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. 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. 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 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.

Borrowing Request. The Borrower Administrative Agent shall have received a Borrowing Request in accordance with the right, following requirements of Section 2.03(a). For purposes of determining whether the Restatement Effective Date, at its requestconditions specified in this Section 4.01 have been satisfied, by written notice from Borrower funding its Loans hereunder (or in connection with any Assignment and Assumption), the Administrative Agent and each Lender that has executed this Agreement (or such Assignment and Assumption) shall be deemed to Agenthave 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 or such Lender, as the case may be. Notwithstanding the foregoing, to obtain the extent the perfection of a security interest in any Collateral is not or cannot be provided on the Closing Date (other than (i) a Lien on Collateral that may be perfected solely by the filing of a financing statement under the UCC, (ii) with respect to U.S. registered or applied-for patents, trademarks and copyrights, the filing of short-form intellectual property security agreements with the U.S. Patent and Trademark Office and the U.S. Copyright Office, as the case may be, and (iii) a pledge of the Capital Stock of (x) each of the Borrowers and (y) commitments the Subsidiary Guarantors organized under the laws of the United States with respect to which a Lien may be perfected upon closing by the delivery of a stock or equivalent certificate, in the case of the foregoing clause (y), after your use of commercially reasonable efforts to do so without undue burden or expense; provided that, for additional tranches the avoidance of term loans doubt, stock certificates and powers (such stock certificates and powers, the “Acquired Stock Deliverables”) of the Subsidiary Guarantors of the Company will only be required to be delivered on the Closing Date to the extent delivered to Holdings by the Company on or prior to the Closing Date), so long as Holdings has used commercially reasonable efforts to cause the Company to do so, then the perfection of a security interest in such Collateral shall not constitute a condition precedent to the availability and initial funding of the Loans on the Closing Date but may instead be perfected within (i) with respect to the Acquired Stock Deliverables, 10 Business Days (or such long period as may be acceptable to the Administrative Agent in its discretion) (provided that, in any event, the stock certificates and powers of each such commitment, an “Incremental Term Loan Commitment” and such loans funded thereunder, “Incremental Term Loans”of the Borrowers shall be delivered on the Closing Date) or (zii) additional Revolving Loan Commitments otherwise, 90 days (each or such commitment, an “Incremental Revolving Loan Commitment”; the Incremental Revolving Loan Commitments and the Incremental Term Loan Commitments are sometimes referred to herein individually longer period as an “Incremental Commitment” and collectively as “Incremental Commitments”) from existing Lenders or new Lenders, subject may be acceptable 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 Administrative Agent in its reasonable discretion) after the Closing Date pursuant to arrangements to be mutually agreed by the Administrative Agent and the Borrowers acting reasonably.

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 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 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 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 shall have During 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” relevant Availability Period 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 provisions of subsection (ii) of Section 3.1., 3.2., 3.3. and 3.4., as applicable of this Agreement, the Co-Borrowers may borrow Tranche A of the Loan in no more than 2 (two) Borrowings, by providing, at least 5 (five) Business Days in advance of the date when they intend to agree to perform the respective Borrowing, they may borrow from Tranche B of the Loan in 1 (one) single Borrowing, by providing, at least 45 (forty-five) calendar days in advance of the date when they intend to agree to perform the respective Borrowing, and they may borrow from Tranche C of the Loan in 1 (one) single Borrowing, by providing, at least 45 (forty-five) calendar days in advance of the date when they intend to agree to perform the respective Borrowing (each, a “Borrowing Date”), an irrevocable written request to the Lenders or the Agent, as applicable (each, a “Borrowing Request”), pursuant to a Sale of Loans the format attached to this Agreement as Exhibit “B”. Notwithstanding that the Borrowing is made by both Co-Borrowers, both Co-Borrowers shall sign the Borrowing Request. The Parties agree that the terms set forth in Section 9.9(b) the paragraph above to submit the Borrowing Request regarding Tranche A, Tranche B or Tranche C, as applicable, may be waived by the Lenders or Agent, as applicable, to their entire discretion and without the need of a written confirmation of such waiver, therefore, the Tranche A Borrowing, the Tranche B Borrowing or the Tranche C Borrowing may be made on the same date that the relevant Borrowing Request is submitted to the extent Lenders or Agent, as applicable. Each Borrowing Request will be irrevocable and, among other things, it shall provide (i) the corresponding Borrowing Date, (ii) the Tranche respect to which it is requesting such Borrowing, (iii) the principal amount of such Borrowing as provided by Section 2.1.2(i) of this Agreement as well as the proportion of such Borrowing corresponding to each of the Co-Borrowers in the event that both Co-Borrowers request the Borrowing, (iv) provide that the corresponding Borrowing shall be deposited by the Lenders or the Agent, as applicable, in the CONOISA Loan Account and/or in the ICAPI Loan Account, as applicable, in the Borrowing Date, (v) include a certificate signed by the legal representative of each of the Co-Borrowers in the sense that immediately after and immediately before the execution of such new Lender Borrowing and/or as a consequence of such Borrowing there is no, to its knowledge, Default or Event of Default. And (vi) describe the use that will be given to the resources of such Borrowings, certifying that it constitutes an authorized use of the Loan (as provided by Section 2.1.5 of this Agreement) and that the funds will be exclusively used for such authorized use of the Loan. The delivery of each Borrowing Request to the Lenders or the Agent, as applicable, as provided by this Section 2.1.3 will be 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.following: