Common use of Revolving Facility Commitments Clause in Contracts

Revolving Facility Commitments. Prior to the Effective Date, certain “Loans” were made to the Existing Borrowers under the Existing Credit Agreement (such outstanding “Revolving Facility Loans,” the “Existing Revolving Facility Loans” and such outstanding “Swing Line Loans,” the “Existing Swing Line Loans” and together with the Existing Revolving Facility Loans, the “Existing Loans”). As of the Effective Date and prior to the funding of any Loans hereunder on the Effective Date, the outstanding principal balance of the Existing Revolving Facility Loans is $160,518,198.76 and the outstanding principal balance of the Existing Swing Line Loans is $0. Subject to the terms and conditions set forth in this Agreement, each Borrower and each of the Lenders agree that on the Effective Date the Existing Revolving Facility Loans shall be re-evidenced as Revolving Facility Loans under this Agreement and the Existing Swing Line Loans shall be re-evidenced as Swing Line Loans under this Agreement and the terms of the Existing Loans shall be restated in their entirety and shall be evidenced by this Agreement. Subject to the terms and conditions set forth herein each Revolving Facility Lender severally and not jointly agrees to make Revolving Facility Loans to the Borrowers in Dollars from time to time on any Business Day during the Availability Period in an aggregate principal amount not to exceed at any time outstanding the amount of such Lender’s Revolving Facility Commitment; provided, however, that, after giving effect to any Revolving Facility Borrowing, (i) the Revolving Facility Credit Exposure shall not exceed the lesser of the Maximum CreditRevolving Loan Limit and the Borrowing Base, (ii) the Revolving Facility Credit Exposure of any Revolving Facility Lender shall not exceed such Lender’s Revolving Facility Commitment and (iii) the aggregate outstanding principal balance of Revolving Facility Loans made to Bowling Green shall not exceed the greater of (a) $75,000,000 and (b) the portion of the Borrowing Base pertaining to the assets (net of Reserves) of Bowling Green. Within the limits of each Lender’s Revolving Facility Commitment, and subject to the other terms and conditions hereof, each Borrower may borrow under this Section 2.01, prepay under Section 2.11 and reborrow under this Section 2.01. Revolving Facility Loans may be Base Rate Loans or Eurodollar Rate Loans, as further provided herein.

Revolving Facility Commitments. Prior to the Effective Date, certain “Loans” were made to the Existing Borrowers under the Existing Credit Agreement (such outstanding “Revolving Facility Loans,” the “Existing Revolving Facility Loans” and such outstanding “Swing Line Loans,” the “Existing Swing Line Loans” and together with the Existing Revolving Facility Loans, the “Existing Loans”). As of the Effective Date and prior to the funding of any Loans hereunder on the Effective Date, the outstanding principal balance of the Existing Revolving Facility Loans is $160,518,198.76 and the outstanding principal balance of the Existing Swing Line Loans is $0. a) Subject to and upon the terms and conditions herein set forth in this Agreementforth, each Borrower Bank severally agrees, at any time and each of the Lenders agree that on the Effective Date the Existing Revolving Facility Loans shall be re-evidenced as Revolving Facility Loans under this Agreement and the Existing Swing Line Loans shall be re-evidenced as Swing Line Loans under this Agreement and the terms of the Existing Loans shall be restated in their entirety and shall be evidenced by this Agreement. Subject to the terms and conditions set forth herein each Revolving Facility Lender severally and not jointly agrees to make Revolving Facility Loans to the Borrowers in Dollars from time to time on any Business Day a revolving basis during the Availability Period in an aggregate principal amount not period from the Backup Facility Closing Date to exceed at any time outstanding and including the amount Expiry Date of such Lender’s Bank, to make revolving credit loans ("Revolving Facility Loans") to the SPC up to such Bank's Commitment; provided, howeverwhich Facility Loans shall initially be made as ABR Loans or (if a request therefor is made on or before 11:00 a.m. (New York City time) three Business Days prior to the date of such loan or loans) as Eurodollar Loans. By delivery of Interest Election Requests from time to time to the Agent Bank in accordance with Section 3.8, thatthe SPC may elect that all or a portion of a Borrowing be converted from ABR Loans into Eurodollar Loans or, after giving effect subject to any Revolving Facility Borrowing, (i) the Revolving Facility Credit Exposure shall not exceed the lesser Section 12.6 of the Maximum CreditRevolving Loan Limit and Participation Agreement, from Eurodollar Loans into ABR Loans. On the Borrowing Base, (ii) the Revolving Facility Credit Exposure of any Revolving Facility Lender shall not exceed such Lender’s Revolving Facility Commitment and (iii) the aggregate outstanding principal balance of Revolving Facility Loans made to Bowling Green shall not exceed the greater of (a) $75,000,000 and (b) the portion of the Borrowing Base pertaining to the assets (net of Reserves) of Bowling Green. Within the limits of each Lender’s Revolving Facility Commitment, terms and subject to the other terms and conditions hereof, each Borrower the SPC may borrow under this Section 2.01from time to time borrow, prepay under Section 2.11 and reborrow under this Revolving Facility Loans. (b) No Revolving Facility Loan shall be made by a Bank if the conditions set forth in Section 2.01. 6.4 or Section 6.5, as applicable, are not satisfied with respect thereto unless waived in accordance herewith. (c) The SPC shall repay, in accordance with Section 3.11(a), the Revolving Facility Loans of each Bank in full (or in such lesser amount as shall be equal to the portion of such Bank's Commitment that is not being extended in accordance with Section 4.2 or converted pursuant to Section 3.2(c)) on the Expiry Date (as such date may be Base Rate extended in accordance with Section 4.2(b)) applicable to such Bank. (d) Each Bank's obligation to make Facility Loans or Eurodollar Rate Loanshereunder is several and not joint. The failure of any Bank to make the Revolving Facility Loan to be made by it as part of any Borrowing shall not relieve any other Bank of its obligation, as further provided hereinif any, hereunder to make its Revolving Facility Loan on the date of such Borrowing, but no Bank shall be responsible for the failure of any other Bank to make the Revolving Facility Loan to be made by such other Bank on the date of any Borrowing.

Revolving Facility Commitments. Prior to the Effective Date, certain “Loans” were made to the Existing Borrowers under the Existing Credit Agreement (such outstanding “Revolving Facility Loans,” the “Existing Revolving Facility Loans” and such outstanding “Swing Line Loans,” the “Existing Swing Line Loans” and together with the Existing Revolving Facility Loans, the “Existing Loans”). As of the Effective Date and prior to the funding of any Loans hereunder on the Effective Date, the outstanding principal balance of the Existing Revolving Facility Loans is $160,518,198.76 and the outstanding principal balance of the Existing Swing Line Loans is $0. a) Subject to the terms and conditions set forth in this Agreementherein, each Revolving Facility Lender agrees to make Revolving Facility Loans, in each case from time to time during the Availability Period, comprised of Eurodollar Loans and ABR Loans to the Borrower in U.S. Dollars in an aggregate principal amount that will not result in (i) such Lender’s Revolving Facility Credit Exposure exceeding such Lender’s Revolving Facility Commitment and (ii) the Revolving Facility Credit Exposure exceeding the total Revolving Facility Commitments. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrower may borrow, prepay and reborrow Revolving Facility Loans. The Revolving Facility shall be available as ABR Loans or Eurodollar Loans. (b) As of the Restatement Date and immediately prior to giving effect to the transactions contemplated hereby, each of the Existing Lenders agree that has such Commitments in such aggregate principal amount as set forth under the caption “Existing Credit Agreement Commitments” on the Effective Date the Existing Revolving Facility Loans shall be re-evidenced as Revolving Facility Loans under this Agreement and the Existing Swing Line Loans shall be re-evidenced as Swing Line Loans under this Agreement and the terms of the Existing Loans shall be restated in their entirety and shall be evidenced by this Agreement. Schedule 2.01. (c) Subject to the terms and conditions set forth herein and in reliance upon the representations and warranties of Borrower set forth herein, each Revolving Facility Lender severally and not jointly agrees to make Revolving Facility Loans to of the Borrowers Existing Lenders shall continue its Commitments in Dollars from time to time on any Business Day during the Availability Period in an such aggregate principal amount not to exceed at any time outstanding as set forth under the amount of such Lender’s Revolving Facility Commitment; provided, however, that, after giving effect to any Revolving Facility Borrowing, “Restatement Date Commitments” caption on Schedule 2.01. (id) the Revolving Facility Credit Exposure shall not exceed the lesser of the Maximum CreditRevolving Loan Limit and the Borrowing Base, (ii) the Revolving Facility Credit Exposure of any Revolving Facility Lender shall not exceed such Lender’s Revolving Facility Commitment and (iii) the aggregate outstanding principal balance of Revolving Facility Loans made to Bowling Green shall not exceed the greater of (a) $75,000,000 and (b) the portion of the Borrowing Base pertaining Subject to the assets (net of Reserves) of Bowling Green. Within the limits of each Lender’s Revolving Facility Commitment, and subject to the other terms and conditions hereofset forth herein and in reliance upon the representations and warranties of Borrower set forth herein, each of the New Lenders shall have, on the Restatement Date, such Commitments in such aggregate principal amount as set forth under the “Restatement Date Commitments” caption on Schedule 2.01. (e) Subject to the terms and conditions set forth herein and in reliance upon the representations and warranties of Borrower may borrow set forth herein, each of the Increasing Lenders shall have, on the Restatement Date, such Commitments in such aggregate principal amount as set forth under this Section the “Restatement Date Commitments” caption on Schedule 2.01, prepay under Section 2.11 and reborrow under this Section 2.01. Revolving Facility Loans may be Base Rate Loans or Eurodollar Rate Loans, as further provided herein.

Revolving Facility Commitments. Section 2.01 of the Credit Agreement is hereby deleted in its entirety and replaced with the following: Section 2.01 Revolving Facility Commitments. Prior to the Effective Date, certain “Loans” were made to the Existing Borrowers under the Existing Credit Agreement (such outstanding “Revolving Facility Loans,” the “Existing Revolving Facility Loans” and such outstanding “Swing Line Loans,” the “Existing Swing Line Loans” and together with the Existing Revolving Facility Loans, the “Existing Loans”). As of the Effective Date and prior to the funding of any Loans hereunder on the Effective Date, the outstanding principal balance of the Existing Revolving Facility Loans is $160,518,198.76 12.52 and the outstanding principal balance of the Existing Swing Line Loans is $0. Subject to the terms and conditions set forth in this Agreement, each Borrower and each of the Lenders agree that on the Effective Date the Existing Revolving Facility Loans shall be re-evidenced as Revolving Facility Loans under this Agreement and the Existing Swing Line Loans shall be re-evidenced as Swing Line Loans under this Agreement and the terms of the Existing Loans shall be restated in their entirety and shall be evidenced by this Agreement. Subject to the terms and conditions set forth herein each Revolving Facility Lender severally and not jointly agrees to make Revolving Facility Loans to the Borrowers in Dollars from time to time on any Business Day during the Availability Period in an aggregate principal amount not to exceed at any time outstanding the amount of such Lender’s Revolving Facility Commitment; provided, however, that, after giving effect to any Revolving Facility Borrowing, (i) the Revolving Facility Credit Exposure shall not exceed the lesser of the Maximum CreditRevolving Revolving Loan Limit and the Borrowing Base, Base and (ii) the Revolving Facility Credit Exposure of any Revolving Facility Lender shall not exceed such Lender’s Revolving Facility Commitment and (iii) the aggregate outstanding principal balance of Revolving Facility Loans made to Bowling Green shall not exceed the greater of (a) $75,000,000 and (b) the portion of the Borrowing Base pertaining to the assets (net of Reserves) of Bowling GreenCommitment. Within the limits of each Lender’s Revolving Facility Commitment, and subject to the other terms and conditions hereof, each Borrower may borrow under this Section 2.01, prepay under Section 2.11 and reborrow under this Section 2.01. Revolving Facility Loans may be Base Rate Loans or Eurodollar Rate Loans, as further provided herein. (c) Revolving Facility Commitments--Schedule 2.01. Schedule 2.01 of the Credit Agreement is hereby deleted in its entirety and replaced with Amended Schedule 2.01 to Amendment No. 4 and all references to “Schedule 2.01” in the Credit Agreement shall be deemed to refer to Amended Schedule 2.01 to Amendment No. 4.