Amount and Terms of the Credit Facility 2.1. The Commitments; Increase in Total Commitments. (a) Subject to the terms and conditions hereof, each Lender severally agrees to make revolving credit loans in Dollars to the Borrower from time to time during the Commitment Period in an aggregate principal amount at any one time outstanding that will not result in such Lender’s Exposure exceeding such Lender’s Commitment. During the Commitment Period the Borrower may use the Commitments by borrowing, prepaying the Loans in whole or in part, and reborrowing, all in accordance with the terms and conditions hereof. Notwithstanding anything to the contrary in this Agreement, in no event may Loans be borrowed under this Section 2.1 if, after giving effect thereto, the aggregate principal amount (a) of the Total Exposures at such time would exceed the Total Commitments then in effect or (b) the Exposure of any Lender at such time would exceed such Lender’s Commitment. The Loans may from time to time be Eurodollar Loans or ABR Loans, as determined by the Borrower and notified to the Administrative Agent in accordance with Sections 2.2 and 2.6. The respective obligations of the Lenders under this Agreement are several and not joint and no Lender shall be responsible for the failure of any other Lender to satisfy its obligations hereunder.
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 Facilities Section 2.1 The Revolving Credit Facility.
Amendment of the Credit Agreement Effective as of the Amendment Effective Date (as defined below):
01 of the Credit Agreement Section 1.01 of the Credit Agreement is hereby amended as follows:
of the Credit Agreement Section 7.13 of the Credit Agreement is hereby amended and restated in its entirety as follows:
Amounts and Terms of the Advances and Letters of Credit SECTION 2.01. The Advances and Letters of Credit. (a)
Continuing Effect of the Credit Agreement This Amendment shall not constitute a waiver of any provision not expressly referred to herein and shall not be construed as a consent to any action on the part of the Borrowers or Guarantors that would require a waiver or consent of the Lenders or an amendment or modification to any term of the Loan Documents except as expressly stated herein. Except as expressly modified hereby, the provisions of the Credit Agreement and the Loan Documents are and shall remain in full force and effect.
Amount and Terms of the Commitments 30 Section 2.1. General Description of Facilities 30 Section 2.2. Revolving Loans 31 Section 2.3. Procedure for Revolving Borrowings 31 Section 2.4. Swingline Commitment 31 Section 2.5. Funding of Borrowings 33 Section 2.6. Interest Elections 33 Section 2.7. Optional Reduction and Termination of Commitments 34 Section 2.8. Repayment of Loans 35 Section 2.9. Evidence of Indebtedness 35 Section 2.10. Optional Prepayments 35 Section 2.11. Mandatory Prepayments 36 Section 2.12. Interest on Loans 36 Section 2.13. Fees 37 Section 2.14. Computation of Interest and Fees 38 Section 2.15. Inability to Determine Interest Rates 38 Section 2.16. Illegality 38 Section 2.17. Increased Costs 39 Section 2.18. Funding Indemnity 40 Section 2.19. Taxes 40 Section 2.20. Payments Generally; Pro Rata Treatment; Sharing of Set-offs 43 Section 2.21. Letters of Credit 45 Section 2.22. Increase of Commitments; Additional Lenders 49 Section 2.23. Mitigation of Obligations 52 Section 2.24. Replacement of Lenders 52 Section 2.25. Defaulting Lenders 53 Section 2.26. All Obligations to Constitute Joint and Several Obligations 54 ARTICLE III
Amendments to the Credit Agreement The Credit Agreement is hereby amended as follows: