Common use of Lending Limits Clause in Contracts

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 hereunder shall be limited to 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, (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 Agent 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 Agent 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 Lenders' obligation to Borrower and Borrower's right to borrow under this Agreement is subject to the 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 "EXTENSION LETTER"). 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 parties hereto, 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(b) to the contrary notwithstanding, the Maximum Available Amount may also be reduced in accordance with Section 13.11 hereof.

Lending Limits. Borrower acknowledges, agrees and confirms that the obligations of all Lenders, including TFC, 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. 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 hereunder shall be limited to its Pro Rata Percentage of the Maximum Available Amount. Notwithstanding anything heretofore to the contrary, Borrower acknowledges, agrees and confirms that Lenders 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 Agent 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 Agent 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 Lenders' Lender's obligation to Borrower and Borrower's right to borrow under this Agreement is subject to the satisfaction of the conditions set forth in Section 4 Paragraph 81 hereof on or before May 31, 2002. Until such time as Agent Lender determines that the conditions set forth in Section 4 Paragraph 81 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 "EXTENSION LETTER")Extension Letter. If the conditions set forth in Section 4 Paragraph 81 are not satisfied on or before May 31, 2002, then this Agreement, and the respective rights and obligations of the parties hereto, shall be null and void AB INITIO and of no further force and effect and the respective rights and obligations of Borrower, TFC Borrower and the other Lenders Lender 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(b) to Agreement and the contrary notwithstanding, the Maximum Available Amount may also be reduced in accordance with Section 13.11 hereofExtension 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 hereunder shall be limited to 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, (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 Agent 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 Agent 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 Lenders' obligation to Borrower and Borrower's right to borrow under this Agreement is subject to the 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 "EXTENSION LETTERExtension Letter"). 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 parties hereto, 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(b) to the contrary notwithstanding, the Maximum Available Amount may also be reduced in accordance with Section 13.11 hereof.

Lending Limits. Borrower acknowledges, agrees and confirms that Lender's obligation to fund Advances under the obligations of all Lenders, including TFC, to make Loans under this Agreement to Borrower Loan is limited to a maximum aggregate principal amount at any time of $50,000,000 (the lesser of: (i) "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 Borrowing Base or (ii) the Maximum Available AmountInitial Funding Commitment. 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 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 hereunder shall be limited to its Pro Rata Percentage of under the Maximum Available Amount. Notwithstanding anything heretofore to the contrary, Borrower acknowledges, agrees and confirms Loan that Lenders shall have no obligation to make any Advance, nor shall Borrower be entitled to receive any Advance, if at any time, (x) would cause the aggregate outstanding principal balance of the Revolving Loan Component to exceed $50,000,000, Lender's obligation to make any such Advances is subject to and the Term Loan Component divided by the aggregate unpaid principal balance conditioned upon a Participant's providing funding to Lender in support of all Eligible Notes Receivable pledged to Agent hereunder issuch Advances; and therefore, or would be as a result of any Advance, be Advances in excess of the Maximum Effective Advance Rate, (y) Borrower has failed $50,000,000 at any time shall be subject to substantially adhere and conditioned upon a Participant providing incremental funds over $50,000,000 to the Business Plan, including the Senior Lender Advance Schedule, as determined by Agent pursuant to a written participation agreement acceptable to Lender in its sole and absolute discretion; or (z) the most recent Weekly Flash Report indicates that Borrower has . Advances in excess of five million dollars ($5,000,000) in available unrestricted cashthe Initial Funding Commitment are hereinafter referred to as the "ADDITIONAL FUNDING COMMITMENT". Borrower acknowledgesThe maximum amount of the Additional Funding Commitment shall, agrees and confirms that Lenders' obligation to Borrower and Borrower's right to borrow under this Agreement is 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 satisfaction 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 conditions set forth Additional Funding Commitment, but in Section 4 hereof on or before May 31, 2002. Until such time as Agent determines that no event shall 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 total outstanding principal balance of the Original Loan Agreement, as modified by exceed the Forbearance Agreement and the letter agreement dated April 15, 2002 (the "EXTENSION LETTER"). 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 parties hereto, 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(b) to the contrary notwithstanding, the Maximum Available Amount may also be reduced amount determined in accordance with Section 13.11 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." 10 11