Common use of Revolving Credit Facility Clause in Contracts

Revolving Credit Facility. On the terms and subject to the conditions hereinafter set forth, including Article III, each Lender severally agrees to make Advances (including, in the case of the Swingline Lender, any Swingline Advances) from time to time on any Business Day during the Reinvestment Period (or immediately thereafter pursuant to Section 8.04), on a pro rata basis in each case in an aggregate principal amount at any one time outstanding up to but not exceeding such Lender’s Commitment and, as to all Lenders, in an aggregate principal amount up to but not exceeding the Maximum Available Amount as then in effect. For the avoidance of doubt, each Xxxxxx’s obligation to refund Swingline Advances pursuant to Section 2.15 shall constitute usage of its Commitment. Each such borrowing of an Advance on any single day is referred to herein as a “Borrowing”. Within such limits and subject to the other terms and conditions of this Agreement, the Borrower may borrow (and re-borrow) Advances under this Section 2.01 and prepay Advances under Section 2.05. On the terms and conditions hereinafter set forth, from time to time from the Closing Date until the end of the Reinvestment Period, the Borrower may request the Swingline Lender to make Swingline Advances to the Borrower, secured by the Collateral; provided that the Swingline Lender shall not fund any Swingline Advance if, after giving effect to the amount of the Swingline Advance requested, the aggregate principal amount of Advances outstanding would exceed the Borrowing Base. Advances to be made for the purpose of refunding Swingline Advances shall be made by the Lenders as provided in Section 2.15.

Revolving Credit Facility. On the terms and subject to the conditions hereinafter set forth, including Article III, each Lender severally agrees to make available to the Borrower an uncommitted revolving credit facility providing for Advances (including, in the case of the Swingline Lender, any Swingline Advances) under each Class from time to time in Available Currencies on any Business Day during the Reinvestment Period (or immediately thereafter pursuant to Section 8.04), on a pro rata basis based on each Lender’s unused Individual Lender Maximum Funding Amount as of such date, in each case in an aggregate principal amount at any one time outstanding up to but not exceeding the Dollar Equivalent of such Lender’s Commitment Individual Lender Maximum Funding Amount and, as to all Lenders, in an aggregate principal amount at any one time outstanding up to but not exceeding the Dollar Equivalent of the Maximum Available Amount as then in effect. For the avoidance of doubt; provided that, after making any such Advance, each Xxxxxx’s obligation to refund Swingline Advances pursuant to Section 2.15 Class Minimum OC Coverage Test shall constitute usage of its Commitment. Each such borrowing of an Advance on any single day is referred to herein as a “Borrowing”be satisfied. Within such limits and subject to the other terms and conditions of this Agreement, the Borrower may borrow (and re-borrow) Advances under this Section 2.01 and prepay Advances under Section 2.052.06. On Notwithstanding anything in this Agreement to the terms contrary, the parties hereto acknowledge that this is an uncommitted facility and conditions hereinafter set forth, from time to time from there is no express or implied commitment on the Closing Date until the end part of the Reinvestment PeriodAdministrative Agent or any Lender to provide any Advance, except that, in the case of Collateral Loans approved by means of an Approval Request or Approved List, the Borrower may request Lenders shall have committed to fund the Swingline Lender to make Swingline related Advances (up to the Borrower, secured by amount(s) specified in the Collateral; related Approval Request or Approved List) provided that the Swingline Lender shall not fund any Swingline Advance if, after giving effect to the amount of the Swingline Advance requested, the aggregate principal amount of Advances outstanding would exceed the Borrowing Base. Advances to be made for the purpose of refunding Swingline Advances shall be made by the Lenders as provided related conditions precedent set forth in Section 2.15Article III are satisfied.

Revolving Credit Facility. On the terms and subject to the conditions hereinafter set forth, including Article III, each Lender severally agrees to make available to the Borrower an uncommitted revolving credit facility providing for Advances (including, in the case of the Swingline Lender, any Swingline Advances) from time to time in Available Currencies on any Business Day during the Reinvestment Period (or immediately thereafter pursuant to Section 8.04), on a pro rata basis based on each Lender’s unused Individual Lender Maximum Funding Amount as of such date, in each case in an aggregate principal amount at any one time outstanding up to but not exceeding the Dollar Equivalent of such Lender’s Commitment Individual Lender Maximum Funding Amount and, as to all Lenders, in an aggregate principal amount at any one time outstanding up to but not exceeding the Dollar Equivalent of the Maximum Available Amount as then in effect. For ; provided that, after making any such Advance, (i) the avoidance of doubt, each Xxxxxx’s obligation to refund Swingline Advances pursuant to Section 2.15 Minimum OC Coverage Test shall constitute usage of its Commitment. Each such borrowing be satisfied and (ii) in the case of an Advance denominated in an Available Currency other than Dollars, the Foreign Currency Advance Amount would not exceed the Non-Dollar Sublimit on any single day is referred to herein such day. The Eligible Currency Advances shall be made solely by the Multicurrency Lenders and the Dollar Advances shall be made solely by the Dollar Lenders or the Multicurrency Lenders, as a “Borrowing”applicable, in each case in accordance with Section 2.03(c). Within such limits and subject to the other terms and conditions of this Agreement, the Borrower may borrow (and re-borrow) Advances under this Section 2.01 and prepay Advances under Section 2.052.06. On Notwithstanding anything in this Agreement to the terms contrary, the parties hereto acknowledge that this is an uncommitted facility and conditions hereinafter set forth, from time to time from there is no express or implied commitment on the Closing Date until the end part of the Reinvestment PeriodAdministrative Agent or any Lender to provide any Advance, except that, in the case of Collateral Loans approved by means of an Approval Request or Approved List, the Borrower may request Lenders shall have committed to fund the Swingline Lender to make Swingline related Advances (up to the Borrower, secured by amount(s) specified in the Collateral; related Approval Request or Approved List) provided that the Swingline Lender shall not fund any Swingline Advance if, after giving effect to the amount of the Swingline Advance requested, the aggregate principal amount of Advances outstanding would exceed the Borrowing Base. Advances to be made for the purpose of refunding Swingline Advances shall be made by the Lenders as provided related conditions precedent set forth in Section 2.15Article III are satisfied.

Revolving Credit Facility. On the terms and subject to the conditions hereinafter set forth, including Article III, (i) each Lender severally agrees to make available to the Borrower an uncommitted revolving credit facility providing for Advances (including, in the case of the Swingline Lender, any Swingline Advances) under each Tranche from time to time in Available Currencies on any Business Day during the Reinvestment Period (or immediately thereafter pursuant to Section 8.04), on a pro rata basis based on each Lender’s unused Individual Lender Maximum Funding Amount as of such date, in each case in an aggregate principal amount at any one time outstanding up to but not exceeding such Lender’s Commitment Individual Lender Maximum Funding Amount and, as to all Lenders, in an aggregate principal amount at any one time outstanding up to but not exceeding the Dollar Equivalent of the Maximum Available Amount as then in effect. For effect and (ii) the avoidance of doubt, each Xxxxxx’s obligation Swingline Lender hereby agrees to refund make available to the Borrower on an uncommitted basis Swingline Advances under each Tranche from time to time in Dollars on any Business Day during the Reinvestment Period (or immediately thereafter pursuant to Section 2.15 8.04) in an aggregated principal amount at any one time outstanding up to but not exceeding the Swingline Maximum Funding Amount; provided that, after making any such Advance, (i) each Tranche’s Tranche Minimum OC Coverage Test shall constitute usage of its Commitment. Each such borrowing be satisfied and (ii) in the case of an Advance denominated in an Available Currency other than Dollars, the Foreign Currency Advance Amount would not exceed the Non-Dollar Sublimit on any single day is referred such day. The Eligible Currency Advances shall be made solely by the Multicurrency Lenders and the Dollar Advances shall be made solely by the Dollar Lenders or the Multicurrency Lenders, as applicable, in each case in accordance with Section 2.03(c). Swingline Advances shall be made only in Dollars. The Swingline Lender shall not be required to herein as make a “Borrowing”Swingline Advance to refinance an outstanding Swingline Advance. Within such limits and subject to the other terms and conditions of this Agreement, the Borrower may borrow (and re-borrow) Advances under this Section 2.01 and prepay Advances under Section 2.052.06. On Notwithstanding anything in this Agreement to the terms contrary, the parties hereto acknowledge that this is an uncommitted facility and conditions hereinafter set forth, from time to time from there is no express or implied commitment on the Closing Date until the end part of the Reinvestment PeriodAdministrative Agent or any Lender to provide any Advance except that, in the case of Collateral Loans approved by means of an Approval Request or Approved List, the Borrower may request Lenders shall have committed to fund the Swingline Lender to make Swingline related Advances (up to the Borrower, secured by amount(s) specified in the Collateral; related Approval Request or Approved List) provided that the Swingline Lender shall not fund any Swingline Advance if, after giving effect to the amount of the Swingline Advance requested, the aggregate principal amount of Advances outstanding would exceed the Borrowing Base. Advances to be made for the purpose of refunding Swingline Advances shall be made by the Lenders as provided related conditions precedent set forth in Section 2.15Article III are satisfied or waived.

Revolving Credit Facility. On the terms (a) REVOLVING LOAN. Provided there does not then exist a Default or an Event of Default, and subject to the terms and conditions hereinafter herein set forth, including Article III, each Lender agrees severally agrees (and not jointly) to make Advances (including, in the case of the Swingline Lender, any Swingline Advances) available from time to time on any Business Day during until the Reinvestment Period (or immediately thereafter pursuant Termination Date its Pro Rata Share of advances to Section 8.04)the Borrowers, on a pro rata revolving credit basis in each case (the "Revolving Loan"), in an aggregate principal amount outstanding at any one time outstanding up to but not exceeding such Lender’s Commitment and, as to all Lendersin excess of the lesser of (i) the Revolving Loan Facility or (ii) the Aggregate Borrowing Base, in an aggregate principal amount up to but not exceeding each case less the Maximum Available Amount as then in effectLender Guaranty Reserve outstanding at such time ("Borrowing Availability"). For Although the avoidance Borrower Representative may request advances under the Revolving Loan or the incurrence of doubt, each Xxxxxx’s obligation to refund Swingline Advances Lender Guaranty Liabilities pursuant to Section 2.15 shall constitute usage of its Commitment. Each such borrowing of an Advance on any single day is referred to herein as a “Borrowing”. Within such limits and subject to the other terms and conditions of this Agreement, the aggregate advances under the Revolving Loan and Lender Guaranty Liabilities outstanding to each Borrower may borrow shall not exceed at any time the Borrowing Base of such Borrower. The Agent reserves the right in its credit judgment, upon ten (and re-borrow10) Advances under this Section 2.01 and prepay Advances under Section 2.05. On the terms and conditions hereinafter set forth, from time days' prior written notice to time from the Closing Date until the end of the Reinvestment Period, the Borrower may request Representative (i) to adjust any eligibility criteria or establish new eligibility criteria, (ii) modify the Swingline Lender advance rates against Eligible Accounts, and (iii) establish reserves against Borrowing Availability; PROVIDED that upon the occurrence and during the continuance of a Default or an Event of Default no prior notice shall be required to make Swingline Advances be given to the Borrower, secured by the Collateral; provided that the Swingline Lender shall not fund any Swingline Advance if, after giving effect to the amount of the Swingline Advance requested, the aggregate principal amount of Advances outstanding would exceed the Borrowing Base. Advances to be made for the purpose of refunding Swingline Advances shall be made by the Lenders as provided in Section 2.15Borrower Representative.

Revolving Credit Facility. On the terms and subject to the conditions hereinafter set forth, including Article III, each Lender severally agrees to make available to the Borrower an uncommitted revolving credit facility providing for Advances (including, in the case of the Swingline Lender, any Swingline Advances) from time to time in Available Currencies on any Business Day during the Reinvestment Period (or immediately thereafter pursuant to Section 8.04), on a pro rata basis based on each Lender’s unused Individual Lender Maximum Funding Amount as of such date, in each case in an aggregate principal amount at any one time outstanding up to but not exceeding the Dollar Equivalent of such Lender’s Commitment Individual Lender Maximum Funding Amount and, as to all Lenders, in an aggregate principal amount at any one time outstanding up to but not exceeding the Dollar Equivalent of the Maximum Available Amount as then in effect. For ; provided that, after making any such Advance, in the avoidance of doubt, each Xxxxxx’s obligation to refund Swingline Advances pursuant to Section 2.15 shall constitute usage of its Commitment. Each such borrowing case of an Advance denominated in an Available Currency other than Dollars, the Foreign Currency Advance Amount would not exceed the Non-Dollar Sublimit on any single day is referred to herein such day. The Eligible Currency Advances shall be made solely by the Multicurrency Lenders and the Dollar Advances shall be made by the Dollar Lenders and/or the Multicurrency Lenders, as a “Borrowing”applicable, in each case in accordance with Section 2.03(c). Within such limits and subject to the other terms and conditions of this Agreement, the Borrower may borrow (and re-borrow) Advances under this Section 2.01 and prepay Advances under Section 2.052.06. On Notwithstanding anything in this Agreement to the terms contrary, the parties hereto acknowledge that this is an uncommitted facility and conditions hereinafter set forth, from time to time from there is no express or implied commitment on the Closing Date until the end part of the Reinvestment PeriodAdministrative Agent or any Lender to provide any Advance, except that, in the case of Collateral Loans approved by means of an Approval Request or Approved List, the Borrower may request Lenders shall have committed to fund the Swingline Lender to make Swingline related Advances (up to the Borrower, secured by amount(s) specified in the Collateral; related Approval Request or Approved List) provided that the Swingline Lender shall not fund any Swingline Advance if, after giving effect to the amount of the Swingline Advance requested, the aggregate principal amount of Advances outstanding would exceed the Borrowing Base. Advances to be made for the purpose of refunding Swingline Advances shall be made by the Lenders as provided related conditions precedent set forth in Section 2.15Article III are satisfied.

Revolving Credit Facility. On Subject to the terms and subject to the conditions hereinafter set forth, including Article IIIforth herein, each Revolving Credit Lender severally agrees to make Advances loans (includingeach such loan, in a “Revolving Credit Loan”) to the case of the Swingline Lender, any Swingline Advances) Borrower from time to time time, on any Business Day during the Reinvestment Period (or immediately thereafter pursuant to Section 8.04), on a pro rata basis in each case in an aggregate principal amount at any one time outstanding up to but not exceeding such Lender’s Commitment and, as to all LendersAvailability Period, in an aggregate principal amount up not to but exceed at any time outstanding the amount of such Revolving Credit Lender’s Revolving Credit Commitment; provided, however, that after giving effect to any Revolving Credit Borrowing, (i) the Total Revolving Credit Outstandings shall not exceeding exceed the Maximum Available Revolving Credit Facility, and (ii) the aggregate Outstanding Amount as then in effect. For of the avoidance Revolving Credit Loans of doubtany Revolving Credit Lender, each Xxxxxxplus such Revolving Credit Lender’s obligation to refund Swingline Advances pursuant to Section 2.15 Applicable Revolving Credit Percentage of the Outstanding Amount of all L/C Obligations, plus such Revolving Credit Lender’s Applicable Revolving Credit Percentage of the Outstanding Amount of all Swing Line Loans shall constitute usage of its not exceed such Revolving Credit Lender’s Revolving Credit Commitment. Each such borrowing Within the limits of an Advance on any single day is referred to herein as a “Borrowing”. Within such limits each Revolving Credit Lender’s Revolving Credit Commitment, and subject to the other terms and conditions of this Agreementhereof, the Borrower may borrow (and re-borrow) Advances under this Section 2.01 and 2.01(b), prepay Advances under Section 2.05, and reborrow under this Section 2.01(b). On the terms and conditions hereinafter set forthRevolving Credit Loans may be Base Rate Loans or Eurodollar Rate Loans, from time to time from the Closing Date until the end of the Reinvestment Period, the Borrower may request the Swingline Lender to make Swingline Advances to the Borrower, secured by the Collateral; as further provided that the Swingline Lender shall not fund any Swingline Advance if, after giving effect to the amount of the Swingline Advance requested, the aggregate principal amount of Advances outstanding would exceed the Borrowing Base. Advances to be made for the purpose of refunding Swingline Advances shall be made by the Lenders as provided in Section 2.15herein.

Revolving Credit Facility. On Banks shall make available to Borrower a revolving line of credit (the terms "Revolving Credit Facility") in the maximum principal amount of TWENTY MILLION AND NO/100 DOLLARS ($20,000,000) (as modified pursuant to Section 4.4 below, the "Revolving Commitment"), which Revolving Credit Facility may be drawn upon by Borrower on any Business Day of Banks during the period from the date hereof until and subject including December 31, 2001, or such earlier date as may be fixed by Borrower on at least one (1) Business Day's telephonic notice to the conditions hereinafter set forthAgent, including Article III, each Lender severally agrees to make Advances (includingbe confirmed in writing by Borrower, in the case form of the Swingline Lenderissuance by Banks on behalf of and for the account of Borrower or one of its Subsidiaries, any Swingline Advances) other than the Excluded Subsidiaries, of irrevocable stand-by letters of credit in the form provided for by, and containing such terms and conditions as are acceptable to Banks and in such amounts as Borrower may from time to time on request (each such letter of credit, as well as any Business Day during the Reinvestment Period (or immediately thereafter letters of credit issued pursuant to Section 8.04and in accordance with the Prior Credit Agreement or any predecessor agreement which remain outstanding on the date hereof, being hereinafter referred to individually as a "Letter of Credit" and collectively as the "Letters of Credit") or in the form of actual fundings to Borrower by Banks in such amounts as Borrower may from time to time request (each such funding, as well as the aggregate amount of the Prior Notes previously funded by Banks and outstanding on the date hereof, being hereinafter referred to individually as an "Advance" and collectively as the "Advances"), on a pro rata basis in each case in an so long as (a) the aggregate principal amount of all Letters of Credit outstanding at any one time outstanding up to but does not exceeding such Lender’s exceed the LC Commitment and, as to all Lenders, in an and (b) the aggregate principal amount up to but of all Letters of Credit and of all Advances outstanding at any one time does not exceeding exceed the Maximum Available Amount as then in effect. For the avoidance of doubt, each Xxxxxx’s obligation to refund Swingline Advances pursuant to Section 2.15 shall constitute usage of its Revolving Commitment. Each such borrowing of an Advance on any single day is referred The Revolving Commitment available to herein as a “Borrowing”. Within such limits Borrower and subject to its Subsidiaries, other than the other terms and conditions of this Agreement, the Borrower may borrow (and re-borrow) Advances under this Section 2.01 and prepay Advances under Section 2.05. On the terms and conditions hereinafter set forthExcluded Subsidiaries, from time to time from under the Closing Date until Revolving Credit Facility shall be reduced by the end aggregate of the Reinvestment Period, face amount of any outstanding Letters of Credit and of all unpaid Advances made by Banks to Borrower pursuant to this Agreement and the Borrower may request remaining amount of the Swingline Lender to make Swingline Advances to Revolving Commitment shall constitute the Borrower, secured "Unused Commitment". Any draws made under the Letters of Credit by the Collateral; provided that beneficiaries thereof shall constitute Advances as defined in this Agreement. If a draw is made under a Letter of Credit issued for the Swingline Lender account of a Subsidiary, Borrower shall not fund any Swingline Advance if, after giving effect to immediately reimburse Banks for the full amount of such draw. The Unused Commitment available under the Revolving Credit Facility shall be restored but simultaneously reduced by the amount of any Advances which are made to Borrower to reimburse Banks for draws under the Swingline Advance requested, the aggregate principal amount Letters of Advances outstanding would exceed the Borrowing BaseCredit. Advances to be made for the purpose of refunding Swingline Advances No Subsidiary shall be made entitled to actual fundings by Banks under the Lenders as provided Revolving Commitment, and all Letters of Credit issued on behalf of Subsidiaries shall only be issued at Borrower's request. The Excluded Subsidiaries shall not be entitled to have Letters of Credit issued in Section 2.15their names.

Revolving Credit Facility. On Subject to the terms and subject to conditions of this Agreement and in reliance upon the conditions hereinafter set forth, including Article IIIrepresentations and warranties of the Credit Parties contained herein, each Revolving Lender severally and not jointly agrees to make Advances loans to the Borrower (includingeach such loan and each Incremental Revolving Loan (if any), in the case of the Swingline Lender, any Swingline Advancesa “Revolving Loan”) from time to time on any Business Day during the Reinvestment Period (or immediately thereafter pursuant to Section 8.04), on a pro rata basis in each case in an aggregate principal amount at any one time outstanding up to but not exceeding such Lender’s Commitment and, as to all Lendersperiod from the Restatement Date through the Final Availability Date, in an aggregate amount not to exceed at any time outstanding such Lender’s Revolving Loan Commitment, which Revolving Loan Commitments, as of the Restatement Date, are set forth on Schedule 2.1(b) opposite such Lender’s name under the heading “Revolving Loan Commitments”; provided, that, after giving effect to any Borrowing of Revolving Loans, the aggregate principal amount up to but of all outstanding Revolving Loans shall not exceeding exceed the Maximum Available Amount as then in effectRevolving Loan Balance. For the avoidance of doubt, each Xxxxxx’s obligation to refund Swingline Advances pursuant to Section 2.15 shall constitute usage of its Commitment. Each such borrowing of an Advance on any single day is referred to herein as a “Borrowing”. Within such limits and subject Subject to the other terms and conditions of this Agreementhereof, the Borrower may borrow (and re-borrow) Advances amounts borrowed under this Section 2.01 2.1(b) may be repaid and prepay Advances under Section 2.05reborrowed from time to time. On the terms and conditions hereinafter set forth, The “Maximum Revolving Loan Balance” from time to time from will be the Closing Date until Aggregate Revolving Loan Commitment then in effect, less the end sum of (I) the Reinvestment Period, the Borrower may request the Swingline Lender to make Swingline Advances to the Borrower, secured by the Collateral; provided that the Swingline Lender shall not fund any Swingline Advance if, after giving effect to the aggregate amount of the Swingline Advance requested, Letter of Credit Obligations plus (II) the aggregate principal amount of Advances outstanding would exceed Swing Loans. If at any time the Borrowing Base. Advances then outstanding principal balance of Revolving Loans exceeds the Maximum Revolving Loan Balance, then the Borrower shall immediately prepay outstanding Revolving Loans in an amount sufficient to be made for the purpose of refunding Swingline Advances shall be made by the Lenders as provided in Section 2.15eliminate such excess.

Revolving Credit Facility. On the terms and subject to the conditions hereinafter set forth, including Article III, each Lender severally agrees to make available to the Borrower an uncommitted revolving credit facility providing for Advances (including, in the case of the Swingline Lender, any Swingline Advances) under each Class from time to time in Available Currencies on any Business Day during the Reinvestment Period (or immediately thereafter pursuant to Section 8.04), on a pro rata basis based on each Lender’s unused Individual Lender Maximum Funding Amount as of such date, in each case in an aggregate principal amount at any one time outstanding up to but not exceeding the Dollar Equivalent of such Lender’s Commitment Individual Lender Maximum Funding Amount and, as to all Lenders, in an aggregate principal amount at any one time outstanding up to but not exceeding the Dollar Equivalent of the Maximum Available Amount as then in effect. For ; provided that, after making any such Advance, (i) each Class Minimum OC Coverage Test shall be satisfied and (ii) in the avoidance of doubt, each Xxxxxx’s obligation to refund Swingline Advances pursuant to Section 2.15 shall constitute usage of its Commitment. Each such borrowing case of an Advance denominated in an Available Currency other than Dollars, the Foreign Currency Advance Amount would not exceed the Non-Dollar Sublimit on any single day is referred to herein such day. The Eligible Currency Advances shall be made solely by the Multicurrency Lenders and the Dollar Advances shall be made solely by the Dollar Lenders or the Multicurrency Lenders, as a “Borrowing”applicable, in each case in accordance with Section 2.03(c). -71- Within such limits and subject to the other terms and conditions of this Agreement, the Borrower may borrow (and re-borrow) Advances under this Section 2.01 and prepay Advances under Section 2.052.06. On Notwithstanding anything in this Agreement to the terms contrary, the parties hereto acknowledge that this is an uncommitted facility and conditions hereinafter set forth, from time to time from there is no express or implied commitment on the Closing Date until the end part of the Reinvestment PeriodAdministrative Agent or any Lender to provide any Advance except that, in the case of Collateral Loans approved by means of an Approval Request or Approved List, the Borrower may request Lenders shall have committed to fund the Swingline Lender to make Swingline related Advances (up to the Borrower, secured by amount(s) specified in the Collateral; related Approval Request or Approved List) provided that the Swingline Lender shall not fund any Swingline Advance if, after giving effect to the amount of the Swingline Advance requested, the aggregate principal amount of Advances outstanding would exceed the Borrowing Baserelated conditions precedent set forth in Article III are satisfied or waived. Advances to be made for the purpose of refunding Swingline Advances shall be made by the Lenders as provided in Section 2.15.2.02

Revolving Credit Facility. On the terms (a) REVOLVING LOAN. Provided there does not then exist a Default or an Event of Default, and subject to the terms and conditions hereinafter herein set forth, including Article III, each Lender agrees severally agrees (and not jointly) to make Advances (including, in the case of the Swingline Lender, any Swingline Advances) available from time to time on any Business Day during until the Reinvestment Period (or immediately thereafter pursuant Termination Date its Pro Rata Share of advances to Section 8.04)the Borrowers, on a pro rata revolving credit basis in each case (the "Revolving Loan"), in an aggregate principal amount outstanding at any one time outstanding up to but not exceeding such Lender’s Commitment and, as to all Lendersin excess of the lesser of (i) the Revolving Loan Facility or (ii) the Aggregate Borrowing Base, in an each case less the aggregate principal amount up to but not exceeding Revolving Loan, Swingline Loan and Lender Guaranty Reserve outstanding at such time ("Borrowing Availability"). Although the Maximum Available Amount as then in effect. For Borrower Representative may request advances under the avoidance Revolving Loan, the Swingline Loan or the incurrence of doubt, each Xxxxxx’s obligation to refund Swingline Advances Lender Guaranty Liabilities pursuant to Section 2.15 shall constitute usage of its Commitment. Each such borrowing of an Advance on any single day is referred to herein as a “Borrowing”. Within such limits and subject to the other terms and conditions of this Agreement, the aggregate advances under the Revolving Loan, the Swingline Loan and Lender Guaranty Liabilities outstanding to each Borrower may borrow shall not exceed at any time the Borrowing Base of such Borrower. The Agent and the Audit Agent reserve the right in their credit judgment, upon prior written notice to the Borrower Representative (i) to adjust any eligibility criteria or establish new eligibility criteria, (ii) modify the advance rates against Eligible Accounts, and re-borrow(iii) Advances under this Section 2.01 establish reserves against Borrowing Availability; PROVIDED that upon the occurrence and prepay Advances under Section 2.05during the continuance of a Default or an Event of Default no prior notice shall be required to be given to the Borrower Representative. On The Borrowers hereby acknowledge and agree that determinations with respect to (i) the terms adjustment of eligibility criteria or establishment of new eligibility criteria, (ii) the modification of advance rates against Eligible Accounts, and conditions hereinafter set forth(iii) the establishment of reserves against Borrowing Availability is being made by both Agent and Audit Agent, from time and that both such parties are acting independently and have the right to time from make such determinations. The Agent, the Closing Date until Audit Agent, and each Borrower hereby agree that if, as a result of any collateral audit conducted by the end Audit Agent, the Audit Agent provides written recommendations to the Agent with respect to any of such determinations that have the cumulative effect of reducing Borrowing Availability by $1.5 million or less, such recommendations shall be binding, absent manifest error. If the Audit Agent's recommendations, however, have the cumulative effect of reducing Borrowing Availability by more than $1.5 million, the Agent shall have the option, within five (5) Business Days after receipt of the Reinvestment PeriodAudit Agent's recommendations of (i) accepting the Audit Agent's recommendations or (ii) submitting a revised proposal in writing to the Audit Agent. If the Audit Agent does not accept any revised proposal submitted by the Agent or the Agent and the Audit Agent are unable to agree upon an alternative compromise within five (5) Business Days of receipt of such revised proposal, then the Agent shall have the right to designate an independent public accounting firm of recognized national standing and reasonably acceptable to the Audit Agent to review the recommendations of the Audit Agent and the revised proposal of the Agent and make a final determination with respect thereto. Absent manifest error, the Borrower may request determination of such independent public accounting firm shall be final and binding upon the Swingline Lender to make Swingline Advances to the Borrower, secured by the Collateral; provided that the Swingline Lender shall not fund any Swingline Advance if, after giving effect to the amount of the Swingline Advance requestedAgent, the aggregate principal amount of Advances outstanding would exceed Audit Agent and the Borrowing BaseBorrowers. Advances to The Borrowers shall be made responsible for the purpose cost of refunding Swingline Advances shall be made by the Lenders as provided in Section 2.15any such independent review.