Common use of Protective Advances Clause in Contracts

Protective Advances. Agent shall be authorized, in its sole discretion, at any time that any conditions in Section 6 are not satisfied, to make Base Rate Revolver Loans (a) up to an aggregate amount not to exceed at any time the lesser of (i) the aggregate Revolver Commitments, and (ii) the outstanding amount of $15,000,000, if Agent deems such Revolver Loans necessary or desirable to preserve or protect Collateral, or to enhance the collectability or repayment of Obligations; or (b) to pay any other amounts chargeable to Obligors under any Loan Documents, including costs, fees and expenses (such Revolver Loans are referred to herein as “Protective Advances”). Each Lender shall participate in each Protective Advance on a Pro Rata basis. Required Lenders may at any time revoke Agent’s authority to make further Protective Advances by written notice to Agent. Absent such revocation, Agent’s determination that funding of a Protective Advance is appropriate shall be conclusive.

Appears in 5 contracts

Samples: Loan Agreement (Conns Inc), Loan Agreement (Conns Inc), Loan and Security Agreement (Conns Inc)

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Protective Advances. Agent shall be authorized, in its sole discretion, at any time that any conditions in Section 6 are not satisfied, and without regard to the aggregate Commitments, to make Base Rate Revolver Loans (“Protective Advances”) (a) up to an aggregate amount not to exceed at any time the lesser of (i) 10% of the aggregate Revolver Commitments, and (ii) the Commitments outstanding amount of $15,000,000at any time, if Agent deems such Revolver Loans necessary or desirable to preserve or protect Collateral, or to enhance the collectability collectibility or repayment of Obligations; or (b) to pay any other amounts chargeable to Obligors under any Loan Documents, including costs, fees and expenses (such Revolver Loans are referred to herein as “Protective Advances”)expenses. Each Lender shall participate in each Protective Advance on a Pro Rata basis. Required Lenders may at any time revoke Agent’s authority to make further Protective Advances by written notice to Agent. Absent such revocation, Agent’s determination that funding of a Protective Advance is appropriate shall be conclusive.

Appears in 3 contracts

Samples: Loan and Security Agreement (Headwaters Inc), Loan and Security Agreement (Headwaters Inc), Loan and Security Agreement (Headwaters Inc)

Protective Advances. Agent shall be authorized, in its sole discretion, at any time that any conditions in Section 6 6.2 are not satisfied, to make Base Rate Revolver Loans (“Protective Advances”) (a) up to an aggregate outstanding amount not to exceed at any time the lesser of (i) 10% of the aggregate Revolver Commitments, and (ii) the outstanding amount of $15,000,000, if Agent deems such Revolver Loans necessary or desirable to preserve or protect Collateral, or to enhance the collectability or repayment of Obligations, as long as such Loans do not cause Revolver Usage to exceed the aggregate Revolver Commitments; or (b) to pay any other amounts chargeable to Obligors under any Loan Documents, including interest, costs, fees and expenses (such Revolver Loans are referred to herein as “Protective Advances”)expenses. Each Lender Lenders shall participate in each Protective Advance on a Pro Rata basisbasis in Protective Advances outstanding from time to time. Required Lenders may at any time revoke Agent’s authority to make further Protective Advances under clause (a) by written notice to Agent. Absent such revocation, Agent’s determination that funding of a Protective Advance is appropriate shall be conclusive.

Appears in 3 contracts

Samples: Loan, Security and Guaranty Agreement (Quintana Energy Services Inc.), Loan, Security and Guaranty Agreement (Quintana Energy Services Inc.), Loan, Security and Guaranty Agreement (Quintana Energy Services Inc.)

Protective Advances. Agent shall be authorized, in its sole discretion, at any time that any conditions in Section 6 are not satisfied, to make Base Rate Revolver Loans (“Protective Advances”) (a) up to an aggregate amount not to exceed of $2,500,000 outstanding at any time the lesser of (i) the aggregate Revolver Commitments, and (ii) the outstanding amount of $15,000,000time, if Agent deems such Revolver Loans necessary or desirable to preserve or protect Collateral, or to enhance the collectability collectibility or repayment of Obligations; or (b) to pay any other amounts chargeable to Obligors under any Loan Documents, including costs, fees and expenses (such expenses; provided that, the aggregate amount of outstanding Protective Advances plus the outstanding Revolver Loans are referred to herein as “Protective Advances”)and LC Obligations shall not exceed the aggregate Revolving Commitments. Each Lender shall participate in each Protective Advance on a Pro Rata basis. Required Lenders may at any time revoke Agent’s authority to make further Protective Advances by written notice to Agent. Absent such revocation, Agent’s determination that funding of a Protective Advance is appropriate shall be conclusive.

Appears in 2 contracts

Samples: Loan and Security Agreement (Olympic Steel Inc), Loan and Security Agreement (Olympic Steel Inc)

Protective Advances. Agent shall be authorized, in its sole discretion, at any time that any conditions in Section 6 are not satisfied, to make Base Rate Revolver Loans (“Protective Advances”) (a) up to an aggregate amount not to exceed of $10,000,000 outstanding at any time the lesser of (i) the aggregate Revolver Commitments, and (ii) the outstanding amount of $15,000,000time, if Agent deems such Revolver Loans necessary or desirable to preserve or protect Collateral, or to enhance the collectability or repayment of Obligations, as long as such Loans do not cause Revolver Usage to exceed the aggregate Revolver Commitments; or (b) to pay any other amounts chargeable to Obligors under any Loan Documents, including interest, costs, fees and expenses (such Revolver Loans are referred to herein as “Protective Advances”)expenses. Each Lender Lenders shall participate in each Protective Advance on a Pro Rata basisbasis in Protective Advances outstanding from time to time. Required Lenders may at any time revoke Agent’s authority to make further Protective Advances under clause (a) by written notice to Agent. Absent such revocation, Agent’s determination that funding of a Protective Advance is appropriate shall be conclusive.

Appears in 2 contracts

Samples: Loan and Security Agreement (Advanced Micro Devices Inc), Loan and Security Agreement (Advanced Micro Devices Inc)

Protective Advances. Agent shall be authorized, in its sole discretion, at any time that any conditions in Section 6 are not satisfied, to make Base Rate Revolver Loans (“Protective Advances”) (a) up to and including an aggregate amount not to exceed of $5,000,000 outstanding at any time the lesser of (i) the aggregate Revolver Commitments, and (ii) the outstanding amount of $15,000,000time, if Agent deems such Revolver Loans necessary or desirable to preserve or protect Collateral, or to enhance the collectability or repayment of Obligations, as long as such Loans do not cause Revolver Usage to exceed the aggregate Revolver Commitments; or (b) to pay any other amounts chargeable to Obligors under any Loan Documents, including interest, costs, fees and expenses (such Revolver Loans are referred to herein as “Protective Advances”)expenses. Each Lender Lenders shall participate in each Protective Advance on a Pro Rata basisbasis in Protective Advances outstanding from time to time. Required Lenders may at any time revoke Agent’s authority to make further Protective Advances under clause (a) by written notice to Agent; provided, however, that such ability to revoke Agent’s authority shall not apply with respect to Protective Advances that are in an aggregate amount of $5,000,000 or less. Absent such revocation, Agent’s determination that funding of a Protective Advance is appropriate shall be conclusive.

Appears in 2 contracts

Samples: Loan and Security Agreement (Arctic Cat Inc), Loan and Security Agreement (Arctic Cat Inc)

Protective Advances. Agent shall be authorized, in its sole discretion, at any time that a Default or Event of Default exists or any conditions in Section 6 are not satisfied, and without regard to the aggregate Commitments, to make Base Prime Rate Revolver Loans (“Protective Advances”) (a) up to an aggregate amount not to exceed at any time the lesser of (i) the aggregate Revolver Commitments, and (ii) the outstanding amount of $15,000,000, if Agent deems such Revolver Loans necessary or desirable to preserve or protect any Collateral, or to enhance the collectability collectibility or repayment of Obligations; or (b) to pay any other amounts chargeable to Obligors under any Loan Documents, including costs, fees and expenses (such Revolver Loans are referred to herein expenses. All Protective Advances shall be Obligations, secured by the Collateral, and shall be treated for all purposes as “Protective Advances”)Extraordinary Expenses. Each Lender shall participate in each Protective Advance on a Pro Rata basis. Required Lenders may at any time revoke Agent’s authority authorization to make further Protective Advances by written notice to Agent. Absent such revocation, Agent’s determination that funding of a Protective Advance is appropriate shall be conclusive.

Appears in 2 contracts

Samples: Loan and Security Agreement (South Texas Supply Company, Inc.), Loan and Security Agreement (McJunkin Red Man Holding Corp)

Protective Advances. Agent shall be authorized, in its sole discretion, at any time that any conditions in Section 6 are not satisfied, satisfied to make Base Rate Revolver Loans (“Protective Advances”) (a) up to an aggregate amount not to exceed of $15,000,000 outstanding at any time the lesser of (i) the aggregate Revolver Commitments, and (ii) the outstanding amount of $15,000,000time, if Agent deems such Revolver Loans necessary or desirable to preserve or protect Collateral, or to enhance the collectability collectibility or repayment of Obligations, as long as such Loans do not cause the outstanding Revolver Loans and LC Obligations to exceed the aggregate Revolver Commitments; or (b) to pay any other amounts chargeable to Obligors Borrowers under any Loan Documents, including interest, costs, fees and expenses (such Revolver Loans are referred to herein as “Protective Advances”)expenses. Each Lender shall participate in each Protective Advance on a Pro Rata basis. Required Lenders may at any time revoke Agent’s authority to make further Protective Advances under clause (a) by written notice to Agent. Absent such revocation, Agent’s determination that the funding of a Protective Advance is appropriate shall be conclusive.

Appears in 2 contracts

Samples: Credit and Security Agreement (Titan International Inc), Credit and Security Agreement (Titan International Inc)

Protective Advances. Agent shall be authorized, in its sole discretion, at any time that any conditions in Section 6 are not satisfied, to make Base Rate Revolver Loans (“Protective Advances”) (a) up to an aggregate amount not to exceed of ten (10)% of the Borrowing Base outstanding at any time the lesser of (i) the aggregate Revolver Commitments, and (ii) the outstanding amount of $15,000,000time, if Agent deems such Revolver Loans necessary or desirable to preserve or protect Collateral, or to enhance the collectability or repayment of Obligations, as long as such Loans do not cause Revolver Usage to exceed the aggregate Revolver Commitments; or (b) to pay any other amounts chargeable to Obligors under any Loan Documents, including interest, costs, fees and expenses (such Revolver Loans are referred to herein as “Protective Advances”)expenses. Each Lender Lenders shall participate in each Protective Advance on a Pro Rata basisbasis in Protective Advances outstanding from time to time. Required Lenders may at any time revoke Agent’s authority to make further Protective Advances under clause (a) by written notice to Agent. Absent such revocation, Agent’s determination that funding of a Protective Advance is appropriate shall be conclusive.

Appears in 1 contract

Samples: Loan and Security Agreement (Hydrofarm Holdings Group, Inc.)

Protective Advances. Agent shall be authorized, in its sole discretion, at any time that a Default or Event of Default exists or any conditions in Section 6 are not satisfied, and without regard to the aggregate Commitments, to make Base Rate Revolver Loans (“Protective Advances”) (a) up to an aggregate amount not to exceed of $5,500,000 outstanding at any time the lesser of (i) the aggregate Revolver Commitments, and (ii) the outstanding amount of $15,000,000time, if Agent deems such Revolver Loans necessary or desirable to preserve or protect any Collateral, or to enhance the collectability collectibility or repayment of Obligations; or (b) to pay any other amounts chargeable to Obligors under any Loan Documents, including costs, fees and expenses (such Revolver Loans are referred to herein expenses. All Protective Advances shall be Obligations, secured by the Collateral, and shall be treated for all purposes as “Protective Advances”)Extraordinary Expenses. Each Lender shall participate in each Protective Advance on a Pro Rata basis. Required Lenders may at any time revoke Agent’s authority authorization to make further Protective Advances by written notice to Agent. Absent such revocation, Agent’s determination that funding of a Protective Advance is appropriate shall be conclusive.

Appears in 1 contract

Samples: Loan and Security Agreement (Global Crossing LTD)

Protective Advances. Agent shall be authorized, in its sole discretion, at any time that any conditions in Section 6 are not satisfied, satisfied to make Base Rate Revolver Loans (“Protective Advances”) (a) up to an aggregate amount not to exceed of $8,000,000 outstanding at any time the lesser of (i) the aggregate Revolver Commitments, and (ii) the outstanding amount of $15,000,000time, if Agent deems such Revolver Loans necessary or desirable to preserve or protect Collateral, or to enhance the collectability collectibility or repayment of Obligations, as long as such Loans do not cause the outstanding Revolver Loans and LC Obligations to exceed the aggregate Revolver Commitments; or (b) to pay any other amounts chargeable to Obligors under any Loan Documents, including interest, costs, fees and expenses (such Revolver Loans are referred to herein as “Protective Advances”)expenses. Each Lender shall participate in each Protective Advance on a Pro Rata basis. Required Lenders may at any time revoke Agent’s authority to make further Protective Advances under clause (a) by written notice to Agent. Absent such revocation, Agent’s determination that funding of a Protective Advance is appropriate shall be conclusive.

Appears in 1 contract

Samples: Loan and Security Agreement (Us Concrete Inc)

Protective Advances. Agent shall be authorized, in its sole discretion, at any time that any conditions in Section 6 are not satisfied, and without regard to the Aggregate Availability, to make Base Rate Revolver Loans (“Protective Advances”) (a) up to an aggregate amount not to exceed of 10% of the Revolver Commitment outstanding at any time the lesser of (i) the aggregate Revolver Commitments, and (ii) the outstanding amount of $15,000,000time, if Agent deems such Revolver Loans necessary or desirable to preserve or protect Collateral, or to enhance the collectability collectibility or repayment of Obligations; or (b) to pay any other amounts chargeable to Obligors under any Loan Documents, including costs, fees and expenses (such Revolver Loans are referred to herein expenses. All Protective Advances shall be secured by the Collateral and treated for all purposes as “Protective Advances”)Extraordinary Expenses. Each Lender shall participate in each Protective Advance on a Pro Rata basis. Required Lenders may at any time revoke Agent’s authority to make further Protective Advances by written notice to Agent. Absent such revocation, Agent’s determination that funding of a Protective Advance is appropriate shall be conclusive.

Appears in 1 contract

Samples: Loan and Security Agreement (Multi Fineline Electronix Inc)

Protective Advances. Agent shall be authorized, in its sole discretion, at any time that any conditions in Section 6 are not satisfied, to make Base Rate Revolver Loans (“Protective Advances”) (a) up to an aggregate amount not to exceed amount, when combined with all Overadvances, of 10% of the Borrowing Base outstanding at any time the lesser of (i) the aggregate Revolver Commitments, and (ii) the outstanding amount of $15,000,000time, if Agent deems such Revolver Loans necessary or desirable to preserve or protect Collateral, or to enhance the collectability or repayment of Obligations, as long as such Loans do not cause Revolver Usage to exceed the Borrowing Base; or (b) to pay any other amounts chargeable to Obligors under any Loan Documents, including interest, costs, fees and expenses (such Revolver Loans are referred to herein as “Protective Advances”)expenses. Each Lender Lenders shall participate in each Protective Advance on a Pro Rata basisbasis in Protective Advances outstanding from time to time. Required Lenders may at any time revoke Agent’s authority to make further Protective Advances under clause (a) by written notice to Agent. Absent such revocation, Agent’s determination that funding of a Protective Advance is appropriate shall be conclusive.

Appears in 1 contract

Samples: Loan Agreement (Horizon Global Corp)

Protective Advances. Agent shall be authorized, in its sole discretion, at any time that any conditions in Section 6 are not satisfied, to make Base Rate Revolver Loans (“Protective Advances”) (a) up to an aggregate amount not to exceed of $2,500,000 outstanding at any time the lesser of (i) the aggregate Revolver Commitments, and (ii) the outstanding amount of $15,000,000time, if Agent deems such Revolver Loans necessary or desirable to preserve or protect Collateral, or to enhance the collectability or repayment of Obligations, as long as such Revolver Loans do not cause Revolver Usage to exceed the aggregate Revolver Commitments; or (b) to pay any other amounts chargeable to Obligors the Loan Parties under any Loan Documents, including interest, costs, fees and expenses (such Revolver Loans are referred to herein as “Protective Advances”)expenses. Each Lender Lenders shall participate in each Protective Advance on a Pro Rata basisbasis in Protective Advances outstanding from time to time. Required Lenders may at any time revoke Agent’s authority to make further Protective Advances under clause (a) by written notice to Agent. Absent such revocation, Agent’s determination that funding of a Protective Advance is appropriate shall be conclusive.

Appears in 1 contract

Samples: Credit Agreement (Wausau Paper Corp.)

Protective Advances. Agent shall be authorized, in its sole discretion, at any time that a Default or Event of Default exists or any conditions in Section SECTION 6 are not satisfied, and without regard to the aggregate Commitments, to make Base Rate Revolver Loans ("PROTECTIVE ADVANCES") (a) up to an aggregate amount not to exceed of $2,500,000 outstanding at any time the lesser of (i) the aggregate Revolver Commitments, and (ii) the outstanding amount of $15,000,000time, if Agent deems such Revolver Loans necessary or desirable to preserve or protect any Collateral, or to enhance the collectability collectibility or repayment of Obligations; or (b) to pay any other amounts chargeable to Obligors under any Loan Documents, including costs, fees and expenses (such Revolver Loans are referred to herein expenses. All Protective Advances shall be Obligations, secured by the Collateral, and shall be treated for all purposes as “Protective Advances”)Extraordinary Expenses. Each Lender shall participate in each Protective Advance on a Pro Rata basis. Required Lenders may at any time revoke Agent’s authority 's authorization to make further Protective Advances by written notice to Agent. Absent such revocation, Agent’s 's determination that funding of a Protective Advance is appropriate shall be conclusive.

Appears in 1 contract

Samples: Loan and Security Agreement (WHX Corp)

Protective Advances. Agent shall be authorized, in its sole discretion, at any time that any conditions in Section 6 are not satisfied, to make Base Floating Rate Revolver Loans (“Protective Advances”) (a) up to an aggregate amount not to exceed of $25,000,000 outstanding at any time the lesser of (i) the aggregate Revolver Commitments, and (ii) the outstanding amount of $15,000,000time, if Agent deems such Revolver Loans necessary or desirable to preserve or protect Collateral, or to enhance the collectability or repayment of Obligations, as long as such Revolver Loans do not cause Revolver Usage to exceed the aggregate Revolver Commitments; or (b) to pay any other amounts chargeable to Obligors under any Loan Documents, including interest, costs, fees and expenses (such Revolver Loans are referred to herein as “Protective Advances”)expenses. Each Lender Lenders shall participate in each Protective Advance on a Pro Rata basisbasis in Protective Advances outstanding from time to time. Required Lenders may at any time revoke Agent’s authority to make further Protective Advances under clause (a) by written notice to Agent. Absent such revocation, Agent’s determination that funding of a Protective Advance is appropriate shall be conclusive.

Appears in 1 contract

Samples: Loan and Security Agreement (Amkor Technology, Inc.)

Protective Advances. Agent shall be authorized, in its sole discretion, at any time that any conditions in Section 6 are not satisfied, and without regard to the aggregate Revolver Commitments, to make Base Rate Revolver Loans (“Protective Advances”) (a) up to an aggregate amount not to exceed of $6,500,000 outstanding at any time the lesser of (i) the aggregate Revolver Commitments, and (ii) the outstanding amount of $15,000,000time, if Agent deems such Revolver Loans necessary or desirable to preserve or protect Collateral, or to enhance the collectability collectibility or repayment of Obligations; or (b) to pay any other amounts chargeable to Obligors under any Loan Documents, including costs, fees and expenses (such Revolver Loans are referred to herein as “Protective Advances”)expenses. Each Lender shall participate in each Protective Advance on a Pro Rata basis. Required Lenders may at any time revoke Agent’s authority to make further Protective Advances by written notice to Agent. Absent such revocation, Agent’s determination that funding of a Protective Advance is appropriate shall be conclusive.

Appears in 1 contract

Samples: Loan and Security Agreement

Protective Advances. Agent shall be authorized, in its sole discretion, at any time that any conditions in Section 6 are not satisfied, to make Base Rate Revolver Loans (“Protective Advances”) (a) up to an aggregate amount not of up to exceed 10% of the Borrowing Base outstanding at any time the lesser of (i) the aggregate Revolver Commitments, and (ii) the outstanding amount of $15,000,000time, if Agent deems such Revolver Loans necessary or desirable to preserve or protect Collateral, or to enhance the collectability or repayment of Obligations, as long as such Revolver Loans do not cause Revolver Usage to exceed the aggregate Revolver Commitments; or (b) to pay any other amounts chargeable to Obligors under any Loan Documents, including interest, costs, fees and expenses (such Revolver Loans are referred to herein as “Protective Advances”)expenses. Each Lender Lenders shall participate in each Protective Advance on a Pro Rata basisbasis in Protective Advances outstanding from time to time. Required Lenders may at any time revoke Agent’s authority to make further Protective Advances under clause (a) by written notice to Agent. Absent such revocation, Agent’s determination that funding of a Protective Advance is appropriate shall be conclusive.

Appears in 1 contract

Samples: Guaranty and Security Agreement (ArcLight Clean Transition Corp.)

Protective Advances. Agent shall be authorized, in its sole discretion, at any time that an Event of Default has occurred and is continuing, and without regard to whether any conditions in Section 6 are not satisfied, to make Base Rate Revolver Loans (“Protective Advances”) (a) of up to an aggregate amount not to exceed of $15,000,000 outstanding at any time (provided that the lesser sum of (i) all Loans, LC Obligations and Protective Advances do not exceed the aggregate Revolver Commitments, and (ii) the outstanding amount of $15,000,000), if Agent deems such Revolver Loans necessary or desirable to preserve or protect Collateral, or to enhance the collectability collectibility or repayment of Obligations; or (b) to pay any other amounts chargeable to Obligors under any Loan Documents, including costs, fees and expenses (such Revolver Loans are referred to herein as “Protective Advances”)expenses. Each Lender shall participate in each Protective Advance on a Pro Rata basis. Required Lenders may at any time revoke Agent’s authority to make further Protective Advances by written notice to Agent. Absent such revocation, Agent’s determination that funding of a Protective Advance is appropriate shall be conclusive, provided, that the aggregate outstanding amount of Protective Advances and Overadvance shall not, at any one time, exceed $15,000,000.

Appears in 1 contract

Samples: Loan Agreement (Solo Cup CO)

Protective Advances. Agent shall be authorized, in its sole discretion, at any time that any conditions in Section 6 are not satisfied, to make Base Rate Revolver Loans (a) up to an aggregate amount not to exceed at any time the lesser of (i) the aggregate Revolver Commitments, and (ii) the outstanding amount of $15,000,0005,000,000, if Agent deems such Revolver Loans necessary or desirable to preserve or protect Collateral, or to enhance the collectability collectibility or repayment of Obligations; or (b) to pay any other amounts chargeable to Obligors under any Loan Documents, including costs, fees and expenses (such Revolver Loans are referred to herein as "Protective Advances"). Each Lender shall participate in each Protective Advance on a Pro Rata basis. Required Lenders may at any time revoke Agent’s 's authority to make further Protective Advances by written notice to Agent. Absent such revocation, Agent’s 's determination that funding of a Protective Advance is appropriate shall be conclusive.

Appears in 1 contract

Samples: Loan and Security Agreement (Conns Inc)

Protective Advances. Agent shall be authorized, in its sole discretionPermitted Discretion, at any time that any conditions condition in Section 6 are is not satisfied, to make Base Rate Revolver Loans (“Protective Advances”) (a) up to an aggregate amount not to exceed of $3,500,000 outstanding at any time the lesser of (i) the aggregate Revolver Commitments, and (ii) the outstanding amount of $15,000,000time, if Agent deems such Revolver Loans necessary or desirable to preserve or protect Collateral, or to enhance the collectability or repayment of Obligations, as long as such Loans do not cause Revolver Usage to exceed the aggregate Commitments; or (b) to pay any other amounts chargeable to Obligors under any Loan Documents, including interest, costs, fees and expenses (such Revolver Loans are referred to herein as “Protective Advances”)expenses. Each Lender Lenders shall participate in each Protective Advance on a Pro Rata basisbasis in Protective Advances outstanding from time to time. Required Lenders may at any time revoke Agent’s authority to make further Protective Advances under clause (a) by written notice to Agent. Absent such revocation, Agent’s determination that funding of a Protective Advance is appropriate shall be conclusive. No funding of a Protective Advance shall constitute a waiver by Agent or Lenders of any Event of Default relating thereto.

Appears in 1 contract

Samples: Loan and Security Agreement (Calix, Inc)

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Protective Advances. Agent shall be authorized, in its sole discretion, at any time that any conditions in Section 6 are not satisfied, and without regard to the aggregate Commitments, to make Base Rate Revolver Loans (“Protective Advances”) (a) up to an aggregate amount which when aggregated with existing Overadvances shall not to exceed at any time 10% of the lesser of (i) the aggregate Revolver Commitments, and (ii) the outstanding amount of $15,000,000Borrowing Base, if Agent deems such Revolver Loans necessary or desirable to preserve or protect Collateral, or to enhance the collectability collectibility or repayment of Obligations; or (b) to pay any other amounts chargeable to Obligors under any Loan Documents, including costs, fees and expenses (such Revolver Loans are referred to herein as “Protective Advances”)expenses. Each Lender shall participate in each Protective Advance on a Pro Rata basis. Required Lenders may at any time revoke Agent’s authority to make further Protective Advances by written notice to Agent. Absent such revocation, Agent’s determination that funding of a Protective Advance is appropriate shall be conclusive.

Appears in 1 contract

Samples: Loan and Security Agreement (Houston Wire & Cable CO)

Protective Advances. Agent shall be authorized, in its sole discretion, at any time that any conditions in Section 6 are not satisfied, satisfied to make Base Rate Revolver Loans (“Protective Advances”) (a) up to an aggregate amount not to exceed of $12,500,000 outstanding at any time the lesser of (i) the aggregate Revolver Commitments, and (ii) the outstanding amount of $15,000,000time, if Agent deems such Revolver Loans necessary or desirable to preserve or protect Collateral, or to enhance the collectability collectibility or repayment of Obligations, as long as such Loans do not cause the outstanding Revolver Loans and LC Obligations to exceed the aggregate Revolver Commitments; or (b) to pay any other amounts chargeable to Obligors under any Loan Documents, including interest, costs, fees and expenses (such Revolver Loans are referred to herein as “Protective Advances”)expenses. Each Lender shall participate in each Protective Advance on a Pro Rata basis. Required Lenders may at any time revoke Agent’s authority to make further Protective Advances under clause (a) by written notice to Agent. Absent such revocation, Agent’s determination that funding of a Protective Advance is appropriate shall be conclusive. 2.1.3.

Appears in 1 contract

Samples: Loan and Security Agreement (Us Concrete Inc)

Protective Advances. Agent shall be authorized, in its sole discretion, at any time that a Default or Event of Default exists or any conditions in Section 6 are not satisfied, and without regard to the aggregate Revolver Commitments, to make Base Rate Revolver Loans (“Protective Advances”) (a) up to an aggregate amount not to exceed of $2,000,000 outstanding at any time the lesser of (i) the aggregate Revolver Commitments, and (ii) the outstanding amount of $15,000,000time, if Agent deems such Revolver Loans necessary or desirable to preserve or protect any Collateral, or to enhance the collectability collectibility or repayment of Obligations; or (b) to pay any other amounts chargeable to Obligors under any Loan Documents, including costs, fees and expenses (such Revolver Loans are referred to herein expenses. All Protective Advances shall be Obligations, secured by the Collateral, and shall be treated for all purposes as “Protective Advances”)Extraordinary Expenses. Each Lender shall participate in each Protective Advance on a Pro Rata basis. Required Lenders may at any time revoke Agent’s authority authorization to make further Protective Advances by written notice to Agent. Absent such revocation, Agent’s determination that funding of a Protective Advance is appropriate shall be conclusive.

Appears in 1 contract

Samples: Loan and Security Agreement (EMAK Worldwide, Inc.)

Protective Advances. Agent shall be authorized, in its sole discretion, at any time that any conditions in Section 6 Article VI are not satisfied, and without regard to the aggregate Commitments, to make Base Rate Revolver Loans (“Protective Advances”) (a) up to an aggregate amount not [***] Confidential information has been omitted and filed separately with the Securities and Exchange Commission pursuant to exceed a confidential treatment request. of $5,000,000 outstanding at any time the lesser of (i) the aggregate Revolver Commitments, and (ii) the outstanding amount of $15,000,000time, if Agent deems such Revolver Loans necessary or desirable to preserve or protect Collateral, or to enhance the collectability or repayment of Obligations; or (b) to pay any other amounts chargeable to Obligors under any Loan Documents, including costs, fees and expenses (such Revolver Loans are referred to herein as “Protective Advances”)expenses. Each Lender shall participate in each Protective Advance on a Pro Rata basis. Required Lenders may at any time revoke Agent’s authority to make further Protective Advances by written notice to Agent. Absent such revocation, Agent’s determination that funding of a Protective Advance is appropriate shall be conclusive.

Appears in 1 contract

Samples: Loan, Guaranty and Security Agreement (Trident Microsystems Inc)

Protective Advances. Agent shall be authorized, in its sole discretion, at any time that any conditions in Section 6 are not satisfiedtime, to make Revolver Loans that are SOFR Loans (or, if SOFR Loans are unavailable, Base Rate Revolver Loans Loans) (“Protective Advances”) (a) up to an aggregate amount not to exceed at any time the lesser of (i) the aggregate Revolver Commitments, and (ii) the outstanding amount of $15,000,000, if Agent deems such Revolver Loans necessary or desirable to preserve or protect Collateral, or to enhance the collectability or repayment of Obligations, as long as such Loans do not cause Revolver Usage to exceed the aggregate Revolver Commitments; or (b) to pay any other amounts chargeable to Obligors under any Loan Documents, including interest, costs, fees and expenses (such Revolver Loans are referred to herein as “Protective Advances”)expenses. Each Lender Xxxxxxx shall participate in each Protective Advance on a Pro Rata basisbasis in Protective Advances outstanding from time to time. Required Lenders Xxxxxxx may at any time revoke Agent’s authority to make further Protective Advances under clause (a) by written notice to Agent. Absent such revocation, Agent’s determination that funding of a Protective Advance is appropriate shall be conclusive.

Appears in 1 contract

Samples: Loan, Security and Guarantee Agreement (Applied Optoelectronics, Inc.)

Protective Advances. Agent shall be authorized, in its sole discretion, at any time that any conditions in Section 6 are not satisfied, satisfied to make Base Rate Revolver Loans (“Protective Advances”) (a) up to an aggregate amount not to exceed of $25,000,000 outstanding at any time the lesser of (i) the aggregate Revolver Commitments, and (ii) the outstanding amount of $15,000,000time, if Agent deems such Revolver Loans necessary or desirable to preserve or protect Collateral, or to enhance the collectability collectibility or repayment of Obligations, as long as such Loans do not cause the outstanding Revolver Loans and LC Obligations to exceed the aggregate Revolver Commitments; or (b) to pay any other amounts chargeable to Obligors under any Loan Documents, including interest, costs, fees and expenses (such Revolver Loans are referred to herein as “Protective Advances”)expenses. Each Lender shall participate in each Protective Advance on a Pro Rata basis. Required Lenders may at any time revoke Agent’s authority to make further Protective Advances under clause (a) by written notice to Agent. Absent such revocation, Agent’s determination that funding of a Protective Advance is appropriate shall be conclusive. 2.1.7.

Appears in 1 contract

Samples: Loan and Security Agreement (Us Concrete Inc)

Protective Advances. Agent shall be authorized, in its sole discretion, at any time that any conditions in Section 6 are not satisfied, and without regard to the aggregate Commitments, to make Base Rate Revolver Loans (“Protective Advances”) (a) up to an aggregate amount which when aggregated with existing Overadvances shall not to exceed at any time 10% of the lesser of (i) the aggregate Revolver Commitments, and (ii) the outstanding amount of $15,000,000Borrowing Base, if Agent deems such Revolver Loans necessary or desirable to preserve or protect Collateral, or to enhance the collectability or repayment of Obligations; or (b) to pay any other amounts chargeable to Obligors under any Loan Documents, including costs, fees and expenses (such Revolver Loans are referred to herein as “Protective Advances”)expenses. Each Lender shall participate in each Protective Advance on a Pro Rata basis. Required Lenders may at any time revoke Agent’s authority to make further Protective Advances by written notice to Agent. Absent such revocation, Agent’s determination that funding of a Protective Advance is appropriate shall be conclusive.

Appears in 1 contract

Samples: Loan and Security Agreement (Houston Wire & Cable CO)

Protective Advances. Agent shall be authorized, in its sole discretion, at any time that a Default or Event of Default exists or any conditions in Section 6 are not satisfied, and without regard to the aggregate Commitments, to make Base Rate Revolver Loans (“Protective Advances”) (a) up to an aggregate amount not to exceed of $10,000,000 outstanding at any time the lesser of (i) the aggregate Revolver Commitments, and (ii) the outstanding amount of $15,000,000time, if Agent deems such Revolver Loans necessary or desirable to preserve or protect any Collateral, or to enhance the collectability collectibility or repayment of Obligations; or (b) to pay any other amounts chargeable to Obligors under any Loan Documents, including costs, fees and expenses (such Revolver Loans are referred to herein expenses. All Protective Advances shall be Obligations, secured by the Collateral, and shall be treated for all purposes as “Protective Advances”)Extraordinary Expenses. Each Lender shall participate in each Protective Advance on a Pro Rata basis. Required Lenders may at any time revoke Agent’s authority authorization to make further Protective Advances by written notice to Agent. Absent such revocation, Agent’s determination that funding of a Protective Advance is appropriate shall be conclusive.

Appears in 1 contract

Samples: Credit Agreement (Calumet Specialty Products Partners, L.P.)

Protective Advances. Agent shall be authorized, in its sole discretion, at any time that a Default or Event of Default exists or any conditions in Section 6 are not satisfied, and without regard to the aggregate Commitments, to make Base Rate Revolver Loans ("Protective Advances") (a) up to an aggregate amount not to exceed of $2,500,000 outstanding at any time the lesser of (i) the aggregate Revolver Commitments, and (ii) the outstanding amount of $15,000,000time, if Agent deems such Revolver Loans necessary or desirable to preserve or protect any Collateral, or to enhance the collectability collectibility or repayment of Obligations; or (b) to pay any other amounts chargeable to Obligors under any Loan Documents, including costs, fees and expenses (such Revolver Loans are referred to herein expenses. All Protective Advances shall be Obligations, secured by the Collateral, and shall be treated for all purposes as “Protective Advances”)Extraordinary Expenses. Each Lender shall participate in each Protective Advance on a Pro Rata basis. Required Lenders may at any time revoke Agent’s authority 's authorization to make further Protective Advances by written notice to Agent. Absent such revocation, Agent’s determination that funding of a Protective Advance is appropriate shall be conclusive.

Appears in 1 contract

Samples: Loan and Security Agreement (Bairnco Corp /De/)

Protective Advances. Agent shall be authorized, in its sole discretion, at any time that a Default or Event of Default exists or any conditions in Section 6 are not satisfied, and without regard to the aggregate Commitments, to make Base Rate Revolver Loans (“Protective Advances”) (a) up to an aggregate amount not to exceed of $15,000,000 outstanding at any time the lesser of (i) the aggregate Revolver Commitments, and (ii) the outstanding amount of $15,000,000time, if Agent deems such Revolver Loans necessary or desirable to preserve or protect any Collateral, or to enhance the collectability collectibility or repayment of Obligations; or (b) to pay any other amounts chargeable to Obligors under any Loan Documents, including costs, fees and expenses (such Revolver Loans are referred to herein expenses. All Protective Advances shall be Obligations, secured by the Collateral, and shall be treated for all purposes as “Protective Advances”)Extraordinary Expenses. Each Lender shall participate in each Protective Advance on a Pro Rata basis. Required Lenders may at any time revoke Agent’s authority authorization to make further Protective Advances by written notice to Agent. Absent such revocation, Agent’s determination that funding of a Protective Advance is appropriate shall be conclusive.

Appears in 1 contract

Samples: Credit Agreement (Calumet Specialty Products Partners, L.P.)

Protective Advances. Agent shall be authorized, in its sole discretion, at any time that any conditions in Section 6 are not satisfied, to make Base Rate Revolver Loans (a) up to an aggregate amount not to exceed at any time the lesser of (i) the aggregate Revolver Commitments, and (ii) the outstanding amount of $15,000,0005,000,000, if Agent deems such Revolver Loans necessary or desirable to preserve or protect Collateral, or to enhance the collectability or repayment of Obligations; or (b) to pay any other amounts chargeable to Obligors under any Loan Documents, including costs, fees and expenses (such Revolver Loans are referred to herein as “Protective Advances”). Each Lender shall participate in each Protective Advance on a Pro Rata basis. Required Lenders may at any time revoke Agent’s authority to make further Protective Advances by written notice to Agent. Absent such revocation, Agent’s determination that funding of a Protective Advance is appropriate shall be conclusive.

Appears in 1 contract

Samples: Loan and Security Agreement (Conns Inc)

Protective Advances. Agent shall be authorized, in its sole discretion, at any time that any conditions in Section 6 are not satisfied, to make Base Rate Revolver Loans ("Protective Advances") (a) up to an aggregate amount not to exceed of 10% of the Borrowing Base outstanding at any time the lesser of (i) the aggregate Revolver Commitments, and (ii) the outstanding amount of $15,000,000time, if Agent deems such Revolver Loans necessary or desirable to preserve or protect Collateral, or to enhance the collectability or repayment of Obligations, as long as such Loans do not cause Revolver Usage to exceed the aggregate Revolver Commitments; or (b) to pay any other amounts chargeable to Obligors under any Loan Documents, including interest, costs, fees and expenses (such Revolver Loans are referred to herein as “Protective Advances”)expenses. Each Lender Lenders shall participate in each Protective Advance on a Pro Rata basisbasis in Protective Advances outstanding from time to time. Required Lenders may at any time revoke Agent’s 's authority to make further Protective Advances under clause (a) by written notice to Agent. Absent such revocation, Agent’s 's determination that funding of a Protective Advance is appropriate shall be conclusive.

Appears in 1 contract

Samples: Loan and Security Agreement (Northwest Pipe Co)

Protective Advances. Agent shall be authorized, in its sole discretion, at any time that an Event of Default exists or any conditions in Section 6 are not satisfied, satisfied to make Base Rate Revolver Revolving Loans (“Protective Advances”) (a) up to an aggregate amount not to exceed of $5,000,000 outstanding at any time the lesser of (i) the aggregate Revolver Commitments, and (ii) the outstanding amount of $15,000,000time, if Agent deems such Revolver Loans necessary or desirable to preserve or protect any Collateral, or to enhance the collectability or repayment of Obligations; or (b) to pay any other amounts chargeable to Obligors Loan Parties under any Loan Documents, including costs, fees and expenses (such Revolver Loans are referred to herein expenses. All Protective Advances shall be Obligations, secured by the Collateral, and shall be treated for all purposes as “Protective Advances”)Extraordinary Expenses. Each Lender shall participate in each Protective Advance on a Pro Rata basis. Required Lenders may at any time revoke Agent’s authority authorization to make further Protective Advances by written notice to Agent. Absent such revocation, Agent’s determination that funding of a Protective Advance is appropriate shall be conclusive.

Appears in 1 contract

Samples: Loan Agreement (M/a-Com Technology Solutions Holdings, Inc.)

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