Common use of Borrowing Request Clause in Contracts

Borrowing Request. The Borrower shall have the right, following the Restatement Effective Date, at its request, by written notice from Borrower to Agent, to obtain (y) commitments for additional tranches of term loans (each such commitment, an “Incremental Term Loan Commitment” and such loans funded thereunder, “Incremental Term Loans”) or (z) additional Revolving Loan Commitments (each such commitment, an “Incremental Revolving Loan Commitment”; the Incremental Revolving Loan Commitments and the Incremental Term Loan Commitments are sometimes referred to herein individually as an “Incremental Commitment” and collectively as “Incremental Commitments”) from existing Lenders or new Lenders, subject to the standards for new Lenders pursuant to a Sale of Loans set forth in Section 9.9(b) to the extent that such new Lender is subject to the approval of Agent pursuant to Section 9.9(b). No Lender shall be obligated to provide any Incremental Term Loan Commitment or to increase its Revolving Loan Commitment; provided, existing Lenders shall first be afforded the opportunity to provide each proposed Incremental Facility before the Borrower solicits or obtains such Incremental Facility, or any portion thereof, from prospective Lenders. Each Incremental Commitment shall be in an amount not less than $5,000,000 and all Incremental Commitments shall in no event exceed $10,000,000 in the aggregate. Each such notice shall specify the type and amount of the proposed Incremental Commitment and the date (each an “Incremental Commitment Effective Date”) on which Borrower proposes that the applicable Incremental Commitment shall be effective, which shall be a date not less than ten (10) Business Days after the date on which such notice is delivered to the Agents or such earlier date determined by Agent in its reasonable discretion.

Borrowing Request. (a) The Borrower Company shall have request a Borrowing hereunder by submitting to the rightAdministrative Agent and each Funding Agent (on behalf of the Lenders) a written notice, following substantially in the Restatement Effective Dateform of Schedule 2 (each, at its request, by written notice from Borrower to Agent, to obtain (y) commitments for additional tranches of term loans (each such commitment, an a “Incremental Term Loan Commitment” and such loans funded thereunder, “Incremental Term LoansBorrowing Request”) or no later than 8:00 a.m. (zNew York time) additional Revolving Loan Commitments (each or, if such commitment, an “Incremental Revolving Loan Commitment”; the Incremental Revolving Loan Commitments and the Incremental Term Loan Commitments are sometimes referred to herein individually as an “Incremental Commitment” and collectively as “Incremental Commitments”) from existing Lenders or new Lenders, subject to the standards for new Lenders pursuant Borrowing Request relates solely to a Sale of Loans set forth in Section 9.9(bSwingline Loan, 12:00 noon New York time) to (x) if the extent that such new Lender is subject to the approval of Agent pursuant to Section 9.9(b). No Lender shall be obligated to provide any Incremental Term Loan Commitment or to increase its Revolving Loan Commitment; provided, existing Lenders shall first be afforded the opportunity to provide each proposed Incremental Facility before the Borrower solicits or obtains such Incremental Facility, or any portion thereof, from prospective Lenders. Each Incremental Commitment shall be in an amount not less than $5,000,000 and all Incremental Commitments shall in no event exceed $10,000,000 in the aggregate. Each such notice shall specify the type and amount of the proposed Incremental Commitment Borrowing is $40,000,000 or less (exclusive of the Swingline Loan requested on such day, if any), on the Business Day of the proposed Borrowing, and (y) if the amount of the proposed Borrowing exceeds $40,000,000 (exclusive of the Swingline Loan requested on such day, if any), one (1) Business Day prior to the date of the proposed Borrowing (each such date, a “Borrowing Date”). Promptly after its receipt thereof, each Funding Agent shall submit a copy of each Borrowing Request to the Lenders in its Lender Group. (b) Each Borrowing Request shall: (i) specify the desired amounts for the requested Loans, and specify whether a Swingline Loan is requested and the date desired amount of such requested Swingline Loan; (each an “Incremental Commitment Effective Date”ii) on which Borrower proposes that specify the applicable Incremental Commitment shall be effective, desired Borrowing Date (which shall be a date Business Day); (iii) specify the Interest Period which shall be the same for each Loan making up such Borrowing and shall end on a Business Day occurring not less later than ten sixty-two (1062) Business Days days after the date on which such notice is delivered Borrowing Date; and (iv) certify that, after giving effect to the Agents or proposed Borrowing, the Maximum Available Borrowing will not be exceeded on such earlier date determined by Agent Borrowing Date. (c) Only one Borrowing may be requested in its reasonable discretioneach Borrowing Request. (d) Only one Borrowing Request shall be delivered in respect of each Borrowing Date. (e) Each Borrowing Request shall be irrevocable and binding on the Company. (f) Borrowings shall be made subject to the satisfaction of the requirements of Section 6.2.

Borrowing Request. The Borrower shall have the right, following the Restatement Effective Date, at its request, by written notice from Borrower to Agent, to obtain (y) commitments for additional tranches of term loans (each such commitment, an “Incremental Term Loan Commitment” and such loans funded thereunder, “Incremental Term Loans”) or (z) additional Revolving Loan Commitments (each such commitment, an “Incremental Revolving Loan Commitment”; the Incremental Revolving Loan Commitments and the Incremental Term Loan Commitments are sometimes referred to herein individually as an “Incremental Commitment” and collectively as “Incremental Commitments”) from existing Lenders or new Lenders, subject to the standards for new Lenders pursuant to a Sale of Loans set forth in Section 9.9(b) to the extent that such new Lender is subject to the approval of Agent pursuant to Section 9.9(b). No Lender shall be obligated to provide any Incremental Term Loan Commitment or to increase its Revolving Loan Commitment; provided, existing Lenders shall first be afforded the opportunity to provide each proposed Incremental Facility before the Borrower solicits or obtains such Incremental Facility, or any portion thereof, from prospective Lenders. Each Incremental Commitment shall be in an amount not less than $5,000,000 and all Incremental Commitments shall in no event exceed $10,000,000 15,000,000 in the aggregate. Each such notice shall specify the type and amount of the proposed Incremental Commitment and the date (each an “Incremental Commitment Effective Date”) on which Borrower proposes that the applicable Incremental Commitment shall be effective, which shall be a date not less than ten (10) Business Days after the date on which such notice is delivered to the Agents or such earlier date determined by Agent in its reasonable discretion.”

Borrowing Request. The A request for a Revolving Credit Loan or conversion or continuation of an existing Revolving Credit Loan shall be made, or shall be deemed to be made, in the following manner: Borrower shall have the right, following the Restatement Effective Date, at its request, by give Lender written notice from of its intention to borrow, convert or continue, in which notice Borrower shall specify the amount of the proposed borrowing, or in the case of an existing Revolving Credit Loan, the amount to Agentbe converted or continued, to obtain (y) commitments for additional tranches of term loans (in each such commitment, an “Incremental Term Loan Commitment” and such loans funded thereunder, “Incremental Term Loans”) or (z) additional Revolving Loan Commitments (each such commitment, an “Incremental Revolving Loan Commitment”; the Incremental Revolving Loan Commitments and the Incremental Term Loan Commitments are sometimes referred to herein individually as an “Incremental Commitment” and collectively as “Incremental Commitments”) from existing Lenders or new Lenders, subject to the standards for new Lenders pursuant to a Sale of Loans set forth in Section 9.9(b) to the extent that such new Lender is subject to the approval of Agent pursuant to Section 9.9(b). No Lender case which amount shall be obligated to provide any Incremental Term Loan Commitment or to increase its Revolving Loan Commitment; provided, existing Lenders shall first be afforded the opportunity to provide each proposed Incremental Facility before the Borrower solicits or obtains such Incremental Facility, or any portion thereof, from prospective Lenders. Each Incremental Commitment shall be in an amount not less than $5,000,000 100,000 (or a higher integral multiple of $50,000), whether such borrowing will be a Base Rate Loan or a LIBOR Loan and all Incremental Commitments shall in no event exceed $10,000,000 the proposed borrowing, conversion or continuation date, as the case may be, not later than 11:00 a.m. Eastern time (i) two (2) Business Days prior to the proposed borrowing, conversion or continuation date in the aggregatecase of any request for a LIBOR Loan or conversion or continuation of any Revolving Credit Loan or (ii) one (1) Business Day prior to the proposed borrowing, conversion or continuation date in the case or any request for a Base Rate Loan; provided, however, that no such request may be made at a time when there exists any Default. Each The becoming due of any amount required to be paid under this Agreement, whether as interest or for any other Obligation, shall be deemed irrevocably to be a request for a Revolving Credit Loan on the day following the due date in the amount required to pay such interest or other Obligation if such amount was not paid by Borrower on the due date. If, upon the expiration of any Interest Period applicable to LIBOR Loans, Borrower has failed to timely select a new Interest Period to be applicable to such LIBOR Loans, Borrower shall be deemed to have elected to continue such LIBOR Loans. Borrower’s notice of its intention to borrow or continue any existing Revolving Credit Loan shall specify be irrevocable and shall be accompanied with a certificate, on a form designated by Lender and in substance satisfactory to Lender, certifying the type and amount of the proposed Incremental Commitment Borrowing Base and providing such backup calculations and other information as Lender shall reasonably deem necessary (a “Borrowing Base Certificate”). Lender may change the date (form of such certificate from time to time and at all times shall have the right to request a separate Borrowing Base Certificate from each an “Incremental Commitment Effective Date”) on which entity comprising Borrower. After the making of the first Revolving Credit Loan, Borrower proposes that the applicable Incremental Commitment shall be effective, which shall be deliver a date not Borrowing Base Certificate to Lender no less often than ten (10) Business Days after the date on which such notice is delivered monthly pursuant to the Agents or such earlier date determined by Agent in its reasonable discretionSection 5.1(a).

Borrowing Request. (a) The Borrower Company shall have request a Borrowing hereunder by submitting to the rightAdministrative Agent and each Funding Agent (on behalf of the Lenders) a written notice, following substantially in the Restatement Effective Dateform of Schedule 2 (each, at its request, by written notice from Borrower to Agent, to obtain (y) commitments for additional tranches of term loans (each such commitment, an a “Incremental Term Loan Commitment” and such loans funded thereunder, “Incremental Term LoansBorrowing Request”) or no later than 11:00 a.m. (zLondon time) additional Revolving Loan Commitments on the second (2nd) Funding Business Day prior to the date of the proposed Borrowing (each, a “Borrowing Date”). Promptly after its receipt thereof, each such commitment, an “Incremental Revolving Loan Commitment”Funding Agent shall submit a copy of each Borrowing Request to the Lender in its Lender Group. (b) Each Borrowing Request shall: (i) specify the desired amounts and Approved Currencies for the requested Loans; (ii) specify the desired Borrowing Date (which shall be a Business Day prior to the Facility Termination Date; the Incremental Revolving Loan Commitments and the Incremental Term Loan Commitments are sometimes referred to herein individually as an “Incremental Commitment” and collectively as “Incremental Commitments”provided that there shall not be more than two (2) from existing Lenders or new LendersBorrowing Dates per calendar week, subject to a maximum of five (5) Borrowings per calendar month); (iii) certify that, after giving effect to the standards for new Lenders pursuant proposed Borrowing, the Maximum Available Borrowing will not be exceeded on such Borrowing Date; and (iv) certify that, after giving effect to the proposed Borrowing, none of the Maximum Available Borrowing (Dollars), Maximum Available Borrowing (Euro) and the Maximum Available Borrowing (Sterling) will be exceeded on such Borrowing Date. (c) Only one Borrowing (comprising a Sale maximum of Loans three (3) Loans, each in a different Approved Currency) may be requested in each Borrowing Request. (d) Only one Borrowing Request shall be delivered in respect of each Borrowing Date. (e) Each Borrowing Request shall be irrevocable and binding on the Company. (f) Borrowings shall be made subject to the satisfaction of the requirements set forth in Section 9.9(b) to the extent that such new Lender is subject to the approval of Agent pursuant to Section 9.9(b). No Lender shall be obligated to provide any Incremental Term Loan Commitment or to increase its Revolving Loan Commitment; provided, existing Lenders shall first be afforded the opportunity to provide each proposed Incremental Facility before the Borrower solicits or obtains such Incremental Facility, or any portion thereof, from prospective Lenders. Each Incremental Commitment shall be in an amount not less than $5,000,000 and all Incremental Commitments shall in no event exceed $10,000,000 in the aggregate. Each such notice shall specify the type and amount of the proposed Incremental Commitment and the date (each an “Incremental Commitment Effective Date”) on which Borrower proposes that the applicable Incremental Commitment shall be effective, which shall be a date not less than ten (10) Business Days after the date on which such notice is delivered to the Agents or such earlier date determined by Agent in its reasonable discretion6.2.

Borrowing Request. The Borrower shall have Borrowers may request Competitive Bid Loan Borrowings by delivering to the right, following the Restatement Effective Date, at its request, by written notice from Borrower to Administrative Agent, not later than 11:00 a.m. at least (x) five Business Days prior to obtain the date of the proposed Competitive Bid Loan Borrowing (in the case of LIBOR Auctions) or (y) commitments for additional tranches of term loans (each such commitment, an “Incremental Term Loan Commitment” and such loans funded thereunder, “Incremental Term Loans”) or (z) additional Revolving Loan Commitments (each such commitment, an “Incremental Revolving Loan Commitment”; the Incremental Revolving Loan Commitments and the Incremental Term Loan Commitments are sometimes referred to herein individually as an “Incremental Commitment” and collectively as “Incremental Commitments”) from existing Lenders or new Lenders, subject one Business Day prior to the standards for new Lenders pursuant to a Sale of Loans set forth in Section 9.9(b) to the extent that such new Lender is subject to the approval of Agent pursuant to Section 9.9(b). No Lender shall be obligated to provide any Incremental Term Loan Commitment or to increase its Revolving Loan Commitment; provided, existing Lenders shall first be afforded the opportunity to provide each proposed Incremental Facility before the Borrower solicits or obtains such Incremental Facility, or any portion thereof, from prospective Lenders. Each Incremental Commitment shall be in an amount not less than $5,000,000 and all Incremental Commitments shall in no event exceed $10,000,000 in the aggregate. Each such notice shall specify the type and amount date of the proposed Incremental Commitment Competitive Bid Loan Borrowing (in the case of an Absolute Rate Auction), a revocable Borrowing Request (which shall constitute an invitation to the Lenders to extend Competitive Bid Loan quotes to such Borrower, and which may contain requests for up to three different Competitive Bid Loan Borrowings), specifying (i) the proposed date (each an “Incremental Commitment Effective Date”) on which Borrower proposes that the applicable Incremental Commitment shall be effective, which shall be a Business Day), currency (which shall be Dollars or Other Currency) and aggregate principal amount or amounts of each Competitive Bid Loan to be made as part of such proposed Competitive Bid Loan Borrowing (each of which such Competitive Bid Loan shall be in a minimum principal amount of $5,000,000 and in an integral multiple of $1,000,000), (ii) whether the Competitive Bid Loan quotes requested are to set forth a LIBO Rate Bid Margin or an Absolute Rate (or a combination thereof), (iii) the proposed maturity date or dates (each a "Competitive Bid Loan Maturity Date") for repayment of each Competitive Bid Loan to be made as part of such Competitive Bid Loan Borrowing (which maturity date or dates may not less be later than ten the earlier of the date occurring (10A) Business Days six months after the date of such Competitive Bid Loan Borrowing or (B) the Revolving Loan Commitment Termination Date), and (iv) in the case of Competitive Bid Loans based on which the LIBOR Auction, the proposed duration of the Interest Period applicable thereto; such notice is Borrowing Request to be delivered to with an administrative fee, for the Agents or such earlier date determined by Agent in its reasonable discretionaccount of the Administrative Agent, of $1,500.

Borrowing Request. The Borrower shall have In the right, following the Restatement Effective Date, at its requestcase of Swing Line Loans, by written notice from Borrower delivering a Borrowing Request to the Swing Line Lender and the Administrative Agent, to obtain (y) commitments for additional tranches of term loans (each such commitment, an “Incremental Term Loan Commitment” and such loans funded thereunder, “Incremental Term Loans”) on or (z) additional Revolving Loan Commitments (each such commitment, an “Incremental Revolving Loan Commitment”; before 1:00 p.m. Houston time on the Incremental Revolving Loan Commitments and the Incremental Term Loan Commitments are sometimes referred to herein individually as an “Incremental Commitment” and collectively as “Incremental Commitments”) from existing Lenders or new Lenders, subject to the standards for new Lenders pursuant to a Sale of Loans set forth in Section 9.9(b) to the extent that such new Lender is subject to the approval of Agent pursuant to Section 9.9(b). No Lender shall be obligated to provide any Incremental Term Loan Commitment or to increase its Revolving Loan Commitment; provided, existing Lenders shall first be afforded the opportunity to provide each proposed Incremental Facility before the Borrower solicits or obtains such Incremental Facility, or any portion thereof, from prospective Lenders. Each Incremental Commitment shall be in an amount not less than $5,000,000 and all Incremental Commitments shall in no event exceed $10,000,000 in the aggregate. Each such notice shall specify the type and amount of the proposed Incremental Commitment and the date (each an “Incremental Commitment Effective Date”) on which Borrower proposes that the applicable Incremental Commitment shall be effectiverequested borrowing date, which shall be a date not less than ten Business Day, any Borrower may irrevocably request that the Swing Line Lender make a Swing Line Loan a minimum amount of $100,000 or the unused amount of the Swing Line Commitment; provided, that all of the Swing Line Loans shall be made as Base Rate Loans. Each such irrevocable request may be made by telephone confirmed promptly by hand delivery or facsimile to the Administrative Agent and the Swing Line Lender of the applicable Borrowing Request. Promptly after receipt by the Swing Line Lender of any telephonic Swing Line Loan Notice, the Swing Line Lender will confirm with the Administrative Agent (10by telephone or in writing) Business Days after that the Administrative Agent has also received such Swing Line Loan Notice and, if not, the Swing Line Lender will notify the Administrative Agent (by telephone or in writing) of the contents thereof. Unless the Swing Line Lender has received notice (by telephone or in writing) from the Administrative Agent (including at the request of any Lender) prior to 2:00 p.m. on the date on which of the proposed Swing Line Borrowing (A) directing the Swing Line Lender not to make such notice Swing Line Loan as a result of the limitations set forth in Section 2.1.3 or (B) that one or more of the applicable conditions specified in Article 5 is delivered not then satisfied, then, subject to the Agents or terms and conditions hereof, the Swing Line Lender will, not later than 3:00 p.m. on the requested borrowing date, make the amount of its Swing Line Loan available to the requesting Borrower at its office by crediting the account of such earlier date determined by Agent Borrower on the books of the Swing Line Lender in its reasonable discretionsame day funds.

Borrowing Request. The Borrower Administrative Agent shall have received a Borrowing Request as required by Section 2.03. For purposes of determining whether the right, following conditions specified in this Section 4.01 have been satisfied on the Restatement Effective Closing Date, at its requesteach Lender shall be deemed to have consented to, approved or accepted, or to be satisfied with, each document or other matter required hereunder to be consented to or approved by or acceptable or satisfactory to the Administrative Agent, the Arranger or the Lenders, as the case may be, unless an officer of the Administrative Agent responsible for the transactions contemplated by this Agreement shall have received written notice from Borrower to Agent, to obtain (y) commitments for additional tranches of term loans (each such commitment, an “Incremental Term Loan Commitment” and such loans funded thereunder, “Incremental Term Loans”) or (z) additional Revolving Loan Commitments (each such commitment, an “Incremental Revolving Loan Commitment”; the Incremental Revolving Loan Commitments and the Incremental Term Loan Commitments are sometimes referred to herein individually as an “Incremental Commitment” and collectively as “Incremental Commitments”) from existing Lenders or new Lenders, subject Lender prior to the standards for new Lenders pursuant to a Sale of Loans set forth Closing Date, specifying its objection thereto in Section 9.9(b) reasonable detail. Notwithstanding the foregoing, it is understood and agreed that to the extent that such new Lender any security interest in any Collateral is subject not or cannot be provided, created and/or perfected on, or substantially concurrently with, the Closing Date (other than (i) the delivery of the certificated equity securities of the Borrower and any material wholly-owned Domestic Subsidiary of the Borrower (if any) (to the approval extent required by the Loan Documents to do so), together with related executed stock or equivalent powers, to the extent possession of Agent pursuant such certificates perfects a security interest therein and (ii) the creation and perfection of security interests in assets with respect to Section 9.9(b). No Lender which a lien may be perfected by the filing of a financing statement under the UCC in the office of the Secretary of State (or equivalent office in the relevant States) of the applicable jurisdiction of organization) after your use of commercially reasonable efforts to do so or without undue burden or expense, then the provision, creation and/or perfection of such security interest, as applicable, in such Collateral shall not constitute a condition precedent to the availability or funding of the Credit Facilities on the Closing Date but instead shall be obligated required to provide any Incremental Term Loan Commitment or to increase its Revolving Loan Commitment; be provided, existing Lenders shall first be afforded created and/or perfected within (x) with respect to the opportunity delivery of certificated equity securities and related stock or equivalent powers (to provide each proposed Incremental Facility before the Borrower solicits or obtains such Incremental Facilityextent required by the Loan Documents to do so), or any portion thereof, from prospective Lenders. Each Incremental Commitment shall be in an amount not less than $5,000,000 and all Incremental Commitments shall in no event exceed $10,000,000 in the aggregate. Each such notice shall specify the type and amount of the proposed Incremental Commitment and the date (each an “Incremental Commitment Effective Date”) on which Borrower proposes that the applicable Incremental Commitment shall be effective, which shall be a date not less than ten (10) 10 Business Days after the date on which Closing Date and (y) in all other cases, 90 days after the Closing Date (in each case, or such notice is delivered longer period as may be reasonably agreed by the Administrative Agent) pursuant to arrangements reasonably satisfactory to the Agents or such earlier date determined by Administrative Agent in its reasonable discretionand the Borrower.

Borrowing Request. The To the extent that any Loans are to be made on the Aleris Acquisition Closing Date, the Administrative Agent shall have received a Borrowing Request in accordance with Section 4.02 of the Amended Credit Agreement. Notwithstanding anything to the contrary herein, in the Amended Credit Agreement or in any other Loan Document, if, after the Loan Parties’ use of commercially reasonable efforts to deliver the items required pursuant to Section 7(i)(ii) and Section 7(l) (in the case of opinions, to the extent such opinions solely relate to the documents that the Loan Parties are unable to deliver under Section 7(i)(ii)), one or more Loan Parties is unable to deliver any such items (such items, the “Specified Conditions Precedent”) required thereby on or prior to the Aleris Acquisition Closing Date, then: (A) the Administrative Borrower shall have deliver to the rightAdministrative Agent a certificate signed by an authorized officer of the Administrative Borrower certifying that it has used commercially reasonable efforts to satisfy the Specified Conditions Precedent, following and that it was unable to do so on or prior to the Restatement Effective Aleris Acquisition Closing Date, at its requestwhich certificate shall be in form and substance satisfactory to the Administrative Agent and shall include (i) a detailed list of all Specified 1040264.05B-CHISR1061055.04-CHISR01A - MSW Conditions Precedent that the Loan Parties were unable to satisfy, and shall certify that the Loan Parties shall satisfy such items no later than the date that is 60 days after the Aleris Acquisition Closing Date (or such later date agreed by written notice from the Administrative Agent), and (ii) a list of all Aleris Borrowers that have satisfied the Aleris Deemed Borrowing Base Collateral Conditions applicable to such Aleris Borrower on or prior to the Aleris Acquisition Closing Date, and certifying that for each listed Aleris Borrower, the Collateral Agent, to obtain on behalf of the Secured Parties, has a valid, perfected First Priority Lien on the Accounts and Inventory of such Aleris Borrower; and (yB) commitments for additional tranches upon the Administrative Agent's receipt and written approval of term loans the certificate described in clause (each A) above, the items described in such commitment, an “Incremental Term Loan Commitment” and such loans funded thereunder, “Incremental Term Loans”) or (z) additional Revolving Loan Commitments (each such commitment, an “Incremental Revolving Loan Commitment”; the Incremental Revolving Loan Commitments and the Incremental Term Loan Commitments are sometimes referred to herein individually as an “Incremental Commitment” and collectively as “Incremental Commitments”) from existing Lenders or new Lenders, subject certificate shall not constitute a condition precedent to the standards for new Lenders pursuant Aleris Acquisition Closing Date, but shall instead constitute post-closing obligations to a Sale of Loans be completed within the time period set forth in Section 9.9(b) to the extent that such new Lender is subject to the approval of Agent pursuant to Section 9.9(b). No Lender shall be obligated to provide any Incremental Term Loan Commitment or to increase its Revolving Loan Commitment; provided, existing Lenders shall first be afforded the opportunity to provide each proposed Incremental Facility before the Borrower solicits or obtains such Incremental Facility, or any portion thereof, from prospective Lenders. Each Incremental Commitment shall be in an amount not less than $5,000,000 and all Incremental Commitments shall in no event exceed $10,000,000 in the aggregate. Each such notice shall specify the type and amount of the proposed Incremental Commitment and the date (each an “Incremental Commitment Effective Date”) on which Borrower proposes that the applicable Incremental Commitment shall be effective, which shall be a date not less than ten (10) Business Days after the date on which such notice is delivered to the Agents or such earlier date determined by Agent in its reasonable discretion.certificate;

Borrowing Request. The To request a Borrowing, the Borrower shall have notify the rightAdministrative Agent of such request by telephone (i) in the case of Eurodollar Borrowing, following not later than 2:00 p.m., New York City time, three Business Days before the Restatement Effective Datedate of the proposed Borrowing or (ii) in the case of an ABR Borrowing or a Borrowing under the Swing Line Facility, at its requestnot later than noon, by written New York City time, one Business Day before the date of the proposed Borrowing; provided that no such notice from Borrower shall be required for any deemed request of an ABR Borrowing to Agent, to obtain (y) commitments for additional tranches finance the reimbursement of term loans (each such commitment, an “Incremental Term Loan Commitment” and such loans funded thereunder, “Incremental Term Loans”LC Disbursement as provided in Section 2.05(e) or (z) additional Revolving the refunding of a Swing Loan Commitments (each such commitment, an “Incremental Revolving Loan Commitment”; the Incremental Revolving Loan Commitments and the Incremental Term Loan Commitments are sometimes referred to herein individually as an “Incremental Commitment” and collectively as “Incremental Commitments”) from existing Lenders or new Lenders, subject to the standards for new Lenders pursuant to a Sale of Loans set forth provided in Section 9.9(b) to the extent that such new Lender is subject to the approval of Agent pursuant to Section 9.9(b2.04(b). No Lender shall be obligated to provide any Incremental Term Loan Commitment or to increase its Revolving Loan Commitment; provided, existing Lenders shall first be afforded the opportunity to provide each proposed Incremental Facility before the Borrower solicits or obtains such Incremental Facility, or any portion thereof, from prospective Lenders. Each Incremental Commitment shall be in an amount not less than $5,000,000 and all Incremental Commitments shall in no event exceed $10,000,000 in the aggregate. Each such notice telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing Request in substantially the form of Exhibit B-1 and signed by the Borrower. Each such telephonic and written Borrowing Request shall specify the type and following information: (i) the aggregate amount of the proposed Incremental Commitment and requested Borrowing; (ii) the date (each an “Incremental Commitment Effective Date”) on which Borrower proposes that the applicable Incremental Commitment shall be effectiveof such Borrowing, which shall be a date not less than ten Business Day; (10iii) Business Days after whether such Borrowing is to be a Borrowing of ABR Loans or Eurodollar Loans; (iv) in the date on case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which such notice is delivered shall be a period contemplated by the definition of the term “Interest Period”; (v) the location and number of the Borrower’s account to which funds are to be disbursed. If no election as to the Agents or Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Each Borrowing Request shall constitute a representation that the amount of the requested Borrowing shall not cause the Aggregate Revolving Facility Exposure to exceed the Total Revolving Commitment; provided that such earlier date determined by Lender’s Loan shall not cause such Lender’s Credit Facility Exposure to exceed its Revolving Commitment. Promptly following receipt of a Borrowing Request in accordance with this Section 2.06, the Administrative Agent in its reasonable discretionshall advise each Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.

Borrowing Request. The Borrower Each Delayed Draw Borrowing shall have be made upon the right, following the Restatement Effective Date, at its request, by irrevocable written notice from given by the Borrower to Agent, to obtain (y) commitments for additional tranches Representative on behalf of term loans (each such commitment, an “Incremental Term Loan Commitment” and such loans funded thereunder, “Incremental Term Loans”) or (z) additional Revolving Loan Commitments (each such commitment, an “Incremental Revolving Loan Commitment”; the Incremental Revolving Loan Commitments and the Incremental Term Loan Commitments are sometimes referred to herein individually as an “Incremental Commitment” and collectively as “Incremental Commitments”) from existing Lenders or new Lenders, subject applicable Borrowers to the standards for new Lenders pursuant to a Sale of Loans set forth in Section 9.9(b) Administrative Agent by delivery to the extent that such new Lender is subject to the approval Administrative Agent of Agent pursuant to Section 9.9(b). No Lender shall be obligated to provide any Incremental Term a written Term/Mortgage Committed Loan Commitment or to increase its Revolving Loan Commitment; providedNotice, existing Lenders shall first be afforded the opportunity to provide each proposed Incremental Facility before completed and signed by a Responsible Officer of the Borrower solicits or obtains such Incremental Facility, or any portion thereof, from prospective Lenders. Each Incremental Commitment shall be in an amount not less than $5,000,000 and all Incremental Commitments shall in no event exceed $10,000,000 in the aggregateRepresentative. Each such notice shall specify of a Delayed Draw Borrowing must be received by the type and amount of the proposed Incremental Commitment and the date (each an “Incremental Commitment Effective Date”) on which Borrower proposes that the applicable Incremental Commitment shall be effective, which shall be a date Administrative Agent not less later than 2:00 p.m. ten (10) Business Days after prior to the requested date of any Delayed Draw Borrowing (or, with respect to the Delayed Draw Term Loans requested to be funded on the Original Closing Date, the notice of a Delayed Draw Borrowing was delivered with the Credit Agreement on the Original Closing Date). Each Term/Mortgage Committed Loan Notice shall specify (i) the Borrower or Borrowers requesting such Borrowing, (ii) the purpose for which the advance is being requested (accompanied by reasonable supporting documentation), (iii) the Class of Loans the applicable Borrowers are requesting (and if the notice fails to make an election as to such form, it will be declined), (iv) the requested Borrowing Date (which shall be a Business Day), (v) the principal amount of Delayed Draw Loans to be borrowed, (vi) the Type of Loans to be borrowed, and (vii) the duration of the Interest Period with respect thereto, if applicable. Notwithstanding anything else provided herein, a single Interest Period shall apply to all Delayed Draw Mortgage Loans outstanding at any time in respect of all Delayed Draw Mortgage Loans set forth in an applicable Project Budget submitted to the Administrative Agent under the Delayed Draw Disbursement Procedures (to the extent additional Delayed Draw Mortgage Loans in connection with such Project are borrowed during any Interest Period, such additional Delayed Draw Mortgage Loans shall automatically be deemed to have an Interest Period equal to the remaining Interest Period for the then-existing Delayed Draw Mortgage Loans in respect of such Project). Each Term/Mortgage Committed Loan Notice requesting a Delayed Draw Mortgage Loan in respect of a Project shall also be accompanied by all applicable information and documents required under the Delayed Draw Disbursement Procedures with respect to such Project. With respect to a Delayed Draw Mortgage Loan to be made in respect of any Major Project, Administrative Agent may elect to retain an inspector at the applicable Borrower’s expense to verify the status and condition of any work being funded with such Delayed Draw Borrowing. As a condition to the making of any Delayed Draw Mortgage Loan, the Administrative Agent may elect to obtain a title insurance endorsement to the extent available under the title insurance regulations in the applicable jurisdiction with respect to the title insurance policy covering the Real Property on which such notice work is delivered being performed or Real Property which is being acquired using the proceeds of any Delayed Draw Mortgage Loans, including but not limited to uses of proceeds for acquisition of Real Property, building, remodeling, capital improvements, removal, demolition, restoration, alteration, repairs, installation, renovation, or construction of improvements, restoration or alteration of land, or any other construction or development of any nature with respect to the Agents or such earlier date determined by Agent in its reasonable discretionReal Property.

Borrowing Request. The In the case of Revolving Loans, by delivering a Borrowing Request to the Administrative Agent on or before 11:00 a.m., Houston time, on a Business Day, any Borrower shall have may from time to time irrevocably request, on at least one Business Day’s notice in the rightcase of Base Rate Loans, following or at least three Business Days’ notice in the Restatement Effective Datecase of LIBO Rate Loans (and in any event, at its requestleast five days’ notice for any Borrowing Request to be made when aggregate Credit Exposure exceeds $200,000,000, by written notice from Borrower either before or after giving effect to Agentsuch requested Credit Extension), to obtain that a Revolving Borrowing be made, (ya) commitments for additional tranches in the case of term loans LIBO Rate Loans, in an aggregate minimum amount of $1,000,000 and an integral multiple of $500,000, (each such commitmentb) in the case of Base Rate Loans, in an “Incremental Term Loan Commitment” aggregate minimum amount of $500,000 and such loans funded thereunderan integral multiple of $100,000 or, “Incremental Term Loans”) or (z) additional Revolving Loan Commitments (each such commitmentin either case, an “Incremental Revolving Loan Commitment”; in the Incremental Revolving Loan Commitments and unused amount of the Incremental Term Loan Commitments are sometimes referred to herein individually as an “Incremental Commitment” and collectively as “Incremental Commitments”) from existing Lenders or new Lenders, subject to the standards for new Lenders pursuant to a Sale of Loans set forth in Section 9.9(b) to the extent that such new Lender is subject to the approval of Agent pursuant to Section 9.9(b). No Lender shall be obligated to provide any Incremental Term Loan Commitment or to increase its Revolving Loan Commitment; provided, existing Lenders that all of the initial Loans shall first be afforded the opportunity to provide each proposed Incremental Facility before the Borrower solicits made as Base Rate Loans; provided further that no LIBO Rate Loans may be advanced when any Default or obtains such Incremental Facility, or any portion thereof, from prospective LendersBorrowing Base Deficiency has occurred and is continuing. Each Incremental Commitment such irrevocable request may be made by telephone confirmed promptly by hand delivery or facsimile to the Administrative Agent of the applicable Borrowing Request; provided that any such Borrowing Request made when aggregate Credit Exposure exceeds $200,000,000, either before or after giving effect to such requested Credit Extension, may not be made by telephone. On the terms and subject to the conditions of this Agreement, each Borrowing shall be comprised of the Type of Revolving Loans, and shall be made on the Business Day, specified in such Borrowing Request. On or before 10:00 a.m., Houston time, on such Business Day, each Lender that has a Loan Commitment to make the Revolving Loans being requested shall deposit with the Administrative Agent same day funds in an amount not less than $5,000,000 and all Incremental Commitments shall in no event exceed $10,000,000 in equal to such Lender’s Percentage of the aggregaterequested Borrowing. Each such notice Such deposit will be made to an account which the Administrative Agent shall specify from time to time by notice to the type and amount Lenders. To the extent funds are received from the Lenders, the Administrative Agent shall make such funds available to the Borrowers by wire transfer to the accounts as the requesting Borrower shall have specified in its Borrowing Request. The obligations of the proposed Incremental Commitment Lenders hereunder to make Revolving Loans are several and the date (each an “Incremental Commitment Effective Date”) on which Borrower proposes that the applicable Incremental Commitment not joint. No Lender’s obligation to make any Revolving Loan shall be effective, which shall be a date not less than ten (10) Business Days after the date on which such notice is delivered affected by any other Lender’s failure to the Agents or such earlier date determined by Agent in its reasonable discretionmake any Revolving Loan.

Borrowing Request. The To request a Revolving Borrowing, Borrower Representative shall have the rightdeliver, following the Restatement Effective Datetelephonically or electronically (in each case, at its request, promptly followed by written notice from Borrower notice), or by hand delivery or telecopier, a duly completed and executed Borrowing Request to Agentthe Administrative Agent (x) in the case of a Eurodollar Borrowing, to obtain not later than 1:00 p.m., New York City time, three Business Days before the date of the proposed Borrowing or (y) commitments for additional tranches in the case of term loans (each such commitmentan ABR Borrowing, an “Incremental Term Loan Commitment” and such loans funded thereundernot later than 11:00 a.m., “Incremental Term Loans”) or (z) additional Revolving Loan Commitments (each such commitmentNew York City time, an “Incremental Revolving Loan Commitment”; on the Incremental Revolving Loan Commitments and date of the Incremental Term Loan Commitments are sometimes referred to herein individually as an “Incremental Commitment” and collectively as “Incremental Commitments”) from existing Lenders or new Lenders, subject to the standards for new Lenders pursuant to a Sale of Loans set forth in Section 9.9(b) to the extent that such new Lender is subject to the approval of Agent pursuant to Section 9.9(b)proposed Borrowing. No Lender Each Borrowing Request shall be obligated to provide any Incremental Term Loan Commitment or to increase its Revolving Loan Commitment; provided, existing Lenders shall first be afforded the opportunity to provide each proposed Incremental Facility before the Borrower solicits or obtains such Incremental Facility, or any portion thereof, from prospective Lenders. Each Incremental Commitment shall be in an amount not less than $5,000,000 irrevocable and all Incremental Commitments shall in no event exceed $10,000,000 in the aggregate. Each such notice shall specify the type and following information in compliance with Section 2.02: (i) the aggregate amount of the proposed Incremental Commitment and such Borrowing; (ii) the date (each an “Incremental Commitment Effective Date”) on which Borrower proposes that the applicable Incremental Commitment shall be effectiveof such Borrowing, which shall be a date not less than ten Business Day; (10iii) Business Days after whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (iv) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; (v) the location and number of each of the accounts of the applicable Borrower or Borrowers to which funds are to be disbursed, which shall comply with the requirements of Section 2.02(c); and (vi) that the conditions set forth in Sections 4.02(b)-(c) have been satisfied as of the date on which such notice is delivered of the notice. If no election as to the Agents or Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then such earlier date determined by Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent in its reasonable discretionshall advise each Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.

Borrowing Request. The With respect to any Other Advance, Borrower shall submit to Lender for approval breakdowns, in sufficient detail as may be required by the Lender, of Borrower's funding requirements other than the Equipment Advances ("Other Funding Requirements"), during the period commencing on the Pledge Effective Date until the earliest to occur of (i) any Note Termination Event, (ii) any Event of Default, (iii) any termination of the Merger Agreement and (iv) the "Closing Date" under the Merger Agreement (as defined therein). Lender shall have the right, following right to approve any Other Funding Requirements in its sole discretion. Set forth in Schedule B to the Restatement Note and Agreement is an Other Advance that Lender has approved and agrees to make on the Pledge Effective Date, at its request, by written notice from Borrower to Agent, to obtain (y) commitments for additional tranches of term loans (each such commitment, an “Incremental Term Loan Commitment” and such loans funded thereunder, “Incremental Term Loans”) or (z) additional Revolving Loan Commitments (each such commitment, an “Incremental Revolving Loan Commitment”; the Incremental Revolving Loan Commitments and the Incremental Term Loan Commitments are sometimes referred to herein individually as an “Incremental Commitment” and collectively as “Incremental Commitments”) from existing Lenders or new Lenders, subject to the standards for new Lenders pursuant terms and conditions set forth herein. Borrower shall request any Other Advance by delivering to a Sale of Loans Lender an irrevocable written notice (the "Borrowing Request") which shall be delivered to Lender to the address and in the manner set forth in Section 9.9(b3(c) to below and shall specify: the extent that such new Lender is subject to principal amount of the approval of Agent pursuant to Section 9.9(b). No Lender requested Other Advance, which shall be obligated to provide any Incremental Term Loan Commitment or to increase its Revolving Loan Commitment; provided, existing Lenders shall first be afforded the opportunity to provide each proposed Incremental Facility before the Borrower solicits or obtains such Incremental Facility, or any portion thereof, from prospective Lenders. Each Incremental Commitment shall be in an amount not less than $5,000,000 500,000 and all Incremental Commitments shall in no event exceed $10,000,000 in be consistent with Schedule B or the aggregate. Each such notice shall specify applicable Other Funding Requirements approved by Lender as provided herein, as the type and amount case may be; the purpose of the proposed Incremental Commitment and the date (each an “Incremental Commitment Effective Date”) on which Borrower proposes that the applicable Incremental Commitment shall be effectiveOther Advance, which shall be a date consistent with Schedule B or the applicable Other Funding Requirements approved by Lender as provided herein, as the case may be; the requested Other Advance Date, which shall be (x) consistent with Schedule B or the applicable Other Funding Requirements approved by Lender as provided herein, as the case may be, and (y) not less than ten two (102) Business Days business days after the date on which Borrowing Request shall have been given; and that all conditions set forth in Section 3(b) below have been satisfied in respect of such notice is delivered to the Agents or such earlier date determined by Agent in its reasonable discretionOther Advance.

Borrowing Request. The To request a Borrowing of Term Loans, the Borrower shall have notify the rightAdministrative Agent of such request by submitting a Borrowing Request not later than 11:00 a.m., following the Restatement Effective DatePittsburgh, at its requestPennsylvania time, by written notice from Borrower to Agent, to obtain (yi) commitments for additional tranches of term loans three (each such commitment, an “Incremental Term Loan Commitment” and such loans funded thereunder, “Incremental Term Loans”3) or (z) additional Revolving Loan Commitments (each such commitment, an “Incremental Revolving Loan Commitment”; the Incremental Revolving Loan Commitments and the Incremental Term Loan Commitments are sometimes referred to herein individually as an “Incremental Commitment” and collectively as “Incremental Commitments”) from existing Lenders or new Lenders, subject to the standards for new Lenders pursuant Business Days prior to a Sale requested LIBOR Borrowing and (ii) the same Business Day of Loans set forth a requested BR Borrowing (or, in Section 9.9(b) to each case, such shorter period of time as the extent that such new Lender is subject to the approval of Administrative Agent pursuant to Section 9.9(bshall reasonably agree). No Lender shall be obligated to provide any Incremental Term Loan Commitment or to increase its Revolving Loan Commitment; provided, existing Lenders shall first be afforded the opportunity to provide each proposed Incremental Facility before the Borrower solicits or obtains such Incremental Facility, or any portion thereof, from prospective Lenders. Each Incremental Commitment shall be in an amount not less than $5,000,000 and all Incremental Commitments shall in no event exceed $10,000,000 in the aggregate. Each such notice Borrowing Request shall be irrevocable and shall be signed by a Responsible Officer of the Borrower. Each such Borrowing Request shall specify the type and following information in compliance with Section 2.02: (a) the aggregate amount of the proposed Incremental Commitment and requested Borrowing; (b) the date (each an “Incremental Commitment Effective Date”) on which Borrower proposes that the applicable Incremental Commitment shall be effectiveof such Borrowing, which shall be a date not less than ten Business Day; (10c) Business Days after whether such Borrowing is to be a BR Borrowing or a LIBOR Borrowing; (d) in the date on case of a LIBOR Borrowing, the initial Interest Period to be applicable thereto, which such notice is delivered shall be a period contemplated by the definition of the term “Interest Period”; and (e) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.05. If no election as to the Agents or Type of Borrowing is specified, then the requested Borrowing shall be a BR Borrowing. If no Interest Period is specified with respect to any requested LIBOR Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such earlier date determined by Agent in its reasonable discretionLender’s Loan to be made as part of the requested Borrowing.

Borrowing Request. The Borrower Each Borrowing shall have be made on Borrower's notice (a "NOTICE OF BORROWING," substantially in the rightform of EXHIBIT B-1) to Administrative Agent requesting that Lenders fund a Borrowing on a certain date (the "BORROWING DATE"), following which notice (i) shall be irrevocable and binding on Borrower, (ii) shall specify the Restatement Effective Facility or Facilities under which such Borrowing is being made, (iii) shall specify the Borrowing Date, at its requestamount, Type, and (for a Borrowing comprised of Eurodollar Rate Borrowings) Interest Period, (iv) must be received by written notice from Borrower Administrative Agent no later than 10:00 a.m. Dallas, Texas time on the third Business Day preceding the Borrowing Date for any Eurodollar Rate Borrowing or on the Business Day immediately preceding the Borrowing Date for any Base Rate Borrowing; and (v) with respect to Agenteach Borrowing under the Telecommunications Facility, to obtain shall identify the Telecommunications Assets which have been or are being acquired in part or constructed in part with the proceeds of such Borrowing (y) commitments for additional tranches the "FINANCED ASSETS"), detailing the total costs of term loans (each such commitmentFinanced Assets, an “Incremental Term Loan Commitment” and such loans funded thereunder, “Incremental Term Loans”) providing all invoices or (z) additional Revolving Loan Commitments (each such commitment, an “Incremental Revolving Loan Commitment”; the Incremental Revolving Loan Commitments and the Incremental Term Loan Commitments are sometimes referred to herein individually as an “Incremental Commitment” and collectively as “Incremental Commitments”) from existing Lenders or new Lenders, subject other information relative to the standards for new Lenders pursuant Financed Assets as Administrative Agent may request; and (vi) with respect to a Sale of Loans set forth in Section 9.9(b) each Borrowing under the Receivables Facility (to the extent that available hereunder), specifying such new other matters as are required by the Receivables Credit Documents. Administrative Agent shall timely notify each Lender is subject with respect to the approval each Notice of Agent pursuant to Section 9.9(b). No Lender shall be obligated to provide any Incremental Term Loan Commitment or to increase its Revolving Loan Commitment; provided, existing Lenders shall first be afforded the opportunity to provide each proposed Incremental Facility before the Borrower solicits or obtains such Incremental Facility, or any portion thereof, from prospective Lenders. Each Incremental Commitment shall be in an amount not less than $5,000,000 and all Incremental Commitments shall in no event exceed $10,000,000 in the aggregate. Each such notice shall specify the type and amount of the proposed Incremental Commitment and the date (each an “Incremental Commitment Effective Date”) on which Borrower proposes that the applicable Incremental Commitment shall be effective, which shall be a date not less than ten (10) Business Days after the date on which such notice is delivered to the Agents or such earlier date determined by Agent in its reasonable discretionBorrowing.

Borrowing Request. The Borrower shall have On or prior to 1:00 p.m. (New York City time) on the right, following the Restatement Effective third Business Day immediately preceding each Borrowing Date, at its request, by written the Issuer shall provide a notice from Borrower to Agent, to obtain (y) commitments for additional tranches of term loans (each such commitment, an “Incremental Term Loan Commitment” and such loans funded thereunder, “Incremental Term Loans”) or (z) additional Revolving Loan Commitments (each such commitment, an “Incremental Revolving Loan Commitment”; the Incremental Revolving Loan Commitments and the Incremental Term Loan Commitments are sometimes referred to herein individually as an “Incremental Commitment” and collectively as “Incremental Commitments”) from existing Lenders or new Lenders, subject to the standards for new Lenders pursuant Class A-R Note Agent (with a copy to the Trustee) of the Issuer's intention to effect a Sale Borrowing (as such, a "Borrowing Request"); provided, that the Issuer may, on any Business Day prior to the end of Loans the Class A-R Commitment Period, notify the Class A-R Note Agent (with a copy to the Trustee) of a proposed Borrowing (a "Short Settlement Borrowing") that is necessary to fund a same day funding requirement as set forth in Section 9.9(bthe Class A-R Note Purchase Agreement, not later than 10:00 a.m. (New York time) to on the extent that such new Lender is subject to the approval of Agent pursuant to Section 9.9(b). No Lender shall be obligated to provide any Incremental Term Loan Commitment or to increase its Revolving Loan Commitment; provided, existing Lenders shall first be afforded the opportunity to provide each proposed Incremental Facility before the Borrower solicits or obtains such Incremental Facility, or any portion thereof, from prospective Lenders. Each Incremental Commitment shall be in an amount not less than $5,000,000 and all Incremental Commitments shall in no event exceed $10,000,000 in the aggregate. Each such notice shall specify the type and amount date of the proposed Incremental Commitment and the date Short Settlement Borrowing (each an “Incremental Commitment Effective Date”) on which Borrower proposes that the applicable Incremental Commitment shall be effective, which shall be a date not less than ten (10) Business Days after Day); provided, further, that within one Business Day of the date on which Issuer receiving notice of a Holder's failure to satisfy the Rating Requirement a Borrowing Request must be delivered to such Holder, and such Holder must fund the Borrowing within 30 Business Days, unless the Rating Requirement is again satisfied prior thereto. Any such notice is delivered shall include the following information: (1) the aggregate amount of the requested Borrowing, (2) the Borrowing Date, (3) the Aggregate Outstanding Amount of the Class A-R Notes both before and after giving effect to such Borrowing and (4) whether such requested Borrowing would be a Short Settlement Borrowing. Promptly following receipt of a request for a Borrowing, the Class A-R Note Agent shall forward by fax or e-mail to each Holder of a Class A-R Note (with a copy to the Agents or Trustee) a copy of such earlier date determined by Agent in its reasonable discretionrequest. Each Holder of a Class A-R Note that has agreed (subject to the terms of the Class A-R Note Purchase Agreement) to fund Borrowings on a same day basis shall fund a Short Settlement Borrowing on a same day basis, and other Holders of Class A-R Notes will not be obligated to do so. The aggregate amount of Short Settlement Borrowings outstanding at any given time shall not exceed $5,000,000.