Example ContractsClausesexcess availabilityVariants
Remove:

Availability. Subject to the terms and conditions of this Agreement and the other Loan Documents, including, without limitation, Section 6.2(e) of this Agreement, and in reliance upon the representations and warranties set forth in this Agreement and the other Loan Documents, the Swingline Lender may, in its sole discretion, make Swingline Loans in Dollars to the Borrower from time to time from the Closing Date to, but not including, the Revolving Credit Maturity Date; provided, that # after giving effect to any amount requested, the Revolving Credit Outstandings shall not exceed the Revolving Credit Commitment and # the aggregate principal amount of all outstanding Swingline Loans (after giving effect to any amount requested) shall not exceed the Swingline Commitment. Notwithstanding any provision herein to the contrary, the Swingline Lender, in its sole discretion may agree in writing with the Borrower that the Swingline Facility may be used to automatically draw and repay Swingline Loans (subject to the limitations set forth herein) pursuant to cash management arrangements between the Borrower and the Swingline Lender (the “Sweep Arrangement”); provided however, that on and after the Closing Date, such Sweep Arrangement shall not be available to the Borrower until such time as the Swingline Lender agrees in writing. If applicable, principal and interest on Swingline Loans deemed requested pursuant to the Sweep Arrangement shall be paid pursuant to the terms and conditions agreed to between the Borrower and the Swingline Lender (without any deduction, setoff or counterclaim whatsoever). The borrowing and disbursement provisions set forth in [Section 2.3] and any other provision hereof with respect to the timing or amount of payments on the Swingline Loans (other than [Section 2.4(a)]) shall not be applicable to Swingline Loans made and prepaid pursuant to the Sweep Arrangement. Unless sooner paid pursuant to the provisions hereof or the provisions of the Sweep Arrangement, the principal amount of the Swingline Loans shall be paid in full, together with accrued interest thereon, on the Revolving Credit Maturity Date.

Availability. Subject to the terms and conditions of this Agreement and the other Loan Documents,Agreement, including, without limitation, Section[Section 6.2(e)2] of this Agreement, and in reliance upon the representations and warranties set forth in this Agreement and the other Loan Documents, the Swingline Lender may, in its sole discretion, make Swingline Loans in Dollars to the Borrower from time to time from the Closing Date to, but not including, the Revolving Credit Maturity Date; provided, that # after giving effect to any amount requested, the Revolving Credit Outstandings shall not exceed the Revolving Credit Commitment and # the aggregate principal amount of all outstanding Swingline Loans (after giving effect to any amount requested) shall not exceed the Swingline Commitment. Notwithstanding any provision herein to the contrary, the Swingline Lender, in its sole discretion may agree in writing with the Borrower that the Swingline Facility may be used to automatically draw and repay Swingline Loans (subject to the limitations set forth herein) pursuant to cash management arrangements between the Borrower and the Swingline Lender (the “Sweep Arrangement”); provided however, that on and after the Closing Date, such Sweep Arrangement shall not be available to the Borrower until such time as the Swingline Lender agrees in writing. If applicable, principal and interest on Swingline Loans deemed requested pursuant to the Sweep Arrangement shall be paid pursuant to the terms and conditions agreed to between the Borrower and the Swingline Lender (without any deduction, setoff or counterclaim whatsoever). The borrowing and disbursement provisions set forth in [Section 2.3] and any other provision hereof with respect to the timing or amount of payments on the Swingline Loans (other than [Section 2.4(a)]) shall not be applicable to Swingline Loans made and prepaid pursuant to the Sweep Arrangement. Unless sooner paid pursuant to the provisions hereof or the provisions of the Sweep Arrangement, the principal amount of the Swingline Loans shall be paid in full, together with accrued interest thereon, on the Revolving Credit Maturity Date.

Availability.Swingline Borrowings. Subject to the terms and conditions of this Agreement andset forth herein, the other Loan Documents, including, without limitation, Section 6.2(e) of this Agreement, andSwingline Lender, in reliance upon the representations and warrantiesagreements of the Revolving Credit Lenders set forth in this Agreement and the other Loan Documents, the Swingline Lender may,Section 2.04, shall make loans in its sole discretion, make Swingline Loans in Dollars (each such loan, a “Swingline Loan”) to the Borrower from time to time fromon any Business Day (other than the Closing Date) until the Maturity Date to, but not including,for the Revolving Credit Maturity Date;Facility in an aggregate amount not to exceed at any time outstanding the Swingline Sublimit; provided, however, that # after giving effect to any amount requested,Swingline Loan, # the Total Revolving Credit Outstandings shall not exceed the aggregate amount of the Revolving Credit CommitmentCommitments and # the aggregate principal amountOutstanding Amount of the Revolving Credit Loans of any Revolving Credit Lender, plus such Revolving Credit Lender’s Pro Rata Share of the Outstanding Amount of all outstandingL/C Obligations at such time, plus such Revolving Credit Lender’s Pro Rata Share of the Outstanding Amount of all Swingline Loans (after giving effect to any amount requested)at such time shall not exceed such Revolving Credit Lender’s Revolving Credit Commitment; provided further, that the Borrower shall not use the proceeds of any Swingline Commitment. NotwithstandingLoan to refinance any provision hereinoutstanding Swingline Loan. Within the foregoing limits, and subject to the contrary, the Swingline Lender, in its sole discretion may agree in writing withother terms and conditions hereof, the Borrower thatmay borrow under this Section 2.04, prepay under Section 2.05, and reborrow under this Section 2.04. Each Swingline Loan shall bear interest only at a rate based on the Base Rate. Immediately upon the making of a Swingline Facility mayLoan, each Revolving Credit Lender shall be used to automatically drawdeemed to, and repay Swingline Loans (subject to the limitations set forth herein) pursuant to cash management arrangements between the Borrowerhereby irrevocably and unconditionally agrees to, purchase from the Swingline Lender (the “Sweep Arrangement”); provided however, that on and aftera risk participation in such Swingline Loan in an amount equal to such Revolving Credit Lender’s Pro Rata Share of the Closing Date, such Sweep Arrangement shall not be available toRevolving Facility multiplied by the Borrower until such time as the Swingline Lender agrees in writing. If applicable, principal and interest on Swingline Loans deemed requested pursuant to the Sweep Arrangement shall be paid pursuant to the terms and conditions agreed to between the Borrower and the Swingline Lender (without any deduction, setoff or counterclaim whatsoever). The borrowing and disbursement provisions set forth in [Section 2.3] and any other provision hereof with respect to the timing or amount of payments on thesuch Swingline Loans (other than [Section 2.4(a)]) shall not be applicable to Swingline Loans made and prepaid pursuant to the Sweep Arrangement. Unless sooner paid pursuant to the provisions hereof or the provisions of the Sweep Arrangement, the principal amount of the Swingline Loans shall be paid in full, together with accrued interest thereon, on the Revolving Credit Maturity Date.Loan.

Availability.The Swingline. Subject to the terms and conditions of this Agreement andset forth herein, the other Loan Documents, including, without limitation, Section 6.2(e) of this Agreement, andSwingline Lender, in reliance upon the representations and warrantiesagreements of the other Lenders set forth in this Agreement and the other Loan Documents, the Swingline Lender may,[Section 2.04], may in its sole discretion,discretion make Swingline Loans in Dollarsloans to the Borrower (each such loan, a “Swingline Loan”). Each such Swingline Loan may be made, subject to the terms and conditions set forth herein, to the Borrower, in Dollars, from time to time fromon any Business Day during the Closing Date to, butAvailability Period in an aggregate amount not including,to exceed at any time outstanding the Revolving Credit Maturity Date;amount of the Swingline Sublimit; provided, however, that # after giving effect to any amount requested,Swingline Loan, # the Total Revolving Credit Outstandings shall not exceed the Revolving CreditFacility at such time, # the Revolving Exposure of any Revolving Lender at such time shall not exceed such Lender’s Revolving Commitment and # the aggregate principal amount of all outstanding Swingline Loans (after giving effect to any amount requested)outstanding shall not exceed the Swingline Commitment. Notwithstanding any provision herein to the contrary,Commitment of the Swingline Lender, in its sole discretion may agree in writing with# the Borrower thatshall not use the proceeds of any Swingline Facility may be usedLoan to automatically drawrefinance any outstanding Swingline Loan, and repay Swingline Loans (subject to the limitations set forth herein) pursuant to cash management arrangements between the Borrower and# the Swingline Lender (the “Sweep Arrangement”); provided however, that on and after the Closing Date, such Sweep Arrangement shall not be availableunder any obligation to make any Swingline Loan if it shall determine (which determination shall be conclusive and binding absent manifest error) that it has, or by such Credit Extension may have, Fronting Exposure. Within the foregoing limits, and subject to the other terms and conditions hereof, the Borrower until such time asmay borrow under this [Section 2.04], prepay under [Section 2.05], and reborrow under this [Section 2.04]. Each Swingline Loan shall bear interest only at a rate based on the Base Rate plus the Applicable Rate. Immediately upon the making of a Swingline Loan, each Revolving Lender shall be deemed to, and hereby irrevocably and unconditionally agrees to, purchase from the Swingline Lender agreesa risk participation in writing. If applicable, principal and interest onsuch Swingline Loans deemed requested pursuantLoan in an amount equal to the Sweep Arrangement shall be paid pursuant toproduct of such Revolving Lender’s Applicable Revolving Percentage times the terms and conditions agreed to between the Borrower and the Swingline Lender (without any deduction, setoff or counterclaim whatsoever). The borrowing and disbursement provisions set forth in [Section 2.3] and any other provision hereof with respect to the timing or amount of payments on thesuch Swingline Loans (other than [Section 2.4(a)]) shall not be applicable to Swingline Loans made and prepaid pursuant to the Sweep Arrangement. Unless sooner paid pursuant to the provisions hereof or the provisions of the Sweep Arrangement, the principal amount of the Swingline Loans shall be paid in full, together with accrued interest thereon, on the Revolving Credit Maturity Date.Loan.

Availability. Subject to the terms and conditions of this Agreement and the other Loan Documents, including, without limitation, Section 6.2(e) of this Agreement, and in reliance upon the representations and warranties set forth in this Agreement and the other Loan Documents,herein, the Swingline Lender may, in its sole discretion, make Swingline Loans in Dollars to the BorrowerBorrower, from time to time fromduring the Closing Date to, butAvailability Period, in an aggregate principal amount outstanding at any time not including, the Revolving Credit Maturity Date; provided, that # after giving effect to any amount requested, the Revolving Credit Outstandings shall not exceed the Revolving Creditlesser of # the Swingline Commitment then in effect and # the difference between the Aggregate Revolving Commitment Amount and the aggregate principal amountRevolving Credit Exposures of all outstanding Swingline Loans (after giving effect to any amount requested) shall not exceed the Swingline Commitment. Notwithstanding any provision herein to the contrary, the Swingline Lender, in its sole discretion may agree in writing with the BorrowerLenders; provided that the Swingline Facility may be used to automatically draw and repay Swingline Loans (subject to the limitations set forth herein) pursuant to cash management arrangements between the Borrower and the Swingline Lender (the “Sweep Arrangement”); provided however, that on and after the Closing Date, such Sweep Arrangement shall not be availablerequired to themake a Swingline Loan to refinance an outstanding Swingline Loan. The Borrower until such time as the Swingline Lender agrees in writing. If applicable, principalshall be entitled to borrow, repay and interest onreborrow Swingline Loans deemed requested pursuant to the Sweep Arrangement shall be paid pursuant toin accordance with the terms and conditions agreed to between the Borrower and the Swingline Lender (without any deduction, setoff or counterclaim whatsoever). The borrowing and disbursement provisions set forth in [Section 2.3] and any other provision hereof with respect to the timing or amount of payments on the Swingline Loans (other than [Section 2.4(a)]) shall not be applicable to Swingline Loans made and prepaid pursuant to the Sweep Arrangement. Unless sooner paid pursuant to the provisions hereof or the provisions of the Sweep Arrangement, the principal amount of the Swingline Loans shall be paid in full, together with accrued interest thereon, on the Revolving Credit Maturity Date.this Agreement.

Availability. Subject to the terms and conditions of this Agreement and the other Loan Documents, including, without limitation, Section 6.2(e) of this Agreement, and in reliance upon the representations and warranties set forth in this Agreement and the other Loan Documents,herein, the Swingline Lender may, in its sole discretion,may agree, but shall have no obligation, to make Swingline Loans in Dollars to the Borrower from time to time from the Closing Date to, but not including,during the Revolving Credit Maturity Date; provided,Facility Availability Period, in an aggregate principal amount at any time outstanding that # after giving effect to any amount requested, the Revolving Credit Outstandings shallwill not exceed the Revolving Credit Commitment andresult in # the aggregate principal amount of all outstanding Swingline Loans (after giving effect to any amount requested) shall not exceedexceeding the Swingline Commitment. Notwithstanding any provision herein to the contrary,Sublimit, # the Swingline Lender, inLender’s Revolving Facility Credit Exposure exceeding its sole discretion may agree in writing withRevolving Facility Commitment or # the BorrowerTotal Revolving Facility Credit Exposures exceeding the total Revolving Facility Commitments; provided that the Swingline Facility may be used to automatically draw and repay Swingline Loans (subject to the limitations set forth herein) pursuant to cash management arrangements between the Borrower and the Swingline Lender (the “Sweep Arrangement”); provided however, that on and after the Closing Date, such Sweep Arrangement shall not be availablerequired to make a Swingline Loan to refinance an outstanding Swingline Borrowing. Within the Borrower until such time as the Swingline Lender agrees in writing. If applicable, principalforegoing limits and interest on Swingline Loans deemed requested pursuant to the Sweep Arrangement shall be paid pursuantsubject to the terms and conditions agreed to betweenset forth herein, the Borrower may borrow, prepay and thereborrow Swingline Lender (without any deduction, setoff or counterclaim whatsoever). The borrowing and disbursement provisions set forth in [Section 2.3] and any other provision hereof with respect to the timing or amount of payments on the Swingline Loans (other than [Section 2.4(a)]) shall not be applicable to Swingline Loans made and prepaid pursuant to the Sweep Arrangement. Unless sooner paid pursuant to the provisions hereof or the provisions of the Sweep Arrangement, the principal amount of the Swingline Loans shall be paid in full, together with accrued interest thereon, on the Revolving Credit Maturity Date.Loans.

Availability. Subject to the terms and conditions of this Agreement and the other Loan Documents, including, without limitation, Section 6.2(e) of this Agreement, and in reliance upon the representations and warranties set forth in this Agreement and the other Loan Documents,herein, the Swingline Lender may, in its sole discretion,agrees to make # Swingline Loans in Dollars to the BorrowerBorrowers from time to time fromduring the Closing Date to, but not including, the Revolving Credit Maturity Date;Availability Period; provided, that #no such Swingline Loan will be permitted if, after giving effect to any amount requested, the Revolving Credit Outstandings shall not exceed the Revolving Credit Commitment andthereto, # the aggregate principal amount of all outstanding Swingline Loans (after giving effect to any amount requested) shall notwould exceed the Swingline Commitment. Notwithstanding any provision herein toCommitment; or # the contrary,Revolving Facility Credit Exposure would exceed the Swingline Lender, in its sole discretion may agree in writing with the BorrowerBorrowing Base; provided; that the Swingline Facility may be used to automatically draw and repay Swingline Loans (subject to the limitations set forth herein) pursuant to cash management arrangements between the Borrower and the Swingline Lender (the “Sweep Arrangement”); provided however, that on and after the Closing Date, such Sweep Arrangement shallwill not be availablerequired to make a Swingline Loan to refinance an outstanding Swingline Borrowing. Within the Borrower until such time as the Swingline Lender agrees in writing. If applicable, principalforegoing limits and interest on Swingline Loans deemed requested pursuant to the Sweep Arrangement shall be paid pursuantsubject to the terms and conditions agreed to between the Borrower and the Swingline Lender (without any deduction, setoff or counterclaim whatsoever). The borrowing and disbursement provisions set forth in [Section 2.3]herein, the Borrowers may borrow, prepay and any other provision hereof with respect to the timing or amount of payments on thereborrow Swingline Loans (other than [Section 2.4(a)]) shall not be applicable to Swingline Loans made and prepaid pursuant to the Sweep Arrangement. Unless sooner paid pursuant to the provisions hereof or the provisions of the Sweep Arrangement, the principal amount of the Swingline Loans shall be paid in full, together with accrued interest thereon, on the Revolving Credit Maturity Date.Loans.

Availability. Subject to the terms and conditions of this Agreement and the other Loan Documents, including, without limitation, Section 6.2(e) of this Agreement, andset forth herein (including [Section 2.22]), in reliance upon the representations and warrantiesagreements of the other Lenders set forth in this Agreement and the other Loan Documents,[Section 2.04], the Swingline Lender may, in its sole discretion,agrees to make Swingline Loans in Dollars to the BorrowerBorrowers from time to time from the Closing Date to, but not including,during the Revolving Credit Maturity Date; provided,Availability Period denominated in dollars in an aggregate principal amount at any time outstanding that # after giving effect to any amount requested, the Revolving Credit Outstandings shallwill not exceed the Revolving Credit Commitment andresult in # the aggregate principalRevolving Exposures exceeding the aggregate Revolving Commitments or # the aggregate amount of all outstanding Swingline Loans (after giving effect to any amount requested) shall not exceed theoutstanding exceeding Swingline Commitment. Notwithstanding any provision herein to the contrary, the Swingline Lender, in its sole discretion may agree in writing with the BorrowerSublimit; provided that the Swingline Facility may be used to automatically draw and repay Swingline Loans (subject to the limitations set forth herein) pursuant to cash management arrangements between the Borrower and the Swingline Lender (the “Sweep Arrangement”); provided however, that on and after the Closing Date, such Sweep Arrangement shall not be available to the Borrower until such time as the Swingline Lender agrees in writing. If applicable, principal and interest on Swingline Loans deemed requested pursuant to the Sweep Arrangement shall be paid pursuantrequired to make a Swingline Loan to refinance an outstanding Swingline Loan. Within the foregoing limits and subject to the terms and conditions agreed to between the Borrower and the Swingline Lender (without any deduction, setoff or counterclaim whatsoever). The borrowing and disbursement provisions set forth in [Section 2.3]herein, the Borrowers may borrow, prepay and any other provision hereof with respect to the timing or amount of payments on thereborrow Swingline Loans (other than [Section 2.4(a)]) shall not be applicable to Swingline Loans made and prepaid pursuant to the Sweep Arrangement. Unless sooner paid pursuant to the provisions hereof or the provisions of the Sweep Arrangement, the principal amount of the Swingline Loans shall be paid in full, together with accrued interest thereon, on the Revolving Credit Maturity Date.Loans.

Availability.The Swing Line. Subject to the terms and conditions of this Agreement andset forth herein, the other Loan Documents, including, without limitation, Section 6.2(e) of this Agreement, andSwing Line Lender agrees, in reliance upon the representations and warrantiesagreements of the other Lenders set forth in this Agreement and the other Loan Documents, the Swingline Lender may, in its sole discretion,[Section 2.04], to make Swingline Loansloans in Dollars (each such loan, a “Swing Line Loan”) to the BorrowerCompany from time to time fromon any Business Day during the Closing Date to, butAvailability Period in an aggregate amount not including,to exceed at any time outstanding the amount of the Swing Line Sublimit, notwithstanding the fact that such Swing Line Loans, when aggregated with the Applicable Revolving Credit Maturity Date; provided,Percentage of the Outstanding Amount of Revolving Credit Loans and L/C Obligations of the Lender acting as Swing Line Lender, may exceed the amount of such Lender’s Revolving Credit Commitment; provided that # after giving effect to any amount requested,Swing Line Loan, # the Total Revolving Credit Outstandings shall not exceed the Revolving Credit CommitmentFacility, and # the aggregate principal amountOutstanding Amount of the Revolving Credit Loans of any Revolving Credit Lender at such time, plus such Revolving Credit Lender’s Applicable Revolving Credit Percentage of the Outstanding Amount of all outstanding SwinglineL/C Obligations at such time, plus such Revolving Credit Lender’s Applicable Revolving Credit Percentage of the Outstanding Amount of all Swing Line Loans (after giving effect to any amount requested)at such time shall not exceed such Lender’s Revolving Credit Commitment; provided, further, that the Swingline Commitment. NotwithstandingCompany shall not use the proceeds of any provision hereinSwing Line Loan to refinance any outstanding Swing Line Loan. Within the foregoing limits, and subject to the contrary, the Swingline Lender, in its sole discretion may agree in writing with the Borrower that the Swingline Facility may be used to automatically draw and repay Swingline Loans (subject to the limitations set forth herein) pursuant to cash management arrangements between the Borrower and the Swingline Lender (the “Sweep Arrangement”); provided however, that on and after the Closing Date, such Sweep Arrangement shall not be available to the Borrower until such time as the Swingline Lender agrees in writing. If applicable, principal and interest on Swingline Loans deemed requested pursuant to the Sweep Arrangement shall be paid pursuant to theother terms and conditions agreed to betweenhereof, the BorrowerCompany may borrow under this [Section 2.04], prepay under [Section 2.05], and the Swingline Lender (without any deduction, setoff or counterclaim whatsoever). The borrowing and disbursement provisions set forth inreborrow under this [Section 2.3]04]. Each Swing Line Loan shall be a Base Rate Loan. Immediately upon the making of a Swing Line Loan, each Revolving Credit Lender shall be deemed to, and any other provision hereof with respecthereby irrevocably and unconditionally agrees to, purchase from the Swing Line Lender a risk participation in such Swing Line Loan in an amount equal to the timing orproduct of such Revolving Credit Lender’s Applicable Revolving Credit Percentage times the amount of payments on the Swingline Loans (other than [Section 2.4(a)]) shall not be applicable to Swingline Loans made and prepaid pursuant to the Sweep Arrangement. Unless sooner paid pursuant to the provisions hereof or the provisions of the Sweep Arrangement, the principal amount of the Swingline Loans shall be paid in full, together with accrued interest thereon, on the Revolving Credit Maturity Date.such Swing Line Loan.

Availability. Subject to the terms and conditions of this Agreement and the other Loan Documents, including, without limitation, Section 6.2(e) of this Agreement, and in reliance upon the representations and warranties set forth in this Agreement andherein, from time to time during the other Loan Documents, theAvailability Period, each Swingline Lender may, in its sole discretion,severally agrees to make Swingline Loans in Dollars to the Borrower fromin an aggregate principal amount at any time to time from the Closing Date to, butoutstanding that will not including, the Revolving Credit Maturity Date; provided, that # after giving effect to any amount requested, the Revolving Credit Outstandings shall not exceed the Revolving Credit Commitment andresult in # the aggregate principal amount of all outstanding Swingline Loans (after giving effect to any amount requested) shall not exceed the Swingline Commitment. Notwithstanding any provision herein to the contrary, the Swingline Lender, in its sole discretion may agree in writing with the Borrower that the Swingline Facility may be used to automatically draw and repay Swingline Loans (subject to the limitations set forth herein) pursuant to cash management arrangements between the Borrower and themade by such Swingline Lender (the “Sweep Arrangement”); provided however,exceeding such Swingline Lender’s Swingline Commitment or # such Swingline Lender’s Credit Exposure exceeding its Commitment; provided, that on and after the Closing Date, such Sweep Arrangementa Swingline Lender shall not be availablerequired to make a Swingline Loan to refinance an outstanding Swingline Loan. Within the Borrower until such time as the Swingline Lender agrees in writing. If applicable, principalforegoing limits and interest on Swingline Loans deemed requested pursuant to the Sweep Arrangement shall be paid pursuantsubject to the terms and conditions agreed to betweenset forth herein, the Borrower may borrow, prepay and thereborrow Swingline Lender (without any deduction, setoff or counterclaim whatsoever). The borrowing and disbursement provisions set forth in [Section 2.3] and any other provision hereof with respect to the timing or amount of payments on the Swingline Loans (other than [Section 2.4(a)]) shall not be applicable to Swingline Loans made and prepaid pursuant to the Sweep Arrangement. Unless sooner paid pursuant to the provisions hereof or the provisions of the Sweep Arrangement, the principal amount of the Swingline Loans shall be paid in full, together with accrued interest thereon, on the Revolving Credit Maturity Date.Loans.

Load more...
Select clause to view document information.

Draft better contracts
faster with AllDrafts

AllDrafts is a cloud-based editor designed specifically for contracts. With automatic formatting, a massive clause library, smart redaction, and insanely easy templates, it’s a welcome change from Word.

And AllDrafts generates clean Word and PDF files from any draft.