Primary Facility Sample Clauses

Primary Facility. On the terms and subject to the conditions set forth herein, each of the Lenders severally agrees that it shall, from time to time to but not including the Maturity Date, advance its respective Primary Percentage Share of loans (the "Primary Loans" or a "Primary Loan") to the Company in amounts not to exceed in the aggregate at any date outstanding the Aggregate Credit Limit minus the aggregate dollar amount of Swing Loans outstanding on such date (including Swing Loans to be funded on such date but excluding Swing Loans to be repaid on such date).
Sample 1
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Primary Facility. Notwithstanding the satisfaction of all conditions referred to herein with respect to any proposed Borrowing consisting of Eurocurrency Advances denominated in any Foreign Currencies and made under the Primary Facility, if there shall occur on or prior to the date of such Borrowing any change in national or international financial, political or economic conditions or currency exchange rates or exchange controls which would in the reasonable opinion of the US Administrative Agent or the Majority Lenders with respect to the Primary Facility, make it impracticable for such Borrowing to be denominated in the Agreed Currency designated by the Borrower, then the US Administrative Agent shall forthwith give notice thereof to the Borrower and the Primary Lenders, and such Advances shall not thereafter be denominated and funded in such Agreed Currency but shall, except as otherwise set forth in Article II, be made on such date in Dollars, in an aggregate principal amount equal to the Dollar Amount of the aggregate principal amount specified in the related Notice of Borrowing, as the case may be, as Primary Prime Rate Advances to the Borrower, unless the Borrower notifies the US Administrative Agent at least one Business Day before such date that (i) it elects not to borrow on such date or (ii) it elects to borrow on such date in a different Agreed Currency, as the case may be, in which the denomination of such Advances would in the opinion of the US Administrative Agent and the Majority Lenders with respect to the Primary Facility be practicable and in an aggregate principal amount equal to the Dollar Amount of the aggregate principal amount specified in the related Notice of Borrowing, as the case may be.
Sample 1
Primary Facility. On the terms and subject to the conditions set forth herein, each of the Lenders severally agrees that it shall, from time to time to but not including the Revolving Facility Maturity Date, advance its respective Primary Percentage Share of loans (the “Primary Loans” or a “Primary Loan”) to the Company in amounts not to exceed in the aggregate at any date outstanding the Aggregate Credit Limit minus the sum of: (i) the aggregate dollar amount of Swing Loans outstanding on such date, plus (ii) the aggregate dollar amount of Within Commitment Negotiated Loans outstanding on such date. In calculating the availability of Primary Loans on any date, Loans outstanding, including, without limitation, Swing Loans and Within Commitment Negotiated Loans, shall include all Loans to be funded on such date and shall exclude Loans which will be repaid on such date.
Sample 1
Primary Facility. On the terms and subject to the conditions set forth herein, each of the Lenders ---------------- severally agrees that it shall, from time to time to but not including the Revolving Facility Maturity Date (as that term and capitalized terms used herein are defined in, or the location of the definitions of such terms referenced in, the Glossary attached hereto as Annex I), advance its respective Primary Percentage Share of loans (the "Primary Loans" or a "Primary Loan") to the Company in amounts not to exceed in the aggregate at any date outstanding the Aggregate Credit Limit minus the aggregate dollar amount of Swing Loans outstanding on such date (including Swing Loans to be funded on such date but excluding Swing Loans to be repaid on such date).
Sample 1
Primary Facility. Subject to the terms and conditions hereof, during the Term of this Agreement, each Lender hereby severally agrees to make such loans (each, individually, a "Revolving Credit Loan" and collectively with the Loans under Section 3.1(b) below, the "Revolving Credit Loans"), to the Borrower as the Borrower may from time to time request pursuant to Section 3.3(a). Subject to the terms and conditions hereof, during the Term of this Agreement, the Alternate Currency Bank hereby agrees to make Alternate Currency Loans to the Alternate Currency Borrowers pursuant to the applicable Alternate Currency Addenda as the applicable Alternate Currency Borrower may from time to time request pursuant to Section 3.19 and the Applicable Currency Addenda. The aggregate principal amount of Revolving Credit Loans which Lenders, cumulatively, shall be required to have outstanding under this Section 3.1(a) at any one time, plus such Lenders' respective obligations (i) under Section 3.18 to purchase pro rata interests in the outstanding principal amount of the Swing Loans then outstanding under Section 3.2, (ii) to purchase participations under Section 3.19(e) in the Dollar Amounts of Alternate Currency Loans then outstanding pursuant to Section 3.19, and (iii) to purchase participations under Section 3.4(d) in the undrawn face amount of Letters of Credit issued by Administrative Agent and then outstanding under Section 3.4, shall not, other than as a result of currency exchange rate fluctuations, exceed Three Hundred Million Dollars ($300,000,000.00). The amount each Lender shall be required to have outstanding hereunder as Revolving Credit Loans plus its undivided Pro Rata Share of each Swing Loan made by Mercantile under Section 3.2 plus its undivided Pro Rata Share participation interest in each Letter of Credit issued by Administrative Agent under Section 3.4, plus its undivided Pro Rata Share of each Alternate Currency Loan made pursuant to Section 3.19, shall not, other than as a result of currency exchange rate fluctuations, exceed, in the aggregate at any one time outstanding, the amount of such Lender's Revolving Credit Commitment. Each Revolving Credit Loan under this Section 3.1(a) shall be made by the Lenders ratably in proportion to their respective Revolving Credit Commitments. Subject to the terms and conditions of this Agreement, the Borrower may borrow, repay and reborrow the amounts available under this Section 3.1(a).
Sample 1
Primary Facility. So long as no Unmatured Event ---------------- of Default or Event of Default has occurred hereunder and subject to the terms and conditions of this Agreement, Bank agrees to make Primary Facility Loans to Borrower from the Closing Date to but not including the Primary Maturity Date, at such times and in such amounts as Borrower may request, which amounts may be borrowed, repaid and reborrowed subject to the lim itations set forth herein; provided, however, ----------------- that the aggregate principal amount of the obligations outstanding at any time including, without limitation, the Primary Facility Loans and Term Facility Loans made and requested to be made by Bank shall not exceed the sum of $35,000,000.00 on or before January 2, 1999 and thereafter shall not exceed $25,000,000.00. On or before Jan uary 2, 1999 an amount ("Reduction Amount") equal to the outstanding Loans less an amount equal to $25,000,000.00 shall be paid in full. No portion of the Reduction Amount shall bear interest at a LIBOR Rate for an Interest Period which extends beyond January 2, 1999. Notwithstanding anything to the contrary contained in this Agreement, no Primary Facility Loan bearing interest at a LIBOR Rate may be repaid or reborrowed until the expiration of the applicable Interest Period with respect thereto. Except as otherwise provided in Section 2.7 below, on the Primary Maturity Date, all of the Primary Facility Loans shall be immediately due and payable. If, at any time or for any reason, the aggregate principal balance of the Primary Facility Loans exceeds the above limitation (an "Over Advance"), Borrower shall immedi- ately pay to Bank, in immediately available funds, the amount of such Over Advance.
Sample 1
Primary Facility. The Administrative Agent shall have received evidence satisfactory to it that all terms and conditions to the effectiveness of the Primary Facility have been satisfied.
Sample 1
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Related to Primary Facility

  • Ancillary Facilities amend the Credit Agreement to provide for an ability to incur bilateral ancillary lines with a Lender (with the consent of that Lender) as a carve-out to the Revolving Facility Commitments.

  • Discretionary Facility It is acknowledged and agreed by each Borrower that each Lender has no obligation to make any Loan hereunder unless it has issued Lending Instructions, and that the decision whether or not to issue Lending Instructions under this Master Agreement is within the sole and exclusive discretion of each Lender. It is acknowledged and agreed by each Lender that no Borrower is obligated to borrow money hereunder unless it has issued Borrowing Instructions.

  • Terms of Ancillary Facilities (a) Except as provided below, the terms of any Ancillary Facility will be those agreed by the Ancillary Lender and the Company.

  • Advance Facility (a) The Master Servicer is hereby authorized to enter into a financing or other facility (any such arrangement, an "Advance Facility") under which (1) the Master Servicer sells, assigns or pledges to another Person (an "Advancing Person") the Master Servicer's rights under this Agreement to be reimbursed for any Advances or Servicing Advances and/or (2) an Advancing Person agrees to fund some or all Advances and/or Servicing Advances required to be made by the Master Servicer pursuant to this Agreement. No consent of the Depositor, the Trustee, the Certificateholders or any other party shall be required before the Master Servicer may enter into an Advance Facility. Notwithstanding the existence of any Advance Facility under which an Advancing Person agrees to fund Advances and/or Servicing Advances on the Master Servicer's behalf, the Master Servicer shall remain obligated pursuant to this Agreement to make Advances and Servicing Advances pursuant to and as required by this Agreement. If the Master Servicer enters into an Advance Facility, and for so long as an Advancing Person remains entitled to receive reimbursement for any Advances including Nonrecoverable Advances ("Advance Reimbursement Amounts") and/or Servicing Advances including Nonrecoverable Advances ("Servicing Advance Reimbursement Amounts" and together with Advance Reimbursement Amounts, "Reimbursement Amounts") (in each case to the extent such type of Reimbursement Amount is included in the Advance Facility), as applicable, pursuant to this Agreement, then the Master Servicer shall identify such Reimbursement Amounts consistent with the reimbursement rights set forth in Section 3.10(a)(ii) and (vii) and remit such Reimbursement Amounts in accordance with this Section 3.22 or otherwise in accordance with the documentation establishing the Advance Facility to such Advancing Person or to a trustee, agent or custodian (an "Advance Facility Trustee") designated by such Advancing Person in an Advance Facility Notice described below in Section 3.22(b). Notwithstanding the foregoing, if so required pursuant to the terms of the Advance Facility, the Master Servicer may direct, and if so directed in writing the Trustee is hereby authorized to and shall pay to the Advance Facility Trustee the Reimbursement Amounts identified pursuant to the preceding sentence. An Advancing Person whose obligations hereunder are limited to the funding of Advances and/or Servicing Advances shall not be required to meet the qualifications of a Master Servicer or a Subservicer pursuant to Section 3.02(a) or 6.02(c) hereof and shall not be deemed to be a Subservicer under this Agreement. Notwithstanding anything to the contrary herein, in no event shall Advance Reimbursement Amounts or Servicing Advance Reimbursement Amounts be included in the Available Distribution Amount or distributed to Certificateholders.

  • Facility Prudential is willing to consider, in its sole discretion and within limits which may be authorized for purchase by Prudential Affiliates from time to time, the purchase of Shelf Notes pursuant to this Agreement. The willingness of Prudential to consider such purchase of Shelf Notes is herein called the “Facility”. At any time, the aggregate principal amount of Shelf Notes stated in Section 1.2, minus the aggregate principal amount of Shelf Notes purchased and sold pursuant to this Agreement prior to such time, minus the aggregate principal amount of Accepted Notes (as hereinafter defined) which have not yet been purchased and sold hereunder prior to such time, is herein called the “Available Facility Amount” at such time. NOTWITHSTANDING THE WILLINGNESS OF PRUDENTIAL TO CONSIDER PURCHASES OF SHELF NOTES BY PRUDENTIAL AFFILIATES, THIS AGREEMENT IS ENTERED INTO ON THE EXPRESS UNDERSTANDING THAT NEITHER PRUDENTIAL NOR ANY PRUDENTIAL AFFILIATE SHALL BE OBLIGATED TO MAKE OR ACCEPT OFFERS TO PURCHASE SHELF NOTES, OR TO QUOTE RATES, SPREADS OR OTHER TERMS WITH RESPECT TO SPECIFIC PURCHASES OF SHELF NOTES, AND THE FACILITY SHALL IN NO WAY BE CONSTRUED AS A COMMITMENT BY PRUDENTIAL OR ANY PRUDENTIAL AFFILIATE.

  • Liquidity Facilities On the Initial Closing Date, the Issuer shall establish the Initial Liquidity Facility and thereafter, the Issuer may enter, from time to time, into one or more additional Liquidity Facility Agreements (each, an “Additional Liquidity Facility”) by entering into transaction documentation (the “Liquidity Facility Documents”) with one or more Additional Liquidity Facility Providers. The following conditions must be satisfied before the Issuer may establish an Additional Liquidity Facility:

  • DTC Facility The Company shall cooperate with Manager and use its reasonable efforts to permit the Shares to be eligible for clearance and settlement through the facilities of DTC.

  • Liquidity Facility Payments of interest on the Series 2000-1C Certificates will be supported by a Liquidity Facility to be provided by the Liquidity Provider for the benefit of the Applicable Certificateholders.

  • Overdraft Facility In the event that the Custodian is directed by Proper Instructions to make any payment or transfer of funds on behalf of the Fund for which there would be, at the close of business on the date of such payment or transfer, insufficient funds held by the Custodian on behalf of the Fund, the Custodian may, in its sole discretion, provide an overdraft (an "Overdraft") to the Fund in an amount sufficient to allow the completion of such payment. Any Overdraft provided hereunder: (a) shall be payable on the next business day, unless otherwise agreed by the Fund and the Custodian; and (b) shall accrue interest from the date of the Overdraft to the date of payment in full by the Fund at a rate agreed upon in writing, from time to time, by the Custodian and the Fund. The purpose of such Overdrafts is to temporarily finance extraordinary or emergency expenses not reasonably foreseeable by the Fund. The Custodian shall promptly notify the Fund in writing ("Overdraft Notice") of any Overdraft by facsimile transmission or in such other manner as the Fund and the Custodian may agree in writing. The Custodian shall have a right of set-off against all Assets (except for Assets held in a segregated margin account or otherwise pledged in connection with options or futures contracts held for the benefit of the Fund and for Assets allocated to any other Overdraft or loan made hereunder); provided, however, the Custodian shall promptly notify the Fund in writing of any intent to exercise a right of set-off against Assets hereunder and shall not exercise any such right of set-off against Assets hereunder unless and until the Fund has failed to pay (within ten (10) days after the Fund's receipt of such notice of intent to exercise a right of set-off), any Overdraft, together with all accrued interest thereon. Notwithstanding the provisions of any applicable law, including, without limitation, the Uniform Commercial Code, the only rights or remedies which the Custodian is entitled to with respect to Overdrafts is the right of set-off granted herein.

  • Office Facilities During the Employment Period, the Company will furnish Executive, without charge, suitable office facilities for the purpose of performing his duties hereunder, which facilities shall include secretarial, telephone, clerical and support personnel and services and shall be similar to those furnished to employees of the Company having comparable positions.

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