Commitment and Borrowing Sample Clauses

Commitment and Borrowing. SECTION 2.01 Commitment 30 SECTION 2.02 Loans and Borrowing 30 SECTION 2.03 Borrowing Request 31 SECTION 2.04 [Reserved] 31 SECTION 2.05 [Reserved] 31 SECTION 2.06 Prepayments 31 SECTION 2.07 Reduction and Termination of Commitments 32 SECTION 2.08 Repayment of Loans 32 SECTION 2.09 Interest 32 SECTION 2.10 Benchmark Replacement Setting 33 SECTION 2.11 Evidence of Debt 34 SECTION 2.12 Payments Generally 35 SECTION 2.13 Sharing of Payments 36 SECTION 2.14 Compensation for Losses 36 SECTION 2.15 Increased Costs 37 SECTION 2.16 Taxes 38 SECTION 2.17 [Reserved] 41 SECTION 2.18 [Reserved] 41 SECTION 2.19 Mitigation Obligations; Replacement of Lenders 41 ARTICLE III REPRESENTATIONS AND WARRANTIES SECTION 3.01 Existence, Qualification and Power 42 SECTION 3.02 Authorization; No Contravention 43 SECTION 3.03 Governmental Authorization; Other Consents 43 SECTION 3.04 Execution and Delivery; Binding Effect 43 SECTION 3.05 Financial Statements; No Material Adverse Change 43 SECTION 3.06 Litigation 43 SECTION 3.07 Contractual Obligations; No Default 43 SECTION 3.08 Property 44 SECTION 3.09 Taxes 44 SECTION 3.10 Disclosure 44 SECTION 3.11 Compliance with Laws 44 SECTION 3.12 ERISA Compliance 44 SECTION 3.13 Environmental Matters 45 SECTION 3.14 Investment Company Act 46
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Commitment and Borrowing. The Lender agrees to make a loan to the Borrower pursuant to a single drawing in an aggregate principal amount of $7,221,000 in immediately available funds (the “Commitment”) on the date hereof (the “Funding Date”). The Lender shall disburse to the Borrower the full amount of such Commitment on the Funding Date to an account or accounts designated by the Borrower. For the purposes of this Agreement, “Loan” means the loan made by the Lender to the Borrower under this clause (a).
Sample 1
Commitment and Borrowing. Subject to the terms and conditions set forth herein and in the DIP Order, the DIP Lender agrees to make loans (each a “DIP Loan” and, collectively, the “DIP Loans”) to the DIP Borrower during the Availability Period in an aggregate principal amount not to exceed the lesser of (i) the Unused Commitment on the date of funding of such DIP Loan and (ii) $15,000,000 minus the amount (if any) of Available Cash in excess of $3,000,000 on the date of funding of such DIP Loan. The DIP Loans shall be incurred pursuant to one or more borrowings; provided that, each such DIP Loan (x) shall be denominated in U.S. Dollars and (y) shall be in an aggregate principal amount that is (I) an integral multiple of $100,000 and not less than $500,000 or (II) if less, equal to the Unused Commitment minus the amount (if any) of Available Cash in excess of $3,000,000 on the date of funding of such DIP Loan. Amounts repaid under the DIP Facility may be reborrowed pursuant to the terms of this Section 2.
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Commitment and Borrowing 
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Related to Commitment and Borrowing

  • Revolving Loans and Borrowings (a) Each Loan shall be made as part of a Borrowing consisting of Revolving Loans made by the Lenders in accordance with their respective Applicable Percentages. The failure of any Lender to make any Revolving Loan required to be made by it shall not relieve any other Lender of its obligations hereunder; provided that the Revolving Commitments of the Lenders are several and no Lender shall be responsible for any other Lender’s failure to make Revolving Loans as required.

  • The Commitments and Borrowings 21 2.01 Loans..........................................................................................21 2.02 Borrowings, Conversions and Continuations of Loans.............................................22 2.

  • Loans and Borrowings (a) Each Loan shall be made as part of a Borrowing consisting of Loans made by the Lenders ratably in accordance with their respective Commitments. The failure of any Lender to make any Loan required to be made by it shall not relieve any other Lender of its obligations hereunder; provided that the Commitments of the Lenders are several and no Lender shall be responsible for any other Lender’s failure to make Loans as required.

  • Types of Loans and Borrowings For purposes of this Agreement, Loans and Borrowings, respectively, may be classified and referred to by Type (e.g., a “Eurodollar Loan” or a “Eurodollar Borrowing”).

  • Revolving Loan The Borrower shall repay to the Lenders in full on the date specified in clause (a) of the definition of “Revolving Termination Date” the aggregate principal amount of the Revolving Loans and Swing Loans outstanding on the Revolving Termination Date.

  • Revolving Loan Borrowings (i) Each Revolving Loan Borrowing shall be made on notice, given not later than (x) 12:00 noon (New York City time) on the third (3rd) Business Day prior to the date of a Eurodollar Rate Borrowing, and (y) 10:00 A.M. (New York City time) on the day of a Base Rate Borrowing, by the Borrower to the Administrative Agent, which shall give to each Lender prompt notice thereof by telecopier, telex, cable or electronic mail. Each notice of a Revolving Loan Borrowing (a “Notice of Revolving Loan Borrowing”) shall be made in the form of a written Loan Notice, or orally and confirmed immediately in writing, by telecopier, telex, cable or electronic mail, in the form of a written Loan Notice, specifying therein the requested (i) date of such Revolving Loan Borrowing (which shall be a Business Day), (ii) Type of Revolving Loan comprising such Revolving Loan Borrowing, (iii) aggregate amount of such Revolving Loan Borrowing and (iv) in the case of a Revolving Loan Borrowing comprised of Eurodollar Rate Loans, the Interest Period for each such Revolving Loan. Each Lender shall (A) before 11:00 A.M. (New York City time) on the date of such Borrowing (in the case of a Eurodollar Rate Borrowing) and (B) before 1:00 P.M. (New York City time) on the date of such Borrowing (in the case of a Base Rate Borrowing), make available for the account of its applicable Lending Office to the Administrative Agent at the Administrative Agent’s Account in same day funds, such Lender’s ratable portion of such Borrowing (based upon its Applicable Revolving Credit Percentage). After the Administrative Agent’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Section 4.02, the Administrative Agent will make such funds available to the Borrower in such manner as the Administrative Agent and the Borrower may agree; provided, however, that the Administrative Agent shall first make a portion of such funds equal to the aggregate principal amount of any Swing Loan and Letter of Credit Loans as to which the Borrower has received timely notice made by the Swing Loan Bank or the Issuing Bank, as the case may be, and by any other Lender and outstanding on the date of such Revolving Loan Borrowing, plus interest accrued and unpaid thereon to and as of such date, available to the Swing Loan Bank or the Issuing Bank, as the case may be, and such other Lenders for repayment of such Swing Loans and Letter of Credit Loans.

  • Borrowing Upon receipt of Proper Instructions, the Custodian shall deliver securities of a Portfolio to lenders or their agents, or otherwise establish a segregated account as agreed to by the applicable Fund on behalf of such Portfolio and the Custodian, as collateral for borrowings effected by such Portfolio, provided that such borrowed money is payable by the lender (a) to or upon the Custodian's order, as Custodian for such Portfolio, and (b) concurrently with delivery of such securities.

  • Revolving Borrowings Subject to the terms and conditions set forth herein, each Revolving Lender severally agrees to make loans (each such loan, a “Revolving Loan”) to the Borrower, in Dollars, 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 Commitment; provided, however, that after giving effect to any Revolving Borrowing, (i) the Total Revolving Outstandings shall not exceed the Revolving Facility, and (ii) the Revolving Exposure of any Lender shall not exceed such Revolving Lender’s Revolving Commitment. Within the limits of each Revolving Lender’s Revolving Commitment, and subject to the other terms and conditions hereof, the Borrower may borrow Revolving Loans, prepay under Section 2.05, and reborrow under this Section 2.01(b). Revolving Loans may be Base Rate Loans or Eurodollar Rate Loans, as further provided herein; provided, however, any Revolving Borrowings made on the Closing Date or any of the three (3) Business Days following the Closing Date shall be made as Base Rate Loans unless the Borrower delivers a Funding Indemnity Letter not less than three (3) Business Days prior to the date of such Revolving Borrowing.

  • Proposed Borrowing This Agreement represents Borrower’s request to borrow [Series [ ] New Term Loans] from New Term Loan Lender as follows (the “Proposed Borrowing”):

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