Common use of Commitments and Facility Limits Clause in Contracts

Commitments and Facility Limits. (1) The Accommodations Outstanding: (a) owing to (i) all Lenders shall not, at any time, exceed the Aggregate Commitment, (ii) each Lender, shall not at any time exceed such Lender’s Commitment; (b) owing to the Swing Line Lender shall not, at any time, exceed the Swing Line Commitment; and (c) owing to all Lenders and the Swing Line Lender in the aggregate shall not, at any time, exceed the Aggregate Commitment. (2) The Credit Facility shall revolve and, except as otherwise provided herein, no payment under the Credit Facility shall reduce the Commitments. Swing Line Advances shall be available on a revolving basis and, except as otherwise provided herein, no payment of Swing Line Advances or other repayment of Accommodations under the Swing Line Commitment shall reduce the Swing Line Commitment. (3) Notwithstanding the Aggregate Commitment, Accommodations under the Credit Facility (including the Existing Documentary Credits) shall be limited to an aggregate principal amount of $135,000,0000 (“Tranche 1”) from the Closing Date until the Second Lien Notes Repayment Date, for the purposes specified in Section 2.03(1). The remaining $165,000,0000 portion of the Credit Facility (“Tranche 2”) shall be available on and after November 8, 2013 for the purposes specified in Section 2.03(2). To the extent the initial Accommodations under Tranche 2 are not drawn and applied to repay all obligations under and in respect of the Second Lien Senior Notes in full prior to November 30, 2013, Tranche 2 shall terminate and no longer be available and the Aggregate Commitment shall be permanently reduced by a corresponding amount. The Swing Line Commitment (i) shall be nil on the Closing Date; (ii) until the Second Lien Notes Repayment Date shall be limited to the face amount of any Documentary Credits issued in accordance with Section 5.01(3); and (iii) thereafter shall be the amount determined in accordance with the definition thereof. (4) A conversion from one Type of Accommodation to another Type of Accommodation shall not constitute a repayment, prepayment, novation or new indebtedness.

Commitments and Facility Limits. (1) The Accommodations OutstandingBorrower shall at all times cause: (a) owing the Outstandings under the Term Facility to (i) all Lenders shall not, be no greater than the Term Facility Aggregate Commitment at any such time, exceed the Aggregate Commitment, (ii) each Lender, shall not at any time exceed such Lender’s Commitment;; and (b) owing the Outstandings under the Revolving Facility to be no greater than the Swing Line Lender shall not, at any time, exceed the Swing Line Commitment; and (c) owing to all Lenders and the Swing Line Lender in the aggregate shall not, at any time, exceed the Revolving Facility Aggregate Commitment. (2) Any portion of the Term Facility Aggregate Commitment which is not utilized by the Borrower by March 31, 1998 shall automatically be canceled. The Credit Term Facility shall not revolve and, except as otherwise provided herein, no payment and any amount repaid or prepaid under the Credit Term Facility shall not be reborrowed and shall reduce the CommitmentsTerm Facility Aggregate Commitment by the amount repaid or prepaid, with the exception however of the repayment to the Lenders who have executed and entered into the Existing Credit Agreement on the date of this Agreement of an aggregate amount equal to the Pro Rata Share of The Bank of Nova Scotia in respect of the Term Facility, which amount shall have been borrowed immediately prior to such repayment by the Borrower from The Bank of Nova Scotia (such borrowing to be subject to an irrevocable direction and instruction on the part of the Borrower to The Bank of Nova Scotia to effect the above-mentioned repayment to the Lenders having entered into and executed the Existing Credit Agreement). Swing Line Advances shall be available on a revolving basis andUpon any reduction of the Term Facility Aggregate Commitment, except as otherwise provided herein, no payment the Individual Commitment of Swing Line Advances or other repayment of Accommodations each Lender under the Swing Line Commitment Term Facility shall reduce thereupon be reduced by an amount equal to such Lender's Pro Rata Share of the Swing Line amount of such reduction of the Term Facility Aggregate Commitment. (3) Notwithstanding All or any portion of the Revolving Facility Aggregate Commitment which is not utilized by the Borrower on Closing may be utilized from time to time thereafter but prior to the Revolving Facility Maturity Date on the terms and conditions of this Agreement. The Revolving Facility shall revolve and no payment under the Revolving Facility shall, of itself, reduce the Revolving Facility Aggregate Commitment. All or any portion of the Revolving Facility Aggregate Commitment may be canceled at any time by written notice from the Borrower to the Agent in accordance with SECTION 2.7(1). Upon any reduction of the Revolving Facility Aggregate Commitment, Accommodations the Individual Commitment of each Lender under the Credit Revolving Facility (including shall thereupon be reduced by an amount equal to such Lender's Pro Rata Share of the Existing Documentary Credits) shall be limited to an aggregate principal amount of $135,000,0000 (“Tranche 1”) from the Closing Date until the Second Lien Notes Repayment Date, for the purposes specified in Section 2.03(1). The remaining $165,000,0000 portion such reduction of the Credit Revolving Facility (“Tranche 2”) shall be available on and after November 8, 2013 for the purposes specified in Section 2.03(2). To the extent the initial Accommodations under Tranche 2 are not drawn and applied to repay all obligations under and in respect of the Second Lien Senior Notes in full prior to November 30, 2013, Tranche 2 shall terminate and no longer be available and the Aggregate Commitment shall be permanently reduced by a corresponding amount. The Swing Line Commitment (i) shall be nil on the Closing Date; (ii) until the Second Lien Notes Repayment Date shall be limited to the face amount of any Documentary Credits issued in accordance with Section 5.01(3); and (iii) thereafter shall be the amount determined in accordance with the definition thereofCommitment. (4) A conversion from one Type Notwithstanding any other provision of the Credit Documents, the Credit Facilities shall automatically be canceled and all obligations of the Agent and the Lenders under the Credit Documents shall automatically terminate on July 15, 1997 (without affecting any obligations of the Borrower under any of the Credit Documents, including all the Borrower's obligations under SECTIONS 10.7 through 10.10, and under any Fee Agreements) if an Accommodation under the Term Facility has not been made prior to another Type of Accommodation shall not constitute a repayment, prepayment, novation or new indebtednesssuch date.

Commitments and Facility Limits. (1) The Accommodations Outstanding: (a) owing to Outstanding (i) to all Revolving Lenders under the Revolving Facility shall not, not at any time, time exceed the Aggregate Revolving Commitment, ; and (ii) to each Lender, Revolving Lender under the Revolving Facility shall not at any time exceed such Lender’s Commitment; Commitment under the Revolving Facility (bprovided, for greater certainty, that the Issuing Lender’s Commitment under the Revolving Facility shall not be reduced by more than its ratable portion of the Accommodations Outstanding by Letters of Credit made or to be made by it in its capacity as Issuing Lender). The Accommodations Outstanding (i) owing to the Swing Line Lender all Facility B Lenders under Facility B shall not, not at any time, time exceed the Swing Line Facility B Commitment; and and (cii) owing to each Facility B Lender under Facility B shall not at any time exceed such Lender’s Commitment under Facility B. The Accommodations Outstanding (i) to all Facility B-1 Lenders and under the Swing Line Lender in the aggregate Facility B-1 Tranche shall not, not at any time, time exceed the Facility B-1 Commitment; and (ii) to each Facility B-1 Lender under the Facility B-1 Tranche shall not at any time exceed such Lender’s Commitment under the Facility B-1 Tranche. The Accommodations Outstanding (i) to all Facility B-2 Lenders under the Facility B-2 Tranche shall not at any time exceed the Facility B-2 Commitment; and (ii) to each Facility B-2 Lender under the Facility B-2 Tranche shall not at any time exceed such Lender’s Commitment under the Facility B-2 Tranche. The Aggregate CommitmentFace Amount of Letters of Credit Outstanding shall not at any time exceed C$50,000,000. (2) The Credit Revolving Facility shall revolve and, except as otherwise provided herein, no payment under the Credit Revolving Facility shall reduce the Commitments. Swing Line Advances shall be available on a revolving basis and, except as otherwise provided herein, no payment of Swing Line Advances Revolving Commitment or other repayment of Accommodations any Lender’s Commitment under the Swing Line Commitment Revolving Facility. Facility B shall not revolve and any amount repaid or prepaid under Facility B cannot be reborrowed and shall reduce the Swing Line CommitmentFacility B Commitment by the amount repaid or prepaid. (3) Notwithstanding the Aggregate Commitment, Accommodations under the Credit Facility (including the Existing Documentary Credits) shall be limited to an aggregate principal amount of $135,000,0000 (“Tranche 1”) from the Closing Date until the Second Lien Notes Repayment Date, for the purposes specified in Section 2.03(1). The remaining $165,000,0000 portion of the Credit Facility (“Tranche 2”) shall be available on and after November 8, 2013 for the purposes specified in Section 2.03(2). To the extent the initial Accommodations under Tranche 2 are not drawn and applied to repay all obligations under and in respect of the Second Lien Senior Notes in full prior to November 30, 2013, Tranche 2 shall terminate and no longer be available and the Aggregate Commitment shall be permanently reduced by a corresponding amount. The Swing Line Commitment (i) shall be nil on the Closing Date; (ii) until the Second Lien Notes Repayment Date shall be limited to the face amount of any Documentary Credits issued in accordance with Section 5.01(3); and (iii) thereafter shall be the amount determined in accordance with the definition thereof. (4) A conversion from one Type of Accommodation to another Type of Accommodation shall not constitute a repayment, repayment or prepayment, novation or new indebtedness.

Commitments and Facility Limits. (1) The Accommodations Outstanding: (a) owing to (i) all Canadian Revolving Credit Lenders shall not, not at any time, time exceed the Aggregate Revolving Credit Commitment, (ii) and owing to each Lender, Canadian Revolving Credit Lender shall not at any time exceed such Lender’s Canadian Revolving Credit Commitment; (b) owing to all U.S. Revolving Credit Lenders shall not at any time exceed the Revolving Credit Commitment, and owing to each U.S. Revolving Credit Lender shall not at any time exceed such Lender’s U.S. Revolving Credit Commitment; (c) owing to any Canadian Swing Line Lender shall not, at any time, exceed the Canadian Swing Line Commitment; andCommitment of such Canadian Swing Line Lender; (cd) owing to all Term Loan Lenders and the Swing Line Lender in the aggregate shall not, at any time, exceed the Aggregate Term Loan Commitment, and owing to each Term Loan Lender shall not at any time exceed such Term Loan Lender’s Term Loan Commitment; and (e) owing to all Documentary Credit Lenders shall not, at any time, exceed the Documentary Credit Commitment and owing to each Documentary Credit Lender shall not, at any time, exceed such Lender’s Documentary Credit Commitment. (2) The Revolving Credit Facility Facilities shall revolve and, except as otherwise provided herein, no payment under the Revolving Credit Facility Facilities shall reduce the Revolving Credit Commitments. Canadian Swing Line Advances shall be available on a revolving basis and, except as otherwise provided herein, no payment of Canadian Swing Line Advances or other repayment of Accommodations under the Swing Line Commitment shall reduce the Canadian Swing Line Commitment. The Term Loan Facility shall not revolve and any amount repaid or prepaid, as the case may be, under the Term Loan Facility cannot be reborrowed. (3) Notwithstanding the Aggregate Commitment, Accommodations under the Credit Term Loan Facility (including the Existing Documentary Credits) shall be limited to an aggregate principal amount made available in a single drawing on the Closing Date. The unused portion of $135,000,0000 (“Tranche 1”) from the Term Loan Commitment shall be permanently cancelled on the Closing Date until the Second Lien Notes Repayment Date, for the purposes specified in Section 2.03(1). The remaining $165,000,0000 portion of the Credit Facility (“Tranche 2”) shall be available on and after November 8, 2013 for the purposes specified in Section 2.03(2). To the extent the initial Accommodations under Tranche 2 are not drawn and applied to repay all obligations under and in respect of the Second Lien Senior Notes in full prior to November 30, 2013, Tranche 2 shall terminate and no longer be available and the Aggregate Term Loan Commitment shall be permanently reduced by a corresponding amount. The Swing Line Commitment (i) shall be nil on the Closing Date; (ii) until the Second Lien Notes Repayment Date shall be limited to the face amount of any Documentary Credits issued in accordance with Section 5.01(3); and (iii) thereafter shall be the amount determined in accordance with by which the definition thereofAccommodations Outstanding under the Term Loan Facility on such date are less than the Term Loan Commitment on such date. (4) A conversion from one Type of Accommodation to another Type of Accommodation shall not constitute a repayment, repayment or prepayment, novation or new indebtedness.

Commitments and Facility Limits. (1) The Accommodations Outstanding: (a) owing Outstanding under the Operating Facility to (i) all Lenders Operating Lenders, shall not, not at any time, time exceed the Aggregate Operating Commitment, ; and (ii) each Operating Lender, shall not at any time exceed such Lender’s Operating Commitment; . The Accommodations Outstanding under the Term A Facility to (bi) owing all Term A Lenders, shall not at any time exceed the Term A Commitment and (ii) each Term A Lender shall not at any time exceed such Lender’s Term A Commitment. The Accommodations Outstanding under the Term B Facility to (i) all Term B Lenders, shall not at any time exceed the Term B Commitment; and (ii) each Term B Lender, shall not at any time exceed such Lender’s Term B Commitment. The aggregate Face Amount of all Documentary Credits outstanding to the Swing Line Documentary Credit Lender shall not, not at any time, time exceed the Swing Line Documentary Credit Lender’s Commitment; and (c) owing . The Accommodations Outstanding to all Lenders and the Swing Line Swingline Lender in the aggregate shall not, not at any time, time exceed the Aggregate Swingline Lender’s Commitment. (2) The Credit Operating Facility shall revolve and, except as otherwise provided herein, and no payment under the Credit Operating Facility shall reduce the CommitmentsOperating Commitment or the Lender’s Operating Commitment. Swing Line Advances The Term A Facility does not revolve and any amount repaid or prepaid, as the case may be, under the Term A Facility cannot be reborrowed and the Term A Commitment (and each lender’s Term A Commitment rateably) shall be available on a revolving basis andreduced by the amount repaid or prepaid, except as otherwise provided hereinthe case may be. The Term B Facility does not revolve and any amount repaid or prepaid, no payment of Swing Line Advances or other repayment of Accommodations as the case may be, under the Swing Line Term B Facility cannot be reborrowed and the Term B Commitment (and each Lender’s Term B Commitment, rateably) shall reduce be reduced by the Swing Line Commitmentamount repaid or prepaid, as the case may be. (3) Notwithstanding the Aggregate Commitment, Accommodations under the Credit Term A Facility (including the Existing Documentary Credits) shall be limited made available to an aggregate principal amount of $135,000,0000 (“Tranche 1”) from SGC in a single Borrowing on the Closing Date until the Second Lien Notes Repayment Purchase Price Adjustment Date, for the purposes specified in Section 2.03(1). The remaining $165,000,0000 unused portion of the Credit Facility (“Tranche 2”) Term A Commitment shall be available permanently cancelled on and after November 8, 2013 for the purposes specified in Section 2.03(2). To date immediately following the extent the initial Accommodations under Tranche 2 are not drawn and applied to repay all obligations under and in respect of the Second Lien Senior Notes in full prior to November 30, 2013, Tranche 2 shall terminate and no longer be available Purchase Price Adjustment Date and the Aggregate Term A Commitment shall be permanently reduced by a corresponding amountthe amount by which the Accommodations Outstanding under the Term A Facility on such date is less than the Term A Commitment. The Swing Line Term A Commitment (i) shall be nil permanently cancelled on the 180th day following the Closing Date (the “Term A Cancellation Date”) if the Purchase Price Adjustment Date has not occurred by such time unless the Term A Lenders agree to extend the Term A Cancellation Date; provided that if the Term A Cancellation Date is later than the date which is 180 days after the Closing Date; (ii) until , then the Second Lien Notes Relevant Repayment Date in respect of the Term A Facility shall be limited automatically amended to be a date which is 180 days prior to the face amount Relevant Repayment Date in respect of any Documentary Credits issued in accordance with Section 5.01(3); and (iii) thereafter shall be the amount determined in accordance with the definition thereofTerm B Facility. (4) Accommodations under the Term B Facility shall be made available in a separate ABR Advance to each of the Borrowers on the Closing Date in an aggregate amount not to exceed the Term B Commitment. The unused portion of the Term B Commitment shall be permanently cancelled on the date immediately following each such single drawing on the Closing Date and the Term B Commitment shall be permanently reduced by the amount by which the Accommodations Outstanding under the Term B Facility on such date are less than the Term B Commitment. Each Borrower shall pay principal and interest in respect of the Accommodations that are made to such Borrower as required hereunder prior to the occurrence of an Event of Default. Upon the occurrence of an Event of Default, the Borrowers shall be jointly and severally liable for all of their obligations hereunder. At the Borrower’s option, all or a portion of the initial Accommodation under the Term B Facility may be converted into Eurodollar Rate Advances commencing on the earlier of the date on which the syndication of the Credit Facilities have been successfully completed and 30 days after the Closing Date, and subsequently may be further converted as contemplated by Section 3.03(2). (5) A conversion from one Type of Accommodation or Advance to another Type of Accommodation or Advance shall not constitute a repaymentnovation, repayment or prepayment, novation or new indebtedness.

Commitments and Facility Limits. (1) The Accommodations Outstanding: (a) owing Outstanding under the Operating Facility to (i) all Lenders Operating Lenders, shall not, not at any time, time exceed the Aggregate lesser of (A) the Operating Commitment, and (B) the Borrowing Base (the "Operating Availability Limit") ; and (ii) each Operating Lender, shall not at any time exceed such Lender’s 's rateable share of the Operating Availability Limit.. The Accommodations Outstanding under the Tranche A Credit Facility to (i) all Tranche A Lenders, shall not at any time exceed the Tranche A Commitment; ; and (bii) owing each Tranche A Lender, shall not at any time exceed such Lender's Tranche A Commitment The Accommodations Outstanding under the Tranche B Credit Facility to (i) all Tranche B Lenders, shall not at any time exceed the Tranche B Commitment and (ii) each Tranche B Lender, shall not at any time exceed such Lender's Tranche B Commitment. The aggregate Face Amount of all Documentary Credits outstanding to the Swing Line Documentary Credit Lender shall not, not at any time, time exceed the Swing Line Commitment; and (c) owing to all Lenders and the Swing Line Lender in the aggregate shall not, at any time, exceed the Aggregate Documentary Credit Lender's Commitment. (2) The Credit Operating Facility shall revolve and, except as otherwise provided herein, and no payment under the Credit Operating Facility shall reduce the CommitmentsOperating Commitment or the Lender's Operating Commitment. Swing Line Advances The Term Facilities shall not revolve and any amount repaid or prepaid, as the case may be, under the Term Facilities cannot be reborrowed and the Tranche A Commitment and Tranche B Commitment, as the case may be, (and each Lender's Tranche A Commitment and each Lender's Tranche B Commitment, rateably) shall be available on a revolving basis andreduced by the amount repaid or prepaid, except as otherwise provided herein, no payment of Swing Line Advances or other repayment of Accommodations under the Swing Line Commitment shall reduce the Swing Line Commitmentcase may be. (3) Notwithstanding the Aggregate Commitment, Accommodations under the Tranche A Credit Facility (including the Existing Documentary Credits) shall be limited to an aggregate principal amount made available in a single drawing by the Borrower on the Closing Date. The unused portion of $135,000,0000 (“the Tranche 1”) from A Commitment shall be permanently cancelled on the date immediately following the Closing Date until the Second Lien Notes Repayment Date, for the purposes specified in Section 2.03(1). The remaining $165,000,0000 portion of the Credit Facility (“Tranche 2”) shall be available on and after November 8, 2013 for the purposes specified in Section 2.03(2). To the extent the initial Accommodations under Tranche 2 are not drawn and applied to repay all obligations under and in respect of the Second Lien Senior Notes in full prior to November 30, 2013, Tranche 2 shall terminate and no longer be available and the Aggregate Tranche A Commitment shall be permanently reduced by a corresponding amount. The Swing Line Commitment (i) shall be nil on the Closing Date; (ii) until the Second Lien Notes Repayment Date shall be limited to the face amount of any Documentary Credits issued in accordance with Section 5.01(3); and (iii) thereafter shall be the amount determined in accordance with by which the definition thereofAccommodations Outstanding under the Tranche A Credit Facility on such date are less than the Tranche A Commitment. (4) Accommodations under the Tranche B Credit Facility shall be made available by way of multiple drawings from time to time until the date which is one year from the Closing Date. The unused portion of the Tranche B Commitment shall be permanently cancelled on the first Business Day after the first anniversary of the Closing Date and the Tranche B Commitment shall be permanently reduced by the amount by which the Accommodations Outstanding under the Tranche B Credit Facility on such date are less than the Tranche B Commitment on such date. (5) A conversion from one Type of Accommodation or Advance to another Type of Accommodation or Advance shall not constitute a repaymentnovation, repayment or prepayment, novation or new indebtedness.

Commitments and Facility Limits. (1) The Accommodations Outstanding: (a) owing to (i) all Revolving Credit Lenders shall not, not at any time, time exceed the Aggregate Revolving Credit Commitment, (ii) and owing to each Lender, Revolving Credit Lender shall not at any time exceed such Lender’s Revolving Credit Commitment; (b) owing to the any Swing Line Lender shall not, at any time, exceed the Swing Line Commitment; andCommitment of such Swing Line Lender; (c) owing to all Term Loan Lenders and the Swing Line Lender in the aggregate shall not, at any time, exceed the Aggregate Term Loan Commitment, and owing to each Term Loan Lender shall not at any time exceed such Term Loan Lender’s Term Loan Commitment; and (d) owing to all Documentary Credit Lenders shall not, at any time, exceed the Documentary Credit Commitment and owing to each Documentary Credit Lender shall not, at any time, exceed such Lender’s Documentary Credit Commitment. (2) The Revolving Credit Facility shall revolve and, except as otherwise provided herein, no payment under the Revolving Credit Facility shall reduce the Revolving Credit Commitments. Swing Line Advances shall be available on a revolving basis and, except as otherwise provided herein, no payment of Swing Line Advances or other repayment of Accommodations under the Swing Line Commitment shall reduce the Swing Line Commitment. The Term Loan Facility shall not revolve and any amount repaid or prepaid, as the case may be, under the Term Loan Facility cannot be reborrowed. (3) Notwithstanding the Aggregate Commitment, Accommodations under the Credit Term Loan Facility (including the Existing Documentary Credits) shall be limited to an aggregate principal amount made available in a single drawing on the Closing Date. The unused portion of $135,000,0000 (“Tranche 1”) from the Term Loan Commitment shall be permanently cancelled on the Closing Date until the Second Lien Notes Repayment Date, for the purposes specified in Section 2.03(1). The remaining $165,000,0000 portion of the Credit Facility (“Tranche 2”) shall be available on and after November 8, 2013 for the purposes specified in Section 2.03(2). To the extent the initial Accommodations under Tranche 2 are not drawn and applied to repay all obligations under and in respect of the Second Lien Senior Notes in full prior to November 30, 2013, Tranche 2 shall terminate and no longer be available and the Aggregate Term Loan Commitment shall be permanently reduced by a corresponding amount. The Swing Line Commitment (i) shall be nil on the Closing Date; (ii) until the Second Lien Notes Repayment Date shall be limited to the face amount of any Documentary Credits issued in accordance with Section 5.01(3); and (iii) thereafter shall be the amount determined in accordance with by which the definition thereofAccommodations Outstanding under the Term Loan Facility on such date are less than the Term Loan Commitment on such date. (4) A conversion from one Type of Accommodation to another Type of Accommodation shall not constitute a repayment, repayment or prepayment, novation or new indebtedness.