Common use of Commitments Clause in Contracts

Commitments. (a) Subject to the terms and conditions set forth herein, each Lender agrees, severally and not jointly, (i) to make a Tranche D Term Loan, in Dollars, to the Borrower on the Second Restatement Date, in a principal amount not to exceed its Tranche D Term Loan Commitment, (ii) to make Dollar Revolving Loans to the Borrower, in Dollars, at any time and from time to time on or after the Second Restatement Date, and until the earlier of the Revolving Credit Maturity Date with respect to the Dollar Revolving Credit Commitment of such Lender and the termination of the Dollar Revolving Credit Commitment of such Lender in accordance with the terms hereof, in an aggregate principal amount at any time outstanding that will not result in such Revolving Credit Lender’s Dollar Revolving Credit Exposure exceeding such Lender’s Dollar Revolving Credit Commitment and (iii) to make Multicurrency Revolving Loans to the Borrower, in Dollars or any Alternative Currency, at any time and from time to time on or after the Second Restatement Date, and until the earlier of the Revolving Credit Maturity Date with respect to the Multicurrency Revolving Credit Commitment of such Lender and the termination of the Multicurrency Revolving Credit Commitment of such Lender in accordance with the terms hereof, in an aggregate principal amount at any time outstanding that would not result in such Revolving Credit Lender’s Multicurrency Revolving Credit Exposure exceeding such Lender’s Multicurrency Revolving Credit Commitment. Within the limits set forth in the preceding sentence and subject to the terms, conditions and limitations set forth herein, the Borrower may borrow, pay or prepay and reborrow Revolving Loans. Amounts paid or prepaid in respect of Term Loans may not be reborrowed.

Appears in 7 contracts

Samples: Credit Agreement (TransDigm Group INC), Credit Agreement (TransDigm Group INC), Credit Agreement (TransDigm Group INC)

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Commitments. (a) Subject to the terms and conditions set forth hereinhereof, each Lender agrees, having a Revolving Credit Commitment severally and not jointly, (i) agrees to make a Tranche D Term Loan, in Dollars, revolving credit loans ("Revolving Credit Loans") to the Borrower on the Second Restatement Date, in a principal amount not to exceed its Tranche D Term Loan Commitment, (ii) to make Dollar Revolving Loans to the Borrower, in Dollars, at any time and from time to time on or after the Second Restatement Date, and until the earlier of during the Revolving Credit Maturity Date with respect to the Dollar Revolving Credit Commitment of such Lender and the termination of the Dollar Revolving Credit Commitment of such Lender in accordance with the terms hereof, Period in an aggregate principal amount at any one time outstanding that will not result in to exceed the amount of such Lender's Revolving Credit Lender’s Dollar Commitment; provided, that no Lender shall be obligated to make Revolving Credit Exposure exceeding such Lender’s Dollar Revolving Credit Commitment and (iii) to make Multicurrency Revolving Loans to the Borrower, in Dollars or any Alternative Currency, at any time and from time to time on or after the Second Restatement Date, and until the earlier of the Revolving Credit Maturity Date with respect to the Multicurrency Revolving Credit Commitment of such Lender and the termination of the Multicurrency Revolving Credit Commitment of such Lender in accordance with the terms hereof, Borrower hereunder in an aggregate principal amount at any one time outstanding that would not result in exceeding (i) during the Tranche A Commitment Period, such Lender's Revolving Credit Lender’s Multicurrency Commitment Percentage of the lesser of (A) $450,000,000 and (B) the aggregate Revolving Credit Exposure exceeding Commitments of all Lenders, (ii) during the Tranche B Commitment Period, such Lender’s Multicurrency 's Revolving Credit CommitmentCommitment Percentage of the lesser of (A) $1,200,000,000 and (B) the aggregate Revolving Credit Commitments of all Lenders and (iii) during the Tranche C Commitment Period, such Lender's Revolving Credit Commitment Percentage of the aggregate Revolving Credit Commitments of all Lenders. Within During the limits set forth in the preceding sentence and subject to the terms, conditions and limitations set forth herein, Revolving Credit Commitment Period the Borrower may borrowuse the Revolving Credit Commitments by borrowing, pay prepaying the Revolving Credit Loans in whole or prepay in part, and reborrow Revolving Loans. Amounts paid or prepaid reborrowing, all in respect of Term Loans may not be reborrowedaccordance with the terms and conditions hereof.

Appears in 6 contracts

Samples: Credit Agreement (Sprint Spectrum L P), Credit Agreement (Sprint Spectrum L P), Credit Agreement (Sprint Spectrum Finance Corp)

Commitments. (a) Subject to the terms and conditions set forth herein, (a) each Lender agrees, severally and not jointly, agrees (i) to make a Tranche D Term Loan, in Dollars, Loans to the Borrower on from time to time during the Second Restatement Date, Term Loan Availability Period in a principal amount not to exceed exceeding its Tranche D Term Loan Commitment, if any, (ii) to make Dollar Revolving Loans to the Borrower, in Dollars, at any time and Borrower from time to time on or after the Second Restatement Date, and until the earlier of during the Revolving Credit Maturity Date with respect to the Dollar Revolving Credit Commitment of such Lender and the termination of the Dollar Revolving Credit Commitment of such Lender in accordance with the terms hereof, Availability Period in an aggregate principal amount at any time outstanding that will not result in such Lender's Revolving Credit Lender’s Dollar Revolving Credit Exposure exceeding such Lender’s Dollar 's Revolving Credit Commitment and Commitment, if any, (iii) to make Multicurrency Additional Incremental Term Loans to the Borrower under any Additional Incremental Facility during the period or on the date set forth in the applicable Additional Incremental Facility Agreement in a principal amount not exceeding its Additional Incremental Commitment in respect of such Additional Incremental Facility, if any, and (iv) to make Additional Incremental Revolving Loans to the Borrower, Borrower under any Additional Incremental Facility during the period set forth in Dollars or any Alternative Currency, the applicable Additional Incremental Facility Agreement in a principal amount not exceeding at any time and its Additional Incremental Revolving Commitment in respect of such Additional Incremental Facility, if any, (b) each Incremental Tranche A Lender agrees to make Incremental Tranche A Term Loans to the Borrower from time to time on or after during the Second Restatement DateIncremental Tranche A Term Loan Availability Period in a principal amount not exceeding its Incremental Tranche A Commitment, and until provided that the earlier of initial Borrowing under the Revolving Credit Maturity Date with respect to the Multicurrency Revolving Credit Commitment of such Lender and the termination of the Multicurrency Revolving Credit Commitment of such Lender in accordance with the terms hereof, Incremental Tranche A Facility shall be in an aggregate principal amount at any time outstanding that would not result in such Revolving Credit Lender’s Multicurrency Revolving Credit Exposure exceeding such Lender’s Multicurrency Revolving Credit Commitmentless than $225,000,000 and shall occur on the First Incremental Borrowing Date. Within the foregoing limits set forth in the preceding sentence and subject to the terms, terms and conditions and limitations set forth herein, the Borrower may borrow, pay or prepay and reborrow Revolving Loans and Additional Incremental Revolving Loans. Amounts paid or prepaid repaid in respect of Term Loans, Incremental Term Loans or Additional Incremental Term Loans may not be reborrowed.

Appears in 6 contracts

Samples: Credit Agreement (Williams Companies Inc), Credit Agreement (Williams Companies Inc), Aircraft Dry Lease (Williams Companies Inc)

Commitments. (a) Subject to the terms and conditions and relying upon the representations and warranties herein set forth hereinforth, each Lender agrees, severally and not jointly, (ia) to make a Tranche D A Term Loan, in Dollars, Loan to the Borrower on the Second Restatement Date, Closing Date in a principal amount not to exceed its Tranche D Term Loan A Commitment, (iib) to make Dollar Revolving a Tranche B Term Loan to the Borrower on the Closing Date in a principal amount not to exceed its Tranche B Commitment, (c) if such Lender has so committed pursuant to Section 2.25, to make Incremental Term Loans to the Borrower, in Dollarsan aggregate principal amount not to exceed its Incremental Term Loan Commitment, and (d) to make Revolving Loans to the Borrower, at any time and from time to time on or after the Second Restatement Datedate hereof, and until the earlier of the Revolving Credit Maturity Date with respect to the Dollar Revolving Credit Commitment of such Lender and the termination of the Dollar Revolving Credit Commitment of such Lender in accordance with the terms hereof, in an aggregate principal amount at any time outstanding that will not result in such Revolving Credit Lender’s Dollar 's Revolving Credit Exposure exceeding such Lender’s Dollar Revolving Credit Commitment and (iii) to make Multicurrency Revolving Loans to the Borrower, in Dollars or any Alternative Currency, at any time and from time to time on or after the Second Restatement Date, and until the earlier of the Revolving Credit Maturity Date with respect to the Multicurrency Revolving Credit Commitment of such Lender and the termination of the Multicurrency Revolving Credit Commitment of such Lender in accordance with the terms hereof, in an aggregate principal amount at any time outstanding that would not result in such Revolving Credit Lender’s Multicurrency Revolving Credit Exposure exceeding such Lender’s Multicurrency 's Revolving Credit Commitment. Within the limits set forth in clause (d) of the preceding sentence and subject to the terms, conditions and limitations set forth herein, the Borrower may borrow, pay or prepay and reborrow Revolving Loans. Amounts paid or prepaid in respect of Term Loans may not be reborrowed.

Appears in 6 contracts

Samples: Credit Agreement (Cb Richard Ellis Services Inc), Credit Agreement (Malek Frederic V), Credit Agreement (Cb Richard Ellis Services Inc)

Commitments. (a) Subject to the terms and conditions set forth herein, (i) each Initial Term Lender agreesseverally, severally and not jointly, (i) agrees to make a Tranche D Initial Term Loan, in Dollars, Loans to the Borrower on the Second Restatement Closing Date, in the case of the First Amendment Incremental Term Loans, on the First Amendment Closing Date, or in the case of the 2021 Replacement Term Loans, on the Third Amendment Closing Date, or in the case of the Fourth Amendment Incremental Term Loans, on the Fourth Amendment Closing Date, in each case in Dollars in a principal amount not to exceed its Tranche D Initial Term Loan Commitment, (ii) each Second Incremental Term Loan Lender severally, and not jointly, agrees to make Dollar Second Amendment Incremental Term Loans to the Borrower on the Second Amendment Closing Date and (iii) each Revolving Lender severally, and not jointly, agrees to make Revolving Loans to the Borrower, Borrower in Dollars, Dollars at any time and from time to time on or and after the Second Restatement Closing Date, and until the earlier of the Initial Revolving Credit Maturity Date with respect to and the Dollar termination of the Initial Revolving Credit Commitment of such Lender and the termination of the Dollar Initial Revolving Credit Commitment of such Lender in accordance with the terms hereof; provided that, in an aggregate principal amount at after giving effect to any time outstanding that will not result in Borrowing of Initial Revolving Loans, the Outstanding Amount of such Initial Revolving Credit Lender’s Dollar Initial Revolving Credit Exposure exceeding shall not exceed such Initial Revolving Lender’s Dollar Revolving Credit Commitment and (iii) to make Multicurrency Revolving Loans to the Borrower, in Dollars or any Alternative Currency, at any time and from time to time on or after the Second Restatement Date, and until the earlier of the Revolving Credit Maturity Date with respect to the Multicurrency Revolving Credit Commitment of such Lender and the termination of the Multicurrency Revolving Credit Commitment of such Lender in accordance with the terms hereof, in an aggregate principal amount at any time outstanding that would not result in such Revolving Credit Lender’s Multicurrency Revolving Credit Exposure exceeding such Lender’s Multicurrency Initial Revolving Credit Commitment. Within the foregoing limits set forth in the preceding sentence and subject to the terms, conditions and limitations set forth herein, the Borrower may borrow, pay or prepay and reborrow Revolving Loans. Amounts paid or prepaid in respect of the Initial Term Loans and the Second Amendment Incremental Term Loans may not be reborrowed.

Appears in 5 contracts

Samples: First Lien Credit Agreement (Waystar Holding Corp.), First Lien Credit Agreement (Waystar Holding Corp.), First Lien Credit Agreement (Waystar Holding Corp.)

Commitments. (a) Subject to the terms and conditions set forth herein, each Lender agrees, severally and not jointly, (i) each Revolving A Lender severally agrees to make a Tranche D Term Loan, Revolving A Loans denominated in Dollars, Dollars or an Alternative Currency to the Borrower on or, if applicable, any Additional Borrower as elected by the Second Restatement Date, in a principal amount not Borrower pursuant to exceed its Tranche D Term Loan Commitment, (ii) to make Dollar Revolving Loans to the Borrower, in Dollars, at any time and Section 2.03 from time to time time, on or after the Second Restatement Date, and until the earlier of any Business Day during the Revolving Credit Maturity Date with respect to the Dollar Revolving Credit Commitment of such Lender and the termination of the Dollar Revolving Credit Commitment of such Lender in accordance with the terms hereofAvailability Period, in an aggregate principal amount at any time outstanding Outstanding Amount that will not result in such Revolving Credit A Lender’s Dollar Revolving Credit A Exposure exceeding such Revolving A Lender’s Dollar Revolving Credit A Commitment or the aggregate Outstanding Amount of Revolving Loans denominated in Alternative Currencies exceeding the Alternative Currency Sublimit and (iiiii) each Revolving B Lender severally agrees to make Multicurrency Revolving B Loans to the Borrower, denominated in Dollars or any an Alternative CurrencyCurrency to the Borrower or, at any time and if applicable, an Additional Borrower, as elected by the Borrower pursuant to Section 2.03 from time to time time, on or after the Second Restatement Date, and until the earlier of any Business Day during the Revolving Credit Maturity Date with respect to the Multicurrency Revolving Credit Commitment of such Lender and the termination of the Multicurrency Revolving Credit Commitment of such Lender in accordance with the terms hereofAvailability Period, in an aggregate principal amount at any time outstanding Outstanding Amount that would will not result in such Revolving Credit B Lender’s Multicurrency Revolving Credit B Exposure exceeding such Revolving B Lender’s Multicurrency Revolving Credit CommitmentB Commitment or the aggregate Outstanding Amount of Revolving Loans denominated in Alternative Currencies exceeding the Alternative Currency Sublimit. Within the limits set forth in the preceding sentence of each Revolving Lender’s Revolving Commitment, and subject to the terms, other terms and conditions and limitations set forth hereinhereof, the Borrower may borrow, pay or prepay prepay, and reborrow Revolving Loans. Amounts paid Revolving Loans denominated in Dollars may be ABR Loans or prepaid Eurocurrency Loans, as further provided herein, and Revolving Loans denominated in respect of Term Loans may not Alternative Currencies must be reborrowedEurocurrency Loans, as further provided herein.

Appears in 3 contracts

Samples: Credit Agreement (Nasdaq, Inc.), Credit Agreement (Nasdaq, Inc.), Credit Agreement (Nasdaq, Inc.)

Commitments. (a) Subject to the terms and conditions and relying upon the representations and warranties herein set forth hereinforth, each Lender agrees, severally and not jointly, (ia) to make a Tranche D Term Loan, in Dollars, term loan to the Borrower on the Second Restatement Date, Tender Offer Date in a an aggregate principal amount not to exceed its Tranche D Term Loan Commitmentthe Tender Facility Commitment of such Lender, (iib) to make Dollar Revolving Loans revolving loans to the Borrower, in Dollars, at any time and from time to time on or after the Second Restatement Date, Tender Offer Date and until the earlier of the Revolving Credit Pre-Merger Facilities Maturity Date with respect to and the Dollar termination of the Pre-Merger Revolving Credit Commitment of such Lender in accordance with the terms hereof, in an aggregate principal amount at any time outstanding not to exceed the Pre-Merger Revolving Credit Commitment of such Lender, (c) to make term loans to the Borrower, at any time and from time to time during the Term Facility Availability Period, in an aggregate principal amount not to exceed the Term Facility Commitment of such Lender and (d) to make revolving loans to the Borrower, at any time and from time to time on or after the Merger Date and until the earlier of the Post-Merger Facilities Maturity Date and the termination of the Dollar Post-Merger Revolving Credit Commitment of such Lender in accordance with the terms hereof, in an aggregate principal amount at any time outstanding that will not result in such Revolving Credit Lender’s Dollar (i) the Post-Merger Revolving Credit Exposure of such Lender exceeding such Lender’s Dollar Revolving Credit Commitment and (iiiii) to make Multicurrency Revolving Loans to the Borrower, in Dollars or any Alternative Currency, at any time and from time to time on or after the Second Restatement Date, and until the earlier of the Revolving Credit Maturity Date with respect to the Multicurrency Post-Merger Revolving Credit Commitment of such Lender and the termination of the Multicurrency Revolving Credit Commitment of such Lender in accordance with the terms hereof, in an aggregate principal amount at any time outstanding that would not result in such Revolving Credit Lender’s Multicurrency Revolving Credit Exposure exceeding such Lender’s Multicurrency Revolving Credit Commitment. Within the limits set forth in clauses (b) and (d) of the preceding sentence sentence, the Borrower may borrow, pay or prepay and reborrow Pre-Merger Revolving Loans and Post-Merger Revolving Loans subject to the terms, conditions and limitations set forth herein, the Borrower may borrow, pay or prepay and reborrow Revolving Loans. Amounts paid or prepaid in respect of Tender Facility Loans and Term Facility Loans may not be reborrowed.

Appears in 3 contracts

Samples: Credit Agreement (Schein Pharmaceutical Inc), Credit Agreement (Danbury Pharmacal Puerto Rico Inc), General Liability (Schein Pharmaceutical Inc)

Commitments. (a) Subject to the terms and conditions set forth herein, (i) each Initial Term Lender agreesseverally, severally and not jointly, agrees to (ix) to make a Tranche D Initial Dollar Term Loan, in Dollars, Loans to the Initial U.S. Borrower on the Second Restatement Date, Closing Date in a principal amount not to exceed its Tranche D Initial Dollar Term Loan Commitment, Commitment and (y) make separate Initial Euro Term Loans (in the amounts specified in their respective borrowing notices) to each of the Initial U.S. Borrower and the Initial Dutch Borrower on the Closing Date in an aggregate principal amount not to exceed its Initial Euro Term Loan Commitment and (ii) each Revolving Lender severally, and not jointly, agrees to make Dollar Initial Revolving Loans to the Borrower, each Borrower in Dollars, Euros or any Alternate Currency at any time and from time to time on or and after the Second Restatement Closing Date (subject to the limitations on incurrence of Initial Revolving Loans on the Closing Date), and until the earlier of the Initial Revolving Credit Maturity Date with respect to and the Dollar termination of the Initial Revolving Credit Commitment of such Lender and the termination of the Dollar Initial Revolving Credit Commitment of such Lender in accordance with the terms hereof; provided that, in an aggregate principal amount at after giving effect to any time outstanding that will not result in Borrowing of Initial Revolving Loans, the Outstanding Amount of such Initial Revolving Credit Lender’s Dollar Initial Revolving Credit Exposure exceeding shall not exceed such Initial Revolving Lender’s Dollar Revolving Credit Commitment and (iii) to make Multicurrency Revolving Loans to the Borrower, in Dollars or any Alternative Currency, at any time and from time to time on or after the Second Restatement Date, and until the earlier of the Revolving Credit Maturity Date with respect to the Multicurrency Revolving Credit Commitment of such Lender and the termination of the Multicurrency Revolving Credit Commitment of such Lender in accordance with the terms hereof, in an aggregate principal amount at any time outstanding that would not result in such Revolving Credit Lender’s Multicurrency Revolving Credit Exposure exceeding such Lender’s Multicurrency Initial Revolving Credit Commitment. Within the foregoing limits set forth in the preceding sentence and subject to the terms, conditions and limitations set forth herein, the each Borrower may borrow, pay or prepay and reborrow re-borrow Revolving Loans. Amounts paid or prepaid in respect of the Initial Term Loans may not be reborrowedre-borrowed.

Appears in 3 contracts

Samples: First Lien Credit Agreement (Ranpak Holdings Corp.), First Lien Credit Agreement (Ranpak Holdings Corp.), First Lien Credit Agreement (Ranpak Holdings Corp.)

Commitments. (a) Subject to the terms and conditions set forth herein, each Lender agrees, severally and not jointly, agrees (ia) to make a Tranche D A Term Loan, in Dollars, Loan to the Parent Borrower on the Second Restatement Date, Effective Date in a principal amount not to exceed exceeding its Tranche D Term Loan A Commitment, (iib) to make Dollar a Tranche B Term Loan to the Parent Borrower on the Effective Date in a principal amount not exceeding its Tranche B Commitment, (c) to make Domestic Revolving Loans to the Borrower, in Dollars, at any time and Parent Borrower from time to time on or after during the Second Restatement Date, and until the earlier of the Domestic Revolving Credit Maturity Date with respect to the Dollar Revolving Credit Commitment of such Lender and the termination of the Dollar Revolving Credit Commitment of such Lender in accordance with the terms hereof, Availability Period in an aggregate principal amount at any time outstanding that will not result in such Lender's Domestic Revolving Credit Lender’s Dollar Revolving Credit Exposure exceeding such Lender’s Dollar 's Domestic Revolving Credit Commitment and (iiid) to make Multicurrency Revolving Loans to the Borrower, in Dollars or any Alternative Currency, at any time and Borrower from time to time on or after the Second Restatement Date, and until the earlier of the Revolving Credit Maturity Date with respect to during the Multicurrency Revolving Credit Commitment of such Lender and the termination of the Multicurrency Revolving Credit Commitment of such Lender in accordance with the terms hereof, Availability Period in an aggregate principal amount at any time outstanding that would will not result in such Revolving Credit Lender’s 's Multicurrency Revolving Credit Exposure (determined base on Assigned Dollar Value, in the case of Alternative Currency Loans) exceeding such Lender’s 's Multicurrency Revolving Credit Commitment. Within the foregoing limits set forth in the preceding sentence and subject to the terms, terms and conditions and limitations set forth herein, the Borrower Borrowers may borrow, pay or prepay and reborrow Revolving Loans. Amounts paid or prepaid repaid in respect of Term Loans may not be reborrowed.

Appears in 3 contracts

Samples: Credit Agreement (Knowles Electronics LLC), Credit Agreement (Knowles Electronics LLC), Credit Agreement (Knowles Electronics LLC)

Commitments. (a) Subject to the terms and conditions set forth herein, each Lender agrees, severally and not jointly, agrees (ia) to make a Tranche D Term Loan, A USD Loan in Dollars, Dollars to the Parent Borrower on the Second Restatement Date, Effective Date in a an aggregate principal amount not exceeding its Term A USD Commitment, (b) to exceed make a Term A EUR Loan in Euros to the Parent Borrower on the Restatement Effective Date in an aggregate principal amount not exceeding its Tranche D Term Loan A EUR Commitment, (c) to make Term B USD Loans in Dollars to the Parent Borrower on the Restatement Effective Date in an aggregate principal amount not exceeding its Term B USD Commitment, (d) to make Term B EUR Loans in Euro to the Parent Borrower on the Restatement Effective Date in an aggregate principal amount not exceeding its Term B EUR Commitment and (e) to make USD/Multicurrency Revolving Loans in Dollars or Alternative Currencies to the Parent Borrower, the Dutch Borrower and any Additional Borrowers from time to time during the Revolving Availability Period in an aggregate principal amount that will not result in (i) the Dollar Equivalent of such Lender’s USD/Multicurrency Revolving Exposure exceeding such Lender’s USD/Multicurrency Revolving Commitment, (ii) to make the aggregate Dollar Revolving Loans to the Borrower, in Dollars, at any time and from time to time on or after the Second Restatement Date, and until the earlier Equivalent of the USD/Multicurrency Revolving Credit Maturity Date with respect to Exposure of all Lenders exceeding the Dollar aggregate USD/Multicurrency Revolving Credit Commitment of such Lender and the termination of the Dollar Revolving Credit Commitment of such Lender in accordance with the terms hereof, in an aggregate principal amount at any time outstanding that will not result in such Revolving Credit Lender’s Dollar Revolving Credit Exposure exceeding such Lender’s Dollar Revolving Credit Commitment and all Lenders or (iii) to make the Dollar Equivalent of the aggregate Multicurrency Revolving Loans to the Borrower, in Dollars or any Alternative Currency, at any time and from time to time on or after the Second Restatement Date, and until the earlier of the Revolving Credit Maturity Date with respect to Exposure exceeding the Multicurrency Revolving Credit Commitment of such Lender and the termination of the Multicurrency Revolving Credit Commitment of such Lender in accordance with the terms hereof, in an aggregate principal amount at any time outstanding that would not result in such Revolving Credit Lender’s Multicurrency Revolving Credit Exposure exceeding such Lender’s Multicurrency Revolving Credit CommitmentSublimit. Within the foregoing limits set forth in the preceding sentence and subject to the terms, terms and conditions and limitations set forth herein, the Borrower Borrowers may borrow, pay or prepay and reborrow Revolving Loans. Amounts paid or prepaid repaid in respect of Term Loans may not be reborrowed. Notwithstanding anything herein or in any other Loan Document to the contrary, (i) the proceeds of the Revolving Loans incurred by the Dutch Borrower will be made available solely to and received solely by the Dutch Borrower, (ii) the Dutch Borrower will not, and will not have any obligation to, guarantee the Obligations of the Parent Borrower, the Guarantors or any other obligor under the Loan Documents and (iii) the Dutch Borrower will not, and will not have any obligation to, pledge or otherwise xxxxx x Xxxx on any of its assets with respect to any of the Obligations (including with respect to any Loans made to the Dutch Borrower).

Appears in 2 contracts

Samples: Credit Agreement (Coty Inc.), Credit Agreement (Coty Inc.)

Commitments. (a) Subject to the terms and conditions set forth herein, each Term Lender with a Closing Date Term Commitment agrees, severally and not jointly, to make Closing Date Term Loans on the Closing Date in Dollars to (i) OPC in a principal amount not to exceed the OPC Closing Portion of such Term Lender’s Closing Date Term Commitment, (ii) OBI in a principal amount not to exceed the OBI Closing Portion of such Term Lender’s Closing Date Term Commitment, (iii) OBII in an principal amount not to exceed the OBII Closing Portion of such Term Lender’s Closing Date Term Commitment and (iv) Valkyrie in a principal amount not to exceed the Valkyrie Closing Portion of such Term Lender’s Closing Date Term Commitment, Amounts paid or prepaid in respect of the Closing Date Term Loans may not he reborrowed. Subject to the terms and conditions set forth herein, each Revolving Lender agrees, severally and not jointly, (i) to make a Tranche D Term Loan, in Dollars, to the Borrower on the Second Restatement Date, in a principal amount not to exceed its Tranche D Term Loan Commitment, (ii) to make Dollar Revolving Loans to the Borrower, Borrowers in Dollars, at any time and from time to time on or and after the Second Restatement Closing Date, and until the earlier of the Revolving Credit Maturity Date with respect to the Dollar Revolving Credit Commitment of such Lender and the termination of the Dollar Revolving Credit Commitment of such Lender in accordance with the terms hereof; provided that, in an aggregate principal amount at after giving effect to any time outstanding that will not result in Borrowing of Revolving Loans the Outstanding Amount of such Revolving Credit Lender’s Dollar Revolving Credit Exposure exceeding shall not exceed such Lender’s Dollar Revolving Credit Commitment and (iii) to make Multicurrency Revolving Loans to the Borrower, in Dollars or any Alternative Currency, at any time and from time to time on or after the Second Restatement Date, and until the earlier of the Revolving Credit Maturity Date with respect to the Multicurrency Revolving Credit Commitment of such Lender and the termination of the Multicurrency Revolving Credit Commitment of such Lender in accordance with the terms hereof, in an aggregate principal amount at any time outstanding that would not result in such Revolving Credit Lender’s Multicurrency Revolving Credit Exposure exceeding such Lender’s Multicurrency Revolving Credit Commitment. Within the foregoing limits set forth in the preceding sentence and subject to the terms, conditions and limitations set forth herein, the Borrower Borrowers may borrow, pay repay or prepay and reborrow Revolving Loans. Amounts paid or prepaid in respect of the Term Loans may not be reborrowed.

Appears in 2 contracts

Samples: Credit Agreement (Osmotica Pharmaceuticals PLC), Credit Agreement (Osmotica Pharmaceuticals LTD)

Commitments. (a) Subject to the terms and conditions set forth herein, each Term Lender agrees, severally and not jointly, to make Term Loans on the Closing Date in Dollars to (i) to make a Tranche D Term Loan, in Dollars, to the Borrower on the Second Restatement Date, OPC in a principal amount not to exceed its Tranche D the OPC Portion of such Term Loan Lender’s Term Commitment, (ii) OBI in a principal amount not to exceed the OBI Portion of such Term Lender’s Term Commitment, (iii) OBII in an principal amount not to exceed the OBII Portion of such Term Lender’s Term Commitment and (iv) Valkyrie in a principal amount not to exceed the Valkyrie Portion of such Term Lender’s Term Commitment. Subject to the terms and conditions set forth herein, each Revolving Lender agrees, severally and not jointly, to make Dollar Revolving Loans to the Borrower, Borrowers in Dollars, at any time and from time to time on or and after the Second Restatement Closing Date, and until the earlier of the Revolving Credit Maturity Date with respect to the Dollar Revolving Credit Commitment of such Lender and the termination of the Dollar Revolving Credit Commitment of such Lender in accordance with the terms hereof; provided that, in an aggregate principal amount at after giving effect to any time outstanding that will not result in Borrowing of Revolving Loans the Outstanding Amount of such Revolving Credit Lender’s Dollar Revolving Credit Exposure exceeding shall not exceed such Lender’s Dollar Revolving Credit Commitment and (iii) to make Multicurrency Revolving Loans to the Borrower, in Dollars or any Alternative Currency, at any time and from time to time on or after the Second Restatement Date, and until the earlier of the Revolving Credit Maturity Date with respect to the Multicurrency Revolving Credit Commitment of such Lender and the termination of the Multicurrency Revolving Credit Commitment of such Lender in accordance with the terms hereof, in an aggregate principal amount at any time outstanding that would not result in such Revolving Credit Lender’s Multicurrency Revolving Credit Exposure exceeding such Lender’s Multicurrency Revolving Credit Commitment. Within the foregoing limits set forth in the preceding sentence and subject to the terms, conditions and limitations set forth herein, the Borrower Borrowers may borrow, pay repay or prepay and reborrow Revolving Loans. Amounts paid or prepaid in respect of the Term Loans may not be reborrowed.

Appears in 2 contracts

Samples: Credit Agreement (Osmotica Pharmaceuticals PLC), Credit Agreement (Osmotica Pharmaceuticals LTD)

Commitments. (a) Subject to the terms and conditions set forth herein, each Lender agrees, severally and not jointly, agrees (ia) to make a Tranche D A Term Loan, Loan denominated in Dollars, Dollars to the U.S. Borrower on the Second Restatement Date, Closing Date in a principal amount not to exceed its exceeding such Lender's Tranche D A Term Loan Commitment, (iib) to make Dollar Revolving Loans a Tranche B-1 Term Loan denominated in Dollars to the BorrowerU.S. Borrower on the Closing Date in a principal amount not exceeding such Lender's Tranche B-1 Term Loan Commitment, (c) to make a Tranche B-2 Term Loan denominated in Euros to the U.S. Borrower on the Closing Date in a principal amount having a Dollar Equivalent not exceeding such Lender's Tranche B-2 Term Loan Commitment, (d) to make (i) Global Revolving Facility Loans denominated in Dollars to the U.S. Borrower from its U.S. Lending Office and (ii) Global Revolving Facility Loans denominated in Dollars or Foreign Currencies to Foreign Subsidiary Borrowers from its Global Lending Office, in Dollars, at any time the case of clauses (i) and (ii) from time to time on or after during the Second Restatement Date, and until the earlier of the Revolving Credit Maturity Date with respect to the Dollar Revolving Credit Commitment of such Lender and the termination of the Dollar Revolving Credit Commitment of such Lender in accordance with the terms hereof, Availability Period in an aggregate principal amount at any time outstanding that will not result in (A) such Lender's Global Revolving Facility Credit Exposure exceeding (1) such Lender’s Dollar 's Global Revolving Facility Commitment minus (2) such Lender's Ancillary Commitment or (B) the Global Revolving Facility Credit Exposure exceeding (1) the total Global Revolving Facility Commitments minus (2) the total Ancillary Commitments, and (e) to make U.S. Revolving Facility Loans denominated in Dollars to the U.S. Borrower from its U.S. Lending Office from time to time during the Availability Period in an aggregate principal amount that will not result in (i) such Lender's U.S. Revolving Facility Credit Exposure exceeding such Lender’s Dollar 's U.S. Revolving Credit Facility Commitment and or (iiiii) to make Multicurrency the U.S. Revolving Loans to the Borrower, in Dollars or any Alternative Currency, at any time and from time to time on or after the Second Restatement Date, and until the earlier of the Revolving Credit Maturity Date with respect to the Multicurrency Revolving Credit Commitment of such Lender and the termination of the Multicurrency Revolving Credit Commitment of such Lender in accordance with the terms hereof, in an aggregate principal amount at any time outstanding that would not result in such Revolving Credit Lender’s Multicurrency Revolving Facility Credit Exposure exceeding such Lender’s Multicurrency the total U.S. Revolving Credit CommitmentFacility Commitments; provided that Revolving Loans made on the Closing Date (x) shall be made only to the U.S. Borrower and (y) shall not exceed $12,000,000 in aggregate principal amount. Within the foregoing limits set forth in the preceding sentence and subject to the terms, terms and conditions and limitations set forth herein, the Borrower Borrowers may borrow, pay or prepay and reborrow Revolving Loans. Amounts paid or prepaid repaid in respect of Term Loans may not be reborrowed.

Appears in 2 contracts

Samples: Credit Agreement (TRW Automotive Inc), Credit Agreement (TRW Automotive Inc)

Commitments. (a) Subject to the terms and conditions set forth herein, each Lender agrees, severally and not jointly, agrees (ia) to make a Tranche D A Term Loan, Loan denominated in Dollars, dollars to the Borrower on the Second Restatement Date, Effective Date in a principal amount not to exceed exceeding its Tranche D A Term Loan Commitment, (iib) to make Dollar a Tranche B Term Loan denominated in dollars to the Borrower on the Effective Date in a principal amount not exceeding its Tranche B Term Commitment, (c) to make Revolving Loans denominated in dollars to the Borrower, in Dollars, at any time and Borrower from time to time on or after the Second Restatement Datetime, and until the earlier of in each case during the Revolving Credit Maturity Date with respect to the Dollar Revolving Credit Commitment of such Lender and the termination of the Dollar Revolving Credit Commitment of such Lender in accordance with the terms hereofAvailability Period, in an aggregate principal amount at any time outstanding that will not result in such Revolving Credit Lender’s Dollar Revolving Credit Exposure exceeding such Lender’s Dollar Revolving Credit Commitment or the Aggregate Dollar Revolving Exposure exceeding the Aggregate Dollar Revolving Commitment and (iiid) to make Multicurrency Revolving Loans denominated in dollars or in any Permitted Foreign Currency to the Borrower, in Dollars or any Alternative Currency, at any time and Borrower from time to time on or after the Second Restatement Datetime, and until the earlier of in each case during the Revolving Credit Maturity Date with respect to the Multicurrency Revolving Credit Commitment of such Lender and the termination of the Multicurrency Revolving Credit Commitment of such Lender in accordance with the terms hereofAvailability Period, in an aggregate principal amount at any time outstanding that would will not result in such Revolving Credit Lender’s Multicurrency Multi-Currency Revolving Credit Exposure exceeding such Lender’s Multicurrency Multi-Currency Revolving Credit Commitment or the Aggregate Multi-Currency Revolving Exposure exceeding the Aggregate Multi-Currency Revolving Commitment; provided that in the case of clauses (c) and (d) above, the aggregate principal amount of Revolving Loans made by the Revolving Lenders to the Borrower on the Effective Date shall not exceed $50,000,000. Within the foregoing limits set forth in the preceding sentence and subject to the terms, terms and conditions and limitations set forth herein, the Borrower may borrow, pay or prepay and reborrow Revolving Loans. Amounts paid repaid or prepaid in respect of Term Loans may not be reborrowed. Notwithstanding anything to the contrary contained herein, the funded portion of each (i) Tranche A Term Loan (i.e., the amount advanced in cash to the Borrower on the Effective Date) shall be equal to 99.50% to 99.75% (as separately agreed between the Borrower and the Administrative Agent) of the principal amount of such Tranche A Term Loan (it being agreed that the Borrower shall be obligated to repay 100.00% of the principal amount of each such Tranche A Term Loan, the Tranche A Term Loans shall amortize based on 100.00% of the principal amount of each Tranche A Term Loan and interest shall accrue on 100.00% of the principal amount of each such Tranche A Term Loan, in each case as provided herein) and (ii) Tranche B Term Loan (i.e., the amount advanced in cash to the Borrower on the Effective Date) shall be equal to 99.75% of the principal amount of such Tranche B Term Loan (it being agreed that the Borrower shall be obligated to repay 100.00% of the principal amount of each such Tranche B Term Loan, the Tranche B Term Loans shall amortize based on 100.00% of the principal amount of each Tranche B Term Loan and interest shall accrue on 100.00% of the principal amount of each such Tranche B Term Loan, in each case as provided herein).

Appears in 2 contracts

Samples: Credit Agreement (Allegion PLC), Credit Agreement (Allegion PLC)

Commitments. (a) Subject to the terms and conditions set forth herein, (a) each Lender agreesseverally agrees to make Revolving Loans in Dollars or in an Alternative Currency to the Borrowers from time to time on any Business Day during the Revolving Availability Period in such Lender's Applicable Percentage of such aggregate amount as the Borrower may from time to time request, (b) each Lender severally agrees to issue, extend and renew in such Lender’s Applicable Percentage, Syndicated Letters of Credit at the request of and for the account of any Borrower or any Eligible Affiliate from time to time during the Revolving Availability Period, (c) the Fronting Bank agrees to issue, extend and renew Fronted Letters of Credit for the account any Borrower or any Eligible Affiliate from time to time during the Revolving Availability Period and each Lender agrees to purchase risk participations in the obligations of the Fronting Bank under the Fronted Letters of Credit as more fully set forth in SECTION 3.03, and (d) the Swingline Lender agrees to make Swingline Loans in Dollars to the Borrowers from time to time on any Business Day during the Revolving Availability Period in an amount not jointlyto exceed the Swingline Sublimit; provided, however, that, in each case, after giving effect to any Credit Extension (including any concurrent repayment of Swingline Loans with proceeds of such Credit Extension), (i) to make a Tranche D Term Loan, in Dollars, to the Borrower on the Second Restatement Date, in a principal amount such Lender’s Revolving Credit Exposure shall not to exceed its Tranche D Term Loan such Lender’s Commitment, (ii) to make Dollar Revolving Loans to the Borrower, in Dollars, at any time and from time to time on or after the Second Restatement Date, and until the earlier of the total Revolving Credit Maturity Date with respect to Exposures shall not exceed the Dollar Revolving Credit Commitment of such Lender and the termination of the Dollar Revolving Credit Commitment of such Lender in accordance with the terms hereofAggregate Commitments, in an aggregate principal amount at any time outstanding that will not result in such Revolving Credit Lender’s Dollar Revolving Credit Exposure exceeding such Lender’s Dollar Revolving Credit Commitment and (iii) to make Multicurrency Revolving Loans to the Borrower, in Dollars or any Alternative Currency, at any time and from time to time on or after the Second Restatement Date, and until the earlier of the Revolving Credit Maturity Date aggregate LC Obligations with respect to Fronted Letters of Credit shall not exceed the Multicurrency Revolving Fronted Letter of Credit Commitment of such Lender and the termination of the Multicurrency Revolving Credit Commitment of such Lender in accordance with the terms hereof, in an aggregate principal amount at any time outstanding that would not result in such Revolving Credit Lender’s Multicurrency Revolving Credit Exposure exceeding such Lender’s Multicurrency Revolving Credit CommitmentSublimit. Within the foregoing limits set forth in the preceding sentence and subject to the terms, terms and conditions and limitations set forth herein, the Borrower Borrowers may borrow, pay or prepay and reborrow Revolving Loans. Amounts paid or prepaid in respect of Term Revolving Loans may not be reborrowedABR Loans, XXXXX Loans, Term SOFR Loans or Eurocurrency Rate Loans, as further provided herein.

Appears in 2 contracts

Samples: Revolving Credit Agreement, Revolving Credit Agreement (Enstar Group LTD)

Commitments. (a) Subject to the terms and conditions and relying upon the representations and warranties herein set forth hereinforth, (i) each Funded Term Loan Lender agrees, severally and not jointly, (i) to make a Tranche D Funded Term Loan, in Dollars, Loan to the Borrower on the Second Restatement Closing Date, in a principal amount not to exceed its Tranche D Funded Term Loan Commitment, (ii) each Delayed Draw Term Loan Lender agrees, severally and not jointly, to make Dollar Delayed Draw Term Loans to the Borrower from time to time during the period commencing on the date hereof and ending on the Delayed Draw Commitment Termination Date, in an aggregate principal amount not to exceed its Delayed Draw Term Loan Commitment, and (iii) each Revolving Credit Lender agrees, severally and not jointly, to make Revolving Loans to the Borrower, in Dollars, at any time and from time to time on or after the Second Restatement Datedate hereof, and until the earlier of the Revolving Credit Maturity Date with respect to the Dollar Revolving Credit Commitment of such Lender and the termination of the Dollar Revolving Credit Commitment of such Lender in accordance with the terms hereof, in an aggregate principal amount at any time outstanding that will not result in such Revolving Credit Lender’s Dollar Revolving Credit Exposure exceeding such Lender’s Dollar Revolving Credit Commitment and (iii) to make Multicurrency Revolving Loans to the Borrower, in Dollars or any Alternative Currency, at any time and from time to time on or after the Second Restatement Date, and until the earlier of the Revolving Credit Maturity Date with respect to the Multicurrency Revolving Credit Commitment of such Lender and the termination of the Multicurrency Revolving Credit Commitment of such Lender in accordance with the terms hereof, in an aggregate principal amount at any time outstanding that would not result in such Revolving Credit Lender’s Multicurrency Revolving Credit Exposure exceeding such Lender’s Multicurrency Revolving Credit Commitment. Within the limits set forth in clause (iii) of the preceding sentence and subject to the terms, conditions and limitations set forth herein, the Borrower may borrow, pay or prepay and reborrow Revolving Loans. Amounts paid or prepaid in respect of Term Loans may not be reborrowed.

Appears in 2 contracts

Samples: Credit Agreement (Community Health Systems Inc), Credit Agreement (Community Health Systems Inc)

Commitments. (a) Subject to the terms and conditions set forth herein, (a) each Tranche B Term Lender agrees, severally and not jointly, (i) agrees to make a Tranche D B Term Loan, Loan denominated in Dollars, dollars to the Borrower on the Second Restatement Date, Effective Date in a principal amount not to exceed exceeding its Tranche D B Term Loan Commitment, (iib) each Tranche A Term Lender agrees to make Dollar a Tranche A Term Loan denominated in dollars to the Borrower on the Effective Date in a principal amount not exceeding its Tranche A Term Commitment and (c) each Revolving Lender agrees to make Revolving Loans denominated in dollars or a Permitted Foreign Currency to the Borrower, in Dollars, at any time and Borrower from time to time on or after the Second Restatement Datetime, and until the earlier of in each case during the Revolving Credit Maturity Date with respect to the Dollar Revolving Credit Commitment of such Lender and the termination of the Dollar Revolving Credit Commitment of such Lender in accordance with the terms hereofAvailability Period, in an aggregate principal amount at any time outstanding that will not result in such Revolving Credit Lender’s Dollar Revolving Credit Exposure exceeding such Lender’s Dollar Revolving Credit Commitment and (iii) to make Multicurrency or the Aggregate Revolving Loans to the Borrower, in Dollars or any Alternative Currency, at any time and from time to time on or after the Second Restatement Date, and until the earlier of the Revolving Credit Maturity Date with respect to the Multicurrency Revolving Credit Commitment of such Lender and the termination of the Multicurrency Revolving Credit Commitment of such Lender in accordance with the terms hereof, in an aggregate principal amount at any time outstanding that would not result in such Revolving Credit Lender’s Multicurrency Revolving Credit Exposure exceeding such Lender’s Multicurrency the Aggregate Revolving Credit Commitment. Tranche B Term Loans and Tranche A Term Loans may be ABR Loans or Eurocurrency Loans, as further provided herein. Within the foregoing limits set forth in the preceding sentence and subject to the terms, terms and conditions and limitations set forth herein, the Borrower may borrow, pay or prepay and reborrow Revolving Loans. Amounts paid repaid or prepaid in respect of Term Loans may not be reborrowed.

Appears in 2 contracts

Samples: First Amendment (Resideo Technologies, Inc.), Credit Agreement (Resideo Technologies, Inc.)

Commitments. (a) Subject to the terms and conditions set forth herein, (i) each Initial Term Lender agreesseverally, severally and not jointly, (i) agrees to make a Tranche D Initial Term Loan, in Dollars, Loans to the Borrower on the Second Restatement Date, Closing Date in Dollars in a principal amount not to exceed its Tranche D Initial Term Loan Commitment, Commitment and (ii) each Initial Revolving Lender (including, from and after the First Amendment Effective Date, the 2020 Incremental Revolving Facility Lender with respect to its 2020 Incremental Revolving Facility Commitment) severally, and not jointly, agrees to make Dollar Revolving Loans to the Borrower in Dollars or any Alternate Currency as may be requested by the Borrower, in Dollars, at any time and from time to time on or and after the Second Restatement Closing Date, and until the earlier of the Initial Revolving Credit Maturity Date with respect to and the Dollar termination of the Initial Revolving Credit Commitment of such Lender and the termination of the Dollar Initial Revolving Credit Commitment of such Lender in accordance with the terms hereof; provided that, in an aggregate principal amount at after giving effect to any time outstanding that will not result in Borrowing of Revolving Loans, the Outstanding Amount of such Initial Revolving Credit Lender’s Dollar Revolving Credit Exposure exceeding shall not exceed such Initial Revolving Lender’s Dollar Revolving Credit Commitment and (iii) to make Multicurrency Revolving Loans to the Borrower, in Dollars or any Alternative Currency, at any time and from time to time on or after the Second Restatement Date, and until the earlier of the Revolving Credit Maturity Date with respect to the Multicurrency Revolving Credit Commitment of such Lender and the termination of the Multicurrency Revolving Credit Commitment of such Lender in accordance with the terms hereof, in an aggregate principal amount at any time outstanding that would not result in such Revolving Credit Lender’s Multicurrency Revolving Credit Exposure exceeding such Lender’s Multicurrency Revolving Credit Commitment. Within the foregoing limits set forth in the preceding sentence and subject to the terms, conditions and limitations set forth herein, the Borrower (x) Revolving Loans denominated in Dollars may borrowconsist of ABR Loans, pay LIBO Rate Loans, or prepay a combination thereof, and reborrow may be borrowed, paid, repaid and reborrowed and (y) Revolving Loans denominated in any Alternate Currency shall consist of LIBO Rate Loans, and may be borrowed, paid, repaid and reborrowed. Amounts paid or prepaid in respect of the Initial Term Loans may not be reborrowed.

Appears in 1 contract

Samples: Credit Agreement (Olaplex Holdings, Inc.)

Commitments. (a) Subject to the terms and conditions set forth herein, (a) each Term Lender agrees, severally and not jointly, (i) agrees to make a Tranche D Term Loan, in Dollars, Loan to the Borrower on the Second Restatement Date, Effective Date denominated in dollars in a principal amount not to exceed exceeding its Tranche D Term Loan CommitmentCommitment (the “Term Facility”), (iib) [reserved], (c) each U.S. Revolving Lender severally agrees to make Dollar U.S. Revolving Loans to the Borrower, Borrower denominated in Dollars, at any time and dollars from time to time on or after the Second Restatement Date, and until the earlier of during the Revolving Credit Maturity Date with respect to the Dollar Revolving Credit Commitment of such Lender and the termination of the Dollar Revolving Credit Commitment of such Lender in accordance with the terms hereof, Availability Period in an aggregate principal amount at any time outstanding that which will not result in such Revolving Credit Lender’s Dollar U.S. Revolving Credit Exposure exceeding such Lender’s Dollar U.S. Revolving Credit Commitment (the “U.S. Revolving Facility”); provided, however, that, after giving effect to any Borrowing of U.S. Revolving Loans, the aggregate principal amount of all outstanding U.S. Revolving Exposure shall not exceed the aggregate principal amount of the U.S. Revolving Commitments and (iiid) each Sterling Revolving Lender severally agrees to make Multicurrency Sterling Revolving Loans to the Borrower, Borrower denominated in Dollars dollars or any Alternative Currency, at any time and Sterling from time to time on or after the Second Restatement Date, and until the earlier of during the Revolving Credit Maturity Date with respect to the Multicurrency Revolving Credit Commitment of such Lender and the termination of the Multicurrency Revolving Credit Commitment of such Lender in accordance with the terms hereof, Availability Period in an aggregate principal amount at any time outstanding that would which will not result in such Revolving Credit Lender’s Multicurrency Sterling Revolving Credit Exposure exceeding such Lender’s Multicurrency Sterling Revolving Credit CommitmentCommitment (the “Sterling Revolving Facility”); provided, however, that, after giving effect to any Borrowing of Sterling Revolving Loans, the aggregate principal amount of all outstanding Sterling Revolving Exposure shall not exceed the aggregate principal amount of the Sterling Revolving Commitments. Within the foregoing limits set forth in the preceding sentence and subject to the terms, terms and conditions and limitations set forth herein, the Borrower may borrow, pay or prepay and reborrow Revolving Loans. Amounts paid repaid or prepaid in respect of Term Loans or Incremental Term Loans may not be reborrowed.

Appears in 1 contract

Samples: Credit Agreement (Amplify Snack Brands, INC)

Commitments. (a) Subject to On the terms and subject to the conditions and relying upon the representations and warranties herein set forth hereinforth, each Lender agrees, severally and not jointly, (ia) to make a Tranche D Term Loan, in Dollars, Terms Loans to the Borrower on the Second Restatement Date, Closing Date in a an aggregate principal amount not to exceed its Tranche D the Term Loan CommitmentCommitment set forth opposite such Lender's name on Schedule 2.01, and (iib) to make Dollar Revolving Loans to the Borrower, in Dollars, at any time and from time to time on or after the Second Restatement Date, Closing Date and until prior to the earlier of the Revolving Credit Maturity Date with respect to the Dollar Revolving Credit Commitment of such Lender and the termination of the Dollar Revolving Credit Commitment of such Lender in accordance with the terms hereof, in an aggregate principal amount at any time outstanding that will not result in such to exceed (after giving effect to all Revolving Credit Lender’s Dollar Loans repaid, and all reimbursements of LC Disbursements made, concurrently with the making of any Revolving Credit Exposure exceeding such Lender’s Dollar Loans) an amount equal to the difference between (i) the Revolving Credit Commitment and (iii) to make Multicurrency Revolving Loans to set forth opposite such Lender's name on Schedule 2.01, as the Borrower, in Dollars or any Alternative Currency, at any time and same may be reduced from time to time on or after the Second Restatement Datepursuant to Section 2.09, and until the earlier (ii) such Lender's Applicable Percentage of the Revolving Credit Maturity Date with respect to sum of (A) the Multicurrency Revolving Credit Commitment of such Lender and the termination of the Multicurrency Revolving Credit Commitment of such Lender in accordance with the terms hereof, in an aggregate principal amount of Swingline Loans outstanding at any such time outstanding that would not result in and (B) the LC Exposure at such Revolving Credit Lender’s Multicurrency Revolving Credit Exposure exceeding such Lender’s Multicurrency Revolving Credit Commitmenttime. Within the limits set forth in clause (b) of the preceding sentence and subject to the terms, conditions and limitations set forth hereinsentence, the Borrower may borrow, pay or prepay and reborrow Revolving LoansLoans on or after the Closing Date and prior to the Revolving Credit Maturity Date, on the terms and subject to the conditions and limitations set forth herein. Amounts paid or prepaid in respect of Term Loans may not be reborrowed.

Appears in 1 contract

Samples: Asset Purchase Agreement (Ta Operating Corp)

Commitments. (a) Subject to the terms and conditions set forth contained herein, each Lender agrees, Bank severally and not jointly, (i) agrees to make Committed Loans to Xxxxxxx, Cementerios and Funerarias as hereinafter set forth. Specifically, the Banks agree to extend to Xxxxxxx a Tranche D Term Loan, in Dollars, to the Borrower on the Second Restatement Date, in a principal amount not to exceed its Tranche D Term Loan Commitment, (ii) revolving line of credit facility and to make Dollar Revolving Committed Loans to the Borrower, in Dollars, at any time and Xxxxxxx thereunder from time to time on through the Termination Date in an aggregate maximum principal amount of up to $512,000,000 outstanding at any one time (as extended, renewed, modified or after rearranged from time to time, the Second Restatement Date"Xxxxxxx Revolving Facility"). Additionally, the Banks agree to extend to Cementerios a revolving line of credit facility and to make Committed Loans to Cementerios thereunder from time to time through the Termination Date in an aggregate maximum principal amount of up to $37,000,000 outstanding at any one time (as extended, renewed, modified or rearranged from time to time, the "Cementerios Revolving Facility"). Additionally, the Banks agree to extend to Funerarias a revolving line of credit facility and to make Committed Loans to Funerarias thereunder from time to time through the Termination Date in an aggregate maximum principal amount of up to $51,000,000 outstanding at any one time (as extended, renewed, modified or rearranged from time to time, the "Funerarias Revolving Facility"). The Committed Loans made under such Revolving Facilities shall be evidenced by the Xxxxxxx Committed Notes, the Cementerios Committed Notes and the Funerarias Committed Notes, respectively, delivered to the Banks. Committed Loans made under each Revolving Facility may consist of Base Rate Loans or LIBOR Rate Loans, or a combination thereof, as the subject Borrower may request, and until the earlier of the Revolving Credit Maturity Date with respect to the Dollar Revolving Credit Commitment of such Lender may be repaid and the termination of the Dollar Revolving Credit Commitment of such Lender reborrowed in accordance with the terms provisions hereof, in an aggregate principal amount at any time outstanding that will not result in such Revolving Credit Lender’s Dollar Revolving Credit Exposure exceeding such Lender’s Dollar Revolving Credit Commitment and (iii) to make Multicurrency Revolving Loans . Notwithstanding anything contained herein to the Borrowercontrary, in Dollars or any Alternative Currency, at any time and from time to time on or after the Second Restatement Date, and until the earlier maximum obligation of the Revolving Credit Maturity Date each Bank with respect to Committed Loans made under each Revolving Facility shall be limited to its Pro Rata Share thereof, and in no event shall the Multicurrency obligations of the Banks to make Committed Loans under each Revolving Credit Commitment Facility be deemed to be joint and several. Failure by any one of the Banks to honor its obligations hereunder shall not render the non-defaulting Banks liable to fulfill the obligations of such Lender and the termination defaulting Bank, but any such failure by one of the Multicurrency Banks shall not relieve the non-defaulting Banks of their obligations to fund their Pro Rata Share of Committed Loans under each Revolving Credit Commitment of such Lender in accordance with the terms hereof, in an aggregate principal amount at any time outstanding that would not result in such Revolving Credit Lender’s Multicurrency Revolving Credit Exposure exceeding such Lender’s Multicurrency Revolving Credit Commitment. Within the limits set forth in the preceding sentence and subject to the terms, conditions and limitations set forth herein, the Borrower may borrow, pay or prepay and reborrow Revolving Loans. Amounts paid or prepaid in respect of Term Loans may not be reborrowedFacility.

Appears in 1 contract

Samples: Credit Agreement (Stewart Enterprises Inc)

Commitments. (a) The Borrower and the Term Lenders acknowledge the making of the Original Term Loans under the Original Credit Agreement and the conversion or redesignation of the Original Term Loans on the First Restatement Effective Date pursuant to the First Amendment and Restatement Agreement, and agree that, on and after the Second Restatement Effective Date (i) the Non-Extended Term Loans (as defined in the Existing Credit Agreement) converted pursuant to the Second Amendment and Restatement Agreement shall be outstanding as Extended Term Loans, (ii) all Non-Extended Term Loans (as defined in the Existing Credit Agreement) not so converted shall continue to be outstanding as such and (iii) all Extended Term Loans (as defined in the Existing Credit Agreement) outstanding immediately prior to the Second Restatement Effective Date shall remain outstanding as Extended Term Loans, in each case under this Agreement and the other Loan Documents. Subject to the terms and conditions and relying upon the representations and warranties herein set forth hereinforth, each Revolving Credit Lender agrees, severally and not jointly, (i) to make a Tranche D Term Loan, in Dollars, to the Borrower on the Second Restatement Date, in a principal amount not to exceed its Tranche D Term Loan Commitment, (ii) to make Dollar Revolving Loans to the Borrower, in Dollars, at any time and from time to time on or after the Second Restatement Closing Date, and until the earlier of the Revolving Credit Maturity Date with respect to the Dollar Revolving Credit Commitment of such Lender and the termination of the Dollar Revolving Credit Commitment of such Lender in accordance with the terms hereof, in an aggregate principal amount at any time outstanding that will not result in such Revolving Credit Lender’s Dollar Revolving Credit Exposure exceeding such Lender’s Dollar Revolving Credit Commitment and (iii) to make Multicurrency Revolving Loans to the Borrower, in Dollars or any Alternative Currency, at any time and from time to time on or after the Second Restatement Date, and until the earlier of the Revolving Credit Maturity Date with respect to the Multicurrency Revolving Credit Commitment of such Lender and the termination of the Multicurrency Revolving Credit Commitment of such Lender in accordance with the terms hereof, in an aggregate principal amount at any time outstanding that would not result in such Revolving Credit Lender’s Multicurrency Revolving Credit Exposure exceeding such Lender’s Multicurrency Revolving Credit Commitment. Within the limits set forth in the preceding sentence and subject to the terms, conditions and limitations set forth herein, the Borrower may borrow, pay or prepay and reborrow Revolving Loans. Amounts paid or prepaid in respect of Term Loans may not be reborrowed.

Appears in 1 contract

Samples: Credit Agreement (Community Health Systems Inc)

Commitments. (a) Subject to Each Tranche A Incremental Facility Revolving Credit Lender severally agrees, on the terms and conditions set forth hereinof the Amendment and Restatement and this Incremental Facility Agreement, each Lender agrees, severally and not jointly, (i) to make a Tranche D Term Loan, in Dollars, loans to the Borrower on Borrowers in Dollars during the Second Restatement Date, in a principal amount period from and including the Tranche A Incremental Revolving Facility Effective Date to but not to exceed its including the Tranche D Term Loan Commitment, (ii) to make Dollar A Incremental Revolving Loans to the Borrower, in Dollars, at any time and from time to time on or after the Second Restatement Date, and until the earlier of the Revolving Credit Maturity Facility Termination Date with respect to the Dollar Revolving Credit Commitment of such Lender and the termination of the Dollar Revolving Credit Commitment of such Lender in accordance with the terms hereof, in an aggregate principal amount at any one time outstanding that will up to but not result in such Revolving Credit Lender’s Dollar Revolving Credit Exposure exceeding such Lender’s Dollar Revolving Credit Commitment and (iii) to make Multicurrency Revolving Loans to the Borrower, in Dollars or any Alternative Currency, at any time and from time to time on or after the Second Restatement Date, and until the earlier amount of the Revolving Credit Maturity Date with respect to the Multicurrency Tranche A Incremental Facility Revolving Credit Commitment of such Lender and as in effect from time to time, provided that in no event shall the termination of the Multicurrency Revolving Credit Commitment of such Lender in accordance with the terms hereof, in an aggregate principal amount at any time outstanding that would not result in such of all Tranche A Incremental Facility Revolving Credit Lender’s Multicurrency Loans, together with the aggregate amount of all Letter of Credit Liabilities in respect of Tranche A Incremental Facility Letters of Credit, exceed the aggregate amount of the Tranche A Incremental Facility Revolving Credit Exposure exceeding such Lender’s Multicurrency Revolving Credit CommitmentCommitments as in effect from time to time. Within the limits set forth in the preceding sentence and subject Subject to the termsterms and conditions of the Amendment and Restatement, conditions and limitations set forth herein, during such period the Borrower Borrowers may borrow, pay or prepay repay and reborrow the amount of the Tranche A Incremental Facility Revolving LoansCredit Commitments by means of Base Rate Loans and Eurodollar Loans and may Convert Tranche A Incremental Facility Revolving Credit Loans of one Type into Tranche A Incremental Facility Revolving Credit Loans of another Type (as provided in Section 2.09 of the Amendment and Restatement) or Continue Tranche A Incremental Facility Revolving Credit Loans of one Type as Revolving Credit Loans of the same Type (as provided in Section 2.09 of the Amendment and Restatement). Amounts paid or prepaid in respect Proceeds of Term Tranche A Incremental Facility Revolving Credit Loans may not shall be reborrowedavailable for any use permitted under Section 8.17(a) of the Amendment and Restatement.

Appears in 1 contract

Samples: Incremental Facility Agreement (Mediacom Broadband Corp)

Commitments. (a) Subject to the terms and conditions set forth herein, each Lender agrees, severally and not jointly, (i) each Revolving A Lender severally agrees to make a Tranche D Term Loan, Revolving A Loans denominated in Dollars, Dollars or an Alternative Currency to the Borrower on or, if applicable, any Additional Borrower as elected by the Second Restatement Date, in a principal amount not Borrower pursuant to exceed its Tranche D Term Loan Commitment, (ii) to make Dollar Revolving Loans to the Borrower, in Dollars, at any time and Section 2.03 from time to time time, on or after the Second Restatement Date, and until the earlier of any Business Day during the Revolving Credit Maturity Date with respect to the Dollar Revolving Credit Commitment of such Lender and the termination of the Dollar Revolving Credit Commitment of such Lender in accordance with the terms hereofAvailability Period, in an aggregate principal amount at any time outstanding Outstanding Amount that will not result in such Revolving Credit A Lender’s Dollar Revolving Credit A Exposure exceeding such Revolving A Lender’s Dollar Revolving Credit A Commitment or the aggregate Outstanding Amount of Revolving Loans denominated in Alternative Currencies exceeding the Alternative Currency Sublimit and (iiiii) each Revolving B Lender severally agrees to make Multicurrency Revolving B Loans to the Borrower, denominated in Dollars or any an Alternative CurrencyCurrency to the Borrower or, at any time and if applicable, an Additional Borrower, as elected by the Borrower pursuant to Section 2.03 from time to time time, on or after the Second Restatement Date, and until the earlier of any Business Day during the Revolving Credit Maturity Date with respect to the Multicurrency Revolving Credit Commitment of such Lender and the termination of the Multicurrency Revolving Credit Commitment of such Lender in accordance with the terms hereofAvailability Period, in an aggregate principal amount at any time outstanding Outstanding Amount that would will not result in such Revolving Credit B Lender’s Multicurrency Revolving Credit B Exposure exceeding such Revolving B Lender’s Multicurrency Revolving Credit CommitmentB Commitment or the aggregate Outstanding Amount of Revolving Loans denominated in Alternative Currencies exceeding the Alternative Currency Sublimit. Within the limits set forth in the preceding sentence of each Revolving Xxxxxx’s Revolving Commitment, and subject to the terms, other terms and conditions and limitations set forth hereinhereof, the Borrower may borrow, pay or prepay prepay, and reborrow Revolving Loans. Amounts paid Revolving Loans denominated in Dollars may be ABR Loans or prepaid Benchmark Loans, as further provided herein, and Revolving Loans denominated in respect of Term Loans may not Alternative Currencies must be reborrowedBenchmark Loans, as further provided herein.

Appears in 1 contract

Samples: Credit Agreement (Nasdaq, Inc.)

Commitments. (a) Subject to the terms and conditions and relying upon the representations and warranties herein set forth hereinforth, each Lender agrees, severally and not jointly, (ia) to make a Tranche D A Term Loan, in Dollars, Loans to the Borrower at any time and from time to time on or after the Second Restatement DateClosing Date and until the earlier of the expiration of the Term Loan Availability Period and the termination of the Tranche A Commitment of such Lender in accordance with the terms hereof, in a principal amount not to exceed its Tranche D Term Loan A Commitment, (iib) to make Dollar Tranche B Term Loans to the Borrower at any time and from time to time on or after the Closing Date and until the earlier of the expiration of the Term Loan Availability Period and the termination of the Tranche B Commitment of such Lender in accordance with the terms hereof, in a principal amount not to exceed its Tranche B Commitment, and (c) to make Revolving Loans to the Borrower, in Dollars, at any time and from time to time on or after the Second Restatement Closing Date, and until the earlier of the Revolving Credit Maturity Date with respect to the Dollar Revolving Credit Commitment of such Lender and the termination of the Dollar Revolving Credit Commitment of such Lender in accordance with the terms hereof, in an aggregate principal amount at any time outstanding that will not result in (i) such Revolving Credit Lender’s Dollar Xxxxxx's Revolving Credit Exposure exceeding such Lender’s Dollar Xxxxxx's Revolving Credit Commitment and or (iiiii) to make Multicurrency Revolving Loans to the Borrower, in Dollars or any Alternative Currency, at any time and from time to time on or after the Second Restatement Date, and until the earlier of the Revolving Credit Maturity Date with respect to the Multicurrency Revolving Credit Commitment of such Lender and the termination of the Multicurrency Revolving Credit Commitment of such Lender in accordance with the terms hereof, in an aggregate principal amount at any time of all outstanding that would not result in such Revolving Credit Lender’s Multicurrency Revolving Credit Exposure Loans and Swingline Loans exceeding such Lender’s Multicurrency Revolving Credit Commitment$300,000,000. Within the limits set forth in clause (c) of the preceding sentence and subject to the terms, conditions and limitations set forth herein, the Borrower may borrow, pay or prepay and reborrow Revolving Loans. Amounts paid or prepaid in respect of Term Loans may not be reborrowed.

Appears in 1 contract

Samples: Credit Agreement (Pacificorp /Or/)

Commitments. (a) Subject to the terms and conditions and relying upon the representations and warranties herein set forth hereinforth, (i) each Revolving A Lender agrees, severally and not jointly, (i) to make a Tranche D Term Loan, in Dollars, to the Borrower on the Second Restatement Date, in a principal amount not to exceed its Tranche D Term Loan Commitment, (ii) to make Dollar Revolving A Loans to the Borrower, in Dollars, at any time and from time to time on or after the Second Restatement Date, Closing Date and until the earlier of the Revolving Credit A Maturity Date with respect to the Dollar Revolving Credit Commitment of such Lender and the termination of the Dollar its Revolving A Credit Commitment of such Lender in accordance with the terms hereof, in an aggregate principal amount at any time outstanding that will not result in (A) such Revolving Credit A Lender’s Dollar Revolving Credit A Exposure exceeding such Lender’s Dollar its Revolving A Credit Commitment or (B) the aggregate amount of the Revolving A Exposure exceeding the aggregate amount of the Revolving A Commitments, and (iiiii) each Revolving B Lender agrees, severally and not jointly, to make Multicurrency Revolving B Loans to the Borrower, in Dollars or any Alternative Currency, at any time and from time to time on or after the Second Restatement Date, Date and until the earlier of the Revolving Credit B Maturity Date with respect to the Multicurrency Revolving Credit Commitment of such Lender and the termination of the Multicurrency its Revolving B Credit Commitment of such Lender in accordance with the terms hereof, in an aggregate principal amount at any time outstanding that would will not result in (A) such Revolving Credit B Lender’s Multicurrency Revolving Credit B Exposure exceeding such Lender’s Multicurrency its Revolving Credit CommitmentB Commitment or (B) the aggregate amount of the Revolving B Exposure exceeding the aggregate amount of the Revolving B Commitments. Within the limits set forth in the preceding sentence and subject to the terms, conditions and limitations set forth herein, the Borrower may borrow, pay or prepay and reborrow Revolving Loans; provided that until the Revolving A Maturity Date, any such borrowing, payment, prepayment or reborrowing shall be allocated ratably according to the Pro Rata Percentages of each Revolving Credit Lender without regard to the tranche of Revolving Credit Commitments held by such Revolving Credit Lender. Amounts paid or prepaid in respect of Term Loans may not be reborrowed. For the avoidance of doubt, commencing on the Restatement Date, (A) each Extending Term Loan of an Extending Term Lender shall be treated for all purposes as a Term B Loan, (B) each Term Loan of a Declining Term Lender and each Term Loan (other than an Extending Term Loan) of an Extending Term Lending shall be treated for all purposes as a Term A Loan, (C) each Revolving Credit Commitment of an Extending Revolving Lender shall be treated for all purposes as a Revolving B Credit Commitment and (D) each Revolving Credit Commitment of a Declining Revolving Lender shall be treated for all purposes as a Revolving A Commitment.

Appears in 1 contract

Samples: Credit Agreement (Deltek, Inc)

Commitments. (a) Subject to the terms and conditions and relying upon the representations and warranties herein set forth hereinforth, (i) each Revolving A Lender agrees, severally and not jointly, (i) to make a Tranche D Term Loan, in Dollars, to the Borrower on the Second Restatement Date, in a principal amount not to exceed its Tranche D Term Loan Commitment, (ii) to make Dollar Revolving A Loans to the Borrower, in Dollars, at any time and from time to time on or after the Second Restatement Effective Date, and until the earlier of the Revolving A Credit Maturity Date with respect to the Dollar Revolving Credit Commitment of such Lender and the termination of the Dollar Revolving A Credit Commitment of such Lender in accordance with the terms hereof, in an aggregate principal amount at any time outstanding that will not result in (x) such Revolving Credit Lender’s Dollar Revolving A Credit Exposure exceeding such Lender’s Dollar Revolving A Credit Commitment or (y) the aggregate amount of the Revolving A Credit Exposure exceeding the aggregate amount of the Revolving A Credit Commitments, and (iiiii) each Revolving B Lender agrees, severally and not jointly, to make Multicurrency Revolving B Loans to the Borrower, in Dollars or any Alternative Currency, at any time and from time to time on or after the Second Restatement Effective Date, and until the earlier of the Revolving B Credit Maturity Date with respect to the Multicurrency Revolving Credit Commitment of such Lender and the termination of the Multicurrency Revolving B Credit Commitment of such Lender in accordance with the terms hereof, in an aggregate principal amount at any time outstanding that would will not result in (x) such Revolving Credit Lender’s Multicurrency Revolving B Credit Exposure exceeding such Lender’s Multicurrency Revolving B Credit CommitmentCommitment or (y) the aggregate amount of the Revolving B Credit Exposure exceeding the aggregate amount of the Revolving B Credit Commitments. Within the limits set forth in the preceding sentence and subject to the terms, conditions and limitations set forth herein, the Borrower may borrow, pay or prepay and reborrow Revolving Loans; provided that until the Revolving A Credit Maturity Date, any such borrowing, payment, prepayment or reborrowing shall be allocated ratably according to the Aggregate Pro Rata Percentages of each Revolving Credit Lender without regard to the tranche of Revolving Credit Commitments held by such Revolving Credit Lender. Amounts paid or prepaid in respect For the avoidance of Term Loans may not doubt, commencing on the Second Restatement Effective Date, (i) each Revolving Credit Commitment of an Extending Revolving Credit Lender shall be reborrowedtreated for all purposes as a Revolving B Credit Commitment and (ii) each Revolving Credit Commitment of a Non-Extending Revolving Credit Lender shall be treated for all purposes as a Revolving A Credit Commitment.

Appears in 1 contract

Samples: Credit Agreement (CGG Veritas)

Commitments. (a) Subject to On the terms and subject to the conditions set forth hereinherein and in reliance upon the representations and warranties set forth herein and in the other Loan Documents, each Lender agrees, agrees severally and not jointly, jointly to make (i) Tranche A Loans to make a Tranche D Term Loanthe U.S. Borrower, in Dollarsdollars, to the Borrower on the Second Restatement Date, in a an aggregate principal amount for all such Tranche A Loans not to exceed its Tranche D Term Loan A Commitment, (ii) to make Dollar Domestic Revolving Loans to the U.S. Borrower, in Dollarsdollars, at any time and from time to time on or after the Second Restatement Date, Date and until prior to the earlier of the Revolving Credit Maturity Date with respect to the Dollar Revolving Credit Commitment of such Lender and the termination of the Dollar Domestic Revolving Credit Commitment of such Lender in accordance with the terms hereof, in an aggregate principal amount at any time outstanding that will not result in such Revolving Credit Lender’s Dollar Domestic Revolving Credit Exposure (plus its Pro Rata Percentage of the Aggregate Competitive Loan Exposures) exceeding such Lender’s Dollar Domestic Revolving Credit Commitment and Commitment, (iii) to make Multicurrency Revolving Loans to the BorrowerU.S. Borrower in dollars, in Canadian Dollars or any Alternative CurrencyAustralian Dollars, the Canadian Borrower in dollars or Canadian Dollars, or the Australian Borrower in Australian Dollars, at any time and from time to time on or after the Second Restatement Date, Date and until prior to the earlier of the Revolving Credit Maturity Date with respect to the Multicurrency Revolving Credit Commitment of such Lender and the termination of the Multicurrency Revolving Credit Commitment of such Lender in accordance with the terms hereof, in an aggregate principal amount at any time outstanding that would will not result in (x) such Revolving Credit Lender’s Multicurrency Revolving Credit Exposure exceeding such Lender’s Multicurrency Revolving Credit Commitment or (y) the Aggregate Multicurrency Revolving Credit Exposure attributable to Loans to, and Letters of Credit issued for the account of, (A) the U.S. Borrower in Australian Dollars, the Australian Borrower and the New Zealand Borrower exceeding the ANZ Sublimit or (B) the U.S. Borrower in Canadian Dollars and the Canadian Borrower exceeding the Canadian Sublimit and (iv) U.K. Revolving Loans to the U.S. Borrower in dollars, Pounds or Euros or the U.K. Borrower in Pounds or Euro, at any time and from time to time on or after the Second Restatement Date and prior to the earlier of the Revolving Credit Maturity Date and the termination of the U.K. Revolving Credit Commitment of such Lender in accordance with the terms hereof, in an aggregate principal amount at any time outstanding that will not result in such Lender’s U.K. Revolving Credit Exposure exceeding such Lender’s U.K. Revolving Credit Commitment. Within the limits set forth in the preceding first sentence of this Section 2.01 and subject to the terms, conditions and limitations set forth herein, the Borrower Borrowers may borrow, pay or prepay and reborrow Revolving Loans. Amounts paid or prepaid in respect of Term Loans may not be reborrowed.

Appears in 1 contract

Samples: Credit Agreement (Cbre Group, Inc.)

Commitments. Subject to the terms and conditions set ----------- forth herein, each Lender agrees (a) Subject to make a Tranche B Term Loan to the Borrowers on the Restatement Effective Date in a principal amount equal to its Tranche B Commitment, (b) to make Revolving Term Loans to the Borrowers from time to time during the Revolving Term Availability Period in an aggregate principal amount that will not result in such Lender's Revolving Term Exposure exceeding such Lender's Revolving Term Commitment and (c) to make Revolving Credit Loans to the Borrowers from time to time during the Revolving Credit Availability Period in an aggregate principal amount that will not result in such Lender's Revolving Credit Exposure exceeding such Lender's Revolving Credit Commitment. Within the foregoing limits and subject to the terms and conditions set forth herein, each Lender agrees, severally and not jointly, the Borrowers may (i) to make a Tranche D Term Loan, in Dollars, to the Borrower on the Second Restatement Date, in a principal amount not to exceed its Tranche D Term Loan Commitment, (ii) to make Dollar Revolving Loans to the Borrower, in Dollars, at any time and from time to time on or after the Second Restatement Date, and until the earlier of during the Revolving Credit Maturity Date with respect to the Dollar Revolving Credit Commitment of such Lender and the termination of the Dollar Revolving Credit Commitment of such Lender in accordance with the terms hereofAvailability Period, in an aggregate principal amount at any time outstanding that will not result in such Revolving Credit Lender’s Dollar Revolving Credit Exposure exceeding such Lender’s Dollar Revolving Credit Commitment and (iii) to make Multicurrency Revolving Loans to the Borrower, in Dollars or any Alternative Currency, at any time and from time to time on or after the Second Restatement Date, and until the earlier of the Revolving Credit Maturity Date with respect to the Multicurrency Revolving Credit Commitment of such Lender and the termination of the Multicurrency Revolving Credit Commitment of such Lender in accordance with the terms hereof, in an aggregate principal amount at any time outstanding that would not result in such Revolving Credit Lender’s Multicurrency Revolving Credit Exposure exceeding such Lender’s Multicurrency Revolving Credit Commitment. Within the limits set forth in the preceding sentence and subject to the terms, conditions and limitations set forth herein, the Borrower may borrow, pay or prepay and reborrow Revolving Credit Loans and (ii) during the Revolving Term Availability Period, borrow, prepay and reborrow Revolving Term Loans. Amounts paid or prepaid repaid in respect of Term Loans may not be reborrowed.

Appears in 1 contract

Samples: Credit Agreement (Global Crossing LTD)

Commitments. (a) Subject to the terms and conditions set forth herein, (i) each Initial Term Lender agreesseverally, severally and not jointly, (i) agrees to make a Tranche D Initial Term Loan, in Dollars, Loans to the Borrower on the Second Restatement Date, Closing Date in Dollars in a principal amount not to exceed its Tranche D Initial Term Loan Commitment, Commitment and (ii) each Revolving Lender severally, and not jointly, agrees to make Dollar Initial Revolving Loans to the Borrower, Borrower in Dollars, Dollars at any time and from time to time on or after the Second Restatement Closing Date, and until the earlier of the Initial Revolving Credit Maturity Date with respect to and the Dollar termination of the Initial Revolving Credit Commitment of such Lender and the termination of the Dollar Initial Revolving Credit Commitment of such Lender in accordance with the terms hereof; provided that, in an aggregate principal amount at after giving effect to any time outstanding that will not result in Borrowing of Initial Revolving Loans, the Outstanding Amount of such Initial Revolving Credit Lender’s Dollar Initial Revolving Credit Exposure exceeding shall not exceed such Initial Revolving Lender’s Dollar Revolving Credit Commitment and (iii) to make Multicurrency Revolving Loans to the Borrower, in Dollars or any Alternative Currency, at any time and from time to time on or after the Second Restatement Date, and until the earlier of the Revolving Credit Maturity Date with respect to the Multicurrency Revolving Credit Commitment of such Lender and the termination of the Multicurrency Revolving Credit Commitment of such Lender in accordance with the terms hereof, in an aggregate principal amount at any time outstanding that would not result in such Revolving Credit Lender’s Multicurrency Revolving Credit Exposure exceeding such Lender’s Multicurrency Initial Revolving Credit Commitment. Within the foregoing limits set forth in the preceding sentence and subject to the terms, conditions and limitations set forth herein, the Borrower may borrow, pay or prepay and reborrow Revolving Loans. Amounts paid or prepaid in respect of the Initial Term Loans may not be reborrowed. On the Second Amendment Effective Date, an aggregate principal amount of $100,000,000 of Term Loans (the “Specified Existing Term Loans”) held by Crossholder Lenders shall be purchased by Parent, which Specified Term Loans shall be (A) immediately contributed by Parent to Intermediate Parent, (B) immediately thereafter contributed by Intermediate Parent to Holdings, and (C) immediately thereafter contributed by Holdings to the Borrower, and immediately thereafter the Specified Existing Term Loans shall be automatically and immediately cancelled (without the need for any action by any Person) pursuant to the Crossholder Lender Term Loan Exchange and Cancellation. After the Second Amendment Effective Date, it is anticipated that an additional aggregate principal amount not exceeding $650,000 of Term Loans (the “Subsequent Specified Existing Term Loans”) held by the Specified Crossholder Lenders may be purchased by Parent, and upon such purchase the Subsequent Specified Existing Term Loans will be (A) immediately contributed by Parent to Intermediate Parent, (B) immediately thereafter contributed by Intermediate Parent to Holdings, and (C) immediately thereafter contributed by Holdings to the Borrower, and immediately thereafter the Subsequent Specified Existing Term Loans shall be automatically and immediately cancelled (without the need for any action by any Person) (the foregoing transactions with respect to the Subsequent Specified Existing Term Loans, the “Subsequent Crossholder Lender Term Loan Exchange and Cancellation”).

Appears in 1 contract

Samples: Credit Agreement (ATI Physical Therapy, Inc.)

Commitments. (a) Subject to the terms and conditions and relying upon the representations and warranties herein set forth hereinforth, each Lender agrees, severally and not jointly, (ia) to make a Tranche D A Term Loan, in Dollars, Loans to the Borrower at any time and from time to time on or after the Second Restatement DateClosing Date and until the earlier of the expiration of the Term Loan Availability Period and the termination of the Tranche A Commitment of such Lender in accordance with the terms hereof, in a principal amount not to exceed its Tranche D A Term Loan Commitment, (iib) to make Dollar Tranche B Term Loans to the Borrower at any time and from time to time on or after the Closing Date and until the earlier of the expiration of the Term Loan Availability Period and the termination of the Tranche B Term Commitment of such Lender in accordance with the terms hereof, in a principal amount not to exceed its Tranche B Commitment, and (c) to make Revolving Loans to the Borrower, in Dollars, at any time and from time to time on or after the Second Restatement Closing Date, and until the earlier of the Revolving Credit Maturity Date with respect to the Dollar Revolving Credit Commitment of such Lender and the termination of the Dollar Revolving Credit Commitment of such Lender in accordance with the terms hereof, in an aggregate principal amount at any time outstanding that will not result in such Revolving Credit Lender’s Dollar 's Revolving Credit Exposure exceeding such Lender’s Dollar Revolving Credit Commitment and (iii) to make Multicurrency Revolving Loans to the Borrower, in Dollars or any Alternative Currency, at any time and from time to time on or after the Second Restatement Date, and until the earlier of the Revolving Credit Maturity Date with respect to the Multicurrency Revolving Credit Commitment of such Lender and the termination of the Multicurrency Revolving Credit Commitment of such Lender in accordance with the terms hereof, in an aggregate principal amount at any time outstanding that would not result in such Revolving Credit Lender’s Multicurrency Revolving Credit Exposure exceeding such Lender’s Multicurrency 's Revolving Credit Commitment. Within the limits set forth in clause (c) of the preceding sentence and subject to the terms, conditions and limitations set forth herein, the Borrower may borrow, pay or prepay and reborrow Revolving Loans. Amounts paid or prepaid in respect of Term Loans may not be reborrowed.

Appears in 1 contract

Samples: Credit Agreement (Pacificorp /Or/)

Commitments. Subject to the terms and conditions set forth herein and in the Amendment and Restatement Agreement, (a) Subject each Lender listed on Schedule 1 to the Amendment and Restatement Agreement agrees to make a Tranche B-1 Term Loan in U.S. Dollars to the Borrower on the Restatement Effective Date in a principal amount not exceeding its Tranche B-1 Commitment or to convert such Lender’s Original Tranche B Term Loans into Tranche B-1 Term Loans on the Restatement Effective Date (in each case, as provided in the Amendment and Restatement Agreement) and (b) each Lender having a Revolving Commitment agrees (i) to make Global Revolving Loans to the Borrower from time to time during the Revolving Availability Period in U.S. Dollars or in any Alternative Currency in an aggregate principal amount that will not result in such Lender’s Global Revolving Exposure exceeding such Lender’s Global Revolving Commitment and (ii) to make U.S. Revolving Loans to the Borrower from time to time during the Revolving Availability Period in U.S. Dollars in an aggregate principal amount that will not result in such Lender’s U.S. Revolving Exposure exceeding such Lender’s U.S. Revolving Commitment, provided that no Global Revolving Loan shall be made in an Alternative Currency if, after the making of such Global Revolving Loan, the U.S. Dollar Equivalent of the aggregate principal amount of outstanding Global Revolving Loans denominated in an Alternative Currency would exceed $50,000,000. Within the foregoing limits and subject to the terms and conditions set forth herein, each Lender agrees, severally and not jointly, (i) to make a Tranche D Term Loan, in Dollars, to the Borrower on the Second Restatement Date, in a principal amount not to exceed its Tranche D Term Loan Commitment, (ii) to make Dollar Revolving Loans to the Borrower, in Dollars, at any time and from time to time on or after the Second Restatement Date, and until the earlier of the Revolving Credit Maturity Date with respect to the Dollar Revolving Credit Commitment of such Lender and the termination of the Dollar Revolving Credit Commitment of such Lender in accordance with the terms hereof, in an aggregate principal amount at any time outstanding that will not result in such Revolving Credit Lender’s Dollar Revolving Credit Exposure exceeding such Lender’s Dollar Revolving Credit Commitment and (iii) to make Multicurrency Revolving Loans to the Borrower, in Dollars or any Alternative Currency, at any time and from time to time on or after the Second Restatement Date, and until the earlier of the Revolving Credit Maturity Date with respect to the Multicurrency Revolving Credit Commitment of such Lender and the termination of the Multicurrency Revolving Credit Commitment of such Lender in accordance with the terms hereof, in an aggregate principal amount at any time outstanding that would not result in such Revolving Credit Lender’s Multicurrency Revolving Credit Exposure exceeding such Lender’s Multicurrency Revolving Credit Commitment. Within the limits set forth in the preceding sentence and subject to the terms, conditions and limitations set forth herein, the Borrower may borrow, pay or prepay and reborrow Revolving Loans. Amounts paid repaid or prepaid in respect of Term Loans may not be reborrowed. All Term Loans, Revolving Loans, Swingline Loans and Letters of Credit outstanding under the 2005 Credit Agreement on the Restatement Effective Date shall remain outstanding hereunder on the terms set forth herein, except as otherwise provided herein and in the Amendment and Restatement Agreement with respect to the Original Tranche B Term Loans.

Appears in 1 contract

Samples: Credit Agreement (Burger King Holdings Inc)

Commitments. Subject to the terms and conditions set forth ----------- herein, each relevant Lender agrees (a) Subject to make a Tranche C-1 Incremental Term Loan in dollars to the Parent Borrower on the Amendment/Restatement Effective Date in a principal amount not exceeding its Tranche C-1 Incremental Commitment, (b) to make a Tranche C-2 Incremental Term Loan in dollars to the Parent Borrower in a single drawing during the Tranche C-2 Commitment Period in a principal amount not exceeding its Tranche C-2 Incremental Commitment, (c) to make Domestic Revolving Loans in dollars to the Parent Borrower from time to time during the Domestic Revolving Availability Period in an aggregate principal amount that will not result in such Lender's Domestic Revolving Exposure exceeding such Lender's Domestic Revolving Commitment and (d) to make Global Revolving Loans in dollars or one or more Qualified Global Currencies (as specified in the Borrowing Requests with respect thereto) to any Borrower from time to time during the Global Revolving Availability Period in an aggregate principal amount that will not result in (i) such Lender's Global Revolving Exposure exceeding such Lender's Global Revolving Commitment or (ii) the aggregate outstanding principal amount of such Lender's Canadian Dollar Loans at such time exceeding such Lender's Canadian Commitment. Within the foregoing limits and subject to the terms and conditions set forth herein, each Lender agrees, severally and not jointly, (i) to make a Tranche D Term Loan, in Dollars, to the Borrower on the Second Restatement Date, in a principal amount not to exceed its Tranche D Term Loan Commitment, (ii) to make Dollar Revolving Loans to the Borrower, in Dollars, at any time and from time to time on or after the Second Restatement Date, and until the earlier of the Revolving Credit Maturity Date with respect to the Dollar Revolving Credit Commitment of such Lender and the termination of the Dollar Revolving Credit Commitment of such Lender in accordance with the terms hereof, in an aggregate principal amount at any time outstanding that will not result in such Revolving Credit Lender’s Dollar Revolving Credit Exposure exceeding such Lender’s Dollar Revolving Credit Commitment and (iii) to make Multicurrency Revolving Loans to the Borrower, in Dollars or any Alternative Currency, at any time and from time to time on or after the Second Restatement Date, and until the earlier of the Revolving Credit Maturity Date with respect to the Multicurrency Revolving Credit Commitment of such Lender and the termination of the Multicurrency Revolving Credit Commitment of such Lender in accordance with the terms hereof, in an aggregate principal amount at any time outstanding that would not result in such Revolving Credit Lender’s Multicurrency Revolving Credit Exposure exceeding such Lender’s Multicurrency Revolving Credit Commitment. Within the limits set forth in the preceding sentence and subject to the terms, conditions and limitations set forth herein, the Parent Borrower may borrow, pay or prepay and reborrow Domestic Revolving Loans and any Borrower may borrow, prepay and reborrow Global Revolving Loans. Amounts paid or prepaid repaid in respect of Term Loans may not be reborrowed. All Tranche A Term Loans, Tranche B Term Loans, Tranche C Term Loans and Letters of Credit outstanding under the Existing Credit Agreement on the Amendment/Restatement Effective Date shall remain outstanding to the Parent Borrower in dollars hereunder on the terms set forth herein.

Appears in 1 contract

Samples: Credit Agreement (SPX Corp)

Commitments. (a) Subject to the terms and conditions set forth herein, (i) each Initial Term Lender agreesseverally, severally and not jointly, (i) agrees to make a Tranche D Initial Term Loan, in Dollars, Loans to the Borrower on the Second Restatement Closing Date or, in the case of the First Amendment Incremental Term Loans, on the First Amendment Closing Date, or in the case of the 2021 Replacement Term Loans, on the Third Amendment Closing Date in Dollars in a principal amount not to exceed its Tranche D Initial Term Loan Commitment, (ii) each Second Incremental Term Loan Lender severally, and not jointly, agrees to make Dollar Second Amendment Incremental Term Loans to the Borrower on the Second Amendment Closing Date and (iii) each Revolving Lender severally, and not jointly, agrees to make Revolving Loans to the Borrower, Borrower in Dollars, Dollars at any time and from time to time on or and after the Second Restatement Closing Date, and until the earlier of the Initial Revolving Credit Maturity Date with respect to and the Dollar termination of the Initial Revolving Credit Commitment of such Lender and the termination of the Dollar Initial Revolving Credit Commitment of such Lender in accordance with the terms hereof; provided that, in an aggregate principal amount at after giving effect to any time outstanding that will not result in Borrowing of Initial Revolving Loans, the Outstanding Amount of such Initial Revolving Credit Lender’s Dollar Initial Revolving Credit Exposure exceeding shall not exceed such Initial Revolving Lender’s Dollar Revolving Credit Commitment and (iii) to make Multicurrency Revolving Loans to the Borrower, in Dollars or any Alternative Currency, at any time and from time to time on or after the Second Restatement Date, and until the earlier of the Revolving Credit Maturity Date with respect to the Multicurrency Revolving Credit Commitment of such Lender and the termination of the Multicurrency Revolving Credit Commitment of such Lender in accordance with the terms hereof, in an aggregate principal amount at any time outstanding that would not result in such Revolving Credit Lender’s Multicurrency Revolving Credit Exposure exceeding such Lender’s Multicurrency Initial Revolving Credit Commitment. Within the foregoing limits set forth in the preceding sentence and subject to the terms, conditions and limitations set forth herein, the Borrower may borrow, pay or prepay and reborrow Revolving Loans. Amounts paid or prepaid in respect of the Initial Term Loans and the Second Amendment Incremental Term Loans may not be reborrowed.

Appears in 1 contract

Samples: First Lien Credit Agreement (Waystar Holding Corp.)

Commitments. (a) Subject to the terms and conditions set forth herein, (i) each Initial Term Lender agreesseverally, severally and not jointly, (i) agrees to make a Tranche D Initial Term Loan, in Dollars, Loans to the Borrower on the Second Restatement Date, Closing Date in Dollars in a principal amount not to exceed its Tranche D Initial Term Loan Commitment, Commitment and (ii) each Revolving Lender severally, and not jointly, agrees to make Dollar Initial Revolving Loans to the Borrower, Borrower in Dollars, Dollars at any time and from time to time on or after the Second Restatement Closing Date, and until the earlier of the Initial Revolving Credit Maturity Date with respect to and the Dollar termination of the Initial Revolving Credit Commitment of such Lender and the termination of the Dollar Initial Revolving Credit Commitment of such Lender in accordance with the terms hereof; provided that, in an aggregate principal amount at after giving effect to any time outstanding that will not result in Borrowing of Initial Revolving Loans, the Outstanding Amount of such Initial Revolving Credit Lender’s Dollar Initial Revolving Credit Exposure exceeding shall not exceed such Initial Revolving Lender’s Dollar Revolving Credit Commitment and (iii) to make Multicurrency Revolving Loans to the Borrower, in Dollars or any Alternative Currency, at any time and from time to time on or after the Second Restatement Date, and until the earlier of the Revolving Credit Maturity Date with respect to the Multicurrency Revolving Credit Commitment of such Lender and the termination of the Multicurrency Revolving Credit Commitment of such Lender in accordance with the terms hereof, in an aggregate principal amount at any time outstanding that would not result in such Revolving Credit Lender’s Multicurrency Revolving Credit Exposure exceeding such Lender’s Multicurrency Initial Revolving Credit Commitment. Within the foregoing limits set forth in the preceding sentence and subject to the terms, conditions and limitations set forth herein, the Borrower may borrow, pay or prepay and reborrow Revolving Loans. Amounts paid or prepaid in respect of the Initial Term Loans may not be reborrowed. On the Second Amendment Effective Date, an aggregate principal amount of $100,000,000 of Term Loans (the “Specified Existing Term Loans”) held by Crossholder Lenders shall be purchased by Parent, which Specified Term Loans shall be (A) immediately contributed by Parent to Intermediate Parent, (B) immediately thereafter contributed by Intermediate Parent to Holdings, and (C) immediately thereafter contributed by Holdings to the Borrower, and immediately thereafter the Specified Term Loans shall be automatically and immediately cancelled (without the need for any action by any Person) pursuant to the Crossholder Lender Term Loan Exchange and Cancellation.

Appears in 1 contract

Samples: Credit Agreement (ATI Physical Therapy, Inc.)

Commitments. (a) On the Original Closing Date, the Lenders made the Original Tranche A Term Loans and the Original Tranche B Term Loans to the Company, in dollars, and upon the making of such Loans the Original Term Loan Commitments terminated. Subject to the terms and conditions and relying upon the representations and warranties herein set forth hereinforth, each Lender agrees, severally and not jointly, (ia) to make a Incremental Tranche D A Term LoanLoans to the Company and the Subsidiary Borrower, in Dollarsdollars or an Alternative Currency, on the First Amended and Restated Credit Agreement Closing Date in an aggregate principal amount not to exceed its Incremental Tranche A Commitment (determined, in the case of such a Loan in an Alternative Currency, with reference to the Borrower Exchange Rate on the Second Restatement First Amended and Restated Credit Agreement Closing Date), provided, that, Incremental Tranche A Term Loans made to the Subsidiary Borrower shall not exceed $8,822,000 in aggregate principal amount, (b) to make Tranche C Term Loans to the Company, in dollars, on the First Amended and Restated Credit Agreement Closing Date in a principal amount not to exceed its Tranche D Term Loan Commitment, C Commitment and (iic) to make Dollar Revolving Loans to the Borrower, in DollarsCompany, at any time and from time to time on or after the Second Restatement Datedate hereof, and until the earlier of the Revolving Credit Maturity Date with respect to the Dollar Revolving Credit Commitment of such Lender and the termination of the Dollar Revolving Credit Commitment of such Lender in accordance with the terms hereof, in dollars, in an aggregate principal amount at any time outstanding that will not result in (i) such Revolving Credit Lender’s Dollar 's Revolving Credit Exposure exceeding such Lender’s Dollar 's Revolving Credit Commitment and or (iiiii) to make Multicurrency Revolving Loans to the Borrower, in Dollars or any Alternative Currency, at any time and from time to time on or after sum of (x) the Second Restatement Date, and until the earlier of the Revolving Credit Maturity Date with respect to the Multicurrency Revolving Credit Commitment of such Lender and the termination of the Multicurrency Revolving Credit Commitment of such Lender in accordance with the terms hereof, in an aggregate principal amount at any time outstanding that would not result in such Revolving Credit Lender’s Multicurrency Aggregate Revolving Credit Exposure and (y) the Pari Passu Exposure exceeding such Lender’s Multicurrency the Total Revolving Credit Commitment. Within the limits set forth in clause (c) of the preceding sentence and subject to the terms, conditions and limitations set forth herein, the Borrower Company may borrow, pay or prepay and reborrow Revolving Loans. Amounts paid or prepaid in respect of Term Loans may not be reborrowed. Lenders with Incremental Tranche A Commitments may allocate the Incremental Tranche A Term Loans made to the Subsidiary Borrower among themselves, through assignment, participation or other method pursuant to a separate agreement among such Lenders, subject to the approval of the Company.

Appears in 1 contract

Samples: Credit Agreement (Flowserve Corp)

Commitments. (a) Subject to the terms and conditions and relying upon the representations and warranties herein set forth hereinforth, each Lender agrees, severally and not jointly, (ia) to make a Tranche D A Term Loan, Loan in Dollars, Dollars or an Alternative Currency to the Borrower on the Second Restatement Date, Closing Date in a principal amount not to exceed its Pro Rata Share of its Tranche D A Commitment; provided, however, that the Dollar Equivalent of the Alternative Currency Tranche A Term Loan CommitmentLoans in any Alternative Currency made by all Tranche A Term Lenders shall not exceed the Dollar Equivalent of $30,000,000, (iib) to make Dollar a Tranche B Term Loan in Dollars to the Borrower on the Closing Date in a principal amount not to exceed its Pro Rata Share of the Tranche B Commitment, and (c) to make Revolving Loans in Dollars to the Borrower, in Dollars, at any time and from time to time on or after the Second Restatement Closing Date, and until the earlier of the Revolving Credit Maturity Date with respect to the Dollar Revolving Credit Commitment of such Lender and the termination of the Dollar Revolving Credit Commitment of such Lender in accordance with the terms hereof, in an aggregate principal amount at any time outstanding that will not result in such Revolving Credit Lender’s Dollar 's Pro Rata Share of the Revolving Credit Exposure exceeding such Lender’s Dollar Revolving Credit Commitment and (iii) to make Multicurrency Revolving Loans to the Borrower, in Dollars or any Alternative Currency, at any time and from time to time on or after the Second Restatement Date, and until the earlier 's Pro Rata Share of the Revolving Credit Maturity Date with respect to Commitment; provided, a maximum of $15,000,000 in Revolving Loans shall be available on the Multicurrency Revolving Credit Commitment of such Lender and the termination of the Multicurrency Revolving Credit Commitment of such Lender in accordance with the terms hereof, in an aggregate principal amount at any time outstanding that would not result in such Revolving Credit Lender’s Multicurrency Revolving Credit Exposure exceeding such Lender’s Multicurrency Revolving Credit CommitmentClosing Date. Within the limits set forth in clause (c) of the preceding sentence and subject to the terms, conditions and limitations set forth herein, the Borrower may borrow, pay or prepay and reborrow Revolving Loans. Amounts paid or prepaid in respect of Term Loans may not be reborrowed. The amount of each Tranche A Commitment (including the sublimit for any Alternative Currency Loans), Tranche B Commitment and Revolving Credit Commitment with respect to each Lender is set forth opposite such Lender's name on Schedule 2.01 hereto.

Appears in 1 contract

Samples: Credit Agreement (Applied Power Inc)

Commitments. (a) Subject to On the terms and subject to the conditions set forth hereinherein and in reliance upon the representations and warranties set forth herein and in the other Loan Documents, each Lender agrees, agrees severally and not jointly, jointly to make (i) Tranche A Loans to make a Tranche D Term Loanthe U.S. Borrower, in Dollarsdollars, to the Borrower on the Second Restatement Closing Date, in a an aggregate principal amount not to exceed its Tranche D Term Loan A Commitment, (ii) Tranche B Loans to make Dollar the U.S. Borrower, in dollars, on the Closing Date, in an aggregate principal amount not to exceed its Tranche B Commitment, (iii) Domestic Revolving Loans to the U.S. Borrower, in Dollarsdollars, at any time and from time to time on or after the Second Restatement Date, Closing Date and until prior the earlier of the Revolving Credit Maturity Date with respect to the Dollar Revolving Credit Commitment of such Lender and the termination of the Dollar Domestic Revolving Credit Commitment of such Lender in accordance with the terms hereof, in an aggregate principal amount at any time outstanding that will not result in such Revolving Credit Lender’s Dollar Domestic Revolving Credit Exposure exceeding such Lender’s Dollar Domestic Revolving Credit Commitment and Commitment, (iiiiv) to make Multicurrency Revolving Loans to the BorrowerU.S. Borrower in dollars, the Canadian Borrower in Dollars dollars or any Alternative CurrencyCanadian Dollars, or the Australian Borrower in Australian Dollars, at any time and from time to time on or after the Second Restatement Date, Closing Date and until prior to the earlier of the Revolving Credit Maturity Date with respect to and the termination of the Multicurrency Revolving Credit Commitment of such Lender in accordance with the terms hereof, in a aggregate principal amount at any time outstanding that will not result in (x) such Lender’s Multicurrency Revolving Credit Exposure exceeding such Lender’s Multicurrency Revolving Credit Commitment or (y) the Aggregate Multicurrency Revolving Credit Exposure attributable to Loans to, and Letters of Credit issued for the account of, (A) the Australian Borrower and the New Zealand Borrower exceeding the ANZ Sublimit or (B) the Canadian Borrower exceeding the Canadian Sublimit and (v) U.K. Revolving Loans to the U.S. Borrower in dollars or the U.K. Borrower in Pounds or Euro, at any time and from time to time on or after the Closing Date and prior to the earlier of the Revolving Credit Maturity Date and the termination of the Multicurrency U.K. Revolving Credit Commitment of such Lender in accordance with the terms hereof, in an aggregate principal amount at any time outstanding that would will not result in such Revolving Credit Lender’s Multicurrency U.K. Revolving Credit Exposure exceeding such Lender’s Multicurrency U.K. Revolving Credit Commitment. Within the limits set forth in the preceding first sentence of this Section 2.01 and subject to the terms, conditions and limitations set forth herein, the Borrower Borrowers may borrow, pay or prepay and reborrow Revolving Loans. Amounts paid or prepaid in respect of Term Loans may not be reborrowed.

Appears in 1 contract

Samples: Second Lien Intercreditor Agreement (Cb Richard Ellis Group Inc)

Commitments. Subject to the terms and conditions set forth herein and in the Effectiveness Agreement, each Lender agrees (a) to consummate the transactions with respect to Tranche A Term Loans contemplated by the Effectiveness Agreement to be consummated by it on the Effectiveness Date and to hold after giving effect thereto a Tranche A Term Loan to the Company on the Effectiveness Date in a principal amount not exceeding its Tranche A Term Loan Commitment, (b) to make a Tranche B Term Loan to the Company on the Effectiveness Date in a principal amount not exceeding its Tranche B Term Loan Commitment and (c) to consummate the transactions with respect to Revolving Loans contemplated by the Effectiveness Agreement to be consummated by it on the Effectiveness Date and to hold after giving effect thereto Revolving Loans to the Company in an aggregate amount equal to its Applicable Percentage of the Revolving Loans outstanding on the Effectiveness Date and thereafter to make Revolving Loans to the Borrowers from time to time during the Revolving Availability Period in an aggregate principal amount that will not result in (i) such Lender’s Revolving Exposure exceeding such Lender’s Revolving Commitment or (ii) the sum of the total Revolving Exposures and the Lender LC Exposure exceeding the total Revolving Commitments. Subject to the terms and conditions set forth herein and in the Amendment Agreement, each Lender having a Tranche C Term Loan Commitment made Tranche C Term Loans to the Company on the Amendment Effectiveness Date in a principal amount equal to its Tranche C Term Loan Commitment. Within the foregoing limits and subject to the terms and conditions set forth herein, each Lender agrees, severally and not jointly, (i) to make a Tranche D Term Loan, in Dollars, to the Borrower on the Second Restatement Date, in a principal amount not to exceed its Tranche D Term Loan Commitment, (ii) to make Dollar Revolving Loans to the Borrower, in Dollars, at any time and from time to time on or after the Second Restatement Date, and until the earlier of the Revolving Credit Maturity Date with respect to the Dollar Revolving Credit Commitment of such Lender and the termination of the Dollar Revolving Credit Commitment of such Lender in accordance with the terms hereof, in an aggregate principal amount at any time outstanding that will not result in such Revolving Credit Lender’s Dollar Revolving Credit Exposure exceeding such Lender’s Dollar Revolving Credit Commitment and (iii) to make Multicurrency Revolving Loans to the Borrower, in Dollars or any Alternative Currency, at any time and from time to time on or after the Second Restatement Date, and until the earlier of the Revolving Credit Maturity Date with respect to the Multicurrency Revolving Credit Commitment of such Lender and the termination of the Multicurrency Revolving Credit Commitment of such Lender in accordance with the terms hereof, in an aggregate principal amount at any time outstanding that would not result in such Revolving Credit Lender’s Multicurrency Revolving Credit Exposure exceeding such Lender’s Multicurrency Revolving Credit Commitment. Within the limits set forth in the preceding sentence and subject to the terms, conditions and limitations set forth herein, the Borrower Borrowers may borrow, pay or prepay and reborrow Revolving Loans. Amounts paid or prepaid repaid in respect of Term Loans may not be reborrowed.

Appears in 1 contract

Samples: Credit Agreement (Alliant Techsystems Inc)

Commitments. (a) Subject to the terms and conditions hereof and relying upon the representations and warranties set forth herein, (a) each Term Lender agrees, severally and not jointly, (i) to make re-evidence and/or fund a Tranche D Term Loan, in Dollars, Loan to the Borrower on the Second Restatement Date, Closing Date in a principal amount not to exceed its Tranche D Term Loan Commitment, and all Term Loans under the Existing NRG Credit Agreement and outstanding on the Closing Date shall be re-evidenced as Term Loans hereunder, (iib) each Revolving Credit Lender agrees, severally and not jointly, to make Dollar re-evidence and/or fund Revolving Loans to the Borrower, in Dollars, at any time and from time to time on or after the Second Restatement Date, Closing Date and until the earlier of the Revolving Credit Maturity Date with respect to and the Dollar termination of the Revolving Credit Commitment of such Lender and the termination of the Dollar Revolving Credit Commitment of such Lender in accordance with the terms hereof, in an aggregate principal amount at any time outstanding that will not result in such Revolving Credit Lender’s Dollar Revolving Credit Exposure exceeding such Lender’s Dollar Revolving Credit Commitment and (iii) to make Multicurrency Revolving Loans to the Borrower, in Dollars or any Alternative Currency, at any time and from time to time on or after the Second Restatement Date, and until the earlier of the Revolving Credit Maturity Date with respect to the Multicurrency Revolving Credit Commitment of such Lender and the termination of the Multicurrency Revolving Credit Commitment of such Lender in accordance with the terms hereof, in an aggregate principal amount at any time outstanding that would not result in such Revolving Credit Lender’s Multicurrency Revolving Credit Exposure exceeding such Lender’s Multicurrency Revolving Credit Commitment, and all Revolving Loans and Revolving Credit Commitments under the Existing NRG Credit Agreement outstanding on the Closing Date shall be re-evidenced as Revolving Loans and Revolving Credit Commitments hereunder; provided that notwithstanding the foregoing, and only with respect to Revolving Loans to be funded on the Closing Date, the Borrower may request Revolving Loans on the Closing Date to the extent the Borrower has, after giving effect to such Borrowing, unrestricted domestic cash and unfunded Revolving Credit Commitments of more than $1,000,000,000 on the Closing Date, and (c) each Funded L/C Lender agrees, severally and not jointly, to re-evidence and/or fund its Credit-Linked Deposit with the Deposit Bank on the Closing Date in accordance with Section 2.24, and all Credit-Linked Deposits under the Existing NRG Credit Agreement outstanding on the Closing Date shall be re-evidenced as Credit-Linked Deposits hereunder. Within the limits set forth in clause (b) of the preceding sentence and subject to the terms, conditions and limitations set forth herein, the Borrower may borrow, pay or prepay and reborrow Revolving Loans. Amounts paid or prepaid in respect of Term Loans may not be reborrowed.

Appears in 1 contract

Samples: Credit Agreement (NRG Energy, Inc.)

Commitments. (a) Subject to the terms and conditions set forth hereinhereof, (a) each Tranche B Term Lender as of the Original Closing Date, severally and not jointly, made Tranche B Term Loans to the Co-Borrowers on the Original Closing Date in an aggregate principal amount equal to its Original Tranche B Term Loan Commitment and (b) each Revolving Credit Lender agrees, severally and not jointly, (i) to make a Tranche D Term Loan, in Dollars, to the Borrower on the Second Restatement Date, in a principal amount not to exceed its Tranche D Term Loan Commitment, (ii) to make Dollar Revolving Loans to the Borrower, in Dollarsone or more Co-Borrowers, at any time and from time to time on or after the Second Restatement Date, Original Closing Date and until the earlier of the Revolving Credit Maturity Date with respect to and the Dollar termination of the Revolving Credit Commitment of such Lender and the termination of the Dollar Revolving Credit Commitment of such Lender in accordance with the terms hereof, in an aggregate principal amount at any time outstanding that will not result in such Revolving Credit Lender’s Dollar 's Revolving Credit Exposure exceeding such Lender’s Dollar Revolving Credit Commitment and (iii) to make Multicurrency Revolving Loans to the Borrower, in Dollars or any Alternative Currency, at any time and from time to time on or after the Second Restatement Date, and until the earlier of the Revolving Credit Maturity Date with respect to the Multicurrency Revolving Credit Commitment of such Lender and the termination of the Multicurrency Revolving Credit Commitment of such Lender in accordance with the terms hereof, in an aggregate principal amount at any time outstanding that would not result in such Revolving Credit Lender’s Multicurrency Revolving Credit Exposure exceeding such Lender’s Multicurrency 's Revolving Credit Commitment; provided that in no event will (x) the aggregate amount of Revolving Loans made on the Original Closing Date exceed $25,000,000 and (y) the aggregate face amount of Letters of Credit issued on the Original Closing Date exceed $15,000,000 plus, if the maximum referred to in the foregoing clause (x) is not drawn on the Original Closing Date, the excess of such maximum amount over the amount so drawn. Within the limits set forth in clause (b) of the preceding sentence and subject to the terms, conditions and limitations set forth herein, the Borrower Co-Borrowers may borrow, pay or prepay and reborrow Revolving Loans. All Tranche B Term Loans outstanding on the Second Amendment Effective Date were converted into Tranche B-1 Term Loans or Tranche B-2 Term Loans, as applicable, in accordance with the terms of the Second Amendment, and such Tranche B-1 Term Loans and Tranche B-2 Term Loans are outstanding under this Agreement subject to the terms and conditions hereof. Amounts paid or prepaid in respect of Term Loans may not be reborrowed.

Appears in 1 contract

Samples: Credit Agreement (Harland Clarke Holdings Corp)

Commitments. (a) Subject to the terms and conditions set forth herein, (x) each Dollar Revolving Lender agreesseverally, severally and not jointly, (i) to make a Tranche D Term Loan, in Dollars, to the Borrower on the Second Restatement Date, in a principal amount not to exceed its Tranche D Term Loan Commitment, (ii) agrees to make Dollar Revolving Loans denominated in U.S. Dollars to the Borrower, Revolving Facility Borrowers in Dollars, U.S. Dollars at any time and from time to time on or and after the Second Restatement Closing Date, and until the earlier of the Dollar Revolving Credit Maturity Date with respect to the Dollar Revolving Credit Commitment of such Lender and the termination of the Dollar Revolving Credit Commitment of such Dollar Revolving Lender in accordance with the terms hereof; provided that after giving effect to any Borrowing of Dollar Revolving Loans, in an aggregate principal amount at any time outstanding that will not result in the Outstanding Amount of such Revolving Credit Lender’s Dollar Revolving Credit Exposure exceeding shall not exceed such Lender’s Dollar Revolving Credit Commitment and (iiiy) each Multicurrency Revolving Lender severally, and not jointly, agrees to make Multicurrency Revolving Loans denominated in U.S. Dollars or Agreed Currencies to the Borrower, Revolving Facility Borrowers in U.S. Dollars or any Alternative Currency, Agreed Currencies at any time and from time to time on or and after the Second Restatement Closing Date, and until the earlier of the Multicurrency Revolving Credit Maturity Date with respect to the Multicurrency Revolving Credit Commitment of such Lender and the termination of the Multicurrency Revolving Credit Commitment of such Multicurrency Revolving Lender in accordance with the terms hereof; provided that after giving effect to any Borrowing of Multicurrency Revolving Loans, in an aggregate principal amount at any time outstanding that would not result in the Dollar Equivalent of the Outstanding Amount of such Revolving Credit Lender’s Multicurrency Revolving Credit Exposure exceeding shall not exceed the Dollar Equivalent of such Lender’s Multicurrency Revolving Credit Commitment. Within the foregoing limits set forth in the preceding sentence and subject to the terms, conditions and limitations set forth herein, the Borrower Revolving Facility Borrowers may borrow, pay or prepay and reborrow Revolving Loans. Amounts paid Subject to the terms of this Agreement and the Ancillary Documents, an Ancillary Lender may make available an Ancillary Facility to any Revolving Facility Borrower in place of all or prepaid part of its Multicurrency Revolving Credit Commitment. (b) [reserved]. (c) Subject to the terms and conditions of this Agreement, each Lender and each Additional Lender with an Additional Revolving Commitment for a given Class of Incremental Revolving Loans severally, and not jointly, agrees to make Incremental Revolving Loans to any Revolving Facility Borrower at any time and from time to time on and after the initial incurrence thereof, and until the earlier of the maturity thereof and the termination of the Additional Revolving Commitment of such in accordance with the terms hereof; provided that after giving effect to any Borrowing of Incremental Revolving Loans, the Outstanding Amount of such Xxxxxx’s Revolving Credit Exposure in respect of Term Additional Revolving Loans may shall not be reborrowed.exceed such Xxxxxx’s Additional Revolving Commitment in respect of Additional Revolving Loans. Section 2.02

Appears in 1 contract

Samples: Credit Agreement (SB/RH Holdings, LLC)

Commitments. Subject to the terms and conditions set forth herein and in the Second Restatement Agreement, each Lender (a) Subject agrees to make Revolving Loans denominated in dollars to each Borrower from time to time, in each case during the Revolving Availability Period, in an aggregate principal amount that will not result in such Lender’s Dollar Revolving Exposure exceeding such Lender’s Dollar Revolving Commitment or the Aggregate Dollar Revolving Exposure exceeding the Aggregate Dollar Revolving Commitment and (b) agrees to make Revolving Loans denominated in dollars or in any Permitted Foreign Currency to each Borrower from time to time, in each case during the Revolving Availability Period, in an aggregate principal amount that will not result in such Lender’s Multi-Currency Revolving Exposure exceeding such Lender’s Multi-Currency Revolving Commitment or the Aggregate Multi-Currency Revolving Exposure exceeding the Aggregate Multi-Currency Revolving Commitment. Within the foregoing limits and subject to the terms and conditions set forth herein, each Lender agrees, severally and not jointly, (i) to make a Tranche D Term Loan, in Dollars, to the Borrower on the Second Restatement Date, in a principal amount not to exceed its Tranche D Term Loan Commitment, (ii) to make Dollar Revolving Loans to the Borrower, in Dollars, at any time and from time to time on or after the Second Restatement Date, and until the earlier of the Revolving Credit Maturity Date with respect to the Dollar Revolving Credit Commitment of such Lender and the termination of the Dollar Revolving Credit Commitment of such Lender in accordance with the terms hereof, in an aggregate principal amount at any time outstanding that will not result in such Revolving Credit Lender’s Dollar Revolving Credit Exposure exceeding such Lender’s Dollar Revolving Credit Commitment and (iii) to make Multicurrency Revolving Loans to the Borrower, in Dollars or any Alternative Currency, at any time and from time to time on or after the Second Restatement Date, and until the earlier of the Revolving Credit Maturity Date with respect to the Multicurrency Revolving Credit Commitment of such Lender and the termination of the Multicurrency Revolving Credit Commitment of such Lender in accordance with the terms hereof, in an aggregate principal amount at any time outstanding that would not result in such Revolving Credit Lender’s Multicurrency Revolving Credit Exposure exceeding such Lender’s Multicurrency Revolving Credit Commitment. Within the limits set forth in the preceding sentence and subject to the terms, conditions and limitations set forth herein, the Borrower Borrowers may borrow, pay or prepay and reborrow Revolving Loans. Each Tranche A Term Loan outstanding immediately prior to the Second Restatement Effective Date shall continue to be outstanding under this Agreement on and after the Second Restatement Effective Date, subject to the terms of this Agreement. Amounts paid repaid or prepaid in respect of Term Loans may not be reborrowed. Notwithstanding anything to the contrary contained herein, the funded portion of each Tranche A Term Loan that was advanced in cash to the Borrower was less than 100.00% of the principal amount of such Tranche A Term Loan (but it is agreed that the Borrower shall be obligated to repay 100.00% of the principal amount of each such Tranche A Term Loan, the Tranche A Term Loans shall amortize based on 100.00% of the principal amount of each Tranche A Term Loan and interest shall accrue on 100.00% of the principal amount of each such Tranche A Term Loan, in each case as provided herein).

Appears in 1 contract

Samples: Second Amendment and Restatement Agreement (Allegion PLC)

Commitments. (a) (i) Subject to the terms and conditions set forth hereinherein (x) each Dollar Revolving Lender severally, each Lender agrees, severally and not jointly, (i) to make a Tranche D Term Loan, in Dollars, to the Borrower on the Second Restatement Date, in a principal amount not to exceed its Tranche D Term Loan Commitment, (ii) agrees to make Dollar Revolving Loans denominated in U.S. Dollars to the Borrower, Revolving Facility Borrowers in Dollars, U.S. Dollars at any time and from time to time on or and after the Second Restatement Closing Date, and until the earlier of the Dollar Revolving Credit Maturity Date with respect to the Dollar Revolving Credit Commitment of such Lender and the termination of the Dollar Revolving Credit Commitment of such Dollar Revolving Lender in accordance with the terms hereof; provided that after giving effect to any Borrowing of Dollar Revolving Loans, in an aggregate principal amount at any time outstanding that will not result in the Outstanding Amount of such Revolving Credit Lender’s Dollar Revolving Credit Exposure exceeding shall not exceed such Lender’s Dollar Revolving Credit Commitment and (iiiy) each Multicurrency Revolving Lender severally, and not jointly, agrees to make Multicurrency Revolving Loans denominated in U.S. Dollars or AlternativeAgreed Currencies to the Borrower, Revolving Facility Borrowers in U.S. Dollars or any Alternative Currency, AlternativeAgreed Currencies at any time and from time to time on or and after the Second Restatement Closing Date, and until the earlier of the Multicurrency Revolving Credit Maturity Date with respect to the Multicurrency Revolving Credit Commitment of such Lender and the termination of the Multicurrency Revolving Credit Commitment of such Multicurrency Revolving Lender in accordance with the terms hereof; provided that after giving effect to any Borrowing of Multicurrency Revolving Loans, in an aggregate principal amount at any time outstanding that would not result in the Dollar Equivalent of the Outstanding Amount of such Revolving Credit Lender’s Multicurrency Revolving Credit Exposure exceeding shall not exceed the Dollar Equivalent of such Lender’s Multicurrency Revolving Credit Commitment. Within Commitment and (ii) subject to the limits terms and conditions set forth in the preceding sentence First Amendment, each 2021 Term Lender on the First Amendment Effective Date severally, and not jointly, agrees to make 2021 Term Loans on the First Amendment Effective Date to the Lead Borrower in an amount equal to the 2021 Term Commitment of each 2021 Term Lender. Within the foregoing limits and subject to the terms, conditions and limitations set forth herein, the Borrower Revolving Facility Borrowers may borrow, pay or prepay and reborrow Revolving Loans. Amounts paid or prepaid in respect of the Term Loans may not be reborrowed. Subject to the terms of this Agreement and the Ancillary Documents, an Ancillary Lender may make available an Ancillary Facility to any Revolving Facility Borrower in place of all or part of its Multicurrency Revolving Credit Commitment.

Appears in 1 contract

Samples: Credit Agreement (SB/RH Holdings, LLC)

Commitments. (a) Subject to the terms and conditions and relying upon the representations and warranties herein set forth hereinforth, (i) each Revolving B Lender agrees, severally and not jointly, (i) to make a Tranche D Term Loan, in Dollars, to the Borrower on the Second Restatement Date, in a principal amount not to exceed its Tranche D Term Loan Commitment, (ii) to make Dollar Revolving B Loans to the Borrower, in Dollars, at any time and from time to time on or after the Second Restatement Date, Closing Date and until the earlier of the Revolving Credit B Maturity Date with respect to the Dollar Revolving Credit Commitment of such Lender and the termination of the Dollar its Revolving B Credit Commitment of such Lender in accordance with the terms hereof, in an aggregate principal amount at any time outstanding that will not result in (A) such Revolving Credit B Lender’s Dollar Revolving Credit B Exposure exceeding such Lender’s Dollar its Revolving B Credit Commitment or (B) the aggregate amount of the Revolving B Exposure exceeding the aggregate amount of the Revolving B Credit Commitments, (ii) each Revolving C Lender agrees, severally and (iii) not jointly, to make Multicurrency Revolving C Loans to the Borrower, in Dollars or any Alternative Currency, at any time and from time to time on or after the Second Restatement Date, Date and until the earlier of the Revolving Credit C Maturity Date with respect to the Multicurrency Revolving Credit Commitment of such Lender and the termination of the Multicurrency its Revolving C Credit Commitment of such Lender in accordance with the terms hereof, in an aggregate principal amount at any time outstanding that would will not result in (A) such Revolving Credit C Lender’s Multicurrency Revolving Credit C Exposure exceeding such Lender’s Multicurrency its Revolving Credit C Commitment or (B) the aggregate amount of the Revolving C Exposure exceeding the aggregate amount of the Revolving C Commitments and (iii) each Term Lender agrees, severally and not jointly, to make Term Loans to the Borrower on the Restatement Date in an aggregate principal amount not to exceed its Term Loan Commitment. Within the limits set forth in clauses (i) and (ii) of the preceding sentence and subject to the terms, conditions and limitations set forth herein, the Borrower may borrow, pay or prepay and reborrow Revolving Loans; provided that until the Revolving B Maturity Date, any such borrowing, payment, prepayment or reborrowing shall be allocated ratably according to the Pro Rata Percentages of each Revolving Credit Lender without regard to the tranche of Revolving Credit Commitments held by such Revolving Credit Lender. Amounts paid or prepaid in respect of Term Loans may not be reborrowed. For the avoidance of doubt, commencing on the Restatement Date, (A) each Revolving Credit Commitment of an Extending Revolving Lender shall be treated for all purposes as a Revolving C Credit Commitment and (B) each Revolving Credit Commitment of a Declining Revolving Lender shall be treated for all purposes as a Revolving B Credit Commitment.

Appears in 1 contract

Samples: Credit Agreement (Deltek, Inc)

Commitments. (a) Subject to On the terms and subject to the conditions set forth hereinherein and in reliance upon the representations and warranties set forth herein and in the other Loan Documents, each Lender agrees, agrees severally and not jointly, jointly to make (i) Tranche A Loans to make a Tranche D Term Loanthe U.S. Borrower, in Dollarsdollars, on the Restatement Date and on the Delayed Draw Funding Date, in an aggregate principal amount for all such Tranche A Loans not to exceed its Tranche A Commitment, (ii) Tranche B Loans to the Borrower U.S. Borrower, in dollars, on the Second Restatement Date, in a an aggregate principal amount not to exceed its Tranche D Term Loan B Commitment, (iiiii) to make Dollar Domestic Revolving Loans to the U.S. Borrower, in Dollarsdollars, at any time and from time to time on or after the Second Restatement Date, Date and until prior to the earlier of the Revolving Credit Maturity Date with respect to the Dollar Revolving Credit Commitment of such Lender and the termination of the Dollar Domestic Revolving Credit Commitment of such Lender in accordance with the terms hereof, in an aggregate principal amount at any time outstanding that will not result in such Revolving Credit Lender’s Dollar Domestic Revolving Credit Exposure exceeding such Lender’s Dollar Domestic Revolving Credit Commitment and Commitment, (iiiiv) to make Multicurrency Revolving Loans to the BorrowerU.S. Borrower in dollars, in Canadian Dollars or any Alternative CurrencyAustralian Dollars, the Canadian Borrower in dollars or Canadian Dollars, or the Australian Borrower in Australian Dollars, at any time and from time to time on or after the Second Restatement Date, Date and until prior to the earlier of the Revolving Credit Maturity Date with respect to the Multicurrency Revolving Credit Commitment of such Lender and the termination of the Multicurrency Revolving Credit Commitment of such Lender in accordance with the terms hereof, in an aggregate principal amount at any time outstanding that would will not result in (x) such Revolving Credit Lender’s Multicurrency Revolving Credit Exposure exceeding such Lender’s Multicurrency Revolving Credit Commitment or (y) the Aggregate Multicurrency Revolving Credit Exposure attributable to Loans to, and Letters of Credit issued for the account of, (A) the U.S. Borrower in Australian Dollars, the Australian Borrower and the New Zealand Borrower exceeding the ANZ Sublimit or (B) the U.S. Borrower in Canadian Dollars and the Canadian Borrower exceeding the Canadian Sublimit and (v) U.K. Revolving Loans to the U.S. Borrower in dollars, Pounds or Euros or the U.K. Borrower in Pounds or Euro, at any time and from time to time on or after the Restatement Date and prior to the earlier of the Revolving Credit Maturity Date and the termination of the U.K. Revolving Credit Commitment of such Lender in accordance with the terms hereof, in an aggregate principal amount at any time outstanding that will not result in such Lender’s U.K. Revolving Credit Exposure exceeding such Lender’s U.K. Revolving Credit Commitment. Within the limits set forth in the preceding first sentence and subject to the terms, conditions and limitations set forth herein, the Borrower may borrow, pay or prepay and reborrow Revolving Loans. Amounts paid or prepaid in respect of Term Loans may not be reborrowed.this

Appears in 1 contract

Samples: Credit Agreement (Cbre Group, Inc.)

Commitments. (a) Subject to On the terms and subject to the conditions set forth hereinherein and in reliance upon the representations and warranties set forth herein and in the other Loan Documents, each Lender agrees, agrees severally and not jointly, jointly to make (i) to make a Tranche D Term Loan, in Dollars, to the Borrower on the Second Restatement Date, in a principal amount not to exceed its Tranche D Term Loan Commitment, (ii) to make Dollar Domestic Revolving Loans to the U.S. Borrower, in Dollarsdollars, at any time and from time to time on or after the Second Restatement Date, Closing Date and until prior the earlier of the Revolving Credit Maturity Date with respect to the Dollar Revolving Credit Commitment of such Lender and the termination of the Dollar Domestic Revolving Credit Commitment of such Lender in accordance with the terms hereof, in an aggregate principal amount at any time outstanding that will not result in such Revolving Credit Lender’s Dollar Domestic Revolving Credit Exposure exceeding such Lender’s Dollar Domestic Revolving Credit Commitment and Commitment, (iiiii) to make Multicurrency Revolving Loans to the BorrowerU.S. Borrower in dollars, the Canadian Borrower in Dollars dollars or any Alternative CurrencyCanadian Dollars, the Australian Borrower in Australian Dollars, or the Japanese Borrower in Japanese Yen, at any time and from time to time on or after the Second Restatement Date, Closing Date and until prior to the earlier of the Revolving Credit Maturity Date with respect to and the termination of the Multicurrency Revolving Credit Commitment of such Lender in accordance with the terms hereof, in a aggregate principal amount at any time outstanding that will not result in (x) such Lender’s Multicurrency Revolving Credit Exposure exceeding such Lender’s Multicurrency Revolving Credit Commitment, or (y) the Aggregate Multicurrency Revolving Credit Exposure attributable to Loans to, and Letters of Credit issued for the account of, (A) the Australian Borrower and the New Zealand Borrower exceeding the ANZ Sublimit, (B) the Canadian Borrower exceeding the Canadian Sublimit or (C) the Japanese Borrower exceeding the Japanese Sublimit, and (iii) U.K. Revolving Loans to the U.S. Borrower in dollars or the U.K. Borrower in Pounds or Euro, at any time and from time to time on or after the Closing Date and prior to the earlier of the Revolving Credit Maturity Date and the termination of the Multicurrency U.K. Revolving Credit Commitment of such Lender in accordance with the terms hereof, in an aggregate principal amount at any time outstanding that would will not result in such Revolving Credit Lender’s Multicurrency U.K. Revolving Credit Exposure exceeding such Lender’s Multicurrency U.K. Revolving Credit Commitment. The Borrowers and the Lenders acknowledge the making of Loans prior to the Second Restatement Date under the Existing Credit Agreement and under the Tranche A-1 Loan Agreement and agree that, to the extent outstanding on the Second Restatement Date, such Loans shall continue to be outstanding pursuant to the terms and conditions of this Agreement and the other Loan Documents. Within the limits set forth in the preceding first sentence of this Section 2.01 and subject to the terms, conditions and limitations set forth herein, the Borrower Borrowers may borrow, pay or prepay and reborrow Revolving Loans. Amounts paid or prepaid in respect of Term Loans may not be reborrowed.

Appears in 1 contract

Samples: Credit Agreement (Cb Richard Ellis Group Inc)

Commitments. (a) Subject to the terms and conditions set forth herein, each Lender agrees, severally and not jointly, (i) to make a Tranche D B Term Loan, in Dollars, Loan to the Borrower on the Second Restatement Date, in a principal amount not to exceed its Tranche D B Term Loan Commitment, (ii) to make Dollar a Tranche C Term Loan to the Borrower on the Restatement Date, in a principal amount not to exceed its Tranche C Term Loan Commitment, (iii) to make Revolving A Loans to the Borrower, in Dollars, at any time and from time to time on or after the Second Restatement Date, and until the earlier of the Revolving A Credit Maturity Date with respect to the Dollar Revolving Credit Commitment of such Lender and the termination of the Dollar Revolving A Credit Commitment of such Lender in accordance with the terms hereof, in an aggregate principal amount at any time outstanding that will not result in such Revolving A Credit Lender’s Dollar Revolving A Credit Exposure exceeding such Lender’s Dollar Revolving A Credit Commitment and (iiiiv) to make Multicurrency Revolving B Loans to the Borrower, in Dollars or any Alternative Currency, at any time and from time to time on or after the Second Restatement Date, Date and until the earlier of the Revolving B Credit Maturity Date with respect to the Multicurrency Revolving Credit Commitment of such Lender and the termination of the Multicurrency Revolving B Credit Commitment of such Lender in accordance with the terms hereof, in an aggregate principal amount at any time outstanding that would not result in such Revolving Credit B Lender’s Multicurrency Revolving B Credit Exposure exceeding such Lender’s Multicurrency Revolving B Credit Commitment. Within the limits set forth in the preceding sentence and subject to the terms, conditions and limitations set forth herein, the Borrower may borrow, pay or prepay and reborrow Revolving Loans; provided that until the Revolving A Credit Maturity Date, any such borrowing, payment, prepayment or reborrowing shall be allocated ratably according to the Pro Rata Percentages of each Revolving Credit Lender without regard to the Class of Revolving Credit Commitments held by such Revolving Credit Lender. Amounts paid or prepaid in respect of Term Loans may not be reborrowed.

Appears in 1 contract

Samples: Credit Agreement (TransDigm Group INC)

Commitments. Subject to the terms and conditions set forth herein and in the First Restatement Agreement, each Lender (a) Subject has made Tranche A Term Loans denominated in dollars to the Borrower as set forth in the First Restatement Agreement, (b) [reserved], (c) agrees to make Revolving Loans denominated in dollars to each Borrower from time to time, in each case during the Revolving Availability Period, in an aggregate principal amount that will not result in such Lender’s Dollar Revolving Exposure exceeding such Lender’s Dollar Revolving Commitment or the Aggregate Dollar Revolving Exposure exceeding the Aggregate Dollar Revolving Commitment and (d) agrees to make Revolving Loans denominated in dollars or in any Permitted Foreign Currency to each Borrower from time to time, in each case during the Revolving Availability Period, in an aggregate principal amount that will not result in such Lender’s Multi-Currency Revolving Exposure exceeding such Lender’s Multi-Currency Revolving Commitment or the Aggregate Multi-Currency Revolving Exposure exceeding the Aggregate Multi-Currency Revolving Commitment. Within the foregoing limits and subject to the terms and conditions set forth herein, each Lender agrees, severally and not jointly, (i) to make a Tranche D Term Loan, in Dollars, to the Borrower on the Second Restatement Date, in a principal amount not to exceed its Tranche D Term Loan Commitment, (ii) to make Dollar Revolving Loans to the Borrower, in Dollars, at any time and from time to time on or after the Second Restatement Date, and until the earlier of the Revolving Credit Maturity Date with respect to the Dollar Revolving Credit Commitment of such Lender and the termination of the Dollar Revolving Credit Commitment of such Lender in accordance with the terms hereof, in an aggregate principal amount at any time outstanding that will not result in such Revolving Credit Lender’s Dollar Revolving Credit Exposure exceeding such Lender’s Dollar Revolving Credit Commitment and (iii) to make Multicurrency Revolving Loans to the Borrower, in Dollars or any Alternative Currency, at any time and from time to time on or after the Second Restatement Date, and until the earlier of the Revolving Credit Maturity Date with respect to the Multicurrency Revolving Credit Commitment of such Lender and the termination of the Multicurrency Revolving Credit Commitment of such Lender in accordance with the terms hereof, in an aggregate principal amount at any time outstanding that would not result in such Revolving Credit Lender’s Multicurrency Revolving Credit Exposure exceeding such Lender’s Multicurrency Revolving Credit Commitment. Within the limits set forth in the preceding sentence and subject to the terms, conditions and limitations set forth herein, the Borrower Borrowers may borrow, pay or prepay and reborrow Revolving Loans. Amounts paid repaid or prepaid in respect of Term Loans may not be reborrowed. Notwithstanding anything to the contrary contained herein, the funded portion of each Tranche A Term Loan that was advanced in cash to the Borrower was less than 100.00% of the principal amount of such Tranche A Term Loan (but it is agreed that the Borrower shall be obligated to repay 100.00% of the principal amount of each such Tranche A Term Loan, the Tranche A Term Loans shall amortize based on 100.00% of the principal amount of each Tranche A Term Loan and interest shall accrue on 100.00% of the principal amount of each such Tranche A Term Loan, in each case as provided herein).

Appears in 1 contract

Samples: Credit Agreement (Allegion PLC)

Commitments. (a) Subject to the terms and conditions relying upon the representations and warranties herein set forth hereinforth, each Bridge Lender agrees, severally and not jointly, (ia) to make a Tranche D Term Loan, in Dollars, Loan to the Borrower on the Second Restatement Date, Closing Date in a principal amount not to exceed its Tranche D Term Loan Commitment, Commitment and (iib) to make Dollar Revolving Loans (which shall be deemed to include unpaid or unreimbursed Additional Credit Disbursements) to the Borrower, in Dollars, at any time and from time to time on or after the Second Restatement Datedate hereof, and until the earlier of the Revolving Credit Final Maturity Date with respect to and the Dollar termination of the Revolving Credit Commitment of such Lender and the termination of the Dollar Revolving Credit Commitment of such Bridge Lender in accordance with the terms hereof, in an aggregate principal amount at any time outstanding that will not result in (i) such Revolving Credit Bridge Lender’s Dollar 's Revolving Credit Exposure exceeding (ii) such Bridge Lender’s Dollar 's Revolving Credit Commitment. Notwithstanding the foregoing, the aggregate principal amount of Revolving Loans outstanding at any time to the Borrower shall not exceed (1) the lesser of (A) the Total Revolving Credit Commitment (as such amount may be reduced pursuant to Section 2.08 hereto) and (iiiB) an amount equal to make Multicurrency Revolving Loans up to the Borrower, in Dollars or any Alternative Currency, at any time and from time to time on or after the Second Restatement Date, and until the earlier eighty percent (80%) of the Revolving Credit Maturity Date with respect amount of Eligible Receivables, (this clause (1) (B) referred to herein as the Multicurrency Revolving Credit Commitment of such Lender and "Borrowing Base"), minus (2) the termination of the Multicurrency Revolving Credit Commitment of such Lender in accordance with the terms hereof, in an aggregate principal amount at any time outstanding that would not result in such Revolving Credit Lender’s Multicurrency Revolving Additional Credit Exposure exceeding at such Lender’s Multicurrency Revolving time (excluding any unpaid or unreimbursed Additional Credit CommitmentDisbursements). Within the limits set forth in the two immediately preceding sentence sentences and subject to the terms, conditions and limitations set forth herein, including, without limitation, the requirement that no Revolving Loan shall be made hereunder if the amount thereof exceeds the Availability outstanding at such time, the Borrower may borrow, pay or prepay and reborrow Revolving Loans. Amounts paid or prepaid in respect of Term Loans may not be reborrowed.

Appears in 1 contract

Samples: Bridge Credit Agreement (Mascotech Inc)

Commitments. (a) Subject to the terms and conditions set forth herein, each Lender agrees, severally and not jointly, (i) to make a Tranche D Term Loan, in Dollars, to the Borrower on the Second Restatement Date, in a principal amount not to exceed its Tranche D Term Loan CommitmentCommitment,[reserved], (ii) to make Dollar Revolving Loans to the Borrower, in Dollars, at any time and from time to time on or after the Second Restatement Date, and until the earlier of the Revolving Credit Maturity Date with respect to the Dollar Revolving Credit Commitment of such Lender and the termination of the Dollar Revolving Credit Commitment of such Lender in accordance with the terms hereof, in an aggregate principal amount at any time outstanding that will not result in such Revolving Credit Lender’s Dollar Revolving Credit Exposure exceeding such Lender’s Dollar Revolving Credit Commitment and (iii) to make Multicurrency Revolving Loans to the Borrower, in Dollars or any Alternative Currency, at any time and from time to time on or after the Second Restatement Date, and until the earlier of the Revolving Credit Maturity Date with respect to the Multicurrency Revolving Credit Commitment of such Lender and the termination of the Multicurrency Revolving Credit Commitment of such Lender in accordance with the terms hereof, in an aggregate principal amount at any time outstanding that would not result in such Revolving Credit Lender’s Multicurrency Revolving Credit Exposure exceeding such Lender’s Multicurrency Revolving Credit Commitment. Within the limits set forth in the preceding sentence and subject to the terms, conditions and limitations set forth herein, the Borrower may borrow, pay or prepay and reborrow Revolving Loans. Amounts paid or prepaid in respect of Term Loans may not be reborrowed.

Appears in 1 contract

Samples: Credit Agreement (TransDigm Group INC)

Commitments. (a) Subject to the terms and conditions hereof and relying upon the representations and warranties set forth herein, (i) each Term Lender agrees, severally and not jointly, (i) to make a Tranche D Term Loan, in Dollars, Loan to the Borrower on the Second Restatement Date, Closing Date in a principal amount not to exceed its Tranche D Term Loan Commitment, (ii) each Revolving Credit Lender agrees, severally and not jointly, to make Dollar Revolving Loans to the Borrower, in Dollars, at any time and from time to time on or after the Second Restatement Date, date that is sixty (60) days following Closing Date (or such earlier date as the Borrower and the Revolving Credit Lenders as of such date may agree) and until the earlier of the Revolving Credit Maturity Date with respect to and the Dollar termination of the Revolving Credit Commitment of such Lender and the termination of the Dollar Revolving Credit Commitment of such Lender in accordance with the terms hereof, in an aggregate principal amount at any time outstanding that will not result in such Revolving Credit Lender’s Dollar Revolving Credit Exposure exceeding such Revolving Credit Lender’s Dollar Revolving Credit Commitment and (iii) subject in all cases to Section 2.01(b) below, each Incremental Term Loan Lender agrees, on a several basis, to make Multicurrency Revolving Loans an Incremental Term Loan to the Borrower, Borrower on the Seventh Amendment Closing Date in Dollars or any Alternative Currency, at any time and from time to time on or after the Second Restatement Date, and until the earlier of the Revolving Credit Maturity Date with respect to the Multicurrency Revolving Credit Commitment of such Lender and the termination of the Multicurrency Revolving Credit Commitment of such Lender in accordance with the terms hereof, in an aggregate a principal amount at any time outstanding that would not result in such Revolving Credit Lender’s Multicurrency Revolving Credit Exposure exceeding such Lender’s Multicurrency Revolving Credit to exceed its Incremental Term Loan Commitment. Within the limits set forth in clause (ii) of the preceding sentence and subject to the terms, conditions and limitations set forth herein, the Borrower may borrow, pay or prepay and reborrow Revolving Loans, provided that no Revolving Credit Borrowings shall be requested or made during each sixty (60) day period commencing on each Zero Balance Period Commencement Date. Amounts paid or prepaid in respect of Term Loans or Incremental Term Loans may not be reborrowed.

Appears in 1 contract

Samples: Credit Agreement (Affirmative Insurance Holdings Inc)

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Commitments. (a) Subject to the terms and conditions set forth herein, (i)(a) each USD Term Lender agreesseverally, severally and not jointly, (i) agrees to make a Tranche D Term Loan, in Dollars, term loans to the Lead Borrower on the Second Restatement DateClosing Date in U.S. Dollars in a principal amount not to exceed (x) its USD Term Commitment minus (y) the amount of term loans made to the Lead Borrower on the Closing Date in U.S. Dollars by certain Existing Term Loan Lenders pursuant to the Cashless Settlement Letter (such term loans made by the USD Term Lender and such Existing Term Loan Lenders, the “USD Term Loans”), (b) each Euro Term Lender severally, and not jointly, agrees to make term loans to the Lead Borrower on the Closing Date in Euros in a principal amount not to exceed its Tranche D Euro Term Loan CommitmentCommitment (such term loans made by the Euro Term Lender, the “Euro Term Loans”), and (c) each CAD Term Lender severally, and not jointly, agrees to make term loans to the Lead Borrower on the Closing Date in Canadian Dollars in a principal amount not to exceed its CAD Term Commitment (the “CAD Term Loans”) and (ii) (x) each Dollar Revolving Lender severally, and not jointly, agrees to make Dollar Revolving Loans denominated in U.S. Dollars to the Borrower, Revolving Facility Borrowers in Dollars, U.S. Dollars at any time and from time to time on or and after the Second Restatement Closing Date, and until the earlier of the Dollar Revolving Credit Maturity Date with respect to the Dollar Revolving Credit Commitment of such Lender and the termination of the Dollar Revolving Credit Commitment of such Dollar Revolving Lender in accordance with the terms hereof; provided that after giving effect to any Borrowing of Dollar Revolving Loans, in an aggregate principal amount at any time outstanding that will not result in the Outstanding Amount of such Revolving Credit Lender’s Dollar Revolving Credit Exposure exceeding shall not exceed such Lender’s Dollar Revolving Credit Commitment and (iiiy) each Multicurrency Revolving Lender severally, and not jointly, agrees to make Multicurrency Revolving Loans denominated in U.S. Dollars or Alternative Currencies to the Borrower, Revolving Facility Borrowers in U.S. Dollars or any Alternative Currency, Currencies at any time and from time to time on or and after the Second Restatement Closing Date, and until the earlier of the Multicurrency Revolving Credit Maturity Date with respect to the Multicurrency Revolving Credit Commitment of such Lender and the termination of the Multicurrency Revolving Credit Commitment of such Multicurrency Revolving Lender in accordance with the terms hereof; provided that after giving effect to any Borrowing of Multicurrency Revolving Loans, in an aggregate principal amount at any time outstanding that would not result in the Dollar Equivalent of the Outstanding Amount of such Revolving Credit Lender’s Multicurrency Revolving Credit Exposure exceeding shall not exceed the Dollar Equivalent of such Lender’s Multicurrency Revolving Credit Commitment. Within the foregoing limits set forth in the preceding sentence and subject to the terms, conditions and limitations set forth herein, the Borrower Revolving Facility Borrowers may borrow, pay or prepay and reborrow Revolving Loans. Amounts paid or prepaid in respect of the Term Loans may not be reborrowed. Subject to the terms of this Agreement and the Ancillary Documents, an Ancillary Lender may make available an Ancillary Facility to any Revolving Facility Borrower in place of all or part of its Multicurrency Revolving Credit Commitment.

Appears in 1 contract

Samples: Credit Agreement (Spectrum Brands Holdings, Inc.)

Commitments. (a) Subject to the terms and conditions set forth hereinherein and in Amendment No. 2, (i) each Initial Term A Lender agreesseverally, severally and not jointly, (i) agrees to make a Tranche D Term Loan, in Dollars, initial term A loans to the Borrower Borrowers (the proceeds of which may be allocated between the Borrowers) on the Second Restatement Date, Amendment No. 2 Closing Date in Dollars in a principal amount not to exceed its Tranche D Initial Term A Loan Commitment, (ii) each Initial Term B Lender severally, and not jointly, agrees to make Dollar initial term B loansReplacement Term B Loans (as defined in Amendment No. 1) to the Borrowers (the proceeds of which may be allocated between the Borrowers) on the 2018 Replacement Term B Closing Date in Dollars in a principal amount not to exceed its Initial Term B Loan Commitment and (iii) each Initial Revolving Lender severally, and not jointly, agrees to make Initial Revolving Loans to the Borrowers (or any Borrower, ) in Dollars, Dollars or any applicable Alternate Currency at any time and from time to time on or and after the Second Restatement Amendment No. 2 Closing Date, and until the earlier of the Initial Revolving Credit Maturity Date with respect to and the Dollar termination of the Initial Revolving Credit Commitment of such Lender and the termination of the Dollar Initial Revolving Credit Commitment of such Lender in accordance with the terms hereof; provided that, in an aggregate principal amount at after giving effect to any time outstanding that will not result in Borrowing of Initial Revolving Loans, the Outstanding Amount of such Initial Revolving Credit Lender’s Dollar Initial Revolving Credit Exposure exceeding shall not exceed such Initial Revolving Lender’s Dollar Revolving Credit Commitment and (iii) to make Multicurrency Revolving Loans to the Borrower, in Dollars or any Alternative Currency, at any time and from time to time on or after the Second Restatement Date, and until the earlier of the Revolving Credit Maturity Date with respect to the Multicurrency Revolving Credit Commitment of such Lender and the termination of the Multicurrency Revolving Credit Commitment of such Lender in accordance with the terms hereof, in an aggregate principal amount at any time outstanding that would not result in such Revolving Credit Lender’s Multicurrency Revolving Credit Exposure exceeding such Lender’s Multicurrency Initial Revolving Credit Commitment. Within the foregoing limits set forth in the preceding sentence and subject to the terms, conditions and limitations set forth herein, the Borrower Borrowers may borrow, pay or prepay and reborrow re-borrow Revolving Loans. Amounts paid or prepaid in respect of the Term A Loans and Initial Term B Loans may not be reborrowedre-borrowed.

Appears in 1 contract

Samples: Credit Agreement (Syneos Health, Inc.)

Commitments. (a) Subject to the terms and conditions set forth herein, (a) each Lender agreeshaving a Tranche B Commitment agrees to (i) make a Tranche B Term Loan in U.S. Dollars to the Borrower on the Restatement Effective Date in a principal amount equal to its Tranche B Commitment Funding Amount and/or (ii) convert all its Existing Tranche B Term Loans into Tranche B Term Loans in an amount equal to its Tranche B Commitment Conversion Amount, severally (b) each Lender having a Tranche B Euro Commitment agrees to (i) make a Tranche B Euro Term Loan in Euros to the Borrower on the Restatement Effective Date in a principal amount equal to its Tranche B Euro Commitment Funding Amount and/or (ii) convert all its Existing Tranche B Euro Term Loans for Tranche B Euro Term Loans in an amount equal to its Tranche B Euro Commitment Conversion Amount and not jointly, (c) each Lender having a Revolving Commitment agrees (i) to make a Tranche D Term Loan, in Dollars, to the Borrower on the Second Restatement Date, in a principal amount not to exceed its Tranche D Term Loan Commitment, (ii) to make Dollar Global Revolving Loans to the Borrower, in Dollars, at any time and Borrower from time to time on or after the Second Restatement Date, and until the earlier of during the Revolving Credit Maturity Date with respect to the Dollar Revolving Credit Commitment of such Lender and the termination of the Dollar Revolving Credit Commitment of such Lender Availability Period in accordance with the terms hereof, U.S. Dollars or in any Alternative Currency in an aggregate principal amount at any time outstanding that will not result in such Revolving Credit Lender’s Dollar Global Revolving Credit Exposure exceeding such Lender’s Dollar Global Revolving Credit Commitment and (iiiii) to make Multicurrency U.S. Revolving Loans to the Borrower, in Dollars or any Alternative Currency, at any time and Borrower from time to time on or after the Second Restatement Date, and until the earlier of during the Revolving Credit Maturity Date with respect to the Multicurrency Revolving Credit Commitment of such Lender and the termination of the Multicurrency Revolving Credit Commitment of such Lender Availability Period in accordance with the terms hereof, U.S. Dollars in an aggregate principal amount at any time outstanding that would will not result in such Revolving Credit Lender’s Multicurrency U.S. Revolving Credit Exposure exceeding such Lender’s Multicurrency U.S. Revolving Credit Commitment, provided that no Global Revolving Loan shall be made in an Alternative Currency if, after the making of such Global Revolving Loan, the U.S. Dollar Equivalent of the aggregate principal amount of outstanding Global Revolving Loans denominated in an Alternative Currency would exceed $50,000,000. Within the foregoing limits set forth in the preceding sentence and subject to the terms, terms and conditions and limitations set forth herein, the Borrower may borrow, pay or prepay and reborrow Revolving Loans. Amounts paid repaid or prepaid in respect of Term Loans may not be reborrowed.

Appears in 1 contract

Samples: Credit Agreement (Burger King Holdings Inc)

Commitments. (a) Subject to the terms and conditions set forth herein, (a) each Dollar Tranche Lender agrees, severally and not jointly, (i) to make a Tranche D Term Loan, in Dollars, to the Borrower on the Second Restatement Date, in a principal amount not to exceed its Tranche D Term Loan Commitment, (ii) agrees to make Dollar Tranche Revolving Loans to the Borrower, Borrowers in Dollars, at any time and Dollars from time to time on or after during the Second Restatement Date, and until the earlier of the Revolving Credit Maturity Date with respect to the Dollar Revolving Credit Commitment of such Lender and the termination of the Dollar Revolving Credit Commitment of such Lender in accordance with the terms hereof, Availability Period in an aggregate principal amount at any time outstanding that will not result in (i) such Revolving Credit Lender’s Dollar Tranche Revolving Credit Exposure exceeding such Lender’s Dollar Tranche Commitment or (ii) the sum of the total Dollar Tranche Revolving Credit Commitment and Exposures exceeding the aggregate Dollar Tranche Commitments, (iiib) each Multicurrency Tranche Lender agrees to make Multicurrency Tranche Revolving Loans to the Borrower, Borrowers in Dollars or any Alternative Currency, at any time and Agreed Currencies from time to time on or after during the Second Restatement Date, and until the earlier of the Revolving Credit Maturity Date with respect to the Multicurrency Revolving Credit Commitment of such Lender and the termination of the Multicurrency Revolving Credit Commitment of such Lender in accordance with the terms hereof, Availability Period in an aggregate principal amount at any time outstanding that would will not result in (i) subject to Sections 2.04 and 2.11(b), the Dollar Amount of such Revolving Credit Lender’s Multicurrency Tranche Revolving Credit Exposure exceeding such Lender’s Multicurrency Tranche Commitment, (ii) subject to Sections 2.04 and 2.11(b), the sum of the Dollar Amount of the total Multicurrency Tranche Revolving Credit CommitmentExposures exceeding the aggregate Multicurrency Tranche Commitments or (iii) subject to Sections 2.04 and 2.11(b), the sum of the Dollar Amount of the total Multicurrency Tranche Revolving Credit Exposures, in each case denominated in Foreign Currencies, exceeding the Foreign Currency Sublimit and (c) each Term Lender with a Term Loan Commitment agrees to make a Term Loan to the Company in Dollars on the Effective Date, in an amount equal to such Lender’s Term Loan Commitment by making immediately available funds available to the Administrative Agent’s designated account, not later than the time specified by the Administrative Agent. Within the foregoing limits set forth in the preceding sentence and subject to the terms, terms and conditions and limitations set forth herein, the Borrower Borrowers may borrow, pay or prepay and reborrow Dollar Tranche Revolving Loans and Multicurrency Tranche Revolving Loans. Amounts paid repaid or prepaid in respect of Term Loans may not be reborrowed.

Appears in 1 contract

Samples: Credit Agreement (LKQ Corp)

Commitments. (a) Subject to the terms and conditions and relying upon the representa- tions and warranties herein set forth hereinforth, each Lender and each Fronting Bank (as applicable) agrees, severally and not jointly, as follows: (i) each Lender agrees to make a Tranche D Term Loan, in Dollars, to the Borrower on the Second Restatement Date, in a principal amount not to exceed its Tranche D Term Loan Commitment, (ii) to make Dollar Revolving A Loans to the Borrower, in Dollars, any Borrower at any time and from time to time on or after the Second Restatement Date, and until the earlier of the Revolving Credit Maturity Tranche A Commitment Termination Date with respect up to the Dollar Revolving Credit Commitment amount of such Lender and Lender's Tranche A Available Commitment, each Fronting Bank agrees to issue Tranche A Letters of Credit for the termination account of the Dollar Revolving Credit Commitment of such Lender in accordance with the terms hereof, in an aggregate principal amount at any time outstanding that will not result in such Revolving Credit Lender’s Dollar Revolving Credit Exposure exceeding such Lender’s Dollar Revolving Credit Commitment and (iii) to make Multicurrency Revolving Loans to the Borrower, in Dollars or any Alternative Currency, Borrower at any time and from time to time on or after the Second Restatement Date, and until the earlier of fifth Business Day preceding the Revolving Credit Maturity Tranche A Commitment Termination Date with respect to the Multicurrency Revolving Credit Commitment of such Lender and the termination of the Multicurrency Revolving Credit Commitment of such Lender in accordance with the terms hereof, in an aggregate principal stated amount at any time outstanding that would not result to exceed such Fronting Bank's Tranche A LC Fronting Bank Commitment, and each Lender agrees to purchase participations in such Revolving Letters of Credit Lender’s Multicurrency Revolving Credit Exposure exceeding such Lender’s Multicurrency Revolving Credit Commitment. Within the limits as more fully set forth in Section 2.17; (ii) each Lender agrees to make Tranche B Loans to any Borrower at any time and from time to time until the preceding sentence and subject Tranche B Commitment Termination Date up to the termsamount of such Lender's Tranche B Available Commitment, conditions each Fronting Bank agrees to issue Tranche B Letters of Credit for the account of any Borrower at any time and limitations from time to time until the fifth Business Day preceding the Tranche B Commitment Termination Date in an aggregate stated amount at any time outstanding not to exceed such Fronting Bank's Tranche B LC Fronting Bank Commitment, and each Lender agrees to purchase participations in such Letters of Credit as more fully set forth hereinin Section 2.17; and (iii) each Lender agrees to make Tranche C Loans to any Borrower at any time and from time to time until the Tranche C Commitment Termination Date up to the amount of such Lender's Tranche C Available Commitment, each Fronting Bank agrees to issue Tranche C Letters of Credit for the account of any Borrower may borrowat any time and from time to time until the fifth Business Day preceding the Tranche C Available Commitment Date in an aggregate stated amount at any time outstanding not to exceed such Fronting Bank's Tranche C LC Fronting Bank Commitment, pay and each Lender agrees to purchase participations in such Letters of Credit as more fully set forth in Section 2.17. Notwithstanding the foregoing, at no time shall (A) the Outstanding Credits for any Tranche exceed the aggregate amount of the Lenders' Commitments for such Tranche, (B) any Lender's Outstanding Credits for any Tranche exceed the amount of such Lender's Commitment for such Tranche, (C) any Fronting Bank make any Extension of Credit relating to a Letter of Credit if such Extension of Credit would cause (x) the aggregate amount of Outstanding Credits for any Tranche to exceed the aggregate amount of the Lenders' Commitments for such Tranche, or prepay (y) the aggregate LC Outstandings for such Tranche relating to such Fronting Bank to exceed such Fronting Bank's LC Fronting Bank Commitment for such Tranche and reborrow Revolving Loans. Amounts paid or prepaid in respect (D) any Extension of Term Loans may not Credit be reborrowedmade to Delivery if such Extension of Credit would cause the amount of Outstanding Credits to Delivery to exceed $2,800,000,000.

Appears in 1 contract

Samples: Revolving Credit Agreement (Txu Corp /Tx/)

Commitments. (a) Subject to the terms and conditions hereof and relying upon the representations and warranties set forth herein, (a) each Term Lender having a Term Loan Commitment on the Closing Date has made a Term Loan to the Borrower on the Closing Date in a principal amount not exceeding its Term Loan Commitment on such date, (b) each Term Lender having a Term Loan Commitment on the Amendment Effective Date agrees, severally and not jointly, to make a Term Loan to the Borrower on a single date specified by the Borrower that is prior to the Additional Term Loan Commitment Termination Date in a principal amount not to exceed its Term Loan Commitment, (c) each Incremental Term Lender which shall provide an Incremental Term Loan Commitment pursuant to Section 2.24 agrees, severally and not jointly, to make an Incremental Term Loan to the Borrower in a principal amount not to exceed its Incremental Term Loan Commitment and (d) each Revolving Credit Lender agrees, severally and not jointly, (i) to make a Tranche D Term Loan, in Dollars, to the Borrower on the Second Restatement Date, in a principal amount not to exceed its Tranche D Term Loan Commitment, (ii) to make Dollar Revolving Loans to the Borrower, in Dollars, at any time and from time to time on or after the Second Restatement Date, Closing Date and until the earlier of the Revolving Credit Maturity Date with respect to and the Dollar termination of the Revolving Credit Commitment of such Lender and the termination of the Dollar Revolving Credit Commitment of such Lender in accordance with the terms hereof, in an aggregate principal amount at any time outstanding that will not result in such Revolving Credit Lender’s Dollar Revolving Credit Exposure exceeding such Lender’s Dollar Revolving Credit Commitment and (iii) to make Multicurrency Revolving Loans to the Borrower, in Dollars or any Alternative Currency, at any time and from time to time on or after the Second Restatement Date, and until the earlier of the Revolving Credit Maturity Date with respect to the Multicurrency Revolving Credit Commitment of such Lender and the termination of the Multicurrency Revolving Credit Commitment of such Lender in accordance with the terms hereof, in an aggregate principal amount at any time outstanding that would not result in such Revolving Credit Lender’s Multicurrency Revolving Credit Exposure exceeding such Lender’s Multicurrency Revolving Credit Commitment. Within the limits set forth in clause (d) of the preceding sentence and subject to the terms, conditions and limitations set forth herein, the Borrower may borrow, pay or prepay and reborrow Revolving Loans. Amounts paid or prepaid in respect of Term Loans may not be reborrowed.

Appears in 1 contract

Samples: Credit Agreement (True Temper Sports Inc)

Commitments. (a) Subject to the terms and conditions set forth herein, (i) each Initial Term Lender agreesseverally, severally and not jointly, (i) agrees to make a Tranche D Initial Term Loan, in Dollars, Loans to the Borrower on the Second Restatement DateClosing Date or, in the case of the First Amendment Incremental Term Loans, on the First Amendment Closing Date in Dollars in a principal amount not to exceed its Tranche D Initial Term Loan CommitmentCommitment and, (ii) each Second Incremental Term Loan Lender severally, and not jointly, agrees to make Dollar Second Amendment Incremental Term Loans to the Borrower on the Second Amendment Closing Date and (iii) each Revolving Lender severally, and not jointly, agrees to make Revolving Loans to the Borrower, Borrower in Dollars, Dollars at any time and from time to time on or and after the Second Restatement Closing Date, and until the earlier of the Initial Revolving Credit Maturity Date with respect to and the Dollar termination of the Initial Revolving Credit Commitment of such Lender and the termination of the Dollar Initial Revolving Credit Commitment of such Lender in accordance with the terms hereof; provided that, in an aggregate principal amount at after giving effect to any time outstanding that will not result in Borrowing of Initial Revolving Loans, the Outstanding Amount of such Initial Revolving Credit Lender’s Dollar Initial Revolving Credit Exposure exceeding shall not exceed such Initial Revolving Lender’s Dollar Revolving Credit Commitment and (iii) to make Multicurrency Revolving Loans to the Borrower, in Dollars or any Alternative Currency, at any time and from time to time on or after the Second Restatement Date, and until the earlier of the Revolving Credit Maturity Date with respect to the Multicurrency Revolving Credit Commitment of such Lender and the termination of the Multicurrency Revolving Credit Commitment of such Lender in accordance with the terms hereof, in an aggregate principal amount at any time outstanding that would not result in such Revolving Credit Lender’s Multicurrency Revolving Credit Exposure exceeding such Lender’s Multicurrency Initial Revolving Credit Commitment. Within the foregoing limits set forth in the preceding sentence and subject to the terms, conditions and limitations set forth herein, the Borrower may borrow, pay or prepay and reborrow Revolving Loans. Amounts paid or prepaid in respect of the Initial Term Loans and the Second Amendment Incremental Term Loans may not be reborrowed.

Appears in 1 contract

Samples: First Lien Credit Agreement (Waystar Holding Corp.)

Commitments. (a) Subject to the terms and conditions hereof and relying upon the representations and warranties set forth herein, (a) each Term Lender agrees, severally and not jointly, (i) to make re-evidence and/or fund a Tranche D Term Loan, in Dollars, Loan to the Term Loan Borrower on the Second Restatement Date, Date in a principal amount not to exceed its Tranche D Term Loan Commitment, and all Term Loans under the Original Credit Agreement and outstanding on the Restatement Date shall be re-evidenced as Term Loans hereunder, (iib) each Revolving Credit Lender agrees, severally and not jointly, to make Dollar re-evidence and/or fund Revolving Loans to the Borrower, in DollarsRevolving Loan Borrowers, at any time and from time to time on or after the Second Restatement Date, Date and until the earlier of the Revolving Credit Maturity Date with respect to and the Dollar termination of the Revolving Credit Commitment of such Lender and the termination of the Dollar Revolving Credit Commitment of such Lender in accordance with the terms hereof, in an aggregate principal amount at any time outstanding that will not result in such Revolving Credit Lender’s Dollar Revolving Credit Exposure exceeding such Lender’s Dollar Revolving Credit Commitment and (iii) to make Multicurrency Revolving Loans to the Borrower, in Dollars or any Alternative Currency, at any time and from time to time on or after the Second Restatement Date, and until the earlier of the Revolving Credit Maturity Date with respect to the Multicurrency Revolving Credit Commitment of such Lender and the termination of the Multicurrency Revolving Credit Commitment of such Lender in accordance with the terms hereof, in an aggregate principal amount at any time outstanding that would not result in such Revolving Credit Lender’s Multicurrency Revolving Credit Exposure exceeding such Lender’s Multicurrency Revolving Credit Commitment, and all Revolving Loans and Revolving Credit Commitments under the Original Credit Agreement outstanding on the Restatement Date shall be re-evidenced as Revolving Loans and Revolving Credit Commitments hereunder, and (c) each Funded L/C Lender agrees, severally and not jointly, to re-evidence and/or fund its Credit-Linked Deposit with the Administrative Agent on the Restatement Date in accordance with Section 2.24, and all Credit-Linked Deposits under the Original Credit Agreement and outstanding on the Restatement Date shall be re-evidenced as Credit-Linked Deposits hereunder. Within the limits set forth in clause (b) of the preceding sentence and subject to the terms, conditions and limitations set forth herein, the Borrower Revolving Loan Borrowers may borrow, pay or prepay and reborrow Revolving Loans. Amounts paid or prepaid in respect of Term Loans may not be reborrowed.

Appears in 1 contract

Samples: Credit Agreement (NRG Energy, Inc.)

Commitments. (a) Subject to the terms and conditions set forth herein, each Lender agrees, severally and not jointly, agrees (ia) to make a Tranche D A Term LoanLoan to the Company during the Effective Period, in Dollars, to the Borrower on the Second Restatement Datedollars, in a principal amount not to exceed exceeding its Tranche D Term Loan A Commitment, (iib) to make Dollar a Tranche B Term Loan to the Company during the Effective Period, in dollars, in a principal amount not exceeding its Tranche B Commitment, (c) to make a German Term Loan to Holdings during the Effective Period, in Deutschemarks, in a principal amount not exceeding its German Term Commitment, (d) to make U.S. Revolving Loans to the Borrower, in Dollars, at any time and Company from time to time on or after the Second Restatement Date, and until the earlier of during the Revolving Credit Maturity Date with respect to the Dollar Revolving Credit Commitment of such Lender and the termination of the Dollar Revolving Credit Commitment of such Lender in accordance with the terms hereof, Availability Period in an aggregate principal amount at any time outstanding that will not result in such Lender's U.S. Revolving Credit Lender’s Dollar Revolving Credit Exposure exceeding such Lender’s Dollar 's U.S. Revolving Credit Commitment or the aggregate amount of the Lenders' U.S. Revolving Exposures exceeding the aggregate amount of the U.S. Revolving Commitments and (iiie) to make Multicurrency German Revolving Loans to Holdings and, subject to prior satisfaction of the BorrowerGerman Borrower Condition with respect to one or more of the Subsidiary Borrowers, in Dollars or any Alternative Currency, at any time and to each such Subsidiary Borrower from time to time on or after the Second Restatement Date, and until the earlier of during the Revolving Credit Maturity Date with respect to the Multicurrency Revolving Credit Commitment of such Lender and the termination of the Multicurrency Revolving Credit Commitment of such Lender in accordance with the terms hereof, Availability Period in an aggregate principal amount at any time outstanding that would will not result in such Lender's German Revolving Credit Lender’s Multicurrency Revolving Credit Exposure exceeding such Lender’s Multicurrency 's German Revolving Credit CommitmentCommitment or the aggregate amount of the Lenders' German Revolving Exposures exceeding the aggregate amount of the German Revolving Commitments. Notwithstanding any other provision hereof, the Tranche A Term Loans, the Tranche B Term Loans and the German Term Loans shall be available only in a single drawing on a single date of Borrowing on or prior to the last day of the Effective Period, and no other Borrowing (or issuance of a Letter of Credit) may be effected hereunder prior to the making of the Term Loans. Within the foregoing limits set forth in the preceding sentence and subject to the terms, terms and conditions and limitations set forth herein, the Borrower Company and the German Borrowers as applicable, may borrow, pay or prepay and reborrow Revolving Loans. Amounts paid or prepaid repaid in respect of Term Loans may not be reborrowed.

Appears in 1 contract

Samples: Credit Agreement (Sinter Metals Inc)

Commitments. (a) Subject to the terms and conditions set forth herein, (i) each Initial Term Lender agreesseverally, severally and not jointly, (i) agrees to make a Tranche D Initial Term Loan, in Dollars, Loans to the Borrower on the Second Restatement Closing Date, in the case of the First Amendment Incremental Term Loans, on the FirstEighth Amendment Closing Date, or in the case of the 2021 Replacement Term Loans, on the Third Amendment Closing Date, or in the case of the Fourth Amendment Incremental Term Loans, on the Fourth Amendment Closing Date, in each case in Dollars in a principal amount not to exceed its Tranche D Initial Term Loan Commitment, (ii) each Second Incremental Term Loan Lender severally, and not jointly, agrees to make Dollar Second Amendment Incremental Term Loans to the Borrower on the Second Amendment Closing Date and (iii as set forth in the Eighth Amendment and (ii) each Revolving Lender severally, and not jointly, agrees to make Revolving Loans to the Borrower, Borrower in Dollars, Dollars at any time and from time to time on or and after the Second Restatement Original Closing Date, and until the earlier of the Initial Revolving Credit Maturity Date with respect to and the Dollar termination of the Initial Revolving Credit Commitment of such Lender and the termination of the Dollar Initial Revolving Credit Commitment of such Lender in accordance with the terms hereof; provided that, in an aggregate principal amount at after giving effect to any time outstanding that will not result in Borrowing of Initial Revolving Loans, the Outstanding Amount of such Initial Revolving Credit Lender’s Dollar Initial Revolving Credit Exposure exceeding shall not exceed such Initial Revolving Lender’s Dollar Revolving Credit Commitment and (iii) to make Multicurrency Revolving Loans to the Borrower, in Dollars or any Alternative Currency, at any time and from time to time on or after the Second Restatement Date, and until the earlier of the Revolving Credit Maturity Date with respect to the Multicurrency Revolving Credit Commitment of such Lender and the termination of the Multicurrency Revolving Credit Commitment of such Lender in accordance with the terms hereof, in an aggregate principal amount at any time outstanding that would not result in such Revolving Credit Lender’s Multicurrency Revolving Credit Exposure exceeding such Lender’s Multicurrency Initial Revolving Credit Commitment. Within the foregoing limits set forth in the preceding sentence and subject to the terms, conditions and limitations set forth herein, the Borrower may borrow, pay or prepay and reborrow Revolving Loans. Amounts paid or prepaid in respect of the Initial Term Loans and the Second Amendment Incremental Term Loans may not be reborrowed.

Appears in 1 contract

Samples: First Lien Credit Agreement (Waystar Holding Corp.)

Commitments. (a) Subject to the terms and conditions set forth herein, each Lender agrees, severally and not jointly, (i) to make a Tranche D Term Loan, in Dollars, to the Borrower on the Second Restatement Date, in a principal amount not to exceed its Tranche D Term Loan Commitment[reserved], (ii) to make Dollar Revolving Loans to the Borrower, in Dollars, at any time and from time to time on or after the Second Restatement Date, and until the earlier of the Revolving Credit Maturity Date with respect to the Dollar Revolving Credit Commitment of such Lender and the termination of the Dollar Revolving Credit Commitment of such Lender in accordance with the terms hereof, in an aggregate principal amount at any time outstanding that will not result in such Revolving Credit Lender’s Dollar Revolving Credit Exposure exceeding such Lender’s Dollar Revolving Credit Commitment and (iii) to make Multicurrency Revolving Loans to the Borrower, in Dollars or any Alternative Currency, at any time and from time to time on or after the Second Restatement Date, and until the earlier of the Revolving Credit Maturity Date with respect to the Multicurrency Revolving Credit Commitment of such Lender and the termination of the Multicurrency Revolving Credit Commitment of such Lender in accordance with the terms hereof, in an aggregate principal amount at any time outstanding that would not result in such Revolving Credit Lender’s Multicurrency Revolving Credit Exposure exceeding such Lender’s Multicurrency Revolving Credit Commitment. Within the limits set forth in the preceding sentence and subject to the terms, conditions and limitations set forth herein, the Borrower may borrow, pay or prepay and reborrow Revolving Loans. Amounts paid or prepaid in respect of Term Loans may not be reborrowed.

Appears in 1 contract

Samples: Credit Agreement (TransDigm Group INC)

Commitments. (a) Subject to the terms and conditions set forth herein, (a) each Tranche Bsubject to the terms and conditions set forth in the Amendment and Restatement Agreement, each Initial Term Lender agrees, severally and not jointly, (i) agrees to make a Tranche D B(or is deemed to make) an Initial Term Loan, Loan denominated in Dollars, dollars to the Borrower on the Second Amendment and Restatement Date, Effective Date in a principal amount not to exceed exceeding its Tranche D B Term Loan Commitment, (iib) each Tranche A Term Lender agrees to make Dollar a Tranche A Term Loan denominated in dollars to the Borrower on the Effective Date in a principal amount not exceeding its Tranche AInitial Term Commitment and (cb) subject to the terms and conditions set forth in the Amendment and Restatement Agreement, each Revolving Lender agrees to make Revolving Loans denominated in dollars or a Permitted Foreign Currency to the Borrower, in Dollars, at any time and Borrower from time to time on or after the Second Restatement Datetime, and until the earlier of in each case during the Revolving Credit Maturity Date with respect to the Dollar Revolving Credit Commitment of such Lender and the termination of the Dollar Revolving Credit Commitment of such Lender in accordance with the terms hereofAvailability Period, in an aggregate principal amount at any time outstanding that will not result in such Revolving Credit Lender’s Dollar Revolving Credit Exposure exceeding such Lender’s Dollar Revolving Credit Commitment and (iii) to make Multicurrency or the Aggregate Revolving Loans to the Borrower, in Dollars or any Alternative Currency, at any time and from time to time on or after the Second Restatement Date, and until the earlier of the Revolving Credit Maturity Date with respect to the Multicurrency Revolving Credit Commitment of such Lender and the termination of the Multicurrency Revolving Credit Commitment of such Lender in accordance with the terms hereof, in an aggregate principal amount at any time outstanding that would not result in such Revolving Credit Lender’s Multicurrency Revolving Credit Exposure exceeding such Lender’s Multicurrency the Aggregate Revolving Credit Commitment. Tranche B Term Loans and Tranche AInitial Term Loans may be ABR Loans or Eurocurrency Loans, as further provided herein. Within the foregoing limits set forth in the preceding sentence and subject to the terms, terms and conditions and limitations set forth herein, the Borrower may borrow, pay or prepay and reborrow Revolving Loans. Amounts paid repaid or prepaid in respect of Term Loans may not be reborrowed.

Appears in 1 contract

Samples: Amendment and Restatement Agreement (Resideo Technologies, Inc.)

Commitments. (a) Subject to the terms and conditions set forth herein, each Lender agrees, severally and not jointly, (i) agrees to make a Tranche D C Term Loan, Loans in Dollars, to the Borrower on the Second Restatement Date, in a principal amount not to exceed its Tranche D Term Loan Commitment, (ii) to make Dollar Revolving Loans to the Borrower, in Dollars, at any time and dollars from time to time (but not more than three times in the aggregate) during the Tranche C Availability Period (collectively, the “Tranche C Term Loans”) to the Borrower or the Additional Borrower on any Funding Date and on or after before the Second Restatement Date, and until the earlier of the Revolving Credit Maturity Liberty Bond Redemption Date with respect to the Dollar Revolving Credit Commitment of such Lender and the termination of the Dollar Revolving Credit Commitment of such Lender in accordance with the terms hereof, in an aggregate principal amount at any time outstanding that will not result in such Revolving Credit Lender’s Dollar Revolving Credit Exposure exceeding exceed such Lender’s Dollar Revolving Credit Commitment and (iii) to make Multicurrency Revolving Loans to the Borrower, in Dollars or any Alternative Currency, at any time and from time to time respective Commitment; provided that each such Borrowing on or after the Second Restatement Date, and until the earlier of the Revolving Credit Maturity Date with respect to the Multicurrency Revolving Credit Commitment of such Lender and the termination of the Multicurrency Revolving Credit Commitment of such Lender in accordance with the terms hereof, date shall be in an aggregate principal amount at any time outstanding that would is (i) not result in such Revolving Credit Lender’s Multicurrency Revolving Credit Exposure exceeding such Lender’s Multicurrency Revolving Credit Commitmentless than $100.0 million or (ii) equal to the remaining available balance of the Tranche C Commitments. Within the foregoing limits set forth in the preceding sentence and subject to the terms, terms and conditions and limitations set forth herein, the Borrower and the Additional Borrower may borrow, pay or prepay and reborrow Revolving borrow Tranche C Term Loans. Amounts paid repaid or prepaid in respect of the Tranche C Term Loans may not be reborrowed. During the Tranche C Availability Period the Borrowers may borrow up to three times in the aggregate which Borrowings may be comprised of: (a) up to one Tranche C Term Loan drawing per day from the Acquisition Sub-Tranche, the use of proceeds of which are to purchase shares of Liberty in one or more Liberty Equity Acquisitions, to consummate the Refinancing and pay Transaction Costs and (b) on or before the Liberty Bond Redemption Date (or, if not a Business Day, the immediately preceding Business Day), one Tranche C Term Loan drawing from the Bond Redemption Sub-Tranche to fund the Liberty Bond Redemption in connection with the exercise by holders of Liberty Bonds of the Liberty Bond Put Option. To the extent that holders of less than 100% of the outstanding Liberty Bonds exercise the Liberty Bond Put Option during the Liberty Bond Put Period or if the Liberty Bond Put Event does not occur during the Liberty Bond Put Period, the Bond Redemption Sub-Tranche shall be reduced (pro rata for each Lender) at the end of the Liberty Bond Put Period by the aggregate principal amount of Liberty Bonds with respect to which the holders thereof have not exercised the Liberty Bond Put Option or if the Liberty Bond Put Event has not occurred, the Liberty Bond Sub-Tranche shall be reduced to zero.

Appears in 1 contract

Samples: Term Loan Credit Agreement (Nasdaq Stock Market Inc)

Commitments. (ar) Subject to the terms and express conditions set forth herein, each applicable Lender agrees, severally and not jointly, agrees (ia) to make a Tranche D Term Loan, in Dollars, Loan to the Borrower on the Second Restatement Date, Closing Date in a principal amount not to exceed its Tranche D Term Loan Commitment, (ii) to make Dollar Revolving Loans to the Borrower, in Dollars, at any time and from time to time on or after the Second Restatement Date, and until the earlier of the Revolving Credit Maturity Date with respect to the Dollar Revolving Credit Commitment of such Lender and the termination of the Dollar Revolving Credit Commitment of such Lender in accordance with the terms hereof, Dollars in an aggregate principal amount at any time outstanding that will not result in such Revolving Credit Lender’s Dollar Revolving Credit Exposure exceeding such Lender’s Dollar Revolving Credit Commitment equal to its Tranche B Term Commitment, and (iiib) to make Multicurrency Revolving Loans to the Borrower, in Dollars or any Alternative Currency, at any time and Borrower from time to time on or after the Second Restatement Date, and until the earlier of during the Revolving Credit Maturity Date with respect to the Multicurrency Revolving Credit Commitment of such Lender and the termination of the Multicurrency Revolving Credit Commitment of such Lender Availability Period in accordance with the terms hereofDollars, Euros, British Pounds or any other Alternative Currency in an aggregate principal amount at any time outstanding that would will not result in such Revolving Credit Lender’s Multicurrency Revolving Credit Exposure exceeding such Lender’s Multicurrency Revolving Credit Commitment and (c) to make U.S. Revolving Loans to the Borrower from time to time during the Revolving Availability Period in Dollars in an aggregate principal amount that will not result in such Lender’s U.S. Revolving Exposure exceeding such Lender’s U.S. Revolving Commitment, it being understood that any such Multicurrency Revolving Loans or U.S. Revolving Loans, as the case may be, shall be made (and funded) to the Existing Borrower or the Incremental Borrower in the sole discretion of the Existing Borrower and the Incremental Borrower. Within the foregoing limits set forth in the preceding sentence and subject to the terms, terms and express conditions and limitations set forth herein, the Borrower may borrow, pay or prepay and reborrow Revolving LoansLoans (without premium or penalty). Amounts paid repaid or prepaid in respect of Term Loans may not be reborrowed. The Tranche B Term Commitments will terminate in full upon the making of the Loans referred to in clause (a) above.

Appears in 1 contract

Samples: Credit Agreement (KC Holdco, LLC)

Commitments. (a) Subject to the terms and conditions set forth herein, (a) subject to the terms and conditions set forth in the Third Amendment and Restatement Agreement, each Initial Term Lender agrees, severally and not jointly, (i) agrees to make a Tranche D (or is deemed to make) an Initial Term Loan, Loan denominated in Dollars, dollars to the Borrower on the Second Third Amendment and Restatement Date, Effective Date in a principal amount not exceeding its Initial Term Commitment and (b) subject to exceed its Tranche D Term Loan Commitmentthe terms and conditions set forth in the Amendment and Restatement Agreement, (ii) each Revolving Lender agrees to make Dollar Revolving Loans denominated in dollars or a Permitted Foreign Currency to the Borrower, in Dollars, at any time and Borrower from time to time on or after the Second Restatement Datetime, and until the earlier of in each case during the Revolving Credit Maturity Date with respect to the Dollar Revolving Credit Commitment of such Lender and the termination of the Dollar Revolving Credit Commitment of such Lender in accordance with the terms hereofAvailability Period, in an aggregate principal amount at any time outstanding that will not result in such Revolving Credit Lender’s Dollar Revolving Credit Exposure exceeding such Lender’s Dollar Revolving Credit Commitment and (iii) to make Multicurrency or the Aggregate Revolving Loans to the Borrower, in Dollars or any Alternative Currency, at any time and from time to time on or after the Second Restatement Date, and until the earlier of the Revolving Credit Maturity Date with respect to the Multicurrency Revolving Credit Commitment of such Lender and the termination of the Multicurrency Revolving Credit Commitment of such Lender in accordance with the terms hereof, in an aggregate principal amount at any time outstanding that would not result in such Revolving Credit Lender’s Multicurrency Revolving Credit Exposure exceeding such Lender’s Multicurrency the Aggregate Revolving Credit Commitment. Initial Term Loans may be ABR Loans or Term Benchmark Loans, as further provided herein. Within the foregoing limits set forth in the preceding sentence and subject to the terms, terms and conditions and limitations set forth herein, the Borrower may borrow, pay or prepay and reborrow Revolving Loans. Amounts paid repaid or prepaid in respect of Term Loans may not be reborrowed.

Appears in 1 contract

Samples: Credit Agreement (Resideo Technologies, Inc.)

Commitments. (a) Subject to the terms and conditions set forth herein, (i) each Initial Term Lender agreesseverally, severally and not jointly, (i) agrees to make a Tranche D Initial Term Loan, in Dollars, Loans to the Borrower on the Second Restatement Date, Closing Date in Dollars in a principal amount not to exceed its Tranche D Initial Term Loan Commitment, (ii) (A) each Extended Multicurrency Facility Revolving Lender severally, and not jointly, agrees to make Dollar Extended Multicurrency Revolving Loans to the Borrower, Borrower in Dollars, Dollars or in any Revolving Alternative Currency at any time and from time to time on or and after the Second Restatement First Amendment Effective Date, and until the earlier of the 2023 Extended Revolving Credit Maturity Date with respect to and the Dollar termination of the Extended Multicurrency Revolving Credit Commitment of such Lender and the termination of the Dollar Extended Multicurrency Facility Revolving Credit Commitment of such Lender in accordance with the terms hereof; provided that, in an aggregate principal amount at after giving effect to any time outstanding that will not result in Borrowing of Extended Multicurrency Revolving Loans, the Outstanding Amount of such Extended Multicurrency Facility Revolving Credit Lender’s Dollar Extended Multicurrency Revolving Credit Exposure exceeding shall not exceed such Extended Multicurrency Facility Revolving Lender’s Dollar Extended Multicurrency Revolving Credit Commitment and (iiiB) each Non-Extended Multicurrency Facility Revolving Lender severally, and not jointly, agrees to make Non-Extended Multicurrency Revolving Loans to the Borrower, Borrower in Dollars or in any Revolving Alternative Currency, Currency at any time and from time to time on or and after the Second Restatement First Amendment Effective Date, and until the earlier of the Initial Revolving Credit Maturity Date with respect to and the termination of the Non-Extended Multicurrency Revolving Credit Commitment of such Lender and the termination of the Non-Extended Multicurrency Facility Revolving Credit Commitment of such Lender in accordance with the terms hereof; provided that, in an aggregate principal amount at after giving effect to any time outstanding that would not result in Borrowing of Non-Extended Multicurrency Revolving Loans, the Outstanding Amount of such Non-Extended Multicurrency Facility Revolving Credit Lender’s Non-Extended Multicurrency Revolving Credit Exposure exceeding shall not exceed such Non-Extended Multicurrency Facility Revolving Lender’s Non-Extended Multicurrency Revolving Credit Commitment and (iii) (A) each Extended Dollar Facility Revolving Lender severally, and not jointly, agrees to make Extended Dollar Revolving Loans to the Borrower in Dollars at any time and from time to time on and after the First Amendment Effective Date, and until the earlier of the 2023 Extended Revolving Credit Maturity Date for such Class and the termination of the Extended Dollar Revolving Credit Commitment of such Extended Dollar Facility Revolving Lender in accordance with the terms hereof; provided that, after giving effect to any Borrowing of Extended Dollar Revolving Loans, the Outstanding Amount of such Extended Dollar Facility Revolving Lender’s Extended Dollar Revolving Credit Exposure shall not exceed such Extended Dollar Facility Revolving Lender’s Extended Dollar Revolving Credit Commitment and (B) each Non-Extended Dollar Facility Revolving Lender severally, and not jointly, agrees to make Non-Extended Dollar Revolving Loans to the Borrower in Dollars at any time and from time to time on and after the First Amendment Effective Date, and until the earlier of the Initial Revolving Credit Maturity Date and the termination of the Non-Extended Dollar Revolving Credit Commitment of such Non-Extended Dollar Facility Revolving Lender in accordance with the terms hereof; provided that, after giving effect to any Borrowing of Non-Extended Dollar Revolving Loans, the Outstanding Amount of such Non-Extended Dollar Facility Revolving Lender’s Non-Extended Dollar Revolving Credit Exposure shall not exceed such Non-Extended Dollar Facility Revolving Lender’s Non-Extended Dollar Revolving Credit Commitment. Within the foregoing limits set forth in the preceding sentence and subject to the terms, conditions and limitations set forth herein, the Borrower may borrow, pay or prepay and reborrow Revolving Loans. Amounts paid or prepaid in respect of the Initial Term Loans made on the Closing Date may not be reborrowed.

Appears in 1 contract

Samples: Credit Agreement (Dragoneer Growth Opportunities Corp.)

Commitments. (a) Subject to the terms and conditions set forth herein, (x) each Dollar Revolving Lender agreesseverally, severally and not jointly, (i) to make a Tranche D Term Loan, in Dollars, to the Borrower on the Second Restatement Date, in a principal amount not to exceed its Tranche D Term Loan Commitment, (ii) agrees to make Dollar Revolving Loans denominated in U.S. Dollars to the Borrower, Revolving Facility Borrowers in Dollars, U.S. Dollars at any time and from time to time on or and after the Second Restatement Closing Date, and until the earlier of the Dollar Revolving Credit Maturity Date with respect to the Dollar Revolving Credit Commitment of such Lender and the termination of the Dollar Revolving Credit Commitment of such Dollar Revolving Lender in accordance with the terms hereofhereof; provided that after giving effect to any Borrowing of Dollar Revolving Loans, in an aggregate principal amount at any time outstanding that will not result in the Outstanding Amount of such Revolving Credit Lender’s Dollar Revolving Credit Exposure exceeding shall not exceed such Lender’s Dollar Revolving Credit Commitment and (iiiy) each Multicurrency Revolving Lender severally, and not jointly, agrees to make Multicurrency Revolving Loans denominated in U.S. Dollars or Alternative Currencies to the Borrower, Revolving Facility Borrowers in U.S. Dollars or any Alternative Currency, Currencies at any time and from time to time on or and after the Second Restatement Closing Date, and until the earlier of the Multicurrency Revolving Credit Maturity Date with respect to the Multicurrency Revolving Credit Commitment of such Lender and the termination of the Multicurrency Revolving Credit Commitment of such Multicurrency Revolving Lender in accordance with the terms hereofhereof; provided that after giving effect to any Borrowing of Multicurrency Revolving Loans, in an aggregate principal amount at any time outstanding that would not result in the Dollar Equivalent of the Outstanding Amount of such Revolving Credit Lender’s Multicurrency Revolving Credit Exposure exceeding shall not exceed the Dollar Equivalent of such Lender’s Multicurrency Revolving Credit Commitment. Within the foregoing limits set forth in the preceding sentence and subject to the terms, conditions and limitations set forth herein, the Borrower Revolving Facility Borrowers may borrow, pay or prepay and reborrow Revolving Loans. Amounts paid Subject to the terms of this Agreement and the Ancillary Documents, an Ancillary Lender may make available an Ancillary Facility to any Revolving Facility Borrower in place of all or prepaid in respect part of Term Loans may not be reborrowedits Multicurrency Revolving Credit Commitment.

Appears in 1 contract

Samples: Credit Agreement (SB/RH Holdings, LLC)

Commitments. (a) Subject to the terms and conditions set forth herein: (a) on the Tenth Incremental Assumption and Amendment Agreement Effective Date, certain Lenders agreed to make 2021 Refinancing Term B-1 Loans in Dollars to the Borrower in an aggregate principal amount equal to $2,778,900,000, 77 Doc#: US1:18059326v3 (b) each Lender agreesagrees to make Revolving Facility Loans of a Class in Dollars (or, severally subject to Section 1.05, in an Alternate Currency) to the Borrower and each applicable Co-Borrower from time to time during the Availability Period in an aggregate principal amount that will not jointly, result in (i) such Xxxxxx’s Revolving Facility Credit Exposure of such Class exceeding such Xxxxxx’s Revolving Facility Commitment of such Class or (ii) the Revolving Facility Credit Exposure of such Class exceeding the total Revolving Facility Commitments of such Class. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrower and each Co-Borrower may borrow, prepay and reborrow Revolving Facility Loans, (c) each Lender having an Incremental Term Loan Commitment agrees, subject to the terms and conditions set forth in the applicable Incremental Assumption Agreement, to make a Tranche D Incremental Term Loan, in Dollars, Loans to the Borrower on after the Second Restatement Ninth Incremental Assumption and Amendment Agreement Effective Date, in a an aggregate principal amount not to exceed its Tranche D Incremental Term Loan Commitment, (iid) each Lender having an Incremental Revolving Facility Commitment agrees, subject to the terms and conditions set forth in the applicable Incremental Assumption Agreement, to make Dollar Incremental Revolving Loans to the Borrower and/or any Co-Borrower, in Dollars, at any time and from time to time on or after the Second Restatement Date, and until the earlier of the Revolving Credit Maturity Date with respect to the Dollar Revolving Credit Commitment of such Lender and the termination of the Dollar Revolving Credit Commitment of such Lender in accordance with the terms hereof, in an aggregate principal amount at any time outstanding that will not result in such to exceed its Incremental Revolving Credit Lender’s Dollar Revolving Credit Exposure exceeding such Lender’s Dollar Revolving Credit Commitment Facility Commitment, and (iiie) to make Multicurrency Revolving Loans to the Borrower, in Dollars amounts borrowed under Section 2.01(a) or any Alternative Currency, at any time and from time to time on or after the Second Restatement Date, and until the earlier of the Revolving Credit Maturity Date with respect to the Multicurrency Revolving Credit Commitment of such Lender and the termination of the Multicurrency Revolving Credit Commitment of such Lender in accordance with the terms hereof, in an aggregate principal amount at any time outstanding (c) that would not result in such Revolving Credit Lender’s Multicurrency Revolving Credit Exposure exceeding such Lender’s Multicurrency Revolving Credit Commitment. Within the limits set forth in the preceding sentence and subject to the terms, conditions and limitations set forth herein, the Borrower may borrow, pay or prepay and reborrow Revolving Loans. Amounts paid are repaid or prepaid in respect of Term Loans may not be reborrowed.. Section 2.02

Appears in 1 contract

Samples: Credit Agreement (ADT Inc.)

Commitments. (a) Subject to the terms and conditions set forth herein, (a) subject to the terms and conditions set forth in the Amendment and Restatement Agreement, each Initial Term Lender agrees, severally and not jointly, (i) agrees to make a Tranche D (or is deemed to make) an Initial Term Loan, Loan denominated in Dollars, dollars to the Borrower on the Second Amendment and Restatement Date, Effective Date in a principal amount not exceeding its Initial Term Commitment and (b) subject to exceed its Tranche D Term Loan Commitmentthe terms and conditions set forth in the Amendment and Restatement Agreement, (ii) each Revolving Lender agrees to make Dollar Revolving Loans denominated in dollars or a Permitted Foreign Currency to the Borrower, in Dollars, at any time and Borrower from time to time on or after the Second Restatement Datetime, and until the earlier of in each case during the Revolving Credit Maturity Date with respect to the Dollar Revolving Credit Commitment of such Lender and the termination of the Dollar Revolving Credit Commitment of such Lender in accordance with the terms hereofAvailability Period, in an aggregate principal amount at any time outstanding that will not result in such Revolving Credit Lender’s Dollar Revolving Credit Exposure exceeding such LenderXxxxxx’s Dollar Revolving Credit Commitment and (iii) to make Multicurrency or the Aggregate Revolving Loans to the Borrower, in Dollars or any Alternative Currency, at any time and from time to time on or after the Second Restatement Date, and until the earlier of the Revolving Credit Maturity Date with respect to the Multicurrency Revolving Credit Commitment of such Lender and the termination of the Multicurrency Revolving Credit Commitment of such Lender in accordance with the terms hereof, in an aggregate principal amount at any time outstanding that would not result in such Revolving Credit Lender’s Multicurrency Revolving Credit Exposure exceeding such Lender’s Multicurrency the Aggregate Revolving Credit Commitment. Initial Term Loans may be ABR Loans or EurocurrencyTerm Benchmark Loans, as further provided herein. Within the foregoing limits set forth in the preceding sentence and subject to the terms, terms and conditions and limitations set forth herein, the Borrower may borrow, pay or prepay and reborrow Revolving Loans. Amounts paid repaid or prepaid in respect of Term Loans may not be reborrowed.

Appears in 1 contract

Samples: Credit Agreement (Resideo Technologies, Inc.)

Commitments. (a) Subject to the terms and conditions set forth herein, each Lender agrees, severally and not jointly, (i) each Initial Revolving Lender holding an Initial Revolving Credit Commitment severally agrees to make a Tranche D Term Loan, in Dollars, to the Borrower on the Second Restatement Date, in a principal amount not to exceed its Tranche D Term Loan Commitment, (ii) to make Dollar Initial Revolving Loans to the Borrower, Borrower in Dollars, at any time and dollars from time to time on or after during the Second Restatement Date, and until the earlier of the Initial Revolving Credit Maturity Date with respect to the Dollar Revolving Credit Commitment of such Lender and the termination of the Dollar Revolving Credit Commitment of such Lender in accordance with the terms hereof, Availability Period in an aggregate principal amount at any time outstanding that will not result in such Initial Revolving Lender’s aggregate Initial Revolving Loans exceeding such Initial Revolving Lender’s Initial Revolving Credit Commitment and (ii) each Extending Lender severally agrees to make Extended Revolving Loans to the Borrower in dollars from time to time during the applicable Revolving Availability Period in an aggregate principal amount that will not result in such Extending Lender’s Dollar aggregate Extended Revolving Credit Exposure Loans exceeding such Extending Lender’s Dollar Extended Revolving Credit Commitment and (iii) each Incremental Revolving Lender severally agrees to make Multicurrency Incremental Revolving Loans to the Borrower, Borrower in Dollars or any Alternative Currency, at any time and dollars from time to time on or after during the Second Restatement Date, and until the earlier of the applicable Revolving Credit Maturity Date with respect to the Multicurrency Revolving Credit Commitment of such Lender and the termination of the Multicurrency Revolving Credit Commitment of such Lender in accordance with the terms hereof, Availability Period in an aggregate principal amount at any time outstanding that would will not result in such Incremental Revolving Lender’s aggregate Incremental Revolving Loans exceeding such Incremental Revolving Lender’s Incremental Revolving Credit Lender’s Multicurrency Commitment; provided, that after giving effect to the making of any Revolving Loans, in no event shall the Total Revolving Credit Exposure exceeding such Lender’s Multicurrency exceed the Revolving Credit CommitmentCommitments then in effect. Within the foregoing limits set forth in the preceding sentence and subject to the terms, terms and conditions and limitations set forth herein, the Borrower may borrow, pay or prepay and reborrow Revolving Loans. Amounts Each Revolving Lender’s Revolving Credit Commitment shall expire on the applicable Revolving Facility Maturity Date, and all Revolving Loans and all other amounts owed hereunder with respect to the Revolving Loans and the Revolving Credit Commitments shall be paid or prepaid in respect of Term Loans may not be reborrowedfull no later than such date.

Appears in 1 contract

Samples: Credit Agreement (LendingTree, Inc.)

Commitments. (a) Subject FACILITY A REVOLVING COMMITMENT. On and after the Closing Date and prior to the Facility A Termination Date, upon the terms and conditions set forth herein, each Lender agrees, severally in this Agreement and not jointly, in reliance upon the representations and warranties of Borrower herein set forth: (i) each Lender severally agrees to make a Tranche D Term Loan, in Dollars, Committed Advances to the Borrower on the Second Restatement Date, in a principal amount not to exceed its Tranche D Term Loan Commitment, (ii) to make Dollar Revolving Loans to the Borrower, in Dollars, at any time and from time to time on or after in amounts not to exceed in the Second Restatement Dateaggregate at any one time outstanding the amount of its Facility A Commitment, and until the earlier of the Revolving Credit Maturity Date with respect (ii) each Lender may, in its sole discretion, make bids to make Competitive Bid Loans to the Dollar Revolving Credit Commitment of such Lender and the termination of the Dollar Revolving Credit Commitment of such Lender Borrower in accordance with Section 2.03; PROVIDED that (A) if any Competitive Bid Loans are outstanding and/or any Facility Letters of Credit are issued and outstanding or drawn and unreimbursed, the terms hereofaggregate availability under the Facility A Commitments of the Lenders shall be reduced by the aggregate amount of such Competitive Bid Loans and of such Facility Letters of Credit for as long as, and to the extent that, they remain outstanding or unreimbursed, and the availability under the Facility A Commitment of each Lender shall accordingly be reduced on a PRO RATA basis in an accordance with its Pro Rata Share, and (B) in no event may the aggregate principal amount at of all outstanding Facility A Advances, Competitive Bid Advances and Swing Line Loans and the aggregate amount of all Facility Letter of Credit Obligations exceed the Aggregate Facility A Commitment; AND PROVIDED FURTHER, HOWEVER, that the outstanding Competitive Bid Advances and Swing Line Loans of any time outstanding that will Lender shall not result in such Revolving Credit Lender’s Dollar Revolving Credit Exposure exceeding reduce the availability under such Lender’s Dollar Revolving Credit Commitment and (iii) to make Multicurrency Revolving Loans 's Facility A Commitment. Subject to the Borrower, in Dollars or any Alternative Currency, at any time and from time to time on or after the Second Restatement Date, and until the earlier terms of the Revolving Credit Maturity Date with respect to the Multicurrency Revolving Credit Commitment of such Lender and the termination of the Multicurrency Revolving Credit Commitment of such Lender in accordance with the terms hereof, in an aggregate principal amount at any time outstanding that would not result in such Revolving Credit Lender’s Multicurrency Revolving Credit Exposure exceeding such Lender’s Multicurrency Revolving Credit Commitment. Within the limits set forth in the preceding sentence and subject to the terms, conditions and limitations set forth hereinthis Agreement, the Borrower may borrow, pay or prepay repay and reborrow Revolving Loansunder Facility A at any time prior to the Facility A Termination Date. Amounts paid or prepaid in respect of Term Loans may not be reborrowedThe Facility A Commitments to lend hereunder shall expire on the Facility A Termination Date.

Appears in 1 contract

Samples: Credit Agreement (Lennar Corp)

Commitments. (a) Subject to the terms and conditions set forth hereinherein and in Amendment No. 2, (i) each Initial Term A Lender agreesseverally, severally and not jointly, (i) agrees to make a Tranche D Term Loan, in Dollars, initial term A loans to the Borrower Borrowers (the proceeds of which may be allocated between the Borrowers) on the Second Restatement Date, Amendment No. 2 Closing Date in Dollars in a principal amount not to exceed its Tranche D Initial Term A Loan Commitment, (ii) each Initial Term B Lender severally, and not jointly, agrees to make Dollar Replacement Term B Loans (as defined in Amendment No. 1) to the Borrowers (the proceeds of which may be allocated between the Borrowers) on the 2018 Replacement Term B Closing Date in Dollars in a principal amount not to exceed its Initial Term B Loan Commitment and (iii) each Initial Revolving Lender severally, and not jointly, agrees to make Initial Revolving Loans to the Borrowers (or any Borrower, ) in Dollars, Dollars or any applicable Alternate Currency at any time and from time to time on or and after the Second Restatement Amendment No. 2 Closing Date, and until the earlier of the Initial Revolving Credit Maturity Date with respect to and the Dollar termination of the Initial Revolving Credit Commitment of such Lender and the termination of the Dollar Initial Revolving Credit Commitment of such Lender in accordance with the terms hereof; provided that, in an aggregate principal amount at after giving effect to any time outstanding that will not result in Borrowing of Initial Revolving Loans, the Outstanding Amount of such Initial Revolving Credit Lender’s Dollar Initial Revolving Credit Exposure exceeding shall not exceed such Initial Revolving Lender’s Dollar Revolving Credit Commitment and (iii) to make Multicurrency Revolving Loans to the Borrower, in Dollars or any Alternative Currency, at any time and from time to time on or after the Second Restatement Date, and until the earlier of the Revolving Credit Maturity Date with respect to the Multicurrency Revolving Credit Commitment of such Lender and the termination of the Multicurrency Revolving Credit Commitment of such Lender in accordance with the terms hereof, in an aggregate principal amount at any time outstanding that would not result in such Revolving Credit Lender’s Multicurrency Revolving Credit Exposure exceeding such Lender’s Multicurrency Initial Revolving Credit Commitment. Within the foregoing limits set forth in the preceding sentence and subject to the terms, conditions and limitations set forth herein, the Borrower Borrowers may borrow, pay or prepay and reborrow re-borrow Revolving Loans. Amounts paid or prepaid in respect of the Term A Loans and Initial Term B Loans may not be reborrowedre-borrowed.

Appears in 1 contract

Samples: Credit Agreement (Syneos Health, Inc.)

Commitments. Subject to the terms and conditions set forth herein and in the Effectiveness Agreement, each Lender agrees (a) Subject to consummate the transactions with respect to Tranche A Term Loans contemplated by the Effectiveness Agreement to be consummated by it on the Effectiveness Date and to hold after giving effect thereto a Tranche A Term Loan to the Company on the Effectiveness Date in a principal amount not exceeding its Tranche A Term Loan Commitment, (b) to make a Tranche B Term Loan to the Company on the Effectiveness Date in a principal amount not exceeding its Tranche B Term Loan Commitment and (c) to consummate the transactions with respect to Revolving Loans contemplated by the Effectiveness Agreement to be consummated by it on the Effectiveness Date and to hold after giving effect thereto Revolving Loans to the Company in an aggregate amount equal to its Applicable Percentage of the Revolving Loans outstanding on the Effectiveness Date and thereafter to make Revolving Loans to the Borrowers from time to time during the Revolving Availability Period in an aggregate principal amount that will not result in (i) such Lender's Revolving Exposure exceeding such Lender's Revolving Commitment or (ii) the sum of the total Revolving Exposures and the Lender LC Exposure exceeding the total Revolving Commitments. Within the foregoing limits and subject to the terms and conditions set forth herein, each Lender agrees, severally and not jointly, (i) to make a Tranche D Term Loan, in Dollars, to the Borrower on the Second Restatement Date, in a principal amount not to exceed its Tranche D Term Loan Commitment, (ii) to make Dollar Revolving Loans to the Borrower, in Dollars, at any time and from time to time on or after the Second Restatement Date, and until the earlier of the Revolving Credit Maturity Date with respect to the Dollar Revolving Credit Commitment of such Lender and the termination of the Dollar Revolving Credit Commitment of such Lender in accordance with the terms hereof, in an aggregate principal amount at any time outstanding that will not result in such Revolving Credit Lender’s Dollar Revolving Credit Exposure exceeding such Lender’s Dollar Revolving Credit Commitment and (iii) to make Multicurrency Revolving Loans to the Borrower, in Dollars or any Alternative Currency, at any time and from time to time on or after the Second Restatement Date, and until the earlier of the Revolving Credit Maturity Date with respect to the Multicurrency Revolving Credit Commitment of such Lender and the termination of the Multicurrency Revolving Credit Commitment of such Lender in accordance with the terms hereof, in an aggregate principal amount at any time outstanding that would not result in such Revolving Credit Lender’s Multicurrency Revolving Credit Exposure exceeding such Lender’s Multicurrency Revolving Credit Commitment. Within the limits set forth in the preceding sentence and subject to the terms, conditions and limitations set forth herein, the Borrower Borrowers may borrow, pay or prepay and reborrow Revolving Loans. Amounts paid or prepaid repaid in respect of Term Loans may not be reborrowed.

Appears in 1 contract

Samples: Credit Agreement (Alliant Techsystems Inc)

Commitments. (a) Subject a)Subject to the terms and conditions set forth hereinherein and in Amendment No. 2, (i) each Initial Term A Lender agreesseverally, severally and not jointly, (i) agrees to make a Tranche D Term Loan, in Dollars, initial term A loans to the Borrower Borrowers (the proceeds of which may be allocated between the Borrowers) on the Second Restatement Date, Amendment No. 2 Closing Date in Dollars in a principal amount not to exceed its Tranche D Initial Term A Loan Commitment, (ii) each Initial Term B Lender severally, and not jointly, agrees to make Dollar Replacement Term B Loans (as defined in Amendment No. 1) to the Borrowers (the proceeds of which may be allocated between the Borrowers) on the 2018 Replacement Term B Closing Date in Dollars in a principal amount not to exceed its Initial Term B Loan Commitment and (iii) each Initial Revolving Lender severally, and not jointly, agrees to make Initial Revolving Loans to the Borrowers (or any Borrower, ) in Dollars, Dollars or any applicable Alternate Currency at any time and from time to time on or and after the Second Restatement Amendment No. 2 Closing Date, and until the earlier of the Initial Revolving Credit Maturity Date with respect to and the Dollar termination of the Initial Revolving Credit Commitment of such Lender and the termination of the Dollar Initial Revolving Credit Commitment of such Lender in accordance with the terms hereof; provided that, in an aggregate principal amount at after giving effect to any time outstanding that will not result in Borrowing of Initial Revolving Loans, the Outstanding Amount of such Initial Revolving Credit Lender’s Dollar Initial 77 Revolving Credit Exposure exceeding shall not exceed such Initial Revolving Lender’s Dollar Revolving Credit Commitment and (iii) to make Multicurrency Revolving Loans to the Borrower, in Dollars or any Alternative Currency, at any time and from time to time on or after the Second Restatement Date, and until the earlier of the Revolving Credit Maturity Date with respect to the Multicurrency Revolving Credit Commitment of such Lender and the termination of the Multicurrency Revolving Credit Commitment of such Lender in accordance with the terms hereof, in an aggregate principal amount at any time outstanding that would not result in such Revolving Credit Lender’s Multicurrency Revolving Credit Exposure exceeding such Lender’s Multicurrency Initial Revolving Credit Commitment. Within the foregoing limits set forth in the preceding sentence and subject to the terms, conditions and limitations set forth herein, the Borrower Borrowers may borrow, pay or prepay and reborrow re-borrow Revolving Loans. Amounts paid or prepaid in respect of the Term A Loans and Initial Term B Loans may not be reborrowedre-borrowed.

Appears in 1 contract

Samples: Credit Agreement (Syneos Health, Inc.)

Commitments. (a) Subject to the terms and conditions set forth hereinhereof, each Lender agrees, severally and not jointly, (i) agrees to make a Tranche D Term Loan, in Dollars, revolving credit loans (“Revolving Credit Loans”) to the Borrower on the Second Restatement Date, in a principal amount not to exceed its Tranche D Term Loan Commitment, (ii) to make Dollar Revolving Loans to the Borrower, in Dollars, at any time and from time to time on or after the Second Restatement Date, and until the earlier of during the Revolving Credit Maturity Date with respect to the Dollar Revolving Credit Commitment of such Lender and the termination of the Dollar Revolving Credit Commitment of such Lender in accordance with the terms hereof, Period in an aggregate principal amount at any one time outstanding which, when added to such Lender’s Applicable Revolving Percentage of the sum of (i) the L/C Obligations then outstanding and (ii) the aggregate amount of the Protective Advances then outstanding, does not exceed the amount of such Lender’s Revolving Credit Commitment; provided that will during the period from the First Availability Date until the Second Availability Date, (A) unless approved by the Administrative Agent, acting in its sole discretion, the Revolving Credit Commitments may only be utilized for the Rollover Letters of Credit and not result for Initial Letters of Credit or Initial Revolving Credit Loans and (B) in addition, the aggregate principal amount of Initial Revolving Credit Loans, Rollover Letters of Credit and Initial Letters of Credit outstanding (any Revolving Credit Loans extended during such period, “Initial Revolving Credit Loans” and any Revolving Credit Loans on the Second Availability Date or thereafter, “Final Revolving Credit Loans”) shall not exceed the Interim Revolving Credit Availability Amount; provided further that no Revolving Credit Loans shall be made if, after giving effect to the making of such Revolving Credit Lender’s Dollar Loans, the Total Revolving Credit Exposure exceeding such Lender’s Dollar would exceed the lesser of (A) the Borrowing Base then in effect and (B) the Total Revolving Credit Commitments. During the Revolving Credit Commitment and (iii) to make Multicurrency Revolving Loans to Period the Borrower, in Dollars or any Alternative Currency, at any time and from time to time on or after the Second Restatement Date, and until the earlier of Borrower may use the Revolving Credit Maturity Date with respect to Commitments by borrowing, prepaying the Multicurrency Revolving Credit Commitment of such Lender Loans in whole or in part, and the termination of the Multicurrency Revolving Credit Commitment of such Lender reborrowing, all in accordance with the terms and conditions hereof, in an aggregate principal amount at any time outstanding that would not result in such . The Revolving Credit Lender’s Multicurrency Loans may from time to time be Eurodollar Loans or Base Rate Loans, as determined by the Borrower and notified to the Administrative Agent in accordance with Sections 2.2 and 2.10, provided that no Revolving Credit Exposure exceeding such Lender’s Multicurrency Revolving Credit Commitment. Within Loan shall be made as a Eurodollar Loan after the limits set forth in the preceding sentence and subject day that is one month prior to the terms, conditions and limitations set forth herein, the Borrower may borrow, pay or prepay and reborrow Revolving Loans. Amounts paid or prepaid in respect of Term Loans may not be reborrowedMaturity Date.

Appears in 1 contract

Samples: Possession Credit Agreement (NBC Acquisition Corp)

Commitments. (a) (i) Subject to the terms and conditions set forth herein, (x) each Dollar Revolving Lender agreesseverally, severally and not jointly, (i) to make a Tranche D Term Loan, in Dollars, to the Borrower on the Second Restatement Date, in a principal amount not to exceed its Tranche D Term Loan Commitment, (ii) agrees to make Dollar Revolving Loans denominated in U.S. Dollars to the Borrower, Revolving Facility Borrowers in Dollars, U.S. Dollars at any time and from time to time on or and after the Second Restatement Closing Date, and until the earlier of the Dollar Revolving Credit Maturity Date with respect to the Dollar Revolving Credit Commitment of such Lender and the termination of the Dollar Revolving Credit Commitment of such Dollar Revolving Lender in accordance with the terms hereofhereof; provided that after giving effect to any Borrowing of Dollar Revolving Loans, in an aggregate principal amount at any time outstanding that will not result in the Outstanding Amount of such Revolving Credit Lender’s Dollar Revolving Credit Exposure exceeding shall not exceed such Lender’s Dollar Revolving Credit Commitment and (iiiy) each Multicurrency Revolving Lender severally, and not jointly, agrees to make Multicurrency Revolving Loans denominated in U.S. Dollars or Alternative Currencies to the Borrower, Revolving Facility Borrowers in U.S. Dollars or any Alternative Currency, Currencies at any time and from time to time on or and after the Second Restatement Closing Date, and until the earlier of the Multicurrency Revolving Credit Maturity Date with respect to the Multicurrency Revolving Credit Commitment of such Lender and the termination of the Multicurrency Revolving Credit Commitment of such Multicurrency Revolving Lender in accordance with the terms hereof, in an aggregate principal amount at hereof; provided that after giving effect to any time outstanding that would not result in such Revolving Credit Lender’s Borrowing of Multicurrency Revolving Credit Exposure exceeding Loans, the Dollar Equivalent of the Outstanding Amount of such Lender’s Multicurrency Revolving Credit Commitment. Within the limits set forth in the preceding sentence and subject to the terms, conditions and limitations set forth herein, the Borrower may borrow, pay or prepay and reborrow Revolving Loans. Amounts paid or prepaid in respect of Term Loans may not be reborrowed.Multicurrency

Appears in 1 contract

Samples: Credit Agreement (SB/RH Holdings, LLC)

Commitments. (a) Subject to the terms and conditions set forth herein, (a) each Term Lender agrees, severally and not jointly, (i) agrees to make a Tranche D Initial Term Loan, in Dollars, Loans to the Borrower on the Second Restatement Date, Closing Date denominated in dollars in a principal amount not to exceed its Tranche D exceeding such Term Loan Lender’s Term Commitment, (iib) each Revolving Lender agrees to make Dollar Revolving Loans to the Borrower, Borrower denominated in Dollars, at any time and dollars from time to time on or after the Second Restatement Date, and until the earlier of during the Revolving Credit Maturity Date with respect to the Dollar Revolving Credit Commitment of such Lender and the termination of the Dollar Revolving Credit Commitment of such Lender in accordance with the terms hereof, Availability Period in an aggregate principal amount at which, after giving effect to any time outstanding that Revolving Borrowing, will not result in (x) such Revolving Credit Lender’s Dollar Revolving Credit Exposure exceeding such Revolving Lender’s Dollar Revolving Credit Commitment at such time or (y) the aggregate Revolving Exposure of all Lenders exceeding the aggregate Revolving Commitments at such time and (iiic) to make Multicurrency Revolving Loans to the Borrower, in Dollars or any Alternative Currency, at any time and from time to time on or after the Second Restatement Date, and until the earlier of the Revolving Credit Maturity Closing Date with respect to the Multicurrency Revolving Credit Commitment of such Lender and the termination of the Multicurrency Revolving Credit Commitment of such Lender in accordance with the terms hereof, in an aggregate principal amount at any time outstanding that would not result in such Revolving Credit Lender’s Multicurrency Revolving Credit Exposure exceeding such Lender’s Multicurrency Revolving Credit Commitment. Within the limits set forth in the preceding sentence and subject to the termsterms and conditions set forth herein and in any Incremental Facility Amendment or Refinancing Amendment providing for, as applicable, the making, exchange, renewal, replacement or refinancing of Term Loans, each Term Lender party thereto severally agrees to, as applicable, make, exchange, renew, replace or refinance Term Loans on the date specified therein in an aggregate amount not to exceed the amount of such Term Lender’s Term Commitment as set forth therein. Within the foregoing limits and subject to the terms and conditions and limitations set forth herein, the Borrower may borrow, pay or prepay and reborrow Revolving Loans. Amounts paid repaid or prepaid in respect of Term Loans may not be reborrowed.. Section 2.02

Appears in 1 contract

Samples: Credit Agreement (Digital Media Solutions, Inc.)

Commitments. (a) Subject to On the terms and subject to the conditions and relying upon the representations and warranties herein set forth hereinforth, each Lender agrees, severally and not jointly, (i) to make a Tranche D Term Loan, in Dollars, Terms Loans to the Borrower (or to purchase Existing Term Loans (as defined in paragraph (b) below) or Assigned Indebtedness that shall thereupon be deemed to constitute Term Loans) on the Second Restatement Date, Closing Date in a an aggregate principal amount not to exceed its Tranche D the Term Loan CommitmentCommitment set forth opposite such Lender's name on Schedule 2.01, and (ii) to make Dollar Revolving Loans to the Borrower, in Dollars, at any time and from time to time on or after the Second Restatement Date, Closing Date and until prior to the earlier of the Revolving Credit Maturity Date with respect to the Dollar Revolving Credit Commitment of such Lender and the termination of the Dollar Revolving Credit Commitment of such Lender in accordance with the terms hereof, in an aggregate principal amount at any time outstanding that will not result in such to exceed (after giving effect to all Revolving Credit Lender’s Dollar Loans repaid, and all reimbursements of LC Disbursements made, concurrently with the making of any Revolving Credit Exposure exceeding such Lender’s Dollar Loans) an amount equal to the difference between (A) the Revolving Credit Commitment and (iii) to make Multicurrency Revolving Loans to set forth opposite such Lender's name on Schedule 2.01, as the Borrower, in Dollars or any Alternative Currency, at any time and same may be reduced from time to time on or after the Second Restatement Datepursuant to Section 2.09, and until the earlier (B) such Lender's Applicable Percentage of the Revolving Credit Maturity Date with respect to sum of (1) the Multicurrency Revolving Credit Commitment of such Lender and the termination of the Multicurrency Revolving Credit Commitment of such Lender in accordance with the terms hereof, in an aggregate principal amount of Swingline Loans outstanding at any such time outstanding that would not result in and (2) the LC Exposure at such Revolving Credit Lender’s Multicurrency Revolving Credit Exposure exceeding such Lender’s Multicurrency Revolving Credit Commitmenttime. Within the limits set forth in clause (ii) of the preceding sentence and subject to the terms, conditions and limitations set forth hereinsentence, the Borrower may borrow, pay or prepay and reborrow Revolving LoansLoans on or after the Closing Date and prior to the Revolving Credit Maturity Date, on the terms and subject to the conditions and limitations set forth herein. Amounts paid or prepaid in respect of Term Loans may not be reborrowed.

Appears in 1 contract

Samples: Credit Agreement (Travelcenters Realty Inc)

Commitments. (a) Subject to On the terms and subject to the conditions set forth hereinherein and in reliance upon the representations and warranties set forth herein and in the other Loan Documents, each Lender agrees, agrees severally and not jointly, jointly to make (i) Tranche A Loans to make a Tranche D Term Loanthe U.S. Borrower, in Dollarsdollars, on the Restatement Date and on up to two additional occasions during the Delayed Draw Availability Period, in an aggregate principal amount for all such Tranche A Loans not to exceed its Tranche A Commitment, (ii) Tranche B Loans to the Borrower U.S. Borrower, in dollars, on the Second Restatement Date, in a an aggregate principal amount not to exceed its Tranche D Term Loan B Commitment, (iiiii) to make Dollar Domestic Revolving Loans to the U.S. Borrower, in Dollarsdollars, at any time and from time to time on or after the Second Restatement Date, Closing Date and until prior the earlier of the Revolving Credit Maturity Date with respect to the Dollar Revolving Credit Commitment of such Lender and the termination of the Dollar Domestic Revolving Credit Commitment of such Lender in accordance with the terms hereof, in an aggregate principal amount at any time outstanding that will not result in such Revolving Credit Lender’s Dollar Domestic Revolving Credit Exposure exceeding such Lender’s Dollar Domestic Revolving Credit Commitment and Commitment, (iiiiv) to make Multicurrency Revolving Loans to the BorrowerU.S. Borrower in dollars, the Canadian Borrower in Dollars dollars or any Alternative CurrencyCanadian Dollars, the Australian Borrower in Australian Dollars, or the Japanese Borrower in Japanese Yen, at any time and from time to time on or after the Second Restatement Date, Closing Date and until prior to the earlier of the Revolving Credit Maturity Date with respect to and the termination of the Multicurrency Revolving Credit Commitment of such Lender in accordance with the terms hereof, in a aggregate principal amount at any time outstanding that will not result in (x) such Lender’s Multicurrency Revolving Credit Exposure exceeding such Lender’s Multicurrency Revolving Credit Commitment, or (y) the Aggregate Multicurrency Revolving Credit Exposure attributable to Loans to, and Letters of Credit issued for the account of, (A) the Australian Borrower and the New Zealand Borrower exceeding the ANZ Sublimit, (B) the Canadian Borrower exceeding the Canadian Sublimit or (C) the Japanese Borrower exceeding the Japanese Sublimit, and (v) U.K. Revolving Loans to the U.S. Borrower in dollars or the U.K. Borrower in Pounds or Euro, at any time and from time to time on or after the Closing Date and prior to the earlier of the Revolving Credit Maturity Date and the termination of the Multicurrency U.K. Revolving Credit Commitment of such Lender in accordance with the terms hereof, in an aggregate principal amount at any time outstanding that would will not result in such Revolving Credit Lender’s Multicurrency U.K. Revolving Credit Exposure exceeding such Lender’s Multicurrency U.K. Revolving Credit Commitment. The Borrowers and the Lenders acknowledge the making of Revolving Loans prior to the Restatement Date under the Existing Credit Agreement and agree that, to the extent outstanding on the Restatement Date, such Revolving Loans shall continue to be outstanding pursuant to the terms and conditions of this Agreement and the other Loan Documents. Within the limits set forth in the preceding first sentence of this Section 2.01(a) and subject to the terms, conditions and limitations set forth herein, the Borrower Borrowers may borrow, pay or prepay and reborrow Revolving Loans. Amounts paid or prepaid in respect of Term Loans may not be reborrowed.

Appears in 1 contract

Samples: Credit Agreement (Cb Richard Ellis Group Inc)

Commitments. (a) Subject to the terms and conditions and relying upon the representations and warranties herein set forth hereinforth, (i) each Core Term Lender agrees, severally and not jointly, (i) to make a Tranche D Initial Core Term Loan, in Dollars, Loans to the Borrower Borrower, which Initial Core Term Loans may be incurred pursuant to a single drawing on or after the Second Restatement Initial Borrowing Date and prior to the Term Loan Commitment Termination Date, in a the principal amount not equal to exceed its Tranche D Core Term Loan CommitmentCommitment on the Closing Date, (ii) each Transition Term Lender agrees, severally and not jointly, to make Dollar Transition Term Loans to the Borrower, which Transition Term Loans may be incurred pursuant to a single drawing on or after the Initial Borrowing Date and prior to the Term Loan Commitment Termination Date, in the principal amount equal to its Transition Term Commitment on the Closing Date and (iii) each Revolving Lender agrees, severally and not jointly, to make Revolving Loans to the Borrower, in Dollars, at any time and from time to time on or after the Second Restatement Date, and Initial Borrowing Date until the earlier of the Revolving Credit Maturity Date with respect to the Dollar Revolving Credit Commitment of such Lender and the termination of the Dollar Revolving Credit Commitment of such Revolving Lender in accordance with the terms hereof, in an aggregate principal amount at any time outstanding that will not result in such Revolving Credit Lender’s Dollar Revolving Credit Exposure exceeding such Revolving Lender’s Dollar Revolving Credit Commitment and (iii) to make Multicurrency Revolving Commitment. Amounts paid or prepaid in respect of Term Loans to the Borrower, in Dollars or any Alternative Currency, at any time and from time to time on or after the Second Restatement Date, and until the earlier of the Revolving Credit Maturity Date with respect to the Multicurrency Revolving Credit Commitment of such Lender and the termination of the Multicurrency Revolving Credit Commitment of such Lender in accordance with the terms hereof, in an aggregate principal amount at any time outstanding that would may not result in such Revolving Credit Lender’s Multicurrency Revolving Credit Exposure exceeding such Lender’s Multicurrency Revolving Credit Commitmentbe reborrowed. Within the limits set forth in clause (iii) of the second preceding sentence and subject to the terms, conditions and limitations set forth herein, the Borrower may borrow, pay or prepay and reborrow Revolving Loans. Amounts paid or prepaid in respect of Term Loans may not be reborrowed.

Appears in 1 contract

Samples: Pledge Agreement (International Seaways, Inc.)

Commitments. (a) Subject to the terms and conditions hereof and relying upon the representations and warranties herein set forth hereinforth, each Lender agrees, severally and not jointly, (i) agrees to make a Tranche D Term Loan, Revolving Credit Loans in Dollars, either Dollars or one or more Optional Currencies to the Borrower on the Second Restatement Date, in a principal amount not to exceed its Tranche D Term Loan Commitment, (ii) to make Dollar Revolving Loans to the Borrower, in Dollars, Borrowers at any time and or from time to time on or after the Second Restatement DateEffective Date to, and until but not including, the earlier of the Revolving Credit Maturity Expiration Date with respect in an aggregate Dollar Equivalent principal amount not to the Dollar Revolving Credit exceed at any one time such Lender's Commitment of minus (i) such Lender and the termination Lender's Ratable Share of the Dollar Equivalent amount of the Letter of Credit Outstandings and (ii) in the case of each Swing Lender, such Swing Lender's Swing Loans outstanding; provided, however, that in no event shall Revolving Credit Commitment Loans (or Sterling Swing Loans) be made to Books Holding prior to the funding of such Lender the Purchase of Books Etc. and its Subsidiaries (including Books Etc. Properties Limited), and thereafter in accordance with no event shall the terms hereof, in an aggregate principal Dollar Equivalent amount at any time outstanding that will not result in such of all Revolving Credit Lender’s Dollar Revolving Credit Exposure exceeding Loans and Sterling Swing Loans made to Books Holding exceed the purchase price payable in cash for Books Etc. and its Subsidiaries (including Books Etc. Properties Limited, and including escrowed and deferred purchase price payments and debt of Books Etc. and its Subsidiaries refinanced in conjunction with or after such Lender’s Dollar Revolving Credit Commitment and (iiiPurchase) to make Multicurrency Revolving Loans to the Borrower, in Dollars or any Alternative Currency, at any time and plus from time to time on or after the Second Restatement Date, and until the earlier funding of the Purchase of Books Etc. and its Subsidiaries (including Books Etc. Properties Limited), an amount equal to the interest payable on the amounts borrowed by Books Holding; provided, further, that after the Subsequent Effective Date in no event shall the Dollar Equivalent amount of all Revolving Credit Maturity Date with respect Loans made to the Multicurrency Revolving Credit Commitment Books Etc. exceed 5% of such Lender and the termination Consolidated Tangible Net Worth (determined as of the Multicurrency Revolving Credit Commitment last day of such Lender in accordance with the terms hereof, in an aggregate principal amount at Fiscal Quarter most recently ended). After giving effect to any time outstanding that would not result in such Revolving Credit Lender’s Multicurrency Loans and any other Loans made on or before the Borrowing Date of such Revolving Credit Exposure exceeding such Lender’s Multicurrency Revolving Credit CommitmentLoans, the aggregate amount of the Total Facility Usage shall not exceed the aggregate amount of the Commitments. Within the such limits set forth in the preceding sentence of time and amount and subject to the terms, conditions and limitations set forth hereinother provisions of this Agreement, the Borrower Borrowers may borrow, pay or prepay repay and reborrow Revolving Loans. Amounts paid or prepaid in respect of Term Loans may not be reborrowedpursuant to this Section 2.01.

Appears in 1 contract

Samples: Credit Agreement (Borders Group Inc)

Commitments. (a) Subject to the terms and conditions set forth herein, (i) each Initial Term A Lender agreesseverally, severally and not jointly, (i) agrees to make a Tranche D Term Loan, in Dollars, initial term A loans to the Borrower Borrowers on the Second Restatement Date, Closing Date in Dollars in a principal amount not to exceed its Tranche D Initial Term A Loan Commitment, (ii) each Initial Term B Lender severally, and not jointly, agrees to make Dollar initial term B loans to the Borrowers on the Closing Date in Dollars in a principal amount not to exceed its Initial Term B Loan Commitment and (iii) each Initial Revolving Lender severally, and not jointly, agrees to make Initial Revolving Loans to the Borrowers (or any Borrower, ) in Dollars, Dollars at any time and from time to time on or and after the Second Restatement Closing Date, and until the earlier of the Initial Revolving Credit Maturity Date with respect to and the Dollar termination of the Initial Revolving Credit Commitment of such Lender and the termination of the Dollar Initial Revolving Credit Commitment of such Lender in accordance with the terms hereof; provided that, in an aggregate principal amount at after giving effect to any time outstanding that will not result in Borrowing of Initial Revolving Loans, the Outstanding Amount of such Initial Revolving Credit Lender’s Dollar Initial Revolving Credit Exposure exceeding shall not exceed such Initial Revolving Lender’s Dollar Revolving Credit Commitment and (iii) to make Multicurrency Revolving Loans to the Borrower, in Dollars or any Alternative Currency, at any time and from time to time on or after the Second Restatement Date, and until the earlier of the Revolving Credit Maturity Date with respect to the Multicurrency Revolving Credit Commitment of such Lender and the termination of the Multicurrency Revolving Credit Commitment of such Lender in accordance with the terms hereof, in an aggregate principal amount at any time outstanding that would not result in such Revolving Credit Lender’s Multicurrency Revolving Credit Exposure exceeding such Lender’s Multicurrency Initial Revolving Credit Commitment. Within the foregoing limits set forth in the preceding sentence and subject to the terms, conditions and limitations set forth herein, the Borrower Borrowers may borrow, pay or prepay and reborrow re-borrow Revolving Loans. Amounts paid or prepaid in respect of the Initial Term Loans may not be reborrowedre-borrowed.

Appears in 1 contract

Samples: First Lien Credit Agreement (Cotiviti Holdings, Inc.)

Commitments. (a) Subject to the terms and conditions set forth herein, (a) each Lender agreeshaving a Tranche A Commitment agrees to make a Tranche A Term Loan in U.S. Dollars to the Borrower on the Closing Date in a principal amount equal to its Tranche A Existing Lender Commitment or Tranche A Funding Commitment, severally as applicable, (b) each Lender having a Tranche B Commitment agrees to make a Tranche B Term Loan in U.S. Dollars to the Borrower on the Closing Date in a principal amount equal to its Tranche B Existing Lender Commitment or Tranche B Funding Commitment, as applicable and not jointly, (c) each Lender having a Revolving Commitment agrees (i) to make a Tranche D Term Loan, in Dollars, to the Borrower on the Second Restatement Date, in a principal amount not to exceed its Tranche D Term Loan Commitment, (ii) to make Dollar Global Revolving Loans to the Borrower, in Dollars, at any time and Borrower from time to time on or after the Second Restatement Date, and until the earlier of during the Revolving Credit Maturity Date with respect to the Dollar Revolving Credit Commitment of such Lender and the termination of the Dollar Revolving Credit Commitment of such Lender Availability Period in accordance with the terms hereof, U.S. Dollars or in any Alternative Currency in an aggregate principal amount at any time outstanding that will not result in such Revolving Credit Lender’s Dollar Global Revolving Credit Exposure exceeding such Lender’s Dollar Global Revolving Credit Commitment and (iiiii) to make Multicurrency U.S. Revolving Loans to the Borrower, in Dollars or any Alternative Currency, at any time and Borrower from time to time on or after the Second Restatement Date, and until the earlier of during the Revolving Credit Maturity Date with respect to the Multicurrency Revolving Credit Commitment of such Lender and the termination of the Multicurrency Revolving Credit Commitment of such Lender Availability Period in accordance with the terms hereof, U.S. Dollars in an aggregate principal amount at any time outstanding that would will not result in such Revolving Credit Lender’s Multicurrency U.S. Revolving Credit Exposure exceeding such Lender’s Multicurrency U.S. Revolving Credit Commitment, provided that no Global Revolving Loan shall be made in an Alternative Currency if, after the making of such Global Revolving Loan, the U.S. Dollar Equivalent of the aggregate principal amount of outstanding Global Revolving Loans denominated in an Alternative Currency would exceed $50,000,000. Within the foregoing limits set forth in the preceding sentence and subject to the terms, terms and conditions and limitations set forth herein, the Borrower may borrow, pay or prepay and reborrow Revolving Loans. Amounts paid repaid or prepaid in respect of Term Loans may not be reborrowed.

Appears in 1 contract

Samples: Credit Agreement (Burger King Worldwide, Inc.)

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