Group banks serve businesses and shoppers throughout the nation. Borrowers may prepay Revolving Loans at any time, and reborrow topic to the phrases of this Agreement; provided, however, that with respect to any LIBOR Revolving Loans pay as you go by Debtors prior to the expiration date of the Curiosity Period applicable thereto, Borrowers comply with pay to Agent for the account of Lenders the amounts described in Paragraph 2.14. In addition, and with out limiting the generality of the foregoing, Debtors shall pay to Agent, for the account of Lenders, the amount, without duplication, by which the sum of excellent Revolving Loans and the aggregate amount of Pending Revolving Loans exceeds the Availability with any such amount to be payable immediately without discover or demand.

Till such time as such an modification shall have been executed and delivered by the Borrowers, the Agent, and the applicable Lenders, (A) all monetary covenants, requirements, and phrases in this Agreement shall continue to be calculated or construed as if such Accounting Change had not occurred and (B) the Debtors shall provide to the Agent and the applicable Lenders financial statements and different documents required underneath this Agreement or as fairly requested hereunder setting forth a reconciliation between calculations of such monetary covenant, normal, or time period made before, and after giving impact to, such Accounting Change.

The Letter of Credit Issuer is not going to trigger to be opened any Letter of Credit if: (i) the maximum face quantity of the requested Letter of Credit score would exceed the Unused Letter of Credit Subfacility at such time; (ii) the maximum face quantity of the requested Letter of Credit score, and all commissions, fees, and charges due from Borrowers to Letter of Credit score Issuer in reference to the opening thereof, would cause the Borrowers’ remaining Excess Availability to be lower than zero at such time or would exceed the Whole Credit Facility at such time; or (iii) the expiration date of the Letter of Credit would exceed the Maturity Date or be greater than twelve (12) months from the date of issuance.

Till a Defaulting Lender cures its failure to fund its Pro Rata Share of any Borrowing (A) such Defaulting Lender shall not be entitled to any portion of the Unused Line Charge or the Letter of Credit Charge, and (B) the Unused Line Fee and Letter of Credit Payment shall accrue in favor of the Lenders which have funded their respective Pro Rata Shares of such requested Borrowing and shall be allotted among such performing Lenders ratably primarily based upon their relative Commitments.

I bought a brand new mortgage from Regional Finance in Grand Prairie TX location. Agent shall imply Bank of America, N.A., solely in its capacity as agent for the Lenders, and any successor agent. I had my receipts and canceled checks where I had made my payments, so they may very well be corrected. Upon the request of any Lender, Agent shall furnish to such Lender copies of any Letter of Credit score, reimbursement agreements executed in connection therewith, functions for any Letter of Credit, and such different documentation as might fairly be requested by such Lender.