Common use of Revolving Credit Borrowing Clause in Contracts

Revolving Credit Borrowing. The U.S. Borrower --------------------------------------------- may borrow U.S. Revolving Credit Loans under the U.S. Revolving Credit Commitments on any Business Day during the U.S. Revolving Credit Commitment Period, provided that the U.S. Borrower shall give the General Administrative -------- Agent irrevocable notice (which notice must be received by the General Administrative Agent prior to 1:00 P.M., New York City time, (a) three Business Days prior to the requested Borrowing Date, in the case of Eurodollar Loans, or (b) one Business Day prior to the requested Borrowing Date, in the case of U.S. Base Rate Loans), specifying (i) the amount and Type of U.S. Revolving Credit Loans to be borrowed, (ii) the requested Borrowing Date and (iii) in the case of Eurodollar Loans, the length of the initial Interest Period therefor. Any U.S. Revolving Credit Loans made on the Restatement Effective Date shall initially be U.S. Base Rate Loans, and prior to October 31, 2000 no U.S. Revolving Credit Loan may be made as, converted into or continued as a Eurodollar Loan having an Interest Period in excess of one month. Each borrowing of U.S. Revolving Credit Loans under the U.S. Revolving Credit Commitments shall be in an amount equal to (x) in the case of U.S. Base Rate Loans, U.S.$250,000 or integral multiples of $100,000 in excess thereof (or, if the then aggregate Available U.S. Revolving Credit Commitments are less than U.S.$250,000, such lesser amount) and (y) in the case of Eurodollar Loans, U.S.$1,000,000 or integral multiples of $500,000 in excess thereof; provided, that the Swing Line Lender may request, on behalf -------- of the U.S. Borrower, borrowings of U.S. Base Rate Loans under the U.S. Revolving Credit Commitments in other amounts pursuant to Section 2.7. Upon receipt of any such notice from the U.S. Borrower, the General Administrative Agent shall promptly notify each U.S. Revolving Credit Lender thereof. Each U.S. Revolving Credit Lender will make its U.S. Revolving Credit Percentage of the amount of each borrowing of U.S. Revolving Credit Loans available to the General Administrative Agent for the account of the U.S. Borrower at the U.S. Funding Office prior to 12:00 Noon, New York City time, on the Borrowing Date requested by the U.S. Borrower in funds immediately available to the General Administrative Agent. Such borrowing will then be made available to the U.S. Borrower by the General Administrative Agent in like funds as received by the General Administrative Agent.

Revolving Credit Borrowing. The U.S. Borrower --------------------------------------------- may borrow U.S. Subject to the terms and conditions set forth herein, each Revolving Credit Loans under the U.S. Lender severally agrees to make loans (each such loan, a “Revolving Credit Commitments Loan”) to any of the Borrowers in Dollars or in one or more Alternative Currencies from time to time, on any Business Day during the U.S. Availability Period, the Dollar Equivalent of which does not exceed at any time outstanding the amount of such Revolving Credit Commitment PeriodLender’s Revolving Credit Commitment; provided, however, that after giving effect to any Revolving Credit Borrowing, (i) the Total Revolving Credit Outstandings shall not exceed the Revolving Credit Facility, and (ii) the Revolving Credit Exposure shall not exceed such Revolving Credit Lender’s Revolving Credit Commitment; and provided further that Toro Luxembourg may not request a Revolving Credit Borrowing, and no Lender shall have any obligation to make a Revolving Credit Loan to Toro Luxembourg, until such documents, opinions, certificates and other items, each in form and substance satisfactory to the U.S. Borrower shall give Administrative Agent, are delivered to the General Administrative -------- Agent irrevocable notice (which notice must be received by the General Administrative Agent prior pursuant to 1:00 P.M., New York City timeSections 4.01(a)(iii), (aiv), (vi) and (vii). Within the limits of each Revolving Credit Lender’s Revolving Credit Commitment, and subject to the other terms and conditions hereof, the Borrowers may borrow under this Section 2.01, prepay under Section 2.05, and reborrow under this Section 2.01. Revolving Credit Loans may be Base Rate Loans, Term SOFR Loans, Alternative Currency Term Rate Loans or Alternative Currency Daily Rate Loans as further provided herein; provided, however, that any Borrowings made on the Closing Date or any of the three (3) Business Days following the Closing Date shall be made as Base Rate Loans unless Toro delivers a Funding Indemnity Letter not less than three (3) Business Days prior to the requested Borrowing Date, in the case date of Eurodollar Loans, or (b) one Business Day prior to the requested Borrowing Date, in the case of U.S. Base Rate Loans), specifying (i) the amount and Type of U.S. Revolving Credit Loans to be borrowed, (ii) the requested Borrowing Date and (iii) in the case of Eurodollar Loans, the length of the initial Interest Period therefor. Any U.S. Revolving Credit Loans made on the Restatement Effective Date shall initially be U.S. Base Rate Loans, and prior to October 31, 2000 no U.S. Revolving Credit Loan may be made as, converted into or continued as a Eurodollar Loan having an Interest Period in excess of one month. Each borrowing of U.S. Revolving Credit Loans under the U.S. Revolving Credit Commitments shall be in an amount equal to (x) in the case of U.S. Base Rate Loans, U.S.$250,000 or integral multiples of $100,000 in excess thereof (or, if the then aggregate Available U.S. Revolving Credit Commitments are less than U.S.$250,000, such lesser amount) and (y) in the case of Eurodollar Loans, U.S.$1,000,000 or integral multiples of $500,000 in excess thereof; provided, that the Swing Line Lender may request, on behalf -------- of the U.S. Borrower, borrowings of U.S. Base Rate Loans under the U.S. Revolving Credit Commitments in other amounts pursuant to Section 2.7. Upon receipt of any such notice from the U.S. Borrower, the General Administrative Agent shall promptly notify each U.S. Revolving Credit Lender thereof. Each U.S. Revolving Credit Lender will make its U.S. Revolving Credit Percentage of the amount of each borrowing of U.S. Revolving Credit Loans available to the General Administrative Agent for the account of the U.S. Borrower at the U.S. Funding Office prior to 12:00 Noon, New York City time, on the Borrowing Date requested by the U.S. Borrower in funds immediately available to the General Administrative Agent. Such borrowing will then be made available to the U.S. Borrower by the General Administrative Agent in like funds as received by the General Administrative AgentBorrowing.

Revolving Credit Borrowing. The U.S. Borrower --------------------------------------------- may borrow U.S. Except as otherwise provided in Section 2.02(b) or Section 2.03(c), each Revolving Credit Loans under the U.S. Revolving Credit Commitments Borrowing shall be made on any Business Day during the U.S. Revolving Credit Commitment Periodnotice, provided that the U.S. Borrower shall give the General Administrative -------- Agent irrevocable notice given not later than (which notice must be received by the General Administrative Agent prior to 1:00 P.M., x) 11:00 A.M. (New York City time, (a) three Business Days prior to on the requested Borrowing Date, in the case of Eurodollar Loans, or (b) one third Business Day prior to the requested date of the proposed Revolving Credit Borrowing Date, in the case of U.S. a Revolving Credit Borrowing consisting of Eurodollar Rate Advances, or (y) 11:00 A.M. (New York City time) on the date of the proposed Revolving Credit Borrowing in the case of a Revolving Credit Borrowing consisting of Base Rate Loans)Advances, by the Borrower to the Agent, which shall give to each Lender prompt notice thereof by telecopier. Each such notice of a Revolving Credit Borrowing (a “Notice of Revolving Credit Borrowing”) shall be by telephone, confirmed immediately in writing, or telecopier in substantially the form of Exhibit B hereto, specifying therein the requested (i) the amount and Type date of U.S. such Revolving Credit Loans to be borrowedBorrowing, (ii) the requested Borrowing Date Type of Advances comprising such Revolving Credit Borrowing, (iii) aggregate amount of such Revolving Credit Borrowing, and (iiiiv) in the case of a Revolving Credit Borrowing consisting of Eurodollar LoansRate Advances, the length of the initial Interest Period therefor. Any U.S. for each such Revolving Credit Loans made Advance. Each Lender shall, before 11:00 A.M. (New York City time) on the Restatement Effective Date shall initially be U.S. Base Rate Loans, and prior to October 31, 2000 no U.S. date of such Revolving Credit Loan may be made asBorrowing, converted into or continued as a Eurodollar Loan having an Interest Period in excess of one month. Each borrowing of U.S. Revolving Credit Loans under the U.S. Revolving Credit Commitments shall be in an amount equal to (x) in the case of U.S. Base Rate Loans, U.S.$250,000 or integral multiples of $100,000 in excess thereof (or, if the then aggregate Available U.S. Revolving Credit Commitments are less than U.S.$250,000, such lesser amount) and (y) in the case of Eurodollar Loans, U.S.$1,000,000 or integral multiples of $500,000 in excess thereof; provided, that the Swing Line Lender may request, on behalf -------- of the U.S. Borrower, borrowings of U.S. Base Rate Loans under the U.S. Revolving Credit Commitments in other amounts pursuant to Section 2.7. Upon receipt of any such notice from the U.S. Borrower, the General Administrative Agent shall promptly notify each U.S. Revolving Credit Lender thereof. Each U.S. Revolving Credit Lender will make its U.S. Revolving Credit Percentage of the amount of each borrowing of U.S. Revolving Credit Loans available to the General Administrative Agent for the account of its Applicable Lending Office to the U.S. Agent at the applicable Agent’s Account, in same day funds, such Lender’s ratable portion of such Revolving Credit Borrowing. After the Agent’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Agent will make such funds available to the Borrower at the U.S. Funding Office prior Agent’s address referred to 12:00 Noonin Section 9.02 or at such other address as may be designated in writing to the Agent by the Borrower; provided, New York City timehowever, that the Agent shall first make a portion of such funds equal to the aggregate principal amount of any Swing Line Advances made by the Swing Line Banks and by any other Lender and outstanding on the Borrowing Date requested by the U.S. Borrower in funds immediately date of such Revolving Credit Borrowing, plus interest accrued and unpaid thereon to and as of such date, available to the General Administrative Agent. Such borrowing will then be made available to the U.S. Borrower by the General Administrative Agent in like funds as received by the General Administrative AgentSwing Line Banks and such other Lenders for repayment of such Swing Line Advances.

Revolving Credit Borrowing. The U.S. Borrower --------------------------------------------- may borrow U.S. Revolving Credit Loans under the U.S. Revolving Credit Commitments on any Business Day during the U.S. Revolving Credit Commitment Period, provided that the U.S. Borrower shall give the General Administrative -------- -------------------------- Agent irrevocable telephonic notice (promptly confirmed in writing in a Borrowing Notice) (which notice must be received by the General Administrative Agent prior to 1:00 P.M.Noon, New York City Chicago time, (a) three Business Days prior to the requested Borrowing Date, in the case of Eurodollar LoansLoans (accompanied in the case of the initial Loans consisting of Eurodollar Loans on the Closing Date by appropriate indemnification letters to protect the Administrative Agent and Revolving Credit Lenders in the event such Eurodollar Loans are not disbursed on the date set forth in such notice), or (b) one Business Day prior to the requested Borrowing Date, in the case of U.S. Base Rate LoansLoans (excluding Swingline Loans and Revolving Loans made pursuant to a Mandatory Borrowing)), specifying (i) the amount and Type of U.S. Revolving Credit Loans to be borrowed, (ii) the requested Borrowing Date Date, and (iii) in the case of Eurodollar Loans, the length respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor. Any U.S. Revolving Credit Loans made on the Restatement Effective Date shall initially be U.S. Base Rate Loans, and prior to October 31, 2000 no U.S. Revolving Credit Loan may be made as, converted into or continued as a Eurodollar Loan having an Interest Period in excess of one month. Each borrowing of U.S. Revolving Credit Loans under the U.S. Revolving Credit Commitments shall be in an amount equal to (x) in the case of U.S. Base Rate Loans, U.S.$250,000 Loans $1,000,000 or integral multiples a whole multiple of $100,000 500,000 in excess thereof (or, if the then aggregate Available U.S. Revolving Credit Commitments are less than U.S.$250,000$1,000,000, such lesser amount) and (y) in the case of Eurodollar Loans, U.S.$1,000,000 Loans $1,000,000 or integral multiples a whole multiple of $500,000 in excess thereof; provided, that the Swing Line Lender may request, on behalf -------- of the U.S. Borrower, borrowings of U.S. Base Rate Loans under the U.S. Revolving Credit Commitments in other amounts pursuant to Section 2.7. Upon receipt of any such notice from the U.S. Borrower, the General Administrative Agent shall promptly notify each U.S. Revolving Credit Lender thereofof the receipt of the Borrower's request prior to the end of business on the day the Administrative Agent timely receives such notice from the Borrower. Each U.S. Revolving Credit Lender will make its U.S. Revolving Credit Percentage of the amount of its pro rata share of each borrowing of U.S. Revolving Credit Loans available to the General Administrative Agent for the account of the U.S. Borrower at the U.S. Funding Administrative Agent's Payment Office prior to 12:00 Noon1:00 P.M., New York City Chicago time, on the requested Borrowing Date requested by the U.S. Borrower in funds immediately available to the General Administrative Agent. Such borrowing will then be made available, no later than 2:00 P.M., Chicago time, on the requested Borrowing Date, to the Borrower by the Administrative Agent crediting the account of the Borrower on the books of such office with the aggregate of the amounts made available to the U.S. Borrower Administrative Agent by the General Administrative Agent Revolving Credit Lenders and in like funds as received by the General Administrative AgentAgent (or, in the event that the Borrower specifies in the relevant Borrowing Notice a different account into which such amounts should be transferred, the Administrative Agent shall, no later than 2:00 P.M., Chicago time, on the requested Borrowing Date, transfer to such account the aggregate amount made available to the Administrative Agent by the Revolving Credit Lenders in immediately available funds).

Revolving Credit Borrowing. The U.S. Borrower --------------------------------------------- may borrow U.S. Revolving Credit Loans under -------------------------- the U.S. Revolving Credit Commitments during the Revolving Credit Commitment Period on any Business Day during the U.S. Revolving Credit Commitment Period(each a "Borrowing"), provided that the U.S. Borrower shall give -------- the General Administrative -------- Agent irrevocable telephonic notice (promptly confirmed in writing in a Borrowing Notice) (which notice must be received by the General Administrative Agent prior to 1:00 P.M.Noon, New York City Chicago time, (a) three Business Days prior to the requested Borrowing Date, in the case of Eurodollar LoansLoans (accompanied in the case of the initial Revolving Credit Loans consisting of Eurodollar Loans on the Closing Date by appropriate indemnification letters to protect the Administrative Agent and Lenders in the event such Eurodollar Loans are not disbursed on the date set forth in such notice), or (b) one Business Day prior to the requested Borrowing Date, in the case of U.S. Base Rate LoansLoans (excluding Swingline Loans and Revolving Loans made pursuant to a Mandatory Borrowing)), specifying (i) the amount and Type of U.S. Revolving Credit Loans to be borrowed, (ii) the requested Borrowing Date Date, and (iii) in the case of Eurodollar Loans, the length respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor. Any U.S. Revolving Credit Loans made on the Restatement Effective Date shall initially be U.S. Base Rate Loans, and prior to October 31, 2000 no U.S. Revolving Credit Loan may be made as, converted into or continued as a Eurodollar Loan having an Interest Period in excess of one month. Each borrowing of U.S. Revolving Credit Loans under the U.S. Revolving Credit Commitments shall be in an amount equal to (x) in the case of U.S. Base Rate Loans, U.S.$250,000 Loans $1,000,000 or integral multiples a whole multiple of $100,000 500,000 in excess thereof (or, if the then aggregate Available U.S. Revolving Credit Commitments are less than U.S.$250,000$1,000,000, such lesser amount) and (y) in the case of Eurodollar Loans, U.S.$1,000,000 Loans $1,000,000 or integral multiples a whole multiple of $500,000 in excess thereof; provided, that the Swing Line Lender may request, on behalf -------- of the U.S. Borrower, borrowings of U.S. Base Rate Loans under the U.S. Revolving Credit Commitments in other amounts pursuant to Section 2.7. Upon receipt of any such notice from the U.S. Borrower, the General Administrative Agent shall promptly notify each U.S. Revolving Credit Lender thereofof the receipt of Borrower's request prior to the end of business on the day Administrative Agent timely receives such notice from Borrower. Each U.S. Revolving Credit Lender will make its U.S. Revolving Credit Percentage of the amount of its pro rata share of each borrowing of U.S. Revolving Credit Loans available to the General Administrative Agent for the account of the U.S. Borrower at the U.S. Funding Administrative Agent's Payment Office prior to 12:00 Noon1:00 P.M., New York City Chicago time, on the Borrowing Date requested by the U.S. Borrower in funds immediately available to the General Administrative Agent. Such borrowing will then be made available, no later than 2:00 P.M., Chicago time, on the requested Borrowing Date, to the Borrower by the Administrative Agent crediting the account of the Borrower on the books of such office with the aggregate of the amounts made available to the U.S. Borrower Administrative Agent by the General Administrative Agent Revolving Credit Lenders and in like funds as received by the General Administrative AgentAgent (or, in the event that the Borrower specifies in the relevant Borrowing Notice a different account into which such amounts should be transferred, the Administrative Agent shall, no later than 2:00 P.M., Chicago time, on the requested Borrowing Date, transfer to such account the aggregate amount made available to the Administrative Agent by the Revolving Credit Lenders in immediately available funds).