Common use of Refinancing Revolving Facilities Clause in Contracts

Refinancing Revolving Facilities. (a) The Borrower may, on one or more occasions, by written notice to the Administrative Agent, request the establishment hereunder of one or more additional Classes of revolving commitments (the “Refinancing Revolving Commitments”) pursuant to which each Person providing such a commitment (a “Refinancing Revolving Lender”) will make revolving loans to the Borrower (“Refinancing Revolving Loans”) and acquire participations in the Letters of Credit, Swing Line Loans and Protective Advances and all the then existing Revolving Commitments will be refinanced in full. Each such notice shall specify (i) the date on which the Borrower proposes that the Refinancing Revolving Commitments shall be effective, which shall be a date not less than 10 Business Days (or such shorter period as may be agreed to by the Administrative Agent) after the date on which such notice is delivered to the Administrative Agent, (ii) the amount of the Refinancing Revolving Commitments requested to be established and (iii) the identity of each Person proposed to become a Refinancing Revolving Lender in connection therewith (it being agreed that (A) any Lender approached to provide any Refinancing Revolving Commitment may elect or decline, in its sole discretion, to provide such Refinancing Revolving Commitment and (B) any Person that the Borrower proposes to be a Refinancing Revolving Lender, if such Person is not then a Lender, must be an Eligible Assignee and must be approved by the Administrative Agent, each Issuing Bank and the Swing Line Lender (such approval not to be unreasonably withheld or delayed)).

Refinancing Revolving Facilities. (a) The Borrower may, on one or more occasions, by written notice to the Administrative Agent, request the establishment hereunder of one or more additional Classes of revolving commitments (the “Refinancing Revolving Commitments”) pursuant to which each Person providing such a commitment (a “Refinancing Revolving Lender”) will make revolving loans to the Borrower (the “Refinancing Revolving Loans”) and acquire participations in the Letters of Credit, Swing Line Loans and Protective Advances and all the then existing Revolving Commitments will be refinanced in full. Each such notice shall specify (i) the date on which the Borrower proposes that the Refinancing Revolving Commitments shall be effective, which shall be a date not less than 10 Business Days (or such shorter period as may be agreed to by the Administrative Agent) after the date on which such notice is delivered to the Administrative Agent, (ii) the amount of the Refinancing Revolving Commitments requested to be established and (iii) the identity of each Person proposed to become a Refinancing Revolving Lender in connection therewith (it being agreed that (Ax) any Lender approached to provide any Refinancing Revolving Commitment may elect or decline, in its sole discretion, to provide such Refinancing Revolving Commitment and (By) any Person that the Borrower proposes to be a Refinancing Revolving Lender, if such Person is not then a Lender, must be an Eligible Assignee and and, if such approval would then be required under Section 10.6(c) for an assignment to such Person of a Commitment or Loan, must be approved by the Administrative Agent, each Issuing Bank and the Swing Line Lender (such approval not to be unreasonably withheld or delayed)).. 136

Refinancing Revolving Facilities. (a) The Borrower may, on one or more occasions, by written notice to the Administrative Agent, request the establishment hereunder of one or more additional Classes of revolving commitments (the “Refinancing Revolving Commitments”) pursuant to which each Person providing such a commitment (a “Refinancing Revolving Lender”) will make revolving loans to the Borrower (the “Refinancing Revolving Loans”) and acquire participations in the 143 ​ Letters of Credit, Swing Line Loans and Protective Advances and all the then existing Revolving Commitments will be refinanced in full. Each such notice shall specify (i) the date on which the Borrower proposes that the Refinancing Revolving Commitments shall be effective, which shall be a date not less than 10 Business Days (or such shorter period as may be agreed to by the Administrative Agent) after the date on which such notice is delivered to the Administrative Agent, (ii) the amount of the Refinancing Revolving Commitments requested to be established and (iii) the identity of each Person proposed to become a Refinancing Revolving Lender in connection therewith (it being agreed that (Ax) any Lender approached to provide any Refinancing Revolving Commitment may elect or decline, in its sole discretion, to provide such Refinancing Revolving Commitment and (By) any Person that the Borrower proposes to be a Refinancing Revolving Lender, if such Person is not then a Lender, must be an Eligible Assignee and and, if such approval would then be required under Section 10.6(c) for an assignment to such Person of a Commitment or Loan, must be approved by the Administrative Agent, each Issuing Bank and the Swing Line Lender (such approval not to be unreasonably withheld or delayed)).

Refinancing Revolving Facilities. (a) The Borrower may, on one or more occasions, by written notice to the Administrative Agent, request the establishment hereunder of one or more additional Classes of revolving commitments (the “Refinancing Revolving Commitments”) pursuant to which each Person providing such a commitment (a “Refinancing Revolving Lender”) will make revolving loans to the Borrower (the “Refinancing Revolving Loans”) and acquire participations in the Letters of Credit, Swing Line Loans and Protective Advances and all the then existing Revolving Commitments will be refinanced in full. Each such notice shall specify (i) the date on which the Borrower proposes that the Refinancing Revolving Commitments shall be effective, which shall be a date not less than 10 Business Days (or such shorter period as may be agreed to by the Administrative Agent) after the date on which such notice is delivered to the Administrative Agent, (ii) the amount of the Refinancing Revolving Commitments requested to be established and (iii) the identity of each Person proposed to become a Refinancing Revolving Lender in connection therewith (it being agreed that (Ax) any Lender approached to provide any Refinancing Revolving Commitment may elect or decline, in its sole discretion, to provide such Refinancing Revolving Commitment and (By) any Person that the Borrower proposes to be a Refinancing Revolving Lender, if such Person is not then a Lender, must be an Eligible Assignee and and, if such approval would then be required under Section 10.6(c) for an assignment to such Person of a Commitment or Loan, must be approved by the Administrative Agent, each Issuing Bank and the Swing Line Lender (such approval not to be unreasonably withheld or delayed)).. DMFIRM #406105327 v2 123

Refinancing Revolving Facilities. (a) The Borrower may, on one or more occasions, by written notice to the Administrative Agent, request the establishment hereunder of one or more additional Classes of revolving commitments (the “Refinancing Revolving Commitments”) pursuant to which each Person providing such a commitment (a “Refinancing Revolving Lender”) will make revolving loans to the Borrower (the “Refinancing Revolving Loans”) and acquire participations in the Letters of Credit, Swing Line Loans and Protective Advances and all the then existing Revolving Commitments will be refinanced in full. Each such notice shall specify (i) the date on which the Borrower proposes that the Refinancing Revolving Commitments shall be effective, which shall be a date not less than 10 Business Days (or such shorter period as may be agreed to by the Administrative Agent) after the date on which such notice is delivered to the Administrative Agent, (ii) the amount of the Refinancing Revolving Commitments requested to be established and (iii) the identity of each Person proposed to become a Refinancing Revolving Lender in connection therewith (it being agreed that (Ax) any Lender approached to provide any Refinancing Revolving Commitment may elect or decline, in its sole discretion, to provide such Refinancing Revolving Commitment and (By) any Person that the Borrower proposes to be a Refinancing Revolving Lender, if such Person is not then a Lender, must be an Eligible Assignee and and, if such approval would then be required under Section 10.6(c) for an assignment to such Person of a Commitment or Loan, must be approved by the Administrative Agent, each Issuing Bank and the Swing Line Lender (such approval not to be unreasonably withheld or delayed)).. (b) The terms and conditions of any Refinancing Revolving Commitments and the Refinancing Revolving Loans to be made thereunder shall be as determined by the Borrower and the applicable Refinancing Revolving Lenders and set forth in the applicable Refinancing Facility Agreement; provided that an Issuing Bank or the Swing Line Lender shall not be required to issue, amend or extend any Letter of Credit under such Refinancing Revolving Commitments or make any Swing Line Loan, as applicable, unless such Issuing Bank or the Swing Line Lender, as the case may be, shall have consented to act in such capacity under the Refinancing Revolving Commitments. The Refinancing Revolving Commitments shall be effected pursuant to one or more Refinancing Facility Agreements executed and delivered by the Borrower, each Refinancing Revolving Lender providing such Refinancing Revolving DMFIRM #406105327 v12 143

Refinancing Revolving Facilities. (a) The Borrower may, on one or more occasions, by written notice to the Administrative Agent, request the establishment hereunder of one or more additional Classes of revolving commitments (the “Refinancing Revolving Commitments”) pursuant to which each Person providing such a commitment (a “Refinancing Revolving Lender”) will make revolving loans to the Borrower (the “Refinancing Revolving Loans”) and acquire participations in the Letters of Credit, Swing Line Loans and Protective Advances and all the then existing Revolving Commitments will be refinanced in full. Each such notice shall specify (i) the date on which the Borrower proposes that the Refinancing Revolving Commitments shall be effective, which shall be a date not less than 10 Business Days (or such shorter period as may be agreed to by the Administrative Agent) after the date on which such notice is delivered to the Administrative Agent, (ii) the amount of the Refinancing Revolving Commitments requested to be established and (iii) the identity of each Person proposed to become a Refinancing Revolving Lender in connection therewith (it being agreed that (Ax) any Lender approached to provide any Refinancing Revolving Commitment may elect or decline, in its sole discretion, to provide such Refinancing Revolving Commitment and (By) any Person that the Borrower proposes to be a Refinancing Revolving Lender, if such Person is not then a Lender, must be an Eligible Assignee and and, if such approval would then be required under Section 10.6(c) for an assignment to such Person of a Commitment or Loan, must be approved by the Administrative Agent, each Issuing Bank and the Swing Line Lender (such approval not to be unreasonably withheld or delayed)).