit. Within the limits of each LenderRevolving Credit Xxxxxx’s Revolving Credit Commitment, and subject to the other terms and conditions hereof, the Borrower Revolving Credit Borrowers may borrow under this Section 2.01(b2.01(d), prepay under Section 2.05, and reborrow re-borrow under this Section 2.01(b2.01(d). Revolving Credit Loans (wu) denominated in U.S. Dollars may be Base Rate Loans or Eurodollar RateSOFR Loans, (xv) denominated in Australian Dollars shall be Australian BBSR Rate Loans, as further provided herein; provided, however, all Borrowings made on the Closing Date (yw) denominated in Canadian Dollars shall be made as Base Canadian BA Rate Loans, (x) denominated in Pounds Sterling shall be GBP Daily Rate Loans, (y) denominated in Swiss Francs shall be SARON Loans and (z) denominated in an Alternative Currency (other than Australian Dollars, GBP Daily Rate Loans unless the Administrative Agent and Canadian Dollars) shall have received an appropriate funding indemnity letter executed by the Borrower and reasonably acceptable to the Administrative Agent at least three (3) Business Days prior to the Closing Datebe EurodollarAgreed Currency Rate Loans.

Appears in 1 contract

Samples: Credit Agreement (ACCO BRANDS Corp)

The Revolving Credit Loans. Subject to the terms and conditions set forth herein, each Revolving Credit Lender severally agrees to make loans (each such loan, a “Revolving Credit Loan”) to the Borrower from time to time, on any Business Day during the Availability PeriodPeriod for the Revolving Credit Facility, in an aggregate principal amount not to exceed at any time outstanding the amount of such Lender’s Revolving Credit Commitment; provided, however, that after giving effect to any Revolving Credit Borrowing, : (i) the Total Revolving Credit Outstandings shall not exceed the Revolving Credit Facility, Commitments; and (ii) the aggregate Outstanding Amount of the Revolving Credit Loans of any Lender, plus such Revolving Credit Lender’s Applicable Revolving Credit Percentage of the Outstanding Amount of all L/C Obligations, plus such Revolving Credit Lender’s Applicable Revolving Credit Percentage of the Outstanding Amount of all Swing Line Swingline Loans shall not exceed such Revolving Credit Lender’s Revolving Credit Commitment. Within the limits of each Revolving Credit Lender’s Revolving Credit Commitment, and subject to the other terms and conditions hereof, the Borrower may borrow under this Section 2.01(b), prepay under Section 2.052.06, and reborrow under this Section 2.01(b). Revolving Credit Loans may be Base Rate Loans or Fixed Period Eurodollar Rate Loans, as further provided herein; provided, however, all Borrowings made on the Closing Date shall be made as Base Rate Loans unless the Administrative Agent shall have received an appropriate funding indemnity letter executed by the Borrower and reasonably acceptable to the Administrative Agent at least three (3) Business Days prior to the Closing Date.

Appears in 1 contract

Samples: Credit Agreement (Meredith Corp)

The Revolving Credit Loans. Subject to the terms and conditions set forth herein, each Revolving Credit Lender severally agrees to make loans (each such loan, a “Revolving Credit Loan”) to the Borrower from time to time, on any Business Day during the Availability Period, in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s Lenxxx’x Revolving Credit Commitment; provided, however, that after giving effect to any Revolving Credit Borrowing, (i) the Total Revolving Credit Outstandings shall not exceed the Revolving Credit FacilityFacility Amount, and (ii) the aggregate Outstanding Amount of the Revolving Credit Loans of any Lender, plus such Revolving Credit Lender’s Applicable Revolving Credit Percentage of the Outstanding Amount of all L/C Obligations, plus such Revolving Credit Lender’s Applicable Revolving Credit Percentage of the Outstanding Amount of all Swing Line Loans shall not exceed such Revolving Credit Lender’s Revolving Credit Commitment. Within the limits of each Lender’s Revolving Credit Lenxxx’x Revolving Credit Commitment, and subject to the other terms and conditions hereof, the Borrower may borrow under this Section 2.01(b)2.01, prepay under Section 2.05, and reborrow under this Section 2.01(b)2.01. Revolving Credit Loans may be Base Rate Loans or Eurodollar Rate orTerm SOFR Loans, as further provided herein; provided, however, all Borrowings made on the Closing Date shall be made as Base Rate Loans unless the Administrative Agent shall have received an appropriate funding indemnity letter executed by the Borrower and reasonably acceptable to the Administrative Agent at least three (3) Business Days prior to the Closing Date.

Appears in 1 contract

Samples: Credit Agreement (Suburban Propane Partners Lp)

The Revolving Credit Loans. Subject to the terms and conditions set forth herein, each Lender with a Revolving Credit Commitment severally agrees to make loans (each such loan, a “Revolving Credit Loan”) to the Borrower from time to time, on any Business Day during the Availability Period, in an aggregate principal amount not to exceed at any time outstanding the amount of such Lender’s Revolving Credit Commitment; provided, however, that after giving effect to any Revolving Credit Borrowing, (ia) the Total Revolving Credit Outstandings shall not exceed the Revolving Credit Facility, and (iib) the aggregate Outstanding Amount of the Revolving Credit Loans of any Lender, plus such Lender’s Applicable Revolving Credit Percentage of the Outstanding Amount of all L/C Obligations, plus such Lender’s Applicable Revolving Credit Percentage of the Outstanding Amount of all Swing Line Loans shall not exceed such Lender’s Revolving Credit Commitment. Within the limits of each Lender’s Revolving Credit Commitment, and subject to the other terms and conditions hereof, the Borrower may borrow under this Section 2.01(b)2.01, prepay under Section 2.05, and reborrow under this Section 2.01(b)2.01. Revolving Credit Loans may be Base Rate Loans or Eurodollar Eurocurrency Rate Loans, as further provided herein; provided, however, all Borrowings made on the Closing Date shall be made as Base Rate Loans unless the Administrative Agent shall have received an appropriate funding indemnity letter executed by the Borrower and reasonably acceptable to the Administrative Agent at least three (3) Business Days prior to the Closing Date.

Appears in 1 contract

Samples: Credit Agreement (Foresight Energy Partners LP)

The Revolving Credit Loans. The Revolving Credit Borrowings. Subject to the terms and conditions set forth herein, each Lender severally agrees to make loans denominated in Dollars to any Borrower as elected by such Borrower pursuant to Section 2.02 (each such loan, a “Revolving Credit Loan”) to the Borrower from time to time, on any Business Day until the Maturity Date during the Availability Revolving Credit Commitment Period, in an aggregate principal amount not to exceed at any time outstanding the amount of such Lender’s Revolving Credit Commitment; provided, however, provided that (a) after giving effect to any Revolving Credit Borrowing, (i) the Total Revolving Credit Outstandings shall not exceed the Revolving Credit Facility, and (ii) the aggregate Outstanding Amount of the Revolving Credit Loans of any Lender, plus the amount of such Lender’s Applicable Revolving Credit Percentage Pro Rata Share of the Outstanding Amount of all L/C Obligations, plus such Lender’s Applicable Revolving Credit Percentage Pro Rata Share of the Outstanding Amount of all Swing Line Loans Loans, shall not exceed such Lender’s Revolving Credit Commitment, and (b) the amount of any Revolving Credit Loan to be made at any time shall not exceed Borrowing Availability at such time. Borrowing Availability may be reduced by Reserves and Lease Payment Reserves imposed by Agent in accordance with the provisions of Sections 2.15 and 2.16, as applicable. Within the limits of each Lender’s Revolving Credit Commitment, and subject to the other terms and conditions hereofhereof (including as to Borrowing Availability), the Borrower Borrowers may borrow under this Section 2.01(b)2.01, prepay under Section 2.05, and reborrow under this Section 2.01(b)2.01. Revolving Credit Loans may be Base Rate Loans or Eurodollar Rate Loans, as further provided herein; providedprovided that all Revolving Credit Loans made by each of the Lenders pursuant to the same Borrowing shall, howeverunless otherwise specifically provided herein, all Borrowings made consist entirely of Revolving Credit Loans of the same Type. Any provision of this Agreement to the contrary notwithstanding, at the request of Borrowers, in its discretion Administrative Agent may (but shall have absolutely no obligation to), make Revolving Credit Loans to the Borrowers on behalf of the Closing Date Lenders, for the purpose of protecting or preserving the Collateral or any portion thereof, enhancing the likelihood of repayment of the Obligations or paying any other amount chargeable to borrower pursuant to the terms of this Agreement (including fees, costs and expenses described in Section 10.04), in amounts that cause the aggregate Outstanding Amount of the Revolving Credit Loans to exceed the Borrowing Base (less the Swing Line Loan) (any such excess aggregate Outstanding Amount of the Revolving Credit Loans are hereby collectively referred to as “Overadvances”); provided that (A) no such event or occurrence shall be made cause or constitute a waiver of the Administrative Agent’s, the Swing Line Lender’s or any Lender’s right to refuse to make any further Overadvances, Swing Line Loans or Revolving Credit Loans, or incur any L/C Obligations, as Base Rate Loans unless the case may be, at any time that an Overadvance exists, and (B) no Overadvance shall result in a Default or Event of Default due to Borrowers’ failure to comply with Section 2.05(b) for so long as the Administrative Agent shall have received an appropriate funding indemnity letter executed by the Borrower and reasonably acceptable permits such Overadvance to remain outstanding, but solely with respect to the amount of such Overadvance. In addition, Overadvances may be made even if the conditions to lending set forth in Article 4 have not been met. All Overadvances shall constitute Base Rate Loans, shall bear interest at the Default Rate and shall be payable on the earlier of demand and the Termination Date. The authority of Administrative Agent to make Overadvances is limited to an aggregate amount of $10,000,000 at least three (3) Business Days prior any time, shall not cause the Revolving Loan to exceed the Closing DateMaximum Amount and may be revoked prospectively by a written notice to Administrative Agent signed by Required Lenders.

Appears in 1 contract

Samples: Credit Agreement (Universal Hospital Services Inc)

The Revolving Credit Loans. Subject to the terms and conditions set forth hereinin this Agreement, each Lender of the Revolving Credit Lenders severally agrees to make loans (each such loan, a “Revolving Credit Loan”) lend to the Borrower Borrowers, and the Borrowers may borrow (and repay and reborrow) from time to timetime between the Closing Date and the Revolving Credit Maturity Date upon notice by the Borrowers to Agent given in accordance with §2.7, on any Business Day during such sums as are requested by the Availability Period, Borrowers for the purposes set forth in an §2.9 up to a maximum aggregate principal amount not Outstanding (after giving effect to exceed all amounts requested) at any one time outstanding equal to the amount lesser of (i) such Revolving Credit Lender’s Revolving Credit Commitment; provided, however, that after giving effect to any Revolving Credit Borrowing, (i) the Total Revolving Credit Outstandings shall not exceed the Revolving Credit Facility, Commitment and (ii) such Revolving Credit Lender’s Commitment Percentage of (A) the Facility Available Amount minus (B) the sum of (1) the amount of all Outstanding Revolving Credit Loans and (without duplication) Swing Loans and (2) the aggregate amount of Letter of Credit Liabilities; provided, that, in all events no Default or Event of Default shall have occurred and be continuing; and provided, further, that the Outstanding Amount principal amount of the Revolving Credit Loans (after giving effect to all amounts requested), Swing Loans and Letter of Credit Liabilities shall not at any Lender, plus such time exceed the Total Commitment or cause a violation of the covenants set forth in §9. The Revolving Credit Loans shall be made pro rata in accordance with each Revolving Credit Lender’s Applicable Commitment Percentage. Each request for a Revolving Credit Percentage Loan hereunder shall constitute a representation and warranty by the Borrowers that all of the Outstanding Amount conditions required of all L/C Obligationsthe Borrowers set forth in §10 and §11 have been satisfied on the date of such request (or if such condition is required to have been satisfied only as of the Closing Date, plus that such Lender’s Applicable condition was satisfied as of the Closing Date). Agent may assume that the conditions in §10 and §11 have been satisfied unless it receives prior written notice from a Revolving Credit Percentage of the Outstanding Amount of all Swing Line Loans shall Lender that such conditions have not exceed such Lender’s been satisfied. No Revolving Credit Commitment. Within Lender shall have any obligation to make Revolving Credit Loans to the limits Borrowers in the maximum aggregate principal outstanding balance of each Lender’s more than the principal face amount of its Revolving Credit Note or its Revolving Credit Commitment, and subject to the other terms and conditions hereof, the Borrower may borrow under this Section 2.01(b), prepay under Section 2.05, and reborrow under this Section 2.01(b). Revolving Credit Loans may be Base Rate Loans or Eurodollar Rate Loans, as further provided herein; provided, however, all Borrowings made on the Closing Date shall be made as Base Rate Loans unless the Administrative Agent shall have received an appropriate funding indemnity letter executed by the Borrower and reasonably acceptable to the Administrative Agent at least three (3) Business Days prior to the Closing Dateapplicable.

Appears in 1 contract

Samples: Credit Agreement (Independence Realty Trust, Inc.)

The Revolving Credit Loans. Subject to the terms and conditions set forth herein, each Revolving Credit Lender severally agrees to make loans (each such loan, a “Revolving Credit Loan”) to any Revolving Credit Borrower (on a joint and several basis with the Borrower other Revolving Credit Borrowers US-DOCS\70212156.13 within the same Group) in U.S. Dollars or an Alternative Currency, in each case, from time to time, on any Business Day during the Availability PeriodPeriod for the Revolving Credit Facility, in an aggregate amount not to exceed at any time outstanding the amount of such Revolving Credit Lender’s Revolving Credit Commitment; provided, howeverfurther, that after giving effect to any Revolving Credit Borrowing, (i) the Total Revolving Credit Outstandings shall not exceed the aggregate amount of the Revolving Credit FacilityLenders’ Revolving Credit Commitments at such time, and (ii) the aggregate Outstanding Amount of the Revolving Credit Loans of any Lender, Revolving Credit Lender plus such Revolving Credit Lender’s Applicable Revolving Credit Percentage of the Outstanding Amount of all L/C Obligations, Obligations plus such Revolving Credit Lender’s Applicable Revolving Credit Percentage of the Outstanding Amount of all Swing Line Loans shall not exceed such Revolving Credit Lender’s Revolving Credit CommitmentCommitment and (iii) the Total Revolving Credit Outstandings denominated in Alternative Currencies shall not exceed the Alternative Currency Sublimit. Within the limits of each Revolving Credit Lender’s Revolving Credit Commitment, and subject to the other terms and conditions hereof, the Borrower Revolving Credit Borrowers may borrow under this this Section 2.01(b2.01(c), prepay under Section 2.05, and reborrow under this Section 2.01(b2.01(c). Revolving Credit Loans (w) denominated in U.S. Dollars may be Base Rate Loans or Eurodollar Rate Loans, as further provided herein; provided, however, all Borrowings made on the Closing Date (x) denominated in Australian Dollars shall be made as Base Australian BBSR Rate Loans, (y) denominated in Canadian Dollars shall be Canadian BA Rate Loans unless the Administrative Agent and (z) denominated in an Alternative Currency (other than Australian Dollars and Canadian Dollars) shall have received an appropriate funding indemnity letter executed by the Borrower and reasonably acceptable to the Administrative Agent at least three (3) Business Days prior to the Closing Datebe Eurodollar Rate Loans.

Appears in 1 contract

Samples: Credit Agreement (ACCO BRANDS Corp)

The Revolving Credit Loans. Subject to the terms and conditions set forth herein, each Revolving Credit Lender severally agrees to make loans (each such loan, a “Revolving Credit Loan”) to the Borrower from time to time, on any Business Day during the Availability Period, in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s Revolving Credit Commitment; provided, however, that after giving effect to any Revolving Credit Borrowing, (i) the Total Revolving Credit Outstandings shall not exceed the Revolving Credit Facility, and (ii) the aggregate Outstanding Amount of the Revolving Credit Loans of any Lender, plus such Revolving Credit Lender’s Applicable Revolving Credit Percentage of the Outstanding Amount of all L/C Obligations, plus such Revolving Credit Lender’s Applicable Revolving Credit Percentage of the Outstanding Amount of all Swing Line Sweep Plus Loans shall not exceed such Revolving Credit Lender’s Revolving Credit Commitment. Within the limits of each Revolving Credit Lender’s Revolving Credit Commitment, and subject to the other terms and conditions hereof, the Borrower may borrow under this Section 2.01(b)2.01, prepay under Section 2.05, and reborrow under this Section 2.01(b)2.01. Revolving Credit Loans may be Base Rate Loans or Eurodollar Rate Loans, as further provided herein; provided, however, all Borrowings made on the Closing Date shall be made as Base Rate Loans unless the Administrative Agent shall have received an appropriate funding indemnity letter executed by the Borrower and reasonably acceptable to the Administrative Agent at least three (3) Business Days prior to the Closing Date.

Appears in 1 contract

Samples: Credit Agreement (Benihana Inc)

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The Revolving Credit Loans. Subject to the terms and conditions set forth herein, each Revolving Credit Lender severally agrees to make loans (each such loan, a “Revolving Credit Loan”) to any Revolving Credit Borrower (on a joint and several basis with the Borrower other Revolving Credit Borrowers US-DOCS\70212156.16 within the same Group) in U.S. Dollars or an Alternative Currency, in each case, from time to time, on any Business Day during the Availability PeriodPeriod for the Revolving Credit Facility, in an aggregate amount not to exceed at any time outstanding the amount of such Revolving Credit Lender’s Revolving Credit Commitment; provided, howeverfurther, that after giving effect to any Revolving Credit Borrowing, (i) the Total Revolving Credit Outstandings shall not exceed the aggregate amount of the Revolving Credit FacilityLenders’ Revolving Credit Commitments at such time, and (ii) the aggregate Outstanding Amount of the Revolving Credit Loans of any Lender, Revolving Credit Lender plus such Revolving Credit Lender’s Applicable Revolving Credit Percentage of the Outstanding Amount of all L/C Obligations, Obligations plus such Revolving Credit Lender’s Applicable Revolving Credit Percentage of the Outstanding Amount of all Swing Line Loans shall not exceed such Revolving Credit Lender’s Revolving Credit CommitmentCommitment and (iii) the Total Revolving Credit Outstandings denominated in Alternative Currencies shall not exceed the Alternative Currency Sublimit. Within the limits of each Revolving Credit Lender’s Revolving Credit Commitment, and subject to the other terms and conditions hereof, the Borrower Revolving Credit Borrowers may borrow under this this Section 2.01(b2.01(c), prepay under Section 2.05, and reborrow under this Section 2.01(b2.01(c). Revolving Credit Loans (w) denominated in U.S. Dollars may be Base Rate Loans or Eurodollar Rate Loans, as further provided herein; provided, however, all Borrowings made on the Closing Date (x) denominated in Australian Dollars shall be made as Base Australian BBSR Rate Loans, (y) denominated in Canadian Dollars shall be Canadian BA Rate Loans unless the Administrative Agent and (z) denominated in an Alternative Currency (other than Australian Dollars and Canadian Dollars) shall have received an appropriate funding indemnity letter executed by the Borrower and reasonably acceptable to the Administrative Agent at least three (3) Business Days prior to the Closing Datebe Eurodollar Rate Loans.

Appears in 1 contract

Samples: Credit Agreement (ACCO BRANDS Corp)

The Revolving Credit Loans. Subject to the terms and conditions set forth herein, each Lender severally agrees to make loans denominated in Dollars to the Borrower as elected by the Borrower pursuant to Section 2.02 (each such loan, a “Revolving Credit Loan”) to the Borrower from time to time, on any Business Day until the Maturity Date during the Availability Revolving Credit Commitment Period, in an aggregate principal amount not to exceed at any time outstanding the amount of such Lender’s Revolving Credit Commitment; provided, however, provided that (a) after giving effect to any Revolving Credit Borrowing, (i) the Total Revolving Credit Outstandings shall not exceed the Revolving Credit Facility, and (ii) the aggregate Outstanding Amount of the Revolving Credit Loans of any Lender, plus the amount of such Lender’s Applicable Revolving Credit Percentage Pro Rata Share of the Outstanding Amount of all L/C Obligations, plus such Lender’s Applicable Revolving Credit Percentage Pro Rata Share of the Outstanding Amount of all Swing Line Loans Loans, shall not exceed such Lender’s Revolving Credit Commitment, and (b) the amount of any Revolving Credit Loan to be made at any time shall not exceed Borrowing Availability at such time. Borrowing Availability may be reduced by Reserves imposed by the Administrative Agent in accordance with the applicable provisions of this Agreement. Within the limits of each Lender’s Revolving Credit Commitment, and subject to the other terms and conditions hereofhereof (including as to Borrowing Availability), the Borrower may borrow under this Section 2.01(b)2.01, prepay under Section 2.05, and reborrow under this Section 2.01(b)2.01. Revolving Credit Loans may be Base Rate Loans or Eurodollar Rate Loans, as further provided herein; providedprovided that all Revolving Credit Loans made by each of the Lenders pursuant to the same Borrowing shall, howeverunless otherwise specifically provided herein, all Borrowings made on consist entirely of Revolving Credit Loans of the Closing Date shall be made as Base Rate Loans unless same Type. Any provision of this Agreement to the contrary notwithstanding, at the request of the Borrower, in its discretion the Administrative Agent may (but shall have received an appropriate funding indemnity letter executed by absolutely no obligation to), make Revolving Credit Loans to the Borrower on behalf of the Lenders, for the purpose of protecting or preserving the Collateral or any portion thereof, enhancing the likelihood of repayment of the Obligations or paying any other amount chargeable to the Borrower pursuant to the terms of this Agreement (including fees, costs and reasonably acceptable expenses described in Section 10.04), in amounts that cause the aggregate Outstanding Amount of the Revolving Credit Loans to exceed the Borrowing Base (less the Swing Line Loan) (any such excess aggregate Outstanding Amount of the Revolving Credit Loans are hereby collectively referred to as “Overadvances”); provided that (A) no such event or occurrence shall cause or constitute a waiver of the Administrative Agent’s, the Swing Line Lender’s or any Lender’s right to refuse to make any further Overadvances, Swing Line Loans or Revolving Credit Loans, or incur any L/C Obligations, as the case may be, at any time that an Overadvance exists, and (B) no Overadvance shall result in a Default or Event of Default due to the Borrower’s failure to comply with Section 2.05(b) for so long as the Administrative Agent at least three (3) Business Days prior permits such Overadvance to remain outstanding, but solely with respect to the Closing amount of such Overadvance. In addition, Overadvances may be made even if the conditions to lending set forth in Article 4 have not been met. All Overadvances shall constitute Base Rate Loans, shall bear interest at the Default Rate and shall be payable on the earlier of demand and the Termination Date. The authority of the Administrative Agent to make Overadvances is limited to an aggregate amount of $10,000,000 at any time, shall not cause the Revolving Loan to exceed the Maximum Amount and may be revoked prospectively by a written notice to Administrative Agent signed by Required Lenders.

Appears in 1 contract

Samples: Credit Agreement (Universal Hospital Services Inc)

The Revolving Credit Loans. Subject (a) Each Lender agrees, severally to the extent of its Commitment and not jointly with the other Lenders, upon the terms and subject to the conditions set forth herein, each Lender severally agrees to make loans (each such loan, a “Revolving Credit Loan”) Loans to the Borrower from time to time, on any Business Day during the Availability Periodperiod from the Closing Date through the Business Day before the last day of the Term, in an aggregate amount not to exceed in aggregate principal amount outstanding at any time outstanding the amount of such Lender’s 's Commitment at such time, which Revolving Credit CommitmentLoans may be repaid and reborrowed in accordance with the provisions of this Agreement; provided, however, that after giving effect Lenders shall have no obligation to the Borrower whatsoever to honor any request for a Revolving Credit Borrowing, (i) Loan on or after the Total Revolving Credit Outstandings shall not exceed Expiration Date or if at the Revolving Credit Facility, and (ii) time of the proposed funding thereof the aggregate Outstanding Amount principal amount of all of the Revolving Credit Loans of any Lender, plus such Lender’s Applicable Revolving Credit Percentage of the Outstanding Amount of all L/C Obligations, plus such Lender’s Applicable Revolving Credit Percentage of the Outstanding Amount of all Swing Line Loans shall not exceed such Lender’s Revolving Credit Commitment. Within the limits of each Lender’s Revolving Credit Commitment, then outstanding (including Swingline Loans) and subject to the other terms and conditions hereof, the Borrower may borrow under this Section 2.01(b), prepay under Section 2.05, and reborrow under this Section 2.01(b). Pending Revolving Credit Loans may exceeds, or would exceed after the funding of such Revolving Credit Loan, the Borrowing Base. Each Borrowing of Revolving Credit Loans shall be funded by Lenders on a Pro Rata basis in accordance with their respective Commitments (except for BofA with respect to Swingline Loans). The Revolving Credit Loans shall bear interest as set forth in Sections 4.1 and 4.2. Each Revolving Credit Loan shall, at the option of the Borrower, be made or continued as, or converted into, part of one or more Borrowings that, unless specifically provided herein, shall consist entirely of Base Rate Loans Advances or Eurodollar LIBOR Rate Loans, as further provided herein; provided, however, all Borrowings made on the Closing Date shall be made as Base Rate Loans unless the Administrative Agent shall have received an appropriate funding indemnity letter executed by the Borrower and reasonably acceptable to the Administrative Agent at least three (3) Business Days prior to the Closing DateAdvances.

Appears in 1 contract

Samples: Loan and Security Agreement (Westpoint International Inc)

The Revolving Credit Loans. (a) Subject to the terms and conditions set forth herein, each Revolving Credit Lender severally agrees to make loans (each such loan, a “Revolving Credit Loan”) to the Borrower Borrowers, on a joint and several basis, denominated in Dollars from time to timetime on or following the Closing Date, on any Business Day during until the Availability PeriodMaturity Date of, in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s Revolving Credit Commitment; provided, however, that after giving effect to any Revolving Credit Borrowing, (ia) the Total Revolving Credit Outstandings shall not exceed the Revolving Credit Facility, lesser of (x) the Line Cap and (iiy) subject to Section 2.02(h) and (i), the Borrowing Base at such time and (b) the aggregate Outstanding Amount of the Revolving Credit Loans of any Lender, plus such Lender’s Applicable Revolving Credit Percentage Pro Rata Share of the Outstanding Amount of all L/C Obligations, plus such Lender’s Applicable Revolving Credit Percentage Pro Rata Share of the Outstanding Amount of all Swing Line Loans shall not exceed such Lender’s Revolving Credit Commitment. Within the limits of each Lender’s Revolving Credit Commitment, and subject to the other terms and conditions hereof, the Borrower Borrowers may borrow under this Section 2.01(b2.01(a), prepay under Section 2.05, and reborrow under this Section 2.01(b2.01(a). Revolving Credit Loans may be Base Rate Loans or Eurodollar Rate Loans, as further provided herein; provided, however, all Borrowings made on the Closing Date shall be made as Base Rate Loans unless the Administrative Agent shall have received an appropriate funding indemnity letter executed by the Borrower and reasonably acceptable to the Administrative Agent at least three (3) Business Days prior to the Closing Date.

Appears in 1 contract

Samples: Intellectual Property Security Agreement (GMS Inc.)

The Revolving Credit Loans. Subject to the terms and conditions set forth hereinherein and in the Second Amendment to Third Amended and Restated Agreement, each Revolving Credit Lender severally agrees to make loans (each such loan, a “Revolving Credit Loan”) to any Revolving Credit Borrower (on a joint and several basis with the Borrower other Revolving Credit Borrowers within the same Group) in U.S. Dollars or an Alternative Currency, in each case, from time to time, on any Business Day during the Availability PeriodPeriod for the Revolving Credit Facility, in an aggregate amount not to exceed at any time outstanding the amount of such Revolving Credit Lender’s Revolving Credit Commitment; provided, howeverfurther, that after giving effect to any Revolving Credit Borrowing, (i) the Total Revolving Credit Outstandings shall not exceed the aggregate amount of the Revolving Credit FacilityLenders’ Revolving Credit Commitments at such time, and (ii) the aggregate Outstanding Amount of the Revolving Credit Loans of any Lender, Revolving Credit Lender plus such Revolving Credit Lender’s Applicable Revolving Credit Percentage of the Outstanding Amount of all L/C Obligations, Obligations plus such Revolving Credit Lender’s Applicable Revolving Credit Percentage of the Outstanding Amount of all Swing Line Loans shall not exceed such Revolving Credit Lender’s Revolving Credit CommitmentCommitment and (iii) the Total Revolving Credit Outstandings denominated in Alternative Currencies shall not exceed the Alternative Currency Sublimit. Within the limits of each Revolving Credit Lender’s Revolving Credit Commitment, and subject to the other terms and conditions hereof, the Borrower Revolving Credit Borrowers may borrow under this this Section 2.01(b2.01(cd), prepay under Section 2.05, and reborrow reborrowre-borrow under this Section 2.01(b2.01(cd). Revolving Credit Loans (w) denominated in U.S. Dollars may be Base Rate Loans or Eurodollar Rate Loans, as further provided herein; provided, however, all Borrowings made on the Closing Date (x) denominated in Australian Dollars shall be made as Base Australian BBSR Rate Loans, (y) denominated in Canadian Dollars shall be Canadian BA Rate Loans unless the Administrative Agent and (z) denominated in an Alternative Currency (other than Australian Dollars and Canadian Dollars) shall have received an appropriate funding indemnity letter executed by the Borrower and reasonably acceptable to the Administrative Agent at least three (3) Business Days prior to the Closing Datebe Eurodollar Rate Loans.

Appears in 1 contract

Samples: Credit Agreement (ACCO BRANDS Corp)

The Revolving Credit Loans. Subject to the terms and conditions set forth herein, each Revolving Credit Lender severally agrees to make loans (each such loan, a “Revolving Credit Loan”) to the applicable Borrower requesting a Revolving Credit Loan in accordance herewith from time to time, on any Business Day during the Availability Period, in an aggregate amount not to exceed at any time outstanding the amount of such Revolving Credit Lender’s Revolving Credit Commitment; provided, however, provided that after giving effect to any Revolving Credit Loan Borrowing, (i) the Total Revolving Credit Outstandings shall not exceed the Aggregate Revolving Credit FacilityCommitments, and (ii) the aggregate Outstanding Amount of the Revolving Credit Loans of any Lender, plus such Lender’s Applicable Revolving Credit Percentage of the Outstanding Amount of all L/C Obligations, plus such Lender’s Applicable Revolving Credit Percentage of the Outstanding Amount of all Swing Line Loans shall not exceed such Lender’s Revolving Credit Commitment. Within the limits of each Lender’s Revolving Credit Commitment, and subject to the other terms and conditions hereof, the each Borrower may borrow under this Section 2.01(b)2.01, prepay under Section 2.05, and reborrow under this Section 2.01(b2.01(c). Revolving Credit Loans may be Base Rate Loans or Eurodollar Rate Loans, as further provided herein; provided, however, all Borrowings made on the Closing Date shall be made as Base Rate Loans unless the Administrative Agent shall have received an appropriate funding indemnity letter executed by the Borrower and reasonably acceptable to the Administrative Agent at least three (3) Business Days prior to the Closing Date.

Appears in 1 contract

Samples: Credit Agreement (Western Digital Corp)

The Revolving Credit Loans. Subject to the terms and conditions set forth herein, each Lender severally agrees to make loans denominated in Dollars to any Borrower as elected by such Borrower pursuant to Section 2.02 (each such loan, a “Revolving Credit Loan”) to the Borrower from time to time, on any Business Day until the Maturity Date during the Availability Revolving Credit Commitment Period, in an aggregate principal amount not to exceed at any time outstanding the amount of such Lender’s Revolving Credit Commitment; provided, however, provided that (a) after giving effect to any Revolving Credit Borrowing, (i) the Total Revolving Credit Outstandings shall not exceed the Revolving Credit Facility, and (ii) the aggregate Outstanding Amount of the Revolving Credit Loans of any Lender, plus the amount of such Lender’s Applicable Revolving Credit Percentage Pro Rata Share of the Outstanding Amount of all L/C Obligations, plus such Lender’s Applicable Revolving Credit Percentage Pro Rata Share of the Outstanding Amount of all Swing Line Loans Loans, shall not exceed such Lender’s Revolving Credit Commitment, and (b) the amount of any Revolving Credit Loan to be made at any time shall not exceed Borrowing Availability at such time. Borrowing Availability may be reduced by Reserves and Lease Payment Reserves imposed by Agent in accordance with the provisions of Sections 2.15 and 2.16, as applicable. Within the limits of each Lender’s Revolving Credit Commitment, and subject to the other terms and conditions hereofhereof (including as to Borrowing Availability), the Borrower Borrowers may borrow under this Section 2.01(b)2.01, prepay under Section 2.05, and reborrow under this Section 2.01(b)2.01. Revolving Credit Loans may be Base Rate Loans or Eurodollar Rate Loans, as further provided herein; providedprovided that all Revolving Credit Loans made by each of the Lenders pursuant to the same Borrowing shall, howeverunless otherwise specifically provided herein, all Borrowings made consist entirely of Revolving Credit Loans of the same Type. Any provision of this Agreement to the contrary notwithstanding, at the request of Borrowers, in its discretion Administrative Agent may (but shall have absolutely no obligation to), make Revolving Credit Loans to the Borrowers on behalf of the Closing Date Lenders, for the purpose of protecting or preserving the Collateral or any portion thereof, enhancing the likelihood of repayment of the Obligations or paying any other amount chargeable to the Borrowers pursuant to the terms of this Agreement (including fees, costs and expenses described in Section 10.04), in amounts that cause the aggregate Outstanding Amount of the Revolving Credit Loans to exceed the Borrowing Base (less the Swing Line Loan) (any such excess aggregate Outstanding Amount of the Revolving Credit Loans are hereby collectively referred to as “Overadvances”); provided that (A) no such event or occurrence shall be made cause or constitute a waiver of the Administrative Agent’s, the Swing Line Lender’s or any Lender’s right to refuse to make any further Overadvances, Swing Line Loans or Revolving Credit Loans, or incur any L/C Obligations, as Base Rate Loans unless the case may be, at any time that an Overadvance exists, and (B) no Overadvance shall result in a Default or Event of Default due to Borrowers’ failure to comply with Section 2.05(b) for so long as the Administrative Agent shall have received an appropriate funding indemnity letter executed by the Borrower and reasonably acceptable permits such Overadvance to remain outstanding, but solely with respect to the amount of such Overadvance. In addition, Overadvances may be made even if the conditions to lending set forth in Article 4 have not been met. All Overadvances shall constitute Base Rate Loans, shall bear interest at the Default Rate and shall be payable on the earlier of demand and the Termination Date. The authority of Administrative Agent to make Overadvances is limited to an aggregate amount of $10,000,000 at least three (3) Business Days prior any time, shall not cause the Revolving Loan to exceed the Closing DateMaximum Amount and may be revoked prospectively by a written notice to Administrative Agent signed by Required Lenders.

Appears in 1 contract

Samples: Credit Agreement (Universal Hospital Services Inc)

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