Existing Banks Sample Clauses

Existing Banks. Subject to the limitations contained in Section 2.10.3, the Borrower, after the Closing Date, may make one (1) request for an increase in the Revolving Credit Commitments of the Banks by sending a notice thereof to all of the Banks and the Agent. Such notice shall specify the total amount of increase requested by the Borrower (the "Requested Increase") ------------------ which amount shall be at least $25,000,000 and shall not exceed the amount permitted in Section 2.10.3 below.
Sample 1
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Existing Banks. Each of Bank of America, N.A., in its individual capacity, and LaSalle Bank National Association (each, an “Existing Bank”) represents and warrants to each New Bank (and not to any other Person) that (a) immediately prior to the effectiveness hereof, it is the legal and beneficial owner of 75% and 25%, respectively, of the outstanding Loans under the Loan Agreement, free and clear of any Lien; (b) immediately after giving effect to the effectiveness hereof (assuming that each New Bank performs its obligations hereunder), the amount of its Loan and its Percentage shall be as set forth on Schedule 2.1; and (c) it has full power and authority, and has taken all action necessary, to execute and deliver this Amendment and to consummate the transactions contemplated hereby (including the reallocation of the Loans as contemplated herein). Each New Bank represents and warrants to each Existing Bank that (i) it has received a copy of the Loan Agreement, together with copies of such other documents and information as it has deemed appropriate to make its own credit analysis and decision to enter into this Amendment; (ii) it has made such analysis and decision independently and without reliance on the Administrative Agent, any Existing Bank or any other New Bank; and (iii) it will perform in accordance with their terms all of its obligations under the Loan Agreement. Each New Bank acknowledges and agrees that all interest accrued prior to the Amendment Effective Date is for the account of the Existing Banks.
Sample 1
Existing Banks. The Commitment of each Existing Bank is reduced to the amount shown in Schedule 1 of the Facility Agreement (as varied by this deed) with effect on and from the Substitution Date. Each Existing Bank is released from its obligations in relation to the Commitment which it no longer has with effect on and from the Substitution Date. Each Existing Bank shall, however, remain bound by its obligations and responsibilities under the Transaction Documents which accrue prior to the Substitution Date.
Sample 1
Existing Banks. See Preamble.
Sample 1
Existing Banks. All Domestic Revolving Credit Banks (other than USTrust) which were party to the January 1998 Credit Agreement shall be Domestic Revolving Credit Banks hereunder and shall maintain their prior revolving credit commitment levels hereunder.
Sample 1
Existing Banks. 25 2.10.2 New Banks. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 2.10.3 Limitations on Increases. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 2.11 Reduction of Commitments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
Sample 1
Existing Banks. After receiving such notice of a Requested Increase from the Borrower, each Bank shall have the right, at its sole option, either (1) to offer (which offer may be accepted by the Borrower as provided herein) to increase its Commitment in an amount equal to its Ratable Share of the Requested Increase or to (2) decline to increase its Commitment and shall respond in writing to Borrower's notice (with a copy simultaneously sent to the Administrative Agent), within twenty-one (21) days after receiving such notice stating which of these two alternatives (i.e., increase or decline to increase) it elects. The failure of any Bank to respond to any notice of a Requested Increase shall be deemed notice by such Bank that it has declined such Requested Increase. (Any Bank that offers to increase its Commitment shall be called an "Increasing Bank" and the amount of such increase shall be referred to as the "Offered Amount".) If every Bank offers to increase its Commitment, the Commitments shall be increased on the Effective Date pursuant to an amendment or other confirmation to be signed by the Loan Parties and the Banks as the Agent may request. If one or more Banks declines to increase its Commitment (or does not respond to the Borrower's notice within the time period specified above), the Borrower shall within ten (10) days after receiving all of the responses from the Banks either (1) accept the offers from the Increasing Banks and elect not to request any additional offers from either the Banks or any new Bank, or (2) offer the difference between the Requested Increase and the total of the Offered Amounts (the "Unfulfilled Portion") to the Increasing Banks by delivering to each Increasing Bank a notice thereof in writing with a copy to the Administrative Agent and following the procedures in Section 2.12.2 [Second Request From Existing Banks] (in which case the offers made by the Increasing Banks shall continue to be in effect until the Borrower completes the procedures set forth in such Section 2.12.2).
Sample 1
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Existing Banks. As defined in the preamble hereto.
Sample 1
Existing Banks 
Sample 1

Related to Existing Banks

  • Exiting Lenders (a) Each Person executing this Amendment under the heading “Exiting Lenders” on the signature pages hereto, in its capacity as a lender under the Existing Credit Agreement (each, an “Exiting Lender”), is signing this Amendment for the purposes of amending the Existing Credit Agreement as contemplated by Section 1 and assigning its revolving commitment and/or the outstanding portion of the term A loan it holds under the Existing Credit Agreement on the Second Amendment Effective Date to one or more Lenders under the Amended Credit Agreement as described in the following sentence. Upon giving effect to this Amendment, (i) each Exiting Lender’s portion of the term A loan outstanding under the Existing Credit Agreement shall be fully assigned at par to one or more Lenders under the Amended Credit Agreement, and each Exiting Lender’s revolving commitment under the Existing Credit Agreement shall be fully assigned to one or more Lenders under the Amended Credit Agreement, in each case so that, after giving effect to such assignments, the Lenders under the Amended Credit Agreement shall have Commitments and Applicable Percentages as set forth on Schedule 1.01(b) attached hereto, (ii) no Exiting Lender shall be a Lender under the Amended Credit Agreement, (iii) no Exiting Lender shall have any rights, obligations or duties as a lender under CHAR1\1892749v6 the Amended Credit Agreement or any other Loan Document, except for any right, obligation or duty which by the express terms of the Existing Credit Agreement or any other Loan Document would survive termination of the Existing Credit Agreement or such other Loan Document, and (iv) the Loan Parties shall have no obligations or liabilities to any Exiting Lender, except for obligations or liabilities which by the express terms of the Existing Credit Agreement or any other Loan Document would survive termination of the Existing Credit Agreement or such other Loan Document.

  • Increasing Lenders and New Lenders The Borrower may, prior to the Expiration Date, request that (1) the current Lenders (each, a “Current Lender”) increase their Revolving Credit Commitments (any Current Lender which elects to increase its Revolving Credit Commitment shall be referred to as an “Increasing Lender”) and/or (2) one or more new lenders (each, a “New Lender”) join this Agreement and provide a Revolving Credit Commitment hereunder, subject to the following terms and conditions:

  • New Lenders (a) Each New Lender (a) represents and warrants that (i) it has full power and authority, and has taken all action necessary, to execute and deliver this Incremental Joinder Agreement and to consummate the transactions contemplated hereby and to become a Lender under the Credit Agreement, (ii) it meets the requirements to be an assignee under Section 11.06(b)(v) of the Credit Agreement, (iii) it has received a copy of the Credit Agreement, and has received or has been accorded the opportunity to receive copies of the most recent financial statements delivered pursuant to Section 6.01 thereof, as applicable, and such other documents and information as it deems appropriate to make its own credit analysis and decision to enter into this Incremental Joinder Agreement, (iv) it has, independently and without reliance upon the Administrative Agent or any other Lender and based on such documents and information as it has deemed appropriate, made its own credit analysis and decision to enter into this Incremental Joinder Agreement, (v) if it is a Foreign Lender, attached hereto is any documentation required to be delivered by it pursuant to the terms of the Credit Agreement, duly completed and executed by such New Lender, and (vi) such New Lender is not and will not be (A) an employee benefit plan subject to Title I of ERISA, (B) a plan or account subject to Section 4975 of the Internal Revenue Code, (C) an entity deemed to hold “plan assets” of any such plans or accounts for purposes of ERISA or the Internal Revenue Code, or (D) a “governmental plan” within the meaning of ERISA.; and (b) agrees that (i) it will, independently and without reliance on the Administrative Agent or any other Lender, and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit decisions in taking or not taking action under the Loan Documents, and (ii) it will perform in accordance with their terms all of the obligations which by the terms of the Loan Documents are required to be performed by it as a Lender.

  • Commitment of the Lenders (a) Each Lender, severally and not jointly with any other Lender, agrees, upon the terms and subject to the conditions herein set forth, to make Credit Extensions to or for the benefit of the Borrowers, on a revolving basis, subject in each case to the following limitations:

  • Increasing Lenders Each Increasing Lender shall confirm its agreement to increase its Revolving Credit Commitment pursuant to an acknowledgement in a form acceptable to the Administrative Agent, signed by it and the Borrower and delivered to the Administrative Agent at least five (5) days before the effective date of such increase.

  • LENDERS KeyBank, the other lending institutions which are party hereto and any other Person which becomes an assignee of any rights of a Lender pursuant to §18 (but not including any participant as described in §18). The Issuing Lender shall be a Lender, as applicable. The Swing Loan Lender shall be a Lender.

  • Consenting Lenders The undersigned Lender hereby irrevocably and unconditionally approves the Amendment and consents to the certain amendments set forth therein. CIFC Funding 2012-II, Ltd. as a Lender (type name of the legal entity) By: CIFC Asset Management LLC, its Collateral Manager By: /s/ Xxxxxxxxx Xxxxx Name: Xxxxxxxxx Xxxxx Title: Authorized Signatory

  • Commitments and Credit Extensions 2.01 Revolving and Term Loans

  • Additional Lenders Each of the Lenders party hereto that were not “Lenders” under the Existing Credit Agreement (each an “Additional Lender”, and collectively, the “Additional Lenders”) hereby extends to the Borrowers, upon the effectiveness of this Agreement, such Additional Lender’s Commitment in the amount designated for such Additional Lender as set forth on Schedule 2.01, such Commitment being made on a several, and not joint and several, basis and subject to the terms and conditions set forth in this Agreement. Each Additional Lender agrees that, upon the effectiveness of this Agreement, such Additional Lender will be a Lender for all purposes of this Agreement and the other Loan Documents, and such Additional Lender will promptly perform in accordance with the terms thereof all obligations and requirements which are required to be performed by a Lender under this Agreement and the other Loan Documents. Each Additional Lender represents and warrants that (i) it has full power and authority, and has taken all action necessary, to execute and deliver this Agreement and to consummate the transactions contemplated hereby and to become a Lender under this Agreement, (ii) from and after the Restatement Effective Date, it shall be bound by the provisions of this Agreement as a Lender hereunder and shall have the obligations of a Lender hereunder, (iii) it has received a copy of this Agreement, and has received or has been accorded the opportunity to receive copies of the Audited Financial Statements and such other documents and information as it deems appropriate to make its own credit analysis and decision to enter into this Agreement, and (iv) it has, independently and without reliance upon the Administrative Agent or any other Lender and based on such documents and information as it has deemed appropriate, made its own credit analysis and decision to enter into this Agreement and to extend its Commitment to the Borrowers pursuant to the terms of this Agreement. Each Additional Lender agrees that it will, independently and without reliance on the Administrative Agent or any other Lender, and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit decisions in taking or not taking action under the Loan Documents. Each Additional Lender has submitted to the Administrative Agent an Administrative Questionnaire duly completed by such Additional Lender to be used and relied upon by the Administrative Agent for all purposes of this Agreement.

  • Issuing Bank Agreements Each Issuing Bank agrees that, unless otherwise requested by the Administrative Agent, such Issuing Bank shall report in writing to the Administrative Agent (i) on the first Business Day of each week, the daily activity (set forth by day) in respect of Letters of Credit during the immediately preceding week, including all issuances, extensions, amendments and renewals, all expirations and cancellations and all disbursements and reimbursements, (ii) on or prior to each Business Day on which such Issuing Bank expects to issue, amend, renew or extend any Letter of Credit, the date of such issuance, amendment, renewal or extension, and the aggregate face amount of the Letters of Credit to be issued, amended, renewed or extended by it and outstanding after giving effect to such issuance, amendment, renewal or extension occurred (and whether the amount thereof changed), it being understood that such Issuing Bank shall not permit any issuance, renewal, extension or amendment resulting in an increase in the amount of any Letter of Credit to occur without first obtaining written confirmation from the Administrative Agent that it is then permitted under this Agreement, (iii) on each Business Day on which such Issuing Bank makes any LC Disbursement, the date of such LC Disbursement and the amount of such LC Disbursement, (iv) on any Business Day on which any Borrower fails to reimburse an LC Disbursement required to be reimbursed to such Issuing Bank on such day, the date of such failure and the amount and currency of such LC Disbursement and (v) on any other Business Day, such other information as the Administrative Agent shall reasonably request.

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