Common use of Additional Loan Clause in Contracts

Additional Loan. Prior to the Maturity Date and upon at least 30 days' prior written notice to the Administrative Agent, the Borrower shall have the right, subject to the terms and conditions set forth below, to borrow one additional term loan (the "Additional Loan"); provided that (i) no Default or Event of Default shall exist either at the time of the request or the making of the Additional Loan (or will result from the making of the Additional Loan), (ii) the Additional Loan shall be in a minimum amount of $10,000,000 (and in integral multiples of $1,000,000 in excess thereof), (iii) the Additional Loan may only be made subsequent to the date that is thirty (30) days after the Funding Date, (iv) the Additional Loan shall be in a maximum amount of the difference between $650,000,000 and the outstanding principal amount of the Term Loans at the time of the making of the Additional Loan, (v) the Additional Loan may, at the option of the Borrower, be made by (A) one or more existing Lenders; provided that no Lender shall be required to make all or any portion of the Additional Loan without its prior written consent (such consent to be given in each Lender's sole discretion) and/or (B) one or more institutions that are not existing Lenders; provided that any such institution (x) shall qualify as an Eligible Assignee and (y) shall become a Lender under this Credit Agreement by execution and delivery of an appropriate joinder agreement in a manner acceptable to the Administrative Agent and the Borrower, (vi) the conditions precedent set forth in Section 5.2 shall have been satisfied, (vii) the Borrower shall inform the Administrative Agent of the funding date (which date shall be a Business Day) of the Additional Loan, (viii) the Borrower shall execute and deliver such Additional Loan Notes as appropriate, (ix) the Borrower shall deliver such certificates, opinions and other documentation as reasonably requested by the Administrative Agent and (x) Schedule 1.1(a) to the Credit Agreement shall be amended to reflect the Additional Loan and the Lenders making the Additional Loan.

Additional Loan. Prior The Borrower may, upon written request to the Maturity Date and upon at least 30 days' prior written notice to the Administrative Agent, elect to request on a single occasion, within the Borrower 12 (twelve) months following the execution date of this Agreement (“Increase Term”), the granting of an additional loan (“Additional Loan”), up to a principal amount of USD$18,613,000.00 (eighteen million six hundred thirteen thousand and 00/100 Dollars). Upon receipt of the application for Additional Loan, the Agent shall offer it, (i) in the first instance, to each of the Creditors (and each of the Creditors will have the right, subject but not the obligation, to increase their respective Commitments, on a pro rata basis to the terms and conditions set forth below, to borrow one additional term loan (the "Additional Loan"); provided that (i) no Default or Event of Default shall exist either at the time amount of the request or Loan they have at that time, by the making of the Additional Loan (or will result from the making total amount of the Additional Loan), ; (ii) in the Additional Loan second instance, with respect to those amounts that have not been subscribed by the Creditors in the first instance, the Agent shall be in a minimum amount offer it to each of $10,000,000 (and in integral multiples of $1,000,000 in excess thereof)the Creditors that have decided to increase their respective Commitments pursuant to the foregoing, (iii) in the third instance, with respect to those amounts that have not been subscribed by the Creditors in the first and second instance, to certain financial institutions acceptable to the Agent (“Additional Creditors”). The Borrower acknowledges and agrees that the Creditors will have no obligation to the Borrower to extend any Additional Loan and that the Agent shall use only its best efforts to offer such Additional Loan among the Creditors and/or the Additional Loan may only be made subsequent Creditors, as applicable, without the Agent being bound in any way to obtain funds for the date that is thirty (30) days after the Funding Date, (iv) the Additional Loan shall be in a maximum amount of the difference between $650,000,000 and the outstanding principal amount of the Term Loans at the time of the making granting of the Additional Loan. The Additional Loan, (v) if any, shall be borrowed by the Additional Loan mayBorrower within the Borrowing Window, at the option of the Borrower, be made by (A) in one or more existing Lenders; installments, in accordance with the Construction Programme and the Borrowing and Investment Schedule, provided that no Lender shall be required to make all or any portion of the Additional Loan without its prior written consent (such consent to be given in each Lender's sole discretion) and/or (B) one or more institutions that are not existing Lenders; provided that any such institution (x) shall qualify as an Eligible Assignee and (y) shall become a Lender under this Credit Agreement by execution and delivery of an appropriate joinder agreement in a manner acceptable to the Administrative Agent and the Borrower, (vi) the conditions precedent requirements set forth in Section 5.2 shall have been satisfiedClause Three, (vii) the Borrower shall inform the Administrative Agent of the funding date (which date shall will be a Business Day) of referred to the Additional Loan, (viii) to the Borrower shall execute extent applicable, have been met in form and deliver such Additional Loan Notes as appropriate, (ix) substance acceptable to the Borrower shall deliver such certificates, opinions and other documentation as reasonably requested by the Administrative Agent and (x) Schedule 1.1(a) the Creditors on or prior to each proposed Borrowing Date. Additionally, the Credit Agreement shall Loan Documents must be amended to reflect the Additional Loan in full force and the Lenders making the Additional Loaneffect.

Additional Loan. Prior Borrowers may at any time request in writing that Lenders increase the aggregate amount of the Commitments to the Maturity Date and upon at least 30 days$150,000,000. Lenders' prior written notice to the Administrative Agent, the Borrower shall have the right, subject to the terms and conditions set forth below, to borrow one additional term loan (the "Additional Loan"); provided that (i) no Default or Event of Default shall exist either at the time of the request or the making of the Additional Loan (or will result from the making of the Additional Loan), (ii) the Additional Loan shall be in a minimum amount of $10,000,000 (and in integral multiples of $1,000,000 in excess thereof), (iii) the Additional Loan may only be made subsequent to the date that is thirty (30) days after the Funding Date, Administrative Agent's receipt of such request to respond in writing to the Borrowers either accepting or rejecting such request. A failure by the Lenders to respond within such thirty (iv30) the Additional Loan day period shall be in deemed to be a maximum rejection of the Borrowers' request to increase the amount of the difference between $650,000,000 and Commitments. If the outstanding principal Lenders agree to increase the aggregate amount of the Term Loans Commitments to $150,000,000 the Borrowers and Lenders shall promptly thereafter enter into an amendment of the Credit Agreement in the form of prior amendments which amendment shall include such provisions as are necessary to effect the increase in the aggregate amount of the Commitments. If the Lenders reject the request to increase the amount of the Commitments, the Lenders hereby agree to amend Section 9.1 of the Credit Agreement to permit a loan from a third party to the Borrowers in the amount of $20,000,000 subject, however, to the following conditions: (a) such loan shall be unsecured, (b) at the time of the making of the Additional Loan, (v) the Additional Loan may, at the option of the Borrower, be made by (A) one or more existing Lenders; provided that no Lender shall be required to make all or any portion of the Additional Loan without its prior written consent (such consent to be given in each Lender's sole discretion) and/or (B) one or more institutions that are not existing Lenders; provided that any such institution (x) shall qualify as an Eligible Assignee and (y) shall become a Lender under this Credit Agreement by execution and delivery of an appropriate joinder agreement in a manner acceptable to the Administrative Agent and receives the Borrowerrequest from the Borrowers to increase the Commitments, (vi) the conditions precedent set forth in Section 5.2 shall have been satisfied, (vii) the Borrower shall inform the Administrative Agent of the funding date (which date shall be a Business Day) of the Additional Loan, (viii) the Borrower shall execute and deliver such Additional Loan Notes as appropriate, (ix) the Borrower shall deliver such certificates, opinions and other documentation as reasonably requested by the Administrative Agent and (x) Schedule 1.1(a) to Borrowings under the Credit Agreement shall be amended together with the amount of Borrowers' request to reflect increase the Additional Loan Commitments equals or exceeds the aggregate amount of the Commitments, and (c) no Event of Default, as defined in Article 11 of the Lenders making Credit Agreement, nor any event which, upon notice, lapse of time or both, would constitute an Event of Default under the Additional LoanCredit Agreement, has occurred and is continuing as of the effective date of the documents evidencing such loan.

Additional Loan. Prior to the Maturity Date and upon at least 30 days' prior written notice to the Administrative AgentFacility Termination Date, the Borrower shall have the right, subject to the terms and conditions set forth below, to borrow one additional term loan (the "Additional Loan")) from one or more existing Lenders (provided that no Lender shall be required to make all or any portion of the Additional Loan without its prior written consent, which consent is to be given in each Lender's sole discretion) and/or one or more institutions that are not existing Lenders but are approved by the Agent and the Borrower; provided that (ia) no Unmatured Default or Event of Default shall exist either at the time of the request or the making of the Additional Loan (or will result from the making of the Additional Loan), (iib) the Additional Loan shall be in a minimum amount of $10,000,000 (and in integral multiples of $1,000,000 in excess thereof), (iiic) the Additional Loan may only be made subsequent to the date that is thirty ninety (3090) days after the Funding DateEffective Date and shall neither mature earlier than six (6) months after the Facility Termination Date nor have, with respect to the amortization schedule, an "average life" shorter than the remaining amortization schedule of the Term Loans, (ivd) the Additional Loan shall be in a maximum amount of the difference between $650,000,000 250,000,000 and the outstanding principal amount of the Term Loans at the time of the making of the Additional Loan, Loan and (ve) this Agreement and any other Loan Document will be amended to incorporate the Additional Loan mayand reflect that, at among other things, the option of the Borrower, be made by (A) one or more existing Lenders; provided that no Lender Additional Loan shall constitute Obligations and shall be required to make all or any portion pari passu with the Terms Loans and such amendment shall reflect the pricing, maturity and amortization of the Additional Loan without its prior written consent (and such consent other terms concerning the Additional Loan as required by the Agent and the Lenders who agree to be given in each Lender's sole discretion) and/or (B) one or more institutions that are not existing Lendersmake the Additional Loan; provided that any such institution (x) shall qualify as an Eligible Assignee and (y) shall become a Lender under this Credit Agreement by execution and delivery if the terms of an appropriate joinder agreement in a manner acceptable the Additional Loan are not similar to the Administrative terms of the Revolving Loans and Term Loans, the Borrower agrees, at the request of the Agent and the BorrowerRequired Lenders, (vi) the conditions precedent set forth in Section 5.2 shall have been satisfied, (vii) the Borrower shall inform the Administrative Agent of the funding date (which date shall be a Business Day) of the Additional Loan, (viii) the Borrower shall execute and deliver such Additional Loan Notes as appropriate, (ix) the Borrower shall deliver such certificates, opinions to further amend this Agreement and other documentation as reasonably requested by the Administrative Agent and (x) Schedule 1.1(a) Loan Documents to the Credit Agreement shall be amended cause such terms applicable to reflect the Additional Loan as selected by the Agent and the Required Lenders making to become applicable to the Additional LoanRevolving Loans and Term Loans.

Additional Loan. Prior Notwithstanding anything to the Maturity Date and upon at least 30 days' prior written notice to the Administrative Agentcontrary, the Borrower shall have the right, subject --------------- Lender's commitment to the terms and conditions set forth below, to borrow one additional term loan (the "Additional Loan"); provided that (i) no Default or Event of Default shall exist either at the time of the request or the making of the Additional Loan (or will result from the making of the Additional Loan), (ii) the Additional Loan shall be in a minimum amount of $10,000,000 (and in integral multiples of $1,000,000 in excess thereof), (iii) the Additional Loan may only be made subsequent to the date that is thirty (30) days after the Funding Date, (iv) the Additional Loan shall be in a maximum amount of the difference between $650,000,000 and the outstanding principal amount of the Term Loans at the time of the making of make the Additional Loan, or any advance thereunder, shall commence no sooner than May 1, 2001 and shall expire and be on no further force and effect on November 15, 2001 (v) the "Termination Date"). Borrower acknowledges and agrees that it shall bear the sole risk and responsibility to satisfy any and all conditions precedent set forth in this Section 2.1 as to the Additional Loan mayand that upon the Termination Date, at the option of the Borrower, be made by (A) one or more existing Lenders; provided that no Lender shall be required have no further obligation to make all or any portion of fund the Additional Loan including, without its prior written consent (such consent to be given limitation, any Additional Loan that has been requested by Borrower in each Lender's sole discretion) and/or (B) one or more institutions that are not existing Lenders; provided that any such institution (x) shall qualify as an Eligible Assignee and (y) shall become a Lender under accordance with this Credit Agreement by execution and delivery Section 2.1 but for which all of an appropriate joinder agreement in a manner acceptable to the Administrative Agent and the Borrower, (vi) the conditions precedent set forth in this Section 5.2 shall 2.1 have not been satisfied, (vii) the Borrower shall inform the Administrative Agent of the funding date (which date satisfied in full. The Additional Loan shall be subject to a Business Day) review and determination by the Lender that for the twelve-month period immediately preceding the requested advance that Borrower, on a consolidated basis, has maintained an FCCR of greater than or equal to 1.20:1.00 both with respect to all business conducted by Borrower and a Total Debt to EBITDA of not more than 3.50:1.00 with respect to all business conducted by Borrower on a consolidated basis. Borrower acknowledges and agrees that the availability of the Additional LoanLoans and the financial terms and conditions of said Additional Loans are and shall be subject to a review and reassessment by Lender, (viii) of the credit quality of the Borrower shall execute and deliver such Additional Loan Notes as appropriate, (ix) the Borrower shall deliver such certificates, opinions and other documentation of said period in order for Lender to make a determination as reasonably requested by the Administrative Agent and (x) Schedule 1.1(a) to the Credit Agreement shall be amended whether Borrower's financial condition as of said date continues to reflect the Additional Loan and the Lenders making qualify for the Additional Loan. Should the financial condition of Borrower change in any material negative or adverse respect as determined by Lender, Lender shall have no obligation to make an Additional Loan.