1Loan Commitment Clause Samples

1Loan Commitment. (a) Subject to the terms and conditions hereof, Lender agrees to make a term loan to Borrower and Co-Borrower on the Closing Date, requested by Borrower and Co-Borrower pursuant to Section 2.2 in an aggregate principal amount equal to $215,000,000.00 (the “Loan”). (b) Once borrowed or repaid, the Loan, or any portion thereof, may not be reborrowed, and the Commitment, once terminated or reduced, may not be reinstated. Lender’s Commitment shall automatically and without notice be reduced to $0 immediately after the funding of the Loan. (c) The Loan shall amortize as set forth in Section 2.4. (d) The Borrower and Co-Borrower shall have equal access to the Loan proceeds and each is jointly and severally liable for all of the Obligations, as principal and surety.

1Loan Commitment. Subject to and upon the terms and conditions set forth herein and in reliance upon the representations, warranties, and covenants of Borrower contained herein or made pursuant hereto, U.S. Bank will make Fundings to Borrower from time to time during the period ending on September 30, 2004, but such Fundings shall not exceed, in the FIRST AMENDMENT TO CREDIT AGREEMENT PAGE 3 [ 12187-2203 / SB041880.026 ] 07/06/04 aggregate principal amount at any one time outstanding, the Commitment Amount (the “Loan”). Borrower may borrow, repay and reborrow hereunder either the full amount of the Loan or any lesser sum.

1Loan Commitment