Common use of Availability Clause in Contracts

Availability. Subject to the terms and conditions of this Agreement, each Swingline Lender agrees to make Swingline Loans to any Borrower from time to time from the Closing Date through, but not including, the Swingline Termination Date; provided, that (i) all Swingline Loans shall be denominated in Dollars or Pounds Sterling, (ii) the aggregate principal amount of all outstanding Swingline Loans (after giving effect to any amount requested and the use thereof) shall not exceed the lesser of (A) the Aggregate Revolving Commitment less the sum of all outstanding Revolving Credit Loans, Japanese Yen Loans and the L/C Obligations and (B) the aggregate Swingline Commitments of all Swingline Lenders and (iii) the aggregate principal amount of all outstanding Swingline Loans (after giving effect to any amount requested and the use thereof) of any Swingline Lender shall not exceed the lesser of (A) the Swingline Commitment of such Swingline Lender then in effect and (B) the Revolving Credit Commitment of such Revolving Credit Lender acting as Swingline Lender less such Revolving Credit Lender’s Revolving Credit Loans, L/C Obligations and Revolving Commitment Percentage of all outstanding Japanese Yen Loans and Swingline Loans (other than Swingline Loans made by such Swingline Lender).

Availability. Subject to On the terms and subject to the conditions of contained in this Agreement, each the Swingline Lender agrees may, in its sole discretion, make loans in Dollars (each a “Swing Loan”) available to make Swingline Loans to any the Borrower under the Revolving Credit Facility from time to time on any Business Day during the period from the Closing date hereof until the Revolving Credit Termination Date throughin an aggregate principal amount at any time outstanding not to exceed its Swingline Commitment; provided, but however, that the Swingline Lender may not includingmake any Swing Loan (x) to the extent that after giving effect to such Swing Loan, the aggregate Revolving Credit Outstandings would exceed the Revolving Credit Commitments and (y) in the period commencing on the first Business Day after it receives notice from the Administrative Agent or the Required Revolving Credit Lenders that one or more of the conditions precedent contained in Section 3.2 are not satisfied and ending when such conditions are satisfied or duly waived. In connection with the making of any Swing Loan, the Swingline Termination Date; providedLender may but shall not be required to determine that, that or take notice whether, the conditions precedent set forth in Section 3.2 have been satisfied or waived. Each Swing Loan shall be a Base Rate Loan and must be repaid in full on the earlier of (i) all Swingline the funding date of any Borrowing of Revolving Loans shall be denominated in Dollars or Pounds Sterling, and (ii) the aggregate principal amount of all outstanding Swingline Loans (after giving effect to any amount requested and the use thereof) shall not exceed the lesser of (A) the Aggregate Revolving Commitment less the sum of all outstanding Revolving Credit LoansTermination Date. Within the limits set forth in the first sentence of this clause (a), Japanese Yen amounts of Swing Loans and the L/C Obligations and repaid may be reborrowed under this clause (B) the aggregate Swingline Commitments of all Swingline Lenders and (iii) the aggregate principal amount of all outstanding Swingline Loans (after giving effect to any amount requested and the use thereof) of any Swingline Lender shall not exceed the lesser of (A) the Swingline Commitment of such Swingline Lender then in effect and (B) the Revolving Credit Commitment of such Revolving Credit Lender acting as Swingline Lender less such Revolving Credit Lender’s Revolving Credit Loans, L/C Obligations and Revolving Commitment Percentage of all outstanding Japanese Yen Loans and Swingline Loans (other than Swingline Loans made by such Swingline Lendera).

Availability. Subject to the terms and conditions of this AgreementAgreement and in reliance upon the representations and warranties of the Credit Parties contained herein, each the Swingline Lender agrees may, in its sole discretion, make Loans (each a “Swing Loan”) available to make Swingline Loans to any the Borrower under the Revolving Loan Commitments from time to time on any Business Day during the period from the Closing Date through, but through the Final Availability Date in an aggregate principal amount at any time outstanding not including, the to exceed its Swingline Termination DateCommitment; provided, however, that the Swingline Lender may not make any Swing Loan (ix) all Swingline Loans shall be denominated in Dollars or Pounds Sterlingto the extent that after giving effect to such Swing Loan, (ii) the aggregate principal amount of all outstanding Revolving Loans would exceed the Maximum Revolving Loan Balance and (y) during the period commencing on the first Business Day after it receives notice from Agent or the Required Revolving Lenders that one or more of the conditions precedent contained in Section 2.2 are not satisfied and ending when such conditions are satisfied or duly waived. In connection with the making of any Swing Loan, the Swingline Loans (after giving effect to any amount requested and the use thereof) Lender may but shall not exceed be required to determine that, or take notice whether, the lesser of (A) the Aggregate Revolving Commitment less the sum of all outstanding Revolving Credit Loansconditions precedent set forth in Section 2.2 have been satisfied or waived. Each Swing Loan shall be a Base Rate Loan and must be repaid as provided herein, Japanese Yen Loans and the L/C Obligations and (B) the aggregate Swingline Commitments of all Swingline Lenders and (iii) the aggregate principal amount of all outstanding Swingline Loans (after giving effect to but in any amount requested and the use thereof) of any Swingline Lender shall not exceed the lesser of (A) the Swingline Commitment of such Swingline Lender then event must be repaid in effect and (B) full on the Revolving Credit Commitment Termination Date. Within the limits set forth in the first sentence of such Revolving Credit Lender acting as Swingline Lender less such Revolving Credit Lender’s Revolving Credit Loansthis clause (i), L/C Obligations and Revolving Commitment Percentage amounts of all outstanding Japanese Yen Swing Loans and Swingline Loans repaid may be reborrowed under this clause (other than Swingline Loans made by such Swingline Lenderi).

Availability. (i) Subject to the terms and conditions of this Agreement, each and in reliance upon the representations and warranties set forth herein, the Swingline Lender agrees to make Swingline Loans to any the Borrower from time to time from the Closing Date through, but not including, the Swingline Termination Date, as requested by the Borrower in accordance with the terms of Section 2.03(a)(ii); provided, that (i) all Swingline Loans shall be denominated in Dollars or Pounds Sterling, (ii) the aggregate principal amount of all outstanding Swingline Loans Extensions of Credit (after giving effect to any amount requested and the use application of the proceeds thereof) shall not exceed the lesser Commitments of (A) the Aggregate Revolving Commitment less the sum of all outstanding Revolving Credit Loans, Japanese Yen Loans and the L/C Obligations Lenders; and (Bii) the aggregate Swingline Commitments principal amount of all Swingline Lenders and (iii) Loans then outstanding shall not exceed the Swingline Commitment. Each Lender acknowledges that the aggregate principal amount of all outstanding Swingline Loans (after giving effect to any made by the Swingline Lender, when taken together with the aggregate principal amount requested of all outstanding Revolving Loans made by the Swingline Lender, may exceed the Swingline Lender’s Commitment. Upon and during the continuance of a Default or an Event of Default, the Borrower shall no longer have the option of requesting Swingline Loans and the use thereof) of any Swingline Lender shall not exceed be obligated to make Swingline Loans. No more than one (1) Swingline Loan may be made on the lesser of (A) the Swingline Commitment of such Swingline Lender then in effect and (B) the Revolving Credit Commitment of such Revolving Credit Lender acting as Swingline Lender less such Revolving Credit Lender’s Revolving Credit Loans, L/C Obligations and Revolving Commitment Percentage of all outstanding Japanese Yen Loans and Swingline Loans (other than Swingline Loans made by such Swingline Lender)same Business Day.

Availability. Subject to On the terms and subject to the conditions of contained in this Agreement, each the Swingline Lender agrees may, in its sole discretion, make loans in Dollars (each a “Swing Loan”) available to make Swingline Loans to any the Borrower under the Revolving Credit Facility from time to time on any Business Day during the period from the Closing date hereof until the Revolving Credit Termination Date throughin an aggregate principal amount at any time outstanding not to exceed its Swingline Commitment; provided, but however, that the Swingline Lender may not includingmake any Swing Loan (x) to the extent that after giving effect to such Swing Loan, the aggregate Revolving Credit Outstandings would exceed the Revolving Credit Commitments and (y) in the period commencing on the first Business Day after it receives notice from the Administrative Agent or the Required Revolving Credit Lenders that one or more of the conditions precedent contained in Section 3.2 are not satisfied and ending when such conditions are satisfied or duly waived. In connection with the making of any Swing Loan, the Swingline Termination Date; providedLender may but shall not be required to determine that, that or take notice whether, the conditions precedent set forth in Section 3.2 have been satisfied or waived. Each Swing Loan shall be a Base Rate Loan and must be repaid in full on the earliest of (i) all Swingline the funding date of any Borrowing of Revolving Loans shall be denominated in Dollars or Pounds Sterling, and (ii) the aggregate principal amount of all outstanding Swingline Loans (after giving effect to any amount requested and the use thereof) shall not exceed the lesser of (A) the Aggregate Revolving Commitment less the sum of all outstanding Revolving Credit LoansTermination Date. Within the limits set forth in the first sentence of this clause (a), Japanese Yen amounts of Swing Loans and the L/C Obligations and repaid may be reborrowed under this clause (B) the aggregate Swingline Commitments of all Swingline Lenders and (iii) the aggregate principal amount of all outstanding Swingline Loans (after giving effect to any amount requested and the use thereof) of any Swingline Lender shall not exceed the lesser of (A) the Swingline Commitment of such Swingline Lender then in effect and (B) the Revolving Credit Commitment of such Revolving Credit Lender acting as Swingline Lender less such Revolving Credit Lender’s Revolving Credit Loans, L/C Obligations and Revolving Commitment Percentage of all outstanding Japanese Yen Loans and Swingline Loans (other than Swingline Loans made by such Swingline Lendera).

Availability. Subject to On the terms and subject to the conditions of contained in this Agreement, each the Swingline Lender agrees may, in its sole discretion, make loans in Dollars (each a “Swing Loan”) available to make Swingline Loans to any the Borrower under the Revolving Credit Facility from time to time on any Business Day during the period from the Closing date hereof until the Revolving Credit Termination Date throughin an aggregate principal amount at any time outstanding not to exceed its Swingline Commitment; provided, but however, that the Swingline Lender may not includingmake any Swing Loan (x) to the extent that after giving effect to such Swing Loan, the aggregate Revolving Credit Outstandings would exceed the Revolving Credit Commitments and (y) in the period commencing on the first Business Day after it receives notice from the Administrative Agent or the Required Lenders that one or more of the conditions precedent contained in Section 3.2 are not satisfied and ending when such conditions are satisfied or duly waived. In connection with the making of any Swing Loan, the Swingline Termination Date; providedLender may but shall not be required to determine that, that or take notice whether, the conditions precedent set forth in Section 3.2 have been satisfied or waived. Each Swing Loan shall be a Base Rate Loan and must be repaid in full on the earliest of (i) all Swingline the funding date of any Borrowing of Revolving Loans shall be denominated in Dollars or Pounds Sterling, and (ii) the aggregate principal amount of all outstanding Swingline Loans (after giving effect to any amount requested and the use thereof) shall not exceed the lesser of (A) the Aggregate Revolving Commitment less the sum of all outstanding Revolving Credit LoansTermination Date. Within the limits set forth in the first sentence of this clause (a), Japanese Yen amounts of Swing Loans and the L/C Obligations and repaid may be reborrowed under this clause (B) the aggregate Swingline Commitments of all Swingline Lenders and (iii) the aggregate principal amount of all outstanding Swingline Loans (after giving effect to any amount requested and the use thereof) of any Swingline Lender shall not exceed the lesser of (A) the Swingline Commitment of such Swingline Lender then in effect and (B) the Revolving Credit Commitment of such Revolving Credit Lender acting as Swingline Lender less such Revolving Credit Lender’s Revolving Credit Loans, L/C Obligations and Revolving Commitment Percentage of all outstanding Japanese Yen Loans and Swingline Loans (other than Swingline Loans made by such Swingline Lendera).

Availability. Subject to the terms and conditions of this Agreement, each the Swingline Lender agrees to make Swingline Loans to any the Borrower from time to time from the Closing Effective Date through, but not including, the Swingline Termination Date; provided, Date in an aggregate principal amount at any time outstanding that will not result in (i) all the sum of the total Swingline Loans shall be denominated in Dollars or Pounds SterlingExposures exceeding the Swingline Sublimit, (ii) the sum of the total Revolving Outstandings exceeding the total Commitments, (iii) any Lender’s Revolving Outstandings exceeding such Xxxxxx’s Commitment or (iv) in the case of the Swingline Lender (whether directly or through an Affiliate), the sum of such Xxxxxx’s Revolving Outstandings plus (without duplication) the outstanding principal amount of Swingline Loans made by the Swingline Lender exceeding such Swingline Lender’s Commitment; provided, that the Borrower shall not use the proceeds of any Swingline Loan to refinance any outstanding Swingline Loan. Each Swingline Loan shall be in an aggregate principal amount of all outstanding $2,000,000 or any larger integral multiple of $500,000 (except that any such Borrowing may be in the aggregate amount of the unused Swingline Loans (after giving effect to any amount requested Sublimit). Within the foregoing limits, the Borrower may borrow, repay and the use thereof) shall not exceed the lesser of (A) the Aggregate Revolving Commitment less the sum of all outstanding Revolving Credit reborrow Swingline Loans, Japanese Yen Loans and the L/C Obligations and in each case under this Section 2.02. Each Swingline Loan shall be a SOFR Market Index Rate Loan. (B) the aggregate Swingline Commitments of all Swingline Lenders and (iii) the aggregate principal amount of all outstanding Swingline Loans (after giving effect to any amount requested and the use thereof) of any Swingline Lender shall not exceed the lesser of (A) the Swingline Commitment of such Swingline Lender then in effect and (B) the Revolving Credit Commitment of such Revolving Credit Lender acting as Swingline Lender less such Revolving Credit Lender’s Revolving Credit Loans, L/C Obligations and Revolving Commitment Percentage of all outstanding Japanese Yen Loans and Swingline Loans (other than Swingline Loans made by such Swingline Lenderb).

Availability. Subject to the terms and conditions of this AgreementAgreement and in reliance upon the representations and warranties of the Credit Parties contained herein, each the Swingline Lender agrees may, in its sole discretion, make Loans (each a “Swing Loan”) available to make Swingline Loans to any the Borrower under the Revolving Loan Commitments from time to time on any Business Day during the period from the Closing Date through, but through the Final Availability Date in an aggregate principal amount at any time outstanding not including, the to exceed its Swingline Termination DateCommitment; provided, however, that the Swingline Lender may not make any Swing Loan (ix) all Swingline Loans shall be denominated in Dollars or Pounds Sterlingto the extent that after giving effect to such Swing Loan, (ii) the aggregate principal amount of all outstanding Revolving Loans would exceed the Maximum Revolving Loan Balance and (y) during the period commencing on the first Business Day after it receives notice from Agent, the Required Lenders or the Required Revolving Lenders that one or more of the conditions precedent contained in Section 2.2 are not satisfied and ending when such conditions are satisfied or duly waived. In connection with the making of any Swing Loan, the Swingline Loans (after giving effect to any amount requested and the use thereof) Lender may but shall not exceed be required to determine that, or take notice whether, the lesser of (A) the Aggregate Revolving Commitment less the sum of all outstanding Revolving Credit Loansconditions precedent set forth in Section 2.2 have been satisfied or waived. Each Swing Loan shall be a Base Rate Loan and must be repaid as provided herein, Japanese Yen Loans and the L/C Obligations and (B) the aggregate Swingline Commitments of all Swingline Lenders and (iii) the aggregate principal amount of all outstanding Swingline Loans (after giving effect to but in any amount requested and the use thereof) of any Swingline Lender shall not exceed the lesser of (A) the Swingline Commitment of such Swingline Lender then event must be repaid in effect and (B) full on the Revolving Credit Commitment Termination Date. Within the limits set forth in the first sentence of such Revolving Credit Lender acting as Swingline Lender less such Revolving Credit Lender’s Revolving Credit Loansthis clause (i), L/C Obligations and Revolving Commitment Percentage amounts of all outstanding Japanese Yen Swing Loans and Swingline Loans repaid may be reborrowed under this clause (other than Swingline Loans made by such Swingline Lenderi).

Availability. Subject to the terms and conditions of this AgreementAgreement and in reliance upon the representations and warranties of the Credit Parties contained herein, the Swing Lender shall make Loans (each Swingline Lender agrees a “Swing Loan”) available to make Swingline Loans to any the Borrower under the Revolving Loan Commitments from time to time on any Business Day during the period from the Closing Effective Date through, but through the Final Availability Date in an aggregate principal amount at any time outstanding not including, the to exceed its Swingline Termination DateCommitment; provided, however, that the Swing Lender may not make any Swing Loan (ix) all Swingline Loans shall be denominated in Dollars or Pounds Sterlingto the extent that after giving effect to such Swing Loan, (ii) the aggregate principal amount of all outstanding Swingline Revolving Loans would exceed the Maximum Revolving Loan Balance, (y) to the extent that after giving effect to any amount requested and the use thereof) shall not exceed the lesser of (A) the Aggregate Revolving Commitment less the sum of all outstanding Revolving Credit Loanssuch Swing Loan, Japanese Yen Loans and the L/C Obligations and (B) the aggregate Swingline Commitments of all Swingline Lenders and (iii) the aggregate principal amount of all outstanding Swingline Revolving Loans and Swing Loans held by the Swing Lender (after giving effect to any amount requested and if the use thereofSwing Lender is not also a Revolving Lender, by each of its Affiliates that is a Revolving Lender) of any Swingline Lender shall not would exceed the lesser of (A) the Swingline Revolving Loan Commitment of such Swingline Swing Lender then (and such Affiliates, if any) or (z) during the period commencing on the first Business Day after it receives notice from Agent or the Required Revolving Lenders that one or more of the conditions precedent contained in effect Section 3.2 are not satisfied and (B) ending when such conditions are satisfied or duly waived. In connection with the making of any Swing Loan, the Swing Lender may but shall not be required to determine that, or take notice whether, the conditions precedent set forth in Section 3.2 have been satisfied or waived. Each Swing Loan shall be a Base Rate Loan and must be repaid as provided herein, but in any event must be repaid in full on the Revolving Credit Commitment Termination Date. Within the limits set forth in the first sentence of such Revolving Credit Lender acting as Swingline Lender less such Revolving Credit Lender’s Revolving Credit Loansthis clause (i), L/C Obligations and Revolving Commitment Percentage amounts of all outstanding Japanese Yen Swing Loans and Swingline Loans repaid may be reborrowed under this clause (other than Swingline Loans made by such Swingline Lenderi).

Availability. Subject to the terms and conditions of this Agreement, each the Swingline Lender agrees to make Swingline Loans to any the Borrower from time to time from the Closing Funding Date through, but not including, the Swingline Termination Revolving Credit Maturity Date; provided, that (ia) after giving effect to any amount requested, the Revolving Credit Outstandings shall not exceed the Revolving Credit Commitment of all Swingline Loans shall be denominated in Dollars or Pounds Sterling, Revolving Credit Lenders and (iib) the aggregate principal amount of all outstanding Swingline Loans (after giving effect to any amount requested and the use thereof) requested), shall not exceed the lesser of (A) Swingline Commitment. Notwithstanding the Aggregate Revolving Commitment less proviso in the sum of all outstanding Revolving Credit Loanssentence above, Japanese Yen Loans and the L/C Obligations and (B) the aggregate Swingline Commitments of all Swingline Lenders and (iii) the aggregate principal amount of all outstanding Swingline Loans (after giving effect to any amount requested and the use thereof) of any Swingline Lender shall not exceed the lesser of (A) the Swingline Commitment of make such Swingline Lender then in effect and (B) Loans notwithstanding the fact that such Swingline Loans, when aggregated with the Revolving Credit Commitment Percentage of such the Revolving Credit Outstandings of the Lender acting as the Swingline Lender less Lender, may exceed such Revolving Credit Lender’s Revolving Credit LoansCommitment. Subject to the terms and conditions hereof, L/C Obligations the Borrower may borrow, repay and Revolving Commitment Percentage of all outstanding Japanese Yen Loans and reborrow Swingline Loans (other than Swingline Loans made by such Swingline Lender)hereunder through but not including the Revolving Credit Maturity Date.

Availability. Subject to the terms and conditions of this Agreement, each the Swingline Lender agrees to make Swingline Loans to any the Borrower from time to time from the Closing Effective Date through, but not including, the Swingline Termination Date; provided, Date in an aggregate principal amount at any time outstanding that will not result in (i) all the sum of the total Swingline Loans shall be denominated in Dollars or Pounds SterlingExposures exceeding the Swingline Sublimit, (ii) the sum of the total Revolving Outstandings exceeding the total Commitments, (iii) any Lender’s Revolving Outstandings exceeding such Xxxxxx’s Commitment or (iv) in the case of the Swingline Lender (whether directly or through an Affiliate), the sum of such Xxxxxx’s Revolving Outstandings plus (without duplication) the outstanding principal amount of Swingline Loans made by the Swingline Lender exceeding such Swingline Lender’s Commitment; provided, that the Borrower shall not use the proceeds of any Swingline Loan to refinance any outstanding Swingline Loan. Each Swingline Loan shall be in an aggregate principal amount of all outstanding $2,000,000 or any larger integral multiple of $500,000 (except that any such Borrowing may be in the aggregate amount of the unused Swingline Loans (after giving effect to any amount requested Sublimit). Within the foregoing limits, the Borrower may borrow, repay and the use thereof) shall not exceed the lesser of (A) the Aggregate Revolving Commitment less the sum of all outstanding Revolving Credit reborrow Swingline Loans, Japanese Yen Loans and the L/C Obligations and (B) the aggregate in each case under this Section 2.02. Each Swingline Commitments of all Swingline Lenders and (iii) the aggregate principal amount of all outstanding Swingline Loans (after giving effect to any amount requested and the use thereof) of any Swingline Lender Loan shall not exceed the lesser of (A) the Swingline Commitment of such Swingline Lender then in effect and (B) the Revolving Credit Commitment of such Revolving Credit Lender acting as Swingline Lender less such Revolving Credit Lender’s Revolving Credit Loans, L/C Obligations and Revolving Commitment Percentage of all outstanding Japanese Yen Loans and Swingline Loans (other than Swingline Loans made by such Swingline Lender)be a SOFR Market Index Rate Loan.

Availability. (i) Subject to the terms and conditions of this Agreement, each and in reliance upon the representations and warranties set forth herein, the Swingline Lender agrees to make Swingline Loans to any the Borrower from time to time from the Closing Date through, but not including, the Swingline Termination Date, as requested by the Borrower in accordance with the terms of Section 2.03(a)(ii); provided, that (i) all Swingline Loans shall be denominated in Dollars or Pounds Sterling, (iiA) the aggregate principal amount of all outstanding Swingline Loans Extensions of Credit (after giving effect to any amount requested and the use application of the proceeds thereof) shall not exceed the lesser Commitments of (A) the Aggregate Revolving Commitment less the sum of all outstanding Revolving Credit Loans, Japanese Yen Loans and the L/C Obligations Lenders; and (B) the aggregate Swingline Commitments principal amount of all Swingline Lenders and (iii) Loans then outstanding shall not exceed the Swingline Commitment. Each Lender acknowledges that the aggregate principal amount of all outstanding Swingline Loans (after giving effect to any made by the Swingline Lender, when taken together with the aggregate principal amount requested of all outstanding Revolving Loans made by the Swingline Lender, may exceed the Swingline Lender’s Commitment. Upon and during the continuance of a Default or an Event of Default, the Borrower shall no longer have the option of requesting Swingline Loans and the use thereof) of any Swingline Lender shall not exceed be obligated to make Swingline Loans. No more than one (1) Swingline Loan may be made on the lesser of (A) the Swingline Commitment of such Swingline Lender then in effect and (B) the Revolving Credit Commitment of such Revolving Credit Lender acting as Swingline Lender less such Revolving Credit Lender’s Revolving Credit Loans, L/C Obligations and Revolving Commitment Percentage of all outstanding Japanese Yen Loans and Swingline Loans (other than Swingline Loans made by such Swingline Lender)same Business Day.

Availability. Subject to the terms and conditions of this Agreement, each the Swingline Lender agrees to make Swingline Loans to any the Borrower from time to time from the Closing Date through, but not including, the Swingline Termination Date; provided, that (i) all Swingline Loans shall be denominated in Dollars or Pounds Sterling, (ii) the aggregate principal amount of all outstanding Swingline Loans (after giving effect to any amount requested and the use application of the proceeds thereof) ), shall not exceed the lesser of (Ai) the Aggregate Revolving Working Capital Commitment less the sum of all outstanding Revolving Credit Loans, Japanese Yen Working Capital Loans and L/C Obligations, (ii) the Borrowing Base less the sum of all outstanding Working Capital Loans and L/C Obligations and (Biii) the aggregate Swingline Commitments of all Swingline Lenders and (iii) Commitment. Each Lender acknowledges that the aggregate principal amount of all outstanding Swingline Loans (after giving effect to any amount requested and the use thereof) of any Swingline Lender shall not exceed the lesser of (A) made by the Swingline Commitment of such Swingline Lender then in effect and (B) Lender, when taken together with the Revolving Credit Commitment of such Revolving Credit Lender acting as Swingline Lender less such Revolving Credit Lender’s Revolving Credit Loans, L/C Obligations and Revolving Commitment Percentage aggregate principal amount of all outstanding Japanese Yen Loans and Swingline Loans (other than Swingline Working Capital Loans made by such the Swingline Lender), may exceed the Swingline Lender’s Working Capital Commitment. Upon and during the continuance of a Default or an Event of Default, the Borrower shall no longer have the option of requesting Swingline Loans.

Availability. Subject to the terms and conditions of this Agreementset forth herein, each the Swingline Lender agrees to make Swingline Loans to any the Borrower from time to time from during the Closing Date throughAvailability Period; provided that after giving effect to any amount requested, but not including, the Swingline Termination Date; provided, that (i) all Swingline Loans the Aggregate New Money Credit Exposure shall be denominated in Dollars or Pounds Sterlingnot exceed the Aggregate Commitments of the Lenders, (ii) the aggregate principal amount of all outstanding Swingline Loans (after giving effect to any amount requested and the use thereof) requested), shall not exceed the lesser of (A) the Aggregate Revolving Commitment less the sum of all outstanding Revolving Credit LoansSwingline Commitment, Japanese Yen Loans and the L/C Obligations and (B) the aggregate Swingline Commitments of all Swingline Lenders and (iii) the aggregate principal amount of all outstanding Swingline Loans (after giving effect to any amount requested and the use thereof) New Money Credit Exposure of any Swingline Lender shall not exceed its Commitment; and provided further that no Swingline Loan may be requested to refinance any outstanding Swingline Loan. Within the lesser of (A) foregoing limits and subject to the terms and conditions set forth herein, the Borrower may borrow, repay and reborrow the Swingline Commitment Loans. Immediately upon the making of a Swingline Loan, each Lender shall be deemed to, and hereby irrevocably and unconditionally agrees to, purchase from the Swingline Lender a risk participation in such Swingline Loan in an amount equal to the product of such Lender’s Applicable Percentage times the amount of such Swingline Lender then in effect and (B) Loan. The commitments of the Revolving Credit Commitment of such Revolving Credit Lender acting as Swingline Lender less such Revolving Credit Lender’s Revolving Credit Loans, L/C Obligations and Revolving Commitment Percentage of all outstanding Japanese Yen Loans and to make Swingline Loans (other than Swingline Loans made by such Swingline Lender)is part of, and not in addition to, the Commitments.

Availability. Subject to the terms and conditions of this Agreementset forth herein, each Swingline Lender agrees to make Swingline Loans to any the Borrower from time to time from during the Closing Date through, but not includingAvailability Period; provided that after giving effect to any amount requested, the Swingline Termination Date; providedtotal Revolving Credit Exposures shall not exceed the then effective Loan Limit, that (i) all Swingline Loans shall be denominated in Dollars or Pounds Sterling, (ii) the aggregate principal amount of all outstanding Swingline Loans (after giving effect to any amount requested and the use thereof) requested), shall not exceed the lesser of (Ax) $30,000,000 and (y) the Aggregate Revolving Loan Limit; and provided, further, that no Swingline Loan may be requested to refinance any outstanding Swingline Loan. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrower may borrow, repay and reborrow the Swingline Loans. Each Swingline Loan shall be an ABR Loan. Immediately upon the making of a Swingline Loan, each Lender with a Commitment less shall be deemed to, and hereby irrevocably and unconditionally agrees to, purchase from the sum of all outstanding Revolving Credit Loans, Japanese Yen Loans and the L/C Obligations and (B) the aggregate Swingline Commitments of all Swingline Lenders and (iii) a risk participation in such Swingline Loan in an amount equal to the aggregate principal product of such Lender’s Applicable Percentage times the amount of all outstanding Swingline Loans (after giving effect to any amount requested and the use thereof) of any Swingline Lender shall not exceed the lesser of (A) the Swingline Commitment of such Swingline Lender then in effect and (B) Loan. The commitments of the Revolving Credit Commitment of such Revolving Credit Lender acting as Swingline Lender less such Revolving Credit Lender’s Revolving Credit Loans, L/C Obligations and Revolving Commitment Percentage of all outstanding Japanese Yen Loans and Lenders to make Swingline Loans (other than Swingline Loans made by such Swingline Lender)is part of, and not in addition to, the Commitments.

Availability. Subject Upon and subject to the terms and conditions of this Agreementhereof, each the Swingline Lender hereby agrees to make Swingline Loans to any Borrower from time to time from on any Business Day during the Closing Date through, but not including, the Swingline Termination DateAvailability Period; provided, that (i) all Swingline Loans shall be denominated in Dollars or Pounds Sterlingafter giving effect thereto, (iiA) the aggregate principal amount of all outstanding Swingline Loans (after giving effect to any amount requested and the use thereof) shall not exceed the lesser of (A1) the Aggregate Revolving Swingline Sublimit and (2) the Unutilized Commitment less of the sum of all outstanding Revolving Credit LoansSwingline Lender, Japanese Yen Loans and the L/C Obligations and (B) the aggregate Swingline Commitments Credit Exposure of all Swingline Lenders and any Lender shall not exceed its Commitment at such time, (iiiC) the aggregate principal amount of all outstanding Credit Exposure shall not exceed the Aggregate Commitments at such time, and (D) the applicable conditions in Section 3.2 are met; provided, further, that the Swingline Lender shall have no obligation to make Swingline Loans at any time a Lender is a Defaulting Lender hereunder, unless the Swingline Lender has entered into satisfactory arrangements with the Borrowers, the other Lenders, or such Defaulting Lender to eliminate the Swingline Lender’s risk with respect to such Defaulting Lender (after giving effect to any amount requested and Section 2.20(b)); provided, further, that the use thereof) of any Swingline Lender shall not exceed the lesser of (A) the be required to make a Swingline Commitment of such Loan to refinance any outstanding Swingline Lender then in effect and (B) the Revolving Credit Commitment of such Revolving Credit Lender acting as Swingline Lender less such Revolving Credit Lender’s Revolving Credit Loans, L/C Obligations and Revolving Commitment Percentage of all outstanding Japanese Yen Loans and Swingline Loans (other than Swingline Loans made by such Swingline Lender)Loan.

Availability. Subject to the terms and conditions of this AgreementAgreement and so long as no Default or Event of Default is known by Swingline Lender to exist, each the Swingline Lender agrees to make Swingline Loans to any Borrower the Borrowers, jointly and severally, from time to time from the Initial Closing Date throughto, but not including, the Swingline Termination Date; providedPROVIDED, that (i) all Swingline Loans shall be denominated in Dollars or Pounds Sterling, (ii) the aggregate principal amount of all outstanding Swingline Loans (after giving effect to any amount requested and the use thereofrequested) at any time, shall not exceed the lesser of (Ai) the Aggregate Revolving Total Commitment less in effect at such time LESS the sum of (A) all outstanding Revolving Credit LoansLoans at such time, Japanese Yen Loans and the L/C Obligations and (B) the aggregate Swingline Commitments Letter of Credit Exposure at such time, and (C) all Swingline Lenders outstanding Bid Rate Loans at such time, (ii) the Borrowing Base Availability and (iii) the aggregate principal amount of all outstanding Swingline Commitment at such time. Swingline Loans (after giving effect hereunder may be used in anticipation of borrowing Revolving Loans and for other short-term requirements and shall be repaid in accordance with the terms hereof. Each Swingline Loan must be for an amount equal to any amount requested at least $1,000,000 and in an integral multiple of $100,000 and shall be evidenced by the use thereof) of any Swingline Note. The Swingline Lender shall not exceed initiate the lesser transfer of (A) funds representing the Swingline Commitment Loan to the Borrower by 4:00 p.m. (Boston time) on the Business Day of the requested borrowing, so long as the Swingline Loan has been requested by the Borrower no later than 1:00 p.m. (Boston time) on such Swingline Lender then in effect and (B) Business Day. In no event shall the Revolving Credit Commitment number of such Revolving Credit Lender acting as Swingline Lender less such Revolving Credit Lender’s Revolving Credit Loans, L/C Obligations and Revolving Commitment Percentage of all outstanding Japanese Yen Loans and Swingline Loans outstanding at any time exceed three (other than 3). All Swingline Loans made by such Swingline Lender)shall bear interest at the Base Rate.

Availability. Subject to the terms and conditions of this Agreementhereof, each the Swingline Lender agrees to make Swingline Loans a portion of the credit otherwise available to any the Borrower under the Revolving Credit Commitments from time to time from during the Closing Date through, but not including, Revolving Credit Commitment Period by making swing line loans (“Swing Loans”) in Dollars to the Swingline Termination DateBorrower; provided, provided that (i) all Swingline Loans shall be denominated in Dollars or Pounds Sterling, (ii) the aggregate principal amount of all Swing Loans outstanding at any time shall not exceed the Swingline Commitment then in effect (notwithstanding that the Swing Loans outstanding at any time, when aggregated with the Swingline Lender’s other outstanding Revolving Loans, may exceed the Swingline Commitment then in effect) and (ii) the Borrower shall not request, and the Swingline Lender shall not make, any Swing Loan if, after giving effect to any the making of such Swing Loan, the aggregate amount requested and of the use thereof) shall not exceed the lesser of (A) the Aggregate Revolving Commitment less the sum of all outstanding Available Revolving Credit Loans, Japanese Yen Loans and the L/C Obligations and (B) the aggregate Swingline Commitments of all Swingline Lenders and (iii) the aggregate principal amount of all outstanding Swingline Loans (after giving effect to any amount requested and the use thereof) of any Swingline Lender shall not exceed the lesser of (A) the Swingline Commitment of such Swingline Lender then in effect and (B) would be less than zero. During the Revolving Credit Commitment of such Revolving Credit Lender acting as Period, the Borrower may use the Swingline Lender less such Revolving Credit Lender’s Revolving Credit LoansCommitment by borrowing, L/C Obligations repaying and Revolving Commitment Percentage of reborrowing, all outstanding Japanese Yen in accordance with the terms and conditions hereof. Swing Loans and Swingline shall be ABR Loans (other than Swingline Loans made by such Swingline Lender)only.

Availability. (i) Subject to the terms and conditions of this Agreement, each and in reliance upon the representations and warranties set forth herein, the Swingline Lender agrees to make Swingline Loans to any the Borrower from time to time from the Closing Date through, but not including, the Swingline Termination Date, as requested by the Borrower in accordance with the terms of Section 2.03(a)(ii); provided, that (i) all Swingline Loans shall be denominated in Dollars or Pounds Sterling, (ii) the aggregate principal amount of all outstanding Swingline Loans Extensions of Credit (after giving effect to any amount requested and the use application of the proceeds thereof) shall not exceed the lesser Commitments of (A) the Aggregate Revolving Commitment less the sum of all outstanding Revolving Credit Loans, Japanese Yen Loans and the L/C Obligations Lenders; and (Bii) the aggregate Swingline Commitments principal amount of all Swingline Lenders and (iii) Loans then outstanding shall not exceed the Swingline Commitment. Each Lender acknowledges that the aggregate principal amount of all outstanding Swingline Loans (after giving effect to any made by the Swingline Lender, when taken together with the aggregate principal amount requested of all outstanding Revolving Loans made by the Swingline Lender, may exceed the Swingline Lender's Commitment. Upon and during the continuance of a Default or an Event of Default, the Borrower shall no longer have the option of requesting Swingline Loans and the use thereof) of any Swingline Lender shall not exceed be obligated to make Swingline Loans. No more than one (1) Swingline Loan may be made on the lesser of (A) the Swingline Commitment of such Swingline Lender then in effect and (B) the Revolving Credit Commitment of such Revolving Credit Lender acting as Swingline Lender less such Revolving Credit Lender’s Revolving Credit Loans, L/C Obligations and Revolving Commitment Percentage of all outstanding Japanese Yen Loans and Swingline Loans (other than Swingline Loans made by such Swingline Lender)same Business Day.

Availability. Subject to the terms and conditions of this AgreementAgreement and the other Loan Documents, and in reliance upon the representations and warranties set forth in this Agreement and the other Loan Documents, each Swingline Lender severally agrees to make Swingline Loans in Dollars to any the Borrower from time to time from the Closing Effective Date throughto, but not including, the Swingline Termination Maturity Date; provided, that (i) all Swingline Loans shall be denominated in Dollars or Pounds Sterling, (ii) the aggregate principal amount of all outstanding Swingline Loans (after giving effect to any amount requested and the use thereof) shall not exceed the lesser of Swingline Loan, (A) the Aggregate Revolving Commitment less the sum of all outstanding Revolving Credit Loans, Japanese Yen Loans and the L/C Obligations and (Ba) the aggregate Swingline Commitments of all Swingline Lenders and (iii) the aggregate principal amount of all outstanding Swingline Loans (after giving effect to any amount requested and of the use thereof) of any applicable Swingline Lender shall not exceed the lesser of such Swingline Lender’s Swingline Commitment, (Ab) the Total Outstandings shall not exceed the Aggregate Commitments, and (c) the aggregate Outstanding Amount of any Lender (including such Lender’s participations in Swingline Commitment of Loans) shall not exceed such Lender’s Commitment. No Swingline Lender shall be obligated to make Swingline Loans if any Lender is at such time a Defaulting Lender hereunder unless such Swingline Lender then in is satisfied it will have no Fronting Exposure after giving effect to such Swingline Loan. Subject to the foregoing, the Borrower may borrow, repay (including by means of a Revolving Loan) and (B) the Revolving Credit Commitment of such Revolving Credit Lender acting as reborrow Swingline Lender less such Revolving Credit Lender’s Revolving Credit Loans; provided, L/C Obligations and Revolving Commitment Percentage of all outstanding Japanese Yen Loans and that Swingline Loans (other than may not be paid or repaid with Swingline Loans made by such Swingline Lender)Loans.

Availability. Subject to the terms and conditions of this Agreementset forth herein, each the Swingline Lender agrees to make Swingline Loans to any the Borrower from time to time from during the Closing Date through, but not including, the Swingline Termination DateAvailability Period; provided, provided that (i) all Swingline Loans after giving effect to any amount requested, the total Revolving Credit Exposures shall be denominated in Dollars or Pounds Sterling, not exceed the Loan Limit and (ii) the aggregate principal amount of all outstanding Swingline Loans (after giving effect to any amount requested and the use thereof) requested), shall not exceed the lesser of (A) the Aggregate Revolving Commitment less the sum of all outstanding Revolving Credit Loans, Japanese Yen Loans Swingline Commitment; and the L/C Obligations and (B) the aggregate provided further that no Swingline Commitments of all Swingline Lenders and (iii) the aggregate principal amount of all Loan may be requested to refinance any outstanding Swingline Loans (after giving effect Loan. Within the foregoing limits and subject to any amount requested the terms and conditions set forth herein, the use thereof) Borrower may borrow, repay and reborrow the Swingline Loans. Each Swingline Loan shall be a LIBOR Market Index Rate Loan. Immediately upon the making of any a Swingline Loan, each Lender with a Commitment shall be deemed to, and hereby irrevocably and unconditionally agrees to, purchase from the Swingline Lender shall not exceed a risk participation in such Swingline Loan in an amount equal to the lesser product of (A) such Lender’s Applicable Percentage times the Swingline Commitment amount of such Swingline Lender then in effect and (B) the Revolving Credit Commitment of such Revolving Credit Lender acting as Swingline Lender less such Revolving Credit Lender’s Revolving Credit Loans, L/C Obligations and Revolving Commitment Percentage of all outstanding Japanese Yen Loans and Swingline Loans (other than Swingline Loans made by such Swingline Lender)Loan.

Availability. Subject to the terms and conditions of this AgreementAgreement and the other Loan Documents, and in reliance upon the representations and warranties set forth in this Agreement and the other Loan Documents, each Swingline Lender severally agrees to make Swingline Loans in Dollars to any the Borrower from time to time from the Closing Effective Date throughto, but not including, the Swingline Termination Maturity Date; provided, that (i) all Swingline Loans shall be denominated in Dollars or Pounds Sterling, (ii) the aggregate principal amount of all outstanding Swingline Loans (after giving effect to any amount requested and the use thereof) shall not exceed the lesser of Swingline Loan, (A) the Aggregate Revolving Commitment less the sum of all outstanding Revolving Credit Loans, Japanese Yen Loans and the L/C Obligations and (Ba) the aggregate Swingline Commitments of all Swingline Lenders and (iii) the aggregate principal amount of all outstanding Swingline Loans (after giving effect to any amount requested and of the use thereof) of any applicable Swingline Lender shall not exceed the lesser of such Swingline Lender’s Swingline Commitment, (Ab) the Total Outstandings shall not exceed the Aggregate Commitments, and (c) the aggregate Outstanding Amount of any Lender (including such Xxxxxx’s participations in Swingline Commitment of Loans) shall not exceed such Xxxxxx’s Commitment. No Swingline Lender shall be obligated to make Swingline Loans if any Lender is at such time a Defaulting Lender hereunder unless such Swingline Lender then in is satisfied it will have no Fronting Exposure after giving effect to such Swingline Loan. Subject to the foregoing, the Borrower may borrow, repay (including by means of a Revolving Loan) and (B) the Revolving Credit Commitment of such Revolving Credit Lender acting as reborrow Swingline Lender less such Revolving Credit Lender’s Revolving Credit Loans; provided, L/C Obligations and Revolving Commitment Percentage of all outstanding Japanese Yen Loans and that Swingline Loans (other than may not be paid or repaid with Swingline Loans made by such Swingline Lender)Loans.

Availability. Subject to the terms and conditions of this Agreement, each ------------ the Swingline Lender agrees to make Swingline Loans to any the Borrower from time to time from the Closing Date through, but not including, the Swingline Termination Date; provided, that (i) all Swingline Loans shall be denominated in Dollars or Pounds Sterling, (ii) the aggregate principal amount of all outstanding Swingline -------- Loans (after giving effect to any amount requested and the use application of the proceeds thereof) ), shall not exceed the lesser of (Ai) the Aggregate Revolving Working Capital Commitment less the sum of all outstanding Revolving Credit Loans, Japanese Yen Working Capital Loans and L/C ---- Obligations, (ii) the Borrowing Base less the sum of all outstanding Working ---- Capital Loans and L/C Obligations and (Biii) the aggregate Swingline Commitments of all Swingline Lenders and (iii) Commitment. Each Lender acknowledges that the aggregate principal amount of all outstanding Swingline Loans (after giving effect to any amount requested and the use thereof) of any Swingline Lender shall not exceed the lesser of (A) made by the Swingline Commitment of such Swingline Lender then in effect and (B) Lender, when taken together with the Revolving Credit Commitment of such Revolving Credit Lender acting as Swingline Lender less such Revolving Credit Lender’s Revolving Credit Loans, L/C Obligations and Revolving Commitment Percentage aggregate principal amount of all outstanding Japanese Yen Loans and Swingline Loans (other than Swingline Working Capital Loans made by such the Swingline Lender), may exceed the Swingline Lender's Working Capital Commitment. Upon and during the continuance of a Default or an Event of Default, the Borrower shall no longer have the option of requesting Swingline Loans.

Availability. Subject to the terms and conditions of this Agreement, each theeach Swingline Lender agrees to make Swingline Loans to any Borrower from time to time from the Closing Date through, but not including, the Swingline Termination Date; provided, that (i) all Swingline Loans shall be denominated in Dollars or Pounds Sterlingand, (ii) the aggregate principal amount of all outstanding Swingline Loans (after giving effect to any amount requested and the use thereof) ), shall not exceed the lesser of (A) the Aggregate Revolving Commitment less the sum of all outstanding Revolving Credit Loans, Japanese Yen Loans and the L/C Obligations and (B) the aggregate Swingline Commitmentaggregate Swingline Commitments of all Swingline Lenders and (iii) the aggregate principal amount of all outstanding Swingline Loans (after giving effect to any amount requested and the use thereof) of any Swingline Lender shall not exceed the lesser of (A) the Swingline Commitment of such Swingline Lender then in effect and (B) the Revolving Credit Commitment of such Revolving Credit Lender acting as Swingline Lender less such Revolving Credit Lender’s Revolving Credit Loans, L/C Obligations and Revolving Commitment Percentage of all outstanding Japanese Yen Loans and Swingline Loans (other than Swingline Loans made by such Swingline Lender).

Availability. Subject to the terms and conditions of this Agreement, each the Swingline Lender agrees to make Swingline Loans to any the Borrower from time to time from the Closing Date through, through but not including, including the Swingline Termination Date; provided, that (i) all Swingline Loans shall be denominated in Dollars or Pounds Sterling, (ii) the aggregate principal amount of all outstanding Swingline Loans (after giving effect to any amount requested and the use thereof) requested), shall not exceed the lesser of (Ai) the Aggregate Revolving Commitment less the sum of the aggregate principal amount of all outstanding Revolving Credit Loans (excluding any Revolving Credit Loans the proceeds of which will be used to repay Swingline Loans, Japanese Yen ) and Absolute Rate Loans and the L/C Obligations and (Bii) the aggregate Swingline Commitments of all Swingline Lenders and (iii) Commitment. Each Lender acknowledges that the aggregate principal amount of all outstanding Swingline Loans (after giving effect to any amount requested and the use thereof) of any Swingline Lender shall not exceed the lesser of (A) made by the Swingline Commitment of such Swingline Lender then in effect and (B) Lender, when taken together with the Revolving Credit Commitment of such Revolving Credit Lender acting as Swingline Lender less such Revolving Credit Lender’s Revolving Credit Loans, L/C Obligations and Revolving Commitment Percentage aggregate principal amount of all outstanding Japanese Yen Revolving Credit Loans and Swingline Loans (other than Swingline Absolute Rate Loans made by such Swingline Lender and such Lender)'s Commitment Percentage of the L/C Obligations, may exceed such Lender's Commitment.