Common use of Revolving Loan Commitments Clause in Contracts

Revolving Loan Commitments. (a) Subject to the terms and conditions set forth herein, each Revolving Lender, severally and not jointly, shall (i) make Revolving Loans (other than Revolving LC Loans) to the Borrower during the Revolving Loan Availability Period, in an aggregate principal amount not in excess of such Revolving Lender’s Available Revolving Loan Commitment and (ii) participate in the issuance of any Revolving LCs (and any drawings of the Revolving LC Available Amounts thereunder) from time to time during the Revolving Loan Availability Period in an aggregate outstanding principal amount not in excess of such Revolving Lender’s Revolving Loan Commitment. (b) After giving effect to the making of any Revolving Loans (other than Revolving LC Loans), the aggregate outstanding principal amount of all Revolving Loans shall not exceed the Available Aggregate Revolving Loan Commitment at such time. (c) Each Revolving Loan Borrowing shall be in an amount specified in a Borrowing Notice delivered pursuant to Section 2.7. (d) Proceeds of the Revolving Loans (other than Revolving LC Loans which shall be used to repay the Revolving LC Issuing Bank for Revolving LC Disbursements) shall be used solely for (i) the payment of transaction fees and expenses, (ii) payment of gas purchase, hedging, transportation, balancing and storage costs and expenses (including to meet credit support requirements under gas purchase, hedging, transportation, balancing or storage agreements), (iii) to provide credit support as may be required from time to time under Project-related agreements on behalf of the Borrower or the RG Facility Entities, (iv) to fund in cash or to issue Revolving LCs to satisfy the DSRA Reserve Amount in respect of any Senior Secured Debt Instrument, and (v) other working capital and other general corporate purposes. (e) Revolving Loans repaid or prepaid may be re-borrowed at any time and from time to time until the expiration of the Revolving Loan Availability Period.

Revolving Loan Commitments. (a) Subject to the terms and conditions of this Agreement and in reliance upon the representations and warranties of Borrowers herein set forth hereinforth, each Revolving LenderLender severally, severally and not jointlyjointly and severally, shall (i) agrees to make a portion of its Letter of Credit Commitment available as Revolving Loans (other than Revolving LC Loans) to the Borrower during the Revolving Loan Availability Period, in an aggregate principal amount not in excess of such Revolving Lender’s Available Revolving Loan Commitment and (ii) participate in the issuance of any Revolving LCs (and any drawings of the Revolving LC Available Amounts thereunder) be made to Borrowers from time to time during the Revolving Loan Availability Period period from the Closing Date to but excluding the Maturity Date in an aggregate outstanding principal amount not in excess exceeding such Lender's Pro Rata Share of such Revolving Lender’s the aggregate amount of the Revolving Loan Commitment. Commitments (bas hereinafter defined) After giving effect to be used for the purposes identified in subsection 2.5A. The original amount of the portion of each Lender's Letter of Credit Commitment that is available for the making of Revolving Loans to Borrowers (such Lender's "REVOLVING LOAN COMMITMENT") is set forth opposite its name on Schedule 2.1 annexed hereto and the aggregate original amount of such portions of the Letter of Credit Commitments that are available for the making of Revolving Loans to Borrowers is $10,000,000 (the "REVOLVING LOAN COMMITMENTS"); provided, however, that the Revolving Loan Commitments of Lenders shall be adjusted to give effect to any assignments of the Revolving Loan Commitments pursuant to subsection 10.1B and shall be reduced from time to time by the amount of any reductions thereto made pursuant to subsection 2.4. Each Lender's Revolving Loan Commitment shall expire on the day before the Maturity Date and all Revolving Loans and all other amounts owed hereunder with respect to the Revolving Loans and the Revolving Loan Commitments shall be paid in full no later than the Maturity Date. Amounts borrowed under this subsection 2.1A may be repaid and reborrowed up to but excluding the Maturity Date. Anything contained in this Agreement to the contrary notwithstanding, in no event shall any Revolving Loans Loan be requested or made if, after giving effect thereto, (other than Revolving LC Loans), i) the aggregate outstanding principal amount of all Revolving Loans shall not outstanding would exceed the Available Aggregate aggregate Revolving Loan Commitment at such time. (c) Each Revolving Loan Borrowing shall be Commitments then in an amount specified in a Borrowing Notice delivered pursuant to Section 2.7. (d) Proceeds of the Revolving Loans (other than Revolving LC Loans which shall be used to repay the Revolving LC Issuing Bank for Revolving LC Disbursements) shall be used solely for (i) the payment of transaction fees and expenses, effect or (ii) payment the aggregate Credit Utilization then in effect would exceed the aggregate Letter of gas purchase, hedging, transportation, balancing and storage costs and expenses (including to meet credit support requirements under gas purchase, hedging, transportation, balancing or storage agreements), (iii) to provide credit support as may be required from time to time under Project-related agreements on behalf of the Borrower or the RG Facility Entities, (iv) to fund Credit Commitments then in cash or to issue Revolving LCs to satisfy the DSRA Reserve Amount in respect of any Senior Secured Debt Instrument, and (v) other working capital and other general corporate purposeseffect. (e) Revolving Loans repaid or prepaid may be re-borrowed at any time and from time to time until the expiration of the Revolving Loan Availability Period.

Revolving Loan Commitments. (ai) Subject to the terms and conditions set forth of this Agreement and in reliance upon the representations and warranties of the Loan Parties contained herein, each Lender with a Revolving Lender, Loan Commitment severally and not jointlyjointly agrees to make loans (each such loan, shall (ia “Revolving Loan” and collectively, the “Revolving Loans”) make Revolving Loans (other than Revolving LC Loans) in Dollars to Borrower on any Business Day during the Borrower during period from the Closing Date to but not including the Revolving Loan Availability PeriodCommitment Termination Date, in an aggregate principal amount not in excess of to exceed at any time outstanding such Revolving Lender’s Available Revolving Loan Commitment and (ii) participate in the issuance of any Revolving LCs (and any drawings of the Revolving LC Available Amounts thereunder) from time to time during the Revolving Loan Availability Period in an aggregate outstanding principal amount not in excess of such Revolving Lender’s Revolving Loan Commitment. (b) After ; provided, however, that, after giving effect to the making any advance of any Revolving Loans (other than Revolving LC Loans), the aggregate outstanding principal amount of all outstanding Revolving Loans shall not exceed the Available Aggregate Maximum Revolving Loan Commitment at such Balance. Subject to the other terms and conditions hereof, amounts borrowed under this Section 2.1(b) may be repaid and reborrowed from time to time. (c) Each . The “Maximum Revolving Loan Borrowing shall be in an amount specified in a Borrowing Notice delivered pursuant to Section 2.7. (d) Proceeds of the Revolving Loans (other than Revolving LC Loans which shall be used to repay the Revolving LC Issuing Bank for Revolving LC Disbursements) shall be used solely for (i) the payment of transaction fees and expenses, (ii) payment of gas purchase, hedging, transportation, balancing and storage costs and expenses (including to meet credit support requirements under gas purchase, hedging, transportation, balancing or storage agreements), (iii) to provide credit support as may be required Balance” from time to time under Project-related agreements on behalf will be the lesser of: (x) the Borrowing Base (as calculated pursuant to the Borrowing Base Certificate) in effect from time to time, or (y) the aggregate amount of the Borrower or the RG Facility EntitiesRevolving Loan Commitments then in effect, (iv) to fund in cash or to issue Revolving LCs to satisfy the DSRA Reserve Amount each case less those Reserves imposed by Agent in respect of any Senior Secured Debt Instrumentits Permitted Discretion. Agent, and (v) other working capital and other general corporate purposes. (e) Revolving Loans repaid or prepaid in its Permitted Discretion, may be re-borrowed at any time and from time to time until adjust the expiration of the Borrowing Base by applying percentages (known as “liquidity factors”) to Eligible Accounts by payor class based upon Borrower’s actual recent collection history for each such payor class in a manner consistent with Agent’s underwriting practices and procedures. (ii) The Revolving Loan Availability PeriodLoans made by each Lender are evidenced by this Agreement, and if requested by such Lender, a Note payable to such Lender.

Revolving Loan Commitments. Section 2.01 Revolving Loan Commitments, Use of Proceeds. (a) Subject to and upon the terms and conditions herein set forth hereinforth, each Revolving Lender, Lender severally and not jointly, shall (i) agrees to make Revolving Loans (other than Revolving LC Loans) to the Borrower during the Revolving Loan Availability Period, in an aggregate principal amount not in excess of such Revolving Lender’s Available Revolving Loan Commitment and (ii) participate in the issuance of any Revolving LCs (and any drawings of the Revolving LC Available Amounts thereunder) from time to time during on and after the Closing Date, but prior to the Revolving Loan Availability Period Termination Date, Revolving Loans in an aggregate amount outstanding principal amount at any time not in excess of to exceed such Revolving Lender’s 's Revolving Loan Commitment. Borrower shall be entitled to repay and reborrow Revolving Loans in accordance with the provisions hereof. (b) After giving effect to Each Revolving Loan shall, at the making option of any Borrower, be made or continued as, or converted into, part of one or more Borrowings that shall consist entirely of Syndicate Loans (comprised of Base Rate Advances or Eurodollar Advances) or Competitive Bid Loans. The aggregate principal amount of each Borrowing of Revolving Loans comprised of Eurodollar Advances shall not be less than $5,000,000 or a greater integral multiple of $1,000,000. The aggregate principal amount of each Borrowing of Competitive Bid Loans shall not be less than $5,000,000. The aggregate principal amount of each Borrowing of Revolving Loans comprised of Base Rate Advances shall not be less than $ 1,000,000 or a greater integral multiple of $ 1,000,000. At no time shall the number of Borrowings outstanding under this Article II exceed ten; provided that, for the purpose of determining the number of Borrowings outstanding and the minimum amount for Borrowings resulting from conversions or continuations, all Borrowings of Base Rate Advances under this Facility shall be considered as one Borrowing. The parties hereto agree that (i) the aggregate principal balance of the Revolving Loans (other than Revolving LC including the Competitive Bid Loans), ) of the Lenders as a group shall not exceed the aggregate outstanding principal amount of all Revolving Loan Commitments, (ii) no Lender shall be obligated to make Syndicate Loans shall not exceed in excess of the Available Aggregate Revolving Loan Commitment at of such timeLender, (iii) no Lender shall be obligated hereunder to extend Competitive Bid Loans or to make quotes for such Competitive Bid Loans, and (iv) a Lender may elect, in its discretion, to extend Competitive Bid Loans which, either alone or together with the Syndicate Loans of such Lender, exceed the Revolving Loan Commitment of such Lender. (c) Each Revolving Loan Borrowing shall be in an amount specified in a Borrowing Notice delivered pursuant to Section 2.7. (d) Proceeds The proceeds of the Revolving Loans (other than Revolving LC Loans which shall be used to repay the Revolving LC Issuing Bank for Revolving LC Disbursements) shall be used solely for (i) to refinance existing indebtedness, to fund future acquisitions, to fund share repurchase agreements, to fund the payment of transaction fees and expenses, (ii) payment of gas purchase, hedging, transportation, balancing and storage costs and expenses (including to meet credit support requirements under gas purchase, hedging, transportation, balancing or storage agreements), (iii) to provide credit support as may be required from time to time under Project-related agreements on behalf working capital needs of the Borrower or the RG Facility Entities, (iv) to fund in cash or to issue Revolving LCs to satisfy the DSRA Reserve Amount in respect of any Senior Secured Debt Instrumentand its Subsidiaries, and (v) other working capital and other for general corporate purposes. (e) Revolving Loans repaid or prepaid may be re-borrowed at any time and from time to time until the expiration of the Revolving Loan Availability Period.

Revolving Loan Commitments. (ai) Subject to the terms and conditions set forth of this Agreement and in reliance upon the representations and warranties of the Loan Parties contained herein, each Lender with a Revolving Lender, Loan Commitment severally and not jointlyjointly agrees to make loans (each such loan, shall (ia “Revolving Loan” and collectively, the “Revolving Loans”) make in Dollars to Borrower on any Business Day during the period from the Revolving Loans (other than Revolving LC Loans) Credit Facility Activation Date to the Borrower during but not including the Revolving Loan Availability PeriodCommitment Termination Date, in an aggregate principal amount not in excess of to exceed at any time outstanding such Revolving Lender’s Available Revolving Loan Commitment and (ii) participate in the issuance of any Revolving LCs (and any drawings of the Revolving LC Available Amounts thereunder) from time to time during the Revolving Loan Availability Period in an aggregate outstanding principal amount not in excess of such Revolving Lender’s Revolving Loan Commitment. (b) After ; provided, however, that, after giving effect to the making any advance of any Revolving Loans (other than Revolving LC Loans), the aggregate outstanding principal amount of all outstanding Revolving Loans shall not exceed the Available Aggregate Maximum Revolving Loan Commitment at such Balance. Subject to the other terms and conditions hereof, amounts borrowed under this Section 2.1(b) may be repaid and reborrowed from time to time. (c) Each . The “Maximum Revolving Loan Borrowing shall be in an amount specified in a Borrowing Notice delivered pursuant to Section 2.7. (d) Proceeds of the Revolving Loans (other than Revolving LC Loans which shall be used to repay the Revolving LC Issuing Bank for Revolving LC Disbursements) shall be used solely for (i) the payment of transaction fees and expenses, (ii) payment of gas purchase, hedging, transportation, balancing and storage costs and expenses (including to meet credit support requirements under gas purchase, hedging, transportation, balancing or storage agreements), (iii) to provide credit support as may be required Balance” from time to time under Project-related agreements on behalf of will be the lesser of: (x) the Borrowing Base (as calculated pursuant to the most recent Borrowing Base Certificate required to be delivered by Borrower or the RG Facility Entities, (ivto Agent) to fund in cash or to issue Revolving LCs to satisfy the DSRA Reserve Amount in respect of any Senior Secured Debt Instrument, and (v) other working capital and other general corporate purposes. (e) Revolving Loans repaid or prepaid may be re-borrowed at any time and effect from time to time until time, or (y) the expiration aggregate amount of the Revolving Loan Availability PeriodCommitments then in effect, in each case less those Reserves imposed by Agent in its Permitted Discretion. Agent, in its Permitted Discretion, may from time to time, based upon an audit of the Accounts and upon no less than thirty (30) days’ prior written notice thereof, adjust the Borrowing Base by applying percentages (known as “liquidity factors”) to Eligible Accounts by payor class based upon Borrower’s actual recent collection history for each such payor class in a manner consistent with Agent’s underwriting practices and procedures. (ii) The Revolving Loans made by each Lender are evidenced by this Agreement, and if requested by such Lender, a Note payable to such Lender.

Revolving Loan Commitments. (a) Subject to the terms and conditions set forth herein, each Revolving LenderLender agrees, severally and not jointly, shall (i) to make Revolving Loans (other than Revolving LC Loans) to the Borrower during the Revolving Loan Availability PeriodBorrower, in an aggregate principal amount not in excess of such Revolving Lender’s Available Revolving Loan Commitment and (ii) participate in the issuance of any Revolving LCs (and any drawings of the Revolving LC Available Amounts thereunder) from time to time during the Revolving Loan Availability Period in an aggregate outstanding principal amount not in excess of such Revolving Lender’s Revolving Loan Commitment. (b) After giving effect to the making of any Revolving Loans (other than Revolving LC Loans), the aggregate outstanding principal amount of all Revolving Loans shall not exceed the Available Aggregate Revolving Loan Commitment at such time. (c) Each Revolving Loan Borrowing shall be in an amount specified in a Borrowing Notice delivered pursuant to Section 2.7. (d) Proceeds of the Revolving Loans (other than Revolving LC Loans which shall be used to repay the Revolving LC Issuing Bank for Revolving LC Disbursements) shall be used solely for (i) the payment of transaction fees and expenses, (ii) payment of gas purchase, hedging, transportation, balancing and storage costs and expenses (including to meet credit support requirements under gas purchase, hedging, transportation, balancing or storage agreements), (iii) to provide credit support as may be required from time to time under Project-related agreements on behalf of the Borrower or the RG Facility Entities, (iv) to fund in cash or to issue Revolving LCs to satisfy the DSRA Reserve Amount in respect of any Senior Secured Debt Instrument, and (v) other working capital and other general corporate purposes. (e) Revolving Loans repaid or prepaid may be re-borrowed at any time and from time to time after the Closing Date, and until the expiration earlier of the Revolving Loan Availability PeriodCredit Maturity Date and the termination of the Revolving Credit Commitment of such Lender in accordance with the terms hereof, in an aggregate principal amount at any time outstanding that will not result in such Lender’s Revolving Credit Exposure exceeding such Lender’s Revolving Credit Commitment. Within the limits set forth in the preceding sentence and subject to the terms, conditions and limitations set forth herein, the Borrower may borrow, pay or prepay and reborrow Revolving Loans. (b) Each Lender having an Incremental Revolving Credit Commitment hereby agrees, severally and not jointly, on the terms and subject to the conditions set forth herein and in the applicable Incremental Revolving Credit Assumption Agreement, to make Incremental Revolving Loans to the Borrower, in an aggregate principal amount at any time outstanding that will not result in such Lender’s Incremental Revolving Credit Exposure exceeding such Lender’s Incremental Revolving Credit Commitment. Within the limits set forth in the preceding sentence and subject to the terms, conditions and limitations set forth herein, the Borrower may borrow, pay or prepay and reborrow Incremental Revolving Loans. (c) The Revolving Credit Commitment of each Lender as of the Second Amendment Effective Date shall be as specified on the Amended Commitment Schedule then in effect as of such date.

Revolving Loan Commitments. (a) Subject Each Lender severally agrees, subject to the terms and conditions limitations set forth hereinbelow, each Revolving Lender, severally and not jointly, shall (i) make Revolving Loans (other than Revolving LC Loans) to the lend to Borrower during the Revolving Loan Availability Period, in an aggregate principal amount not in excess of such Revolving Lender’s Available Revolving Loan Commitment and (ii) participate in the issuance of any Revolving LCs (and any drawings of the Revolving LC Available Amounts thereunder) from time to time during the period from the Closing Date to but excluding the Revolving Loan Availability Period in Commitment Termination Date an aggregate outstanding principal amount not exceeding its Pro Rata Share of the aggregate amount of the Revolving Loan Commitments to be used for the purposes identified in excess subsection 2.5A. The original amount of such Revolving each Lender’s Revolving Loan Commitment. Commitment is set forth opposite its name on Schedule 2.1 annexed hereto and the aggregate original amount of the Revolving Loan Commitments is $250,000,000; provided that the Revolving Loan Commitments of Lenders shall be adjusted to give effect to any assignments of the Revolving Loan Commitments pursuant to subsection 10.1B; and provided, further that the amount of the Revolving Loan Commitments shall be reduced from time to time by the amount of any reductions thereto made pursuant to subsection 2.4 or 6.4C and increased from time to time by the amount of any increases thereto made pursuant to subsection 2.1A(iii). Each Lender’s Revolving Loan Commitment shall expire on the Revolving Loan Commitment Termination Date and all Revolving Loans and all other amounts owed hereunder with respect to the Revolving Loans and the Revolving Loan Commitments shall be paid in full no later than that date. Subject to the provisions of subsection 2.4A, amounts borrowed under this subsection 2.1A(ii) may be repaid and reborrowed to but excluding the Revolving Loan Commitment Termination Date. Anything contained in this Agreement to the contrary notwithstanding, the Revolving Loans and the Revolving Loan Commitments shall be subject to the limitations that, (a) after giving effect to any requested Revolving Loan, no Borrowing Limitation shall be exceeded, and (b) After giving effect to the making of any Revolving Loans (other than Revolving LC Loans), the aggregate outstanding principal amount of all Revolving Loans that are Foreign Currency Loans shall not exceed the Available Aggregate Dollar Equivalent of $25,000,000. (iii) “Additional Revolving Loan Commitments.” Provided that each Lender has consented to this Agreement: at any time, so long as no Event of Default or Potential Event of Default has occurred and is continuing and the Consolidated Borrowing Base is not less than the Revolving Loan Commitments after giving effect to the proposed increase, Borrower may, by notice to the Agent, request that, on the terms and subject to the conditions contained in this Agreement, the Lenders and/or other financial institutions not then a party to this Agreement that are approved by the Agent (which approval shall not be unreasonably withheld) provide additional Revolving Loan Commitments; provided that (1) such additional Revolving Loan Commitments shall not exceed an aggregate amount of $75,000,000 and (2) Company shall deliver to Agent an Officer's Certificate (a) detailing all Indebtedness (including, without limitation, Indebtedness under this Agreement) which Company has classified as being incurred pursuant to clause (1) of paragraph (b) of Section 4.03 of the Senior Subordinated Note Indenture, (b) specifying the manner in which Company intends to classify the increase in Indebtedness being requested by Company pursuant to this subsection 2.1A(iii), which classification shall be satisfactory in form and substance to Agent, and (c) covenanting that, upon approval by Agent of any such classification, Company will not thereafter change the classification of any such item of Indebtedness under this Agreement without the prior approval of Agent. Upon receipt of such notice, Agent shall use commercially reasonable efforts to arrange for the Lenders or other financial institutions acceptable to Agent to provide such additional Revolving Loan Commitments. Nothing contained in this subsection 2.1A(iii) or otherwise in this Agreement is intended to commit any Lender or Agent to provide any portion of any such additional Revolving Loan Commitments. If and to the extent that any Lenders and/or other financial institutions agree, in their sole discretion, to provide any such additional Revolving Loan Commitments, (a) any such financial institution not then a party to this Agreement shall execute a counterpart signature page to this Agreement and deliver originally executed copies of such signature page to Borrower and Agent, (b) the Revolving Loan Commitment at such time. amount shall be increased by the amount of the additional Revolving Loan Commitments agreed to be so provided, (c) Each Revolving Loan Borrowing shall be in an amount specified in a Borrowing Notice delivered pursuant to Section 2.7. (d) Proceeds the Pro Rata Shares of the Revolving Loans (other than Revolving LC Loans which shall be used to repay the Revolving LC Issuing Bank for Revolving LC Disbursements) shall be used solely for (i) the payment of transaction fees and expenses, (ii) payment of gas purchase, hedging, transportation, balancing and storage costs and expenses (including to meet credit support requirements under gas purchase, hedging, transportation, balancing or storage agreements), (iii) to provide credit support as may be required from time to time under Project-related agreements on behalf of the Borrower or the RG Facility Entities, (iv) to fund in cash or to issue Revolving LCs to satisfy the DSRA Reserve Amount respective Lenders in respect of any Senior Secured Debt Instrument, and (v) other working capital and other general corporate purposes. (e) Revolving Loans repaid or prepaid may be re-borrowed at any time and from time to time until the expiration of the Revolving Loan Availability PeriodCommitments shall be proportionally adjusted, (d) at such time and in such manner as Borrower and Agent shall agree (it being understood that Borrower and Agent will use all commercially reasonable efforts to avoid the prepayment or assignment of any Eurodollar Rate Loan on a day other than the last day of the Interest Period applicable thereto), the Lenders shall assign and assume outstanding Revolving Loans and participations in outstanding Letters of Credit so as to cause the amount of such Revolving Loans and participations in Letters of Credit held by each Lender to conform to the respective percentages of the applicable Revolving Loan Commitments of the Lenders and (e) Borrower shall execute and deliver any additional Notes or other amendments or modifications to this Agreement or any other Loan Document as Agent may reasonably request.

Revolving Loan Commitments. (a) Subject Each Lender severally agrees, subject to the terms and conditions limitations set forth hereinbelow, each Revolving Lender, severally and not jointly, shall (i) make Revolving Loans (other than Revolving LC Loans) to the lend to Borrower during the Revolving Loan Availability Period, in an aggregate principal amount not in excess of such Revolving Lender’s Available Revolving Loan Commitment and (ii) participate in the issuance of any Revolving LCs (and any drawings of the Revolving LC Available Amounts thereunder) from time to time during the period from the Closing Date to but excluding the Revolving Loan Availability Period in Commitment Termination Date an aggregate outstanding principal amount not exceeding its Pro Rata Share of the aggregate amount of the Revolving Loan Commitments to be used for the purposes identified in excess subsection 2.5A. The original amount of such Revolving each Lender’s Revolving Loan Commitment. Commitment is set forth opposite its name on Schedule 2.1 annexed hereto and the aggregate original amount of the Revolving Loan Commitments is $200,000,000; provided that the Revolving Loan Commitments of Lenders shall be adjusted to give effect to any assignments of the Revolving Loan Commitments pursuant to subsection 10.1B; and provided, further that the amount of the Revolving Loan Commitments shall be reduced from time to time by the amount of any reductions thereto made pursuant to subsection 2.4 or 6.4C and increased from time to time by the amount of any increases thereto made pursuant to subsection 2.1A(iii). Each Lender’s Revolving Loan Commitment shall expire on the Revolving Loan Commitment Termination Date and all Revolving Loans and all other amounts owed hereunder with respect to the Revolving Loans and the Revolving Loan Commitments shall be paid in full no later than that date. Subject to the provisions of subsection 2.4A, amounts borrowed under this subsection 2.1A(ii) may be repaid and reborrowed to but excluding the Revolving Loan Commitment Termination Date. Anything contained in this Agreement to the contrary notwithstanding, the Revolving Loans and the Revolving Loan Commitments shall be subject to the limitations that, (a) after giving effect to any requested Revolving Loan, no Borrowing Limitation shall be exceeded, and (b) After giving effect to the making of any Revolving Loans (other than Revolving LC Loans), the aggregate outstanding principal amount of all Revolving Loans that are Foreign Currency Loans shall not exceed the Available Aggregate Revolving Loan Commitment at such timeDollar Equivalent of $25,000,000. (c) Each Revolving Loan Borrowing shall be in an amount specified in a Borrowing Notice delivered pursuant to Section 2.7. (d) Proceeds of the Revolving Loans (other than Revolving LC Loans which shall be used to repay the Revolving LC Issuing Bank for Revolving LC Disbursements) shall be used solely for (i) the payment of transaction fees and expenses, (ii) payment of gas purchase, hedging, transportation, balancing and storage costs and expenses (including to meet credit support requirements under gas purchase, hedging, transportation, balancing or storage agreements), (iii) to provide credit support as may be required from time to time under Project-related agreements on behalf of the Borrower or the RG Facility Entities, (iv) to fund in cash or to issue Revolving LCs to satisfy the DSRA Reserve Amount in respect of any Senior Secured Debt Instrument, and (v) other working capital and other general corporate purposes. (e) Revolving Loans repaid or prepaid may be re-borrowed at any time and from time to time until the expiration of the Revolving Loan Availability Period.

Revolving Loan Commitments. Section 2.01 Revolving Loan Commitments; Use of Proceeds. (a) Subject to and upon the terms and conditions herein set forth hereinforth, each Revolving Lender, Lender severally and not jointly, shall (i) agrees to make Revolving Loans (other than Revolving LC Loans) to the Borrower during the Revolving Loan Availability Period, in an aggregate principal amount not in excess of such Revolving Lender’s Available Revolving Loan Commitment and (ii) participate in the issuance of any Revolving LCs (and any drawings of the Revolving LC Available Amounts thereunder) from time to time during on and after the Closing Date, but prior to the Revolving Loan Availability Period Termination Date, Revolving Loans in an aggregate amount outstanding principal amount at any time not in excess of to exceed such Revolving Lender’s 's Revolving Loan Commitment. Borrower shall be entitled to repay and reborrow Revolving Loans in accordance with the provisions hereof. (b) After giving effect to Each Revolving Loan shall, at the making option of any Borrower, be made or continued as, or converted into, part of one or more Borrowings that shall consist entirely of Syndicate Loans (comprised of Base Rate Advances or Eurodollar Advances) or Competitive Bid Loans. The aggregate principal amount of each Borrowing of Revolving Loans comprised of Eurodollar Advances shall not be less than $5,000,000 or a greater integral multiple of $1,000,000. The aggregate principal amount of each Borrowing of Competitive Bid Loans shall not be less than $5,000,000. The aggregate principal amount of each Borrowing of Revolving Loans comprised of Base Rate Advances shall not be less than $1,000,000 or a greater integral mul tiple of $1,000,000. At no time shall the number of Borrowings outstanding under this Article II exceed ten; provided that, for the purpose of determining the number of Borrowings outstanding and the minimum amount for Borrowings resulting from conversions or continuations, all Borrowings of Base Rate Advances under this Facility shall be considered as one Borrowing. The parties hereto agree that (i) the aggregate principal balance of the Revolving Loans (other than Revolving LC including the Competitive Bid Loans), ) of the Lenders as a group shall not exceed the aggregate outstanding principal amount of all Revolving Loan Commitments, (ii) no Lender shall be obligated to make Syndicate Loans shall not exceed in excess of the Available Aggregate Revolving Loan Commitment at of such timeLender, (iii) no Lender shall be obligated hereunder to extend Competitive Bid Loans or to make quotes for such Competitive Bid Loans, and (iv) a Lender may elect, in its discretion, to extend Competitive Bid Loans which, either alone or together with the Syndicate Loans of such Lender, exceed the Revolving Loan Commitment of such Lender. (c) Each Revolving Loan Borrowing shall be in an amount specified in a Borrowing Notice delivered pursuant to Section 2.7. (d) Proceeds The proceeds of the Revolving Loans (other than Revolving LC Loans which shall be used to repay the Revolving LC Issuing Bank for Revolving LC Disbursements) shall be used solely for (i) to refinance existing indebtedness, to fund future acquisitions, to fund share repurchase agreements, to fund the payment of transaction fees and expenses, (ii) payment of gas purchase, hedging, transportation, balancing and storage costs and expenses (including to meet credit support requirements under gas purchase, hedging, transportation, balancing or storage agreements), (iii) to provide credit support as may be required from time to time under Project-related agreements on behalf working capital needs of the Borrower or the RG Facility Entities, (iv) to fund in cash or to issue Revolving LCs to satisfy the DSRA Reserve Amount in respect of any Senior Secured Debt Instrumentand its Subsidiaries, and (v) other working capital and other for general corporate purposes. (e) Revolving Loans repaid or prepaid may be re-borrowed at any time and from time to time until the expiration of the Revolving Loan Availability Period.

Revolving Loan Commitments. (ai) Subject to the terms and conditions set forth of this Agreement and in reliance upon the representations and warranties of the Loan Parties contained herein, each Lender with a Revolving Lender, Loan Commitment severally and not jointlyjointly agrees to make loans (each such loan, shall (ia “Revolving Loan” and collectively, the “Revolving Loans”) make Revolving Loans (other than Revolving LC Loans) in Dollars to Borrower on any Business Day during the Borrower during period from the Closing Date to but not including the Revolving Loan Availability PeriodCommitment Termination Date, in an aggregate principal amount not in excess of to exceed at any time outstanding such Revolving Lender’s Available Revolving Loan Commitment and (ii) participate in the issuance of any Revolving LCs (and any drawings of the Revolving LC Available Amounts thereunder) from time to time during the Revolving Loan Availability Period in an aggregate outstanding principal amount not in excess of such Revolving Lender’s Revolving Loan Commitment. (b) After ; provided, however, that, after giving effect to the making any advance of any Revolving Loans (other than Revolving LC Loans), the aggregate outstanding principal amount of all outstanding Revolving Loans shall not exceed the Available Aggregate Maximum Revolving Loan Commitment at such Balance. Subject to the other terms and conditions hereof, amounts borrowed under this Section 2.1(b) may be repaid and reborrowed from time to time. (c) Each . The “Maximum Revolving Loan Borrowing shall be in an amount specified in a Borrowing Notice delivered pursuant to Section 2.7. (d) Proceeds of the Revolving Loans (other than Revolving LC Loans which shall be used to repay the Revolving LC Issuing Bank for Revolving LC Disbursements) shall be used solely for (i) the payment of transaction fees and expenses, (ii) payment of gas purchase, hedging, transportation, balancing and storage costs and expenses (including to meet credit support requirements under gas purchase, hedging, transportation, balancing or storage agreements), (iii) to provide credit support as may be required Balance” from time to time under Project-related agreements on behalf will be the lesser of: (x) the Borrowing Base (as calculated pursuant to the most recent Borrowing Base Certificate) in effect from time to time, or (y) the aggregate amount of the Borrower or the RG Facility EntitiesRevolving Loan Commitments then in effect, (iv) to fund in cash or to issue Revolving LCs to satisfy the DSRA Reserve Amount each case less those Reserves imposed by Agent in respect of any Senior Secured Debt Instrumentits Permitted Discretion. Agent, and (v) other working capital and other general corporate purposes. (e) Revolving Loans repaid or prepaid in its sole credit judgment, may be re-borrowed at any time and from time to time until adjust the expiration of the Borrowing Base by applying percentages (known as “liquidity factors”) to Eligible Accounts by payor class based upon Borrowers’ actual recent collection history for each such payor class in a manner consistent with Agent’s underwriting practices and procedures. (ii) The Revolving Loan Availability PeriodLoans made by each Lender are evidenced by this Agreement, and if requested by such Lender, a Note payable to such Lender.

Revolving Loan Commitments. (ai) Subject to the terms and conditions of this Agreement and relying on the representations and warranties set forth herein, each Revolving Lender, Lender severally and not jointly, shall (i) agrees to make Revolving Loans (other than Revolving LC Loans) Advances to the Borrower during the Revolving Loan Availability PeriodBorrower, in an aggregate principal amount not in excess of such Revolving Lender’s Available Revolving Loan Commitment and (ii) participate in the issuance of any Revolving LCs (and any drawings of the Revolving LC Available Amounts thereunder) from time to time during the Revolving Loan Availability Period on any Revolving Loan Funding Date, in an amount equal to its Pro Rata Share of the Revolving Loan requested to be made on such date, but in no event shall the sum of (x) any Revolving Advance made by any Revolving Lender as of any date, plus (y) the aggregate outstanding principal amount not in excess of Revolving Advances previously made by such Revolving Lender that remain outstanding and unpaid as of such date, plus (z) such Revolving Lender’s 's Letter of Credit Exposure on such date, exceed such Revolving Lender's Revolving Loan Commitment. (b) After giving effect to the making . As of any Revolving Loans (other than Revolving LC Loans)date, the aggregate outstanding principal amount of all Revolving Loans shall not exceed the Available Aggregate Advances made by all Revolving Loan Commitment at such time. (c) Each Revolving Loan Borrowing shall be in an amount specified in a Borrowing Notice delivered pursuant to Section 2.7. (d) Proceeds of the Revolving Loans (other than Revolving LC Loans which shall be used to repay the Revolving LC Issuing Bank for Revolving LC Disbursements) shall be used solely for (i) the payment of transaction fees Lenders hereunder and expenses, (ii) payment of gas purchase, hedging, transportation, balancing that remain outstanding and storage costs and expenses (including to meet credit support requirements under gas purchase, hedging, transportation, balancing or storage agreements), (iii) to provide credit support as may be required unpaid from time to time under Project-related agreements plus the aggregate amount of all Letter of Credit Exposure on behalf of such date, shall not in any event exceed the Borrower or Maximum Revolving Loan Amount. Unless earlier terminated in accordance herewith, the RG Facility EntitiesRevolving Loan Commitments shall terminate in their entirety on the Final Maturity Date. Subject to the terms hereof, (iv) Revolving Loans that are repaid prior to fund in cash or to issue Revolving LCs to satisfy the DSRA Reserve Amount in respect of any Senior Secured Debt Instrument, and (v) other working capital and other general corporate purposesFinal Maturity Date may be reborrowed. (eii) The failure of any Revolving Loans repaid or prepaid may Lender to make a Revolving Advance to be re-borrowed at made by it as part of any time Revolving Loan shall not relieve, in and from time of itself, any other Revolving Lender of its obligation hereunder to time until make its Revolving Advance on the expiration date of such Revolving Loan, but no Revolving Lender shall be responsible for the failure of any other Revolving Lender to make the Revolving Loan Availability PeriodAdvance to be made by such other Revolving Lender on the date of such Revolving Loan.