Common use of Revolving Commitment Clause in Contracts

Revolving Commitment. Subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth herein, each Lender severally agrees to make available to the Borrower such Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANS") from time to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDED, HOWEVER, that the sum of the aggregate outstanding principal amount of Revolving Loans shall not exceed ONE HUNDRED MILLION DOLLARS ($100,000,000) (as such aggregate maximum amount may be reduced from time to time as provided in Section 3.4, the "REVOLVING COMMITTED AMOUNT"); PROVIDED, FURTHER, (A) with regard to each Lender individually, such Lender's outstanding Revolving Loans shall not exceed such Lender's Revolving Commitment Percentage of the Revolving Committed Amount, and (B) the sum of the aggregate outstanding principal amount of Revolving Loans PLUS LOC Obligations PLUS Swingline Loans shall not exceed the Revolving Committed Amount. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Base Rate Loans or Eurodollar Loans, or a combination thereof, as the Borrower may request; PROVIDED, HOWEVER, that no more than 15 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof.

Appears in 3 contracts

Samples: Credit Agreement (Mg Waldbaum Co), Credit Agreement (Michael Foods Inc /Mn), Credit Agreement (Mg Waldbaum Co)

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Revolving Commitment. Subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth herein, each Revolving Lender severally agrees to make available to the Borrower such Lender's Revolving Commitment Percentage of revolving credit loans requested by (“Revolving Loans”) to the Borrower in Dollars ("REVOLVING LOANS") Borrowers from time to time from the Closing Effective Date until the Maturity Termination Date, or such earlier date as the Revolving Commitments shall have been terminated as provided hereinherein for the purposes hereinafter set forth (provided, that, all Revolving Loans made prior to the Effective Time (as defined in the Merger Agreement) shall be made to Speedway Funding); PROVIDEDprovided, HOWEVERhowever, that (x) the sum of the aggregate outstanding principal amount of outstanding Revolving Loans at any time shall not exceed the Revolving Committed Amount and (y) the sum of the aggregate principal amount of outstanding Revolving Loans on the Effective Date shall not exceed $20,000,000 (which outstanding amount shall result only from borrowings of Revolving Loans the proceeds of which are used to finance the Offer (as defined in the Merger Agreement) and for fees and expenses related to the Merger); provided, further, (i) with regard to each Revolving Lender individually, such Lender’s share of outstanding Revolving Obligations shall not exceed such Lender’s Revolving Commitment Percentage of the Revolving Committed Amount and (ii) with regard to the Revolving Lenders collectively, the aggregate principal amount of outstanding Revolving Obligations shall not exceed ONE HUNDRED MILLION DOLLARS ($100,000,000) (as such aggregate maximum amount may be reduced from time to time be increased pursuant to Section 2.6 or reduced as provided in Section 3.4, the "REVOLVING COMMITTED AMOUNT"3.3); PROVIDED, FURTHER, (A) with regard to each Lender individually, such Lender's outstanding Revolving Loans shall not exceed such Lender's Revolving Commitment Percentage of the Revolving Committed Amount, and (B) the sum of the aggregate outstanding principal amount of Revolving Loans PLUS LOC Obligations PLUS Swingline Loans shall not exceed the Revolving Committed Amount. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Base Rate Loans or Eurodollar Loans, or a combination thereof, as the Borrower Borrowers may requestrequest and may be repaid and reborrowed in accordance with the provisions hereof; PROVIDEDprovided, HOWEVERhowever, that no more than 15 six Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for with respect to Revolving Loans. For purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same datedate and have the same duration, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof.

Appears in 3 contracts

Samples: Credit Agreement (Speedway Motorsports LLC), Credit Agreement (Speedway Motorsports LLC), Credit Agreement (Speedway Motorsports Inc)

Revolving Commitment. Subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth herein, each Revolving Lender severally agrees to make available to the Borrower such Revolving Lender's Revolving ’s Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANS"“Revolving Loans”) from time to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDEDprovided, HOWEVERhowever, that the sum of the aggregate outstanding principal amount of Revolving Loans shall not exceed ONE FOUR HUNDRED MILLION DOLLARS ($100,000,000400,000,000) (as such aggregate maximum amount may be increased in accordance with Section 2.7 or reduced from time to time as provided in Section 3.4, the "REVOLVING COMMITTED AMOUNT"“Revolving Committed Amount”); PROVIDEDprovided, FURTHERfurther, (A) with regard to each Revolving Lender individually, such Revolving Lender's outstanding ’s Revolving Loans Credit Exposure shall not exceed such Revolving Lender's ’s Revolving Commitment Percentage of the Revolving Committed AmountCommitment, and (B) the sum of the aggregate outstanding principal amount of Revolving Loans PLUS plus LOC Obligations PLUS plus Swingline Loans shall not exceed the Revolving Committed Amount. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Base Rate Loans or Eurodollar Loans, or a combination thereof, as the Borrower may request; PROVIDEDprovided, HOWEVERhowever, that no more than 15 six (6) Eurodollar Loans which are Revolving Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof.

Appears in 3 contracts

Samples: Credit Agreement (Amn Healthcare Services Inc), Credit Agreement (Amn Healthcare Services Inc), Credit Agreement (Amn Healthcare Services Inc)

Revolving Commitment. Subject During the Commitment Period, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Revolving Lender severally severally, but not jointly, agrees to make available revolving credit loans in Dollars (“Revolving Loans”) to the Borrower such Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANS") from time to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDED, HOWEVER, that the sum of the in an aggregate outstanding principal amount of Revolving Loans shall not exceed ONE up to FORTY-FOUR MILLION SEVEN HUNDRED MILLION FIFTY THOUSAND DOLLARS ($100,000,00044,750,000) (as increased from time to time as provided in Section 2.1(f) and as such aggregate maximum amount may be reduced from time to time as provided in Section 3.42.6, the "REVOLVING COMMITTED AMOUNT")“Revolving Committed Amount”) for the purposes hereinafter set forth; PROVIDEDprovided, FURTHERhowever, that (Ai) with regard to each Revolving Lender individually, the sum of such Revolving Lender's outstanding Revolving Loans shall not exceed such Lender's ’s Revolving Commitment Percentage of the aggregate principal amount of outstanding Revolving Committed Amount, Loans plus such Revolving Lender’s Revolving Commitment Percentage of outstanding Swingline Loans plus such Revolving Lender’s Revolving Commitment Percentage of outstanding LOC Obligations shall not exceed such Revolving Lender’s Revolving Commitment and (Bii) with regard to the Revolving Lenders collectively, the sum of the aggregate outstanding principal amount of outstanding Revolving Loans PLUS plus outstanding Swingline Loans plus outstanding LOC Obligations PLUS Swingline Loans shall not exceed the Revolving Committed AmountAmount then in effect. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Alternate Base Rate Loans or Eurodollar LIBOR Rate Loans, or a combination thereof, as the Borrower may request; PROVIDED, HOWEVER, that no more than 15 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof; provided, however, the Revolving Loans made on the Closing Date or any of the three (3) Business Days following the Closing Date, may only consist of Alternate Base Rate Loans unless the Borrower delivers a funding indemnity letter, substantially in the form of Exhibit 2.1(a), reasonably acceptable to the Administrative Agent not less than three (3) Business Days prior to the Closing Date. LIBOR Rate Loans shall be made by each Revolving Lender at its LIBOR Lending Office and Alternate Base Rate Loans at its Domestic Lending Office.

Appears in 3 contracts

Samples: Credit Agreement (Osi Systems Inc), Credit Agreement (Osi Systems Inc), Credit Agreement (Osi Systems Inc)

Revolving Commitment. Subject Prior to the Commitment Termination Date, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Lender severally agrees to make available revolving credit loans in Dollars or in any Alternative Currency to the Borrower such Lender's (“Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANS"Loans”) from time to time from for the Closing Date until the Maturity Datepurposes hereinafter set forth; provided, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDED, HOWEVERhowever, that (i) with regard to each Lender individually, the sum of the aggregate such Lender’s share of outstanding principal amount Revolving Loans, plus such Lender’s Commitment Percentage of Revolving Loans outstanding Swingline Loans, plus such Lender’s Commitment Percentage of LOC Obligations shall not exceed ONE such Lender’s Commitment Percentage of the aggregate Committed Amount, and (ii) with regard to the Lenders collectively, the Advances Outstanding shall not exceed the aggregate Committed Amount then in effect. For purposes hereof, the aggregate amount available hereunder shall be NINE HUNDRED MILLION DOLLARS ($100,000,000900,000,000.00) (as such aggregate maximum amount may be reduced from time to time as provided in Section 3.42.6, the "REVOLVING COMMITTED AMOUNT"“Committed Amount”) (for the avoidance of doubt, the Committed Amount of any Lender or Class of Lenders shall mean the aggregate Commitments of such Lender or Class of Lenders); PROVIDEDprovided, FURTHERhowever, (A) with regard to each Lender individually, such Lender's that the aggregate principal amount of all outstanding Revolving Loans shall not exceed such Lender's Revolving Commitment Percentage of the Revolving Committed Amount, and (B) the sum of the aggregate outstanding principal amount of Revolving Loans PLUS LOC Obligations PLUS Swingline Loans in Alternative Currencies shall not exceed the Revolving Committed AmountAlternative Currency Sub Limit. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans denominated in Dollars may consist of Alternate Base Rate Loans or Eurodollar EURIBOR/LIBOR Rate Loans, or a combination thereof, as the Initial Borrower may request, and may be repaid and reborrowed in accordance with the provisions hereof. Revolving Loans denominated in any Alternative Currency may consist of Alternate Base Rate Loans or EURIBOR/LIBOR Rate Loans, or a combination thereof, as the Borrower may request; PROVIDED, HOWEVER, that no more than 15 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof. Notwithstanding the foregoing, any Revolving Loans made on the Closing Date or on either of the two Business Days immediately following the Closing Date may only consist of Alternate Base Rate Loans denominated in Dollars. Any Loans denominated in Dollars shall be made by each Lender at its Domestic Lending Office and any Loans denominated in any Alternative Currency shall be made by each Lender at its EURIBOR/LIBOR Lending Office.

Appears in 2 contracts

Samples: Credit Agreement (Capitalsource Inc), Credit Agreement (Capitalsource Inc)

Revolving Commitment. Subject Prior to the Commitment Termination Date, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Lender severally agrees to make available revolving credit loans in Dollars or in any Alternative Currency to the Borrower such Lender's (“Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANS"Loans”) from time to time from for the Closing Date until the Maturity Datepurposes hereinafter set forth; provided, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDED, HOWEVERhowever, that (i) with regard to each Lender individually, the sum of the aggregate such Lender’s share of outstanding principal amount Revolving Loans, plus such Lender’s Commitment Percentage of Revolving Loans outstanding Swingline Loans, plus such Lender’s Commitment Percentage of LOC Obligations shall not exceed ONE such Lender’s Commitment Percentage of the aggregate Committed Amount, and (ii) with regard to the Lenders collectively, the Advances Outstanding shall not exceed the aggregate Committed Amount then in effect. For purposes hereof, the aggregate amount available hereunder shall be FIVE HUNDRED FORTY-FIVE MILLION DOLLARS ($100,000,000545,000,000.00) (as such aggregate maximum amount may be (A) increased from time to time as provided in Section 2.2, and (B) reduced from time to time as provided in Section 3.42.6, the "REVOLVING COMMITTED AMOUNT"“Committed Amount”); PROVIDEDprovided, FURTHERhowever, (A) with regard to each Lender individually, such Lender's that the aggregate principal amount of all outstanding Revolving Loans and LOC Obligations in Alternative Currencies shall not exceed such Lender's Revolving Commitment Percentage thirty percent (30%) of the Revolving Committed Amount, and Amount (B) the sum of the aggregate outstanding principal amount of “Alternative Currency Sub Limit”). Revolving Loans PLUS LOC Obligations PLUS Swingline Loans shall not exceed the Revolving Committed Amount. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans denominated in Dollars may consist of Alternate Base Rate Loans or Eurodollar EURIBOR/LIBOR Rate Loans, or a combination thereof, as the Initial Borrower may request, and may be repaid and reborrowed in accordance with the provisions hereof. Revolving Loans denominated in any Alternative Currency may consist of Alternate Base Rate Loans or EURIBOR/LIBOR Rate Loans, or a combination thereof, as the Borrower may request; PROVIDED, HOWEVER, that no more than 15 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof. Notwithstanding the foregoing, any Revolving Loans made on the Closing Date or on either of the two Business Days immediately following the Closing Date may only consist of Alternate Base Rate Loans denominated in Dollars. Any Loans denominated in Dollars shall be made by each Lender at its Domestic Lending Office and any Loans denominated in any Alternative Currency shall be made by each Lender at its EURIBOR/LIBOR Lending Office.

Appears in 2 contracts

Samples: Credit Agreement (Capitalsource Inc), Credit Agreement (Capitalsource Inc)

Revolving Commitment. Subject During the Commitment Period, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Lender severally agrees to make available revolving loans (the "Revolving Loans"; such Revolving Loans to include Non-Ratable Loans made by Bank of America pursuant to Section 2.7(e)) to the Borrower Borrowers in the amount of such Lender's Revolving Commitment Percentage of revolving credit loans requested by such Revolving Loans for the Borrower in Dollars purposes hereinafter set forth; provided that ("REVOLVING LOANS"i) from time with regard to time from the Closing Date until the Maturity DateLenders collectively, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDED, HOWEVER, that the sum of the aggregate outstanding principal amount of Revolving Loans Obligations (excluding Discretionary Over-Advances) at any time shall not exceed ONE HUNDRED MILLION DOLLARS ($100,000,000) (as such aggregate maximum amount may be reduced from time to time as provided in Section 3.4, the "REVOLVING COMMITTED AMOUNT"); PROVIDED, FURTHER, lesser of (A) the Aggregate Revolving Commitment Amount or (B) the Borrowing Base, and (ii) with regard to each Lender individually, such Lender's outstanding Revolving Loans Commitment Percentage of Obligations (excluding Discretionary Over-Advances) at any time shall not exceed the lesser of (A) such Lender's Revolving Committed Amount or (B) such Lender's Revolving Commitment Percentage of the Borrowing Base. Notwithstanding the foregoing, the Agent may make Revolving Committed Loans in its discretion ("Discretionary Over-Advances") for and on behalf of the Lenders in an aggregate principal amount outstanding at any time not to exceed $5,000,000, even though (1) a Default or Event of Default then exists and has not been waived or cured, (2) the other conditions to Extensions of Credit under Section 4.2 have not or cannot be satisfied, or (3) after giving effect thereto, the Obligations then outstanding will be in excess of the Borrowing Base (but not in excess of the Aggregate Revolving Commitment Amount), if in the reasonable business judgment of the Agent, such advances are necessary or advisable for the protection or preservation of the Collateral or in order to improve the likelihood of repayment of the Total Obligations (including financing working capital needs). The Agent will give prompt notice to the Lenders of any Discretionary Over-Advances and the circumstances giving rise thereto, and (B) each Lender will promptly reimburse the sum Agent for its ratable share of such advance. The right and ability of the aggregate outstanding principal amount of Revolving Loans PLUS LOC Obligations PLUS Swingline Loans shall not exceed Agent to make Discretionary Over-Advances hereunder are subject to revocation by written notice to the Revolving Committed AmountAgent from the Required Lenders. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Base Rate Loans or Eurodollar Loans, or a combination thereof, as the Borrower Borrowers may request; PROVIDED, HOWEVER, that no more than 15 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof.

Appears in 2 contracts

Samples: Credit Agreement (Friedmans Inc), Credit Agreement (Friedmans Inc)

Revolving Commitment. Subject During the Commitment Period, subject to the -------------------- terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Lender severally agrees to make available revolving credit loans (the "Revolving loans") to the Borrower from time to time in the --------------- amount of such Lender's Revolving Commitment Percentage of revolving credit loans requested by such Revolving Loans for the Borrower purposes hereinafter set forth; provided that Revolving Loans hereunder -------- shall be available (and existing Revolving Loans may be extended and renewed) only if and where the Existing Credit Agreement shall be fully drawn upon and there shall be no remaining availability thereunder (that is, the liquidity facility established hereby shall be in Dollars the nature of an overadvance line); and provided further that ("REVOLVING LOANS"i) from time with regard to time from the Closing Date until the Maturity DateLenders collectively, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDED, HOWEVER, that the sum of the aggregate outstanding -------- ------- principal amount of Revolving Loans Obligations outstanding at any time shall not exceed the lesser of (A) ONE HUNDRED MILLION DOLLARS ($100,000,000) (as such aggregate maximum amount may be reduced from time to time as provided in Section 3.4referenced on Schedule 2.1(a), the "REVOLVING COMMITTED AMOUNTRevolving Committed Amount") or (B) until the -------------- -------------------------- Security Release Date relating to inventory (but not thereafter); PROVIDED, FURTHERthe Borrowing Base, and (Aii) with regard to each Lender individually, such Lender's Revolving Commitment Percentage of Obligations outstanding Revolving Loans at any time shall not exceed such Lender's Revolving Commitment Percentage of the Revolving Committed Amount, and (B) the sum of the aggregate outstanding principal amount of Revolving Loans PLUS LOC Obligations PLUS Swingline Loans shall not exceed the Revolving Committed Amount. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Base Rate Loans or Eurodollar Loans, or a combination thereof, as the Borrower may request; PROVIDED, HOWEVER, that no more than 15 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof.

Appears in 2 contracts

Samples: Credit Agreement (Amerisource Distribution Corp), Credit Agreement (Amerisource Distribution Corp)

Revolving Commitment. Subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth herein, each Lender severally agrees to make available to the Borrower such Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANSRevolving Loans") from time to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDEDprovided, HOWEVERhowever, that the sum of the aggregate outstanding principal amount of Revolving Loans shall not exceed ONE HUNDRED FIFTY MILLION DOLLARS ($100,000,00050,000,000) (as such aggregate maximum amount may be reduced from time to time as provided in Section 3.4, the "REVOLVING COMMITTED AMOUNTRevolving Committed Amount"); PROVIDEDprovided, FURTHERfurther, (A) with regard to each Lender individually, such Lender's outstanding Revolving Loans shall not exceed such Lender's Revolving Commitment Percentage of the Revolving Committed Amount, and (B) the sum of the aggregate outstanding principal amount of Revolving Loans PLUS plus LOC Obligations PLUS plus Swingline Loans shall not exceed the Revolving Committed Amount. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Base Rate Loans or Eurodollar Loans, or a combination thereof, as the Borrower may request; PROVIDEDprovided, HOWEVERhowever, that no more than 15 6 Eurodollar Loans which are Revolving Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof.

Appears in 2 contracts

Samples: Credit Agreement (Amn Healthcare Services Inc), Credit Agreement (Amn Healthcare Services Inc)

Revolving Commitment. Subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth herein, each Lender severally agrees to make available to the Borrower such Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANSRevolving Loans") up to such Lender's Revolving Commitment from time to time from the Closing Date until the Maturity Termination Date, or such earlier date as the Revolving Commitments shall have been terminated as provided hereinherein for the purposes hereinafter set forth; PROVIDEDprovided, HOWEVERhowever, that the sum of the aggregate outstanding principal amount of outstanding Revolving Loans shall not exceed ONE TWO HUNDRED SEVENTY-FIVE MILLION DOLLARS ($100,000,000275,000,000.00) (as such aggregate maximum amount may be reduced or increased from time to time as provided in Section 3.4, the "REVOLVING COMMITTED AMOUNTRevolving Committed Amount"); PROVIDEDprovided, FURTHERfurther, (Ai) with regard to each Lender individually, such Lender's outstanding Revolving Loans shall not exceed such Lender's Revolving Commitment Percentage of the Revolving Committed AmountCommitment, and (Bii) with regard to the sum of Lenders collectively, the aggregate outstanding principal amount of outstanding Revolving Loans PLUS LOC Obligations PLUS plus the aggregate principal amount of outstanding Competitive Loans plus the aggregate principal amount of outstanding Swingline Loans shall not exceed the Revolving Committed Amount. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Base Rate Loans or Eurodollar Loans, or a combination thereof, as the Borrower may request, and may be repaid and reborrowed in accordance with the provisions hereof; PROVIDEDprovided, HOWEVERhowever, that no more than 15 25 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for time. For purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof.

Appears in 2 contracts

Samples: Credit Agreement (Autozone Inc), Credit Agreement (Autozone Inc)

Revolving Commitment. Subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth herein, each Lender severally agrees to make available to the Borrower such Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANSRevolving Loans") from time to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDEDprovided, HOWEVERhowever, that (i) with regard to the sum Lenders collectively, the amount of the aggregate Revolving Obligations outstanding principal amount of Revolving Loans shall not exceed ONE HUNDRED MILLION DOLLARS ($100,000,000) (as such aggregate maximum amount may be reduced from time to time as provided in Section 3.4the Revolving Committed Amount; provided, the "REVOLVING COMMITTED AMOUNT"); PROVIDED, FURTHERfurther, (Aii) with regard to each Lender individually, such Lender's outstanding Revolving Commitment Percentage of the sum of the Revolving Loans plus LOC Obligations outstanding plus Swingline Loans outstanding shall not exceed such Lender's Revolving Commitment Percentage of the Revolving Committed Amount, and (B) the sum of the aggregate outstanding principal amount of Revolving Loans PLUS LOC Obligations PLUS Swingline Loans shall not exceed the Revolving Committed Amount. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Base Rate Loans or Eurodollar Loans, or a combination thereof, as the Borrower may request; PROVIDEDprovided, HOWEVERhowever, that no more than 15 five Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof.

Appears in 2 contracts

Samples: Credit Agreement (Tractor Supply Co /De/), Credit Agreement (Tractor Supply Co /De/)

Revolving Commitment. Subject to On the terms and subject to the conditions hereof and in reliance upon the representations and warranties set forth hereinof this Agreement (including Article IV), each Lender severally and for itself alone agrees to make available Loans to, and to issue or participate in the issuance of Letters of Credit and Swing Line Loans for the account of, the Borrower pursuant to its Revolving Commitment, as described in this Article II and in Article III, respectively. From time to time on any Business Day occurring prior to the Revolving Commitment Termination Date, each Lender, severally and for itself alone, agrees to make revolving loans in Dollars or in one or more Alternative Currencies (relative to such Lender, its “Revolving Loans”) to the Borrower equal to such Lender's ’s Revolving Commitment Credit Percentage of revolving credit loans the aggregate amount of the applicable Borrowing requested by the Borrower to be made on such day pursuant to this Section 2.1.1. The commitment of each Lender described in Dollars this Section 2.1.1 is herein referred to as its “Revolving Commitment” and shall be in the amount set forth on the Commitment Schedule as such Lender’s “Revolving Commitment”; provided, however that ("REVOLVING LOANS"a) from the aggregate Dollar Equivalent of all Loans which any Lender shall be committed to have outstanding hereunder shall not at any time to time from exceed the Closing Date until the Maturity Date, or product of (i) such earlier date as Lender’s Revolving Credit Percentage multiplied by the Revolving Commitments shall have been terminated as provided herein; PROVIDEDLoan Availability, HOWEVER, that the sum of (b) the aggregate outstanding principal Dollar Equivalent amount of all Revolving Loans which the Lenders shall be committed to have outstanding hereunder shall not at any time exceed ONE HUNDRED MILLION DOLLARS the Revolving Loan Availability and ($100,000,000c) (as such aggregate maximum the Dollar Equivalent amount may be reduced from time to time as provided in Section 3.4, the "REVOLVING COMMITTED AMOUNT"); PROVIDED, FURTHER, (A) with regard to each Lender individually, such Lender's outstanding of all Revolving Loans shall not exceed such Lender's Revolving Commitment Percentage of the Revolving Committed Amount, and (B) the sum of the aggregate outstanding principal amount of Revolving Loans PLUS LOC Obligations PLUS Swingline Loans denominated in Alternative Currencies shall not exceed the Revolving Committed Amount. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Base Rate Loans or Eurodollar Loans, or a combination thereof, as the Borrower may request; PROVIDED, HOWEVER, that no more than 15 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereofAlternative Currency Sublimit.

Appears in 2 contracts

Samples: Charter Agreement (Great Lakes Dredge & Dock CORP), Credit Agreement (Great Lakes Dredge & Dock CORP)

Revolving Commitment. Subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth herein, each Each Lender severally with a Revolving Commitment agrees to make available to the Borrower such Lender's loans on a revolving basis (“Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANS"Loans”) from time to time from the Closing Date until the Maturity Termination Date in such Lender’s Pro Rata Share of such aggregate amounts as the Company may request from all Lenders; provided that the Revolving Outstandings will not at any time exceed Revolving Loan Availability. Each of the parties hereto acknowledges and agrees that the Revolving Outstandings on the Restatement Date are equal to $30,000,000 consisting of $25,000,000 outstanding Revolving Loans and $5,000,000 L/C Obligations (together, the "Outstanding Existing Revolving Loan Balance"); provided, that on the Restatement Date, or such earlier date the Company intends to repay all $25,000,000 of outstanding Revolving Loans. Each of the parties hereto further acknowledges and agrees that on the Restatement Date, the obligations of the Company with respect to the "Revolving Commitment" and "Revolving Loans" under the Existing Credit Agreement shall continue as the Revolving Commitments shall have been terminated as provided herein; PROVIDEDCommitment and the Revolving Loans, HOWEVERrespectively, that hereunder. On the sum Restatement Date, each Revolving Lender will make a Revolving Loan in an amount equal to its Pro Rata Share of the aggregate outstanding principal amount Outstanding Existing Revolving Loan Balance with the proceeds thereof being paid on a pro rata revolving basis, to the extent necessary to properly reflect their respective Revolving Commitments, to Lenders who were Revolving Lenders under the Existing Credit Agreement and who remain Revolving Lenders on and after the Restatement Date. Within the limits and provisions of Revolving Loans shall not exceed ONE HUNDRED MILLION DOLLARS ($100,000,000) (as this Agreement Company may make such aggregate maximum amount may be reduced from time to time as provided in Section 3.4borrowings, the "REVOLVING COMMITTED AMOUNT"); PROVIDED, FURTHER, (A) with regard to each Lender individually, repay such Lender's outstanding Revolving Loans shall not exceed such Lender's Revolving Commitment Percentage of the Revolving Committed Amountadvances, and (B) make additional borrowing under the sum of the aggregate outstanding principal amount of Revolving Loans PLUS LOC Obligations PLUS Swingline Loans shall not exceed the Revolving Committed Amount. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Base Rate Loans or Eurodollar Loans, or a combination thereof, as the Borrower may request; PROVIDED, HOWEVER, that no more than 15 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereofLoan.

Appears in 2 contracts

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

Revolving Commitment. Subject During the Commitment Period, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Revolving Lender severally severally, but not jointly, agrees to make available revolving credit loans (“Revolving Loans”) to the Borrower such Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANS") from time to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDED, HOWEVER, that the sum of the in an aggregate outstanding principal amount of Revolving Loans shall not exceed ONE HUNDRED up to FORTY-FIVE MILLION DOLLARS ($100,000,00045,000,000) (as such aggregate maximum amount may be reduced from time to time as provided in Section 3.42.6, the "REVOLVING COMMITTED AMOUNT")“Revolving Committed Amount”) for the purposes hereinafter set forth; PROVIDEDprovided, FURTHERhowever, that (Ai) with regard to each Revolving Lender individually, the sum of such Revolving Lender's ’s Revolving Commitment Percentage of outstanding Revolving Loans plus such Revolving Lender’s Revolving Commitment Percentage of outstanding Swingline Loans plus such Revolving Lender’s Revolving Commitment Percentage of outstanding LOC Obligations shall not exceed such Revolving Lender's ’s Revolving Commitment Percentage of and (ii) with regard to the Revolving Committed AmountLenders collectively, and (B) the sum of the aggregate outstanding principal amount of Revolving Loans PLUS plus outstanding Swingline Loans plus outstanding LOC Obligations PLUS Swingline Loans shall not exceed the Revolving Committed Amount. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Alternate Base Rate Loans or Eurodollar LIBOR Rate Loans, or a combination thereof, as the Borrower may request; PROVIDED, HOWEVER, that no more than 15 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid or prepaid and reborrowed in accordance with the provisions hereof; provided, however, Revolving Loans made on the Closing Date or on any of the three (3) Business Days following the Closing Date may only consist of Alternate Base Rate Loans. LIBOR Rate Loans shall be made by each Revolving Lender at its LIBOR Lending Office and Alternate Base Rate Loans at its Domestic Lending Office.

Appears in 2 contracts

Samples: Credit Agreement (Orthofix International N V), Credit Agreement (Orthofix International N V)

Revolving Commitment. Subject During the Commitment Period, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Revolving Lender severally agrees to severally, but not jointly, shall make available revolving credit loans in Dollars (“Revolving Loans”) to the Borrower such Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANS") from time to time from in an aggregate principal amount not at any time exceeding the total of Revolving Commitments of all the Lenders, which amount on the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDED, HOWEVER, that the sum of the aggregate outstanding principal amount of Revolving Loans shall not exceed ONE HUNDRED MILLION equal TWO BILLION DOLLARS ($100,000,0002,000,000,000) (as increased from time to time as provided in Section 2.22 and as such aggregate maximum amount may be reduced from time to time as provided in Section 3.42.6, the "REVOLVING COMMITTED AMOUNT"“Revolving Committed Amount”) for the purposes hereinafter set forth (the “Revolving Facility”); PROVIDEDprovided, FURTHERhowever, that (Ai) with regard to each Revolving Lender individually, the sum of such Revolving Lender's outstanding Revolving Loans shall not exceed such Lender's ’s Revolving Commitment Percentage of the aggregate principal amount of outstanding Revolving Committed Amount, Loans plus such Revolving Lender’s Revolving Commitment Percentage of the outstanding principal amount of the LOC Obligations shall not exceed such Revolving Lender’s Revolving Commitment and (Bii) with regard to the Revolving Lenders collectively, the sum of the aggregate outstanding principal amount of outstanding Revolving Loans PLUS plus the aggregate principal amount of outstanding LOC Obligations PLUS Swingline Loans shall not exceed the Revolving Committed AmountAmount then in effect. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Alternate Base Rate Loans or Eurodollar LIBOR Rate Loans, or a combination thereof, as the Borrower may request; PROVIDED, HOWEVER, that no more than 15 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof; provided, however, the Revolving Loans made on the Closing Date or any of the three (3) Business Days following the Closing Date, may only consist of Alternate Base Rate Loans unless the Borrower delivers a funding indemnity letter, substantially in the form of Exhibit 2.1(a), reasonably acceptable to the Administrative Agent on or before the Closing Date, in which case LIBOR Rate Loans are available to the Borrower. LIBOR Rate Loans shall be made by each Revolving Lender at its LIBOR Lending Office and Alternate Base Rate Loans at its Domestic Lending Office.

Appears in 2 contracts

Samples: Credit Agreement (Mednax, Inc.), Credit Agreement (Mednax, Inc.)

Revolving Commitment. Subject During the Commitment Period, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Revolving Lender severally severally, but not jointly, agrees to make available revolving credit loans in Dollars (each a “Revolving Loan”) to the Borrower such Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANS") from time to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDED, HOWEVER, that the sum in an aggregate principal Dollar Amount of the aggregate outstanding principal amount of Revolving Loans shall not exceed ONE HUNDRED up to SEVENTY-FIVE MILLION DOLLARS ($100,000,00075,000,000) (as such aggregate maximum amount may be increased from time to time as provided in Section 2.19 or reduced from time to time as provided in Section 3.42.5 or Section 4.1(o), the "REVOLVING COMMITTED AMOUNT"“Revolving Committed Amount”) for the purposes hereinafter set forth (such facility, the “Revolving Facility”); PROVIDEDprovided, FURTHERhowever, that (A) with regard to each Revolving Lender individually, the sum of such Revolving Lender's outstanding Revolving Loans shall not exceed such Lender's ’s Revolving Commitment Percentage of the aggregate principal Dollar Amount of outstanding Revolving Committed Amount, Loans plus such Revolving Lender’s Revolving Commitment Percentage of outstanding Swingline Loans plus such Revolving Lender’s Revolving Commitment Percentage of outstanding LC Obligations plus such Lender’s Revolving Commitment Percentage of the Foreign Currency Reserve shall not exceed such Revolving Lender’s Revolving Commitment and (B) with regard to the sum of Revolving Lenders collectively, the aggregate outstanding principal amount of Revolving Loans PLUS LOC Obligations PLUS Swingline Loans Credit Outstandings shall not exceed the Revolving Committed AmountAmount then in effect. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Alternate Base Rate Loans or Eurodollar LIBOR Rate Loans, or a combination thereof, as the Borrower may request; PROVIDED, HOWEVER, that no more than 15 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof.

Appears in 2 contracts

Samples: Credit Agreement (Enova International, Inc.), Credit Agreement (Cash America International Inc)

Revolving Commitment. Subject During the Commitment Period, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Revolving Lender severally agrees to make available revolving credit loans (“Revolving Loans”) to the Borrower from time to time for the purposes hereinafter set forth; provided, however, that (i) with regard to each Revolving Lender individually, the sum of such Revolving Lender's ’s share of outstanding Revolving Loans plus such Revolving Lender’s Revolving Commitment Percentage of revolving credit loans requested outstanding Swingline Loans plus such Revolving Lender’s Revolving Commitment Percentage of outstanding LOC Obligations (after giving effect to the concurrent reduction, if any, in outstanding Swingline Loans and/or outstanding LOC Obligations to be effected by application of the Borrower in Dollars ("REVOLVING LOANS"proceeds of Revolving Loans) from time to time from the Closing Date until the Maturity Date, or shall not exceed such earlier date as Revolving Lender’s Revolving Commitment Percentage of the Revolving Commitments shall have been terminated as provided herein; PROVIDEDCommitted Amount and (ii) with regard to the Revolving Lenders collectively, HOWEVER, that the sum of the aggregate outstanding principal amount of outstanding Revolving Loans plus outstanding Swingline Loans plus outstanding LOC Obligations (after giving effect to the concurrent reduction, if any, in outstanding Swingline Loans and/or outstanding LOC Obligations to be effected by application of the proceeds of Revolving Loans) shall not exceed the Revolving Committed Amount then in effect. For purposes hereof, the aggregate amount available hereunder shall be ONE HUNDRED TWENTY-FIVE MILLION DOLLARS ($100,000,000125,000,000) (as such aggregate maximum amount may be reduced from time to time as provided in Section 3.42.7, the "REVOLVING COMMITTED AMOUNT"); PROVIDED, FURTHER, (A) with regard to each Lender individually, such Lender's outstanding Revolving Loans shall not exceed such Lender's Revolving Commitment Percentage of the Revolving Committed Amount, and (B) the sum of the aggregate outstanding principal amount of Revolving Loans PLUS LOC Obligations PLUS Swingline Loans shall not exceed the Revolving Committed Amount”). The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Alternate Base Rate Loans or Eurodollar LIBOR Rate Loans, or a combination thereof, as the Borrower may request; PROVIDED, HOWEVER, that no more than 15 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof; provided, however, the Revolving Loans made on the Closing Date and on the two Business Days immediately following the Closing Date shall bear interest at the Alternate Base Rate. LIBOR Rate Loans shall be made by each Revolving Lender at its LIBOR Lending Office and Alternate Base Rate Loans at its Domestic Lending Office.

Appears in 2 contracts

Samples: Credit Agreement (Nci Building Systems Inc), Credit Agreement (Nci Building Systems Inc)

Revolving Commitment. Subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth herein, each Revolving Lender severally agrees to make available to the Borrower such Lender's Revolving Commitment Percentage of revolving credit loans requested by (“Revolving Loans”) to the Borrower in Dollars ("REVOLVING LOANS") Borrowers from time to time from the Closing Date until the Maturity Termination Date, or such earlier date as the Revolving Commitments shall have been terminated as provided hereinherein for the purposes hereinafter set forth; PROVIDEDprovided, HOWEVERhowever, that the sum of the aggregate outstanding principal amount of outstanding Revolving Loans shall not exceed the Revolving Committed Amount and; provided, further, (i) with regard to each Revolving Lender individually, such Lender’s share of outstanding Revolving Obligations shall not exceed such Lender’s Revolving Commitment Percentage of the Revolving Committed Amount, (ii) with regard to the Revolving Lenders collectively, the aggregate principal amount of outstanding Revolving Obligations shall not exceed ONE HUNDRED MILLION DOLLARS ($100,000,000) (as such aggregate maximum amount may be reduced from time to time be increased pursuant to Section 2.6 or reduced as provided in Section 3.4, the "REVOLVING COMMITTED AMOUNT"); PROVIDED, FURTHER, “Revolving Committed Amount”) and (Aiii) with regard to each Lender individuallythe Revolving Lenders collectively, such Lender's outstanding Revolving Loans shall not exceed such Lender's Revolving Commitment Percentage the aggregate principal amount of the Revolving Committed Amount, and (B) the sum of the aggregate outstanding principal amount of Revolving Loans PLUS LOC Obligations PLUS Swingline Loans shall not exceed the Revolving Committed Amount. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Base Rate Loans or Eurodollar Loans, or a combination thereof, as the Borrower Borrowers may requestrequest and may be repaid and reborrowed in accordance with the provisions hereof; PROVIDEDprovided, HOWEVERhowever, that no more than 15 six Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for with respect to Revolving Loans. For purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same datedate and have the same duration, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof.

Appears in 2 contracts

Samples: Credit Agreement (Speedway Motorsports Inc), Credit Agreement (New Hampshire Motor Speedway, Inc.)

Revolving Commitment. Subject During the Revolving Commitment Period, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Revolving Lender severally agrees to make available revolving credit loans in Dollars (“Revolving Loans”) to the Borrower from time to time for the purposes hereinafter set forth; provided, however, that (i) with regard to each Revolving Lender individually, the sum of such Revolving Lender's ’s Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars aggregate principal amount of outstanding Revolving Loans plus outstanding Swingline Loans plus outstanding Revolving LOC Obligations shall not exceed such Revolving Lender’s Revolving Commitment and ("REVOLVING LOANS"ii) from time with regard to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDEDLenders collectively, HOWEVER, that the sum of the aggregate outstanding principal amount of outstanding Revolving Loans plus outstanding Swingline Loans plus outstanding Revolving LOC Obligations shall not exceed ONE HUNDRED the Revolving Committed Amount then in effect. For purposes hereof, the aggregate principal amount available for Revolving Loan borrowings hereunder shall be EIGHTY MILLION DOLLARS ($100,000,00080,000,000) (as such aggregate maximum amount may be reduced from time to time as provided in Section 3.42.8, the "REVOLVING COMMITTED AMOUNT"); PROVIDED, FURTHER, (A) with regard to each Lender individually, such Lender's outstanding Revolving Loans shall not exceed such Lender's Revolving Commitment Percentage of the Revolving Committed Amount, and (B) the sum of the aggregate outstanding principal amount of Revolving Loans PLUS LOC Obligations PLUS Swingline Loans shall not exceed the Revolving Committed Amount”). The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Alternate Base Rate Loans or Eurodollar LIBOR Rate Loans, or a combination thereof, as the Borrower may request; PROVIDED, HOWEVER, that no more than 15 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof; provided, however, the Revolving Loans made on either of the two (2) Business Days immediately following the Closing Date may only consist of Alternate Base Rate Loans. LIBOR Rate Loans shall be made by each Revolving Lender at its LIBOR Lending Office and Alternate Base Rate Loans at its Domestic Lending Office. No Revolving Loans shall be made on the Closing Date.

Appears in 2 contracts

Samples: Credit Agreement (Gencorp Inc), Credit Agreement (Gencorp Inc)

Revolving Commitment. Subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth herein, each Lender severally agrees to make available to the Borrower such Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANSRevolving Loans") from time to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDEDprovided, HOWEVERhowever, that (i) the sum of the aggregate outstanding principal amount of Revolving Loans shall not exceed ONE HUNDRED FIFTY MILLION DOLLARS ($100,000,00050,000,000) (as such aggregate maximum amount may be reduced from time to time as provided in Section 3.4, the "REVOLVING COMMITTED AMOUNTRevolving Committed Amount"); PROVIDED, FURTHER, (Aii) with regard to each Lender individually, the sum of such Lender's outstanding Revolving Loans plus such Lender's Participation Interests in Letters of Credit and LOC Obligations shall not exceed such Lender's Revolving Commitment Percentage of the Revolving Committed Amount, Amount and (Biii) the sum of the aggregate outstanding principal amount of Revolving Loans PLUS plus LOC Obligations PLUS Swingline Loans shall not exceed the Revolving Committed Amount. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Base Rate Loans or Eurodollar Loans, or a combination thereof, as the Borrower may request; PROVIDEDprovided, HOWEVERhowever, that no more than 15 ten (10) Eurodollar Loans which are Revolving Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof.

Appears in 2 contracts

Samples: Credit Agreement (Jw Childs Equity Partners Ii Lp), Credit Agreement (Signal Medical Services)

Revolving Commitment. Subject During the Commitment Period, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Revolving Lender severally severally, but not jointly, agrees to make available to the Borrower such Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower (“Revolving Loans”) (i) in Dollars and in Foreign Currencies to the Company ("REVOLVING LOANS"“Company Revolving Loans”) and (ii) in Foreign Currencies to the U.K. Borrower (“U.K. Borrower Revolving Loans”), in each case from time to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDED, HOWEVER, that the sum of the in an aggregate outstanding principal amount of Revolving Loans shall not exceed ONE up to FOUR HUNDRED SIXTY MILLION DOLLARS ($100,000,000460,000,000) (as increased from time to time as provided in Section 2.22 and as such aggregate maximum amount may be reduced from time to time as provided in Section 3.42.6, the "REVOLVING COMMITTED AMOUNT"“Revolving Committed Amount”) for the purposes hereinafter set forth (such facility, the “Revolving Facility”); PROVIDEDprovided, FURTHERhowever, that (A) with regard to each Revolving Lender individually, the sum of such Revolving Lender's ’s Commitment Percentage of the aggregate principal amount of outstanding Revolving Loans plus such Revolving Lender’s Commitment Percentage of outstanding Swingline Loans plus such Revolving Lender’s Commitment Percentage of outstanding LOC Obligations plus such Lender’s Revolving Credit Commitment Percentage of the Foreign Currency Reserve shall not exceed such Revolving Lender's ’s Revolving Commitment Percentage of the Revolving Committed AmountCommitment, and (B) with regard to the Revolving Lenders collectively, the sum of the aggregate outstanding principal amount of outstanding Revolving Loans PLUS plus outstanding Swingline Loans plus outstanding LOC Obligations PLUS Swingline Loans plus the Foreign Currency Reserve shall not exceed the Revolving Committed Amount. The initial advance Amount then in effect, (C) the aggregate principal Dollar Equivalent of the outstanding Revolving Loans on made to the Closing Date Company denominated in a Foreign Currency, together with the Dollar Equivalent of outstanding LOC Obligations with respect to Letters of Credit denominated in a Foreign Currency, shall consist solely not exceed the Foreign Currency Sublimit and (D) the aggregate principal Dollar Equivalent of Base Rate LoansRevolving Loans made to the U.K. Borrower shall not exceed SEVENTY-FIVE MILLION DOLLARS ($75,000,000) (the “U.K. Borrower Sublimit”). Thereafter, Revolving Loans may consist of Alternate Base Rate Loans or Eurodollar LIBOR Rate Loans, or a combination thereof, as the Borrower Company may request; PROVIDED, HOWEVER, that no more than 15 Eurodollar request and Revolving Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar denominated in a Foreign Currency may consist of only LIBOR Rate Loans, even if they begin on the same dateand in each case, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof; provided, however, that during the three (3) Business Day period commencing on the Third Amendment Effective Date, the U.K. Borrower may only borrow Revolving Loans to the extent the U.K. Borrower has delivered a funding indemnity letter, substantially in the form of Exhibit 2.1(a), reasonably acceptable to the Administrative Agent not less than three (3) Business Days prior to the Third Amendment Effective Date. LIBOR Rate Loans shall be made by each Revolving Lender at its LIBOR Lending Office and Alternate Base Rate Loans at its Domestic Lending Office. The U.K. Borrower shall not constitute a Borrower under the Company Revolving Loans and the Company shall not constitute a Borrower under the U.K. Borrower Revolving Loans.

Appears in 2 contracts

Samples: Credit Agreement (Esterline Technologies Corp), Credit Agreement (Esterline Technologies Corp)

Revolving Commitment. Subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth herein, each Lender severally agrees to make available to the Borrower such Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANS") from time to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided hereinherein for the purposes hereinafter set forth; PROVIDED, HOWEVER, that the sum of the aggregate principal amount of outstanding Revolving Loans shall not exceed THIRTY MILLION DOLLARS ($30,000,000) (provided, that until such time as the Credit Parties shall have caused the liens relating to the assets of Nothing America, Inc. in favor of Wellx Xxxgo Bank to have been released in full, the aggregate principal amount of Revolving Loans shall not exceed ONE HUNDRED MILLION DOLLARS ($100,000,00028,500,000) (as such aggregate maximum amount may be reduced from time to time as provided in Section 3.43.4 and Section 8.1(g), the "REVOLVING COMMITTED AMOUNT"); PROVIDED, FURTHER, (A) with regard to each Lender individually, such Lender's outstanding Revolving Loans shall not exceed such Lender's Revolving Commitment Percentage of the Revolving Committed Amount, and (B) the sum of the aggregate outstanding principal amount of outstanding Revolving Loans PLUS LOC Obligations PLUS Swingline Loans outstanding shall not exceed the Revolving Committed Amount. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Base Rate Loans or Eurodollar Loans, or a combination thereof, as the Borrower may request, and may be repaid and reborrowed in accordance with the provisions hereof; PROVIDED, HOWEVER, that no more than 15 5 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for time. For purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof.

Appears in 1 contract

Samples: Credit Agreement (Simonds Industries Inc)

Revolving Commitment. Subject During the Commitment Period, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Lender severally agrees to make available revolving credit loans (“Revolving Loans”) to the Borrower from time to time for the purposes hereinafter set forth; provided, however, that (i) with regard to each Lender individually, the sum of such Lender's ’s outstanding Revolving Loans plus such Lender’s LOC Commitment Percentage of LOC Obligations shall not exceed such Lender’s Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANS") from time to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDEDCommitted Amount and (ii) with regard to the Lenders collectively, HOWEVER, that the sum of the aggregate amount of outstanding Revolving Loans plus LOC Obligations shall not exceed the Revolving Committed Amount. For purposes hereof, the aggregate principal amount of Revolving Loans plus LOC Obligations that may be outstanding at any time under this Section 2.1(a) shall not exceed ONE THREE HUNDRED FIFTY MILLION DOLLARS ($100,000,000350,000,000) (as such aggregate maximum amount may be increased or reduced from time to time as provided in Section 3.42.4 or 2.21, the "REVOLVING COMMITTED AMOUNT"); PROVIDED, FURTHER, (A) with regard to each Lender individually, such Lender's outstanding Revolving Loans shall not exceed such Lender's Revolving Commitment Percentage of the Revolving Committed Amount, and (B) the sum of the aggregate outstanding principal amount of Revolving Loans PLUS LOC Obligations PLUS Swingline Loans shall not exceed the Revolving Committed Amount”). The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Alternate Base Rate Loans, LIBOR Rate Loans or Eurodollar LIBOR Market Index Rate Loans, or a combination thereof, as the Borrower may request; PROVIDED, HOWEVER, that no more than 15 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof. LIBOR Rate Loans shall be made by each Lender at its LIBOR Lending Office and Alternate Base Rate Loans and LIBOR Market Index Rate Loans at its Domestic Lending Office.

Appears in 1 contract

Samples: Credit Agreement (Ruddick Corp)

Revolving Commitment. Subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth herein, each Lender severally agrees to make available to the Borrower such Lender's ’s Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANS"“Revolving Loans”) from time to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDEDprovided, HOWEVERhowever, that the sum of the aggregate outstanding principal amount of Revolving Loans shall not exceed ONE FIVE HUNDRED MILLION DOLLARS ($100,000,000500,000,000) (as such aggregate maximum amount may be reduced from time to time as provided in Section 3.4, the "REVOLVING COMMITTED AMOUNT"“Revolving Committed Amount”); PROVIDEDprovided, FURTHERfurther, (A) with regard to each Lender individually, such Lender's ’s pro rata share of the outstanding Revolving Loans plus such Lender’s Participation Interest in the LOC Obligations plus such Lender’s Participation Interest in the Swingline Loans shall not exceed such Lender's Revolving Commitment Percentage of the ’s Revolving Committed Amount, and (B) the sum of the aggregate outstanding principal amount of Revolving Loans PLUS plus LOC Obligations PLUS plus Swingline Loans shall not exceed the aggregate Revolving Committed Amount. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Base Rate Loans or Eurodollar Loans, or a combination thereof, as the Borrower may request; PROVIDEDprovided, HOWEVERhowever, that no more than 15 8 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof.

Appears in 1 contract

Samples: Credit Agreement (Apria Healthcare Group Inc)

Revolving Commitment. Subject During the Commitment Period, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Lender severally severally, but not jointly, agrees to make available revolving credit loans in Dollars (“Revolving Loans”) to the Borrower such Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANS") from time to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDED, HOWEVER, that the sum of the in an aggregate outstanding principal amount of Revolving Loans shall not exceed up to ONE HUNDRED FIFTY MILLION DOLLARS ($100,000,000150,000,000) (as increased from time to time as provided in Section 2.22 and as such aggregate maximum amount may be reduced from time to time as provided in Section 3.42.6, the "REVOLVING COMMITTED AMOUNT"“Revolving Committed Amount”) for the purposes hereinafter set forth (such facility, the “Revolving Facility”); PROVIDEDprovided, FURTHERhowever, that (Ai) with regard to each Lender individually, the sum of such Lender's ’s Revolving Commitment Percentage of the aggregate principal amount of outstanding Revolving Loans plus such Lender’s Revolving Commitment Percentage of outstanding LOC Obligations shall not exceed such Lender's ’s Revolving Commitment Percentage of the Revolving Committed Amount, and (Bii) with regard to the Lenders collectively, the sum of the aggregate outstanding principal amount of outstanding Revolving Loans PLUS plus outstanding LOC Obligations PLUS Swingline Loans shall not exceed the Revolving Committed AmountAmount then in effect. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Alternate Base Rate Loans or Eurodollar LIBOR Rate Loans, or a combination thereof, as the Borrower may request; PROVIDED, HOWEVER, that no more than 15 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof; provided, however, the Revolving Loans made on the Closing Date, may only consist of Alternate Base Rate Loans unless the Borrower delivers a funding indemnity letter, substantially in the form of Exhibit 2.1(a), reasonably acceptable to the Administrative Agent not less than three (3) Business Days prior to the requested borrowing date. LIBOR Rate Loans shall be made by each Lender at its LIBOR Lending Office and Alternate Base Rate Loans at its Domestic Lending Office.

Appears in 1 contract

Samples: Credit Agreement (Fiesta Restaurant Group, Inc.)

Revolving Commitment. Subject Prior to the Commitment Termination Date, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Lender severally agrees to make available revolving credit loans in Dollars or in any Alternative Lending Currency ("Revolving Loans") to the Borrower such Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANS") from time to time from for the Closing Date until the Maturity Datepurposes hereinafter set forth; provided, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDED, HOWEVERhowever, that (i) with regard to each Lender individually, the sum of the aggregate such Lender's share of outstanding principal amount of Revolving Loans plus such Lender's Commitment Percentage of outstanding Swingline Loans plus such Lender's Commitment Percentage of LOC Obligations shall not exceed ONE such Lender's Commitment Percentage of the aggregate Committed Amount, and (ii) with regard to the Lenders collectively, the Advances Outstanding shall not exceed the aggregate Committed Amount then in effect. For purposes hereof, the aggregate amount available hereunder shall be NINE HUNDRED MILLION Million DOLLARS ($100,000,000900,000,000) (as such aggregate maximum amount may be (w) increased from time to time as provided in Section 2.2 and (x) reduced from time to time as provided in Section 3.42.6, the "REVOLVING COMMITTED AMOUNTCommitted Amount"); PROVIDEDprovided, FURTHERhowever, (A) with regard to each Lender individually, such Lender's that the aggregate amount of all outstanding Revolving Loans in Alternative Lending Currencies shall not at any given time exceed such Lender's Revolving Commitment Percentage 25% of the Revolving Committed Amount, and Amount (B) the sum of the aggregate outstanding principal amount of Revolving Loans PLUS LOC Obligations PLUS Swingline Loans shall not exceed the Revolving Committed Amount"Alternative Lending Currency Sub-Limit"). The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Alternate Base Rate Loans or Eurodollar LIBOR Rate Loans, or a combination thereof, as the Borrower may request; PROVIDED, HOWEVER, that no more than 15 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof. LIBOR Rate Loans shall be made by each Lender at its LIBOR Lending Office and Alternate Base Rate Loans at its Domestic Lending Office.

Appears in 1 contract

Samples: Credit Agreement (American Capital Strategies LTD)

Revolving Commitment. Subject During the Commitment Period, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Revolving Lender severally agrees to make available revolving credit loans ("Revolving Loans") to Borrower from time to time for the Borrower purposes hereinafter set forth; provided, however, that (i) with regard to each Revolving Lender individually, the sum of such Revolving Lender's share of outstanding Revolving Loans plus such Revolving Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars outstanding Swingline Loans plus such Revolving Lender's Revolving Commitment Percentage of outstanding LOC Obligations shall not exceed such Revolving Lender's Revolving Commitment and ("REVOLVING LOANS"ii) from time with regard to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDEDLenders collectively, HOWEVER, that the sum of the aggregate outstanding principal amount of outstanding Revolving Loans plus outstanding Swingline Loans plus outstanding LOC Obligations shall not exceed the Revolving Committed Amount then in effect. For purposes hereof, the aggregate maximum amount available hereunder shall be ONE HUNDRED MILLION DOLLARS ($100,000,000) (as such aggregate maximum amount may be reduced from time to time as provided in Section 3.42.7, the "REVOLVING COMMITTED AMOUNTRevolving Committed Amount"); PROVIDEDprovided, FURTHERhowever, (A) with regard to that during the period commencing on March 1 and ending on October 1 of each Lender individuallyyear, such Lender's outstanding Revolving Loans shall not exceed such Lender's Revolving Commitment Percentage of the Revolving Committed Amount, and (B) the sum of the aggregate outstanding principal amount no more than $50,000,000 of Revolving Loans PLUS LOC Obligations PLUS Swingline Loans shall not exceed the Revolving Committed Amountmay be outstanding. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Alternate Base Rate Loans or Eurodollar LIBOR Rate Loans, or a combination thereof, as the Borrower may request; PROVIDED, HOWEVER, that no more than 15 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof. LIBOR Rate Loans shall be made by each Revolving Lender at its LIBOR Lending Office and Alternate Base Rate Loans at its Domestic Lending Office.

Appears in 1 contract

Samples: Credit Agreement (Directed Electronics, Inc.)

Revolving Commitment. Subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth herein, each Lender severally agrees to make available to the Borrower such Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANSLoans") from time to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided hereinherein for the purposes hereinafter set forth; PROVIDEDprovided, HOWEVERhowever, that the sum of the aggregate outstanding principal amount of Revolving outstanding Loans shall not exceed ONE HUNDRED FIFTEEN MILLION DOLLARS ($100,000,00015,000,000) (as such aggregate maximum amount may be reduced from time to time as provided in Section 3.4, the "REVOLVING COMMITTED AMOUNTCommitted Amount"); PROVIDEDprovided, FURTHERfurther, (A) with regard to each Lender individually, such Lender's outstanding Revolving Loans shall not exceed such Lender's Revolving Commitment Percentage of the Revolving Committed Amount, and (B) the sum of the aggregate outstanding principal amount of Revolving outstanding Loans PLUS plus LOC Obligations PLUS Swingline Loans outstanding shall not exceed the Revolving Committed Amount. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Base Rate Loans or Eurodollar Loans, or a combination thereof, as the Borrower may request; PROVIDEDprovided, HOWEVERhowever, that no more than 15 5 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for time. For purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof.

Appears in 1 contract

Samples: Credit Agreement (Simcala Inc)

Revolving Commitment. Subject During the Commitment Period, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Revolving Lender severally severally, but not jointly, agrees to make available to the Borrower such Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANS"“Revolving Loans”) to the Borrowers from time to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDED, HOWEVER, that the sum of the in an aggregate outstanding principal amount of Revolving Loans shall not exceed ONE HUNDRED up to TWENTY-FIVE MILLION DOLLARS ($100,000,00025,000,000) (as such aggregate maximum amount may be reduced from time to time as provided in Section 3.42.6, the "REVOLVING COMMITTED AMOUNT"“Revolving Committed Amount”) for the purposes hereinafter set forth (such facility, the “Revolving Facility”); PROVIDEDprovided, FURTHERhowever, that (Ai) with regard to each Revolving Lender individually, the sum of such Revolving Lender's outstanding Revolving Loans shall not exceed such Lender's ’s Revolving Commitment Percentage of the aggregate principal amount of outstanding Revolving Loans plus such Revolving Lender’s Revolving Commitment Percentage of outstanding Swingline Loans plus such Revolving Lender’s Revolving Commitment Percentage of outstanding LOC Obligations shall not exceed such Revolving Lender’s Revolving Commitment and (ii) with regard to the Revolving Lenders collectively, the sum of the aggregate principal amount of outstanding Revolving Loans plus outstanding Swingline Loans plus outstanding LOC Obligations shall not exceed the lesser of (A) the Revolving Committed Amount, Amount then in effect and (B) the sum of the aggregate outstanding principal amount of Revolving Loans PLUS LOC Obligations PLUS Swingline Loans shall not exceed the Revolving Committed AmountBorrowing Base. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Alternate Base Rate Loans or Eurodollar LIBOR Rate Loans, or a combination thereof, as the applicable Borrower may request; PROVIDED, HOWEVER, that no more than 15 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof; provided, however, the Revolving Loans made on the Closing Date or any of the three (3) Business Days following the Closing Date, may only consist of Alternate Base Rate Loans unless the Borrowers deliver a funding indemnity letter, substantially in the form of Exhibit 2.1(a), reasonably acceptable to the Administrative Agent not less than three (3) Business Days prior to the Closing Date. LIBOR Rate Loans shall be made by each Revolving Lender at its LIBOR Lending Office and Alternate Base Rate Loans at its Domestic Lending Office.

Appears in 1 contract

Samples: Credit Agreement (Primo Water Corp)

Revolving Commitment. Subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth herein, each Lender severally agrees to make available to the Borrower such Lender's ’s Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANS"“Revolving Loans”) from time to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDEDprovided, HOWEVERhowever, that (i) the sum of the aggregate outstanding principal amount of Revolving Loans shall not exceed ONE HUNDRED FIFTY MILLION DOLLARS ($100,000,00050,000,000) (as such aggregate maximum amount may be reduced or increased from time to time as provided in Section 3.4, the "REVOLVING COMMITTED AMOUNT"“Revolving Committed Amount”); PROVIDED, FURTHER, (Aii) with regard to each Lender individually, the sum of such Lender's ’s outstanding Revolving Loans plus such Lender’s Participation Interests in Letters of Credit and LOC Obligations shall not exceed such Lender's ’s Revolving Commitment Percentage of the Revolving Committed Amount, Amount and (Biii) the sum of the aggregate outstanding principal amount of Revolving Loans PLUS plus LOC Obligations PLUS Swingline Loans shall not exceed the Revolving Committed Amount. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Base Rate Loans or Eurodollar Loans, or a combination thereof, as the Borrower may request; PROVIDEDprovided, HOWEVERhowever, that no more than 15 ten (10) Eurodollar Loans which are Revolving Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof.

Appears in 1 contract

Samples: Credit Agreement (Insight Health Services Holdings Corp)

Revolving Commitment. Subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth herein, each Lender severally agrees to make available to the Borrower such Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANSRevolving Loans") from time to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided hereinherein for the purposes hereinafter set forth; PROVIDEDprovided, HOWEVERhowever, that the sum of the aggregate outstanding principal amount of outstanding Revolving Loans shall not exceed ONE HUNDRED MILLION DOLLARS ($100,000,000100,000,000.00) (as such aggregate maximum amount may be reduced from time to time as provided in Section 3.4, the "REVOLVING COMMITTED AMOUNTRevolving Committed Amount"); PROVIDEDprovided, FURTHERfurther, (A) with regard respect to each Lender individuallyindividual Lender, such the Lender's pro rata share of outstanding Revolving Loans plus its pro rata share of outstanding LOC Obligations plus its pro rata share of outstanding Swingline Loans shall not exceed such Lender's Revolving Commitment Percentage of the Revolving Committed Amount, and (B) the sum of the aggregate outstanding principal amount of outstanding Revolving Loans PLUS plus LOC Obligations PLUS outstanding plus Swingline Loans outstanding shall not exceed the lesser of (1) the Revolving Committed AmountAmount and (2) the Borrowing Base. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Base Rate Loans or Eurodollar Loans, or a combination thereof, as the Borrower may request, and may be repaid and reborrowed in accordance with the provisions hereof; PROVIDEDprovided, HOWEVERhowever, that no more than 15 5 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for time. For purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof.

Appears in 1 contract

Samples: Credit Agreement (Delta Woodside Industries Inc /Sc/)

Revolving Commitment. Subject During the Commitment Period, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Lender severally agrees to make available revolving credit loans ("Revolving Loans") to the Borrower from time to time for the purposes hereinafter set forth; provided, however, that (i) with regard to each Lender individually, the sum of such Lender's share of outstanding Revolving Loans plus such Lender's Revolving Commitment Percentage of revolving credit loans requested by outstanding Swingline Loans plus such Lender's LOC Commitment Percentage of outstanding LOC Obligations shall not exceed such Lender's Revolving Commitment Percentage of the Borrower in Dollars aggregate Revolving Committed Amount, and ("REVOLVING LOANS"ii) from time with regard to time from the Closing Date until the Maturity DateLenders collectively, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDED, HOWEVER, that the sum of the aggregate outstanding principal amount of outstanding Revolving Loans plus outstanding LOC Obligations shall not exceed ONE HUNDRED the Revolving Committed Amount. For purposes hereof, the aggregate amount available hereunder shall be FORTY MILLION DOLLARS ($100,000,00040,000,000) (as such aggregate maximum amount may be reduced from time to time as provided in Section 3.42.6, the "REVOLVING COMMITTED AMOUNT"); PROVIDED, FURTHER, (A) with regard to each Lender individually, such Lender's outstanding Revolving Loans shall not exceed such Lender's Revolving Commitment Percentage of the Revolving Committed Amount, and (B) the sum of the aggregate outstanding principal amount of Revolving Loans PLUS LOC Obligations PLUS Swingline Loans shall not exceed the Revolving Committed Amount"). The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Alternate Base Rate Loans or Eurodollar LIBOR Rate Loans, or a combination thereof, as the Borrower may request; PROVIDED, HOWEVER, that no more than 15 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof; provided that no more than five (5) separate LIBOR Tranches shall be outstanding at any one time. LIBOR Rate Loans shall be made by each Lender at its LIBOR Lending Office and Alternate Base Rate Loans at its Domestic Lending Office.

Appears in 1 contract

Samples: Credit Agreement (Sleepmaster LLC)

Revolving Commitment. Subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth herein, each Revolving Lender severally agrees to make available to the Borrower such Revolving Lender's Revolving ’s Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANS"“Revolving Loans”) from time to time from the Closing Date until the Revolving Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDEDprovided, HOWEVERhowever, that the sum of the aggregate outstanding principal amount of Revolving Loans shall not exceed ONE HUNDRED FIFTY MILLION DOLLARS ($100,000,00050,000,000) (as such aggregate maximum amount may be increased in accordance with Section 2.6 or reduced from time to time as provided in Section 3.4, the "REVOLVING COMMITTED AMOUNT"“Revolving Committed Amount”); PROVIDEDprovided, FURTHERfurther, (A) with regard to each Revolving Lender individually, such Revolving Lender's ’s outstanding Revolving Loans shall not exceed such Revolving Lender's Revolving ’s Commitment Percentage of the Revolving Committed Amount, and (B) the sum of the aggregate outstanding principal amount of Revolving Loans PLUS plus LOC Obligations PLUS plus Swingline Loans shall not exceed the Revolving Committed Amount. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Base Rate Loans or Eurodollar Loans, or a combination thereof, as the Borrower may request; PROVIDEDprovided, HOWEVERhowever, that no more than 15 six (6) Eurodollar Loans which are Revolving Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof.

Appears in 1 contract

Samples: Credit Agreement (Amn Healthcare Services Inc)

Revolving Commitment. Subject During the Commitment Period, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Revolving Lender severally agrees to make available revolving credit loans ("Revolving Loans") to Borrower from time to time for the Borrower purposes hereinafter set forth; provided, however, that (i) with regard to each Revolving Lender individually, the sum of such Revolving Lender's share of outstanding Revolving Loans plus such Revolving Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANS") from time to time from the Closing Date until the Maturity Date, or outstanding Swingline Loans plus such earlier date as Revolving Lender's Revolving Commitment Percentage of outstanding LOC Obligations shall not exceed such Revolving Lender's Revolving Commitment Percentage of the Revolving Commitments shall have been terminated as provided herein; PROVIDEDCommitted Amount and (ii) with regard to the Revolving Lenders collectively, HOWEVER, that the sum of the aggregate outstanding principal amount of outstanding Revolving Loans plus outstanding Swingline Loans plus outstanding LOC Obligations shall not exceed ONE HUNDRED the Revolving Committed Amount then in effect. For purposes hereof, the aggregate maximum amount available hereunder shall be TWENTY-FIVE MILLION DOLLARS ($100,000,00025,000,000) (as such aggregate maximum amount may be reduced from time to time as provided in Section 3.42.7, the "REVOLVING COMMITTED AMOUNT"); PROVIDED, FURTHER, (A) with regard to each Lender individually, such Lender's outstanding Revolving Loans shall not exceed such Lender's Revolving Commitment Percentage of the Revolving Committed Amount, and (B) the sum of the aggregate outstanding principal amount of Revolving Loans PLUS LOC Obligations PLUS Swingline Loans shall not exceed the Revolving Committed Amount"). The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Alternate Base Rate Loans or Eurodollar LIBOR Rate Loans, or a combination thereof, as the Borrower may request; PROVIDED, HOWEVER, that no more than 15 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof; provided, however, the Revolving Loans made on the Closing Date and on the two Business Days immediately following the Closing Date shall bear interest at the Alternate Base Rate unless Borrower executes a funding indemnity letter in form and substance reasonably satisfactory to Administrative Agent. LIBOR Rate Loans shall be made by each Revolving Lender at its LIBOR Lending Office and Alternate Base Rate Loans at its Domestic Lending Office.

Appears in 1 contract

Samples: Credit Agreement (Directed Electronics, Inc.)

Revolving Commitment. Subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth herein, each Lender severally agrees to make available to the Borrower such Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANSRevolving Loans") from time to time from the Closing Initial Funding Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDEDprovided, HOWEVERhowever, that the sum of the aggregate outstanding principal amount of Revolving Loans shall not exceed ONE HUNDRED FIFTEEN MILLION DOLLARS ($100,000,00015,000,000) (as such aggregate maximum amount may be reduced from time to time as provided in Section 3.4, the "REVOLVING COMMITTED AMOUNTRevolving Committed Amount"); PROVIDEDprovided, FURTHERfurther, (A) with regard to each Lender individually, such Lender's outstanding Revolving Loans shall not exceed such Lender's Revolving Commitment Percentage of the Revolving Committed Amount, and (B) the sum of the aggregate outstanding principal amount of Revolving Loans PLUS plus LOC Obligations PLUS Swingline Loans shall not exceed the Revolving Committed Amount. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Base Rate Loans or Eurodollar Loans, or a combination thereof, as the Borrower may request; PROVIDEDprovided, HOWEVERhowever, that no more than 15 5 Eurodollar Loans which are Revolving Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof.

Appears in 1 contract

Samples: Credit Agreement (American Medical Systems Holdings Inc)

Revolving Commitment. Subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth herein, each Lender severally agrees to make available to the Borrower such Lender's ’s Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANS"“Revolving Loans”) from time to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDEDprovided, HOWEVERhowever, that the sum of the aggregate outstanding principal amount of Revolving Loans shall not not, at any time, exceed ONE HUNDRED MILLION DOLLARS the lesser of ($100,000,000i) the Revolving Committed Amount and (as such aggregate maximum amount may be reduced from time to time as provided in Section 3.4ii) the Borrowing Base; provided, the "REVOLVING COMMITTED AMOUNT"); PROVIDED, FURTHERfurther, (A) with regard to each Lender individually, such Lender's ’s outstanding Revolving Loans shall not exceed such Lender's ’s Revolving Commitment Percentage of the Revolving Committed Amount, and (B) the sum of (1) the aggregate outstanding principal amount of Revolving Loans PLUS plus (2) the LOC Obligations PLUS Swingline Loans plus (3) the Aggregate Derivative Reserve Amount shall not exceed the Revolving Committed Amount. The initial advance lesser of the Revolving Loans on Committed Amount and the Closing Date shall consist solely of Base Rate LoansBorrowing Base. Thereafter, Revolving Loans may consist of Base Rate Loans or Eurodollar Loans, or a combination thereof, as the Borrower may request; PROVIDEDprovided, HOWEVERhowever, that no more than 15 ten (10) Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof.

Appears in 1 contract

Samples: Credit Agreement (U S Restaurant Properties Inc)

Revolving Commitment. Subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth herein, each Tranche B Lender severally agrees to make available to the Borrower such Tranche B Lender's Tranche B Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANSTranche B Revolving Loans") from time to time from the Closing Effective Date until the Maturity Termination Date, or such earlier date as the Tranche B Revolving Commitments shall have been terminated as provided hereinherein for the purposes hereinafter set forth; PROVIDEDprovided, HOWEVERhowever, that the sum of the aggregate outstanding principal amount of outstanding Tranche B Revolving Loans shall not at any time exceed ONE HUNDRED FIFTEEN MILLION DOLLARS ($100,000,00015,000,000) (as such aggregate maximum amount may be reduced from time to time as provided in Section 3.4, the "REVOLVING COMMITTED AMOUNTTranche B Revolving Committed Amount")) provided, however, the Tranche B Lenders' Tranche B Revolving Committed Amount shall not be available for borrowing unless all amounts under the Tranche A Revolving Loans have been borrowed in full and are outstanding; PROVIDEDprovided, FURTHERfurther, (A) with regard to each Tranche B Lender individually, that such Tranche B Lender's outstanding Tranche B Revolving Loans shall not at any time exceed such Tranche B Lender's Tranche B Revolving Commitment Percentage of the Revolving Committed Amount, and (B) the sum of the aggregate outstanding principal amount of Revolving Loans PLUS LOC Obligations PLUS Swingline Loans shall not exceed the Tranche B Revolving Committed Amount. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Tranche B Revolving Loans may consist of Base Rate Loans or Eurodollar Loans, or a combination thereof, as the Borrower may request, and may be repaid and reborrowed in accordance with the provisions hereof; PROVIDEDprovided, HOWEVERhowever, that the Tranche B Revolving Loans outstanding at any time shall consist of no more than 15 four (4) separate Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for Loans. For purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions borrowings of Eurodollar Loans may, in accordance with the provisions hereof, be combined through extensions or conversions at the end of existing Interest Periods to constitute a single new Eurodollar Loan with a single the same Interest Period). Tranche B Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof.

Appears in 1 contract

Samples: Guarantee Agreement (Isg Resources Inc)

Revolving Commitment. Subject During the Commitment Period, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth herein, each Lender which has a Revolving Commitment severally agrees to make available revolving credit loans ("Revolving Loans") to the Borrower from time to time for the purposes hereinafter set forth; provided, however, that (i) with regard to each Lender individually, the sum of such Lender's share of outstanding Revolving Loans plus such Lender's LOC Commitment Percentage of LOC Obligations plus the sum of such Lender's share of outstanding Swingline Loans shall not exceed such Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower aggregate Revolving Committed Amount then in Dollars effect, and ("REVOLVING LOANS"ii) from time with regard to time from the Closing Date until the Maturity DateLenders collectively, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDED, HOWEVER, that the sum of the aggregate outstanding principal amount of outstanding Revolving Loans plus LOC Obligations plus the outstanding Swingline Loans shall not exceed ONE HUNDRED MILLION the lesser of (A) the Borrowing Base and (B) the aggregate Revolving Committed Amount then in effect. For purposes hereof, the aggregate amount available hereunder shall be no more than ninety Million DOLLARS ($100,000,00090,000,000) (as such aggregate maximum amount may be reduced from time to time as provided in Section 3.42.6, the "REVOLVING COMMITTED AMOUNT"); PROVIDED, FURTHER, (A) with regard to each Lender individually, such Lender's outstanding Revolving Loans shall not exceed such Lender's Revolving Commitment Percentage of the Revolving Committed Amount, and (B) the sum of the aggregate outstanding principal amount of Revolving Loans PLUS LOC Obligations PLUS Swingline Loans shall not exceed the Revolving Committed Amount"). The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Alternate Base Rate Loans or Eurodollar LIBOR Rate Loans, or a combination thereof, as the Borrower may request; PROVIDED, HOWEVER, that no more than 15 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof. LIBOR Rate Loans shall be made by each Lender at its LIBOR Lending Office and Alternate Base Rate Loans at its Domestic Lending Office. Notwithstanding any provision herein to the contrary, the initial borrowings under this Agreement, if any, made on the Closing Date shall be made as Alternate Base Rate Loans and LIBOR Rate Loans may be made only on the third Business Day following the Closing Date and at any time thereafter in accordance with the provisions of this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Right Management Consultants Inc)

Revolving Commitment. Subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth herein, each Lender severally agrees to make available to the Borrower such Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANSRevolving Loans") from time to time from the Closing Date until the Maturity Termination Date, or such earlier date as the Revolving Commitments shall have been terminated as provided hereinherein for the purposes hereinafter set forth; PROVIDEDprovided further, HOWEVERhowever, that the sum of the aggregate outstanding principal amount of outstanding Revolving Loans shall not exceed ONE HUNDRED SEVENTY-FIVE MILLION DOLLARS ($100,000,00075,000,000) (as such aggregate maximum amount may be reduced from time to time as provided in Section 3.4, the "REVOLVING COMMITTED AMOUNTRevolving Committed Amount"); PROVIDEDprovided, FURTHERfurther, (Ai) with regard to each Lender individually, such Lender's outstanding Revolving Loans shall not exceed such Lender's Revolving Commitment Percentage of the Revolving Committed Amount, and (Bii) with regard to the sum of Lenders collectively, the aggregate outstanding principal amount of outstanding Revolving Loans PLUS plus LOC Obligations PLUS outstanding plus the aggregate principal amount of outstanding Competitive Loans plus the aggregate principal amount of outstanding Swingline Loans shall not exceed the Revolving Committed Amount. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Base Rate Loans or Eurodollar Loans, or a combination thereof, as the Borrower may request, and may be repaid and reborrowed in accordance with the provisions hereof; PROVIDEDprovided, HOWEVERhowever, that no more than 15 12 separate Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for time. For purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof.

Appears in 1 contract

Samples: Credit Agreement (Hunt Manufacturing Co)

Revolving Commitment. Subject to During the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinCommitment Period, each Revolving Lender severally agrees to make available revolving credit loans (the "Committed Revolving Loans") in Dollars and in Available Foreign Currencies on any Business Day to the Borrowers; provided that (i) with respect to each Borrower, the aggregate principal amount of Revolving Obligations owing by such Borrower shall not exceed its Designated Borrowing Limit, (ii) with respect to the Revolving Lenders collectively, (A) the aggregate principal amount of Revolving Obligations shall not exceed FIVE HUNDRED MILLION DOLLARS ($500,000,000) (as such amount may be decreased in accordance with the provisions hereof, the "Aggregate Revolving Committed Amount") and (B) the aggregate principal amount of Revolving Obligations in Foreign Currencies shall not exceed THREE HUNDRED MILLION DOLLARS ($300,000,000) (as such amount may be decreased in accordance with the provisions hereof, the "Aggregate Foreign Revolving Committed Amount"), and (iii) with respect to each Revolving Lender individually, such Revolving Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANS") from time to time from the Closing Date until the Maturity Date, or such earlier date as the Committed Revolving Commitments shall have been terminated as provided herein; PROVIDED, HOWEVER, that the sum of the aggregate outstanding principal amount of Revolving Loans Obligations shall not exceed ONE HUNDRED MILLION DOLLARS ($100,000,000) (as such aggregate maximum amount may be reduced from time to time as provided in Section 3.4, the "REVOLVING COMMITTED AMOUNT"); PROVIDED, FURTHER, (A) with regard to each Lender individually, such Lender's outstanding Revolving Loans shall not exceed such Lender's Revolving Commitment Percentage of the Revolving Committed Amount, and (B) the sum of the aggregate outstanding principal amount of Revolving Loans PLUS LOC Obligations PLUS Swingline Loans shall not exceed the its respective Revolving Committed Amount. The initial advance of the Committed Revolving Loans on the Closing Date shall consist solely may be comprised of Base Rate Loans. Thereafter, Revolving Loans may consist of Base Eurocurrency Rate Loans or Eurodollar Loans, or a combination thereof, as the respective Borrower may request; PROVIDED, HOWEVER, that no more than 15 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions request and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof.

Appears in 1 contract

Samples: Credit Agreement (Fresenius Medical Care Holdings Inc /Ny/)

Revolving Commitment. Subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth herein, each Lender severally agrees to make available to the Borrower such Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANSRevolving Loans") from time to time from the Closing Funding Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDEDprovided, HOWEVERhowever, that the sum of the aggregate outstanding principal amount of Revolving Loans shall not exceed ONE HUNDRED NINETY THREE MILLION DOLLARS ($100,000,00093,000,000) (as such aggregate maximum amount may be reduced from time to time as provided in Section 3.4, the "REVOLVING COMMITTED AMOUNTRevolving Committed Amount"); PROVIDEDprovided, FURTHERfurther, (A) with regard to each Lender individually, such Lender's outstanding Revolving Loans shall not exceed such Lender's Revolving Commitment Percentage of the Revolving Committed Amount, and (B) the sum of the aggregate outstanding principal amount of Revolving Loans PLUS LOC Obligations PLUS Swingline Loans shall not exceed the Revolving Committed Amount, (C) a Revolving Loan borrowing shall only be made available once per calendar month and (D) each Revolving Loan borrowing is subject to the conditions set forth in Schedule 4.3. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Base Rate Loans or Eurodollar Loans, or a combination thereof, as the Borrower may request; PROVIDEDprovided, HOWEVERhowever, that no more than 15 six Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Once repaid, the Revolving Loans hereunder may cannot be repaid and reborrowed in accordance with reborrowed. No Revolving Loans shall be made available during the provisions hereofExtension Period.

Appears in 1 contract

Samples: Credit Agreement (Nordstrom Inc)

Revolving Commitment. (a) Subject to the terms and conditions hereof and in reliance upon hereof, the representations and warranties set forth herein, each Lender severally Bank agrees to make available revolving credit loans to the Borrower such Lender's (the "Revolving Commitment Percentage Credit Loans") and issue Letters of revolving credit loans requested by Credit for the account of the Borrower in Dollars ("REVOLVING LOANS") from time to time from the Closing Date until the Maturity Date, or such earlier date as during the Revolving Commitments shall have been terminated as provided hereinCommitment Period; PROVIDEDprovided, HOWEVERthat, that the sum after giving immediate effect to such Revolving Credit Loan(s) and/or Letter(s) of the aggregate outstanding principal amount of Revolving Loans shall not exceed ONE HUNDRED MILLION DOLLARS ($100,000,000) (as such aggregate maximum amount may be reduced from time to time as provided in Section 3.4, the "REVOLVING COMMITTED AMOUNT"); PROVIDED, FURTHERCredit, (Ai) with regard to each Lender individually, such Lender's outstanding Revolving Loans shall not exceed such Lender's Revolving Commitment Percentage of the Revolving Committed Amount, and (B) the sum of the aggregate outstanding principal amount of Revolving Loans PLUS LOC Obligations PLUS Swingline Loans Credit Exposure shall not exceed the Revolving Committed Amount. The initial advance lesser of (x) the Revolving Loans on Commitment or (y) the Closing Date Borrowing Base and (ii) the LC Exposure shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Base Rate Loans or Eurodollar Loans, or a combination thereofnot exceed the LC Sublimit, as such amounts may be reduced as provided in this Agreement. During the Revolving Commitment Period the Borrower may request; PROVIDEDuse the Revolving Commitment (i) for obtaining Revolving Credit Loans by borrowing, HOWEVERprepaying in whole or in part and reborrowing on a revolving basis, that no more than 15 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, all in accordance with the provisions hereofterms and conditions hereof and (ii) for the issuance of Letters of Credit by the issuance, be combined at the end of existing Interest Periods to constitute repayment and/or termination in whole or in part and reissuance on a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed revolving basis, all in accordance with the provisions terms and conditions hereof. Within the limits as set forth above in this Section 2.1(a), and subject to the other terms and conditions hereof, the Borrower may borrow under this Section 2. 1(a), prepay under Section 2.10(a), and reborrow under this Section 2.1(a). Revolving Credit Loans may be Fluctuating Rate Loans or LIBOR Loans, as further provided herein.

Appears in 1 contract

Samples: Loan Agreement (Integramed America Inc)

Revolving Commitment. Subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth herein, each Lender severally agrees to make available to the Borrower such Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANSRevolving Loans") from time to time from the Closing Effective Date until the Maturity Termination Date, or such earlier date as the Revolving Commitments shall have been terminated as provided hereinherein for the purposes hereinafter set forth; PROVIDEDprovided, HOWEVERhowever, that the sum of the aggregate outstanding principal amount of outstanding Revolving Loans shall not exceed ONE HUNDRED the lesser of (a) FORTY MILLION DOLLARS ($100,000,00040,000,000.00) (as such aggregate maximum amount may be reduced from time to time as provided in Section 3.43.4(a), the "REVOLVING COMMITTED AMOUNTRevolving Committed Amount")) and (b) the Borrowing Base; PROVIDEDprovided, FURTHERfurther, (Ai) with regard to each Lender individually, such Lender's outstanding Revolving Loans shall not exceed such Lender's Revolving Commitment Percentage of the Revolving Committed Amount, and (Bii) with regard to the sum Lenders collectively, the aggregate principal amount of outstanding Revolving Loans plus the Dollar Amount (as determined as of the most recent Determination Date) of the aggregate outstanding principal amount of Revolving outstanding Foreign Currency Loans PLUS plus the aggregate principal amount of outstanding Swingline Loans plus LOC Obligations PLUS Swingline Loans outstanding shall not exceed the lesser of (A) the Revolving Committed AmountAmount and (B) the Borrowing Base. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Base Rate Loans or Eurodollar Loans, or a combination thereof, as the Borrower may request, and may be repaid and reborrowed in accordance with the provisions hereof; PROVIDEDprovided, HOWEVERhowever, that (x) during the Initial Interest Rate Period, all Eurodollar Loans shall have an Interest Period of one (1) month and (y) no more than 15 10 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for time. For purposes hereof, Eurodollar Loans with different Interest Periods and/or in different currencies shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period)Period and in the same currency. Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof.

Appears in 1 contract

Samples: Credit Agreement (Genicom Corp)

Revolving Commitment. Subject During the Commitment Period, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Lender severally agrees to make available revolving credit loans ("Revolving Loans") to the Borrower such Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANS") from time to time from for the Closing Date until the Maturity Datepurposes hereinafter set forth; provided, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDED, HOWEVERhowever, that the sum of the aggregate outstanding principal amount of Revolving Loans shall not exceed ONE HUNDRED MILLION DOLLARS ($100,000,000) (as such aggregate maximum amount may be reduced from time to time as provided in Section 3.4, the "REVOLVING COMMITTED AMOUNT"); PROVIDED, FURTHER, (Ai) with regard to each Lender individually, the sum of such Lender's share of outstanding Revolving Loans plus such Lender's Revolving Commitment Percentage of Swingline Loans plus such Lender's LOC Commitment Percentage of LOC Obligations shall not exceed such Lender's Revolving Commitment Percentage of the aggregate Revolving Committed Amount, and (Bii) with regard to the Lenders collectively, the sum of the aggregate outstanding principal amount of outstanding Revolving Loans PLUS plus Swingline Loans plus LOC Obligations PLUS Swingline Loans shall not exceed the Revolving Committed Amount. The initial advance For purposes hereof, the aggregate amount available hereunder shall be THREE HUNDRED MILLION DOLLARS ($300,000,000) (which amount shall be reduced to TWO HUNDRED MILLION DOLLARS ($200,000,000) with a corresponding reduction in each Lender's Commitment as set forth on Schedule 2.1(a) upon the issuance of the Senior Notes, and as such aggregate maximum amount may be further reduced from time to time as provided in Section 2.5, the "Revolving Loans on the Closing Date shall consist solely of Base Rate LoansCommitted Amount"). Thereafter, Revolving Loans may consist of Alternate Base Rate Loans or Eurodollar LIBOR Rate Loans, or a combination thereof, as the Borrower may request; PROVIDED, HOWEVER, that no more than 15 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof. LIBOR Rate Loans shall be made by each Lender at its LIBOR Lending Office and Alternate Base Rate Loans at its Domestic Lending Office.

Appears in 1 contract

Samples: Credit Agreement (International Speedway Corp)

Revolving Commitment. Subject During the Commitment Period, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Lender severally agrees to make available revolving credit loans ("Revolving Loans") to the Borrower from time to time for the purposes hereinafter set forth; provided, however, that (i) with regard to each Lender individually, the sum of such Lender's share of outstanding Revolving Loans plus such Lender's LOC Commitment Percentage of outstanding LOC Obligations shall not exceed such Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars aggregate Revolving Committed Amount, and ("REVOLVING LOANS"ii) from time with regard to time from the Closing Date until the Maturity DateLenders collectively, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDED, HOWEVER, that the sum of the aggregate outstanding principal amount of outstanding Revolving Loans plus outstanding LOC Obligations shall not exceed ONE HUNDRED the Revolving Committed Amount. For purposes hereof, the aggregate amount available hereunder shall be THIRTY-THREE MILLION DOLLARS ($100,000,00033,000,000) (as such aggregate maximum amount may be reduced from time to time as provided in Section 3.42.5, the "REVOLVING COMMITTED AMOUNT"); PROVIDED, FURTHER, (A) with regard to each Lender individually, such Lender's outstanding Revolving Loans shall not exceed such Lender's Revolving Commitment Percentage of the Revolving Committed Amount, and (B) the sum of the aggregate outstanding principal amount of Revolving Loans PLUS LOC Obligations PLUS Swingline Loans shall not exceed the Revolving Committed Amount"). The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Alternate Base Rate Loans or Eurodollar LIBOR Rate Loans, or a combination thereof, as the Borrower may request; PROVIDED, HOWEVER, that no more than 15 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof; provided that no more than five (5) separate LIBOR Tranches shall be outstanding at any one time. LIBOR Rate Loans shall be made by each Lender at its LIBOR Lending Office and Alternate Base Rate Loans at its Domestic Lending Office.

Appears in 1 contract

Samples: Credit Agreement (Lower Road Associates LLC)

Revolving Commitment. Subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth herein, each Lender severally agrees to make available to the Borrower such Lender's Revolving Commitment ’s Applicable Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANS"“Revolving Loans”) from time to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDEDprovided, HOWEVERhowever, that (i) with regard to the sum Lenders collectively, the amount of the aggregate Revolving Obligations outstanding principal amount of Revolving Loans shall not exceed ONE HUNDRED MILLION DOLLARS ($100,000,000) (as such aggregate maximum amount may be reduced from time to time as provided in Section 3.4the Revolving Committed Amount; provided, the "REVOLVING COMMITTED AMOUNT"); PROVIDED, FURTHERfurther, (Aii) with regard to each Lender individually, such Lender's outstanding ’s Applicable Percentage of the sum of the Revolving Loans plus LOC Obligations outstanding plus Swingline Loans outstanding shall not exceed such Lender's ’s Revolving Commitment Percentage of the Revolving Committed Amount, and (B) the sum of the aggregate outstanding principal amount of Revolving Loans PLUS LOC Obligations PLUS Swingline Loans shall not exceed the Revolving Committed AmountCommitment. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Base Rate Loans or Eurodollar Loans, or a combination thereof, as the Borrower may request; PROVIDEDprovided, HOWEVERhowever, that no more than 15 ten Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof.

Appears in 1 contract

Samples: Credit Agreement (Tractor Supply Co /De/)

Revolving Commitment. Subject During the Commitment Period, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Revolving Lender severally severally, but not jointly, agrees to make available revolving credit loans in Dollars (together with all such revolving loans collectively as the context requires, the “Revolving Loans”) to the Borrower such Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANS") from time to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDED, HOWEVER, that the sum of the in an aggregate outstanding principal amount of Revolving Loans shall not exceed up to ONE HUNDRED TWENTY-FIVE MILLION DOLLARS ($100,000,000125,000,000) (as increased from time to time as provided in Section 2.22, as such aggregate maximum amount may be reduced from time to time as provided in Section 3.42.6 and, except where context otherwise dictates, reflecting any amount under any Replacement Revolving Commitment Series, the "REVOLVING COMMITTED AMOUNT"“Revolving Committed Amount”) for the purposes hereinafter set forth (such facility, including any Revolving Facility Increase established pursuant to Section 2.22 and together with, except where context otherwise dictates, each Extended Revolving Commitment and Replacement Revolving Commitment Series, the “Revolving Facility”); PROVIDEDprovided, FURTHERhowever, that (Ai) with regard to each Revolving Lender individually, the sum of such Revolving Lender's outstanding Revolving Loans shall not exceed such Lender's ’s Revolving Commitment Percentage of the aggregate principal amount of outstanding Revolving Committed Amount, Loans plus such Lender’s Revolving Commitment Percentage of outstanding LOC Obligations shall not exceed such Revolving Lender’s Revolving Commitment and (Biii) with regard to the Revolving Lenders collectively, the sum of the aggregate outstanding principal amount of outstanding Revolving Loans PLUS plus outstanding LOC Obligations PLUS Swingline Loans shall not exceed the Revolving Committed AmountAmount then in effect. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Alternate Base Rate Loans or Eurodollar LIBOR Rate Loans, or a combination thereof, as the Borrower may request; PROVIDED, HOWEVER, that no more than 15 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof; provided, however, the Revolving Loans made on any of the three (3) Business Days following the Closing Date, may only consist of Alternate Base Rate Loans unless the Borrower delivers a funding indemnity letter, substantially in the form of Exhibit 2.1(a), reasonably acceptable to the Administrative Agent not less than three (3) Business Days prior to the requested borrowing date. LIBOR Rate Loans shall be made by each Revolving Lender at its LIBOR Lending Office and Alternate Base Rate Loans at its Domestic Lending Office.

Appears in 1 contract

Samples: Credit Agreement (Carrols Restaurant Group, Inc.)

Revolving Commitment. Subject During the Commitment Period, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Revolving Lender severally agrees to severally, but not jointly, shall make available revolving credit loans in Dollars (“Revolving Loans”) to the Borrower such Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANS") from time to time from in an aggregate principal amount not at any time exceeding the Closing Date until the Maturity Date, or such earlier date as the total of Revolving Commitments of all the Lenders, which amount on the Amendment No. 2 Effective Date shall have been terminated as provided herein; PROVIDED, HOWEVER, that the sum of the aggregate outstanding principal amount of Revolving Loans shall not exceed equal ONE BILLION TWO HUNDRED MILLION DOLLARS ($100,000,0001,200,000,000) (as increased from time to time as provided in Section 2.22 and as such aggregate maximum amount may be reduced from time to time as provided in Section 3.42.6, the "REVOLVING COMMITTED AMOUNT"“Revolving Committed Amount”) for the purposes hereinafter set forth (the “Revolving Facility”); PROVIDEDprovided, FURTHERhowever, that from the Amendment No. 3 Effective Date through September 30, 2021, the aggregate amount of undrawn Revolving Commitments shall be at least $300,000,000 at all times; provided, further, that (Ai) with regard to each Revolving Lender individually, the sum of such Revolving Lender's outstanding Revolving Loans shall not exceed such Lender's ’s Revolving Commitment Percentage of the aggregate principal amount of outstanding Revolving Committed Amount, Loans plus such Revolving Lender’s Revolving Commitment Percentage of the outstanding principal amount of the LOC Obligations shall not exceed such Revolving Lender’s Revolving Commitment and (Bii) with regard to the Revolving Lenders collectively, the sum of the aggregate outstanding principal amount of outstanding Revolving Loans PLUS plus the aggregate principal amount of outstanding LOC Obligations PLUS Swingline Loans shall not exceed the Revolving Committed AmountAmount then in effect. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Alternate Base Rate Loans or Eurodollar LIBOR Rate Loans, or a combination thereof, as the Borrower may request; PROVIDED, HOWEVER, that no more than 15 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof; provided, however, the Revolving Loans made on the Closing Date or any of the three (3) Business Days following the Closing Date, may only consist of Alternate Base Rate Loans unless the Borrower delivers a funding indemnity letter, substantially in the form of Exhibit 2.1(a), reasonably acceptable to the Administrative Agent on or before the Closing Date, in which case LIBOR Rate Loans are available to the Borrower. LIBOR Rate Loans shall be made by each Revolving Lender at its LIBOR Lending Office and Alternate Base Rate Loans at its Domestic Lending Office.

Appears in 1 contract

Samples: Credit Agreement (Mednax, Inc.)

Revolving Commitment. Subject During the Commitment Period, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Revolving Lender severally severally, but not jointly, agrees to make available revolving credit loans in Dollars (“Revolving Loans”) to the Borrower such Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANS") from time to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDED, HOWEVER, that the sum of the in an aggregate outstanding principal amount of Revolving Loans shall not exceed ONE HUNDRED up to FIFTY MILLION DOLLARS ($100,000,00050,000,000) (as such aggregate maximum amount may be reduced from time to time as provided in Section 3.42.6, the "REVOLVING COMMITTED AMOUNT"“Revolving Committed Amount”) for the purposes hereinafter set forth (such facility, the “Revolving Facility”); PROVIDEDprovided, FURTHERhowever, that (Ai) with regard to each Revolving Lender individually, the sum of such Revolving Lender's outstanding Revolving Loans shall not exceed such Lender's ’s Revolving Commitment Percentage of the aggregate principal amount of outstanding Revolving Committed Amount, Loans plus such Revolving Lender’s Revolving Commitment Percentage of outstanding LOC Obligations shall not exceed such Revolving Lender’s Revolving Commitment and (Bii) with regard to the Revolving Lenders collectively, the sum of the aggregate outstanding principal amount of outstanding Revolving Loans PLUS plus outstanding LOC Obligations PLUS Swingline Loans shall not exceed the Revolving Committed AmountAmount then in effect. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Alternate Base Rate Loans or Eurodollar LIBOR Rate Loans, or a combination thereof, as the Borrower may request; PROVIDED, HOWEVER, that no more than 15 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof; provided, however, the Revolving Loans made on the Closing Date or any of the three (3) Business Days following the Closing Date, may only consist of Alternate Base Rate Loans unless the Borrower delivers a funding indemnity letter, substantially in the form of Exhibit 2.1(a), reasonably acceptable to the Administrative Agent not less than three (3) Business Days prior to the Closing Date. LIBOR Rate Loans shall be made by each Revolving Lender at its LIBOR Lending Office and Alternate Base Rate Loans at its Domestic Lending Office.

Appears in 1 contract

Samples: Credit Agreement (Impax Laboratories Inc)

Revolving Commitment. Subject During the Commitment Period, -------------------- subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Lender severally agrees to make available revolving credit loans ("Revolving Loans") to the --------------- Borrower from time to time for the purposes hereinafter set forth; provided, however, that (i) with regard to each Lender individually, -------- ------- the sum of such Lender's share of outstanding Revolving Loans plus such ---- Lender's LOC Commitment Percentage of LOC Obligations shall not exceed such Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars aggregate Revolving Committed Amount, and ("REVOLVING LOANS"ii) from time with regard to time from the Closing Date until the Maturity DateLenders collectively, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDED, HOWEVER, that the sum of the aggregate amount of outstanding principal Revolving Loans plus LOC Obligations shall not exceed the aggregate Revolving ---- Committed Amount then in effect. For purposes hereof, the aggregate amount of Revolving Loans available hereunder shall not exceed ONE HUNDRED MILLION be TWENTY-FIVE Million DOLLARS ($100,000,00025,000,000) (as such aggregate maximum amount may be reduced from time to time as provided in Section 3.42.7, the "REVOLVING COMMITTED AMOUNTRevolving --------- Committed Amount"); PROVIDED, FURTHER, (A) with regard to each Lender individually, such Lender's outstanding Revolving Loans shall not exceed such Lender's Revolving Commitment Percentage of the Revolving Committed Amount, and (B) the sum of the aggregate outstanding principal amount of Revolving Loans PLUS LOC Obligations PLUS Swingline Loans shall not exceed the Revolving Committed Amount. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Alternate Base Rate ---------------- Loans or Eurodollar LIBOR Rate Loans, or a combination thereof, as the Borrower may request; PROVIDED, HOWEVER, that no more than 15 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof; provided, however, Revolving Loans made on the -------- ------- Closing Date or on any of the three Business Days following the Closing Date may only consist of Alternate Base Rate Loans.

Appears in 1 contract

Samples: Credit Agreement (Fisher Communications Inc)

Revolving Commitment. Subject During the Commitment Period, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Revolving Lender severally severally, but not jointly, agrees to make available revolving credit loans in Dollars (“Revolving Loans”) to the Borrower such Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANS") from time to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDED, HOWEVER, that the sum of the in an aggregate outstanding principal amount of Revolving Loans shall not exceed ONE HUNDRED up to TWENTY MILLION DOLLARS ($100,000,00020,000,000) (as such aggregate maximum amount may be reduced from time to time as provided in Section 3.42.6, the "REVOLVING COMMITTED AMOUNT")“Revolving Committed Amount”) for the purposes hereinafter set forth; PROVIDEDprovided, FURTHERhowever, that (Ai) with regard to each Revolving Lender individually, the sum of such Revolving Lender's outstanding Revolving Loans shall not exceed such Lender's ’s Revolving Commitment Percentage of the aggregate principal amount of outstanding Revolving Committed Amount, Loans plus such Revolving Lender’s Revolving Commitment Percentage of outstanding Swingline Loans plus such Revolving Lender’s Revolving Commitment Percentage of outstanding LOC Obligations shall not exceed such Revolving Lender’s Revolving Commitment and (Bii) with regard to the Revolving Lenders collectively, the sum of the aggregate outstanding principal amount of outstanding Revolving Loans PLUS plus outstanding Swingline Loans plus outstanding LOC Obligations PLUS Swingline Loans shall not exceed the Revolving Committed AmountAmount then in effect. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Alternate Base Rate Loans or Eurodollar LIBOR Rate Loans, or a combination thereof, as the Borrower may request; PROVIDED, HOWEVER, that no more than 15 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof; provided, however, the Revolving Loans made on the Closing Date or any of the three (3) Business Days following the Closing Date, may only consist of Alternate Base Rate Loans unless the Borrower delivers a funding indemnity letter, substantially in the form of Exhibit 2.1(a), reasonably acceptable to the Administrative Agent not less than three (3) Business Days prior to the Closing Date. LIBOR Rate Loans shall be made by each Revolving Lender at its LIBOR Lending Office and Alternate Base Rate Loans at its Domestic Lending Office.

Appears in 1 contract

Samples: Credit Agreement (New Century Transportation, Inc.)

Revolving Commitment. Subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth herein, each Lender severally agrees to make available to the Borrower such Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANSRevolving Loans") up to such Lender’s Revolving Commitment from time to time from the Closing Date until the Maturity Termination Date, or such earlier date as the Revolving Commitments shall have been terminated as provided hereinherein for the purposes hereinafter set forth; PROVIDEDprovided, HOWEVERhowever, that the sum of the aggregate outstanding principal amount of outstanding Revolving Loans shall not exceed ONE SEVEN HUNDRED MILLION DOLLARS ($100,000,000700,000,000.00) (as such aggregate maximum amount may be reduced or increased from time to time as provided in Section Sections 3.3 and 3.4, the "REVOLVING COMMITTED AMOUNTRevolving Committed Amount"); PROVIDEDprovided, FURTHERfurther, (Ai) with regard to each Lender individually, such Lender's ’s outstanding Revolving Loans shall not exceed such Lender's ’s Revolving Commitment Percentage of the Revolving Committed AmountCommitment, and (Bii) with regard to the Lenders collectively, the sum of the aggregate outstanding principal amount of outstanding Revolving Loans PLUS LOC Obligations PLUS plus the aggregate principal amount of outstanding Competitive Loans plus the aggregate principal amount of outstanding Swingline Loans plus the L/C Obligations outstanding shall not at any time exceed the Revolving Committed Amount. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Base Rate Loans or Eurodollar Loans, or a combination thereof, as the Borrower may request, and may be repaid and reborrowed in accordance with the provisions hereof; PROVIDEDprovided, HOWEVERhowever, that no more than 15 25 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for time. For purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof. Notwithstanding the foregoing, the Borrower may not request any Loans hereunder while a Change of Control Standstill Period shall be in effect pursuant to Section 3.4(e) hereof.

Appears in 1 contract

Samples: Credit Agreement (Autozone Inc)

Revolving Commitment. Subject During the Commitment Period, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Revolving Lender severally severally, but not jointly, agrees to make available to the Borrower such Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANS"“Revolving Loans”) to the Borrowers from time to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDED, HOWEVER, that the sum of the in an aggregate outstanding principal amount of Revolving Loans shall not exceed up to ONE HUNDRED MILLION DOLLARS ($100,000,000) (as the same may be increased as provided in Section 2.1(e) and as such aggregate maximum amount may be reduced from time to time as provided in Section 3.42.4, the "REVOLVING COMMITTED AMOUNT")“Revolving Committed Amount”) for the purposes hereinafter set forth; PROVIDEDprovided, FURTHERhowever, that (Ai) with regard to each Revolving Lender individually, the sum of such Revolving Lender's ’s Revolving Commitment Percentage of the aggregate principal amount of outstanding Revolving Loans shall not exceed such Revolving Lender's ’s Revolving Commitment Percentage of and (ii) with regard to the Revolving Committed AmountLenders collectively, and (B) the sum of the aggregate outstanding principal amount of outstanding Revolving Loans PLUS LOC Obligations PLUS Swingline Loans shall not exceed the Revolving Committed AmountAmount then in effect. The initial advance of No Revolving Loan shall be made by any Revolving Lender if (i) such Revolving Loan and the Revolving Loans on Loan Collateral therefor are not approved by the Closing Date shall consist solely Administrative Agent in its discretion, (ii) before or after giving effect to such Revolving Loan, the Availability is or would be negative and (iii) the conditions to Extensions of Base Rate LoansCredit in Section 4.2 are not satisfied. Thereafter, Revolving Loans may consist of Alternate Base Rate Loans or Eurodollar LIBOR Rate Loans, or a combination thereof, as the Borrower Borrowers may request; PROVIDED, HOWEVER, that no more than 15 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof; provided, however, the Revolving Loans made on the Closing Date or any of the three (3) Business Days following the Closing Date, may only consist of Alternate Base Rate Loans unless the Borrowers deliver a 41 funding indemnity letter, substantially in the form of Exhibit 2.1(a), reasonably acceptable to the Administrative Agent not less than three (3) Business Days prior to the Closing Date. LIBOR Rate Loans shall be made by each Revolving Lender at its LIBOR Lending Office and Alternate Base Rate Loans at its Domestic Lending Office.

Appears in 1 contract

Samples: Credit Agreement (Arbor Realty Trust Inc)

Revolving Commitment. Subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth herein, each Lender severally agrees to make available to the Borrower such Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANSRevolving Loans") from time to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDEDprovided, HOWEVERhowever, that (i) with regard to the sum Lenders collectively, the Dollar Amount (determined as of the aggregate outstanding principal amount most recent Determination Date) of Revolving Loans Obligations outstanding shall not exceed ONE HUNDRED MILLION DOLLARS the lesser of ($100,000,000A) (as such aggregate maximum amount may be reduced from time to time as provided in Section 3.4, the "REVOLVING COMMITTED AMOUNT"); PROVIDED, FURTHERRevolving Committed Amount, (AB) the Available Revolving Committed Amount and (C) the Borrowing Base; provided, further, (ii) with regard to each Lender individually, such Lender's outstanding Revolving Loans shall not exceed the Dollar Amount (determined as of the most recent Determination Date) of such Lender's Revolving Commitment Percentage of the Revolving Committed Amount, and (B) the sum of the aggregate outstanding principal amount of Revolving Loans PLUS plus Foreign Currency Loans plus LOC Obligations PLUS plus Swingline Loans outstanding shall not exceed the such Lender's Revolving Committed Amount. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Base Rate Loans or Eurodollar Eurocurrency Loans, or a combination thereof, as the Borrower may request; PROVIDEDprovided, HOWEVERhowever, that no more than 15 Eurodollar eight (8) Eurocurrency Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Eurocurrency Loans with different Interest Periods shall be considered as separate Eurodollar Eurocurrency Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Eurocurrency Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof.

Appears in 1 contract

Samples: Credit Agreement (Profit Recovery Group International Inc)

Revolving Commitment. Subject to the terms and conditions hereof -------------------- and in reliance upon the representations and warranties set forth herein, each Lender severally agrees to make available to the Borrower Borrowers such Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower Borrowers in Dollars ("REVOLVING LOANSRevolving Loans") from time to time from the Closing --------------- Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided hereinherein for the purposes hereinafter set forth; PROVIDEDprovided, HOWEVERhowever, that the sum of the aggregate outstanding -------- ------- principal amount of outstanding Revolving Loans shall not exceed ONE THREE HUNDRED MILLION DOLLARS ($100,000,000300,000,000) (as such aggregate maximum amount may be reduced from time to time as provided in Section 3.4, the "REVOLVING COMMITTED AMOUNTRevolving --------- Committed Amount"); PROVIDEDprovided, FURTHERfurther, (Ai) with regard to each Lender ---------------- -------- ------- individually, such Lender's outstanding Revolving Loans shall not exceed such Lender's Revolving Commitment Percentage of the Revolving Committed Amount, and (Bii) with regard to the sum of Lenders collectively, the aggregate outstanding principal amount of outstanding Revolving Loans PLUS plus the aggregate principal amount ---- of outstanding Competitive Loans plus the aggregate principal amount of ---- outstanding Swingline Loans plus LOC Obligations PLUS Swingline Loans outstanding shall not ---- exceed the Revolving Committed Amount. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Base Rate Loans or Eurodollar Loans, or a combination thereof, as the Borrower Borrowers may request, and may be repaid and reborrowed in accordance with the provisions hereof; PROVIDEDprovided, HOWEVERhowever, that no more than 15 ten (10) Eurodollar -------- ------- Loans shall be outstanding hereunder at any time (it being understood that, for time. For purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof.

Appears in 1 contract

Samples: Credit Agreement (Highwoods Realty LTD Partnership)

Revolving Commitment. Subject During the Commitment Period, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Revolving Lender severally agrees to make available revolving credit loans (“Revolving Loans”) to the Borrower Borrowers from time to time for the purposes hereinafter set forth; provided, however, that (i) the aggregate principal amount of outstanding Revolving Loans and Swingline Loans made to the Company plus the outstanding Company LOC Obligations shall not exceed $150,000,000 at any time outstanding, (ii) no more than $75,000,000 of Revolving Loans may be borrowed on the Closing Date, (iii) with regard to each Revolving Lender individually, the sum of such Revolving Lender's ’s Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars aggregate principal amount of outstanding Revolving Loans plus outstanding Swingline Loans plus outstanding LOC Obligations shall not exceed such Revolving Lender’s Revolving Commitment and ("REVOLVING LOANS"iv) from time with regard to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDEDLenders collectively, HOWEVER, that the sum of the aggregate principal amount of outstanding principal Revolving Loans plus outstanding Swingline Loan plus outstanding LOC Obligations shall not exceed the lesser of (A) the Revolving Committed Amount and (B) the Borrowing Base. For purposes hereof, the aggregate amount of Revolving Loans available hereunder shall not exceed ONE be THREE HUNDRED MILLION DOLLARS ($100,000,000300,000,000) (as such aggregate maximum amount may be reduced from time to time as provided in accordance with the terms of Section 3.42.7, the "REVOLVING COMMITTED AMOUNT"); PROVIDED, FURTHER, (A) with regard to each Lender individually, such Lender's outstanding Revolving Loans shall not exceed such Lender's Revolving Commitment Percentage of the Revolving Committed Amount, and (B) the sum of the aggregate outstanding principal amount of Revolving Loans PLUS LOC Obligations PLUS Swingline Loans shall not exceed the Revolving Committed Amount”). The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Alternate Base Rate Loans or Eurodollar LIBOR Rate Loans, or a combination thereof, as the Administrative Borrower may request; PROVIDED, HOWEVER, that no more than 15 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof. LIBOR Rate Loans shall be made by each Lender at its LIBOR Lending Office and Alternate Base Rate Loans at its Domestic Lending Office.

Appears in 1 contract

Samples: Credit Agreement (Alliance One International, Inc.)

Revolving Commitment. Subject During the Commitment Period, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Lender severally agrees to make available revolving credit loans ("REVOLVING LOANS") to the Borrower from time to time for the purposes hereinafter set forth; PROVIDED, HOWEVER, that (i) with regard to each Lender individually, the sum of such Lender's share of outstanding Revolving Loans PLUS such Lender's Revolving Commitment Percentage of revolving credit loans requested by Swingline Loans PLUS such Lender's LOC Commitment Percentage of LOC Obligations shall not exceed such Lender's Revolving Commitment Percentage of the Borrower in Dollars aggregate Revolving Committed Amount, and ("REVOLVING LOANS"ii) from time with regard to time from the Closing Date until the Maturity DateLenders collectively, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDED, HOWEVER, that the sum of the aggregate outstanding principal amount of outstanding Revolving Loans PLUS Swingline Loans PLUS LOC Obligations shall not exceed the aggregate Revolving Committed Amount. For purposes hereof, the aggregate amount available hereunder shall be ONE HUNDRED SEVENTY-FIVE MILLION DOLLARS ($100,000,000175,000,000) (as such aggregate maximum amount may be reduced from time to time as provided in Section 3.42.6 or increased from time to time as provided in Section 2.20, the "REVOLVING COMMITTED AMOUNT"); PROVIDED, FURTHER, (A) with regard to each Lender individually, such Lender's outstanding Revolving Loans shall not exceed such Lender's Revolving Commitment Percentage of the Revolving Committed Amount, and (B) the sum of the aggregate outstanding principal amount of Revolving Loans PLUS LOC Obligations PLUS Swingline Loans shall not exceed the Revolving Committed Amount. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Alternate Base Rate Loans or Eurodollar LIBOR Rate Loans, or a combination thereof, as the Borrower may request; PROVIDED, HOWEVER, that no more than 15 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof. LIBOR Rate Loans shall be made by each Lender at its LIBOR Lending Office and Alternate Base Rate Loans at its Domestic Lending Office.

Appears in 1 contract

Samples: Credit Agreement (Consolidated Graphics Inc /Tx/)

Revolving Commitment. Subject During the Commitment Period, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Lender severally severally, but not jointly, agrees to make available revolving credit loans ("Revolving Loans") to the Borrower such Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANS") from time to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDED, HOWEVER, that the sum of the in an aggregate outstanding principal amount of Revolving Loans shall not exceed up to ONE HUNDRED MILLION FIFTY Million DOLLARS ($100,000,000150,000,000) (as such aggregate maximum amount may be reduced from time to time as provided in Section 3.42.5, the "REVOLVING COMMITTED AMOUNTAggregate Revolving Committed Amount")) for the purposes hereinafter set forth; PROVIDEDprovided, FURTHERhowever, that (Ai) with regard to each Lender individually, the aggregate principal amount of such Lender's Revolving Commitment Percentage of outstanding Revolving Loans plus such Lender's Revolving Commitment Percentage of outstanding Swingline Loans plus such Lender's LOC Commitment Percentage of LOC Obligations shall not exceed such Lender's Revolving Commitment Percentage of the Revolving Committed Amount, Amount and (Bii) with regard to the sum of Lenders collectively, the aggregate outstanding principal amount of the outstanding Revolving Loans PLUS plus outstanding Swingline Loans plus LOC Obligations PLUS Swingline Loans shall not exceed the Aggregate Revolving Committed Amount. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Alternate Base Rate Loans or Eurodollar LIBOR Rate Loans, or a combination thereof, as the Borrower may request; PROVIDED, HOWEVER, that no more than 15 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof; provided, however, Revolving Loans made on the Closing Date or on any of the three Business Days following the Closing Date may only consist of Alternate Base Rate Loans. LIBOR Rate Loans shall be made by each Lender at its LIBOR Lending Office and Alternate Base Rate Loans at its Domestic Lending Office.

Appears in 1 contract

Samples: Credit Agreement (MPS Group Inc)

Revolving Commitment. Subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth herein, each Lender severally agrees to make available to the Borrower such Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANSRevolving Loans") from time to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDEDprovided, HOWEVERhowever, that the sum of the aggregate outstanding principal amount of Revolving Loans plus the aggregate amount of Swingline Loans outstanding plus the outstanding LOC Obligations shall not exceed ONE TWO HUNDRED FIFTY MILLION DOLLARS ($100,000,000250,000,000) (as such aggregate maximum amount may be reduced from time to time as provided in Section 3.4, the "REVOLVING COMMITTED AMOUNTRevolving Committed Amount"); PROVIDEDprovided, FURTHERfurther, (A) with regard to each Lender individually, such Lender's outstanding Revolving Loans plus its Participation Interests in Swingline Loans and LOC Obligations shall not exceed such Lender's Revolving Commitment Percentage of the Revolving Committed Amount, and (B) the sum of the aggregate outstanding principal amount of Revolving Loans PLUS LOC Obligations PLUS Swingline Loans shall not exceed the Revolving Committed Amount. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Base Rate Loans or Eurodollar Loans, or a combination thereof, as the Borrower may request; PROVIDEDprovided, HOWEVERhowever, that no more than 15 six (6) Eurodollar Loans which are Revolving Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof.

Appears in 1 contract

Samples: Credit Agreement (Longview Fibre Co)

Revolving Commitment. Subject During the Commitment Period, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Revolving Lender severally severally, but not jointly, agrees to make available to the Borrower such Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANS"“Revolving Loans”) to the Borrowers from time to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDED, HOWEVER, that the sum of the in an aggregate outstanding principal amount of Revolving Loans shall not exceed ONE up to FOUR HUNDRED FIFTY MILLION DOLLARS ($100,000,000450,000,000) (as increased from time to time as provided in Section 2.22 and as such aggregate maximum amount may be reduced from time to time as provided in Section 3.42.6, the "REVOLVING COMMITTED AMOUNT"“Revolving Committed Amount”) for the purposes hereinafter set forth (such facility, the “Revolving Facility”); PROVIDEDprovided, FURTHERhowever, that (Ai) with regard to each Revolving Lender individually, the sum of such Revolving Lender's outstanding Revolving Loans shall not exceed such Lender's ’s Revolving Commitment Percentage of the aggregate principal amount of outstanding Revolving Committed Amount, Loans plus such Revolving Lender’s Revolving Commitment Percentage of outstanding Swingline Loans plus such Revolving Lender’s Revolving Commitment Percentage of outstanding LOC Obligations shall not exceed such Revolving Lender’s Revolving Commitment and (Bii) with regard to the Revolving Lenders collectively, the sum of the aggregate outstanding principal amount of outstanding Revolving Loans PLUS plus outstanding Swingline Loans plus outstanding LOC Obligations PLUS Swingline Loans shall not exceed the Revolving Committed AmountAmount then in effect. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Alternate Base Rate Loans or Eurodollar LIBOR Rate Loans, or a combination thereof, as the applicable Borrower may request; PROVIDED, HOWEVER, that no more than 15 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof; provided, however, the Revolving Loans made on the Closing Date or any of the three (3) Business Days following the Closing Date, may only consist of Alternate Base Rate Loans unless the Borrowers deliver a funding indemnity letter, substantially in the form of Exhibit 2.1(a), reasonably acceptable to the Administrative Agent not less than three (3) Business Days prior to the Closing Date. LIBOR Rate Loans shall be made by each Revolving Lender at its LIBOR Lending Office and Alternate Base Rate Loans at its Domestic Lending Office.

Appears in 1 contract

Samples: Credit Agreement (Innophos Holdings, Inc.)

Revolving Commitment. Subject During the Commitment Period, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Revolving Lender severally severally, but not jointly, agrees to make available revolving credit loans in Dollars (which, together with any revolving credit loans made pursuant to any Incremental Revolving Facility, shall be referred to herein as “Revolving Loans”) to the Borrower such Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANS") from time to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDED, HOWEVER, that the sum of the in an aggregate outstanding principal amount of Revolving Loans shall not exceed ONE HUNDRED up to TWENTY-FIVE MILLION DOLLARS ($100,000,00025,000,000) (as such aggregate maximum amount may be increased from time to time as provided for in Section 2.22 and reduced from time to time as provided in Section 3.42.6, the "REVOLVING COMMITTED AMOUNT")“Revolving Committed Amount”) for the purposes hereinafter set forth; PROVIDEDprovided, FURTHERhowever, that (Ai) with regard to each Revolving Lender individually, the sum of such Revolving Lender's outstanding Revolving Loans shall not exceed such Lender's ’s Revolving Commitment Percentage of the aggregate principal amount of outstanding Revolving Committed AmountLoans plus such Revolving Lender’s Revolving Commitment Percentage of outstanding Swingline Loans plus such Revolving Lender’s Revolving Commitment Percentage of outstanding LOC Obligations shall not exceed such Revolving Lender’s Revolving Commitment, and (Bii) with regard to the Revolving Lenders collectively, the sum of the aggregate outstanding principal amount of outstanding Revolving Loans PLUS plus outstanding Swingline Loans plus outstanding LOC Obligations PLUS Swingline Loans shall not exceed the Revolving Committed AmountAmount then in effect. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Alternate Base Rate Loans or Eurodollar LIBOR Rate Loans, or a combination thereof, as the Borrower may request; PROVIDED, HOWEVER, that no more than 15 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereofhereof and (iii) no more than $5,000,000 of Revolving Loans may be advanced on the Closing Date; provided, however, the Revolving Loans made on the Closing Date or any of the three (3) Business Days following the Closing Date, may only consist of Alternate Base Rate Loans unless the Borrower delivers a funding indemnity letter, substantially in the form of Exhibit 2.1(a), not less than three (3) Business Days prior to the Closing Date. LIBOR Rate Loans shall be made by each Revolving Lender at its LIBOR Lending Office and Alternate Base Rate Loans at its Domestic Lending Office.

Appears in 1 contract

Samples: Credit Agreement (Atlas Merger Subsidiary, Inc.)

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Revolving Commitment. Subject To the extent any Revolving Loans (as defined below) are outstanding under the Original Credit Agreement on the Restatement Effective Date, such Revolving Loans shall be deemed to constitute Revolving Loans outstanding hereunder from and after the Restatement Effective Date. In addition, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth herein, each Revolving Lender severally agrees to make available to the Borrower such Revolving Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANSRevolving Loans") from time to time from the Closing Restatement Effective Date until the Revolving Loan Maturity Date, or such earlier date as on which the Revolving Commitments shall have been terminated as provided herein; PROVIDEDprovided, HOWEVERhowever, that (i) with regard to the sum of Lenders collectively, the aggregate outstanding principal amount of Revolving Loans the Obligations outstanding shall not at any time exceed ONE HUNDRED MILLION DOLLARS ($100,000,000) (as such aggregate maximum amount may be reduced from time to time as provided in Section 3.4, the "REVOLVING COMMITTED AMOUNT"); PROVIDED, FURTHER, lesser of (A) the Aggregate Committed Amount minus the Availability Reserve and (B) the Borrowing Base; and (ii) with regard to each Revolving Lender individually, the amount of such Revolving Lender's Revolving Commitment Percentage of the Revolving Obligations outstanding Revolving Loans shall not exceed such Revolving Lender's Revolving Commitment Percentage of the Revolving Committed Amount, and (B) Amount minus the sum of the aggregate outstanding principal amount of Revolving Loans PLUS LOC Obligations PLUS Swingline Loans shall not exceed the Revolving Committed AmountAvailability Reserve. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Base Rate Loans or Eurodollar Loans, or a combination thereof, as the Borrower may request; PROVIDEDprovided, HOWEVERhowever, that no more than 15 six Eurodollar Loans shall be outstanding hereunder under this Section 2.1 at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof."

Appears in 1 contract

Samples: Waiver And (Prison Realty Trust Inc)

Revolving Commitment. Subject During the Commitment Period, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Lender severally agrees to make available revolving credit loans in Dollars (the “Revolving Loans”) to the Borrower such Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANS") from time to time from in the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDED, HOWEVER, that the sum of the aggregate outstanding principal amount of such Lender’s Commitment Percentage of such Revolving Loans for the purposes hereinafter set forth; provided that (i) with regard to the Lenders collectively, the Total Outstandings at any time shall not exceed ONE HUNDRED MILLION DOLLARS the Aggregate Revolving Committed Amount, and ($100,000,000) (as such aggregate maximum amount may be reduced from time to time as provided in Section 3.4, the "REVOLVING COMMITTED AMOUNT"); PROVIDED, FURTHER, (Aii) with regard to each Lender individually, the aggregate principal amount of such Lender's outstanding Revolving Loans ’s Commitment Percentage of the Total Outstandings at any time shall not exceed such Lender's Revolving Commitment Percentage of the Revolving Committed Amount, and (B) the sum of the aggregate outstanding principal amount of Revolving Loans PLUS LOC Obligations PLUS Swingline Loans shall not exceed the ’s Revolving Committed Amount. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Alternate Base Rate Loans or Eurodollar LIBOR Rate Loans, or a combination thereof, as the Borrower may request; PROVIDED, HOWEVER, that no more than 15 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof. Revolving Loans made on the Closing Date or on any of the three (3) Business Days following the Closing Date may only consist of Alternate Base Rate Loans unless the Borrower executes a funding indemnity letter in form and substance satisfactory to the Administrative Agent. LIBOR Rate Loans shall be made by each Lender at its LIBOR Lending Office and Alternate Base Rate Loans at its Domestic Lending Office.

Appears in 1 contract

Samples: Credit Agreement (Dycom Industries Inc)

Revolving Commitment. Subject During the Commitment Period, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Lender severally severally, but not jointly, agrees to make available revolving credit loans in Dollars (“Revolving Loans”) to the Borrower such Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANS") from time to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDED, HOWEVER, that the sum of the in an aggregate outstanding principal amount of Revolving Loans shall not exceed ONE HUNDRED up to TWENTY-FIVE MILLION DOLLARS ($100,000,00025,000,000) (as increased from time to time as provided in Section 2.22 and as such aggregate maximum amount may be reduced from time to time as provided in Section 3.42.6, the "REVOLVING COMMITTED AMOUNT"“Revolving Committed Amount”) for the purposes hereinafter set forth (such facility, the “Revolving Facility”); PROVIDEDprovided, FURTHERhowever, that (i) no Revolving Loans shall be made on the Closing Date, (Aii) with regard to each Lender individually, the sum of such Lender's ’s Revolving Commitment Percentage of the aggregate principal amount of outstanding Revolving Loans plus such Lender’s Revolving Commitment Percentage of outstanding LOC Obligations shall not exceed such Lender's ’s Revolving Commitment Percentage of the Revolving Committed Amount, and (Biii) with regard to the Lenders collectively, the sum of the aggregate outstanding principal amount of outstanding Revolving Loans PLUS plus outstanding LOC Obligations PLUS Swingline Loans shall not exceed the Revolving Committed AmountAmount then in effect. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Alternate Base Rate Loans or Eurodollar LIBOR Rate Loans, or a combination thereof, as the Borrower may request; PROVIDED, HOWEVER, that no more than 15 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof; provided, however, the Revolving Loans made on any of the three (3) Business Days following the Closing Date, may only consist of Alternate Base Rate Loans unless the Borrower delivers a funding indemnity letter, substantially in the form of Exhibit 2.1(a), reasonably acceptable to the Administrative Agent not less than three (3) Business Days prior to the requested borrowing date. LIBOR Rate Loans shall be made by each Lender at its LIBOR Lending Office and Alternate Base Rate Loans at its Domestic Lending Office.

Appears in 1 contract

Samples: Credit Agreement (Carrols Restaurant Group, Inc.)

Revolving Commitment. Subject During the Commitment Period, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Revolving Lender severally severally, but not jointly, agrees to make available to the Borrower such Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANS") to the Borrower from time to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDED, HOWEVER, that the sum of the in an aggregate outstanding principal amount of Revolving Loans shall not exceed ONE HUNDRED up to FORTY MILLION DOLLARS ($100,000,00040,000,000) (as such aggregate maximum amount may be reduced from time to time as provided in Section 3.42.7, the "AGGREGATE REVOLVING COMMITTED AMOUNT")) for the purposes hereinafter set forth; PROVIDED, FURTHERHOWEVER, that (Ai) with regard to each Revolving Lender individually, the sum of such Revolving Lender's Revolving Commitment Percentage of outstanding Revolving Loans PLUS such Revolving Lender's Revolving Commitment Percentage of outstanding Swingline Loans PLUS such Revolving Lender's LOC Commitment Percentage of LOC Obligations shall not exceed such Lender's Revolving Commitment Percentage of Committed Amount and (ii) with regard to the Revolving Committed AmountLenders collectively, and (B) the sum of the aggregate outstanding principal amount of Revolving Loans PLUS outstanding Swingline Loans PLUS LOC Obligations PLUS Swingline Loans shall not exceed the Aggregate Revolving Committed Amount. The initial advance of the No Revolving Loans shall be borrowed on the Closing Date shall consist solely of Base Rate LoansDate. Thereafter, Revolving Loans may consist of Alternate Base Rate Loans or Eurodollar LIBOR Rate Loans, or a combination thereof, as the Borrower may request; PROVIDED, HOWEVER, that no more than 15 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof; PROVIDED, HOWEVER, Revolving Loans made on any of the three Business Days following the Closing Date may only consist of Alternate Base Rate Loans unless the Borrower executes a funding indemnity letter in form and substance satisfactory to the Administrative Agent. LIBOR Rate Loans shall be made by each Revolving Lender at its LIBOR Lending Office and Alternate Base Rate Loans at its Domestic Lending Office.

Appears in 1 contract

Samples: Credit Agreement (Medvest Holdings Corp)

Revolving Commitment. Subject During the Revolving Commitment Period, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Revolving Lender severally agrees to make available revolving credit loans in Dollars ("Revolving Loans") to the Borrower from time to time for the purposes hereinafter set forth; provided, however, that (i) with regard to each Revolving Lender individually, the sum of such Revolving Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars aggregate principal amount of outstanding Revolving Loans plus outstanding Swingline Loans plus outstanding Revolving LOC Obligations shall not exceed such Revolving Lender's Revolving Commitment and ("REVOLVING LOANS"ii) from time with regard to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDEDLenders collectively, HOWEVER, that the sum of the aggregate outstanding principal amount of outstanding Revolving Loans plus outstanding Swingline Loans plus outstanding Revolving LOC Obligations shall not exceed ONE HUNDRED the Revolving Committed Amount then in effect. For purposes hereof, the aggregate principal amount available for Revolving Loan borrowings hereunder shall be EIGHTY MILLION DOLLARS ($100,000,00080,000,000) (as such aggregate maximum amount may be reduced from time to time as provided in Section 3.42.8, the "REVOLVING COMMITTED AMOUNT"); PROVIDED, FURTHER, (A) with regard to each Lender individually, such Lender's outstanding Revolving Loans shall not exceed such Lender's Revolving Commitment Percentage of the Revolving Committed Amount, and (B) the sum of the aggregate outstanding principal amount of Revolving Loans PLUS LOC Obligations PLUS Swingline Loans shall not exceed the Revolving Committed Amount"). The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Alternate Base Rate Loans or Eurodollar LIBOR Rate Loans, or a combination thereof, as the Borrower may request; PROVIDED, HOWEVER, that no more than 15 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof; provided, however, the Revolving Loans made on the Closing Date or on either of the two (2) Business Days immediately following the Closing Date may only consist of Alternate Base Rate Loans. LIBOR Rate Loans shall be made by each Revolving Lender at its LIBOR Lending Office and Alternate Base Rate Loans at its Domestic Lending Office.

Appears in 1 contract

Samples: Credit Agreement (Gencorp Inc)

Revolving Commitment. Subject During the Commitment Period, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Revolving Lender severally agrees to make available revolving credit loans in Dollars (“Revolving Loans”) to the Borrower Borrowers from time to time for the purposes hereinafter set forth; provided, however, that (i) with regard to each Revolving Lender individually, the sum of such Revolving Lender's ’s Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars aggregate principal amount of outstanding Revolving Loans plus such Revolving Lender’s Revolving Commitment Percentage of outstanding Swingline Loans plus such Revolving Lender’s Revolving Commitment Percentage of outstanding LOC Obligations shall not exceed such Revolving Lender’s Revolving Commitment and ("REVOLVING LOANS"ii) from time with regard to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDEDLenders collectively, HOWEVER, that the sum of the aggregate outstanding principal amount of outstanding Revolving Loans plus outstanding Swingline Loans plus outstanding LOC Obligations shall not exceed the Revolving Committed Amount then in effect. For purposes hereof, the aggregate principal amount available hereunder for Revolving Loans shall not exceed ONE HUNDRED be FORTY MILLION DOLLARS ($100,000,00040,000,000) (as such aggregate maximum amount may be reduced from time to time as provided in Section 3.42.7, the "REVOLVING COMMITTED AMOUNT"); PROVIDED, FURTHER, (A) with regard to each Lender individually, such Lender's outstanding Revolving Loans shall not exceed such Lender's Revolving Commitment Percentage of the Revolving Committed Amount, and (B) the sum of the aggregate outstanding principal amount of Revolving Loans PLUS LOC Obligations PLUS Swingline Loans shall not exceed the Revolving Committed Amount”). The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Alternate Base Rate Loans or Eurodollar LIBOR Rate Loans, or a combination thereof, as the Borrower Company may request; PROVIDED, HOWEVER, that no more than 15 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof; provided, however, the Revolving Loans made on the Closing Date and three Business Days following the Closing Date may only consist of Alternate Base Rate Loans unless the Company delivers a funding indemnity letter reasonably acceptable to the Administrative Agent not less than three (3) Business Days prior to the Closing Date. LIBOR Rate Loans shall be made by each Revolving Lender at its LIBOR Lending Office and Alternate Base Rate Loans at its Domestic Lending Office.

Appears in 1 contract

Samples: First Lien Credit Agreement (GateHouse Media, Inc.)

Revolving Commitment. Subject Prior to the Commitment Termination Date, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Lender severally agrees to make available revolving credit loans in Dollars (“Revolving Loans”) to the Borrower such Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANS") from time to time from for the Closing Date until the Maturity Datepurposes hereinafter set forth; provided, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDED, HOWEVERhowever, that (i) with regard to each Lender individually, the sum of the aggregate such Lender’s share of outstanding principal amount Revolving Loans, plus such Lender’s Commitment Percentage of Revolving Loans outstanding Swingline Loans, plus such Lender’s Commitment Percentage of LOC Obligations shall not exceed ONE such Lender’s Commitment Percentage of the aggregate Committed Amount, and (ii) with regard to the Lenders collectively, the Advances Outstanding shall not exceed the aggregate Committed Amount then in effect. For purposes hereof, the aggregate amount available hereunder shall be FIVE HUNDRED FORTY-FIVE MILLION DOLLARS ($100,000,000545,000,000.00) (as such aggregate maximum amount may be (A) increased from time to time as provided in Section 2.2, and (B) reduced from time to time as provided in Section 3.42.6, the "REVOLVING COMMITTED AMOUNT"); PROVIDED, FURTHER, (A) with regard to each Lender individually, such Lender's outstanding Revolving Loans shall not exceed such Lender's Revolving Commitment Percentage of the Revolving Committed Amount, and (B) the sum of the aggregate outstanding principal amount of Revolving Loans PLUS LOC Obligations PLUS Swingline Loans shall not exceed the Revolving Committed Amount”). The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Alternate Base Rate Loans or Eurodollar LIBOR Rate Loans, or a combination thereof, as the Borrower may request; PROVIDED, HOWEVER, that no more than 15 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof; provided, however, the Revolving Loans made on the Closing Date or on either of the two Business Days immediately following the Closing Date may only consist of Alternate Base Rate Loans. LIBOR Rate Loans shall be made by each Lender at its LIBOR Lending Office and Alternate Base Rate Loans at its Domestic Lending Office.

Appears in 1 contract

Samples: Credit Agreement (Capitalsource Inc)

Revolving Commitment. Subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth herein, each Lender severally agrees to make available to the Borrower such Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANS"“Revolving Loans”) up to such Lender’s Revolving Commitment from time to time from the Closing Date until the Maturity Termination Date, or such earlier date as the Revolving Commitments shall have been terminated as provided hereinherein for the purposes hereinafter set forth; PROVIDEDprovided, HOWEVERhowever, that the sum of the aggregate outstanding principal amount of outstanding Revolving Loans shall not exceed ONE SEVEN HUNDRED FIFTY MILLION DOLLARS ($100,000,000750,000,000) (as such aggregate maximum amount may be reduced increased from time to time as provided in Section 3.4, ) (the "REVOLVING COMMITTED AMOUNT"“Revolving Committed Amount”); PROVIDEDprovided, FURTHERfurther, (A) with regard to each Lender individually, amount of such Lender's ’s outstanding Revolving Loans, and pro rata share of Swingline Loans shall not exceed such Lender's ’s Revolving Commitment Percentage of the Revolving Committed AmountCommitment, and (Bii) with regard to the Lenders collectively, the sum of the aggregate outstanding principal amount of outstanding Revolving Loans PLUS LOC Obligations PLUS plus the aggregate principal amount of outstanding Swingline Loans shall not at any time exceed the Revolving Committed Amount. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Base Rate Loans or Eurodollar Loans, or a combination thereof, as the Borrower may request, and may be repaid and reborrowed in accordance with the provisions hereof; PROVIDEDprovided, HOWEVERhowever, that no more than 15 borrowings of five (5) Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for time. For purposes hereof, borrowings of Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new borrowing of Eurodollar Loan Loans with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof. Notwithstanding the foregoing, the Borrower may not request any Loans hereunder while a Change of Control Standstill Period shall be in effect pursuant to Section 3.4(e) hereof.

Appears in 1 contract

Samples: 364 Day Credit Agreement (Autozone Inc)

Revolving Commitment. Subject Prior to the Commitment Termination Date, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Lender severally agrees to make available revolving credit loans in Dollars or in any Alternative Lending Currency ("Revolving Loans") to the Borrower such Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANS") from time to time from for the Closing Date until the Maturity Datepurposes hereinafter set forth; provided that (i) with regard to each Lender individually, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDED, HOWEVER, that the sum of such Lender's share of the aggregate outstanding principal amount Outstanding Amount of Revolving Loans plus such Lender's Commitment Percentage of the Outstanding Amount of Swingline Loans plus such Lender's Commitment Percentage of the Outstanding Amount of LOC Obligations shall not exceed such Lender's Commitment Percentage of the aggregate Committed Amount, and (ii) with regard to the Lenders collectively, the Advances Outstanding shall not exceed the aggregate Committed Amount then in effect. For purposes hereof, the aggregate Dollar Equivalent available hereunder shall be ONE BILLION FIVE HUNDRED MILLION SIXTY-FIVE Million DOLLARS ($100,000,0001,565,000,000) (as such aggregate maximum amount may be (w) increased from time to time as provided in Section 2.2 and (x) reduced from time to time as provided in Section 3.42.6, the "REVOLVING COMMITTED AMOUNTCommitted Amount"); PROVIDED, FURTHER, (A) with regard to each Lender individually, such Lender's outstanding Revolving provided that the Outstanding Amount of Loans and LOC Obligations denominated in Alternative Lending Currencies shall not at any given time exceed such Lender's Revolving Commitment Percentage 25% of the Revolving Committed Amount, and Amount (B) the sum of the aggregate outstanding principal amount of Revolving Loans PLUS LOC Obligations PLUS Swingline Loans shall not exceed the Revolving Committed Amount"Alternative Lending Currency Sub-Limit"). The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Base Rate Loans or Eurodollar Index Rate Loans, or a combination thereof, as the Borrower may request; PROVIDED, HOWEVER, that no more than 15 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof; provided that Revolving Loans denominated in (i) Dollars shall consist of U.S. Base Rate Loans or LIBOR Rate Loans, (ii) Canadian Dollars shall consist of Canadian Base Rate Loans or Canadian BA Rate Loans, (iii) Pounds Sterling shall consist of Sterling Base Rate Loans or LIBOR Rate Loans and (iv) Euro shall consist of Euro Base Rate Loans or EURIBOR Rate Loans. Loans shall be made by each Lender at its Applicable Lending Office.

Appears in 1 contract

Samples: Credit Agreement (American Capital Strategies LTD)

Revolving Commitment. Subject To the extent any Revolving Loans (as defined below) are outstanding under the Original Credit Agreement on the Restatement Effective Date, such Revolving Loans shall be deemed to constitute Revolving Loans outstanding hereunder from and after the Restatement Effective Date. In addition, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth herein, each Revolving Lender severally agrees to make available to the Borrower such Revolving Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANSRevolving Loans") from time to time from the Closing Restatement Effective Date until the Revolving Loan Maturity Date, or such earlier date as on which the Revolving Commitments shall have been terminated as provided herein; PROVIDEDprovided, HOWEVERhowever, that (i) with regard to the sum of Lenders collectively, the aggregate outstanding principal amount of Revolving Loans the Obligations outstanding shall not exceed ONE HUNDRED MILLION DOLLARS ($100,000,000) (as such aggregate maximum amount may be reduced from time to time as provided in Section 3.4, the "REVOLVING COMMITTED AMOUNT"); PROVIDED, FURTHER, lesser of (A) the Aggregate Committed Amount and (B) the Borrowing Base; and (ii) with regard to each Revolving Lender individually, the amount of such Revolving Lender's Revolving Commitment Percentage of the Revolving Obligations outstanding Revolving Loans shall not exceed such Revolving Lender's Revolving Commitment Percentage of the Revolving Committed Amount, and (B) the sum of the aggregate outstanding principal amount of Revolving Loans PLUS LOC Obligations PLUS Swingline Loans shall not exceed the Revolving Committed Amount. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Base Rate Loans or Eurodollar Loans, or a combination thereof, as the Borrower may request; PROVIDEDprovided, HOWEVERhowever, that no more than 15 six Eurodollar Loans shall be outstanding hereunder under this Section 2.1 at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions 43 44 hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof.

Appears in 1 contract

Samples: Credit Agreement (Cca Prison Realty Trust)

Revolving Commitment. Subject During the Commitment Period, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Revolving Lender severally severally, but not jointly, agrees to make available revolving credit loans in Dollars (“Revolving Loans”) to the Borrower such Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANS") from time to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDED, HOWEVER, that the sum of the in an aggregate outstanding principal amount of Revolving Loans shall not exceed ONE up to SIX HUNDRED MILLION DOLLARS ($100,000,000600,000,000) (as increased from time to time as provided in Section 2.1(f) and as such aggregate maximum amount may be reduced from time to time as provided in Section 3.42.6, the "REVOLVING COMMITTED AMOUNT")“Revolving Committed Amount”) for the purposes hereinafter set forth; PROVIDEDprovided, FURTHERhowever, that (Ai) with regard to each Revolving Lender individually, the sum of such Revolving Lender's ’s Commitment Percentage of the aggregate principal amount of outstanding Revolving Loans plus such Revolving Lender’s Commitment Percentage of outstanding Swingline Loans plus such Revolving Lender’s Commitment Percentage of outstanding LOC Obligations shall not exceed such Revolving Lender's ’s Revolving Commitment Percentage of and (ii) with regard to the Revolving Committed AmountLenders collectively, and (B) the sum of the aggregate outstanding principal amount of outstanding Revolving Loans PLUS plus outstanding Swingline Loans plus outstanding LOC Obligations PLUS Swingline Loans shall not exceed the Revolving Committed AmountAmount then in effect. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Alternate Base Rate Loans or Eurodollar SOFR Loans, or a combination thereof, as the Borrower may request; PROVIDED, HOWEVER, that no more than 15 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof; provided, however, the Revolving Loans made on the Closing Date or any of the three (3) Business Days following the Closing Date, may only consist of Alternate Base Rate Loans unless the Borrower delivers a funding indemnity letter, substantially in the form of Exhibit 2.1(a), reasonably acceptable to the Administrative Agent not less than three (3) Business Days prior to the Closing Date. SOFR Loans and Alternate Base Rate Loans shall be made by each Revolving Lender at its Domestic Lending Office.

Appears in 1 contract

Samples: Credit Agreement (Osi Systems Inc)

Revolving Commitment. Subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth herein, each Lender severally agrees to make available to the Borrower such Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANSRevolving Loans") from time to time from the Closing Effective Date until the Maturity Termination Date, or such earlier date as the Revolving Commitments shall have been terminated as provided hereinherein for the purposes hereinafter set forth; PROVIDEDprovided, HOWEVERhowever, that the sum of the aggregate outstanding principal amount of outstanding Revolving Loans shall not exceed ONE HUNDRED the lesser of (a) THIRTY FIVE MILLION DOLLARS ($100,000,00035,000,000.00) (as such aggregate maximum amount may be reduced from time to time as provided in Section 3.43.4(a), the "REVOLVING COMMITTED AMOUNTRevolving Committed Amount")) and (b) the Borrowing Base; PROVIDEDprovided, FURTHERfurther, (Ai) with regard to each Lender individually, such Lender's outstanding Revolving Loans shall not exceed such Lender's Revolving Commitment Percentage of the Revolving Committed Amount, and (Bii) with regard to the sum Lenders collectively, the aggregate principal amount of outstanding Revolving Loans plus the Dollar Amount (as determined as of the most recent Determination Date) of the aggregate outstanding principal amount of Revolving outstanding Foreign Currency Loans PLUS plus the aggregate principal amount of outstanding Swingline Loans plus LOC Obligations PLUS Swingline Loans outstanding shall not exceed the lesser of (A) the Revolving Committed AmountAmount and (B) the Borrowing Base. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Base Rate Loans or Eurodollar Loans, or a combination thereof, as the Borrower may request, and may be repaid and reborrowed in accordance with the provisions hereof; PROVIDEDprovided, HOWEVERhowever, that (x) during the Initial Interest Rate Period, all Eurodollar Loans shall have an Interest Period of one (1) month and (y) no more than 15 10 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for time. For purposes hereof, Eurodollar Loans with different Interest Periods and/or in different currencies shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period)Period and in the same currency. Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof.

Appears in 1 contract

Samples: Credit Agreement (Genicom Corp)

Revolving Commitment. Subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth herein, each Lender with a Revolving Commitment severally agrees to make available to the Borrower such Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANSRevolving Loans") from time to time from the Closing Date until the Maturity Revolving Loan Termination Date, or such earlier date as the Revolving Commitments shall have been terminated as provided hereinherein for the purposes hereinafter set forth; PROVIDEDprovided, HOWEVERhowever, that the sum of the aggregate outstanding principal amount of Revolving Loans Credit Facility Obligations shall not at any time exceed ONE HUNDRED FIFTEEN MILLION DOLLARS ($100,000,00015,000,000) (as such aggregate maximum amount may be reduced from time to time as provided in Section 3.43.04, the "REVOLVING COMMITTED AMOUNTRevolving Committed Amount"); PROVIDEDprovided, FURTHERfurther, (A) with regard to each Lender with a Revolving Commitment individually, that such Lender's outstanding Revolving Loans plus Participation Interests in outstanding LOC Obligations plus Participation Interests in outstanding Swingline Loans shall not at any time exceed such Lender's Revolving Commitment Percentage of the Revolving Committed Amount, and (B) the sum of the aggregate outstanding principal amount of Revolving Loans PLUS LOC Obligations PLUS Swingline Loans shall not exceed the Revolving Committed Amount. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Base Rate Loans or Eurodollar Rate Loans, or a combination thereof, as the Borrower may request, and may be repaid and reborrowed in accordance with the provisions hereof; PROVIDEDprovided, HOWEVERhowever, that the Revolving Loans outstanding at any time shall consist of no more than 15 six (6) separate Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for Rate Loans. For purposes hereof, Eurodollar Rate Loans with different Interest Periods shall be considered as separate Eurodollar Rate Loans, even if they begin on the same date, although borrowings, extensions and conversions borrowings of Eurodollar Rate Loans of any Class may, in accordance with the provisions hereof, be combined through Extensions or Conversions at the end of existing Interest Periods to constitute a single new Eurodollar Rate Loan of such Class with a single the same Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof.

Appears in 1 contract

Samples: Credit Agreement (Compbenefits Corp)

Revolving Commitment. Subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth herein, each Revolving Lender severally agrees to make available to the Borrower such Lender's Revolving Commitment Percentage of revolving credit loans requested by (“Revolving Loans”) to the Borrower in Dollars ("REVOLVING LOANS") Borrowers from time to time from the Closing Effective Date until the Maturity Termination Date, or such earlier date as the Revolving Commitments shall have been terminated as provided hereinherein for the purposes hereinafter set forth; PROVIDEDprovided, HOWEVERhowever, that the sum of the aggregate outstanding principal amount of outstanding Revolving Loans shall not exceed the Revolving Committed Amount and; provided, further, (i) with regard to each Revolving Lender individually, such Lender’s share of outstanding Revolving Obligations shall not exceed such Lender’s Revolving Commitment Percentage of the Revolving Committed Amount, (ii) with regard to the Revolving Lenders collectively, the aggregate principal amount of outstanding Revolving Obligations shall not exceed ONE HUNDRED MILLION DOLLARS ($100,000,000) (as such aggregate maximum amount may be reduced from time to time be increased pursuant to Section 2.6 or reduced as provided in Section 3.4, the "REVOLVING COMMITTED AMOUNT"); PROVIDED, FURTHER, “Revolving Committed Amount”) and (Aiii) with regard to each Lender individuallythe Revolving Lenders collectively, such Lender's outstanding Revolving Loans shall not exceed such Lender's Revolving Commitment Percentage the aggregate principal amount of the Revolving Committed Amount, and (B) the sum of the aggregate outstanding principal amount of Revolving Loans PLUS LOC Obligations PLUS Swingline Loans shall not exceed the Revolving Committed Amount. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Base Rate Loans or Eurodollar Loans, or a combination thereof, as the Borrower Borrowers may requestrequest and may be repaid and reborrowed in accordance with the provisions hereof; PROVIDEDprovided, HOWEVERhowever, that no more than 15 six Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for with respect to Revolving Loans. For purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same datedate and have the same duration, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof.

Appears in 1 contract

Samples: Credit Agreement (Speedway Motorsports Inc)

Revolving Commitment. Subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth herein, each Lender severally agrees to make available to the Borrower such Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANSRevolving Loans") from time to time from the Closing Effective Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDEDprovided, HOWEVERthat, that the sum of the aggregate outstanding principal amount of outstanding Revolving Loans shall not at any time exceed ONE HUNDRED TWENTY MILLION AND NO/100 DOLLARS ($100,000,00020,000,000.00) (as such aggregate maximum amount may be reduced from time to time as provided in Section 2.3 and Section 3.4, the "REVOLVING COMMITTED AMOUNTRevolving Committed Amount"); PROVIDEDprovided, FURTHERfurther, (A) with regard to each Lender individually, that such Lender's outstanding Revolving Loans shall not at any time exceed such Lender's Revolving Commitment Percentage of the Revolving Committed Amount, and (B) the sum of the aggregate outstanding principal amount of Revolving Loans PLUS LOC Obligations PLUS Swingline Loans shall not exceed the Revolving Committed Amount. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Base Rate Loans or Eurodollar Loans, or a combination thereof, as the Borrower may request, and may be repaid and reborrowed in accordance with the provisions hereof; PROVIDEDprovided, HOWEVERthat, that no more than 15 six (6) Eurodollar Loans shall be outstanding hereunder under this Agreement at any time (it being understood that, for time. For purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions borrowings of Eurodollar Loans may, in accordance with the provisions hereof, be combined through extensions or conversions at the end of existing Interest Periods to constitute a single new Eurodollar Loan with a single the same Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereofof this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Kendle International Inc)

Revolving Commitment. Subject During the Commitment Period, subject to -------------------- the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Lender severally agrees to make available revolving credit loans ("Revolving Loans") to the Borrower from time to --------------- time for the purposes hereinafter set forth; provided, however, that (i) -------- ------- with regard to each Lender individually, the sum of such Lender's share of outstanding Revolving Loans plus such Lender's Revolving Commitment Percentage of revolving credit loans requested by Swingline Loans plus such Lender's LOC Commitment Percentage of LOC Obligations shall not exceed such Lender's Revolving Commitment Percentage of the Borrower in Dollars aggregate Revolving Committed Amount, and ("REVOLVING LOANS"ii) from time with regard to time from the Closing Date until the Maturity DateLenders collectively, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDED, HOWEVER, that the sum of the aggregate outstanding principal amount of outstanding Revolving Loans plus Swingline Loans plus LOC Obligations shall not exceed ONE HUNDRED the aggregate Revolving Committed Amount then in effect. For purposes hereof, the aggregate amount available hereunder shall be SEVENTY- FIVE MILLION DOLLARS ($100,000,00075,000,000) (as such aggregate maximum amount may be reduced from time to time as provided in Section 3.42.6, the "REVOLVING COMMITTED AMOUNTRevolving --------- Committed Amount"); PROVIDED, FURTHER, (A) with regard to each Lender individually, such Lender's outstanding Revolving Loans shall not exceed such Lender's Revolving Commitment Percentage of the Revolving Committed Amount, and (B) the sum of the aggregate outstanding principal amount of Revolving Loans PLUS LOC Obligations PLUS Swingline Loans shall not exceed the Revolving Committed Amount. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Alternate Base Rate ---------------- Loans or Eurodollar LIBOR Rate Loans, or a combination thereof, as the Borrower may request; PROVIDED, HOWEVER, that no more than 15 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof. LIBOR Rate Loans shall be made by each Lender at its LIBOR Lending Office and Alternate Base Rate Loans at its Domestic Lending Office. Notwithstanding any provision herein to the contrary, (x) the initial LIBOR borrowing under Section 2.1 shall be made as a LIBOR Rate Loan having an Interest Period of fourteen (14) days and (y) subsequent to such initial LIBOR borrowing but prior to the closing of the initial syndication of the Commitment and the Loans to the Lenders, all LIBOR Rate Loans under Section 2.1 shall be made or continued as LIBOR Rate Loans having an Interest Period of fourteen (14) days. All LIBOR Rate Loans having an Interest Period of fourteen (14) days shall bear interest at the same rate as LIBOR Rate Loans having an Interest Period of one month.

Appears in 1 contract

Samples: Credit Agreement (BGF Industries Inc)

Revolving Commitment. Subject During the Commitment Period, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Lender severally agrees to make available revolving credit loans (“Revolving Loans”) to the Borrower from time to time for the purposes hereinafter set forth; provided, however, that (i) with regard to each Lender individually, the sum of such Lender's ’s share of outstanding Revolving Loans plus such Lender’s Revolving Commitment Percentage of revolving credit loans requested by Swingline Loans plus such Lender’s LOC Commitment Percentage of LOC Obligations shall not exceed such Lender’s Revolving Commitment Percentage of the Borrower in Dollars aggregate Revolving Committed Amount, and ("REVOLVING LOANS"ii) from time with regard to time from the Closing Date until the Maturity DateLenders collectively, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDED, HOWEVER, that the sum of the aggregate outstanding principal amount of outstanding Revolving Loans plus Swingline Loans plus LOC Obligations shall not exceed ONE the aggregate Revolving Committed Amount. For purposes hereof, the aggregate amount available hereunder shall be TWO HUNDRED EIGHTY-FIVE MILLION DOLLARS ($100,000,000285,000,000) (as such aggregate maximum amount may be reduced from time to time as provided in Section 3.42.5, the "REVOLVING COMMITTED AMOUNT"); PROVIDED, FURTHER, (A) with regard to each Lender individually, such Lender's outstanding Revolving Loans shall not exceed such Lender's Revolving Commitment Percentage of the Revolving Committed Amount, and (B) the sum of the aggregate outstanding principal amount of Revolving Loans PLUS LOC Obligations PLUS Swingline Loans shall not exceed the Revolving Committed Amount”). The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Alternate Base Rate Loans or Eurodollar LIBOR Rate Loans, or a combination thereof, as the Borrower may request; PROVIDED, HOWEVER, that no more than 15 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof. LIBOR Rate Loans shall be made by each Lender at its LIBOR Lending Office and Alternate Base Rate Loans at its Domestic Lending Office.

Appears in 1 contract

Samples: Credit Agreement (Consolidated Graphics Inc /Tx/)

Revolving Commitment. Subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth herein, each U.S. Revolving Lender severally agrees to make available to the Borrower Airgas such U.S. Revolving Lender's U.S. Revolving Commitment Percentage of revolving credit loans requested by the Borrower Airgas in U.S. Dollars ("REVOLVING LOANSU.S. Revolving Loans") from time to time from the Closing Date until the Maturity Termination Date, or such earlier date as the U.S. Revolving Commitments shall have been terminated as provided hereinherein for the purposes hereinafter set forth; PROVIDEDprovided, HOWEVERhowever, that the sum of the aggregate outstanding principal amount of outstanding U.S. Revolving Loans shall not exceed ONE THREE HUNDRED EIGHT MILLION U.S. DOLLARS ($100,000,000308,000,000) (as such aggregate maximum amount may be increased or reduced from time to time as provided in Section 3.44.4, the "REVOLVING COMMITTED AMOUNTU.S. Revolving Committed Amount"); PROVIDEDprovided, FURTHERfurther, (Ai) with regard to each U.S. Revolving Lender individually, such U.S. Revolving Lender's outstanding U.S. Revolving Loans shall not exceed such U.S. Revolving Lender's U.S. Revolving Commitment Percentage of the U.S. Revolving Committed Amount, Amount and (Bii) with regard to the sum of U.S. Revolving Lenders collectively, the aggregate outstanding principal amount of outstanding U.S. Revolving Loans PLUS plus the aggregate principal amount of outstanding Competitive U.S. Loans plus the aggregate principal amount of outstanding U.S. Swingline Loans plus U.S. LOC Obligations PLUS Swingline Loans outstanding shall not exceed the U.S. Revolving Committed Amount. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, U.S. Revolving Loans may consist of U.S. Base Rate Loans or Eurodollar Loans, or a combination thereof, as the Borrower Airgas may request, and may be repaid and reborrowed in accordance with the provisions hereof; PROVIDEDprovided, HOWEVERhowever, that no more than 15 11 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for time. For purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). U.S. Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof.

Appears in 1 contract

Samples: Credit Agreement (Airgas Carbonic Inc)

Revolving Commitment. Subject During the Commitment Period, subject to the terms and conditions hereof and in reliance upon hereof, the representations and warranties set forth hereinRevolving Lenders severally, each Lender severally agrees but not jointly, agree to make available revolving credit loans in Dollars (“Revolving Loans”) to the Borrower such Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANS") from time to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDED, HOWEVER, that the sum of the in an aggregate outstanding principal amount of Revolving Loans shall not exceed ONE HUNDRED MILLION DOLLARS up to $800,000,000 ($100,000,000as increased from time to time as provided in Section 2.20(a) (and as such aggregate maximum amount may be reduced from time to time as provided in Section 3.42.5, the "REVOLVING COMMITTED AMOUNT"“Revolving Committed Amount”) for the purposes hereinafter set forth (such facility, the “Revolving Facility”); PROVIDEDprovided, FURTHERhowever, that (Ai) with regard to each Revolving Lender individually, the sum of such Revolving Lender's outstanding Revolving Loans shall not exceed such Lender's ’s Revolving Commitment Percentage of the aggregate principal amount of outstanding Revolving Committed Amount, Loans plus such Revolving Lender’s Revolving Commitment Percentage of outstanding Swingline Loans plus such Revolving Lender’s Revolving Commitment Percentage of outstanding LOC Obligations shall not exceed such Revolving Lender’s Revolving Commitment and (Bii) with regard to the Revolving Lenders collectively, the sum of the aggregate outstanding principal amount of outstanding Revolving Loans PLUS plus outstanding Swingline Loans plus outstanding LOC Obligations PLUS Swingline Loans shall not exceed the Revolving Committed AmountAmount then in effect. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Alternate Base Rate Loans or Eurodollar SOFR Loans, or a combination thereof, as the Borrower may request; PROVIDED, HOWEVER, that no more than 15 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof. SOFR Loans and Alternate Base Rate Loans shall be made by each Revolving Lender at its Domestic Lending Office.

Appears in 1 contract

Samples: Credit Agreement (ARKO Corp.)

Revolving Commitment. Subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth herein, each Lender severally agrees to make available to the Borrower such Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANSRevolving Loans") from time to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDEDprovided, HOWEVERhowever, that the sum of the aggregate outstanding principal amount of Revolving Loans plus the aggregate amount of Swing Line Loans outstanding plus the outstanding LOC Obligations shall not exceed ONE HUNDRED SEVENTY FIVE MILLION DOLLARS ($100,000,00075,000,000.00) (as such aggregate maximum amount may be reduced from time to time as provided in Section 3.4, the "REVOLVING COMMITTED AMOUNTRevolving Committed Amount"); PROVIDEDprovided, FURTHERfurther, (A) with regard to each Lender individually, such Lender's outstanding Revolving Loans plus its Participation Interests in Letters of Credit or LOC Obligations plus its Participation Interests in Swing Line Loans shall not exceed such Lender's Revolving Commitment Percentage of the Revolving Committed Amount, and (B) the sum of the aggregate outstanding principal amount of Revolving Loans PLUS LOC Obligations PLUS Swingline Loans shall not exceed the Revolving Committed Amount. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Base Rate Loans or Eurodollar Loans, or a combination thereof, as the Borrower may request; PROVIDEDprovided, HOWEVERhowever, that no more than 15 10 Eurodollar Loans which are Revolving Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof.

Appears in 1 contract

Samples: Credit Agreement (Aaipharma Inc)

Revolving Commitment. Subject During the Commitment Period, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Revolving Lender severally severally, but not jointly, agrees to make available to the Borrower such Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANS"“Revolving Loans”) to the Borrowers from time to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDED, HOWEVER, that the sum of the in an aggregate outstanding principal amount of Revolving Loans shall not exceed up to ONE HUNDRED FORTY MILLION DOLLARS ($100,000,000140,000,000) (as such aggregate maximum amount may be reduced from time to time as provided in Section 3.42.4, the "REVOLVING COMMITTED AMOUNT")“Revolving Committed Amount”) for the purposes hereinafter set forth; PROVIDEDprovided, FURTHERhowever, that (Ai) with regard to each Revolving Lender individually, the sum of such Revolving Lender's ’s Revolving Commitment Percentage of the aggregate principal amount of outstanding Revolving Loans shall not exceed such Revolving Lender's ’s Revolving Commitment Percentage of and (ii) with regard to the Revolving Committed AmountLenders collectively, and (B) the sum of the aggregate outstanding principal amount of outstanding Revolving Loans PLUS LOC Obligations PLUS Swingline Loans shall not exceed the Revolving Committed AmountAmount then in effect. The initial advance of No Revolving Loan shall be made by any Revolving Lender if (i) such Revolving Loan and the Revolving Loans on Loan Collateral therefor are not approved by the Closing Date shall consist solely Administrative Agent in its discretion, (ii) before or after giving effect to such Revolving Loan, the Availability is or would be negative or (iii) the conditions to Extensions of Base Rate LoansCredit in Section 4.2 are not satisfied. Thereafter, Revolving Loans may consist of Alternate Base Rate Loans or Eurodollar LIBOR Rate Loans, or a combination thereof, as the Borrower Borrowers may request; PROVIDED, HOWEVER, that no more than 15 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof; provided, however, the Revolving Loans made on the Restatement Date or any of the three (3) Business Days following the Restatement Date may only consist of Alternate Base Rate Loans unless the Borrowers deliver a funding indemnity letter, substantially in the form of Exhibit 2.1(a), reasonably acceptable to the Administrative Agent not less than three (3) Business Days prior to the Restatement Date. LIBOR Rate Loans shall be made by each Revolving Lender at its LIBOR Lending Office and Alternate Base Rate Loans at its Domestic Lending Office.

Appears in 1 contract

Samples: Credit Agreement (CapLease, Inc.)

Revolving Commitment. Subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth herein, each Lender severally agrees to make available to the Borrower such Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANSRevolving Loans") from time to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDEDprovided, HOWEVERhowever, that (i) with regard to the sum of Lenders collectively, the aggregate outstanding principal amount of Revolving Loans Obligations outstanding shall not exceed ONE the lesser of (A) TWO HUNDRED TWENTY-FIVE MILLION DOLLARS ($100,000,000225,000,000) (as such aggregate maximum amount may be reduced from time to time as provided in Section 3.4, the "REVOLVING COMMITTED AMOUNTRevolving Committed Amount")) and (B) the Borrowing Base less the outstanding Term Loan less LOC Obligations outstanding; PROVIDEDprovided, FURTHERfurther, (Aii) with regard to each Lender individually, such Lender's outstanding Revolving Loans shall not exceed the amount of such Lender's Revolving Commitment Percentage of the Revolving Committed Amount, and (B) the sum of the aggregate outstanding principal amount of Revolving Loans PLUS plus LOC Obligations PLUS Swingline Loans outstanding shall not exceed the such Lender's Revolving Committed Amount. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Base Rate Loans or Eurodollar Loans, or a combination thereof, as the Borrower may request; PROVIDEDprovided, HOWEVERhowever, that no more than 15 ten (10) Eurodollar Loans shall be outstanding hereunder at any time time, of which no more than seven (7) of such Eurodollar Loans shall be Revolving Loans (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof.

Appears in 1 contract

Samples: Credit Agreement (M & M Properties Inc)

Revolving Commitment. Subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth herein, each Lender Bank severally agrees to make available to the Borrower such LenderBank's Revolving Commitment Percentage (as set forth on Schedule 2.1(a)) of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANSRevolving Loans") from time to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDEDprovided, HOWEVERhowever, that the sum of the aggregate outstanding principal amount of outstanding Revolving Loans shall not exceed ONE EIGHT HUNDRED MILLION DOLLARS ($100,000,000800,000,000) (as such aggregate maximum amount may be reduced from form time to time as provided in Section 3.4, the "REVOLVING COMMITTED AMOUNTRevolving Committed Amount"); PROVIDEDprovided, FURTHERfurther, (Ai) with regard to each Lender Bank individually, such LenderBank's outstanding Revolving Loans shall not exceed such LenderBank's Revolving Commitment Percentage Commitment, (ii) with regard to the Banks collectively, the aggregate principal amount of outstanding Revolving Loans plus the Revolving Committed Amount, and (B) aggregate principal amount of Competitive Loans plus the sum Dollar Amount of the aggregate outstanding principal amount of Revolving Foreign Currency Loans, plus the aggregate principal amount of outstanding Swingline Loans PLUS plus the Dollar Amount of LOC Obligations PLUS Swingline Loans outstanding shall not exceed the Revolving Committed Amount. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Base Rate Loans or Eurodollar Eurocurrency Loans, or a combination thereof, as the Borrower may request; PROVIDEDprovided, HOWEVERhowever, that no more than 15 Eurodollar eight (8) Eurocurrency Loans shall be outstanding hereunder under this Section 2.1 at any time (it being understood that, for purposes hereof, Eurodollar Eurocurrency Loans with different Interest Periods shall be considered as separate Eurodollar Eurocurrency Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof.,

Appears in 1 contract

Samples: Second Amendment Agreement (Westpoint Stevens Inc)

Revolving Commitment. Subject During the Commitment Period, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Revolving Lender severally severally, but not jointly, agrees to make available revolving credit loans in Dollars (“Revolving Loans”) to the Borrower such Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANS") from time to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDED, HOWEVER, that the sum of the in an aggregate outstanding principal amount of Revolving Loans shall not exceed ONE up to FIVE HUNDRED TWENTY-FIVE MILLION DOLLARS ($100,000,000525,000,000) (as increased from time to time as provided in Section 2.1(f) and as such aggregate maximum amount may be reduced from time to time as provided in Section 3.42.6, the "REVOLVING COMMITTED AMOUNT")“Revolving Committed Amount”) for the purposes hereinafter set forth; PROVIDEDprovided, FURTHERhowever, that (Ai) with regard to each Revolving Lender individually, the sum of such Revolving Lender's ’s Commitment Percentage of the aggregate principal amount of outstanding Revolving Loans plus such Revolving Lender’s Commitment Percentage of outstanding Swingline Loans plus such Revolving Lender’s Commitment Percentage of outstanding LOC Obligations shall not exceed such Revolving Lender's ’s Revolving Commitment Percentage of and (ii) with regard to the Revolving Committed AmountLenders collectively, and (B) the sum of the aggregate outstanding principal amount of outstanding Revolving Loans PLUS plus outstanding Swingline Loans plus outstanding LOC Obligations PLUS Swingline Loans shall not exceed the Revolving Committed AmountAmount then in effect. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Alternate Base Rate Loans or Eurodollar LIBOR Rate Loans, or a combination thereof, as the Borrower may request; PROVIDED, HOWEVER, that no more than 15 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof; provided, however, the Revolving Loans made on the Closing Date or any of the three (3) Business Days following the Closing Date, may only consist of Alternate Base Rate Loans unless the Borrower delivers a funding indemnity letter, substantially in the form of Exhibit 2.1(a), reasonably acceptable to the Administrative Agent not less than three (3) Business Days prior to the Closing Date. LIBOR Rate Loans shall be made by each Revolving Lender at its LIBOR Lending Office and Alternate Base Rate Loans at its Domestic Lending Office.

Appears in 1 contract

Samples: Credit Agreement (Osi Systems Inc)

Revolving Commitment. Subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth herein, each Lender severally agrees to make available to the Borrower such Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANS"“Revolving Loans”) up to such Xxxxxx’s Revolving Commitment from time to time from the Closing Date until the Maturity Termination Date, or such earlier date as the Revolving Commitments shall have been terminated as provided hereinherein for the purposes hereinafter set forth; PROVIDEDprovided, HOWEVERhowever, that the sum of the aggregate outstanding principal amount of outstanding Revolving Loans shall not exceed ONE TWO BILLION TWO HUNDRED FIFTY MILLION DOLLARS ($100,000,0002,250,000,000.00) (as such aggregate maximum amount may be reduced or increased from time to time as provided in Section 3.4, the "REVOLVING COMMITTED AMOUNT"“Revolving Committed Amount”); PROVIDEDprovided, FURTHERfurther, (Ai) with regard to each Lender individually, the aggregate amount of such Lender's ’s outstanding Revolving Loans, pro rata share of Swingline Loans and pro rata share of L/C Obligations shall not exceed such Lender's ’s Revolving Commitment Percentage of the Revolving Committed AmountCommitment, and (Bii) with regard to the Lenders collectively, the sum of the aggregate outstanding principal amount of outstanding Revolving Loans PLUS LOC Obligations PLUS plus the aggregate principal amount of outstanding Swingline Loans plus the L/C Obligations outstanding shall not at any time exceed the Revolving Committed Amount. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Base Rate Loans or Eurodollar Term SOFR Loans, or a combination thereof, as the Borrower may request, and may be repaid and reborrowed in accordance with the provisions hereof; PROVIDEDprovided, HOWEVERhowever, that no more than 15 Eurodollar borrowings of fifteen (15) Term SOFR Loans shall be outstanding hereunder at any time (it being understood that, for time. For purposes hereof, Eurodollar borrowings of Term SOFR Loans with different Interest Periods shall be considered as separate Eurodollar Term SOFR Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan borrowing of Term SOFR Loans with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof. Notwithstanding the foregoing, the Borrower may not request any Loans hereunder while a Change of Control Standstill Period shall be in effect pursuant to Section 3.4(e) hereof.

Appears in 1 contract

Samples: Credit Agreement (Autozone Inc)

Revolving Commitment. Subject During the Commitment Period, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Lender severally agrees to make available revolving credit loans ("Revolving Loans") to the Borrower from time to time for the purposes hereinafter set forth; provided, however, that (i) with regard to each Lender individually, the sum of such Lender's share of outstanding Revolving Loans plus such Lender's Revolving Commitment Percentage of revolving credit loans requested by Swingline Loans plus such Lender's LOC Commitment Percentage of LOC Obligations shall not exceed such Lender's Revolving Commitment Percentage of the Borrower in Dollars lesser of ("REVOLVING LOANS"A) from time to time from the Closing Date until the Maturity Date, or such earlier date as aggregate Revolving Committed Amount and (B) the Revolving Commitments shall have been terminated as provided herein; PROVIDEDBorrowing Base, HOWEVERand (ii) with regard to the Lenders collectively, that the sum of the aggregate outstanding principal amount of outstanding Revolving Loans plus Swingline Loans plus LOC Obligations shall not exceed the lesser of (A) the Revolving Committed Amount then in effect, (B) the Revolving Borrowing Base, (C) the Revolving Cap, and (D) the Aggregate Committed Amount. For purposes hereof, the aggregate amount available hereunder shall be TWENTY-ONE HUNDRED MILLION Million DOLLARS ($100,000,00021,000,000) (as such aggregate maximum amount may be reduced from time to time as provided in Section 3.42.6, the "REVOLVING COMMITTED AMOUNT"); PROVIDED, FURTHER, (A) with regard to each Lender individually, such Lender's outstanding Revolving Loans shall not exceed such Lender's Revolving Commitment Percentage of the Revolving Committed Amount, and (B) the sum of the aggregate outstanding principal amount of Revolving Loans PLUS LOC Obligations PLUS Swingline Loans shall not exceed the Revolving Committed Amount"). The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Alternate Base Rate Loans or Eurodollar LIBOR Rate Loans, or a combination thereof, as the Borrower may request; PROVIDED, HOWEVER, that no more than 15 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof.. LIBOR Rate Loans shall be made by each Lender at its LIBOR Lending Office and Alternate Base Rate Loans at its Domestic Lending Office. Subpart 3.5 Amendment to Section 2.2 Section 2.2 of the Existing Credit Agreement is amended and restated in its entirety to read as follows:

Appears in 1 contract

Samples: Fourth Amendment and Forbearance Agreement (BGF Industries Inc)

Revolving Commitment. Subject During the Commitment Period, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Revolving Lender severally severally, but not jointly, agrees to make available revolving credit loans (“Revolving Loans”) to the Borrower such Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANS") from time to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDED, HOWEVER, that the sum of the in an aggregate outstanding principal amount of Revolving Loans shall not exceed ONE up to TWO HUNDRED MILLION DOLLARS ($100,000,000200,000,000) (as such aggregate maximum amount may be reduced from time to time as provided in Section 3.42.6, the "REVOLVING COMMITTED AMOUNT")“Revolving Committed Amount”) for the purposes hereinafter set forth; PROVIDEDprovided, FURTHERhowever, that (Ai) with regard to each Revolving Lender individually, the sum of such Revolving Lender's ’s Revolving Commitment Percentage of outstanding Revolving Loans plus such Revolving Lender’s Revolving Commitment Percentage of outstanding Swingline Loans plus such Revolving Lender’s Revolving Commitment Percentage of outstanding LOC Obligations shall not exceed such Revolving Lender's ’s Revolving Commitment Percentage of and (ii) with regard to the Revolving Committed AmountLenders collectively, and (B) the sum of the aggregate outstanding principal amount of Revolving Loans PLUS plus outstanding Swingline Loans plus outstanding LOC Obligations PLUS Swingline Loans shall not exceed the Revolving Committed Amount. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Alternate Base Rate Loans or Eurodollar LIBOR Rate Loans, or a combination thereof, as the Borrower may request; PROVIDED, HOWEVER, that no more than 15 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid or prepaid and reborrowed in accordance with the provisions hereof; provided, however, Revolving Loans made on the Closing Date or on any of the three (3) Business Days following the Closing Date may only consist of Alternate Base Rate Loans. LIBOR Rate Loans shall be made by each Revolving Lender at its LIBOR Lending Office and Alternate Base Rate Loans at its Domestic Lending Office.

Appears in 1 contract

Samples: Credit Agreement (Orthofix International N V)

Revolving Commitment. Subject During the Commitment Period, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Lender severally severally, but not jointly, agrees to make available revolving credit loans ("Revolving Loans") to the Borrower such Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANS") from time to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDED, HOWEVER, that the sum of the in an aggregate outstanding principal amount of Revolving Loans shall not exceed up to ONE HUNDRED MILLION Million DOLLARS ($100,000,000) (as such aggregate maximum amount may be reduced from time to time as provided in Section 3.42.5, the "REVOLVING COMMITTED AMOUNTAggregate Revolving Committed Amount")) for the purposes hereinafter set forth; PROVIDEDprovided, FURTHERhowever, that (Ai) with regard to each Lender individually, the sum of such Lender's Revolving Commitment Percentage of outstanding Revolving Loans plus such Lender's Revolving Commitment Percentage of outstanding Swingline Loans plus such Lender's LOC Commitment Percentage of LOC Obligations shall not exceed such Lender's Revolving Commitment Percentage of the Revolving Committed Amount, Amount and (Bii) with regard to the Lenders collectively, the sum of the aggregate outstanding principal amount of Revolving Loans PLUS plus outstanding Swingline Loans plus LOC Obligations PLUS Swingline Loans shall not exceed the Aggregate Revolving Committed Amount. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Alternate Base Rate Loans or Eurodollar LIBOR Rate Loans, or a combination thereof, as the Borrower may request; PROVIDED, HOWEVER, that no more than 15 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof; provided, however, Revolving Loans made on any of three Business Days following the Closing Date may only consist of Alternate Base Rate Loans. LIBOR Rate Loans shall be made by each Lender at its LIBOR Lending Office and Alternate Base Rate Loans at its Domestic Lending Office.

Appears in 1 contract

Samples: Credit Agreement (Neighborcare Inc)

Revolving Commitment. Subject During the Commitment Period, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Revolving Lender severally agrees to severally, but not jointly, shall make available revolving credit loans in Dollars (“Revolving Loans”) to the Borrower such Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANS") from time to time from in an aggregate principal amount not at any time exceeding the total of Revolving Commitments of all the Lenders, which amount on the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDED, HOWEVER, that the sum of the aggregate outstanding principal amount of Revolving Loans shall not exceed ONE equal THREE HUNDRED FIFTY MILLION DOLLARS ($100,000,000350,000,000) (as increased from time to time as provided in Section 2.2 and as such aggregate maximum amount may be reduced from time to time as provided in Section 3.42.6, the "REVOLVING COMMITTED AMOUNT")“Revolving Committed Amount”) for the purposes hereinafter set forth; PROVIDEDprovided, FURTHERhowever, that (Ai) with regard to each Revolving Lender individually, the sum of such Revolving Lender's ’s Commitment Percentage of the aggregate principal amount of outstanding Revolving Loans plus such Revolving Lender’s Commitment Percentage of outstanding Swingline Loans plus such Revolving Lender’s Commitment Percentage of outstanding LOC Obligations shall not exceed such Revolving Lender's ’s Revolving Commitment Percentage of and (ii) with regard to the Revolving Committed AmountLenders collectively, and (B) the sum of the aggregate outstanding principal amount of outstanding Revolving Loans PLUS plus the aggregate principal amount of outstanding Swingline Loans plus the aggregate principal amount of outstanding LOC Obligations PLUS Swingline Loans shall not exceed the Revolving Committed AmountAmount then in effect. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Alternate Base Rate Loans or Eurodollar LIBOR Rate Loans, or a combination thereof, as the Borrower may request; PROVIDED, HOWEVER, that no more than 15 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof; provided, however, the Revolving Loans made on the Closing Date or any of the three (3) Business Days following the Closing Date, may only consist of Alternate Base Rate Loans unless the Borrower delivers a funding indemnity letter, substantially in the form of Exhibit 2.1(a), reasonably acceptable to the Administrative Agent on or before the Closing Date, in which case LIBOR Rate Loans are available to the Borrower. LIBOR Rate Loans shall be made by each Revolving Lender at its LIBOR Lending Office and Alternate Base Rate Loans at its Domestic Lending Office.

Appears in 1 contract

Samples: Credit Agreement (Pediatrix Medical Group Inc)

Revolving Commitment. Subject Prior to the Commitment Termination Date, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Lender severally agrees to make available revolving credit loans in Dollars or in any Alternative Currency to the Borrower such Lender's (“Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANS"Loans”) from time to time from for the Closing Date until the Maturity Datepurposes hereinafter set forth; provided, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDED, HOWEVERhowever, that (i) with regard to each Lender individually, the sum of the aggregate such Lender’s share of outstanding principal amount Revolving Loans, plus such Lender’s Commitment Percentage of Revolving Loans outstanding Swingline Loans, plus such Lender’s Commitment Percentage of LOC Obligations shall not exceed such Lender’s Commitment Percentage of the aggregate Committed Amount, and (ii) with regard to the Lenders collectively, the Advances Outstanding shall not exceed the aggregate Committed Amount then in effect. For purposes hereof, the aggregate amount available hereunder shall be ONE HUNDRED BILLION AND SEVENTY MILLION DOLLARS ($100,000,0001,070,000.00) (as such aggregate maximum amount may be reduced from time to time as provided in Section 3.42.6, the "REVOLVING COMMITTED AMOUNT"“Committed Amount”); PROVIDEDprovided, FURTHERhowever, (A) with regard to each Lender individually, such Lender's that the aggregate principal amount of all outstanding Revolving Loans and LOC Obligations in Alternative Currencies shall not exceed such Lender's Revolving Commitment Percentage of the Revolving Committed Amount, and TWO HUNDRED MILLION DOLLARS (B$200,000,000) the sum of the aggregate outstanding principal amount of (“Alternative Currency Sub Limit”). Revolving Loans PLUS LOC Obligations PLUS Swingline Loans shall not exceed the Revolving Committed Amount. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans denominated in Dollars may consist of Alternate Base Rate Loans or Eurodollar EURIBOR/LIBOR Rate Loans, or a combination thereof, as the Initial Borrower may request, and may be repaid and reborrowed in accordance with the provisions hereof. Revolving Loans denominated in any Alternative Currency may consist of Alternate Base Rate Loans or EURIBOR/LIBOR Rate Loans, or a combination thereof, as the Borrower may request; PROVIDED, HOWEVER, that no more than 15 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof. Notwithstanding the foregoing, any Revolving Loans made on the Closing Date or on either of the two Business Days immediately following the Closing Date may only consist of Alternate Base Rate Loans denominated in Dollars. Any Loans denominated in Dollars shall be made by each Lender at its Domestic Lending Office and any Loans denominated in any Alternative Currency shall be made by each Lender at its EURIBOR/LIBOR Lending Office.

Appears in 1 contract

Samples: Credit Agreement (Capitalsource Inc)

Revolving Commitment. Subject During the Commitment Period, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Lender severally agrees to make available revolving credit loans (“Revolving Loans”) to the Borrower from time to time for the purposes hereinafter set forth; provided, however, that (i) with regard to each Lender individually, the sum of such Lender's ’s share of outstanding Revolving Loans plus such Lender’s LOC Commitment Percentage of LOC Obligations shall not exceed such Lender’s Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars aggregate Revolving Committed Amount, and ("REVOLVING LOANS"ii) from time with regard to time from the Closing Date until the Maturity DateLenders collectively, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDED, HOWEVER, that the sum of the aggregate outstanding principal amount of outstanding Revolving Loans plus LOC Obligations shall not exceed ONE the aggregate Revolving Committed Amount then in effect. For purposes hereof, the, aggregate amount available hereunder shall be THIRTEEN MILLION FIVE HUNDRED MILLION THOUSAND DOLLARS ($100,000,00013,500,000) (as such aggregate maximum amount may be reduced from time to time as provided in Section 3.42.4 including, without limitation, scheduled mandatory reductions and the maintenance of Reserves, the "REVOLVING COMMITTED AMOUNT"); PROVIDED, FURTHER, (A) with regard to each Lender individually, such Lender's outstanding Revolving Loans shall not exceed such Lender's Revolving Commitment Percentage of the Revolving Committed Amount, and (B) the sum of the aggregate outstanding principal amount of Revolving Loans PLUS LOC Obligations PLUS Swingline Loans shall not exceed the Revolving Committed Amount”). The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Base Floating LIBOR Rate Loans or Eurodollar Fixed LIBOR Rate Loans, or a combination thereof, as the Borrower may request; PROVIDED, HOWEVER, that no more than 15 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof; provided, however, the Revolving Loans made on the Closing Date or on either of the two Business Days immediately following the Closing Date may only consist of Floating LIBOR Rate Loans. Fixed LIBOR Rate Loans shall be made by each Lender at its LIBOR Lending Office and Floating LIBOR Rate Loans at its Domestic Lending Office.

Appears in 1 contract

Samples: Credit Agreement (Sunair Services Corp)

Revolving Commitment. Subject During the Commitment Period, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Revolving Lender severally severally, but not jointly, agrees to make available revolving credit loans ("Revolving Loans") to the Borrower such Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANS") from time to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDED, HOWEVER, that the sum of the in an aggregate outstanding principal amount of Revolving Loans shall not exceed ONE HUNDRED up to THIRTY MILLION DOLLARS ($100,000,00030,000,000) (as such aggregate maximum amount may be reduced from time to time as provided in Section 3.42.6, the "REVOLVING COMMITTED AMOUNTRevolving Committed Amount")) for the purposes hereinafter set forth; PROVIDEDprovided, FURTHERhowever, that (Ai) with regard to each Revolving Lender individually, the sum of such Lender's outstanding Revolving Loans shall not exceed such Lender's Revolving Commitment Percentage of the aggregate principal amount of outstanding Revolving Committed Amount, Loans plus the aggregate principal amount of outstanding Swingline Loans plus LOC Obligations shall not exceed such Revolving Lender's Revolving Commitment and (Bii) with regard to the Revolving Lenders collectively, the sum of the aggregate outstanding principal amount of outstanding Revolving Loans PLUS plus the aggregate principal amount of outstanding Swingline Loans plus LOC Obligations PLUS Swingline Loans shall not exceed the Revolving Committed Amount. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Alternate Base Rate Loans or Eurodollar LIBOR Rate Loans, or a combination thereof, as the Borrower may request; PROVIDED, HOWEVER, that no more than 15 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof; provided, however, Revolving Loans made on the Closing Date or on any of the three (3) Business Days following the Closing Date may only consist of Alternate Base Rate Loans unless the Borrower delivers a funding indemnity letter to the Administrative Agent at least three (3) Business Days prior to the Closing Date. LIBOR Rate Loans shall be made by each Revolving Lender at its LIBOR Lending Office and Alternate Base Rate Loans at its Domestic Lending Office.

Appears in 1 contract

Samples: Credit Agreement (Bradley Pharmaceuticals Inc)

Revolving Commitment. Subject During the Commitment Period, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Revolving Lender severally severally, but not jointly, agrees to make available revolving credit loans in Dollars (“Revolving Loans”) to the Borrower such Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANS") from time to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDED, HOWEVER, that the sum of the in an aggregate outstanding principal amount of Revolving Loans shall not exceed ONE HUNDRED up to FIFTY MILLION DOLLARS ($100,000,00050,000,000) (as increased from time to time as provided in Section 2.22 and as such aggregate maximum amount may be reduced from time to time as provided in Section 3.42.6, the "REVOLVING COMMITTED AMOUNT"“Revolving Committed Amount”) for the purposes hereinafter set forth (such facility, the “Revolving Facility”); PROVIDEDprovided, FURTHERhowever, that (Ai) with regard to each Revolving Lender individually, the sum of such Revolving Lender's outstanding Revolving Loans shall not exceed such Lender's ’s Revolving Commitment Percentage of the aggregate principal amount of outstanding Revolving Committed Amount, Loans plus such Revolving Lender’s Revolving Commitment Percentage of outstanding Swingline Loans plus such Revolving Lender’s Revolving Commitment Percentage of outstanding LOC Obligations shall not exceed such Revolving Lender’s Revolving Commitment and (Bii) with regard to the Revolving Lenders collectively, the sum of the aggregate outstanding principal amount of outstanding Revolving Loans PLUS plus outstanding Swingline Loans plus outstanding LOC Obligations PLUS Swingline Loans shall not exceed the Revolving Committed AmountAmount then in effect. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Alternate Base Rate Loans or Eurodollar LIBOR Rate Loans, or a combination thereof, as the Borrower may request; PROVIDED, HOWEVER, that no more than 15 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof.; provided, however, the Revolving Loans made on the Closing Date or any of the three (3) Business Days following the Closing Date, may only consist of Alternate Base Rate Loans unless the Borrower delivers a funding indemnity letter, substantially in the form of Exhibit 2.1(a), reasonably acceptable to the Administrative Agent not less than three (3) Business Days prior to the Closing Date. LIBOR Rate Loans shall be made by each Revolving Lender at its LIBOR Lending Office and Alternate Base Rate Loans at its Domestic Lending Office. Confidential Materials Omitted and Filed Separately with the Securities and Exchange Commission Pursuant to a Request for Confidential Treatment under Rule 406 under the Securities Act of 1933, as amended. Confidential Portions are marked: [***]

Appears in 1 contract

Samples: Credit Agreement (Ani Pharmaceuticals Inc)

Revolving Commitment. Subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth herein, each Lender severally agrees to make available to the Borrower such Lender's Revolving ’s Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANS"“Revolving Loans”) from time to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDEDprovided, HOWEVERhowever, that the sum of the aggregate outstanding principal amount of Revolving Loans shall not exceed ONE HUNDRED SEVENTY-FIVE MILLION DOLLARS ($100,000,00075,000,000) (as such aggregate maximum amount may be reduced from time to time as provided in Section 3.4, the "REVOLVING COMMITTED AMOUNT"“Revolving Committed Amount”); PROVIDEDprovided, FURTHERfurther, (A) with regard to each Lender individually, such Lender's ’s outstanding Revolving Loans shall not exceed such Lender's Revolving ’s Commitment Percentage of the Revolving Committed Amount, and (B) the sum of the aggregate outstanding principal amount of Revolving Loans PLUS plus LOC Obligations PLUS plus Swingline Loans shall not exceed the Revolving Committed Amount. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Base Rate Loans or Eurodollar Loans, or a combination thereof, as the Borrower may request; PROVIDEDprovided, HOWEVERhowever, that no more than 15 6 Eurodollar Loans which are Revolving Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof.

Appears in 1 contract

Samples: Credit Agreement (Amn Healthcare Services Inc)

Revolving Commitment. Subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth herein, each Lender severally agrees to make available to the Borrower such Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANS"“Revolving Loans”) up to such Lender’s Revolving Commitment from time to time from the Closing Date until the Maturity Termination Date, or such earlier date as the Revolving Commitments shall have been terminated as provided hereinherein for the purposes hereinafter set forth; PROVIDEDprovided, HOWEVERhowever, that the sum of the aggregate outstanding principal amount of outstanding Revolving Loans shall not exceed ONE FIVE HUNDRED MILLION DOLLARS ($100,000,000500,000,000.00) (as such aggregate maximum amount may be reduced or increased from time to time as provided in Section 2.2 or Section 3.4, the "REVOLVING COMMITTED AMOUNT"“Revolving Committed Amount”); PROVIDEDprovided, FURTHERfurther, (Ai) with regard to each Lender individually, the aggregate amount of such Lender's ’s outstanding Revolving Loans shall not exceed such Lender's ’s Revolving Commitment Percentage of the Revolving Committed AmountCommitment, and (Bii) with regard to the sum of Lenders collectively, the aggregate outstanding principal amount of outstanding Revolving Loans PLUS LOC Obligations PLUS Swingline Loans shall not at any time exceed the Revolving Committed Amount. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Base Rate Loans or Eurodollar Loans, or a combination thereof, as the Borrower may request, and may be repaid and reborrowed in accordance with the provisions hereof; PROVIDEDprovided, HOWEVERhowever, that no more than 15 borrowings of five (5) Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for time. For purposes hereof, borrowings of Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new borrowing of Eurodollar Loan Loans with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof. Notwithstanding the foregoing, the Borrower may not request any Loans hereunder while a Change of Control Standstill Period shall be in effect pursuant to Section 3.4(e) hereof.

Appears in 1 contract

Samples: Day Credit Agreement (Autozone Inc)

Revolving Commitment. Subject During the Commitment Period, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Revolving Lender severally severally, but not jointly, agrees to make available revolving credit loans (“Revolving Loans”) to the Borrower Borrowers from time to time in an aggregate principal amount of up to such Revolving Lender's ’s Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ONE HUNDRED AND FORTY MILLION DOLLARS ("REVOLVING LOANS"$140,000,000) (as increased from time to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDED, HOWEVER, that the sum of the aggregate outstanding principal amount of Revolving Loans shall not exceed ONE HUNDRED MILLION DOLLARS ($100,000,000) (in Section 2.5 and as such aggregate maximum amount may be reduced from time to time as provided in Section 3.42.7, the "REVOLVING COMMITTED AMOUNT")“Revolving Committed Amount”) for the purposes hereinafter set forth; PROVIDEDprovided, FURTHERhowever, that (Ai) with regard to each Revolving Lender individually, the sum of such Revolving Lender's ’s share of outstanding Revolving Loans plus such Revolving Lender’s Revolving Commitment Percentage of outstanding Swingline Loans plus such Revolving Lender’s Revolving Commitment Percentage of outstanding LOC Obligations shall not exceed such Revolving Lender's ’s Revolving Commitment Percentage of the Revolving Committed AmountCommitment, and (Bii) with regard to the Lenders collectively, the sum of the aggregate outstanding principal amount of Revolving Loans PLUS plus outstanding Swingline Loans plus outstanding LOC Obligations PLUS Swingline Loans shall not exceed the Revolving Committed Amount. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Alternate Base Rate Loans or Eurodollar LIBOR Rate Loans, or a combination thereof, as the Parent Borrower may request; PROVIDED, HOWEVER, that no more than 15 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof; provided, however, Revolving Loans made on the Closing Date or on any of the three Business Days following the Closing Date may only consist of Alternate Base Rate Loans unless the Parent Borrower requests such Revolving Loans be made as LIBOR Rate Loans in writing on the third Business Day prior to the Closing Date and delivers a funding indemnity letter acceptable to the Administrative Agent on or prior to such third Business Day. LIBOR Rate Loans shall be made by each Revolving Lender at its LIBOR Lending Office and Alternate Base Rate Loans at its Domestic Lending Office.

Appears in 1 contract

Samples: Credit Agreement (Si International Inc)

Revolving Commitment. Subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth herein, each Lender severally agrees to make available to the Borrower such Lender's ’s Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANS"“Revolving Loans”) from time to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDEDprovided, HOWEVERhowever, that the sum of the aggregate outstanding principal amount of Revolving Loans shall not exceed ONE HUNDRED the lesser of (i) FIFTEEN MILLION DOLLARS ($100,000,00015,000,000) (as such aggregate maximum amount may be reduced from time to time as provided in Section 3.4, the "REVOLVING COMMITTED AMOUNT")“Revolving Committed Amount”) and (ii) the Borrowing Base; PROVIDEDprovided, FURTHERfurther, (A) with regard to each Lender individually, such Lender's ’s outstanding Revolving Loans shall not exceed such Lender's ’s Revolving Commitment Percentage of the Revolving Committed Amount, and (B) the sum of the aggregate outstanding principal amount of Revolving Loans PLUS plus LOC Obligations PLUS plus Swingline Loans shall not exceed the lesser of (1) the Revolving Committed AmountAmount and (2) the Borrowing Base. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Base Rate Loans or Eurodollar Loans, or a combination thereof, as the Borrower may request; PROVIDEDprovided, HOWEVERhowever, that no more than 15 five (5) Eurodollar Loans which are Revolving Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof.

Appears in 1 contract

Samples: Credit Agreement (Healthtronics Surgical Services Inc)

Revolving Commitment. Subject During the Commitment Period, subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth hereinhereof, each Revolving Lender severally severally, but not jointly, agrees to make available to the Borrower such Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower (“Revolving Loans”) (x) in Dollars ("REVOLVING LOANS") to the Company from time to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDED, HOWEVER, that the sum of the in an aggregate outstanding principal amount of Revolving Loans shall not exceed ONE up to FIVE HUNDRED MILLION DOLLARS ($100,000,000500,000,000) (as such aggregate maximum amount may be reduced from time to time as provided in Section 3.42.6 or increased pursuant to Section 2.22, the "REVOLVING COMMITTED AMOUNT")“Revolving Committed Amount”) for the purposes hereinafter set forth (such facility, the “Revolving Facility”) and (y) in Dollars and in Foreign Currencies to the Company or any Foreign Borrower from time to time in an aggregate principal amount not to exceed the Foreign Currency Sublimit; PROVIDEDprovided, FURTHERhowever, that (Ai) with regard to each Revolving Lender individually, the sum of such Revolving Lender's ’s Revolving Commitment Percentage of the aggregate principal amount of outstanding Revolving Loans plus such Revolving Lender’s Revolving Commitment Percentage of outstanding Swingline Loans plus such Revolving Lender’s Revolving Commitment Percentage of outstanding LOC Obligations plus such Revolving Lender’s Revolving Commitment Percentage of outstanding Additional Alternative Currency Loans shall not exceed such Revolving Lender's ’s Revolving Commitment Percentage of Commitment, (ii) with regard to the Revolving Committed AmountLenders collectively, and (B) the sum of the aggregate outstanding principal amount of outstanding Revolving Loans PLUS plus outstanding Swingline Loans plus outstanding LOC Obligations PLUS Swingline plus outstanding Additional Alternative Currency Loans shall not exceed the Revolving Committed Amount. The initial advance Amount then in effect and (iii) the aggregate principal amount of the outstanding Revolving Loans on denominated in a Foreign Currency plus outstanding Additional Alternative Currency Loans plus outstanding LOC Obligations with respect to Letters of Credit denominated in a Foreign Currency plus outstanding obligations in respect of Swingline Loans denominated in a Foreign Currency, shall not exceed the Closing Date shall consist solely of Base Rate LoansForeign Currency Sublimit. Thereafter, Revolving Loans may consist of Alternate Base Rate Loans or Eurodollar Loans, Eurocurrency Loans, or a combination thereof, as the applicable Borrower may request; PROVIDED, HOWEVER, that no more than 15 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions mayrequest and, in accordance with the provisions hereofeach case, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof; provided that (A) Revolving Loans denominated in Euros may consist of only EURIBOR Market Index Rate Loans or EURIBOR Rate Loans, (B) Revolving Loans denominated in British Pounds Sterling or Alternative Currencies may consist of only LIBOR Market Index Rate Loans or LIBOR Rate Loans, (C) Revolving Loans denominated in Dollars may consist of only Alternate Base Rate Loans, LIBOR Market Index Rate Loans or LIBOR Rate Loans and (D) unless otherwise agreed to by the Administrative Agent in its sole discretion, Revolving Loans made on the Restatement Effective Date or any of the three (3) Business Days following the Restatement Effective Date may only consist of Alternate Base Rate Loans unless the applicable Borrower delivers a funding indemnity letter in form and substance reasonably acceptable to the Administrative Agent not less than three (3) Business Days prior to the Restatement Effective Date. Eurocurrency Loans shall be made by each Revolving Lender at its Eurocurrency Lending Office and Alternate Base Rate Loans at its Domestic Lending Office. Notwithstanding the foregoing, the aggregate principal amount of Revolving Loans made on the Restatement Effective Date in order to finance the Transactions shall not exceed $235,000,000.

Appears in 1 contract

Samples: Credit Agreement (Itron Inc /Wa/)

Revolving Commitment. Subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth herein, each Lender severally agrees to make available to the Borrower such Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANS"“Revolving Loans”) up to such Lender’s Revolving Commitment from time to time from the Closing Date until the Maturity Termination Date, or such earlier date as the Revolving Commitments shall have been terminated as provided hereinherein for the purposes hereinafter set forth; PROVIDEDprovided, HOWEVERhowever, that the sum of the aggregate outstanding principal amount of outstanding Revolving Loans shall not exceed ONE BILLION TWO HUNDRED AND FIFTY MILLION DOLLARS ($100,000,0001,250,000,000.00) (as such aggregate maximum amount may be reduced or increased from time to time as provided in Section 3.4, the "REVOLVING COMMITTED AMOUNT"“Revolving Committed Amount”); PROVIDEDprovided, FURTHERfurther, (Ai) with regard to each Lender individually, the aggregate amount of such Lender's ’s outstanding Revolving Loans, pro rata share of Swingline Loans and pro rata share of L/C Obligations shall not exceed such Lender's ’s Revolving Commitment Percentage of the Revolving Committed AmountCommitment, and (Bii) with regard to the Lenders collectively, the sum of the aggregate outstanding principal amount of outstanding Revolving Loans PLUS LOC Obligations PLUS plus the aggregate principal amount of outstanding Swingline Loans plus the L/C Obligations outstanding shall not at any time exceed the Revolving Committed Amount. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Base Rate Loans or Eurodollar Loans, or a combination thereof, as the Borrower may request, and may be repaid and reborrowed in accordance with the provisions hereof; PROVIDEDprovided, HOWEVERhowever, that no more than 15 borrowings of fifteen (15) Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for time. For purposes hereof, borrowings of Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new borrowing of Eurodollar Loan Loans with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof. Notwithstanding the foregoing, the Borrower may not request any Loans hereunder while a Change of Control Standstill Period shall be in effect pursuant to Section 3.4(e) hereof.

Appears in 1 contract

Samples: Credit Agreement (Autozone Inc)

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