Common use of Revolving Borrowings Clause in Contracts

Revolving Borrowings. Subject to the terms and conditions set forth herein, each Revolving Lender severally agrees (i) as of the Closing Date to rollover and convert all Existing Revolving Loans on a dollar-for-dollar basis as and into “Revolving Loans” hereunder (all such Loans, “Rollover Revolving Loans”) and (ii) to make loans (each such loan (including, without limitation and for the avoidance of doubt, the Rollover Revolving Loans), a “Revolving Loan”) to the Borrower, in Dollars or in one or more Alternative Currencies, from time to time, on any Business Day during the Availability Period, in an aggregate amount not to exceed at any time outstanding the amount of such Xxxxxx’s Revolving Commitment; provided, however, that after giving effect to any Revolving Borrowing, (i) the Total Revolving Outstandings shall not exceed the Revolving Facility, (ii) the Revolving Exposure of any Lender shall not exceed such Revolving Lender’s Revolving Commitment and (iii) the aggregate Outstanding Amount of all Loans denominated in Alternative Currencies shall not exceed the Alternative Currency Sublimit. Within the limits of each Revolving Xxxxxx’s Revolving Commitment, and subject to the other terms and conditions hereof, the Borrower may borrow Revolving Loans, prepay under Section 2.05, and reborrow under this Section 2.01(b). Revolving Loans may be Base Rate Loans or Term SOFR Loans, as further provided herein, provided that Alternative Currency Loans will be Alternative Daily Rate Loans or Alternative Currency Term Rate Loans; provided, however, any Revolving 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.

Appears in 1 contract

Samples: Credit Agreement (Morningstar, Inc.)

AutoNDA by SimpleDocs

Revolving Borrowings. Subject to the terms and conditions set forth herein, each Revolving Lender severally agrees (i) as of the Closing Date to rollover and convert all Existing Revolving Loans on a dollar-for-dollar basis as and into “Revolving Loans” hereunder (all such Loans, “Rollover Revolving Loans”) and (ii) to make loans denominated in Dollars from its applicable Lending Office (each such loan (including, without limitation and for the avoidance of doubt, the Rollover Revolving Loans)loan, a “Revolving Loan”) to the Borrower, in Dollars or in one or more Alternative Currencies, Borrower from time to time, on any Business Day during the Availability Periodperiod from the Closing Date until the Maturity Date for the applicable Revolving Commitment, in an aggregate principal amount not to exceed at any time outstanding the amount of such XxxxxxLender’s Revolving Commitment; provided, however, provided that after giving effect to any Revolving Borrowing, (i) the Total Revolving Outstandings shall not exceed the Revolving Facility, (ii) the Revolving Exposure of any Lender shall not exceed such Revolving Lender’s Revolving Commitment and (iii) the aggregate Outstanding Amount of the Revolving Loans of any Lender plus such Lender’s Applicable Percentage of the Outstanding Amount of all Loans denominated in Alternative Currencies L/C Obligations shall not exceed the Alternative Currency Sublimitsuch Lender’s Revolving Commitment. Within the limits of each Revolving XxxxxxLender’s Revolving Commitment, and subject to the other terms and conditions hereof, the Borrower may borrow Revolving Loansunder this Section 2.01(2), prepay under Section 2.05, 2.05 and reborrow under this Section 2.01(b2.01(2). Revolving Loans may be Base Rate Loans or Term SOFR Eurodollar Rate Loans, as further provided herein. In accordance with the requirements of Section 2.16(2), provided that Alternative Currency Loans will be Alternative Daily Rate Loans or Alternative Currency Term Rate Loans; providedsubject to Section 2.03(13), however, any Revolving all Borrowings made on and repayments under the Closing Date or any of Revolving Facility and the three (3) Business Days following 2020 Extended Revolving Facility prior to the Closing Original Revolving Facility Maturity Date shall be made as Base Rate Loans unless on a pro rata basis (except, in the Borrower delivers case of repayments, for (a) payments of interest at different rates on 2020 Extended Revolving Loans, (b) repayments required under the Closing Date Revolving Facility on the Original Revolving Facility Maturity Date, (c) repayments made in connection with any refinancing of the Closing Date Revolving Facility or the 2020 Extended Revolving Facility and (d) repayments made in connection with a Funding Indemnity Letter not less than three (3) Business Days prior to permanent repayment and termination of the date of such Commitments under the Closing Date Revolving BorrowingFacility or the 2020 Extended Revolving Commitments).

Appears in 1 contract

Samples: First Lien Credit Agreement (McAfee Corp.)

Revolving Borrowings. (i) Subject to the terms and conditions set forth herein, each Revolving Lender holding Initial Revolving Commitments severally agrees (i) as of the Closing Date to rollover and convert all Existing Revolving Loans on a dollar-for-dollar basis as and into “Revolving Loans” hereunder (all such Loans, “Rollover Revolving Loans”) and (ii) to make revolving loans (each such loan (including, without limitation and for the avoidance of doubt, the Rollover Revolving Loans)loan, a “Initial Revolving Loan”) to the Borrower, in Dollars or in one or more Alternative CurrenciesDollars, from time to time, on any Business Day during the Availability PeriodPeriod for the Revolving Facility under the Initial Revolving Commitments, in an aggregate amount not to exceed at any time outstanding the amount of such XxxxxxLender’s Initial Revolving Commitment; provided, however, that after giving effect to any such Revolving Borrowing, (i) the Total Revolving Outstandings with respect to the Initial Revolving Commitments shall not exceed the aggregate Initial Revolving Facility, Commitments and (ii) the Revolving Exposure with respect to the Initial Revolving Commitments of any Lender shall not exceed such Revolving Lender’s Initial Revolving Commitment Commitment. Each Revolving Borrowing shall consist of Revolving Loans made simultaneously by the Revolving Lenders in accordance with their respective Applicable Revolving Percentage with respect to the Initial Revolving Commitments; provided, on and (iii) after the Second Amendment Effective Date, no Revolving Lender shall have any obligation to make any Initial Revolving Loan if the aggregate Outstanding Amount principal amount of all Initial Revolving Loans denominated in Alternative Currencies shall not made from and after the Second Amendment Effective Date (after giving effect to such Credit Extension) would exceed the Alternative Currency Sublimit$25,000,000. Within the limits of each Revolving Xxxxxx’s Revolving Commitmentforegoing limits, and subject to the other terms and conditions hereof, the Borrower may borrow Revolving Loans, prepay under Section 2.05, and reborrow under this Section 2.01(b). Revolving Loans may be Base Rate Loans or Term SOFR Loans, as further provided herein, provided that Alternative Currency Loans will be Alternative Daily Rate Loans or Alternative Currency Term Rate Loans; provided, however, any Revolving Borrowings Borrowing made on the Closing Date or any of the within three (3) Business Days following the Closing Date shall be made as Base Rate Loans unless the Borrower delivers a Funding Indemnity Letter customary funding indemnity letter reasonably acceptable to the Administrative Agent not less than three (3) Business Days prior to the date of such Revolving Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Sunpower Corp)

Revolving Borrowings. Subject to the terms and conditions set forth herein, each Revolving Lender severally agrees (i) as of the Closing Date to rollover and convert all Existing Revolving Loans on a dollar-for-dollar basis as and into “Revolving Loans” hereunder (all such Loans, “Rollover Revolving Loans”) and (ii) to make loans (each such loan (including, without limitation and for the avoidance of doubt, the Rollover Revolving Loans), a “Revolving Loan”) to the Borrower, in Dollars or in one or more Alternative Currencies, from time to time, on any Business Day during the Availability Period, in an aggregate amount not to exceed at any time outstanding the amount of such XxxxxxLender’s Revolving Commitment; provided, however, that after giving effect to any Revolving Borrowing, (i) the Total Revolving Outstandings shall not exceed the Revolving Facility, (ii) the Revolving Exposure of any Lender shall not exceed such Revolving Lender’s Revolving Commitment and (iii) the aggregate Outstanding Amount of all Loans denominated in Alternative Currencies shall not exceed the Alternative Currency Sublimit. Within the limits of each Revolving XxxxxxLender’s Revolving Commitment, and subject to the other terms and conditions hereof, the Borrower may borrow Revolving Loans, prepay under Section 2.05, and reborrow under this Section 2.01(b). Revolving Loans may be Base Rate Loans or Term SOFR Loans, as further provided herein, provided that Alternative Currency Loans will be Alternative Daily Rate Loans or Alternative Currency Term Rate Loans; provided, however, any Revolving 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.

Appears in 1 contract

Samples: Credit Agreement (Morningstar, Inc.)

Revolving Borrowings. Subject to the terms and conditions set forth hereinherein (including without limitation, as set out in Section 2.01(c) below), each Revolving Lender severally agrees (i) as of the Closing Date to rollover and convert all Existing Revolving Loans on a dollar-for-dollar basis as and into “Revolving Loans” hereunder (all such Loans, “Rollover Revolving Loans”) and (ii) to make loans (each such loan (including, without limitation and for the avoidance of doubt, the Rollover Revolving Loans)loan, a “Revolving Loan”) to the Borrower, in Dollars or in one or more Alternative CurrenciesDollars, from time to time, on any Business Day during the Availability Period, in an aggregate amount not to exceed at any time outstanding the amount of such XxxxxxLender’s Revolving Commitment; provided, provided however, that after giving effect to any Revolving Borrowing, (i) the Total Revolving Outstandings shall not exceed the difference of the Revolving FacilityFacility minus the Specified Reserve, and (ii) the Revolving Exposure of any Lender shall not exceed such Revolving Lender’s Revolving Commitment and (iii) the aggregate Outstanding Amount of all Loans denominated in Alternative Currencies shall not exceed the Alternative Currency SublimitCommitment. Within the limits of each Revolving XxxxxxLender’s Revolving Commitment, and subject to the other terms and conditions hereof, the Borrower may borrow Revolving Loans, prepay under Section 2.05, and reborrow under this Section 2.01(bsubsection (b). Revolving Loans may be Base LIBOR Daily Floating Rate Loans or Term SOFR Eurodollar Rate Loans, as further provided herein, ; provided that Alternative Currency Loans will be Alternative Daily Rate Loans or Alternative Currency Term Rate Loans; provided, however, any Revolving Borrowings made on the Closing Date or any of the three (3) Business Days following the Closing Date shall be made as Base LIBOR Daily Floating 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. Commencing with the First Amendment Closing Date (after giving effect to the Loans being made or deemed made on the First Amendment Closing Date), the Borrower hereby acknowledges and agrees that the Administrative Agent has established the Specified Reserve. If the proceeds of a Revolving Borrowing are being used to pay monetary obligations awarded under the Inmarsat Dispute, then the Specified Reserve shall be released concurrently with the Loan Notice for such Revolving Borrowing. In addition, the Specified Reserve will be terminated and released in the event of either (i) the Agent’s receipt of an Inmarsat Dispute Payment Notice (and verification by the Agent that such payment was made), or (ii) the date that the Administrative Agent terminates and releases in writing such reserve.

Appears in 1 contract

Samples: Credit Agreement (RigNet, Inc.)

Revolving Borrowings. Subject to the terms and conditions set forth herein, each Revolving Credit Lender severally agrees (i) as of the Closing Date to rollover and convert all Existing Revolving Loans on a dollar-for-dollar basis as and into “Revolving Loans” hereunder (all such Loans, “Rollover Revolving Loans”) and (ii) to make loans (each such loan (including, without limitation and for the avoidance of doubt, the Rollover Revolving Loans)loan, a “Revolving Credit Loan”) to the BorrowerBorrowers, in Dollars or in one or more Alternative Currencies, from time to time, on any Business Day during the Availability Period, in an aggregate amount not to exceed at any time outstanding the amount of such XxxxxxLender’s Revolving Credit Commitment; provided, however, that after giving effect to any Revolving Borrowing, (i) the Total Revolving Outstandings shall not exceed the Revolving Credit Facility, (ii) the Revolving Credit Exposure of any Lender shall not exceed such Revolving Credit Lender’s Revolving Commitment Credit Commitment, (iii) the aggregate Outstanding Amount of all Loans made to the German Borrower shall not exceed the German Borrower Sublimit, (iv) the aggregate Outstanding Amount of all Loans made to the Spanish Borrower shall not exceed the Spanish Borrower Sublimit, (v) the aggregate Outstanding Amount of all Loans made to the UK Borrower shall not exceed the UK Borrower Sublimit, and (iiivi) the aggregate Outstanding Amount of all Loans denominated in Alternative Currencies shall not exceed the Alternative Currency Sublimit. Within the limits of each Revolving XxxxxxCredit Lender’s Revolving Credit Commitment, and subject to the other terms and conditions hereof, the Borrower Borrowers may borrow Revolving Credit Loans, prepay under Section 2.05, and reborrow under this Section 2.01(b2.01(a). Revolving Credit Loans may be Base Rate Loans or Term SOFR Loans, as further provided herein, provided that Alternative Currency Loans will be Alternative Daily Rate Loans or Alternative Currency Term Rate Loans; provided, however, any Revolving Borrowings Credit Loans made on the Closing Date or any of the three (3) Business Days following the Closing Date shall be made as Base Rate Loans by the Company unless the Borrower delivers Borrowers deliver a Funding Indemnity Letter funding indemnity letter in form, substance and pursuant to documentation acceptable to the Administrative Agent not less than three (3) Business Days prior to the date of such Revolving Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Copart Inc)

AutoNDA by SimpleDocs

Revolving Borrowings. Subject to the terms and conditions set forth herein, each Revolving Lender severally agrees (i) as of the Closing Date to rollover and convert all Existing Revolving Loans on a dollar-for-dollar basis as and into “Revolving Loans” hereunder (all such Loans, “Rollover Revolving Loans”) and (ii) to make loans (each such loan (including, without limitation and for the avoidance of doubt, the Rollover Revolving Loans)loan, a “Revolving Loan”) to the BorrowerBorrowers, in Dollars or in one or more Alternative CurrenciesDollars, from time to time, on any Business Day during the Availability PeriodPeriod for the Revolving Facility, in an aggregate amount not to exceed at any time outstanding the amount of such XxxxxxLender’s Revolving Commitment; provided, however, that after giving effect to any Revolving Borrowing, (i) the Total Revolving Outstandings shall not exceed the Revolving Facility, (ii) the Revolving Exposure of any Lender shall not exceed such Revolving Lender’s Revolving Commitment and Commitment, (iii) the aggregate Total Outstandings shall not exceed the Aggregate Commitments plus the Outstanding Amount of all Loans denominated in Alternative Currencies Term Loans, and (iv) the Total Credit Exposure of any Lender shall not exceed such Lender’s Commitment plus such Lender’s Applicable Percentage of the Alternative Currency SublimitTerm Facility. Within the limits of each Revolving XxxxxxLender’s Revolving Commitment, and subject to the other terms and conditions hereof, the Borrower Borrowers may borrow Revolving Loans, prepay under Section 2.05, 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 Loans may be Base Rate Loans or Term SOFR Eurodollar Rate Loans, as further provided herein, provided that Alternative Currency Loans will be Alternative Daily Rate Loans or Alternative Currency Term Rate Loans; provided, however, any Revolving 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 Borrowers deliver a Funding Indemnity Letter not less than three (3) Business Days prior to the date of 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 (i) as of the Closing Date to rollover and convert all Existing Revolving Loans on a dollar-for-dollar basis as and into “Revolving Loans” hereunder (all such Loans, “Rollover Revolving Loans”) and (ii) 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 (including, without limitation and for the avoidance of doubt, the Rollover Revolving Loans)loan, a “Revolving Loan”) to the Borrower, in Dollars or in one or more Alternative Currencies, Borrower from time to time, on any Business Day during the Availability Periodperiod from, with respect to each Class of the Revolving Facility, 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, in each case, until the Maturity Date with respect to such Class of the Revolving Facility, in an aggregate amount principal Dollar Amount not to exceed at any time outstanding the amount of such XxxxxxLender’s Revolving CommitmentCommitment under the applicable Class of the Revolving Facility; provided, however, provided that after giving effect to any Revolving Borrowing, (ia) (x) the Total Original Initial Revolving Outstandings shall not exceed the aggregate Original Initial Revolving Facility, Commitments and (iiy) the Total 2017 Initial Revolving Exposure of any Lender Outstandings shall not exceed such the aggregate 2017 Initial Revolving Lender’s Commitments (b) the aggregate principal Dollar Amount of Total Revolving Commitment Outstandings denominated in Canadian Dollars will not exceed $25.0 million and (iiibc) 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 Loans denominated L/C Obligations, plus, in Alternative Currencies 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 the Alternative Currency Sublimitsuch Lender’s Revolving Commitment. Within the limits of each Revolving XxxxxxLender’s Revolving Commitment, and subject to the other terms and conditions hereof, the Borrower may borrow Revolving Loansunder this Section 2.01(2), prepay under Section 2.05, 2.05 and reborrow under this Section 2.01(b2.01(2). Revolving Loans may be Base Rate Loans, Eurodollar Rate Loans or Term SOFR CDOR Loans, as further provided herein. For the avoidance of doubt, provided the parties hereto agree that Alternative Currency Loans will be Alternative Daily Rate Loans or Alternative Currency Term Rate Loans; provided, however, any each Revolving Borrowing (including Revolving Borrowings made on the Closing Date or any of the three (3pursuant to Section 2.04(3)) Business Days following the Closing Date shall be made as Base Rate Loans unless the Borrower delivers on a Funding Indemnity Letter not less than three (3) Business Days prior to the date ratable basis among all Classes of such Revolving BorrowingCommitments 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 (i) as of the Closing Date to rollover and convert all Existing Revolving Loans on To request a dollar-for-dollar basis as and into “Revolving Loans” hereunder (all such Loans, “Rollover Revolving Loans”) and (ii) to make loans (each such loan (including, without limitation and for the avoidance of doubt, the Rollover Revolving Loans), a “Revolving Loan”) to the Borrower, in Dollars or in one or more Alternative Currencies, from time to time, on any Business Day during the Availability Period, in an aggregate amount not to exceed at any time outstanding the amount of such Xxxxxx’s Revolving Commitment; provided, however, that after giving effect to any Revolving Borrowing, the Borrower shall notify the Administrative Agent of such request by telephone not later than 10:00 a.m., New York City time, four Business Days before the date of the proposed Revolving Borrowing. Each such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing Request in substantially the form of Exhibit B-1 and signed by the Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02: (i) the Total aggregate amount of the requested Revolving Outstandings shall not exceed the Revolving Facility, Borrowing; (ii) the Revolving Exposure of any Lender shall not exceed such Revolving Lender’s Revolving Commitment and (iii) the aggregate Outstanding Amount of all Loans denominated in Alternative Currencies shall not exceed the Alternative Currency Sublimit. Within the limits of each Revolving Xxxxxx’s Revolving Commitment, and subject to the other terms and conditions hereof, the Borrower may borrow Revolving Loans, prepay under Section 2.05, and reborrow under this Section 2.01(b). Revolving Loans may be Base Rate Loans or Term SOFR Loans, as further provided herein, provided that Alternative Currency Loans will be Alternative Daily Rate Loans or Alternative Currency Term Rate Loans; provided, however, any Revolving 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, which shall be a Business Day; (iii) the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term "Interest Period"; (iv) the amount of the then effective Borrowing Base, the current total Revolving Exposures (without regard to the requested Borrowing) and the pro forma total Revolving Exposures (giving effect to the requested Borrowing); and (v) the location and number of the Borrower's account to which funds are to be disbursed, which shall comply with the requirements of Section 2.05. If no Interest Period is specified, then the Borrower shall be deemed to have selected an Interest Period of one month's duration. Each Borrowing Request shall constitute a representation that the amount of the requested Revolving Borrowing shall not cause the total Revolving Exposures to exceed the lesser of the Commitments and the then-effective Borrowing Base. Promptly following receipt of a Borrowing Request in accordance with this Section 2.03(a), the Administrative Agent shall advise each Revolving Lender of the details thereof and of the amount of such Revolving Lender's Revolving Loan to be made as part of the requested Revolving Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Dune Energy Inc)

Time is Money Join Law Insider Premium to draft better contracts faster.