Common use of Lenders’ Commitments Clause in Contracts

Lenders’ Commitments. Subject to the terms and conditions hereof, the relevant Lenders severally agree to extend credit to the Borrower hereunder from time to time provided that the aggregate amount of credit extended by each relevant Lender hereunder shall not at any time exceed the individual Commitment of such Lender. Nothing contained herein or in the other Financing Agreements shall constitute the Lenders as a partnership, and any indication thereof is hereby expressly denied. All credit requested hereunder other than under the Swingline Facility, shall be made available to the Borrower contemporaneously by all of the relevant Lenders. Each Lender shall provide to the Administrative Agent for the Borrower its Pro Rata Share of each credit. No Lender shall be responsible for any default by any other Lender in its obligation to provide its Pro Rata Share of any credit under any Loan nor shall the individual Commitment of any Lender with respect to a particular Loan be increased as a result of any such default of another Lender in extending credit under such Loan. The failure of any Lender to make available to the Borrower its Pro Rata Share of any credit under any Loan shall not relieve any other relevant Lender of its obligation hereunder to make available to the Borrower its Pro Rata Share of such credit under such Loan.

Lenders’ Commitments. Subject to the terms and conditions hereof, the relevant Lenders severally agree to extend credit to the Borrower hereunder under the Credit Facility from time to time provided that the aggregate amount of credit extended by each relevant Lender hereunder under the Credit Facility shall not at any time exceed the individual Individual Commitment of such Lender. Nothing contained herein or Lender and further provided that the aggregate amount of credit outstanding under the Credit Facility shall not at any time exceed the amount of the Credit Facility referred to in Section 2.1 as the other Financing Agreements shall constitute the Lenders as a partnership, and any indication thereof is hereby expressly deniedsame may be reduced pursuant to Section 2.4. All credit requested hereunder other than under the Swingline Facility, Credit Facility shall be made available to the Borrower contemporaneously by all of the relevant Lenders. Each Lender shall provide to the Administrative Agent for the Borrower its Pro Rata Share of each creditcredit in accordance with the terms hereof, whether such credit is extended by way of drawdown, rollover or conversion. No Lender shall be responsible for any default by any other Lender in its obligation to provide its Pro Rata Share of any credit under any Loan the Credit Facility nor shall the individual Individual Commitment of any Lender with respect to a particular Loan be increased as a result of any such default of another Lender in extending credit under such Loanthereunder. The failure of any Lender to make available to the Borrower its Pro Rata Share of any credit under any Loan the Credit Facility shall not relieve any other relevant Lender of its obligation hereunder to make available to the Borrower its Pro Rata Share of such credit under such Loanthereunder.

Lenders’ Commitments. (a) Subject to the terms and conditions hereofof this Agreement, the relevant Lenders severally agree to extend credit to the Borrower hereunder under the Facility from time to time provided that the aggregate principal amount of credit extended by each relevant Lender hereunder under the Facility shall not at any time exceed the individual Individual Commitment of such Lender. Nothing contained herein or in Lender and further provided that the other Financing Agreements aggregate principal amount of credit outstanding under the Facility shall constitute not at any time exceed the Lenders as a partnership, and any indication thereof is hereby expressly denied. amount of the Credit Limit. (b) All credit requested hereunder other than under the Swingline Facility, Facility shall be made available to the Borrower contemporaneously by all of the relevant Lenders. Each Lender shall provide to the Administrative Agent for the Borrower its Pro Rata Share of each credit. , whether such credit is extended by way of drawdown, rollover or conversion. (c) No Lender shall be responsible for any default by any other Lender in its obligation to provide its Pro Rata Share of any credit under any Loan nor shall the individual Individual Commitment of any Lender with respect to a particular Loan be increased as a result of any such default of another Lender in extending credit under such Loanthe Facility. The failure of any Lender to make available to the Borrower its Pro Rata Share of any credit under any Loan the Facility shall not relieve any other relevant Lender of its obligation hereunder under this Agreement to make available to the Borrower its Pro Rata Share of such credit under such Loancredit.

Lenders’ Commitments. Subject to the terms and conditions hereof, the relevant Lenders severally agree to extend credit to the Borrower hereunder under the Credit Facility from time to time provided that the aggregate amount of credit extended by each relevant Lender hereunder under the Credit Facility shall not at any time exceed the individual Individual Commitment of such Lender. Nothing contained herein or in Lender and further provided that the other Financing Agreements aggregate amount of credit outstanding under the Credit Facility shall constitute not at any time exceed the Lenders as a partnership, and any indication thereof is hereby expressly deniedamount of the Credit Facility. All credit requested hereunder other than under the Swingline Facility, Credit Facility shall be made available to the Borrower contemporaneously by all of the relevant Lenders. Each Lender shall provide to the Administrative Agent for the Borrower its Pro Rata Share of each credit, whether such credit is extended by way of drawdown, rollover or conversion. No Lender shall be responsible for any default by any other Lender in its obligation to provide its Pro Rata Share of any credit under any Loan the Credit Facility nor shall the individual Individual Commitment of any Lender with respect to a particular Loan be increased as a result of any such default of another Lender in extending credit under such Loanthe Credit Facility. The failure of any Lender to make available to the Borrower its Pro Rata Share of any credit under any Loan the Credit Facility shall not relieve any other relevant Lender of its obligation hereunder to make available to the Borrower its Pro Rata Share of such credit under such Loanthe Credit Facility.

Lenders’ Commitments. Subject to the terms and conditions hereof, the relevant Lenders severally agree to extend credit to the Borrower hereunder under the Credit Facility from time to time provided that the aggregate amount of credit extended by each relevant Lender hereunder under the Credit Facility shall not at any time exceed the individual Individual Commitment of such LenderLender and further provided that the aggregate amount of credit outstanding under the Credit Facility shall not at any time exceed the amount of the Credit Facility. Nothing contained herein or in Subject to the other Financing Agreements shall constitute the Lenders as a partnershipterms and conditions hereof, and any indication thereof is hereby expressly denied. All all credit requested hereunder other than under the Swingline Facility, Credit Facility shall be made available to the Borrower contemporaneously by all of the relevant Lenders. Each Lender shall provide to the Administrative Agent for the Borrower its Pro Rata Share of each relevant credit, whether such credit is extended by way of drawdown, rollover or conversion. No Lender shall be responsible for any default by any other Lender in its obligation to provide its Pro Rata Share of any credit under any Loan the Credit Facility nor shall the individual Individual Commitment of any Lender with respect to a particular Loan be increased as a result of any such default of another Lender in extending credit under such Loanthe Credit Facility. The failure of any Lender to make available to the a Borrower its Pro Rata Share of any credit under any Loan the Credit Facility shall not relieve any other relevant Lender of its obligation hereunder to make available to the Borrower its Pro Rata Share of such credit under such Loanthe Credit Facility.

Lenders’ Commitments. Subject to the terms and conditions hereof, the relevant Lenders severally agree to extend credit to Borrowers under the Borrower hereunder Credit Facility from time to time provided that the aggregate amount of credit extended by each relevant Lender hereunder under the Credit Facility shall not at any time exceed the individual Individual Commitment of such Lender. Nothing contained herein or in Lender and further provided that the other Financing Agreements aggregate amount of credit outstanding under the Credit Facility shall constitute not at any time exceed the Lenders as a partnership, and any indication thereof is hereby expressly deniedamount of the Credit Facility. All credit requested hereunder other than under the Swingline Facility, Credit Facility shall be made available to the Borrower Borrowers contemporaneously by all of the relevant Lenders. Each Lender shall provide to the Administrative Agent for the Borrower Borrowers its Pro Rata Share of each credit, whether such credit is extended by way of drawdown, rollover or conversion. No Lender shall be responsible for any default by any other Lender in its obligation to provide its Pro Rata Share of any credit under any Loan the Credit Facility nor shall the individual Individual Commitment of any Lender with respect to a particular Loan be increased as a result of any such default of another Lender in extending credit under such Loanthe Credit Facility. The failure of any Lender to make available to the Borrower Borrowers its Pro Rata Share of any credit under any Loan the Credit Facility shall not relieve any other relevant Lender of its obligation hereunder to make available to the Borrower Borrowers its Pro Rata Share of such credit under such Loanthe Credit Facility.

Lenders’ Commitments. Subject to the terms and conditions hereof, the relevant Lenders severally agree to extend credit to the Borrower hereunder under the relevant Credit Facility from time to time provided that the aggregate principal amount of credit extended by each relevant Lender hereunder under such Credit Facility shall not at any time exceed the individual Individual Commitment of such Lender. Nothing contained herein or in Lender with respect thereto and further provided that the other Financing Agreements aggregate principal amount of credit outstanding under such Credit Facility shall constitute not at any time exceed the Lenders as a partnership, and any indication thereof is hereby expressly deniedamount of the relevant Credit Limit. All credit requested hereunder other than under the Swingline Facility, a Credit Facility shall be made available to the Borrower contemporaneously by all of the relevant Lenders. Each Lender shall provide to the Administrative Agent for the Borrower its Pro Rata Share of each credit, whether such credit is extended by way of drawdown, rollover or conversion. No Lender shall be responsible for any default by any other Lender in its obligation to provide its Pro Rata Share of any credit under any Loan nor shall the individual Individual Commitment of any Lender with respect to a particular Loan be increased as a result of any such default of another Lender in extending credit under such Loanthe Credit Facilities. The failure of any Lender to make available to the Borrower its Pro Rata Share of any credit under any Loan a Credit Facility shall not relieve any other relevant Lender of its obligation hereunder to make available to the Borrower its Pro Rata Share of such credit under such Loancredit.

Lenders’ Commitments. Subject to the terms and conditions hereof, the relevant Lenders severally agree to extend credit to the Borrower hereunder under the Credit Facility from time to time provided that the aggregate amount of credit extended by each relevant Lender hereunder under the Credit Facility shall not at any time exceed the individual Individual Commitment of such Lender. Nothing contained herein or in Lender under the other Financing Agreements Credit Facility and further provided that the aggregate amount of credit outstanding under the Credit Facility shall constitute not at any time exceed the Lenders as a partnership, and any indication thereof is hereby expressly deniedCredit Limit. All credit requested hereunder other than under the Swingline Facility, Credit Facility shall be made available to the Borrower contemporaneously by all of the relevant Lenders. Each Lender shall provide to the Administrative Agent for the Borrower its Pro Rata Share of each credit, whether such credit is extended by way of drawdown, rollover or conversion. No Lender shall be responsible for any default by any other Lender in its obligation to provide its Pro Rata Share of any credit under any Loan the Credit Facility nor shall the individual Individual Commitment of any Lender with respect to a particular Loan be increased as a result of any such default of another Lender in extending credit under such Loanthe Credit Facility. The failure of any Lender to make available to the Borrower its Pro Rata Share of any credit under any Loan the Credit Facility shall not relieve any other relevant Lender of its obligation hereunder to make available to the Borrower its Pro Rata Share of such credit under such Loanthe Credit Facility.

Lenders’ Commitments. Subject to the terms and conditions hereof, the relevant Lenders severally agree to extend credit to the Borrower hereunder under the Credit Facility from time to time provided that the aggregate amount of credit extended by each relevant Lender hereunder under the Credit Facility shall not at any time exceed the individual Individual Commitment of such Lender. Nothing contained herein or in Lender under the other Financing Agreements Credit Facility and further provided that the aggregate amount of credit outstanding under the Credit Facility shall constitute not at any time exceed the Lenders as a partnership, and any indication thereof is hereby expressly deniedamount of the Credit Facility. All credit requested hereunder other than under the Swingline Facility, Credit Facility shall be made available to the Borrower contemporaneously by all of the relevant Lenders. Each Lender shall provide to the Administrative Agent for the Borrower its Pro Rata Share of each credit, whether such credit is extended by way of drawdown, rollover or conversion. No Lender shall be responsible for any default by any other Lender in its obligation to provide its Pro Rata Share of any credit under any Loan the Credit Facility nor shall the individual Individual Commitment of any Lender with respect to a particular Loan be increased as a result of any such default of another Lender in extending credit under such Loanthe Credit Facility. The failure of any Lender to make available to the Borrower its Pro Rata Share of any credit under any Loan the Credit Facility shall not relieve any other relevant Lender of its obligation hereunder to make available to the Borrower its Pro Rata Share of such credit under such Loanthe Credit Facility.

Lenders’ Commitments. Subject to the terms and conditions hereof, the relevant Lenders severally agree to extend credit to the Borrower hereunder under the Credit Facility from time to time provided that the aggregate amount of credit extended by each relevant Lender hereunder under the Credit Facility shall not at any time exceed the individual Individual Commitment of such Lender. Nothing contained herein or in Lender and further provided that the other Financing Agreements aggregate amount of credit outstanding under the Credit Facility shall constitute not at any time exceed the Lenders as a partnership, and any indication thereof is hereby expressly deniedamount of the Credit Limit. All credit requested hereunder other than under the Swingline Facility, Credit Facility shall be made available to the Borrower contemporaneously by all of the relevant Lenders. Each Lender shall provide to the Administrative Agent for the Borrower its Pro Rata Share of each creditcredit under the Credit Facility, whether such credit is extended by way of drawdown, rollover or conversion. No Lender shall be responsible for any default by any other Lender in its obligation to provide its Pro Rata Share of any credit under any Loan the Credit Facility nor shall the individual Individual Commitment of any Lender with respect to a particular Loan be increased as a result of any such default of another Lender in extending credit under such Loanthe Credit Facility. The failure of any Lender to make available to the Borrower its Pro Rata Share of any credit under any Loan the Credit Facility shall not relieve any other relevant Lender of its obligation hereunder to make available to the Borrower its Pro Rata Share of such credit under such Loanthe Credit Facility.

Lenders’ Commitments. Subject to the terms and conditions hereof, the relevant Lenders severally agree to extend credit to the Borrower hereunder Borrowers under the Credit Facility from time to time provided that the aggregate amount of credit extended by each relevant Lender hereunder under the Credit Facility shall not at any time exceed the individual Individual Commitment of such Lender. Nothing contained herein or in Lender and further provided that the other Financing Agreements aggregate amount of credit outstanding under the Credit Facility shall constitute not at any time exceed the Lenders as a partnership, and any indication thereof is hereby expressly deniedamount of the Credit Facility. All credit requested hereunder other than under the Swingline Facility, Credit Facility shall be made available to the relevant Borrower contemporaneously by all of the relevant Lenders. Each Lender shall provide to the Administrative Agent for the relevant Borrower its Pro Rata Share of each credit, whether such credit is extended by way of drawdown, rollover or conversion. No Lender shall be responsible for any default by any other Lender in its obligation to provide its Pro Rata Share of any credit under any Loan the Credit Facility nor shall the individual Individual Commitment of any Lender with respect to a particular Loan be increased as a result of any such default of another Lender in extending credit under such Loanthe Credit Facility. The failure of any Lender to make available to the relevant Borrower its Pro Rata Share of any credit under any Loan the Credit Facility shall not relieve any other relevant Lender of its obligation hereunder to make available to the such Borrower its Pro Rata Share of such credit under such Loanthe Credit Facility.

Lenders’ Commitments. Subject to the terms and conditions hereof, the relevant Lenders severally agree to extend credit to the Borrower hereunder under the Credit Facility from time to time provided that the aggregate amount of credit extended by each relevant Lender hereunder under the Credit Facility shall not at any time exceed the individual Individual Commitment of such Lender. Nothing contained herein or in Lender with respect thereto and further provided that the other Financing Agreements aggregate amount of credit outstanding under the Credit Facility shall constitute not at any time exceed the Lenders as a partnership, and any indication thereof is hereby expressly deniedamount of the Credit Facility. All credit requested hereunder other than under the Swingline Facility, Credit Facility shall be made available to the Borrower contemporaneously by all of the relevant Lenders. Each Lender shall provide to the Administrative Agent for the Borrower its Pro Rata Share of each the credit, whether such credit is extended by way of drawdown, rollover or conversion. No Lender shall be responsible for any default by any other Lender in its obligation to provide its Pro Rata Share of any the credit under any Loan the Credit Facility nor shall the individual Individual Commitment of any Lender with respect to a particular Loan be increased as a result of any such default of another Lender in extending credit under such Loanthe Credit Facility. The failure of any Lender to make available to the Borrower its Pro Rata Share of any the credit under any Loan the Credit Facility shall not relieve any other relevant Lender of its obligation hereunder to make available to the Borrower its Pro Rata Share of such credit under such Loanthe Credit Facility.

Lenders’ Commitments. Subject to the terms and conditions hereof, the relevant Lenders severally agree to extend credit to the relevant Borrower hereunder under each Credit Facility from time to time provided that the aggregate amount of credit extended by each relevant Lender hereunder under either Credit Facility shall not at any time exceed the individual Individual Commitment of such Lender. Nothing contained herein or in Lender under such Credit Facility and further provided that the other Financing Agreements aggregate amount of credit outstanding under such Credit Facility shall constitute not at any time exceed the Lenders as a partnership, and any indication thereof is hereby expressly deniedamount of such Credit Facility. All credit requested hereunder other than under the Swingline Facility, a particular Credit Facility shall be made available to the relevant Borrower contemporaneously by all of the relevant Lenders. Each Lender shall provide to the Administrative Agent for the relevant Borrower its Pro Rata Share of each credit, whether such credit is extended by way of drawdown, rollover or conversion. No Lender shall be responsible for any default by any other Lender in its obligation to provide its Pro Rata Share of any credit under any Loan a particular Credit Facility nor shall the individual Individual Commitment of any Lender with respect to a particular Loan be increased as a result of any such default of another Lender in extending credit under such LoanCredit Facility. The failure of any Lender to make available to the relevant Borrower its Pro Rata Share of any credit under any Loan a particular Credit Facility shall not relieve any other relevant Lender of its obligation hereunder to make available to the such Borrower its Pro Rata Share of such credit under such LoanCredit Facility. For certainty, all obligations of each Lender hereunder are its several obligations.

Lenders’ Commitments. Subject to the terms and conditions hereof, the relevant Lenders severally agree to extend credit Accommodations to the Borrower hereunder under the RT Facility from time to time provided that the aggregate amount of credit Accommodations extended by each relevant Lender hereunder under the RT Facility shall not at any time exceed the individual Individual Commitment of such Lender. Nothing contained herein or in Lender with respect to the other Financing Agreements RT Facility and further provided that the aggregate amount of Accommodations outstanding under the RT Facility shall constitute not at any time exceed the Lenders as a partnership, and any indication thereof is hereby expressly deniedamount of the RT Credit Limit. All credit Accommodations requested hereunder other than under the Swingline Facility, RT Facility shall be made available to the Borrower contemporaneously by all of the relevant Lenders. Each Lender shall provide to the Administrative Agent for the Borrower its Pro Rata Share of each creditAccommodation under the RT Facility, whether such Accommodation is extended by way of drawdown, rollover or conversion. No Lender shall be responsible for any default by any other Lender in its obligation to provide its Pro Rata Share of any credit Accommodation under any Loan the RT Facility nor shall the individual Individual Commitment of any Lender with respect to a particular Loan be increased as a result of any such default of another Lender in extending credit under such LoanAccommodations thereunder. The failure of any Lender to make available to the Borrower its Pro Rata Share of any credit Accommodation under any Loan the RT Facility shall not relieve any other relevant Lender of its obligation hereunder to make available to the Borrower its Pro Rata Share of such credit under such LoanAccommodation.

Lenders’ Commitments. Subject to the terms and conditions hereof, the relevant Lenders severally agree to extend credit to the Borrower hereunder under the Credit Facility from time to time provided that the aggregate amount of credit extended by each relevant Lender hereunder under the Credit Facility shall not at any time exceed the individual Individual Commitment of such LenderLender and further provided that the aggregate amount of credit outstanding under the Credit Facility shall not at any time exceed the amount of the Credit Facility. Nothing contained herein or in Subject to the other Financing Agreements shall constitute the Lenders as a partnershipterms and conditions hereof, and any indication thereof is hereby expressly denied. All all credit requested hereunder other than under the Swingline Facility, Credit Facility shall be made available to the Borrower contemporaneously by all of the relevant Lenders. Each Lender shall provide to the Administrative Agent for the Borrower its Pro Rata Share of each credit, whether such credit is extended by way of drawdown, rollover or conversion. No Lender shall be responsible for any default by any other Lender in its obligation to provide its Pro Rata Share of any credit under any Loan the Credit Facility nor shall the individual Individual Commitment of any Lender with respect to a particular Loan be increased as a result of any such default of another Lender in extending credit under such Loanthe Credit Facility. The failure of any Lender to make available to the Borrower its Pro Rata Share of any credit under any Loan the Credit Facility shall not relieve any other relevant Lender of its obligation hereunder to make available to the Borrower its Pro Rata Share of such credit under such Loanthe Credit Facility.

Lenders’ Commitments. Subject to the terms and conditions hereof, the relevant Lenders severally agree to extend credit to the Borrower hereunder under the Credit Facility from time to time provided that the aggregate principal amount of credit extended by each relevant Lender hereunder under the Credit Facility shall not at any time exceed the individual Individual Commitment of such Lender. Nothing contained herein or in Lender and further provided that the other Financing Agreements aggregate principal amount of credit outstanding under the Credit Facility shall constitute not at any time exceed the Lenders as a partnership, and any indication thereof is hereby expressly deniedamount of the Credit Limit. All credit requested hereunder other than under the Swingline Facility, Credit Facility shall be made available to the Borrower contemporaneously by all of the relevant Lenders. Each Lender shall provide to the Administrative Agent for the Borrower its Pro Rata Share of each credit, whether such credit is extended by way of drawdown, rollover or conversion. No Lender shall be responsible for any default by any other Lender in its obligation to provide its Pro Rata Share of any credit under any Loan nor shall the individual Individual Commitment of any Lender with respect to a particular Loan be increased as a result of any such default of another Lender in extending credit under such Loanthe Credit Facility. The failure of any Lender to make available to the Borrower its Pro Rata Share of any credit under any Loan the Credit Facility shall not relieve any other relevant Lender of its obligation hereunder to make available to the Borrower its Pro Rata Share of such credit under such Loancredit.

Lenders’ Commitments. Subject to the terms and conditions hereof, the relevant Lenders severally agree to extend credit to the Borrower hereunder relevant Borrowers under the relevant Credit Facility from time to time provided that the aggregate principal amount of credit extended by each relevant Lender hereunder under such Credit Facility shall not at any time exceed the individual Individual Commitment of such Lender. Nothing contained herein or in Lender and further provided that the other Financing Agreements aggregate principal amount of credit outstanding under such Credit Facility shall constitute not at any time exceed the Lenders as a partnership, and any indication thereof is hereby expressly deniedamount of the relevant Credit Limit. All credit requested hereunder other than under the Swingline Facility, a Credit Facility shall be made available to the Borrower relevant Borrowers contemporaneously by all of the relevant Lenders. Each Lender shall provide to the Administrative Agent for the Borrower relevant Borrowers its Pro Rata Share of each credit, whether such credit is extended by way of drawdown, rollover or conversion. No Lender shall be responsible for any default by any other Lender in its obligation to provide its Pro Rata Share of any credit under any Loan nor shall the individual Individual Commitment of any Lender with respect to a particular Loan be increased as a result of any such default of another Lender in extending credit under such Loanthe Credit Facility. The failure of any Lender to make available to the Borrower relevant Borrowers its Pro Rata Share of any credit under any Loan a Credit Facility shall not relieve any other relevant Lender of its obligation hereunder to make available to the Borrower relevant Borrowers its Pro Rata Share of such credit credit. At all times that two Credit Facilities exist hereunder, each Lender shall maintain Individual Commitments under such Loan.each of the NRT Facility and the RT Facility in accordance with its Pro Rata Share. 286042.00064/106711224.9 Credit Agreement - Equinox

Lenders’ Commitments. Subject to the terms and conditions hereof, the relevant Lenders severally agree to extend credit to the Borrower Borrowers hereunder from time to time provided that the aggregate amount of credit extended by each relevant Lender hereunder under the Credit Facilities shall not at any time exceed the individual Individual Commitment of such Lender. Nothing contained herein or Lender and further provided that the aggregate amount of credit outstanding under the Credit Facilities shall not at any time exceed the amount of the Credit Facilities referred to in Section 2.01 as the other Financing Agreements shall constitute the Lenders as a partnership, and any indication thereof is hereby expressly deniedsame may be reduced pursuant to Section 2.04. All credit requested hereunder other than under the Swingline Facility, Credit Facilities by a particular Borrower shall be made available to the such Borrower contemporaneously by all of the relevant LendersLenders who have made an Individual Commitment with respect to such Credit Facility. Each such Lender shall provide to the Administrative Agent for the applicable Borrower its Pro Rata Share of each creditcredit under such Credit Facility, whether such credit is extended by way of drawdown, rollover or conversion. No Lender shall be responsible for any default by any other Lender in its obligation to provide its Pro Rata Share of any credit under any Loan nor shall the individual Individual Commitment of any Lender with respect to a particular Loan any of the Credit Facilities be increased as a result of any such default of another Lender in extending credit under such LoanLender. The failure of any Lender to make available to the a Borrower its Pro Rata Share of any credit under any Loan shall not relieve any other relevant Lender of its obligation hereunder to make available to the such Borrower its Pro Rata Share of such credit credit. Notwithstanding any other provision hereof, the Agent is authorized by the Borrowers and the Lenders to allocate amongst the Lenders the Bankers’ Acceptances to be issued and the LIBOR Loans to be advanced under the Credit Facilities in such Loanmanner and amounts as the Agent may, in its sole and unfettered discretion acting reasonably, consider necessary, rounding up or down, so as to ensure that no Lender is required to accept a Bankers’ Acceptance for a fraction of $100,000 or advance a LIBOR Loan for a fraction of U.S. $200,000 and, in such event, the Lenders’ Pro Rata Shares with respect to such Bankers’ Acceptances and LIBOR Loans shall be adjusted accordingly. It is acknowledged that such rounding may result in a Lender’s Pro Rata Share with respect to such Bankers’ Acceptances and LIBOR Loans exceeding its Individual Commitment.

Lenders’ Commitments. ​ Subject to the terms and conditions hereof, the relevant Lenders severally agree to extend credit to Borrowers under the Borrower hereunder Credit Facility from time to time provided that the aggregate amount of credit extended by each relevant Lender hereunder under the Credit Facility shall not at any time exceed the individual Individual Commitment of such Lender. Nothing contained herein or in Lender and further provided that the other Financing Agreements aggregate amount of credit outstanding under the Credit Facility shall constitute not at any time exceed the Lenders as a partnership, and any indication thereof is hereby expressly deniedamount of the Credit Facility. All credit requested hereunder other than under the Swingline Facility, Credit Facility shall be made available to the Borrower Borrowers contemporaneously by all of the relevant Lenders. Each Lender shall provide to the Administrative Agent for the Borrower Borrowers its Pro Rata Share of each credit, whether such credit is extended by way of drawdown, rollover or conversion. ​ ​ No Lender shall be responsible for any default by any other Lender in its obligation to provide its Pro Rata Share of any credit under any Loan the Credit Facility nor shall the individual Individual Commitment of any Lender with respect to a particular Loan be increased as a result of any such default of another Lender in extending credit under such Loanthe Credit Facility. The failure of any Lender to make available to the Borrower Borrowers its Pro Rata Share of any credit under any Loan the Credit Facility shall not relieve any other relevant Lender of its obligation hereunder to make available to the Borrower Borrowers its Pro Rata Share of such credit under such Loan.the Credit Facility. ​

Lenders’ Commitments. Subject to the terms and conditions hereof, the relevant Lenders severally agree to extend credit to the Borrower hereunder relevant Borrowers under the relevant Credit Facility from time to time provided that the aggregate principal amount of credit extended by each relevant Lender hereunder under such Credit Facility shall not at any time exceed the individual Individual Commitment of such Lender. Nothing contained herein or in Lender and further provided that the other Financing Agreements aggregate principal amount of credit outstanding under such Credit Facility shall constitute not at any time exceed the Lenders as a partnership, and any indication thereof is hereby expressly deniedamount of the relevant Credit Limit. All credit requested hereunder other than under the Swingline Facility, a Credit Facility shall be made available to the Borrower relevant Borrowers contemporaneously by all of the relevant Lenders. Each relevant Lender shall provide to the Administrative Agent for the Borrower relevant Borrowers its Pro Rata Share of each credit, whether such credit is extended by way of drawdown, rollover or conversion. No Lender shall be responsible for any default by any other Lender in its obligation to provide its Pro Rata Share of any credit under any Loan nor shall the individual Individual Commitment of any Lender with respect to a particular Loan be increased as a result of any such default of another Lender in extending credit under such Loana Credit Facility. The failure of any Lender to make available to the Borrower relevant Borrowers its Pro Rata Share of any credit under any Loan a Credit Facility shall not relieve any other relevant Lender of its obligation hereunder to make available to the Borrower relevant Borrowers its Pro Rata Share of such credit under such Loancredit.

Lenders’ Commitments. Subject to the terms and conditions hereof, the relevant Lenders severally agree to extend credit to the Borrower hereunder under the Credit Facilities from time to time provided that the aggregate amount of credit extended by (a) each relevant Gold Loan Facility Lender hereunder under the Gold Loan Facility shall not at any time exceed the individual Individual Gold Loan Facility Commitment of such Lender. Nothing contained herein or in , (b) each Standby Line Facility Lender under the other Financing Agreements Standby Line Facility shall constitute not at any time exceed the Lenders as a partnershipIndividual Standby Line Facility Commitment of such Lender, and further provided that (c) the aggregate amount of credit outstanding under the Gold Loan Facility shall not at any indication thereof is hereby expressly deniedtime exceed the amount of the Gold Loan Facility Commitment Amount, and (d) the aggregate amount of credit outstanding under the Standby Line Facility shall not at any time exceed the amount of the Standby Line Facility Commitment Amount. All credit requested hereunder other than under the Swingline Facility, each Credit Facility shall be made available to the Borrower contemporaneously by all of the relevant LendersLenders thereunder. Each Lender shall provide to the Administrative Agent for the Borrower its Pro Rata Share of each credit, whether such credit is extended by way of drawdown or rollover. No Lender shall be responsible for any default by any other Lender in its obligation to provide its Pro Rata Share of any credit under any Loan either Credit Facility nor shall the individual Individual Commitment of any Lender with respect to a particular Loan be increased as a result of any such default of another Lender in extending credit under such Loana Credit Facility. The failure of any Lender to make available to the Borrower its Pro Rata Share of any credit under any Loan a Credit Facility shall not relieve any other relevant Lender of its obligation hereunder to make available to the Borrower its Pro Rata Share of such credit under such Loanthe relevant Credit Facility.

Lenders’ Commitments. Subject to the terms and conditions hereof, the relevant Lenders severally agree to extend credit to the Borrower hereunder Borrowers under the Credit Facility from time to time provided that the aggregate amount of credit extended by each relevant Lender hereunder under the Credit Facility shall not at any time exceed the individual Individual Commitment of such LenderLender and further provided that the aggregate amount of credit outstanding under the Credit Facility shall not at any time exceed the amount of the Credit Facility. Nothing contained herein or in Subject to the other Financing Agreements shall constitute the Lenders as a partnershipterms and conditions hereof, and any indication thereof is hereby expressly denied. All all credit requested hereunder other than under the Swingline Facility, Credit Facility shall be made available to the relevant Borrower contemporaneously by all of the relevant Lenders. Each Lender shall provide to the Administrative Agent for the relevant Borrower its Pro Rata Share of each relevant credit, whether such credit is extended by way of drawdown, rollover or conversion. No Lender shall be responsible for any default by any other Lender in its obligation to provide its Pro Rata Share of any credit under any Loan the Credit Facility nor shall the individual Individual Commitment of any Lender with respect to a particular Loan be increased as a result of any such default of another Lender in extending credit under such Loanthe Credit Facility. The failure of any Lender to make available to the a Borrower its Pro Rata Share of any credit under any Loan the Credit Facility shall not relieve any other relevant Lender of its obligation hereunder to make available to the relevant Borrower its Pro Rata Share of such credit under such Loanthe Credit Facility.

Lenders’ Commitments. Subject to the terms and conditions hereof, the relevant Lenders severally agree to extend credit to the Borrower hereunder Borrowers under the Credit Facility from time to time provided that the aggregate amount of credit extended by each relevant Lender hereunder under the Credit Facility shall not at any time exceed the individual Individual Commitment of such Lender. Nothing contained herein or in Lender and further provided that the other Financing Agreements aggregate amount of credit outstanding under the Credit Facility shall constitute not at any time exceed the Lenders as a partnership, and any indication thereof is hereby expressly deniedamount of the Credit Facility. All credit requested hereunder other than under the Swingline Facility, Credit Facility shall be made available to the relevant Borrower contemporaneously by all of the relevant Lenders. Each Lender shall provide to the Administrative Agent for the relevant Borrower its Pro Rata Share of each credit, whether such credit is extended by way of drawdown, rollover or conversion. No Lender shall be responsible for any default by any other Lender in its obligation to provide its Pro Rata Share of any credit under any Loan the Credit Facility nor shall the individual Individual Commitment of any Lender with respect to a particular Loan be increased as a result of any such default of another Lender in extending credit under such Loanthe Credit Facility. The failure of any Lender to make available to the relevant Borrower its Pro Rata Share of any credit under any Loan the Credit Facility shall not relieve any other relevant Lender of its obligation hereunder to make available to the such Borrower its Pro Rata Share of such credit under such Loanthe Credit Facility.

Lenders’ Commitments. Subject to the terms and conditions hereof, the relevant Lenders severally agree to extend credit to the Borrower Borrowers hereunder from time to time provided that the aggregate amount of credit extended by each relevant Lender hereunder under the Credit Facilities shall not at any time exceed the individual Individual Commitment of such Lender. Nothing contained herein or Lender and further provided that the aggregate amount of credit outstanding under the Credit Facilities shall not at any time exceed the amount of the Credit Facilities referred to in Section 2.1 as the other Financing Agreements shall constitute the Lenders as a partnership, and any indication thereof is hereby expressly deniedsame may be reduced pursuant to Section 2.4. All credit requested hereunder other than under the Swingline Facility, Credit Facilities by a particular Borrower shall be made available to the such Borrower contemporaneously by all of the relevant LendersLenders who have made an Individual Commitment with respect to such Credit Facility. Each such Lender shall provide to the Administrative Agent for the applicable Borrower its Pro Rata Share of each creditcredit under such Credit Facility, whether such credit is extended by way of drawdown, rollover or conversion. No Lender shall be responsible for any default by any other Lender in its obligation to provide its Pro Rata Share of any credit under any Loan nor shall the individual Individual Commitment of any Lender with respect to a particular Loan any of the Credit Facilities be increased as a result of any such default of another Lender in extending credit under such LoanLender. The failure of any Lender to make available to the a Borrower its Pro Rata Share of any credit under any Loan shall not relieve any other relevant Lender of its obligation hereunder to make available to the such Borrower its Pro Rata Share of such credit credit. Notwithstanding any other provision hereof, the Agent is authorized by the Borrowers and the Lenders to allocate amongst the Lenders the Bankers’ Acceptances to be issued and the LIBOR Loans to be advanced under the Credit Facilities in such Loanmanner and amounts as the Agent may, in its sole and unfettered discretion acting reasonably, consider necessary, rounding up or down, so as to ensure that no Lender is required to accept a Bankers’ Acceptance for a fraction of CDN$5,000 or advance a LIBOR Loan for a fraction of US$5,000 and, in such event, the Lenders’ Pro Rata Shares with respect to such Bankers’ Acceptances and LIBOR Loans shall be adjusted accordingly. It is acknowledged that such rounding may result in a Lender’s Pro Rata Share with respect to such Bankers’ Acceptances and LIBOR Loans exceeding its Individual Commitment.

Lenders’ Commitments. Subject to the terms and conditions hereof, the relevant Lenders severally agree to extend credit to the Borrower hereunder relevant Borrowers under the Credit Facility from time to time provided that the aggregate principal amount of credit extended by each relevant Lender hereunder under the Credit Facility shall not at any time exceed the individual Individual Commitment of such Lender. Nothing contained herein or in Lender and further provided that the other Financing Agreements aggregate principal amount of credit outstanding under the Credit Facility shall constitute not at any time exceed the Lenders as a partnership, and any indication thereof is hereby expressly deniedamount of the Credit Limit. All credit requested hereunder other than under the Swingline Facility, Credit Facility shall be made available to the Borrower relevant Borrowers contemporaneously by all of the relevant Lenders. Each Lender shall provide to the Administrative Agent for the Borrower relevant Borrowers its Pro Rata Share of each credit, whether such credit is extended by way of drawdown, rollover or conversion. No Lender shall be responsible for any default by any other Lender in its obligation to provide its Pro Rata Share of any credit under any Loan nor shall the individual Individual Commitment of any Lender with respect to a particular Loan be increased as a result of any such default of another Lender in extending credit under such Loanthe Credit Facility. The failure of any Lender to make available to the Borrower relevant Borrowers its Pro Rata Share of any credit under any Loan the Credit Facility shall not relieve any other relevant Lender of its obligation hereunder to make available to the Borrower relevant Borrowers its Pro Rata Share of such credit under such Loancredit.

Lenders’ Commitments. Subject to the terms and conditions hereof, the relevant Lenders severally agree to extend credit to the Borrower hereunder under the Credit Facility from time to time provided that (i) the aggregate principal amount of credit extended by each relevant Lender hereunder under the Credit Facility shall not at any time exceed the individual Individual Commitment of such Lender. Nothing contained herein or in Lender under the other Financing Agreements Credit Facility, (ii) the aggregate principal amount of credit outstanding under the Credit Facility shall constitute not at any time exceed the Lenders as a partnershipTotal Commitment Amount, (iii) the aggregate principal amount of credit extended under Tranche One shall not exceed the Tranche One Limit, and any indication thereof is hereby expressly denied(iv) the aggregate principal amount of credit extended under Tranche Two shall not exceed the Tranche Two Limit . All credit requested hereunder other than under the Swingline Credit Facility, whether under Tranche One or Tranche Two, shall be made available to the Borrower contemporaneously by all of the relevant Lenders. Each Lender shall provide to the Administrative Agent for the Borrower its Pro Rata Share of each credit, whether such credit is extended under Tranche One or Tranche Two or by way of drawdown, rollover or conversion. No Lender shall be responsible for any default by any other Lender in its obligation to provide its Pro Rata Share of any credit under any Loan the Credit Facility nor shall the individual Individual Commitment of any Lender with respect to a particular Loan be increased as a result of any such default of another Lender in extending credit under such Loanthe Credit Facility. The failure of any Lender to make available to the Borrower its Pro Rata Share of any credit under any Loan the Credit Facility shall not relieve any other relevant Lender of its obligation hereunder to make available to the Borrower its Pro Rata Share of such credit under such Loanthe Credit Facility.

Lenders’ Commitments. Subject to the terms and conditions hereof, the relevant Lenders severally agree to extend credit to the Borrower hereunder Borrowers under the Credit Facility from time to time provided that the aggregate amount of credit extended by each relevant Lender hereunder under the Credit Facility shall not at any time exceed the individual Individual Commitment of such Lender. Nothing contained herein or in Lender and further provided that the other Financing Agreements aggregate amount of credit outstanding under the Credit Facility shall constitute not at any time exceed the Lenders as a partnership, and any indication thereof is hereby expressly deniedamount of the Credit Limit. All credit requested hereunder other than under the Swingline Facility, Credit Facility shall be made available to the Borrower Borrowers contemporaneously by all of the relevant Lenders. Each Lender shall provide to the Administrative Agent for the Borrower Borrowers its Pro Rata Share of each creditcredit under the Credit Facility, whether such credit is extended by way of drawdown, rollover or conversion. No Lender shall be responsible for any default by any other Lender in its obligation to provide its Pro Rata Share of any credit under any Loan the Credit Facility nor shall the individual Individual Commitment of any Lender with respect to a particular Loan be increased as a result of any such default of another Lender in extending credit under such Loanthe Credit Facility. The failure of any Lender to make available to the Borrower Borrowers its Pro Rata Share of any credit under any Loan the Credit Facility shall not relieve any other relevant Lender of its obligation hereunder to make available to the Borrower Borrowers its Pro Rata Share of such credit under such Loanthe Credit Facility.

Lenders’ Commitments. Subject to the terms and conditions hereof, the relevant Lenders severally agree to extend credit to the Borrower hereunder under the Credit Facility from time to time provided that the aggregate amount of credit extended by each relevant Lender hereunder under the Credit Facility shall not at any time exceed the individual Individual Commitment of such Lender. Nothing contained herein or in Lender and further provided that the other Financing Agreements aggregate amount of credit outstanding under the Credit Facility shall constitute not at any time exceed the Lenders as a partnership, and any indication thereof is hereby expressly deniedamount of the Credit Facility. All credit requested hereunder other than under the Swingline Facility, Credit Facility shall be made available to the Borrower contemporaneously by all of the relevant Lenders. Each Lender shall provide to the Administrative Agent for the Borrower its Pro Rata Share of each credit. No Lender shall be responsible for any default by any other Lender in its obligation to provide its Pro Rata Share of any credit under any Loan the Credit Facility nor shall the individual Individual Commitment of any Lender with respect to a particular Loan be increased as a result of any such default of another Lender in extending credit under such Loanthe Credit Facility. The failure of any Lender to make available to the Borrower its Pro Rata Share of any credit under any Loan the Credit Facility shall not relieve any other relevant Lender of its obligation hereunder to make available to the Borrower its Pro Rata Share of such credit under such Loanthe Credit Facility. For certainty, all obligations of each Lender hereunder are its several obligations.

Lenders’ Commitments. Subject to the terms and conditions hereof, the relevant Lenders severally agree to extend credit to the Borrower hereunder Borrowers under the relevant Credit Facility from time to time provided that the aggregate amount of credit extended by each relevant Lender hereunder under a particular Credit Facility shall not at any time exceed the individual Individual Commitment of such Lender. Nothing contained herein or in Lender with respect to such Credit Facility and further provided that the other Financing Agreements aggregate amount of credit outstanding under a particular Credit Facility shall constitute not at any time exceed the Lenders as a partnership, and any indication thereof is hereby expressly deniedrelevant Credit Limit. All credit requested hereunder other than under the Swingline Facility, a particular Credit Facility shall be made available to the applicable Borrower contemporaneously by all of the relevant LendersLenders with an Individual Commitment with respect to such Credit Facility. Each relevant Lender shall provide to the Administrative Agent for the Borrower its Pro Rata Share of each credit, whether such credit is extended by way of drawdown, rollover or conversion. No Lender shall be responsible for any default by any other Lender in its obligation to provide its Pro Rata Share of any credit under any Loan nor shall the individual Individual Commitment of any Lender with respect to a particular Loan Credit Facility be increased as a result of any such default of another Lender in extending credit under such LoanCredit Facility. The failure of any Lender to make available to the a Borrower its Pro Rata Share of any credit under any Loan shall not relieve any other relevant Lender of its obligation hereunder to make available to the applicable Borrower its Pro Rata Share of such credit under such Loanthe credit.

Lenders’ Commitments. Subject to the terms and conditions hereof, the relevant Lenders severally agree to extend credit to the Borrower hereunder under each Credit Facility from time to time provided that the aggregate amount of credit extended by each relevant Lender hereunder under either Credit Facility shall not at any time exceed the individual Individual Commitment of such Lender. Nothing contained herein or in Lender with respect to such Credit Facility and further provided that the other Financing Agreements aggregate amount of credit outstanding under either Credit Facility shall constitute not at any time exceed the Lenders as a partnership, and any indication thereof is hereby expressly deniedamount of such Credit Facility. All credit requested hereunder other than under the Swingline Facility, either Credit Facility shall be made available to the Borrower contemporaneously by all of the relevant Lenders. Each Lender shall provide to the Administrative Agent for the Borrower its Pro Rata Share of each credit, whether such credit is extended by way of drawdown, rollover or conversion. No Lender shall be responsible for any default by any other Lender in its obligation to provide its Pro Rata Share of any credit under any Loan either Credit Facility nor shall the individual Individual Commitment of any Lender with respect to a particular Loan be increased as a result of any such default of another Lender in extending credit under such Loaneither Credit Facility. The failure of any Lender to make available to the Borrower its Pro Rata Share of any credit under any Loan either Credit Facility shall not relieve any other relevant Lender of its obligation hereunder to make available to the Borrower its Pro Rata Share of such credit under such LoanCredit Facility.

Lenders’ Commitments. Subject to the terms and conditions hereof, the relevant Lenders severally agree to extend credit to the Borrower hereunder from time to time provided that the aggregate amount of credit extended by each relevant Lender hereunder under the Credit Facility shall not at any time exceed the individual Individual Commitment of such Lender. Nothing contained herein or in Lender and further provided that the other Financing Agreements aggregate amount of credit outstanding under the Credit Facility shall constitute not at any time exceed the Lenders as a partnership, and any indication thereof is hereby expressly deniedamount of the Credit Limit at such time. All credit requested hereunder other than under the Swingline Facility, Credit Facility shall be made available to the Borrower contemporaneously by all of the relevant Lenders. Each Lender shall provide to the Administrative Agent for the Borrower its Pro Rata Share of each creditcredit under the Credit Facility, whether such credit is extended by way of drawdown, rollover or conversion. No Lender shall be responsible for any default by any other Lender in its obligation to provide its Pro Rata Share of any credit under any Loan the Credit Facility nor shall the individual Individual Commitment of any Lender with respect to a particular Loan be increased as a result of any such default of another Lender in extending credit under such Loanhereunder. The failure of any Lender to make available to the Borrower its Pro Rata Share of any credit under any Loan the Credit Facility shall not relieve any other relevant Lender of its obligation hereunder to make available to the Borrower its Pro Rata Share of such credit under such Loanthereunder.

Lenders’ Commitments. Subject to the terms and conditions hereof, the relevant Lenders severally agree to extend credit to the Borrower hereunder BorrowerBorrowers under the Credit Facility from time to time provided that the aggregate amount of credit extended by each relevant Lender hereunder under the Credit Facility shall not at any time exceed the individual Individual Commitment of such Lender. Nothing contained herein or in Lender and further provided that the other Financing Agreements aggregate amount of credit outstanding under the Credit Facility shall constitute not at any time exceed the Lenders as a partnership, and any indication thereof is hereby expressly deniedamount of the Credit Facility. All credit requested hereunder other than under the Swingline Facility, Credit Facility shall be made available to the Borrower BorrowerBorrowers contemporaneously by all of the relevant Lenders. Each Lender shall provide to the Administrative Agent for the Borrower BorrowerBorrowers its Pro Rata Share of each credit, whether such credit is extended by way of drawdown, rollover or conversion. No Lender shall be responsible for any default by any other Lender in its obligation to provide its Pro Rata Share of any credit under any Loan the Credit Facility nor shall the individual Individual Commitment of any Lender with respect to a particular Loan be increased as a result of any such default of another Lender in extending credit under such Loanthe Credit Facility. The failure of any Lender to make available to the Borrower BorrowerBorrowers its Pro Rata Share of any credit under any Loan the Credit Facility shall not relieve any other relevant Lender of its obligation hereunder to make available to the Borrower BorrowerBorrowers its Pro Rata Share of such credit under such Loanthe Credit Facility.

Lenders’ Commitments. Subject to the terms and conditions hereof, the relevant Lenders severally agree to extend credit to the Borrower hereunder under the Credit Facility from time to time provided that the aggregate amount of credit extended by each relevant Lender hereunder under the Credit Facility shall not at any time exceed the individual Individual Commitment of such Lender. Nothing contained herein or in Lender and further provided that the other Financing Agreements aggregate amount of credit outstanding under the Credit Facility shall constitute not at any time exceed the Lenders as a partnership, and any indication thereof is hereby expressly deniedamount of the Credit Facility. All credit requested hereunder other than under the Swingline Facility, Credit Facility shall be made available to the Borrower contemporaneously by all of the relevant Lenders. Each Lender shall provide to the Administrative Agent for the Borrower its Pro Rata Share of each credit, whether such credit is extended by way of drawdown or rollover. No Lender shall be responsible for any default by any other Lender in its obligation to provide its Pro Rata Share of any credit under any Loan the Credit Facility nor shall the individual Individual Commitment of any Lender with respect to a particular Loan be increased as a result of any such default of another Lender in extending credit under such Loanthe Credit Facility. The failure of any Lender to make available to the Borrower its Pro Rata Share of any credit under any Loan the Credit Facility shall not relieve any other relevant Lender of its obligation hereunder to make available to the Borrower its Pro Rata Share of such credit under such Loanthe Credit Facility.

Lenders’ Commitments. Subject to the terms and conditions hereof, the relevant Lenders severally agree to extend credit to the Borrower hereunder under the relevant Credit Facility from time to time provided that the aggregate amount of credit extended by each relevant Lender hereunder under any Credit Facility shall not at any time exceed the individual Individual Commitment of such Lenderrelevant Lender with respect to such Credit Facility and further provided that the aggregate amount of credit outstanding under such Credit Facility shall not at any time exceed the amount of such Credit Facility. Nothing contained herein or in Subject to the other Financing Agreements shall constitute the Lenders as a partnershipterms and conditions hereof, and any indication thereof is hereby expressly denied. All all credit requested hereunder other than under the Swingline Facility, a Credit Facility shall be made available to the Borrower contemporaneously by all of the relevant Lenders. Each relevant Lender shall provide to the Administrative Agent for the Borrower its Pro Rata Share of each relevant credit, whether such credit is extended by way of drawdown, rollover or conversion. No Lender shall be responsible for any default by any other Lender in its obligation to provide its Pro Rata Share of any credit under any Loan a Credit Facility nor shall the individual Individual Commitment of any Lender with respect to a particular Loan be increased as a result of any such default of another Lender in extending credit under such Loana Credit Facility. The failure of any Lender to make available to the Borrower its Pro Rata Share of any credit under any Loan a Credit Facility shall not relieve any other relevant Lender of its obligation hereunder to make available to the Borrower its Pro Rata Share of such credit under such LoanCredit Facility.

Lenders’ Commitments. Subject to the terms and conditions hereof, the relevant Lenders severally agree to extend credit to the Borrower hereunder relevant Borrowers under the relevant Credit Facility from time to time provided that the aggregate amount of credit extended by each relevant Lender hereunder under the relevant Credit Facility shall not at any time exceed the individual Individual Commitment of such Lender. Nothing contained herein or in Lender under such Credit Facility and further provided that the other Financing Agreements aggregate amount of credit outstanding under such Credit Facility shall constitute not at any time exceed the Lenders as a partnership, and any indication thereof is hereby expressly deniedamount of such Credit Facility. All credit requested hereunder other than under the Swingline Facility, a particular Credit Facility shall be made available to the relevant Borrower contemporaneously by all of the relevant Lenders. Each relevant Lender shall provide to the Administrative Agent for the relevant Borrower its Pro Rata Share of each credit, whether such credit is extended by way of drawdown, rollover or conversion; provided, however, The Bank of Nova Scotia shall not be obligated, in connection with that portion of any extension of credit to the NRT Borrower under the Scotiabank NRT Facility Individual Commitment - Tranche B that has been participated, to extend credit in excess of the aggregate amount of credit received by The Bank of Nova Scotia in immediately available funds from the relevant participant. No Lender shall be responsible for any default by any other Lender in its obligation to provide its Pro Rata Share of any credit under any Loan a particular Credit Facility nor shall the individual Individual Commitment of any Lender with respect to a particular Loan be increased as a result of any such default of another Lender in extending credit under such LoanCredit Facility. The failure of any relevant Lender to make available to the relevant Borrower its Pro Rata Share of any credit under any Loan a particular Credit Facility shall not relieve any other relevant Lender of its obligation hereunder to make available to the such Borrower its Pro Rata Share of such credit under such LoanCredit Facility.

Lenders’ Commitments. Subject to the terms and conditions hereof, the relevant Lenders severally agree to extend credit to the Borrower hereunder under the Credit Facility from time to time provided that (i) the aggregate principal amount of credit extended by each relevant Lender hereunder under the Credit Facility shall not at any time exceed the individual Individual Commitment of such Lender. Nothing contained herein or in Lender under the other Financing Agreements Credit Facility, (ii) the aggregate principal amount of credit outstanding under the Credit Facility shall constitute not at any time exceed the Lenders as a partnershipTotal Commitment Amount, (iii) the aggregate principal amount of credit extended under Tranche One shall not exceed the Tranche One Limit, (iv) the aggregate principal amount of credit extended under Tranche Two shall not exceed the Tranche Two Limit, and any indication thereof is hereby expressly denied(v) the aggregate principal amount of credit extended under Tranche Three shall not exceed the Tranche Three Limit. All credit requested hereunder other than under the Swingline Credit Facility, whether under Tranche One, Tranche Two or Tranche Three, shall be made available to the Borrower contemporaneously by all of the relevant Lenders. Each Lender shall provide to the Administrative Agent for the Borrower its Pro Rata Share of each credit, whether such credit is extended under Tranche One, Tranche Two or Tranche Three or by way of drawdown, rollover or conversion. No Lender shall be responsible for any default by any other Lender in its obligation to provide its Pro Rata Share of any credit under any Loan the Credit Facility nor shall the individual Individual Commitment of any Lender with respect to a particular Loan be increased as a result of any such default of another Lender in extending credit under such Loanthe Credit Facility. The failure of any Lender to make available to the Borrower its Pro Rata Share of any credit under any Loan the Credit Facility shall not relieve any other relevant Lender of its obligation hereunder to make available to the Borrower its Pro Rata Share of such credit under such Loanthe Credit Facility.

Lenders’ Commitments. Subject to the terms and conditions hereof, the relevant Lenders severally agree to extend credit to the Borrower hereunder under the Credit Facility from time to time provided that the aggregate amount of credit extended by each relevant Lender hereunder under the Credit Facility shall not at any time exceed the individual Individual Commitment of such LenderLender and further provided that the aggregate amount of credit outstanding under the Credit Facility shall not at any time exceed the amount of the Credit Facility. Nothing contained herein or in Subject to the other Financing Agreements shall constitute the Lenders as a partnershipterms and conditions hereof, and any indication thereof is hereby expressly denied. All all credit requested hereunder other than under the Swingline Facility, Credit Facility shall be made available to the Borrower contemporaneously by all of the relevant Lenders. Each Lender shall provide to the Administrative Agent for the Borrower its Pro Rata Share of each relevant credit, whether such credit is extended by way of drawdown, rollover or conversion. No Lender shall be responsible for any default by any other Lender in its obligation to provide its Pro Rata Share of any credit under any Loan the Credit Facility nor shall the individual Individual Commitment of any Lender with respect to a particular Loan be increased as a result of any 286042.00038/115243826.6 such default of another Lender in extending credit under such Loanthe Credit Facility. The failure of any Lender to make available to the a Borrower its Pro Rata Share of any credit under any Loan the Credit Facility shall not relieve any other relevant Lender of its obligation hereunder to make available to the Borrower its Pro Rata Share of such credit under such Loanthe Credit Facility.

Lenders’ Commitments. Subject to the terms and conditions hereof, the relevant Lenders severally agree to extend credit to the Borrower hereunder under each Credit Facility from time to time provided that the aggregate amount of credit extended by each relevant Lender hereunder under either Credit Facility shall not at any time exceed the individual Individual Commitment of such Lender. Nothing contained herein or in Lender under such Credit Facility and further provided that the other Financing Agreements aggregate amount of credit outstanding under such Credit Facility shall constitute not at any time exceed the Lenders as a partnership, and any indication thereof is hereby expressly deniedamount of such Credit Facility. All credit requested hereunder other than under the Swingline Facility, a particular Credit Facility shall be made available to the Borrower contemporaneously by all of the relevant Lenders. Each Lender shall provide to the Administrative Agent for the Borrower its Pro Rata Share of each credit, whether such credit is extended by way of drawdown, rollover or conversion. No Lender shall be responsible for any default by any other Lender in its obligation to provide its Pro Rata Share of any credit under any Loan a particular Credit Facility nor shall the individual Individual Commitment of any Lender with respect to a particular Loan be increased as a result of any such default of another Lender in extending credit under such LoanCredit Facility. The failure of any Lender to make available to the Borrower its Pro Rata Share of any credit under any Loan a particular Credit Facility shall not relieve any other relevant Lender of its obligation hereunder to make available to the Borrower its Pro Rata Share of such credit under such LoanCredit Facility. For certainty, all obligations of each Lender hereunder are its several obligations.

Lenders’ Commitments. Subject to the terms and conditions hereof, the relevant Lenders severally agree to extend credit to the Borrower Borrowers hereunder from time to time time, provided that the aggregate amount of credit extended by each relevant Lender hereunder under each Credit Facility shall not at any time exceed the individual Individual Commitment of such Lender. Nothing contained herein or Lender with respect to such Credit Facility and further provided that the aggregate amount of credit outstanding under any of the Credit Facilities shall not at any time exceed the amount of such Credit Facility referred to in Section 2.01 as the other Financing Agreements shall constitute the Lenders as a partnership, and any indication thereof is hereby expressly deniedsame may be reduced pursuant to Section 2.04. All credit requested hereunder other than under the Swingline Facility, a particular Credit Facility shall be made available to the relevant Borrower contemporaneously by all of the relevant LendersLenders who have committed to extend credit under such Credit Facility. Each Lender shall provide to the Administrative Agent for the relevant Borrower its Pro Rata Share of each creditcredit in accordance with the terms hereof; whether such credit is extended by way of drawdown or rollover. No Lender shall be responsible for any default by any other Lender in its obligation to provide its Pro Rata Share of any credit under any Loan nor shall the individual Individual Commitment of any Lender with respect to a particular Loan any Credit Facility be increased as a result of any such default of another Lender in extending credit under such LoanCredit Facility. The failure of any Lender to make available to the a Borrower its Pro Rata Share of any credit under any Loan Credit Facility shall not relieve any other relevant Lender of its obligation hereunder to make available to the such Borrower its Pro Rata Share of such credit under such LoanCredit Facility.

Lenders’ Commitments. Subject to the terms and conditions hereof, the relevant Lenders severally agree to extend credit to the Borrower hereunder Borrowers under the Credit Facility from time to time provided that the aggregate principal amount of credit extended by each relevant Lender hereunder under the Credit Facility shall not at any time exceed the individual Individual Commitment of such Lender. Nothing contained herein or in Lender and further provided that the other Financing Agreements aggregate principal amount of credit outstanding under the Credit Facility shall constitute not at any time exceed the Lenders as a partnership, and any indication thereof is hereby expressly deniedamount of the Credit Limit. All credit requested hereunder other than under the Swingline Facility, Credit Facility shall be made available to the Borrower Borrowers contemporaneously by all of the relevant Lenders. Each Lender shall provide to the Administrative Agent for the Borrower Borrowers its Pro Rata Share of each credit, whether such credit is extended by way of drawdown, rollover or conversion. No Lender shall be responsible for any default by any other Lender in its obligation to provide its Pro Rata Share of any credit under any Loan nor shall the individual Individual Commitment of any Lender with respect to a particular Loan be increased as a result of any such default of another Lender in extending credit under such Loanthe Credit Facility. The failure of any Lender to make available to the Borrower Borrowers its Pro Rata Share of any credit under any Loan the Credit Facility shall not relieve any other relevant Lender of its obligation hereunder to make available to the Borrower Borrowers its Pro Rata Share of such credit under such Loancredit.