Common use of Commitment to Lend Clause in Contracts

Commitment to Lend. Subject to the terms and conditions set forth in this Credit Agreement, each of the Banks severally agrees to lend to the Borrower and the Borrower may borrow, repay, and reborrow from time to time from the Closing Date up to but not including the Revolving Credit Loan Maturity Date upon notice by the Borrower to the Agent given in accordance with Section 2.6, such sums as are requested by the Borrower up to a maximum aggregate amount outstanding (after giving effect to all amounts requested) at any one time equal to such Bank's Commitment, PROVIDED that the sum of the outstanding amount of the Revolving Credit Loans (after giving effect to all amounts requested) shall not at any time exceed the Total Commitment. The Revolving Credit Loans shall be made PRO RATA in accordance with each Bank's Commitment Percentage. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower that the conditions set forth in Section 11 and Section 12, in the case of the initial Revolving Credit Loans to be made on the Closing Date, and Section 12, in the case of all other Revolving Credit Loans, have been satisfied on the date of such request.

Commitment to Lend. Subject to the terms and conditions set forth in this Credit AgreementAgreement (including, without limitation, Section 2.11 hereof), each of the Banks Lenders severally agrees to lend to the Borrower Borrower, and the Borrower may borrow, repay, and reborrow from time to time from the Closing Date up to (but not including including) the Revolving Credit Loan Maturity Conversion Date upon notice by the Borrower to the Administrative Agent given in accordance with Section 2.62.7, such sums as are requested by the Borrower up to a maximum aggregate amount outstanding (after giving effect to all amounts requested) at any one time equal to such Bank's CommitmentBorrower, PROVIDED provided that the sum of the outstanding unpaid principal amount of the Revolving all Credit Loans (after giving effect to all amounts requested) shall not at any time exceed the lesser of (i) the Total CommitmentCommitment at such time and (ii) the Borrowing Base at such time. The Revolving Credit Loans shall be made PRO RATA pro rata in accordance with each Bank's Lender’s Commitment Percentage. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower that the conditions set forth in Section 11 and Section 12, in the case of the initial Revolving Credit Loans to be made on the Closing Date, and Section 12, in the case of all other Revolving Credit Loans, have been satisfied on the date of such request.

Commitment to Lend. Subject to the terms and conditions set forth in this Credit Agreement, each of the Banks severally agrees to lend to the Borrower and the Borrower may borrow, repay, repay and reborrow from time to time from between the Closing Date up to but not including and the Revolving Credit Loan Maturity Date Date, upon notice by the Borrower to the Agent given in accordance with Section 2.6, such sums as are may be requested by the Borrower up to a maximum aggregate amount outstanding (after giving effect to all amounts requested) at any one time equal to such Bank's Commitment, PROVIDED provided that the sum of the outstanding amount of the Revolving Credit Loans (after giving effect to all amounts requested) shall not at any time exceed the Total Commitment. The Revolving Credit Loans shall be made PRO RATA pro rata in accordance with each Bank's Commitment Percentage. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower that the conditions set forth in Section 11 and Section 12, in the case of the initial Revolving Credit Loans to be made on the Closing Date, and Section 12, in the case of all other Revolving Credit Loans, have been satisfied on the date of such request.

Commitment to Lend. Subject to the terms and conditions set forth in this Credit Agreement, each of the Banks Revolving Credit Lenders severally agrees to lend to the Borrower Borrowers, and the Borrower Borrowers may borrow, repay, and reborrow from time to time from between the Closing Effective Date up to but not including and the Revolving Credit Loan Maturity Date Date, upon notice by the Borrower to the Administrative Agent given in accordance with Section §2.6, such Lender’s Commitment Percentage of such sums as are requested by the Borrower up to a maximum Borrowers in the minimum aggregate amount of $500,000 or an integral multiple thereof; provided that, except as otherwise provided herein, the sum of the outstanding amount of Revolving Credit Loans (including the Swing Line Loans and after giving effect to all amounts requested) at any one time equal to such Bank's Commitment, PROVIDED that plus the sum of the outstanding amount of the Revolving Credit Loans (after giving effect to Maximum Drawing Amount and all amounts requested) Unpaid Reimbursement Obligations shall not at any time exceed the Total Commitment. The Revolving Credit Loans made hereunder shall be made PRO RATA pro rata in accordance with each Bank's Revolving Credit Lender’s Commitment Percentage. Each request for a Revolving Loan or Letter of Credit Loan hereunder shall constitute a representation and warranty by the Borrower Borrowers that the conditions set forth in Section 11 §10 and Section 12§11, in as the case of the initial Revolving Credit Loans to be made on the Closing Date, and Section 12, in the case of all other Revolving Credit Loansmay be, have been satisfied on the date of such request.

Commitment to Lend. Subject to the terms and conditions set forth in this Credit Agreement, each of the Banks severally agrees to lend to the Borrower and the Borrower may borrow, repay, and reborrow from time to time from between the Closing Date up to but not including and the Revolving Credit Loan Maturity Date upon notice by the Borrower to the Administrative Agent given in accordance with Section 2.6, such sums as are requested by the Borrower up to a maximum aggregate principal amount outstanding (after giving effect to all amounts requested) at any one time equal not to exceed such Bank's CommitmentCommitment minus the sum of (i) the aggregate principal amount of such Bank's outstanding Revolving Credit Loans and (ii) the amount by which the Competitive Loans outstanding at such time shall be deemed to have used such Commitment pursuant to 2.9 hereof, PROVIDED provided that the sum of the outstanding amount of the Revolving Credit Loans (after giving effect to all amounts requested) plus the outstanding amount of the Competitive Loans shall not at any time exceed the Total Commitment. The Revolving Credit Loans shall be made PRO RATA pro rata in accordance with each Bank's Commitment Percentage. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower that the conditions set forth in Section 11 10 and Section 1211.1, in the case of the initial Revolving Credit any Loans to be made on or prior to the Closing Date, and Section 1211.1, in the case of all other Revolving Credit Loans, have been satisfied on the date of such request. 2.2.

Commitment to Lend. Subject to the terms and conditions set forth in this Credit Agreement, each of the Banks severally agrees to lend to the Borrower Borrowers and the Borrower Borrowers may borrow, repay, and reborrow from time to time from between the Closing Date up to but not including and the Revolving Credit Loan Maturity Date upon notice by the Borrower Borrowers to the Agent given in accordance with Section 2.6, such Bank's Commitment Percentage of such sums as are requested by the Borrower up to a maximum Borrowers in the minimum aggregate amount outstanding (after giving effect to all amounts requested) at any one time equal to such Bank's Commitmentof $500,000 or an integral multiple thereof; provided, PROVIDED that the sum of except as otherwise provided herein, the outstanding amount of the Revolving Credit Loans (after giving effect to all amounts requested) and the Maximum Drawing Amount of the Letters of Credit shall not at any time exceed the Total CommitmentCommitment at any time. The Revolving Credit Loans made hereunder shall be made PRO RATA pro rata in accordance with each Bank's Commitment Percentage. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower Borrowers that the conditions set forth in Section 11 10 and Section 1211, in as the case of the initial Revolving Credit Loans to be made on the Closing Date, and Section 12, in the case of all other Revolving Credit Loansmay be, have been satisfied on the date of such request. Any unpaid Reimbursement Obligation under the Letters of Credit shall for all purposes be a Revolving Credit Loan hereunder.

Commitment to Lend. Subject to the terms and conditions set ------------------ forth in this Credit Agreement, each of the Banks severally agrees to lend to the Borrower and the Borrower may borrow, repay, and reborrow from time to time from between the Closing Date up to but not including and the Revolving Credit Loan Maturity Date upon notice by the Borrower to the Agent given in accordance with Section 2.6(S)2.6, such sums as are requested by the Borrower up to a maximum aggregate principal amount outstanding (after giving effect to all amounts requested) at any one time equal to such Bank's Commitment, PROVIDED provided that -------- the sum of the outstanding amount of the Revolving Credit Loans (after giving effect to all amounts requested) shall not at any time exceed the Total Commitment. The Revolving Credit Loans shall be made PRO RATA pro rata in --- ---- accordance with each Bank's Commitment Percentage. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower that the conditions set forth in Section 11 (S)10 and Section 12(S)11, in the case of the initial Revolving Credit Loans to be made on the Closing Date, and Section 12(S)11, in the case of all other Revolving Credit Loans, have been satisfied on the date of such request.

Commitment to Lend. Subject to the terms and conditions set forth in this Credit Agreement, each of the Banks severally agrees to lend to the Borrower and the Borrower may borrow, repay, and reborrow from time to time from the Closing Date up to but not including the Revolving Credit Loan Maturity Date upon notice by the Borrower to the Administrative Agent given in accordance with Section 2.6ss.2.6, such sums as are requested by the Borrower up to a maximum aggregate amount outstanding (after giving effect to all amounts requested) at any one time equal to such Bank's Commitment, PROVIDED provided that the sum of the outstanding amount of the Revolving Credit Loans (after giving effect to all amounts requested) shall not at any time exceed the Total Commitment. The Revolving Credit Loans shall be made PRO RATA pro rata in accordance with each Bank's Commitment Percentage. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower that the conditions set forth in Section 11 ss.12 and Section 12ss.13, in the case of the initial Revolving Credit Loans to be made on the Closing Date, and Section 12ss.13, in the case of all other Revolving Credit Loans, have been satisfied on the date of such request.

Commitment to Lend. Subject to the terms and conditions set forth in this Credit Agreement, each of the Banks severally agrees to lend to the Borrower and the Borrower may borrow, repay, and reborrow from time to time from the Closing Date up to but not including the Revolving Credit Loan Maturity Date upon notice by the Borrower to the Agent given in accordance with Section 2.6ss.2.6, such sums as are requested by the Borrower up to a maximum aggregate amount outstanding (after giving effect to all amounts requested) at any one time equal to such Bank's Commitment, PROVIDED that the sum of the outstanding amount of the Revolving Credit Loans (after giving effect to all amounts requested) shall not at any time exceed the Total Commitment. The Revolving Credit Loans shall be made PRO RATA in accordance with each Bank's Commitment Percentage. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower that the conditions set forth in Section 11 ss.10 and Section 12ss.11, in the case of the initial Revolving Credit Loans to be made on the Closing Date, and Section 12ss.11, in the case of all other Revolving Credit Loans, have been satisfied on the date of such request.

Commitment to Lend. Subject to the terms and conditions set forth in this Credit Agreement, each of the Banks severally agrees to lend to the Borrower Borrowers and the Borrower Borrowers may borrow, repay, and reborrow from time to time from between the Closing Date up to but not including and the Revolving Credit Loan Maturity Date upon notice by the Borrower Borrowers to the Agent given in accordance with Section 2.6ss.2.6, such Bank's Commitment Percentage of such sums as are requested by the Borrower up to a maximum Borrowers in the minimum aggregate amount outstanding (after giving effect to all amounts requested) at any one time equal to such Bank's Commitmentof $250,000 or an integral multiple thereof; provided, PROVIDED that the sum of except as otherwise provided herein, the outstanding amount of the Revolving Credit Loans (after giving effect to all amounts requested) and the Maximum Drawing Amount of the Letters of Credit shall not at any time exceed the Total CommitmentCommitment at any time. The Revolving Credit Loans made hereunder shall be made PRO RATA pro rata in accordance with each Bank's Commitment Percentage. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower Borrowers that the conditions set forth in Section 11 ss.10 and Section 12ss.11, in as the case of the initial Revolving Credit Loans to be made on the Closing Date, and Section 12, in the case of all other Revolving Credit Loansmay be, have been satisfied on the date of such request. Any unpaid Reimbursement Obligation under the Letters of Credit shall for all purposes be a Revolving Credit Loan hereunder.

Commitment to Lend. Subject to the terms and conditions set forth in this Credit Agreement, each of the Banks Lenders severally agrees to lend to the Borrower and the Borrower may borrow, repay, and reborrow from time to time from the Closing Date up to but not including the Revolving Credit Loan Maturity Date upon notice by the Borrower to the Administrative Agent given in accordance with Section §2.6, such sums as are requested by the Borrower up to a maximum aggregate amount outstanding (after giving effect to all amounts requested) at any one time equal to such Bank's Lender’s Commitment, PROVIDED provided that the sum of the outstanding amount of the Revolving Credit Loans (after giving effect to all amounts requested) shall not at any time exceed the Total CommitmentCommitment at such time. The Revolving Credit Loans shall be made PRO RATA pro rata in accordance with each Bank's Lender’s Commitment Percentage. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower that the conditions set forth in Section 11 §10 and Section 12§11, in the case of the initial Revolving Credit Loans to be made on the Closing Date, and Section 12§11, in the case of all other Revolving Credit Loans, have been satisfied on the date of such request.

Commitment to Lend. Subject to the terms and conditions set forth in this Credit Agreement, each of the Banks Lenders severally agrees to lend to the Borrower Borrower, and the Borrower may borrow, repay, borrow (and reborrow repay and reborrow) from time to time from between the Closing Date up to but not including and the Revolving Credit Loan Maturity Date upon notice by the Borrower to the Agent given in accordance with Section 2.6, such sums as are requested by the Borrower for the purposes set forth in Section 2.8 up to a maximum aggregate principal amount outstanding (after giving effect to all amounts requested) at any one time equal to the lesser of (a) such BankLender's CommitmentCommitment and (b) such Lender's Commitment Percentage of the Borrowing Base; provided, PROVIDED that, in all events no Default or Event of Default shall have occurred and be continuing; and provided, further, that the sum of the outstanding principal amount of the Revolving Credit Loans (after giving effect to all amounts requested) shall not at any time exceed the Total CommitmentCommitment or cause a violation of the covenant set forth in Section 9.1. The Revolving Credit Loans shall be made PRO RATA pro rata in accordance with each BankLender's Commitment Percentage. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower that all of the conditions set forth in Section 11 10 and Section 12, in the case of the initial Revolving Credit Loans to be made on the Closing Date, and Section 12, in the case of all other Revolving Credit Loans, 11 have been satisfied on the date of such request.

Commitment to Lend. (a) Subject to the terms and conditions set forth in this Credit Agreement, each of the Banks severally agrees to lend to the Borrower and the Borrower may borrow, repay, and reborrow from time to time from between the Closing Date up to but not including date of this Credit Agreement and the Revolving Credit Loan ST Maturity Date upon notice by the Borrower to the Administrative Agent given in accordance with Section 2.6, section 2.5 such sums as are requested by the Borrower up to a maximum aggregate principal amount outstanding (after giving effect to all amounts ST Loans then being requested) at any one time equal to such Bank's ST Commitment, PROVIDED provided that the sum of the outstanding amount of the Revolving Credit ST Loans (after giving effect to all amounts then being requested) shall not at any time exceed the Total ST Commitment. The Revolving Credit ST Loans shall be made PRO RATA pro rata in accordance with each Bank's ST Commitment Percentage. Each request for a Revolving Credit ST Loan hereunder shall constitute a representation and warranty by the Borrower that the conditions set forth in Section 11 section 8 and Section 12section 9, in the case of the initial Revolving Credit ST Loans to be made on the Closing Date, and Section 12section 9, in the case of all other Revolving Credit ST Loans, have been satisfied on the date of such request.

Commitment to Lend. Subject to the terms and conditions set forth in this Credit Agreement, each of the Banks severally agrees to lend to the Borrower and the Borrower may borrow, repay, and reborrow from time to time from between the Closing Date up to but not including date of this Credit Agreement and the Revolving Credit Loan Maturity Date upon notice by the Borrower to the Administrative Agent given in accordance with Section 2.6, 2.5 such sums as are requested by the Borrower up to a maximum aggregate principal amount outstanding (after giving effect to all amounts then being requested) at any one time equal to such Bank's Commitment, PROVIDED provided that the sum of the outstanding principal amount of the Revolving Credit Loans (after giving effect to all amounts then being requested) plus the outstanding principal amount of Swing Line Loans (after giving effect to all amounts then being requested) shall not at any time exceed the Total Commitment. The Revolving Credit Loans shall be made PRO RATA pro rata in accordance with each Bank's Commitment Percentage. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower that the conditions set forth in Section 11 8 and Section 129, in the case of the initial Revolving Credit Loans to be made on the Closing Date, and Section 129, in the case of all other Revolving Credit Loans, have been satisfied on the date of such request.

Commitment to Lend. Subject to the terms and conditions set forth in this Credit Agreement, each of the Banks severally agrees (i) on the Closing Date, to convert the loans outstanding and owed under the Prior Credit Agreement into Revolving Credit Loans under this Credit Agreement and (ii) to lend to the Borrower Borrowers and the Borrower Borrowers may borrow, repay, and reborrow from time to time from the Closing Date up to but not including the Revolving Credit Loan Maturity Date Date, upon notice by the Borrower Borrowers to the Agent given in accordance with Section 2.6ss.2.6, such sums its Commitment Percentage of the Revolving Credit Loans as are requested by the Borrower up to a maximum aggregate amount outstanding (after giving effect to all amounts requested) at any one time equal to such Bank's CommitmentParent on behalf of the Borrowers, PROVIDED provided that the sum of the outstanding amount of the Revolving Credit Loans (after giving effect to all amounts requested) ), Swing Line Loans, unpaid Reimbursement Obligations, and the Maximum Drawing Amount shall not exceed a maximum aggregate amount outstanding of $225,000,000 at any time exceed time, as such amount may be reduced or increased, as the case may be, pursuant to ss.2.2 hereof (the "Total Commitment"). The Revolving Credit Loans shall be made PRO RATA pro rata in accordance with each Bank's Commitment Percentage. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower Borrowers that the conditions set forth in Section 11 ss.9 and Section 12ss.10, in as the case of the initial Revolving Credit Loans to be made on the Closing Date, and Section 12, in the case of all other Revolving Credit Loansmay be, have been satisfied on the date of such request.

Commitment to Lend. Subject to the terms and conditions set forth in ------------------ this Credit Agreement, each of the Banks severally agrees to lend to the Borrower and the Borrower may borrow, repay, and reborrow from time to time from between the Closing Date up to but not including and the Revolving Credit Loan Maturity Date upon notice by the Borrower to the Agent given in accordance with Section 2.6(S)2.2, such sums as are requested by the Borrower up to a maximum aggregate principal amount outstanding (after giving effect to all amounts requested) at any one time equal to such Bank's Commitment, PROVIDED provided that the sum of the outstanding amount of the Revolving Credit Loans -------- (after giving effect to all amounts requested) shall not at any time exceed the Total Commitment. The Revolving Credit Loans shall be made PRO RATA pro rata in accordance with each --- ---- Bank's Commitment Percentage. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower that the conditions set forth in Section 11 (S)9 and Section 12(S)10, in the case of the initial Revolving Credit Loans to be made on the Closing Date, and Section 12(S)10, in the case of all other Revolving Credit Loans, have been satisfied on the date of such request.