Common use of Agent Advances Clause in Contracts

Agent Advances. (i) Agent hereby is authorized by Borrowers and the Lenders, from time to time in Agent's sole discretion, (1) after the occurrence of a Default or an Event of Default (but without constituting a waiver of such Default or Event of Default), or (2) at any time that any of the other applicable conditions precedent set forth in Section 3 have not been satisfied, to make Advances under the Standard Line to Borrowers on behalf of the Lenders which Agent, in its reasonable business judgment, deems necessary or desirable (A) to preserve or protect the Collateral, or any portion thereof, (B) to enhance the likelihood of, or maximize the amount of, repayment of the Obligations, or (C) to pay any other amount chargeable to Borrowers pursuant to the terms of this Agreement, including Lender Group Expenses and the costs, fees, and expenses described in Section 10 (any of the Advances described in this Section 2.3(d) being hereinafter referred to as "Agent Advances"); provided, that Agent shall not make any Agent Advances to Borrowers without the consent of the Required Lenders if the amount thereof would exceed $5,000,000 in the aggregate at any one time.

Appears in 2 contracts

Samples: Loan and Security Agreement (Right Start Inc /Ca), Loan and Security Agreement (Fao Inc)

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Agent Advances. (i) Agent hereby is authorized by Borrowers Borrower and the Lenders, from time to time in Agent's sole discretion, (1) after the occurrence of a Default or an Event of Default (but without constituting a waiver of such Default or Event of Default), or (2) at any time that any of the other applicable conditions precedent set forth in Section 3 3.1 or 3.2 have not been satisfied, to make Advances under the Standard Line to Borrowers Borrower on behalf of the Lenders which Agent, in its reasonable business judgment, deems necessary or desirable (A) to preserve or protect the Collateral, or any portion thereof, (B) to enhance the likelihood of, or maximize the amount of, repayment of the Obligations, or (C) to pay any other amount chargeable to Borrowers Borrower pursuant to the terms of this Agreement, including Lender Group Expenses and the costs, fees, and expenses described in Section 10 (any of the Advances described in this Section 2.3(d2.1(h) being hereinafter referred to as "Agent Advances"); provided, that Agent shall not make any Agent Advances to Borrowers Borrower without the consent of the Required Lenders if the amount thereof would exceed $5,000,000 in the aggregate at any one time.

Appears in 2 contracts

Samples: Possession Loan and Security Agreement (Factory Card Outlet Corp), Agency Agreement (Franks Nursery & Crafts Inc)

Agent Advances. (i) Agent hereby is authorized by Borrowers Borrower and the Lenders, from time to time in Agent's sole discretion, (1) after the occurrence of a Default or an Event of Default (but without constituting a waiver of such Default or Event of Default), or (2) at any time that any of the other applicable conditions precedent set forth in Section 3 3.1 or 3.2 have not been satisfied, to make Advances under the Standard Line (which shall be Base Rate Loans) to Borrowers Borrower on behalf of the Lenders which Agent, in its reasonable business judgment, deems necessary or desirable (A) to preserve or protect the Collateral, or any portion thereof, (B) to enhance the likelihood of, or maximize the amount of, repayment of the Obligations, or (C) to pay any other amount chargeable to Borrowers Borrower pursuant to the terms of this Agreement, including Lender Group Expenses and the costs, fees, and expenses described in Section 10 (any of the Advances described in this Section 2.3(d2.1(h) being hereinafter referred to as "Agent Advances"); provided, that Agent shall not make any Agent Advances to Borrowers Borrower without the consent of the Required Lenders if the amount thereof would exceed $5,000,000 in the aggregate at any one time.

Appears in 2 contracts

Samples: Loan and Security Agreement (Vermont Transit Co Inc), Loan and Security Agreement (Texas New Mexico & Oklahoma Coaches Inc)

Agent Advances. (i) Agent hereby is authorized by Borrowers and the Lenders, from time to time in Agent's ’s sole discretion, (1) after the occurrence of a Default or an Event of Default (but without constituting a waiver of such Default or Event of Default), or (2) at any time that any of the other applicable conditions precedent set forth in Section 3 3.1 or 3.2 have not been satisfied, to make Advances under the Standard Line to Borrowers on behalf of the Lenders which Agent, in its reasonable business judgment, deems necessary or desirable (A) to preserve or protect the Collateral, or any portion thereofthereof (other than the Bank Product Obligations), (B) to enhance the likelihood of, or maximize the amount of, repayment of the Obligations, or (C) to pay any other amount chargeable to Borrowers pursuant to the terms of this Agreement, including Lender Group Expenses and the costs, fees, and expenses described in Section 10 (any of the Advances described in this Section 2.3(d2.1(i) being hereinafter referred to as "Agent Advances"); provided, provided that Agent shall not make any Agent Advances to Borrowers without the consent of all of the Required Lenders if the amount thereof would exceed $5,000,000 20,000,000 in the aggregate at any one time; and provided further that in no event shall Agent make any Agent Advance if, after giving effect thereto, the outstanding Revolving Facility Usage (except for and excluding amounts charged to the applicable Loan Account for interest, fees, or Lender Group Expenses) would exceed the Maximum Amount.

Appears in 1 contract

Samples: Loan and Security Agreement (Childrens Place Retail Stores Inc)

Agent Advances. (i) Agent hereby is authorized by Borrowers Borrower and the Lenders, from time to time in Agent's sole discretion, (1) after the occurrence of a Default or an Event of Default (but without constituting a waiver of such Default or Event of Default), or (2) at any time that any of the other applicable conditions precedent set forth in Section 3 SECTION 3.1 or 3.2 have not been satisfied, to make Advances under the Standard Line to Borrowers Borrower on behalf of the Lenders which Agent, in its reasonable business judgment, deems necessary or desirable (Aa) to preserve or protect the Collateral, or any portion thereof, (Bb) to enhance the likelihood of, or maximize the amount of, repayment of the Obligations, or (Cc) to pay any other amount chargeable to Borrowers Borrower pursuant to the terms of this Agreement, including Lender Group Expenses and the costs, fees, and expenses described in Section SECTION 10 (any of the Advances described in this Section 2.3(dSECTION 2.1(h) being hereinafter referred to as "Agent Advances"); providedPROVIDED, that Agent shall not make any Agent Advances to Borrowers Borrower without the consent of the Required Lenders if the amount thereof would exceed $5,000,000 in the aggregate at any one time.

Appears in 1 contract

Samples: Loan and Security Agreement (Gantos Inc)

Agent Advances. (i) Administrative Agent hereby is authorized by Borrowers Borrower and the Lenders, from time to time in Administrative Agent's sole discretion, (1) after the occurrence of a Default or an Event of Default (but without constituting a waiver of such Default or Event of Default), ) or (2) at any time that any of the other applicable conditions precedent set forth in Section 3 3.1 or 3.2 have not been satisfied, to make or to cause Collateral Agent to make Advances under the Standard Line to Borrowers Borrower on behalf of the Lenders which Administrative Agent, in its reasonable business judgment, deems necessary or desirable (A) to preserve or protect the Collateral, or any portion thereof, (B) to enhance the likelihood of, or maximize the amount of, repayment of the Obligations, or (C) to pay any other amount chargeable to Borrowers any Company pursuant to the terms of this Agreement, including Lender Group Expenses and the costs, fees, and expenses described in Section 10 (any of the Advances described in this Section 2.3(d2.1(g) being hereinafter referred to as "Agent Advances"); provided, that Administrative Agent shall not make or cause Collateral Agent to make any Agent Advances to Borrowers Borrower without the consent of the Required Lenders if the amount outstanding thereof would exceed $5,000,000 in the aggregate at any one time.

Appears in 1 contract

Samples: Loan and Security Agreement (Icf Kaiser International Inc)

Agent Advances. (i) Agent hereby is authorized by Borrowers Borrower and the Lenders, from time to time in Agent's the Co-Agents' sole discretion, (1) after the occurrence of a Default or an Event of Default (but without constituting a waiver of such Default or Event of Default), or (2) at any time that any of the other applicable conditions precedent set forth in Section 3 3.1 or 3.2 have not been satisfied, to make Advances under the Standard Line to Borrowers Borrower on behalf of the Lenders which Agentthe Co-Agents, in its their reasonable business judgment, deems necessary or desirable (A) to preserve or protect the Collateral, or any portion thereof, (B) to enhance the likelihood of, or maximize the amount of, repayment of the Obligations, or (C) to pay any other amount chargeable to Borrowers Borrower pursuant to the terms of this Agreement, including Lender Group Expenses and the costs, fees, and expenses described in Section 10 (any of the Advances described in this Section 2.3(d2.1(h) being hereinafter referred to as "Agent Advances"); provided, that Agent the Co-Agents shall not direct Agent to make any Agent Advances to Borrowers Borrower without the consent of the Required Lenders if the amount thereof would exceed $5,000,000 1,500,000 in the aggregate at any one time.

Appears in 1 contract

Samples: Loan and Security Agreement (Thomaston Mills Inc)

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Agent Advances. (i) Agent hereby is authorized by Borrowers Borrower and the Lenders, from time to time in Agent's sole discretion, (1) after the occurrence of a Default or an Event of Default (but without constituting a waiver of such Default or Event of Default), or (2) at any time that any of the other applicable conditions precedent set forth in Section 3 3.1 or 3.2 have not been satisfied, ----------- --- to make Advances under the Standard Line to Borrowers Borrower on behalf of the Lenders which Agent, in its reasonable business judgment, deems necessary or desirable (A) to preserve or protect the Collateral, or any portion thereof, (B) to enhance the likelihood of, or maximize the amount of, repayment of the Obligations, or (C) to pay any other amount chargeable to Borrowers Borrower pursuant to the terms of this Agreement, including Lender Group Expenses and the costs, fees, and expenses described in Section 10 (any of the Advances described in this Section 2.3(d2.1(h) being ---------- -------------- hereinafter referred to as "Agent Advances"); provided, that Agent shall not -------- make any Agent Advances to Borrowers Borrower without the consent of the Required Lenders if the amount thereof would exceed $5,000,000 in the aggregate at any one time.

Appears in 1 contract

Samples: Loan and Security Agreement (Leslies Poolmart Inc)

Agent Advances. (i) Agent hereby is authorized by Borrowers and the Lenders, from time to time in Agent's sole discretion, (1) after the occurrence of a Default or an Event of Default (but without constituting a waiver of such Default or Event of Default), or (2) at any time that any of the other applicable conditions precedent set forth in Section 3 3.1 or 3.2 have not been satisfied, to make Advances under the Standard Line to Borrowers on behalf of the Lenders which Agent, in its reasonable business judgment, deems necessary or desirable (A) to preserve or protect the Collateral, or any portion thereofthereof (other than the Bank Product Obligations), (B) to enhance the likelihood of, or maximize the amount of, repayment of the Obligations, or (C) to pay any other amount chargeable to Borrowers pursuant to the terms of this Agreement, including Lender Group Expenses and the costs, fees, and expenses described in Section 10 (any of the Advances described in this Section 2.3(d2.1(i) being hereinafter referred to as "Agent Advances"); provided, that Agent shall not make any Agent Advances to Borrowers without the consent of all of the Required Lenders if the amount thereof would exceed $5,000,000 8,000,000 in the aggregate at any one time.

Appears in 1 contract

Samples: Loan and Security Agreement (Childrens Place Retail Stores Inc)

Agent Advances. (i) Facility Agent hereby is authorized by Borrowers Borrower and the Lenders, from time to time in Agent's Agents' sole discretion, (1) after the occurrence of a Default or an Event of Default (but without constituting a waiver of such Default or Event of Default), or (2) at any time that any of the other applicable conditions precedent set forth in Section 3 3.1 or 3.2 have not been satisfied, to make Advances under the Standard Line (which shall be Reference Rate Loans) to Borrowers Borrower on behalf of the Lenders which AgentAgents, in its their reasonable business judgment, deems deem necessary or desirable (A) to preserve or protect the Collateral, or any portion thereof, (B) to enhance the likelihood of, or maximize the amount of, repayment of the Obligations, or (C) to pay any other amount chargeable to Borrowers Borrower pursuant to the terms of this Agreement, including Lender Group Expenses and the costs, fees, and expenses described in Section 10 (any of the Advances described in this Section 2.3(d2.1(h) being hereinafter referred to as "Agent Advances"); provided, that Facility Agent shall not make any Agent Advances to Borrowers Borrower without the consent of the Required Lenders if the amount thereof would exceed $5,000,000 in the aggregate at any one time.

Appears in 1 contract

Samples: Loan and Security Agreement (Los Buenos Leasing Co Inc)

Agent Advances. (i) Agent hereby is authorized by Borrowers and the Lenders, from time to time in Agent's sole discretion, (1) after the occurrence of a Default or an Event of Default (but without constituting a waiver of such Default or Event of Default), or (2) at any time that any of the other applicable conditions precedent set forth in Section 3 3.1 or 3.2 have not been satisfied, to make Advances under the Standard Line to Borrowers on behalf of the Lenders which Agent, in its reasonable business judgment, deems necessary or desirable (A) to preserve or protect the Collateral, or any portion thereof, (B) to enhance the likelihood of, or maximize the amount of, repayment of the Obligations, or (C) to pay any other amount chargeable to Borrowers pursuant to the terms of this Agreement, including Lender Group Expenses and the costs, fees, and expenses described in Section 10 (any of the Advances described in this Section 2.3(d2.1(h) being hereinafter referred to as "Agent Advances"); provided, that Agent shall not make any Agent Advances to Borrowers without the consent of the Required Lenders if the amount thereof would exceed $5,000,000 in the aggregate at any one time.

Appears in 1 contract

Samples: Loan and Security Agreement (RDM Sports Group Inc)

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