Common use of Permitted Foreign Facilities Clause in Contracts

Permitted Foreign Facilities. So long as no Default or Event of Default then exists, or would result therefrom, the Borrower Agent shall have the right at any time, and from time to time, to request the establishment of one or more Permitted Foreign Facilities denominated in U.S. Dollars or other currencies to be agreed by the Agent, the Borrower Agent and the Lenders issuing commitments under such facility (each, an “Incremental Foreign Facility Lender”) in an aggregate principal amount not to exceed the Dollar Equivalent of $60,000,000. Each such Incremental Foreign Facility may provide for Loans to be made to (i) specified U.S. Loan Parties or (ii) any Foreign Subsidiaries of the Company and guarantied by the U.S. Loan Parties, all upon terms and conditions (including interest rate margins, fees, Borrowing Base provisions and applicable currency) to be agreed by the Company, the Agent and the applicable Incremental Foreign Facility Lender(s) in accordance with Section 9.02(b). Loans to U.S. Loan Parties under such Incremental Foreign Facilities and/or guarantees by U.S. Loan Parties of loans made to Foreign Subsidiaries shall constitute Secured Obligations under the Loan Documents.

Permitted Foreign Facilities. So long as no Default or Event of Default then exists, or would result therefrom, the Borrower Agent shall have the right at any time, and from time to time, to request the establishment of one or more Permitted Foreign Facilities denominated in U.S. Dollars or other currencies to be agreed by the Agent, the Borrower Agent and the Lenders issuing commitments under such facility (each, an “Incremental Foreign Facility Lender”) in an aggregate principal amount not to exceed the Dollar Equivalent of $60,000,000. Each such Incremental Foreign Facility may provide for Loans to be made to (i) specified U.S. Loan Parties or (ii) any Foreign Subsidiaries of the Company and guarantied guaranteed by the U.S. Loan Parties, all upon terms and conditions (including interest rate margins, fees, Borrowing Base provisions and applicable currency) to be agreed by the Company, the Agent and the applicable Incremental Foreign Facility Lender(s) in accordance with Section 9.02(b). Loans to U.S. Loan Parties under such Incremental Foreign Facilities and/or guarantees by U.S. Loan Parties of loans made to Foreign Subsidiaries shall constitute Secured Obligations under the Loan Documents.

Permitted Foreign Facilities. So long as no Default or Event of Default then exists, or would result therefrom, the The Borrower Agent shall have the right at any time, and from time to time, to request seek increases in the establishment of FILO Facility Revolving Commitment or establish one or more Permitted Foreign Facilities denominated in U.S. Dollars or other currencies to be agreed by the Agent, the Borrower Agent and the Lenders issuing commitments under such facility (each, an “Incremental Permitted Foreign Facility Lender”) in an aggregate principal amount not to exceed the Dollar Equivalent of $60,000,00030,000,000. Each such Incremental Permitted Foreign Facility may provide for Loans to be made to (i) specified U.S. Loan Parties, (ii) specified Canadian Loan Parties or (iiiii) any Foreign Subsidiaries of the Company and guarantied guaranteed by the U.S. Loan Parties, all upon terms and conditions (including interest rate margins, fees, Borrowing Base provisions and applicable currency) to be agreed by the Company, the Agent and the applicable Incremental Permitted Foreign Facility Lender(s) in accordance with Section 9.02(b). Loans to U.S. Loan Parties under such Incremental Permitted Foreign Facilities and/or guarantees by U.S. Loan Parties of loans made to Foreign Subsidiaries shall constitute Secured Obligations under the Loan Documents.