Common use of Revolving Borrowings Clause in Contracts

Revolving Borrowings. Subject to the terms and conditions set forth herein, each Revolving Lender severally agrees to make loans to the Borrower from time to time, on any Business Day during the Revolving Availability Period, (each such loan, a “Revolving Credit Loan”) (i) denominated in Dollars or (ii) denominated in one or more Foreign Currencies (“Foreign Currency Revolving Credit Loans”), in an aggregate principal amount (based on, in the case of Foreign Currency Revolving Credit Loans, the Dollar Amount of such Foreign Currency Revolving Credit Loans) at any one time outstanding which does not exceed the amount of such Revolving Lender’s Revolving Commitment; provided, further, that, after giving effect to any Revolving Credit Borrowing, (i) the Total Outstandings shall not exceed the Borrowing Base Amount at such time, (ii) the aggregate Revolving Credit Exposure of all Revolving Lenders shall not exceed the Aggregate Revolving Commitments, and (iii) the Revolving Credit Exposure of any Revolving Lender shall not exceed such Revolving Lender’s Revolving Commitment. Within the limits of each Revolving Lender’s Revolving Commitment, and subject to the other terms and conditions hereof, the Borrower may borrow under this Section 2.01(b), prepay under Section 2.03, and reborrow under this Section 2.01(b). Revolving Credit Loans may be Base Rate Loans or Eurocurrency Rate Loans, as further provided herein. All Foreign Currency Revolving Credit Loans shall be Eurocurrency Loans. Each Revolving Lender that is a party to this Agreement on the Closing Date hereby represents and warrants that, on and as of the Closing Date, it is a “qualified purchaser” (within the meaning of the Investment Company Act of 1940, as amended, and the rules and regulations thereunder) and a “qualified institutional buyer” (within the meaning of Rule 144A under the Securities Act of 1933, as amended).

Appears in 2 contracts

Samples: Credit Agreement (Starwood Property Trust, Inc.), Credit Agreement (Starwood Property Trust, Inc.)

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Revolving Borrowings. Subject Except as otherwise provided herein, the Company will give the Agent a Notice of Borrowing with respect to each Borrowing under the Revolving Credit Facilities, not later than 11:00 a.m. (Cincinnati time) on (a) the Business Day of the proposed Borrowing Date in the case of a Borrowing consisting of Base Rate Advances and (b) two (2) Business Days prior to the terms and conditions set forth hereinproposed Borrowing Date, in the case of a Borrowing consisting of Eurodollar Rate Advances. The Agent will give to each Revolving Lender severally agrees to make loans prompt notice thereof by telex, telecopier or cable. Each Notice of Borrowing shall be by telecopier (or by telephonic notice confirmed in writing by a Notice of Borrowing delivered no later than the close of business on the day on which such telephonic notice is given), specifying therein all matters required by such Notice, including but not limited to the Borrower from time to time, on any Business Day during the Revolving Availability Period, (each such loan, a “Revolving Credit Loan”) requested (i) denominated in Dollars or Borrowing Date, (ii) denominated Credit Facility under which such Borrowing is to be made, (iii) the amount and Type of Advances comprising such Borrowing, (iv) aggregate amount of such Borrowing, and (v) in one or more Foreign Currencies (“Foreign Currency the case of a Borrowing consisting of Eurodollar Rate Advances the initial Interest Period for each such Advance. In the case of a proposed Borrowing comprised of Eurodollar Rate Advances, the Agent shall promptly notify each Lender of the applicable Eurodollar Rate. Each Revolving Credit Loans”), Loan that is a Base Rate Advance shall be in an aggregate principal amount of $250,000 or in integral multiples of $50,000 in excess thereof. Each Revolving Loan that is a Eurodollar Rate Advance shall be in an aggregate principal amount of $500,000 or in integral multiples of $100,000 in excess thereof. The Lenders will have no obligation to make Eurodollar Rate Advances if thereafter there would be outstanding Eurodollar Rate Advances with Interest Periods that end on more than five (based on5) different dates. If the Company fails to specify an Interest Period with respect to a Eurodollar Rate Advance, or fails to specify the Type of any Advance, or fails to provide any other information required by such Notice as to an Advance, the Company shall be deemed to have selected a Borrowing that is a Base Rate Advance. Each Lender shall, before 11:00 a.m. (Cincinnati time) on the Borrowing Date, make available for the account of its Applicable Lending Office to the Agent at the Agent's Account, in the case of Foreign Currency Revolving Credit Loanssame day funds, the Dollar Amount such Lender's Ratable Portion of such Foreign Currency Revolving Credit Loans) at any one time outstanding which does not exceed Borrowing. After the amount Agent's receipt of such Revolving Lender’s Revolving Commitment; provided, further, that, after giving effect to any Revolving Credit Borrowing, (i) funds and upon fulfillment of the Total Outstandings shall not exceed the Borrowing Base Amount at such time, (ii) the aggregate Revolving Credit Exposure of all Revolving Lenders shall not exceed the Aggregate Revolving Commitments, and (iii) the Revolving Credit Exposure of any Revolving Lender shall not exceed such Revolving Lender’s Revolving Commitment. Within the limits of each Revolving Lender’s Revolving Commitment, and subject to the other terms and applicable conditions set forth in Section 7 hereof, the Borrower may borrow under this Section 2.01(b), prepay under Section 2.03, and reborrow under this Section 2.01(b). Revolving Credit Loans may be Base Rate Loans or Eurocurrency Rate Loans, as further provided herein. All Foreign Currency Revolving Credit Loans shall be Eurocurrency Loans. Each Revolving Lender that is a party Agent will make such funds available to this Agreement on the Closing Date hereby represents and warrants that, on and as of Company by crediting the Closing Date, it is a “qualified purchaser” (within the meaning of the Investment Company Act of 1940, as amended, and the rules and regulations thereunder) and a “qualified institutional buyer” (within the meaning of Rule 144A under the Securities Act of 1933, as amended)Cash Collateral Account.

Appears in 2 contracts

Samples: Security Agreement (Multi Color Corp), Security Agreement (Multi Color Corp)

Revolving Borrowings. Subject to the terms and conditions set forth herein, each Revolving Lender severally agrees to make loans to the Borrower from time to time, on any Business Day during the Revolving Availability Period, (each such loan, a “Revolving Credit Loan”) (i) denominated to the Borrowers in Dollars or (ii) denominated in one or more Foreign Alternative Currencies (“Foreign Currency Revolving Credit Loans”), from time to time on any Business Day during the Availability Period in an aggregate principal amount (based on, in the case of Foreign Currency Revolving Credit Loans, the Dollar Amount of such Foreign Currency Revolving Credit Loans) not to exceed at any one time outstanding which does not exceed the amount of such Revolving Lender’s Revolving Commitment; provided, furtherhowever, that, that after giving effect to any Borrowing of Revolving Credit BorrowingLoans, (i) the Total Revolving Outstandings shall not exceed the Borrowing Base Amount at such time, (ii) the aggregate Revolving Credit Exposure of all Revolving Lenders shall not exceed the Aggregate Revolving Commitments, and (ii) the aggregate Outstanding Amount of the Revolving Loans of any Lender, plus such Lender’s Pro Rata Share of the Outstanding Amount of all L/C Obligations, plus such Lender’s Pro Rata Share of the Outstanding Amount of all Swing Line Loans shall not exceed such Lender’s Revolving Commitment, (iii) the aggregate Outstanding Amount of all Revolving Credit Exposure Loans denominated in an Alternative Currency plus the aggregate Outstanding Amount of any Revolving Lender all Swing Line Loans denominated in an Alternative Currency plus the aggregate Outstanding Amount of all L/C Obligations denominated in an Alternative Currency shall not exceed such the Alternative Currency Sublimit and (iv) the aggregate Outstanding Amount of all Revolving Lender’s Revolving CommitmentLoans made to the Foreign Borrowers plus the aggregate Outstanding Amount of all Swing Line Loans made to the Foreign Borrowers plus the aggregate Outstanding Amount of all L/C Obligations of the Foreign Borrowers shall not exceed the Foreign Borrower Sublimit. Within the limits of each Revolving Lender’s Revolving Commitment, and subject to the other terms and conditions hereof, the Borrower Borrowers may borrow under this Section 2.01(b2.01(a), prepay under Section 2.032.05, and reborrow under this Section 2.01(b2.01(a). Revolving Credit Loans may be Base Rate Loans or Eurocurrency Rate Loans, or a combination thereof, as further provided herein. All Foreign Currency Revolving Credit Loans shall be Eurocurrency Loans. Each Revolving Lender that is a party to this Agreement on the Closing Date hereby represents and warrants that, on and as of the Closing Date, it is a “qualified purchaser” (within the meaning of the Investment Company Act of 1940, as amended, and the rules and regulations thereunder) and a “qualified institutional buyer” (within the meaning of Rule 144A under the Securities Act of 1933, as amended).

Appears in 2 contracts

Samples: Credit Agreement (Quanta Services, Inc.), Credit Agreement (Quanta Services Inc)

Revolving Borrowings. Subject to the terms and conditions set forth herein, each Revolving Lender severally agrees to make loans (each such loan, a “Revolving Loan”) to the Borrower Borrower, in Dollars, from time to time, on any Business Day during the Availability Period for the Revolving Availability Period, (each such loan, a “Revolving Credit Loan”) (i) denominated in Dollars or (ii) denominated in one or more Foreign Currencies (“Foreign Currency Revolving Credit Loans”)Facility, in an aggregate principal amount (based on, in the case of Foreign Currency Revolving Credit Loans, the Dollar Amount of such Foreign Currency Revolving Credit Loans) not to exceed at any one time outstanding which does not exceed the amount of such Revolving Lender’s Revolving Commitment; provided, furtherhowever, that, that after giving effect to any Revolving Credit Borrowing, (i) the Total Revolving Outstandings shall not exceed the Borrowing Base Amount at such timeRevolving Facility, and (ii) the aggregate Revolving Credit Exposure of all Revolving Lenders shall not exceed the Aggregate Revolving Commitments, and (iii) the Revolving Credit Exposure of any Revolving Lender shall not exceed such Revolving Lender’s Revolving Commitment. Within the limits of each Revolving Lender’s Revolving Commitment, and subject to the other terms and conditions hereof, the Borrower may borrow under this Section 2.01(b)Revolving Loans, prepay under Section 2.032.05, and reborrow under this Section 2.01(b2.01(cb). Revolving Credit Loans may be Base Rate Loans or Eurocurrency Eurodollar Rate Loans, as further provided herein. All Foreign Currency ; provided, however, any Revolving Credit Loans shall be Eurocurrency Loans. Each Revolving Lender that is a party to this Agreement Borrowings made on the Closing Date or any of the three (3) Business Days following the Closing Date shall be made as Base Rate Loans unless the Borrower delivers a Funding Indemnity Letter not less than three (3) Business Days prior to the date of such Revolving Borrowing. Notwithstanding anything to the contrary contained in this Section 2.01(c), subject to the terms and conditions of this Agreement, Borrower hereby represents acknowledges, confirms and warrants that, on and as of agrees that (i) immediately prior to the Closing Date, it the Revolving Principal Debt under, and as defined in, the Restated Credit Agreement is a equal to $3,489,487.63 (such Indebtedness being hereinafter referred to as the qualified purchaser” (within Existing Revolving Indebtedness”) and such advances are outstanding and, upon the meaning effectiveness of this Agreement, the other Loan Documents and the consummation of the Investment Company Act Assignment Transaction, payable under this Agreement to the Administrative Agent and the Lenders without set-off, counterclaim, deduction, offset or defense and are secured by a first priority (subject to exceptions set forth in this Agreement and/or the other Loan Documents) security interest in and lien on the Collateral, (ii) all of 1940such Existing Revolving Indebtedness shall not be repaid on the Effective Date, as but rather shall be amended, and continued, converted (as the rules and regulations thereundercase may be), reallocated (as the case may be) and a “qualified institutional buyer” restated by this Agreement as Revolving Loans outstanding hereunder, (within iii) the meaning of Rule 144A Revolving Committed Amount (as defined under the Securities Act of 1933Restated Credit Agreement) shall be amended and restated as the Revolving Commitment (as defined in this Agreement) under this Agreement, and (iv) all other Obligations (including interest and fees) outstanding under the Restated Credit Agreement shall not be repaid on the Closing Date but shall be amended, restated and continued as amended)Obligations outstanding under this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Trecora Resources)

Revolving Borrowings. Subject Except as otherwise provided herein, the Company will give the Agent a Notice of Borrowing with respect to each Borrowing under the Revolving Credit Facilities, not later than 11:00 a.m. (Cincinnati time) on (a) the Business Day of the proposed Borrowing Date in the case of a Borrowing consisting of Base Rate Advances and (b) two (2) Business Days prior to the terms and conditions set forth hereinproposed Borrowing Date, in the case of a Borrowing consisting of Eurodollar Rate Advances. The Agent will give to each Revolving Lender severally agrees to make loans prompt notice thereof by telex, telecopier or cable. Each Notice of Borrowing shall be by telecopier (or by telephonic notice confirmed in writing by a Notice of Borrowing delivered no later than the close of business on the day on which such telephonic notice is given), specifying therein all matters required by such Notice, including but not limited to the Borrower from time to time, on any Business Day during the Revolving Availability Period, (each such loan, a “Revolving Credit Loan”) requested (i) denominated in Dollars or Borrowing Date, (ii) denominated Credit Facility under which such Borrowing is to be made, (iii) the amount and Type of Advances comprising such Borrowing, (iv) aggregate amount of such Borrowing, and (v) in one or more Foreign Currencies (“Foreign Currency the case of a Borrowing consisting of Eurodollar Rate Advances the initial Interest Period for each such Advance. In the case of a proposed Borrowing comprised of Eurodollar Rate Advances, the Agent shall promptly notify each Lender of the applicable Eurodollar Rate. Each Revolving Credit Loans”), Loan that is a Base Rate Advance shall be in an aggregate principal amount of $250,000 or in integral multiples of $50,000 in excess thereof. Each Revolving Loan that is a Eurodollar Rate Advance shall be in an aggregate principal amount of $500,000 or in integral multiples of $100,000 in excess thereof. The Lenders will have no obligation to make Eurodollar Rate Advances prior to January 31, 1999. The Lenders will have no obligation to make Eurodollar Rate Advances if thereafter there would be outstanding Eurodollar Rate Advances with Interest Periods that end on more than two (based on2) different dates. If the Company fails to specify an Interest Period with respect to a Eurodollar Rate Advance, or fails to specify the Type of any Advance, or fails to provide any other information required by such Notice as to an Advance, the Company shall be 37 deemed to have selected a Borrowing that is a Base Rate Advance. Each Lender shall, before 1:00 p.m. (Cincinnati time) on the Borrowing Date, make available for the account of its Applicable Lending Office to the Agent at the Agent's Account, in the case of Foreign Currency Revolving Credit Loanssame day funds, the Dollar Amount such Lender's Ratable Portion of such Foreign Currency Revolving Credit Loans) at any one time outstanding which does not exceed Borrowing. After the amount Agent's receipt of such Revolving Lender’s Revolving Commitment; provided, further, that, after giving effect to any Revolving Credit Borrowing, (i) funds and upon fulfillment of the Total Outstandings shall not exceed the Borrowing Base Amount at such time, (ii) the aggregate Revolving Credit Exposure of all Revolving Lenders shall not exceed the Aggregate Revolving Commitments, and (iii) the Revolving Credit Exposure of any Revolving Lender shall not exceed such Revolving Lender’s Revolving Commitment. Within the limits of each Revolving Lender’s Revolving Commitment, and subject to the other terms and applicable conditions set forth in Section 7 hereof, the Borrower may borrow under this Section 2.01(b), prepay under Section 2.03, and reborrow under this Section 2.01(b). Revolving Credit Loans may be Base Rate Loans or Eurocurrency Rate Loans, as further provided herein. All Foreign Currency Revolving Credit Loans shall be Eurocurrency Loans. Each Revolving Lender that is a party Agent will make such funds available to this Agreement on the Closing Date hereby represents and warrants that, on and as of Company by crediting the Closing Date, it is a “qualified purchaser” (within the meaning of the Investment Company Act of 1940, as amended, and the rules and regulations thereunder) and a “qualified institutional buyer” (within the meaning of Rule 144A under the Securities Act of 1933, as amended)Cash Collateral Account.

Appears in 1 contract

Samples: Credit, Reimbursement and Security Agreement (Multi Color Corp)

Revolving Borrowings. Subject to the terms and conditions set forth herein, each Revolving Lender severally agrees to make loans denominated in Dollars or one or more Alternative Currencies pursuant to Section 2.02 from its applicable Lending Office (each such loan, a “Revolving Loan”) to the Borrower from time to time, on any Business Day during the period, with respect to each Class of the Revolving Availability PeriodFacility, (from in the case of the 2021-2 Initial Revolving Facility, the Amendment No. 9 Effective Date, and in each case, until the Maturity Date with respect to such loan, a “Class of the Revolving Credit Loan”) (i) denominated in Dollars or (ii) denominated in one or more Foreign Currencies (“Foreign Currency Revolving Credit Loans”)Facility, in an aggregate principal amount (based on, in the case of Foreign Currency Revolving Credit Loans, the Dollar Amount of such Foreign Currency Revolving Credit Loans) not to exceed at any one time outstanding which does not exceed the amount of such Revolving LenderXxxxxx’s Revolving CommitmentCommitment under the applicable Class of the Revolving Facility; provided, further, that, provided that after giving effect to any Revolving Credit Borrowing, (ia) the Total 2021-2 Initial Revolving Outstandings shall not exceed the Borrowing Base Amount at such time, aggregate 2021-2 Initial Revolving Commitments (iib) the aggregate principal Dollar Amount of Total Revolving Credit Exposure Outstandings denominated in Canadian Dollars will not exceed $25.0 million and (c) the aggregate Outstanding Amount of the Revolving Loans of any Lender, plus such Lender’s Pro Rata Share or other applicable share provided for under this Agreement of the Outstanding Amount of all Revolving Lenders shall not exceed L/C Obligations, plus, in the Aggregate Revolving Commitmentscase of each Lender other than the Swing Line Lender, and (iii) such Xxxxxx’s Pro Rata Share or other applicable share provided for under this Agreement of the Revolving Credit Exposure Outstanding Amount of any Revolving Lender all Swing Line Loans, shall not exceed such Revolving Lender’s Revolving Commitment. Within the limits of each Revolving Lender’s Revolving Commitment, and subject to the other terms and conditions hereof, the Borrower may borrow under this Section 2.01(b2.01(2), prepay under Section 2.03, 2.05 and reborrow under this Section 2.01(b2.01(2). Revolving Credit Loans may be Base Rate Loans, Eurodollar RateSOFR Loans or Eurocurrency Rate CDOR Loans, as further provided herein. All Foreign Currency For the avoidance of doubt, the parties hereto agree that each Revolving Credit Loans Borrowing (including Revolving Borrowings pursuant to Section 2.04(3)) shall be Eurocurrency Loans. Each made on a ratable basis among all Classes of Revolving Lender that is a party to this Agreement on the Closing Date hereby represents and warrants that, on and as of the Closing Date, it is a “qualified purchaser” (within the meaning of the Investment Company Act of 1940, as amended, and the rules and regulations thereunder) and a “qualified institutional buyer” (within the meaning of Rule 144A under the Securities Act of 1933, as amended)Commitments then in effect.

Appears in 1 contract

Samples: Credit Agreement (Life Time Group Holdings, Inc.)

Revolving Borrowings. Subject to the terms and conditions set forth herein, each Revolving Lender severally agrees to make loans denominated in Dollars or one or more Alternative Currencies pursuant to Section 2.02 from its applicable Lending Office (each such loan, a “Revolving Loan”) to the Borrower from time to time, on any Business Day during the period, with respect to each Class of the Revolving Availability PeriodFacility, (from in the case of the 2021-2 Initial Revolving Facility, the Amendment No. 9 Effective Date, and in each case, until the Maturity Date with respect to such loan, a “Class of the Revolving Credit Loan”) (i) denominated in Dollars or (ii) denominated in one or more Foreign Currencies (“Foreign Currency Revolving Credit Loans”)Facility, in an aggregate principal amount (based on, in the case of Foreign Currency Revolving Credit Loans, the Dollar Amount of such Foreign Currency Revolving Credit Loans) not to exceed at any one time outstanding which does not exceed the amount of such Revolving LenderXxxxxx’s Revolving CommitmentCommitment under the applicable Class of the Revolving Facility; provided, further, that, provided that after giving effect to any Revolving Credit Borrowing, (ia) the Total 2021-2 Initial Revolving Outstandings shall not exceed the Borrowing Base Amount at such time, aggregate 2021-2 Initial Revolving Commitments (iib) the aggregate principal Dollar Amount of Total Revolving Credit Exposure Outstandings denominated in Canadian Dollars will not exceed $25.0 million and (c) the aggregate Outstanding Amount of the Revolving Loans of any Lender, plus such Lender’s Pro Rata Share or other applicable share provided for under this Agreement of the Outstanding Amount of all Revolving Lenders shall not exceed L/C 84 Obligations, plus, in the Aggregate Revolving Commitmentscase of each Lender other than the Swing Line Lender, and (iii) such Lender’s Pro Rata Share or other applicable share provided for under this Agreement of the Revolving Credit Exposure Outstanding Amount of any Revolving Lender all Swing Line Loans, shall not exceed such Revolving LenderXxxxxx’s Revolving Commitment. Within the limits of each Revolving Lender’s Revolving Commitment, and subject to the other terms and conditions hereof, the Borrower may borrow under this Section 2.01(b2.01(2), prepay under Section 2.03, 2.05 and reborrow under this Section 2.01(b2.01(2). Revolving Credit Loans may be Base Rate Loans, SOFR Loans or Eurocurrency Rate CDOR Loans, as further provided herein. All Foreign Currency For the avoidance of doubt, the parties hereto agree that each Revolving Credit Loans Borrowing (including Revolving Borrowings pursuant to Section 2.04(3)) shall be Eurocurrency Loans. Each made on a ratable basis among all Classes of Revolving Lender that is a party to this Agreement on the Closing Date hereby represents and warrants that, on and as of the Closing Date, it is a “qualified purchaser” (within the meaning of the Investment Company Act of 1940, as amended, and the rules and regulations thereunder) and a “qualified institutional buyer” (within the meaning of Rule 144A under the Securities Act of 1933, as amended)Commitments then in effect.

Appears in 1 contract

Samples: Credit Agreement (Life Time Group Holdings, Inc.)

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Revolving Borrowings. Subject Except as otherwise provided herein, the Company will give the Agent a Notice of Borrowing with respect to each Borrowing under the Revolving Credit Facility, not later than 11:00 a.m. (Cincinnati time) on (a) the Business Day of the proposed Borrowing Date in the case of a Borrowing consisting of Base Rate Advances and (b) three (3) Business Days prior to the terms and conditions set forth hereinproposed Borrowing Date, in the case of a Borrowing consisting of Eurodollar Rate Advances. The Agent will give to each Revolving Lender severally agrees to make loans prompt notice thereof by telex, telecopier or cable. Each Notice of Borrowing shall be by telecopier (or by telephonic notice confirmed in writing by a Notice of Borrowing delivered no later than the close of business on the day on which such telephonic notice is given), specifying therein all matters required by such Notice, including but not limited to the Borrower from time to time, on any Business Day during the Revolving Availability Period, (each such loan, a “Revolving Credit Loan”) requested (i) denominated in Dollars or Borrowing Date, (ii) denominated Credit Facility under which such Borrowing is to be made, (iii) the amount and Type of Advances comprising such Borrowing, (iv) aggregate amount of such Borrowing, and (v) in one or more Foreign Currencies (“Foreign Currency the case of a Borrowing consisting of Eurodollar Rate Advances the initial Interest Period for each such Advance. In the case of a proposed Borrowing comprised of Eurodollar Rate Advances, the Agent shall promptly notify each Lender of the applicable Eurodollar Rate. Each Revolving Credit Loans”), Loan that is a Eurodollar Rate Advance shall be in an aggregate principal amount (based on, of $500,000 or in the case integral multiples of Foreign Currency Revolving Credit Loans, the Dollar Amount of such Foreign Currency Revolving Credit Loans) at any one time $100,000 in excess thereof. The Lenders will have no obligation to make Eurodollar Rate Advances if thereafter there would be outstanding which does not exceed the amount of such Revolving Lender’s Revolving Commitment; provided, further, that, after giving effect to any Revolving Credit Borrowing, (i) the Total Outstandings shall not exceed the Borrowing Base Amount at such time, (ii) the aggregate Revolving Credit Exposure of all Revolving Lenders shall not exceed the Aggregate Revolving Commitments, and (iii) under the Revolving Credit Exposure Facility and the Non-Revolving Credit Facility Eurodollar Rate Advances with Interest Periods that end on more than nine (9) different dates. If the Company fails to specify an Interest Period with respect to a Eurodollar Rate Advance, or fails to specify the Type of any Revolving Advance, or fails to provide any other information required by such Notice as to an Advance, the Company shall be deemed to have selected a Borrowing that is a Base Rate Advance. Each Lender shall not exceed such Revolving Lender’s Revolving Commitment. Within shall, before 1:00 p.m. (Cincinnati time) on the limits Borrowing Date, make available for the account of each Revolving Lender’s Revolving Commitment, and subject its Applicable Lending Office to the other terms Agent at the Agent's Account, in same day funds, such Lender's Ratable Portion of such Borrowing. After the Agent's receipt of such funds and upon fulfillment of the applicable conditions set forth in Section 7 hereof, the Borrower may borrow under this Section 2.01(b), prepay under Section 2.03, and reborrow under this Section 2.01(b). Revolving Credit Loans may be Base Rate Loans or Eurocurrency Rate Loans, as further provided herein. All Foreign Currency Revolving Credit Loans shall be Eurocurrency Loans. Each Revolving Lender that is a party Agent will make such funds available to this Agreement on the Closing Date hereby represents and warrants that, on and as of Company by crediting the Closing Date, it is a “qualified purchaser” (within the meaning of the Investment Company Act of 1940, as amended, and the rules and regulations thereunder) and a “qualified institutional buyer” (within the meaning of Rule 144A under the Securities Act of 1933, as amended)Cash Collateral Account.

Appears in 1 contract

Samples: Reimbursement and Security Agreement (Multi Color Corp)

Revolving Borrowings. Subject to the terms and conditions set forth herein, each Revolving Lender severally agrees to make loans (each such loan, a “Revolving Loan”) to the Borrower Borrowers, in Dollars, from time to time, on any Business Day during the Availability Period for the Revolving Availability Period, (each such loan, a “Revolving Credit Loan”) (i) denominated in Dollars or (ii) denominated in one or more Foreign Currencies (“Foreign Currency Revolving Credit Loans”)Facility, in an aggregate principal amount (based on, in the case of Foreign Currency Revolving Credit Loans, the Dollar Amount of such Foreign Currency Revolving Credit Loans) not to exceed at any one time outstanding which does not exceed the amount of such Revolving Lender’s Revolving Commitment; provided, furtherhowever, that, that after giving effect to any Revolving Credit Borrowing, (i) the Total Revolving Outstandings shall not exceed the Revolving Facility, (ii) the Revolving Exposure of any Lender shall not exceed such Lender’s Commitment, (iii) the Total Outstandings shall not exceed the Borrowing Base Aggregate Commitments plus the Outstanding Amount at such time, (ii) the aggregate Revolving Credit Exposure of all Revolving Lenders shall not exceed the Aggregate Revolving CommitmentsTerm Loans, and (iiiiv) the Revolving Total Credit Exposure of any Revolving Lender shall not exceed such Revolving Lender’s Revolving CommitmentCommitment plus such Lender’s Applicable Percentage of the Term Facility. Within the limits of each Revolving Lender’s Revolving Commitment, and subject to the other terms and conditions hereof, the Borrower Borrowers may borrow under this Section 2.01(b)Revolving Loans, prepay under Section 2.032.05, and reborrow under this Section 2.01(a); provided that the aggregate Outstanding Amount of any Revolving Loans that have been converted to Term Loans in accordance with Section 2.01(b)) (x) shall not be reborrowed once paid or prepaid and (y) shall reduce the Aggregate Commitments in respect of the Revolving Facility on a dollar for dollar basis. Revolving Credit Loans may be Base Rate Loans or Eurocurrency Eurodollar Rate Loans, as further provided herein. All Foreign Currency ; provided, however, any Revolving Credit Loans shall be Eurocurrency Loans. Each Revolving Lender that is a party to this Agreement Borrowings made on the Closing Date hereby represents and warrants that, on and as or any of the three (3) Business Days following the Closing Date, it is Date shall be made as Base Rate Loans unless the Borrowers deliver a “qualified purchaser” Funding Indemnity Letter not less than three (within 3) Business Days prior to the meaning date of the Investment Company Act of 1940, as amended, and the rules and regulations thereunder) and a “qualified institutional buyer” (within the meaning of Rule 144A under the Securities Act of 1933, as amended)such Revolving Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Chase Corp)

Revolving Borrowings. Subject to the terms and conditions set forth herein, each Revolving Lender severally agrees to make loans denominated in Dollars or one or more Alternative Currencies pursuant to Section 2.02 from its applicable Lending Office (each such loan, a “Revolving Loan”) to the Borrower from time to time, on any Business Day during the period, with respect to each Class of the Revolving Availability PeriodFacility, from (x) in the case of the Original Initial Revolving Facility, the Closing Date and (y) in the case of the 2017 Initial Revolving Facility, the Amendment No. 6 Effective Date and (y) in the case of the 2021 Initial Revolving Facility, the Amendment No. 8 Effective Date, in each case, until the Maturity Date with respect to such loan, a “Class of the Revolving Credit Loan”) (i) denominated in Dollars or (ii) denominated in one or more Foreign Currencies (“Foreign Currency Revolving Credit Loans”)Facility, in an aggregate principal amount (based on, in the case of Foreign Currency Revolving Credit Loans, the Dollar Amount of such Foreign Currency Revolving Credit Loans) not to exceed at any one time outstanding which does not exceed the amount of such Revolving Lender’s Revolving CommitmentCommitment under the applicable Class of the Revolving Facility; provided, further, that, provided that after giving effect to any Revolving Credit Borrowing, (ia) (x) the Total Original Initial Revolving Outstandings shall not exceed the Borrowing Base Amount at such time, aggregate Original Initial Revolving Commitments and (iiy) the aggregate Total 2017 Initial Revolving Credit Exposure of all Revolving Lenders Outstandings shall not exceed the Aggregate aggregate 2017 Initial Revolving Commitments, Commitments and (iiiy) the Total 2021 Initial Revolving Credit Exposure Outstandings shall not exceed the aggregate 2021 Initial Revolving Commitments (b) the aggregate principal Dollar Amount of Total Revolving Outstandings denominated in Canadian Dollars will not exceed $25.0 million and (c) the aggregate Outstanding Amount of the Revolving Loans of any Revolving Lender, plus such Lender’s Pro Rata Share or other applicable share provided for under this Agreement of the Outstanding Amount of all L/C Obligations, plus, in the case of each Lender other than the Swing Line Lender, such Lender’s Pro Rata Share or other applicable share provided for under this Agreement of the Outstanding Amount of all Swing Line Loans, shall not exceed such Revolving Lender’s Revolving Commitment. Within the limits of each Revolving Lender’s Revolving Commitment, and subject to the other terms and conditions hereof, the Borrower may borrow under this Section 2.01(b2.01(2), prepay under Section 2.03, 2.05 and reborrow under this Section 2.01(b2.01(2). Revolving Credit Loans may be Base Rate Loans, Eurodollar Rate Loans or Eurocurrency Rate CDOR Loans, as further provided herein. All Foreign Currency Revolving Credit Loans shall be Eurocurrency Loans. Each Revolving Lender that is a party to this Agreement on the Closing Date hereby represents and warrants that, on and as of the Closing Date, it is a “qualified purchaser” (within the meaning of the Investment Company Act of 1940, as amended, and the rules and regulations thereunder) and a “qualified institutional buyer” (within the meaning of Rule 144A under the Securities Act of 1933, as amended).as

Appears in 1 contract

Samples: Credit Agreement (Life Time Group Holdings, Inc.)

Revolving Borrowings. Subject Except as otherwise provided herein, the Company will give the Agent a Notice of Borrowing with respect to each Borrowing under the Revolving Credit Facility, not later than 11:00 a.m. (Cincinnati time) on (a) the Business Day of the proposed Borrowing Date in the case of a Borrowing consisting of Base Rate Advances and (b) three (3) Business Days prior to the terms and conditions set forth hereinproposed Borrowing Date, in the case of a Borrowing consisting of Eurodollar Rate Advances. The Agent will give to each Revolving Lender severally agrees to make loans prompt notice thereof by telex, telecopier or cable. Each Notice of Borrowing shall be by telecopier (or by telephonic notice confirmed in writing by a Notice of Borrowing delivered no later than the close of business on the day on which such telephonic notice is given), specifying therein all matters required by such Notice, including but not limited to the Borrower from time to time, on any Business Day during the Revolving Availability Period, (each such loan, a “Revolving Credit Loan”) requested (i) denominated in Dollars or Borrowing Date, (ii) denominated Credit Facility under which such Borrowing is to be made, (iii) the amount and Type of Advances comprising such Borrowing, (iv) aggregate amount of such Borrowing, and (v) in one or more Foreign Currencies (“Foreign Currency the case of a Borrowing consisting of Eurodollar Rate Advances the initial Interest Period for each such Advance. In the case of a proposed Borrowing comprised of Eurodollar Rate Advances, the Agent shall promptly notify each Lender of the applicable Eurodollar Rate. Each Revolving Credit Loans”), Loan that is a Eurodollar Rate Advance shall be in an aggregate principal amount (based on, of $500,000 or in the case integral multiples of Foreign Currency Revolving Credit Loans, the Dollar Amount of such Foreign Currency Revolving Credit Loans) at any one time $100,000 in excess thereof. The Lenders will have no obligation to make Eurodollar Rate Advances if thereafter there would be outstanding which does not exceed the amount of such Revolving Lender’s Revolving Commitment; provided, further, that, after giving effect to any Revolving Credit Borrowing, (i) the Total Outstandings shall not exceed the Borrowing Base Amount at such time, (ii) the aggregate Revolving Credit Exposure of all Revolving Lenders shall not exceed the Aggregate Revolving Commitments, and (iii) under the Revolving Credit Exposure Facility and the Non-Revolving Credit Facility Eurodollar Rate Advances with Interest Periods that end on more than five (5) different dates. If the Company fails to specify an Interest Period with respect to a Eurodollar Rate Advance, or fails to specify the Type of any Revolving Advance, or fails to provide any other information required by such Notice as to an Advance, the Company shall be deemed to have selected a Borrowing that is a Base Rate Advance. Each Lender shall not exceed such Revolving Lender’s Revolving Commitment. Within shall, before 1:00 p.m. (Cincinnati time) on the limits Borrowing Date, make available for the account of each Revolving Lender’s Revolving Commitment, and subject its Applicable Lending Office to the other terms Agent at the Agent's Account, in same day funds, such Lender's Ratable Portion of such Borrowing. After the Agent's receipt of such funds and upon fulfillment of the applicable conditions set forth in Section 7 hereof, the Borrower may borrow under this Section 2.01(b), prepay under Section 2.03, and reborrow under this Section 2.01(b). Revolving Credit Loans may be Base Rate Loans or Eurocurrency Rate Loans, as further provided herein. All Foreign Currency Revolving Credit Loans shall be Eurocurrency Loans. Each Revolving Lender that is a party Agent will make such funds available to this Agreement on the Closing Date hereby represents and warrants that, on and as of Company by crediting the Closing Date, it is a “qualified purchaser” (within the meaning of the Investment Company Act of 1940, as amended, and the rules and regulations thereunder) and a “qualified institutional buyer” (within the meaning of Rule 144A under the Securities Act of 1933, as amended)Cash Collateral Account.

Appears in 1 contract

Samples: Credit Agreement (Multi Color Corp)

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