Common use of Changes of Commitments Clause in Contracts

Changes of Commitments. (a) The aggregate amount of the Revolving Credit Commitments shall be automatically reduced to zero on the Re- volving Credit Commitment Termination Date. In addition, the aggregate amount of the Revolving Credit Commitments shall be automatically reduced on each Revolving Credit Commitment Re- duction Date set forth in column (A) below, (x) by an amount (subject to reduction pursuant to paragraph (d) below) equal to the amount set forth in column (B) below opposite such Revolv- ing Credit Commitment Reduction Date, (y) to an amount (subject to reduction pursuant to paragraph (d) below) equal to the amount set forth in column (C) below opposite such Revolving Credit Commitment Reduction Date: (A) (B) (C) Revolving Credit Revolving Credit Revolving Credit Commitment Reduction Commitments Reduced Commitments Reduced Date Falling on or by the Following to the Following Nearest to: Amounts Amounts September 30, 1997 $ 9,500,000 $85,500,000 September 30, 1998 $ 9,500,000 $76,000,000 September 30, 1999 $14,250,000 $61,750,000 Credit Agreement September 30, 2000 $14,250,000 $47,500,000 September 30, 2001 $14,250,000 $33,250,000 March 31, 2002 $33,250,000 $ 0 (b) Any portion of the Facility A and Facility B Term Loan Commitments not used on the Closing Date shall be automatically terminated. (c) The Company shall have the right at any time or from time to time (i) so long as no Revolving Credit Loans or Letter of Credit Liabilities are outstanding, to terminate the Revolving Credit Commitments, (ii) to reduce the aggregate un- utilized amount of the Revolving Credit Commitments (for which purpose use of the Revolving Credit Commitments shall be deemed to include the aggregate amount of Letter of Credit Liabili- ties), and (iii) to terminate both (and not just one) of the Facility A and Facility B Term Loan Commitments; provided that (x) the Company shall give notice of each such termination or reduction as provided in Section 4.05 hereof and (y) each partial reduction of either the Revolving Credit Commitments, the Facility A Term Loan Commitments or the Facility B Term Loan Commitments shall be in an aggregate amount at least equal to $5,000,000 (or a larger multiple of $1,000,000). (d) Each reduction in the aggregate amount of the Revolving Credit Commitments pursuant to Section 2.04(c) or 2.10 hereof on any date shall be applied to the reductions set forth in the schedule in paragraph (a) above ratably as fol- lows: each such reduction shall result in an automatic and simultaneous reduction (but not below zero) of the respective amounts set forth in column (B) at the end of paragraph (a) above (ratably in accordance with the respective remaining amounts thereof, after giving effect to any prior reductions pursuant to this paragraph (d)), with appropriate reductions (but not below zero) being made to the respective amounts set forth in column (C) of said paragraph (a) after giving effect to such reduction of the amounts in said column (B). (e) The Commitments once terminated or reduced may not be reinstated.

Changes of Commitments. (a) The aggregate amount of the Revolving Credit Commitments shall be automatically reduced to zero on the Re- volving Revolving Credit Commitment Termination Date. In addition, the aggregate amount of the Revolving Credit Commitments shall be automatically reduced on each Revolving Credit Commitment Re- duction Reduction Date set forth in column (A) below, (x) by an amount (subject to reduction pursuant to paragraph (dc) below) equal to the amount set forth in column (B) below opposite such Revolv- ing Credit Commitment Reduction Date, (y) to an amount (subject to reduction pursuant to paragraph (d) below) equal to the amount set forth in column (C) below opposite such Revolving : Credit Agreement 42 - 37 - Commitment Reduction Date: (A) (B) (C) Revolving Credit Revolving Credit Revolving Credit Commitment Reduction Commitments Reduced Commitments Reduced Date Falling on or by the Following to the Following Nearest toTo: Amounts Amounts September 30, 1997 $ 9,500,000 $85,500,000 September 30, 1998 $ 9,500,000 $76,000,000 September 30, 1999 $14,250,000 $61,750,000 Credit Agreement Amount ------------------------- ------ September 30, 2000 $14,250,000 20,000,000 December 31, 2000 $47,500,000 20,000,000 March 31, 2001 $10,000,000 June 30, 2001 $10,000,000 September 30, 2001 $14,250,000 10,000,000 December 31, 2001 $33,250,000 10,000,000 March 31, 2002 $33,250,000 $ 010,000,000 June 30, 2002 $10,000,000 September 30, 2002 $10,000,000 December 31, 2002 $10,000,000 March 31, 2003 $26,666,667 June 30, 2003 $26,666,667 September 30, 2003 $26,666,666 (b) Any portion of the Facility A and Facility B Term Loan Commitments not used on the Closing Date shall be automatically terminated. (c) The Company shall have the right at any time or from time to time (i) so long as no Revolving Credit Loans or Letter of Credit Liabilities are outstanding, to terminate the Revolving Credit Commitments, Commitments and (ii) to reduce the aggregate un- utilized unused amount of the Revolving Credit Commitments (for which purpose use of the Revolving Credit Commitments shall be deemed to include the aggregate amount of Letter of Credit Liabili- tiesLiabilities), and (iii) to terminate both (and not just one) of the Facility A and Facility B Term Loan Commitments; provided that (x) the Company shall give notice of each such termination or reduction as provided in Section 4.05 hereof and (y) each partial reduction of either the Revolving Credit Commitments, the Facility A Term Loan Commitments or the Facility B Term Loan Commitments shall be in an aggregate amount at least equal to $5,000,000 (or a larger multiple of $1,000,000). (dc) Each reduction in the aggregate amount of the Revolving Credit Commitments pursuant to Section 2.04(cparagraph (b) or 2.10 hereof above (each, a "Voluntary Reduction") on any date shall be applied to the reductions set forth in the schedule in paragraph (a) above ratably as fol- lows: each such reduction shall result in an automatic and simultaneous reduction (but not below zero) in the amount of the respective amounts set forth in column (B) at the end of reductions required by paragraph (a) above of the Revolving Credit Commitments on the Revolving Credit Commitment Reduction Dates falling after such date (ratably each, a "Required Reduction") in an aggregate amount equal to the amount of such Voluntary Reduction, the amount of each Voluntary Reduction to be applied pro rata to such Required Reductions in accordance with the their respective remaining amounts thereof, after giving effect to any prior reductions pursuant to this paragraph amounts. (d)), with appropriate reductions ) The Tranche A Term Loan Commitments and the Tranche B Term Loan Commitments shall automatically be terminated and reduced to zero at the close of business (but not below zeroNew York time) being made to on the respective amounts set forth in column (C) of said paragraph (a) after giving effect to such reduction of the amounts in said column (B)Effective Date. (e) The Commitments once terminated or reduced may not be reinstated.

Changes of Commitments. (a) The aggregate amount of the Revolving Credit Commitments shall be automatically reduced on each Revolving Credit Commitment Reduction Date set forth below to the amount (subject to reduction pursuant to paragraph (d) below) set forth opposite such Revolving Credit Commitment Reduction Date: REVOLVING CREDIT COMMITMENT REDUCTION DATE FALLING REVOLVING CREDIT COMMITMENTS ON OR NEAREST TO REDUCED TO THE FOLLOWING AMOUNTS ---------------- -------------------------------- January 24, 2002 $72,321,428.63 April 24, 2002 $69,642,857.25 July 24, 2002 $66,964,285.88 October 24, 2002 $64,285,714.50 January 24, 2003 $61,607,143.13 April 24, 2003 $58,928,571.75 July 24, 2003 $56,250,000.38 October 24, 2003 $53,571,429.00 January 24, 2004 $50,892,857.63 April 24, 2004 $48,214,286.25 July 24, 2004 $45,535,714.88 October 24, 2004 $42,857,143.50 January 24, 2005 $40,178,572.13 April 24, 2005 $37,500,000.75 The aggregate amount of the Revolving Credit Commitments shall be automatically reduced to zero on the Re- volving Revolving Credit Commitment Termination Date. In addition, . (b) the aggregate amount of the Revolving Credit Synthetic Lease Loan Commitments shall automatically be automatically reduced on each Revolving Credit Commitment Re- duction Date set forth in column (A) below, (x) by an amount (subject to reduction pursuant to paragraph (d) below) equal to the amount set forth in column (B) below opposite such Revolv- ing Credit Commitment Reduction Date, (y) to an amount (subject to reduction pursuant to paragraph (d) below) equal to the amount set forth in column (C) below opposite such Revolving Credit Commitment Reduction Date: (A) (B) (C) Revolving Credit Revolving Credit Revolving Credit Commitment Reduction Commitments Reduced Commitments Reduced Date Falling on or by the Following to the Following Nearest to: Amounts Amounts September 30, 1997 $ 9,500,000 $85,500,000 September 30, 1998 $ 9,500,000 $76,000,000 September 30, 1999 $14,250,000 $61,750,000 Credit Agreement September 30, 2000 $14,250,000 $47,500,000 September 30, 2001 $14,250,000 $33,250,000 March 31, 2002 $33,250,000 $ 0 (b) Any portion of the Facility A and Facility B Term Loan Commitments not used zero on the Closing Date shall be automatically terminatedSynthetic Lease Loan Commitment Termination Date. (c) The Company shall have the right at any time or from time to time (i) so long as no Revolving Credit Loans or Letter of Credit Liabilities are outstanding, to terminate the Revolving Credit Commitments, and (ii) to reduce the aggregate un- utilized unused amount of the Revolving Credit Commitments (for which purpose use of the Revolving Credit Commitments shall be deemed to include the aggregate amount of Letter of Credit Liabili- tiesLiabilities), and (iii) to terminate both (and not just one) of the Facility A and Facility B Term Loan Commitments; provided PROVIDED that (x) the Company shall give notice of each such termination or reduction as provided in Section SECTION 4.05 hereof and (y) each partial reduction of either the Revolving Credit Commitments, the Facility A Term Loan Commitments or the Facility B Term Loan Commitments shall be in an aggregate amount at least equal to (x) in the case of Base Rate Loans, $5,000,000 25,000 (or a larger multiple of $1,000,00025,000), and (y) in the case of Eurodollar Loans, $250,000 (or a larger multiple of $25,000). (d) Each reduction (a "Non-scheduled Reduction") in the aggregate amount of the Revolving Credit Commitments pursuant to Section 2.04(cparagraph (c) above, or 2.10 hereof pursuant to SECTION 2.09 hereof, on any date shall be applied to the reductions set forth in the schedule in paragraph (a) above ratably as fol- lows: each such reduction shall result in an automatic and simultaneous reduction (but not below zero) reduction, in an amount equal to the amount of such Non-scheduled Reduction, in the maximum amount of the respective amounts Revolving Credit Commitments (as set forth in column (B) at the end of paragraph (a) above (ratably in accordance with the respective remaining amounts thereof, above) for each Revolving Credit Commitment Reduction Date occurring after giving effect to any prior reductions pursuant to this paragraph (d)), with appropriate reductions (but not below zero) being made to the respective amounts set forth in column (C) of said paragraph (a) after giving effect to such reduction of the amounts in said column (B)date. (e) The Commitments of any Class once terminated or reduced may not be reinstated.

Changes of Commitments. (a) The aggregate amount of the Revolving Credit Commitments shall be automatically reduced to zero on the Re- volving Revolving Credit Commitment Termination Date. In addition, the aggregate amount of the Revolving Credit Commitments shall be automatically reduced on each Revolving Credit Commitment Re- duction Reduction Date set forth in column (A) below, (x) by an below to the amount (subject to reduction pursuant to paragraph (dc) below) equal to the amount set forth in column (B) below opposite such Revolv- ing Credit Commitment Reduction Date, (y) to an amount (subject to reduction pursuant to paragraph (d) below) equal to the amount set forth in column (C) below opposite such Revolving Credit Commitment Reduction Date: (A) (B) (C) Revolving Credit Revolving Credit Revolving Credit Commitment Reduction Commitments Reduced Commitments Reduced Date Falling on or by the Following to the Following Nearest to: Amounts Amounts September 30-------------- ---------- March 31, 1997 $ 9,500,000 $85,500,000 September 1998 68,250,000 June 30, 1998 $ 9,500,000 $76,000,000 September 30, 1999 $14,250,000 $61,750,000 66,500,000 Credit Agreement September 30, 1998 64,750,000 December 31, 1998 63,000,000 March 31, 1999 59,062,500 June 30, 1999 55,125,000 September 30, 1999 51,187,500 December 31, 1999 47,250,000 March 31, 2000 $14,250,000 $47,500,000 43,312,500 June 30, 2000 39,375,000 September 30, 2000 35,437,500 December 31, 2000 31,500,000 March 31, 2001 27,562,500 June 30, 2001 23,625,000 September 30, 2001 $14,250,000 $33,250,000 19,687,500 December 31, 2001 15,750,000 March 31, 2002 $33,250,000 $ 11,812,500 June 30, 2002 7,875,000 September 30, 2002 3,937,500 December 31, 2002 0 (b) Any portion of the Facility A and Facility B Term Loan Commitments not used on the Closing Date shall be automatically terminated. (c) The Company Borrower shall have the right at any time or from time to time (i) so long as no Revolving Credit Loans or Letter of Credit Liabilities are outstanding, to terminate the Revolving Credit Commitments, (ii) to reduce the aggregate un- utilized unutilized amount of the Revolving Credit Commitments (for which purpose use of the Revolving Credit Commitments shall be deemed to include the aggregate amount of Letter of Credit Liabili- ties), Liabilities) and (iii) to terminate both (and not just one) of the Facility A and Facility B Term Loan Commitments; provided that (x) the Company Borrower shall give notice of each such termination or reduction as provided in Section 4.05 hereof and (y) each partial reduction of either the Revolving Credit Commitments, the Facility A Term Loan Commitments or the Facility B Term Loan Commitments shall be in an aggregate amount at least equal to $5,000,000 (or a larger multiple of $1,000,000). In addition, the Revolving Credit Commitments shall be automatically reduced to the extent required pursuant to Section 2.10(f) hereof. (dc) Each partial reduction in the aggregate amount of the Revolving Credit Commitments pursuant to paragraph (b)(ii) above, or Section 2.04(c2.10(f) or 2.10 hereof hereof, on any date shall be applied to the scheduled reductions set forth in the schedule in paragraph (a) above Revolving Credit Commitments ratably as fol- lowsfollows: each such reduction shall result in an automatic and simultaneous reduction (but not below zero) of the respective amounts aggregate amount of Revolving Credit Commitments set forth in column (B) at the end of in paragraph (a) above (ratably in accordance with the respective remaining amounts thereof, after giving effect to any prior reductions pursuant to this paragraph (dc)), with appropriate reductions . Credit Agreement (but not below zerod) being made to the respective amounts set forth in column (C) of said paragraph (a) after giving effect to such reduction Any portion of the amounts in said column (B)Term Loan Commitments not used on the Effective Date shall be automatically terminated on the Effective Date. (e) The Commitments once terminated or reduced may not be reinstated.

Changes of Commitments. (a) The aggregate amount of the Revolving Credit Commitments shall be automatically reduced to zero at the close of business on the Re- volving Revolving Credit Commitment Termination Date. In addition, the aggregate amount of the Revolving Credit Commitments shall be automatically reduced at the opening of business on each Revolving Credit Commitment Re- duction Reduction Date set forth in column (A) below, (x) by an below to the amount (subject to reduction pursuant to paragraph (d) below) equal to the amount set forth in column (B) below opposite such Revolv- ing Credit Commitment Reduction Date, (y) to an amount (subject to reduction pursuant to paragraph (d) below) equal to the amount set forth in column (C) below opposite such Revolving Credit Commitment Reduction Date: (A) (B) (C) Revolving Credit Revolving Credit Commitment Revolving Credit Commitment Reduction Commitments Reduced Commitments Reduced Date Falling on or by the Following Reduced to the Following Nearest to: Amounts Amounts September ($): March 31, 2000 $390,000,000 June 30, 1997 $ 9,500,000 2000 $85,500,000 September 30, 1998 $ 9,500,000 $76,000,000 September 30, 1999 $14,250,000 $61,750,000 Credit Agreement 380,000,000 September 30, 2000 $14,250,000 370,000,000 December 31, 2000 $47,500,000 360,000,000 March 31, 2001 $339,250,000 June 30, 2001 $318,500,000 September 30, 2001 $14,250,000 297,750,000 December 31, 2001 $33,250,000 277,000,000 March 31, 2002 $33,250,000 256,250,000 June 30, 2002 $235,500,000 September 30, 2002 $214,750,000 December 31, 2002 $194,000,000 March 31, 2003 $173,250,000 June 30, 2003 $152,500,000 September 30, 2003 $131,750,000 December 31, 2003 $111,000,000 March 31, 2004 $ 83,250,000 Credit Agreement June 30, 2004 $ 55,500,000 September 30, 2004 $ 27,750,000 December 31, 2004 $ 0 (b) Any portion of the Facility A and Facility B Term Loan Commitments not used on the Closing Date shall be automatically terminated. (c) The Company Borrower shall have the right at any time or from time to time (i) to terminate or to reduce the aggregate unused amount of the Tranche A Term Loan Commitments or the Tranche C Term Loan Commitments, (ii) so long as no Revolving Credit Loans or Letter of Credit Liabilities are outstanding, to terminate the Revolving Credit Commitments, Commitments and (iiiii) to reduce the aggregate un- utilized unused amount of the Revolving Credit Commitments (for which purpose use of the Revolving Credit Commitments shall be deemed to include the aggregate amount of Letter of Credit Liabili- tiesLiabilities), and (iii) to terminate both (and not just one) of the Facility A and Facility B Term Loan Commitments; provided that (xi) the Company Borrower shall give notice of each such termination or reduction as provided in Section 4.05 hereof and (yii) each partial reduction of either the Revolving Credit Commitments, the Facility A Term Loan Commitments or the Facility B Term Loan Commitments shall be in an aggregate amount at least equal to $5,000,000 (or a larger multiple and in integral multiples of $1,000,000)1,000,000 in excess thereof. (c) The Commitments shall automatically reduce as provided in Section 2.09 hereof. (d) Each reduction in the aggregate amount of the Revolving Credit Commitments pursuant to paragraph (b) above, or pursuant to Section 2.04(c) or 2.10 hereof 2.09 hereof, on any date shall be applied to the reductions set forth in the schedule in paragraph (a) above ratably as fol- lows: each such reduction shall result in an automatic and simultaneous reduction (but not below zero) in the aggregate amount of the respective amounts set forth Revolving Credit Commitments for each Revolving Credit Commitment Reduction Date (as reflected in column (B) at the end of paragraph (a) above (ratably above) after such date in accordance with the respective remaining amounts thereof, after giving effect to any prior reductions pursuant to this paragraph (d)), with appropriate reductions (but not below zero) being made an amount equal to the respective amounts set forth in column (C) amount of said paragraph (a) after giving effect to such reduction of the amounts in said column (B)reduction. (e) The aggregate amount of the Tranche A Term Loan Commitments shall be automatically reduced to zero at the close of business on the Restatement Effective Date. (f) The aggregate amount of the Tranche C Term Loan Commitments shall be automatically reduced to zero at the close of business on the Tranche C Term Loan Commitment Termination Date. (g) The Commitments once terminated or reduced may not be reinstated.

Changes of Commitments. (a) The aggregate amount of the Revolving Credit Commitments shall be automatically reduced to zero on the Re- volving Revolving Credit Commitment Termination Date. In addition, the aggregate amount of the Revolving Credit Commitments shall be automatically reduced on each Revolving Credit Commitment Re- duction Reduction Date set forth in column (A) below, (x) by an below to the amount (subject to reduction pursuant to paragraph (dc) below) equal to the amount set forth in column (B) below opposite such Revolv- ing Credit Commitment Reduction Date, (y) to an amount (subject to reduction pursuant to paragraph (d) below) equal to the amount set forth in column (C) below opposite such Revolving Credit Commitment Reduction Date: (A) (B) (C) Revolving Credit Revolving Credit Revolving Credit Commitment Reduction Commitments Reduced Commitments Reduced Date Falling on or by the Following to the Following Nearest toTo: Amounts Amounts September ----------- -------------------- March 31, 1999 $87,750,000 June 30, 1997 $ 9,500,000 $1999 85,500,000 September 30, 1998 $ 9,500,000 $1999 83,250,000 December 31, 1999 81,000,000 March 31, 2000 78,500,000 June 30, 2000 76,000,000 September 30, 1999 $14,250,000 $61,750,000 Credit Agreement September 2000 73,500,000 December 31, 2000 71,000,000 March 31, 2001 68,500,000 June 30, 2000 $14,250,000 $47,500,000 2001 66,000,000 September 30, 2001 $14,250,000 $33,250,000 63,500,000 December 31, 2001 61,000,000 March 31, 2002 $33,250,000 $ 55,937,500 June 30, 2002 50,875,000 September 30, 2002 45,812,500 December 31, 2002 40,750,000 March 31, 2003 35,687,500 June 30, 2003 30,625,000 September 30, 2003 25,562,500 December 31, 2003 20,500,000 March 31, 2004 10,250,000 June 30, 2004 0 (b) Any portion of the Facility A and Facility B Term Loan Commitments not used on the Closing Date shall be automatically terminated. (c) The Company Borrower shall have the right at any time or from time to time (i) so long as no Revolving Credit Loans or Letter of Credit Liabilities are outstanding, to terminate the Revolving Credit Commitments, (ii) to reduce the aggregate un- utilized CREDIT AGREEMENT unutilized amount of the Revolving Credit Commitments (for which purpose use of the Revolving Credit Commitments shall be deemed to include the aggregate amount of Letter of Credit Liabili- ties), and (iii) to terminate both (and not just one) reduce the aggregate unutilized amount of the Facility A Sterling Sub-Limits and Facility B (iv) to terminate the Term Loan Commitments; provided PROVIDED that (x) the Company Borrower shall give notice of each such termination or reduction as provided in Section 4.05 hereof and (y) each partial reduction of either the Revolving Credit Commitments, the Facility A Term Loan Commitments or the Facility B Term Loan Commitments shall be in an aggregate amount at least equal to $5,000,000 (or a larger multiple of $1,000,000). In addition, the Revolving Credit Commitments (including the Sterling Sub-Limits) shall be automatically reduced to the extent required pursuant to Section 2.10(f) hereof. (dc) Each partial reduction in the aggregate amount of the Revolving Credit Commitments pursuant to paragraph (b)(ii) above, or Section 2.04(c2.10(f) or 2.10 hereof hereof, on any date shall be applied to the scheduled reductions set forth in the schedule in paragraph (a) above Revolving Credit Commitments ratably as fol- lowsfollows: each such reduction shall result in an automatic and simultaneous reduction (but not below zero) of the respective amounts aggregate amount of Revolving Credit Commitments set forth in column (B) at the end of in paragraph (a) above (ratably in accordance with the respective remaining amounts thereof, after giving effect to any prior reductions pursuant to this paragraph (dc)), with appropriate reductions . (d) Each reduction in the aggregate amount of the Revolving Credit Commitments shall result in an automatic and simultaneous ratable reduction (but not below zero) being made to the respective amounts set forth in column (C) of said paragraph (a) after giving effect to such reduction of the amounts in said column (B)aggregate amount of the Sterling Sub-Limits. (e) Any portion of the Tranche A Term Loan Commitments not used on the Effective Date shall be automatically terminated on the Effective Date. Any portion of the Incremental Term Loan Commitments not used on the Incremental Term Loan Commitment Termination Date shall be automatically terminated on the Incremental Term Loan Commitment Termination Date. (f) The Commitments once terminated or reduced may not be reinstated.. CREDIT AGREEMENT