LoanAgreement.docx

1、LoanAgreementThis Loan Agreement is entered into as of _,_,_(M,D,Y) (this Loan Agreement) between AAA, Inc., a _(PLACENAME) corporation (herein called Borrower), and BBB Bank (herein called Bank).1. COMMITMENTS.A. REVOLVING LOAN COMMITMENT. Subject to all the terms and conditions of this Loan Agreem

2、ent and prior to the termination of its commitment as hereinafter provided, Bank hereby agrees to make loans (each a Revolving Loan) to Borrower, from time to time and in such amounts as Borrower shall request pursuant to this Section 1.A., up to an aggregate principal amount outstanding under the R

3、evolving Loan Account (as hereinafter defined) not to exceed the least of: (a) $,_ plus eighty percent (80.0%) of Eligible Accounts (as the same may be adjusted from time to time as provided for under Section 9.B. hereof, the Borrowing Base) or (b) $,_ (the Revolving Loan Commitment), as the same ma

4、y be adjusted in accordance with Sections 1.A.(2) or 1.A.(3) hereof. If at any time or for any reason, the outstanding principal amount of the Revolving Loan Account is greater than the least of, (x) the Borrowing Base or (y) the Revolving Loan Commitment, Borrower shall immediately pay to Bank upon

5、 demand, in cash, the amount of such excess. Any commitment of Bank, pursuant to the terms of this Loan Agreement, to make Revolving Loans shall expire on the Revolving Loan Maturity Date (as hereinafter defined), subject to Banks right to renew said commitment in its sole and absolute discretion at

6、 Borrowers request. Any such renewal of said commitment shall not be binding upon Bank unless it is in writing and signed by an officer of Bank. Provided that no Event of Default (as hereinafter defined) has occurred and is continuing, all or any portion of the Revolving Loans advanced by Bank which

7、 are repaid by Borrower shall be available for reborrowing in accordance with the terms hereof. Borrower promises to pay to Bank the entire outstanding unpaid principal balance (and all accrued unpaid interest thereon) of the Revolving Loan Account on or before _,_,_(M,D,Y) (Revolving Loan Maturity

8、Date).(1) REVOLVING LOANS. The amount of each Revolving Loan made by Bank to Borrower hereunder shall be debited to the loan ledger account of Borrower maintained by Bank for the Revolving Loan Commitment (herein called the Revolving Loan Account) and Bank shall credit the Revolving Loan Account wit

9、h all loan repayments in respect thereof made by Borrower. When Borrower desires to obtain a Revolving Loan, Borrower shall notify Bank (which notice shall be signed by an officer of Borrower and shall be irrevocable) in accordance with Section 2 hereof, to be received no later than 3:00 p.m. Pacifi

10、c time one (1) Banking Day (as hereinafter defined) before the day on which the Revolving Loan is to be made. Revolving Loans may only be used for working capital purposes and for the issuance of letters of credit and corporate credit cards as further described below.(A) LETTER OF CREDIT USAGE AND S

11、UBLIMIT. Subject to the availability of the Revolving Loan Commitment and in reliance on the representations and warranties of Borrower set forth herein, at any time and from time to time from the date hereof through the Banking Day immediately prior to the Revolving Loan Maturity Date, Bank shall i

12、ssue for the account of Borrower such standby and commercial letters of credit (Letters of Credit) as Borrower may request, which request shall be made by delivering to Bank a duly executed letter of credit application on Banks standard form; provided, however, that the outstanding and undrawn amoun

13、ts under all such Letters of Credit (i) shall not at any time exceed $,_ and (ii) shall be deemed to constitute Revolving Loans for the purpose of calculating availability under the Revolving Loan Commitment. Unless Borrower shall have deposited with Bank cash collateral in an amount sufficient to c

14、over all undrawn amounts under each such Letter of Credit, no Letter of Credit shall have an expiration date that is later than the Revolving Loan Maturity Date. All Letters of Credit shall be in form and substance acceptable to Bank in its sole discretion and shall be subject to the terms and condi

15、tions of Banks form application and letter of credit agreement. Borrower will pay any standard issuance and other fees that Bank notifies Borrower will be charged for issuing and processing Letters of Credit for Borrower.(B) CORPORATE CREDIT CARD USAGE AND SUBLIMIT. Subject to the availability of th

16、e Revolving Loan Commitment and in reliance on the representations and warranties of Borrower set forth herein, at any time and from time to time from the date hereof through the Banking Day immediately prior to the Revolving Loan Maturity Date, Bank shall make advances (Credit Card Advances) under the Revolving Loan Commitment in accordance with the terms and conditions of that ce