Common use of Lending Limits Clause in Contracts

Lending Limits. Borrower acknowledges, agrees and confirms that Lender's obligation to fund Advances under the Loan is limited to a maximum aggregate principal amount at any time of $50,000,000 (the "INITIAL FUNDING COMMITMENT)". Lender and Borrower acknowledge that Lender has entered or will enter into written participation agreements which provide for Participant's fundings in respect of up to $25,000,000 of the Initial Funding Commitment. With respect to Advances under the Loan that would cause the aggregate outstanding principal balance of the Loan to exceed $50,000,000, Lender's obligation to make any such Advances is subject to and conditioned upon a Participant's providing funding to Lender in support of such Advances; and therefore, Advances in excess of $50,000,000 at any time shall be subject to and conditioned upon a Participant providing incremental funds over $50,000,000 to Lender pursuant to a written participation agreement acceptable to Lender in its sole and absolute discretion. Advances in excess of the Initial Funding Commitment are hereinafter referred to as the "ADDITIONAL FUNDING COMMITMENT". The maximum amount of the Additional Funding Commitment shall, subject to Section 2.1(a) hereof, be $25,000,000. Lender agrees to use reasonable efforts to procure one or more Participants to provide funding for the Additional Funding Commitment, and to use reasonable efforts to enter into and maintain in good standing additional written participation agreements satisfactory to Lender in its sole and absolute discretion to the extent necessary to provide for Advances up to the maximum amount of the Additional Funding Commitment, but in no event shall the total outstanding principal balance of the Loan exceed the amount determined in accordance with Section 2.1(a) hereof. If for any reason Lender does not procure Participants for the Additional Funding Commitment, or does procure such Participants but does not enter into a written participation agreement or agreements, acceptable to Lender in its sole and absolute discretion, with any such Participant for the Additional Funding Commitment, or if such a participation agreement is terminated, or if such a Participant fails to fund to Lender its participation share of the Loan as provided under its respective participation agreement, then, notwithstanding any provision in this Agreement, in the 1999 Commitment or in any Loan Document to the contrary, Lender shall have no obligation to make advances of principal under the Loans in excess of $50,000,000 in the aggregate."

Lending Limits. Borrower acknowledges, agrees and confirms that the obligations of all Lenders, including TFC, to make Loans under this Agreement to Borrower is limited to the lesser of: (i) the Borrowing Base or (ii) the Maximum Available Amount. Borrower further acknowledges, agrees and confirms that the obligation of each Lender, including TFC, to make loans hereunder to Borrower is limited to: (i) with respect to each Advance hereunder, each Lender's Pro Rata Percentage of any such Advance hereunder and (ii) with respect to all Advances made hereunder, such Lender's obligation to fund Advances under the Loan is hereunder shall be limited to a maximum aggregate principal amount its Pro Rata Percentage of the Maximum Available Amount. Notwithstanding anything heretofore to the contrary, Borrower acknowledges, agrees and confirms that Lenders shall have no obligation to make any Advance, nor shall Borrower be entitled to receive any Advance, if at any time of $50,000,000 time, (the "INITIAL FUNDING COMMITMENT)". Lender and Borrower acknowledge that Lender has entered or will enter into written participation agreements which provide for Participant's fundings in respect of up to $25,000,000 of the Initial Funding Commitment. With respect to Advances under the Loan that would cause x) the aggregate outstanding principal balance of the Revolving Loan Component and the Term Loan Component divided by the aggregate unpaid principal balance of all Eligible Notes Receivable pledged to exceed $50,000,000Agent hereunder is, Lender's obligation to make or would be as a result of any such Advances is subject to and conditioned upon a Participant's providing funding to Lender in support of such Advances; and thereforeAdvance, Advances be in excess of $50,000,000 at any time shall be subject the Maximum Effective Advance Rate, (y) Borrower has failed to and conditioned upon a Participant providing incremental funds over $50,000,000 substantially adhere to the Business Plan, including the Senior Lender pursuant to a written participation agreement acceptable to Lender Advance Schedule, as determined by Agent in its sole and absolute discretion. Advances ; or (z) the most recent Weekly Flash Report indicates that Borrower has in excess of five million dollars ($5,000,000) in available unrestricted cash. Borrower acknowledges, agrees and confirms that Lenders' obligation to Borrower and Borrower's right to borrow under this Agreement is subject to the Initial Funding Commitment are hereinafter referred satisfaction of the conditions set forth in Section 4 hereof on or before May 31, 2002. Until such time as Agent determines that the conditions set forth in Section 4 hereof have been satisfied, all of Borrower's rights with respect to Advances shall be governed by and construed in accordance with the terms and conditions of the Original Loan Agreement, as modified by the Forbearance Agreement and the letter agreement dated April 15, 2002 (the "ADDITIONAL FUNDING COMMITMENTEXTENSION LETTER"). The maximum amount If the conditions set forth in Section 4 are not satisfied on or before May 31, 2002, then this Agreement, and the respective rights and obligations of the Additional Funding Commitment shallparties hereto, subject to shall be null and void AB INITIO and of no further force and effect and the respective rights and obligations of Borrower, TFC and the other Lenders shall be governed by the terms and conditions of the Original Loan Agreement, as modified by the Forbearance Agreement. Anything contained in this Section 2.1(a2.1(b) hereof, be $25,000,000. Lender agrees to use reasonable efforts to procure one or more Participants to provide funding for the Additional Funding Commitment, and to use reasonable efforts to enter into and maintain in good standing additional written participation agreements satisfactory to Lender in its sole and absolute discretion to the extent necessary to provide for Advances up to contrary notwithstanding, the maximum amount of the Additional Funding Commitment, but in no event shall the total outstanding principal balance of the Loan exceed the amount determined Maximum Available Amount may also be reduced in accordance with Section 2.1(a) 13.11 hereof. If for any reason Lender does not procure Participants for the Additional Funding Commitment, or does procure such Participants but does not enter into a written participation agreement or agreements, acceptable to Lender in its sole and absolute discretion, with any such Participant for the Additional Funding Commitment, or if such a participation agreement is terminated, or if such a Participant fails to fund to Lender its participation share of the Loan as provided under its respective participation agreement, then, notwithstanding any provision in this Agreement, in the 1999 Commitment or in any Loan Document to the contrary, Lender shall have no obligation to make advances of principal under the Loans in excess of $50,000,000 in the aggregate."

Lending Limits. Borrower acknowledges, agrees and confirms that the obligations of Lender to make Loans under this Agreement to Borrower is limited to the lesser of: (i) the Borrowing Base or (ii) the Maximum Available Amount. Notwithstanding anything heretofore to the contrary, Borrower acknowledges, agrees and confirms that Lender shall have no obligation to make any Advance, nor shall Borrower be entitled to receive any Advance, if at any time, (x) the aggregate outstanding principal balance of the Revolving Loan Component and the Term Loan Component divided by the aggregate unpaid principal balance of all Eligible Notes Receivable pledged to Lender hereunder is, or would be as a result of any Advance, be in excess of the Maximum Effective Advance Rate, (y) Borrower has failed to substantially adhere to the Business Plan, including the Senior Lender Advance Schedule, as determined by Lender in its sole and absolute discretion; or (z) the most recent Weekly Flash Report indicates that Borrower has in excess of five million dollars ($5,000,000) in available unrestricted cash. Borrower acknowledges, agrees and confirms that Lender's obligation to fund Advances Borrower and Borrower's right to borrow under this Agreement is subject to the Loan is limited to a maximum aggregate principal amount at any time of $50,000,000 (the "INITIAL FUNDING COMMITMENT)". Lender and Borrower acknowledge that Lender has entered or will enter into written participation agreements which provide for Participant's fundings in respect of up to $25,000,000 satisfaction of the Initial Funding Commitmentconditions set forth in Paragraph 81 hereof on or before May 31, 2002. With Until such time as Lender determines that the conditions set forth in Paragraph 81 hereof have been satisfied, all of Borrower's rights with respect to Advances under the Loan that would cause the aggregate outstanding principal balance of the Loan to exceed $50,000,000, Lender's obligation to make any such Advances is subject to and conditioned upon a Participant's providing funding to Lender in support of such Advances; and therefore, Advances in excess of $50,000,000 at any time shall be subject to governed by and conditioned upon a Participant providing incremental funds over $50,000,000 to Lender pursuant to a written participation agreement acceptable to Lender in its sole and absolute discretion. Advances in excess of the Initial Funding Commitment are hereinafter referred to as the "ADDITIONAL FUNDING COMMITMENT". The maximum amount of the Additional Funding Commitment shall, subject to Section 2.1(a) hereof, be $25,000,000. Lender agrees to use reasonable efforts to procure one or more Participants to provide funding for the Additional Funding Commitment, and to use reasonable efforts to enter into and maintain in good standing additional written participation agreements satisfactory to Lender in its sole and absolute discretion to the extent necessary to provide for Advances up to the maximum amount of the Additional Funding Commitment, but in no event shall the total outstanding principal balance of the Loan exceed the amount determined construed in accordance with Section 2.1(a) hereofthe terms and conditions of the Original Agreement, as modified by the Forbearance Agreement and the Extension Letter. If for any reason Lender does the conditions set forth in Paragraph 81 are not procure Participants for the Additional Funding Commitmentsatisfied on or before May 31, or does procure such Participants but does not enter into a written participation agreement or agreements2002, acceptable to Lender in its sole and absolute discretion, with any such Participant for the Additional Funding Commitment, or if such a participation agreement is terminated, or if such a Participant fails to fund to Lender its participation share of the Loan as provided under its respective participation agreement, then, notwithstanding any provision in then this Agreement, in and the 1999 Commitment or in any Loan Document to respective rights and obligations of the contraryparties hereto, shall be null and void AB INITIO and of no further force and effect and the respective rights and obligations of Borrower and Lender shall have no obligation to make advances be governed by the terms and conditions of principal under the Loans in excess of $50,000,000 in Original Agreement, as modified by the aggregateForbearance Agreement and the Extension Letter."

Lending Limits. Borrower acknowledges, agrees and confirms that the obligations of all Lenders, including TFC, to make Loans under this Agreement to Borrower is limited to the lesser of: (i) the Borrowing Base or (ii) the Maximum Available Amount. Borrower further acknowledges, agrees and confirms that the obligation of each Lender, including TFC, to make loans hereunder to Borrower is limited to: (i) with respect to each Advance hereunder, each Lender's Pro Rata Percentage of any such Advance hereunder and (ii) with respect to all Advances made hereunder, such Lender's obligation to fund Advances under the Loan is hereunder shall be limited to a maximum aggregate principal amount its Pro Rata Percentage of the Maximum Available Amount. Notwithstanding anything heretofore to the contrary, Borrower acknowledges, agrees and confirms that Lenders shall have no obligation to make any Advance, nor shall Borrower be entitled to receive any Advance, if at any time of $50,000,000 time, (the "INITIAL FUNDING COMMITMENT)". Lender and Borrower acknowledge that Lender has entered or will enter into written participation agreements which provide for Participant's fundings in respect of up to $25,000,000 of the Initial Funding Commitment. With respect to Advances under the Loan that would cause x) the aggregate outstanding principal balance of the Revolving Loan Component and the Term Loan Component divided by the aggregate unpaid principal balance of all Eligible Notes Receivable pledged to exceed $50,000,000Agent hereunder is, Lender's obligation to make or would be as a result of any such Advances is subject to and conditioned upon a Participant's providing funding to Lender in support of such Advances; and thereforeAdvance, Advances be in excess of $50,000,000 at any time shall be subject the Maximum Effective Advance Rate, (y) Borrower has failed to and conditioned upon a Participant providing incremental funds over $50,000,000 substantially adhere to the Business Plan, including the Senior Lender pursuant to a written participation agreement acceptable to Lender Advance Schedule, as determined by Agent in its sole and absolute discretion. Advances ; or (z) the most recent Weekly Flash Report indicates that Borrower has in excess of five million dollars ($5,000,000) in available unrestricted cash. Borrower acknowledges, agrees and confirms that Lenders' obligation to Borrower and Borrower's right to borrow under this Agreement is subject to the Initial Funding Commitment are hereinafter referred satisfaction of the conditions set forth in Section 4 hereof on or before May 31, 2002. Until such time as Agent determines that the conditions set forth in Section 4 hereof have been satisfied, all of Borrower's rights with respect to Advances shall be governed by and construed in accordance with the terms and conditions of the Original Loan Agreement, as modified by the Forbearance Agreement and the letter agreement dated April 15, 2002 (the "ADDITIONAL FUNDING COMMITMENTExtension Letter"). The maximum amount If the conditions set forth in Section 4 are not satisfied on or before May 31, 2002, then this Agreement, and the respective rights and obligations of the Additional Funding Commitment shallparties hereto, subject to shall be null and void AB INITIO and of no further force and effect and the respective rights and obligations of Borrower, TFC and the other Lenders shall be governed by the terms and conditions of the Original Loan Agreement, as modified by the Forbearance Agreement. Anything contained in this Section 2.1(a2.1(b) hereof, be $25,000,000. Lender agrees to use reasonable efforts to procure one or more Participants to provide funding for the Additional Funding Commitment, and to use reasonable efforts to enter into and maintain in good standing additional written participation agreements satisfactory to Lender in its sole and absolute discretion to the extent necessary to provide for Advances up to contrary notwithstanding, the maximum amount of the Additional Funding Commitment, but in no event shall the total outstanding principal balance of the Loan exceed the amount determined Maximum Available Amount may also be reduced in accordance with Section 2.1(a) 13.11 hereof. If for any reason Lender does not procure Participants for the Additional Funding Commitment, or does procure such Participants but does not enter into a written participation agreement or agreements, acceptable to Lender in its sole and absolute discretion, with any such Participant for the Additional Funding Commitment, or if such a participation agreement is terminated, or if such a Participant fails to fund to Lender its participation share of the Loan as provided under its respective participation agreement, then, notwithstanding any provision in this Agreement, in the 1999 Commitment or in any Loan Document to the contrary, Lender shall have no obligation to make advances of principal under the Loans in excess of $50,000,000 in the aggregate."