Common use of The Revolving Credit Clause in Contracts

The Revolving Credit. Subject to the terms and conditions of this Agreement and in reliance upon the representations and warranties of the Credit Parties contained herein, each Revolving Lender severally and not jointly agrees to make Loans to the Borrower (each such Loan, a “Revolving Loan”) from time to time on any Business Day during the period from the Restatement Effective Date through the Final Availability Date, in an aggregate amount not to exceed at any time outstanding the amount set forth opposite such Lender’s name in Schedule 1.1(b) under the heading “Revolving Loan Commitments” (such amount as the same may be reduced or increased from time to time in accordance with this Agreement, being referred to herein as such Lender’s “Revolving Loan Commitment”); provided, however, that, the Lenders shall be under no obligation to fund any requested Borrowing of Revolving Loans to the extent that such requested Borrowing, if funded, would cause the aggregate principal amount of all outstanding Revolving Loans to exceed the Maximum Revolving Loan Balance. Subject to the other terms and conditions hereof, amounts borrowed under this subsection 1.1(b) may be repaid and reborrowed from time to time. The “Maximum Revolving Loan Balance” from time to time will be the lesser of:

Appears in 3 contracts

Samples: Credit Agreement (Zoe's Kitchen, Inc.), Credit Agreement (Zoe's Kitchen, Inc.), Credit Agreement (Zoe's Kitchen, Inc.)

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The Revolving Credit. Subject to the terms and conditions of this Agreement and in reliance upon the representations and warranties of the Credit Parties contained herein, each Revolving Lender severally and not jointly agrees to make Loans to the Borrower (each such Loan, a “Revolving Loan”) from time to time on any Business Day during the period from the Restatement Fourth Amendment Effective Date through the Final Availability Date, in an aggregate amount not to exceed at any time outstanding the amount set forth opposite such Lender’s name in Schedule 1.1(b) under the heading “Revolving Loan Commitments” (such amount as the same may be reduced or increased from time to time in accordance with this Agreement, being referred to herein as such Lender’s “Revolving Loan Commitment”); provided, however, that, the Lenders shall be under no obligation to fund any requested Borrowing of Revolving Loans to the extent that such requested Borrowing, if funded, would cause the aggregate principal amount of all outstanding Revolving Loans to exceed the Maximum Revolving Loan Balance. Each Lender shall be deemed to have assigned and/or purchased, as necessary, any and all amounts in respect of the Aggregate Revolving Loan Commitment in order to accurately reflect its appropriate percentage of the Aggregate Revolving Loan Commitment as set forth on Schedule 1.1(b). Subject to the other terms and conditions hereof, amounts borrowed under this subsection 1.1(b) may be repaid and reborrowed from time to time. The “Maximum Revolving Loan Balance” from time to time will be the lesser of:

Appears in 3 contracts

Samples: Credit Agreement (Zoe's Kitchen, Inc.), Credit Agreement (Zoe's Kitchen, Inc.), Credit Agreement (Zoe's Kitchen, Inc.)

The Revolving Credit. Subject to the terms and conditions of this Agreement and in reliance upon the representations and warranties of the Credit Parties contained herein, each Revolving Lender severally and not jointly agrees to make Loans to the Borrower Borrowers (each such Loan, a “Revolving Loan”) from time to time on any Business Day during the period from the Restatement Effective Closing Date through to the Final Availability Revolving Termination Date, in an aggregate amount not to exceed at any time outstanding the amount set forth opposite such Lender’s name in Schedule 1.1(b) 1.1 under the heading “Revolving Loan CommitmentsCommitment” (such amount as the same may be reduced or increased from time to time in accordance with this Agreementpursuant to subsection 1.8(d) and Section 1.13 or as a result of one or more assignments pursuant to Section 9.9, being referred to herein as such Lender’s “Revolving Loan Commitment”); provided, however, that, the Lenders shall be under no obligation after giving effect to fund any requested Borrowing of Revolving Loans to the extent that such requested BorrowingLoans, if funded, would cause the aggregate principal amount of all outstanding Revolving Loans to shall not exceed the Maximum Revolving Loan Balance. Subject to the other terms and conditions hereof, amounts borrowed under this subsection 1.1(b1.1(a) may be repaid and reborrowed from time to time. The “Maximum Revolving Loan Balance” from time to time will be the lesser of:

Appears in 2 contracts

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

The Revolving Credit. (i) Subject to the terms and conditions of this Agreement and in reliance upon the representations and warranties of the Credit Parties contained herein, each Revolving Lender severally and not jointly agrees to make Loans to the Borrower Borrowers (each such Loan and each Incremental Revolving Loan, a “Revolving Loan”) from time to time on any Business Day during the period from the Restatement Effective Closing Date through the Final Availability Date, in an aggregate amount not to exceed at any time outstanding the amount set forth opposite such Lender’s name in Schedule 1.1(b) under the heading “Revolving Loan Commitments” (such amount as the same may be reduced or increased from time to time in accordance with this Agreement, being referred to herein as such Lender’s “Revolving Loan Commitment”); provided, however, that, the Lenders shall be under no obligation after giving effect to fund any requested Borrowing of Revolving Loans to the extent that such requested BorrowingLoans, if funded, would cause the aggregate principal amount of all outstanding Revolving Loans to shall not exceed the Maximum Revolving Loan Balance. Subject to the other terms and conditions hereof, amounts borrowed under this subsection Section 1.1(b) may be repaid and reborrowed from time to time. The “Maximum Revolving Loan Balance” from time to time will be the lesser of:

Appears in 2 contracts

Samples: Credit Agreement (Igi Laboratories, Inc), Credit Agreement (NxStage Medical, Inc.)

The Revolving Credit. Subject to the terms and conditions of this Agreement and in reliance upon the representations and warranties of the Credit Parties contained herein, each Revolving Lender severally and not jointly agrees to make Loans to the Borrower (each such Loan, a “Revolving Loan”) from time to time on any Business Day during the period from the Restatement Third Amendment Effective Date through the Final Availability Date, in an aggregate amount not to exceed at any time outstanding the amount set forth opposite such Lender’s name in Schedule 1.1(b) under the heading “Revolving Loan Commitments” (such amount as the same may be reduced or increased from time to time in accordance with this Agreement, being referred to herein as such Lender’s “Revolving Loan Commitment”); provided, however, that, the Lenders shall be under no obligation to fund any requested Borrowing of Revolving Loans to the extent that such requested Borrowing, if funded, would cause the aggregate principal amount of all outstanding Revolving Loans to exceed the Maximum Revolving Loan Balance. Subject to the other terms and conditions hereof, amounts borrowed under this subsection 1.1(b) may be repaid and reborrowed from time to time. The “Maximum Revolving Loan Balance” from time to time will be the lesser of:

Appears in 2 contracts

Samples: Credit Agreement (Zoe's Kitchen, Inc.), Credit Agreement (Zoe's Kitchen, Inc.)

The Revolving Credit. (i) Subject to the terms and conditions of this Agreement Agreement, including subsection 1.1(b)(v) below, and in reliance upon the representations and warranties of the Credit Parties contained herein, each Revolving Lender severally and not jointly agrees to make Loans in Dollars or Canadian Dollars to the Borrower Borrowers (each such Loan, a “Revolving Loan”) from time to time on any Business Day during the period from the Restatement Effective Closing Date through the Final Availability Date, in an aggregate amount not to exceed at any time outstanding the amount set forth opposite such Lender’s name in Schedule 1.1(b) under the heading “Revolving Loan Commitments” (such amount amount, as the same may be reduced or increased from time to time in accordance with this Agreement, being referred to herein as such Lender’s “Revolving Loan Commitment”); provided, however, that, the Lenders shall be under no obligation after giving effect to fund any requested Borrowing of Revolving Loans to the extent that such requested BorrowingLoans, if funded, would cause (A) the aggregate principal amount of all outstanding Revolving Loans to any Borrower Group shall not exceed the that Borrower Group’s Maximum Revolving Loan BalanceBalance or, in the case of the Camrose Borrowers, if less, the Camrose Sublimit and (B) the aggregate principal amount of all outstanding Revolving Loans, Swing Loans and Letter of Credit Obligations to all Borrowers shall not exceed the Aggregate Revolving Loan Commitment then in effect. Subject to the other terms and conditions hereof, amounts borrowed under this subsection 1.1(b) may be repaid and reborrowed from time to time. The “Maximum Revolving Loan Balance” from time to time will be the lesser of:.

Appears in 2 contracts

Samples: Credit Agreement (Evraz North America PLC), Credit Agreement (Evraz North America LTD)

The Revolving Credit. Subject to Each Bank severally agrees, on the terms and conditions of this Agreement and in reliance upon the representations and warranties of the Credit Parties contained hereinhereinafter set forth, each Revolving Lender severally and not jointly agrees to make Loans to the Borrower and WMS (each such Loan, a “Revolving Loan”"REVOLVING LOAN") from time to time on any Business Day during the period from the Restatement Effective Closing Date through to the Final Availability Revolving Termination Date, in an aggregate amount not to exceed at any time outstanding the amount set forth opposite such Lender’s Bank's name in Schedule 1.1(bSCHEDULE 2.01(b) under the heading “Revolving Loan Commitments” "REVOLVING LOAN COMMITMENT" (such amount as the same may be reduced pursuant to Section 2.05 or increased from time as a result of one or more assignments pursuant to time in accordance with this AgreementSection 11.08, being referred to herein as such Lender’s “Bank's "REVOLVING LOAN COMMITMENT"); PROVIDED, HOWEVER, that no Revolving Loan Commitment”); provided, however, that, the Lenders shall be under no obligation made hereunder if, after giving effect to fund any requested Borrowing of Revolving Loans to (i) the extent that such requested Borrowing, if funded, would cause the aggregate principal amount Effective Amount of all outstanding Revolving Loans to shall exceed the Maximum Aggregate Revolving Loan BalanceCommitment; or (ii) the Effective Amount of the Revolving Loans of any Bank shall exceed such Bank's Revolving Loan Commitment. Subject Within the foregoing limits, and subject to the other terms and conditions hereof, amounts borrowed the Borrower and WMS may borrow under this subsection 1.1(b) may be repaid 2.01(b), prepay pursuant to Section 2.06 and reborrowed from time reborrow pursuant to time. The “Maximum Revolving Loan Balance” from time to time will be the lesser of:this subsection 2.01(b).

Appears in 1 contract

Samples: Credit Agreement (Western Staff Services Inc)

The Revolving Credit. (i) Subject to the terms and conditions of this Agreement and in reliance upon the representations and warranties of the Credit Parties contained herein, each Revolving Lender severally and not jointly agrees to make Loans to any of the Borrower Borrowers (each such Loan, a “Revolving Loan”) from time to time on any Business Day during the period from the Restatement Effective Closing Date through to the Final Availability Revolving Termination Date, in an aggregate amount not to exceed at any time outstanding the amount set forth opposite such Lender’s name in Schedule 1.1(b1.1(a) under the heading “Revolving Loan CommitmentsCommitment” (such amount as the same may be reduced or increased from time to time as a result of one or more assignments pursuant to Section 9.9 or as a result of a Commitment Increase in accordance with this AgreementSection 1.1(a)(ii), being referred to herein as such Lender’s “Revolving Loan Commitment”); provided, however, that, the Lenders shall be under no obligation after giving effect to fund any requested Borrowing of Revolving Loans to the extent that such requested BorrowingLoans, if funded, would cause the aggregate principal amount of all outstanding Revolving Loans to shall not exceed the Maximum Revolving Loan Balance. Subject to the other terms and conditions hereof, amounts borrowed under this subsection 1.1(b1.1(a) may be repaid and reborrowed from time to time. The “Maximum Revolving Loan Balance” from time to time will be the lesser of:

Appears in 1 contract

Samples: Credit Agreement (International Textile Group Inc)

The Revolving Credit. Subject to the terms and conditions of this Agreement and in reliance upon the representations and warranties of the Credit Parties contained herein, each Revolving Lender severally and not jointly agrees to make Loans to the Borrower (each such Loan, a "Revolving Loan") from time to time on any Business Day during the period from the Restatement Effective Closing Date through to the Final Availability Revolving Termination Date, in an aggregate amount not to exceed at any time outstanding the amount set forth opposite such Lender’s 's name in Schedule 1.1(b) under the heading "Revolving Loan Commitments” Commitment" (such amount as the same may be increased pursuant to Section 1.12 or reduced from time to time pursuant to subsection 1.8(c) or reduced or increased from time to time in accordance with this Agreementas a result of one or more assignments pursuant to Section 9.9, being referred to herein as such Lender’s “'s "Revolving Loan Commitment"); provided, however, that, the Lenders shall be under no obligation after giving effect to fund any requested Borrowing of Revolving Loans to the extent that such requested BorrowingLoans, if funded, would cause the aggregate principal amount of all outstanding Revolving Loans to shall not exceed the Maximum Revolving Loan Balance. Subject to the other terms and conditions hereof, amounts borrowed under this subsection 1.1(b) may be repaid and reborrowed from time to time. The "Maximum Revolving Loan Balance" from time to time will be the lesser of:

Appears in 1 contract

Samples: Credit Agreement (Banctec Inc)

The Revolving Credit. (i) Subject to the terms and conditions of this Agreement and in reliance upon the representations and warranties of the Credit Parties contained herein, each Revolving Lender severally and not jointly agrees to make Loans to any of the Borrower Borrowers (each such Loan, a “Revolving Loan”) from time to time on any Business Day during the period from the Restatement Effective Closing Date through to the Final Availability Revolving Termination Date, in an aggregate amount not to exceed at any time outstanding the amount set forth opposite such Lender’s name in Schedule 1.1(b) under the heading “Revolving Loan CommitmentsCommitment” (such amount as the same may be reduced or increased from time to time as a result of one or more assignments pursuant to Section 9.9 or as a result of a Commitment Increase in accordance with this AgreementSection 1.1(b)(iv), being referred to herein as such Lender’s “Revolving Loan Commitment”); provided, however, that, the Lenders shall be under no obligation after giving effect to fund any requested Borrowing of Revolving Loans to the extent that such requested BorrowingLoans, if funded, would cause the aggregate principal amount of all outstanding Revolving Loans to shall not exceed the Maximum Revolving Loan Balance. Subject to the other terms and conditions hereof, amounts borrowed under this subsection 1.1(b) may be repaid and reborrowed from time to time. On the Closing Date, the outstanding principal balance of the “Revolving Loans” made under the Original Credit Agreement equals $38,576,628.93, which amount shall remain outstanding Obligations of the Borrowers and shall be deemed to be outstanding Revolving Loans hereunder. The “Maximum Revolving Loan Balance” from time to time will be the lesser of:

Appears in 1 contract

Samples: Credit Agreement (International Textile Group Inc)

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The Revolving Credit. Subject to the terms and conditions of this Agreement and in reliance upon the representations and warranties of the Credit Parties contained set forth herein, each Lender with a Revolving Lender Loan Commitment severally and not jointly agrees to make Loans to the Borrower loans (each such Loanloan, a “Revolving Loan”) to the Borrowers from time to time time, on any Business Day during the period from the Restatement Effective Date through the Final Availability DatePeriod, in an aggregate amount not to exceed at any time outstanding the amount set forth opposite such Lender’s name in Schedule 1.1(b) Section 2.01 under the heading “Revolving Loan CommitmentsCommitment” (such amount as the same may be reduced or increased from time to time in accordance with this Agreement, being referred to herein as such Lender’s “Revolving Loan Commitment”); provided, however, that, the Lenders shall be under no obligation that after giving effect to fund any requested Borrowing of Revolving Loans, (i) the Total Revolving Loans to Outstanding shall not exceed the extent that such requested Borrowinglesser of (A) the Borrowing Base and (B) the Aggregate Revolving Loan Commitment, if funded, would cause and (ii) the aggregate principal amount Outstanding Amount of all outstanding Revolving Loans to of any Lender shall not exceed the Maximum such Lender’s Revolving Loan BalanceCommitment. Subject Within the limits of each Lender’s Revolving Loan Commitment and subject to the other terms and conditions hereof, amounts borrowed the Borrowers may borrow under this subsection 1.1(b) may be repaid Section 2.01(c), prepay under Section 2.03, and reborrowed from time to time. The “Maximum Revolving Loan Balance” from time to time will be the lesser of:reborrow under this Section 2.01(c).

Appears in 1 contract

Samples: Credit Agreement (Video Display Corp)

The Revolving Credit. Subject to Each Lender with a Revolving Loan Commitment severally and not jointly agrees, on the terms and conditions of this Agreement and in reliance upon the representations and warranties of the Credit Parties contained hereinhereinafter set forth, each Revolving Lender severally and not jointly agrees to make Loans to the Borrower (each such Loan, a “Revolving Loan”"REVOLVING LOAN") from time to time on any Business Day during the period from the Restatement Effective Closing Date through to the Final Availability Revolving Termination Date, in an aggregate amount not to exceed at any time outstanding the amount set forth opposite such the Lender’s 's name in Schedule SCHEDULE 1.1(b) under the heading "Revolving Loan Commitments” Commitment" (such amount as the same may be reduced or increased from time to time in accordance with this Agreementas a result of one or more assignments pursuant to Section 9.8, being referred to herein as such Lender’s “Revolving Loan Commitment”'s "REVOLVING LOAN COMMITMENT"); providedPROVIDED, howeverHOWEVER, that, the Lenders shall be under no obligation after giving effect to fund any requested Borrowing of Revolving Loans to the extent that such requested BorrowingLoans, if funded, would cause the aggregate principal amount of all outstanding Revolving Loans to shall not exceed the Maximum Revolving Loan Balance. Subject Within the limits of each Lender's Revolving Loan Commitment, and subject to the other terms and conditions hereof, amounts borrowed under this subsection 1.1(b) may be repaid and reborrowed from time to time. The “Maximum Revolving Loan Balance” "MAXIMUM REVOLVING LOAN BALANCE" from time to time will be the lesser of:

Appears in 1 contract

Samples: Credit Agreement (Esquire Communications LTD)

The Revolving Credit. Subject to the terms and conditions of this Agreement and in reliance upon the representations and warranties of the Credit Parties contained set forth herein, each Lender with a Revolving Lender Loan Commitment severally and not jointly agrees to make Loans to the Borrower loans (each such Loanloan, a “Revolving Loan”) to the Borrowers from time to time time, on any Business Day during the period from the Restatement Effective Date through the Final Availability DatePeriod, in an aggregate amount not to exceed at any time outstanding the amount set forth opposite such Lender’s name in Schedule 1.1(b) Section 2.01 under the heading “Revolving Loan CommitmentsCommitment” (such amount as the same may be reduced or increased from time to time in accordance with this Agreement, being referred to herein as such Lender’s “Revolving Loan Commitment”); provided, however, that, the Lenders shall be under no obligation that after giving effect to fund any requested Borrowing of Revolving Loans to and any Swing Line Loans, (i) the extent that such requested BorrowingTotal Revolving Loans Outstanding (including Swing Line Loans) shall not exceed the lesser of (A) the Borrowing Base and (B) the Aggregate Revolving Loan Commitment, if funded, would cause and (ii) the aggregate principal amount Outstanding Amount of all outstanding Revolving Loans to of any Lender shall not exceed the Maximum such Lender’s Revolving Loan BalanceCommitment. Subject Within the limits of each Lender’s Revolving Loan Commitment and subject to the other terms and conditions hereof, amounts borrowed the Borrowers may borrow under this subsection 1.1(b) may be repaid Section 2.01(c), prepay under Section 2.03, and reborrowed from time to time. The “Maximum Revolving Loan Balance” from time to time will be the lesser of:reborrow under this Section 2.01(c).

Appears in 1 contract

Samples: Credit Agreement (Video Display Corp)

The Revolving Credit. Subject to the terms and conditions of this Agreement and in reliance upon the representations and warranties of the Credit Parties contained herein, each Revolving Lender severally and not jointly agrees to make Loans to the Borrower Borrowers (each such Loan, a “Revolving Loan”) from time to time on any Business Day during the period from the Restatement Effective Date through to the Final Availability Revolving Termination Date, in an aggregate amount not to exceed at any time outstanding the amount set forth opposite such Lender’s name in Schedule 1.1(b) under the heading “Revolving Loan CommitmentsCommitment” (such amount as the same may be reduced or increased from time to time in accordance with this Agreementpursuant to Section 1.16 or as a result of one or more assignments pursuant to Section 9.9, being referred to herein as such Lender’s “Revolving Loan Commitment”); provided, however, that, the Lenders shall be under no obligation after giving effect to fund any requested Borrowing of Revolving Loans to the extent that such requested BorrowingLoans, if funded, would cause the aggregate principal amount of all the outstanding Revolving Loans to Credit Exposure shall not exceed the Maximum Revolving Loan Balance. Subject to the other terms and conditions hereof, amounts borrowed under this subsection 1.1(b) may be repaid and reborrowed from time to time. The “Maximum Revolving Loan Balance” from time to time will be the lesser of:

Appears in 1 contract

Samples: Credit Agreement (Akorn Inc)

The Revolving Credit. (i) Subject to the terms and conditions of this Agreement and in reliance upon the representations and warranties of the Credit Parties contained herein, each Revolving Lender severally and not jointly agrees to make Loans to the Borrower (each such Loan, a "Revolving Loan") from time to time on any Business Day during the period from the Restatement Effective Closing Date through to the Final Availability Revolving Termination Date, in an aggregate amount not to exceed at any time outstanding the amount set forth opposite such Lender’s 's name in Schedule 1.1(b1.1 (b) under the heading "Revolving Loan Commitments” Commitment" (such amount as the same may be reduced or increased from time to time in accordance with as a result of one or more assignments pursuant to Section 9.9 or otherwise pursuant to this Agreement, being referred to herein as such Lender’s “'s "Revolving Loan Commitment"); provided, however, that, the Lenders shall be under no obligation after giving effect to fund any requested Borrowing of Revolving Loans to the extent that such requested BorrowingLoans, if funded, would cause the aggregate principal amount of all outstanding Revolving Loans to shall not exceed the Maximum Revolving Loan Balance. Subject to the other terms and conditions hereof, amounts borrowed under this subsection 1.1(b1.1 (b) may be repaid and reborrowed from time to time. The "Maximum Revolving Loan Balance" from time to time will be equal the lesser of:Aggregate Revolving Loan Commitment then in effect less, the sum of (x) the aggregate amount of Letter of Credit Obligations plus (y) outstanding Swing Loans.

Appears in 1 contract

Samples: Credit Agreement (CSAV Holding Corp.)

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