Common use of Revolving Loan Facility Clause in Contracts

Revolving Loan Facility. On the terms and subject to the conditions of this Agreement, each Revolving Lender severally agrees to advance to the Borrower from time to time during the period beginning on the Effective Date up to, but not including the Termination Date, such loans in Dollars as the Borrower may request under this Section 2.01(b) (individually, a “Revolving Loan”); provided, however, that (i) the sum of (A) the Effective Amount of all Revolving Loans made by such Lender at any time outstanding and (B) such Lender’s Revolving Proportionate Share of the Effective Amount of all L/C Obligations and all Swing Line Loans at any time outstanding shall not exceed such Lender’s Revolving Loan Commitment at such time and (ii) the sum of (A) the Effective Amount of all Revolving Loans made by all of the Revolving Lenders at any time outstanding and (B) the Effective Amount of all L/C Obligations and Swing Line Loans at any time outstanding shall not exceed the Revolving Loan Facility at such time. All Revolving Loans shall be made on a pro rata basis by the Revolving Lenders in accordance with their respective Revolving Proportionate Shares, with each Revolving Loan Borrowing to be comprised of a Revolving Loan by each Revolving Lender equal to such Lender’s Revolving Proportionate Share of such Revolving Loan Borrowing. Except as otherwise provided herein, the Borrower may borrow, repay and reborrow Revolving Loans until the Termination Date in respect of the Revolving Loan Facility.

Revolving Loan Facility. On Subject to the terms and subject to the conditions of this Agreement, each Revolving Lender of the Banks, severally agrees to advance and not jointly, shall make revolving loans available to the Borrower from time to time during in the following manner. During the period beginning on from the Effective Date up to, but not date hereof to and including such date as is thirty (30) days prior to the Termination Maturity Date, such each Bank will make revolving loans in Dollars as (each a "Revolving Loan" and collectively the "Revolving Loans ") to the Borrower may request under this Section 2.01(b) (individually, a “Revolving Loan”); provided, however, that (i) the sum of (A) the Effective Amount of all Revolving Loans made by such Lender at any time outstanding and (B) such Lender’s Revolving Proportionate Share of the Effective Amount of all L/C Obligations and all Swing Line Loans at any time outstanding shall in amounts not to exceed such Lender’s Banks' Pro Rata Share which, when added to the then Outstanding Revolving Loan Commitment at such time and (ii) the sum of (A) the Effective Amount of all Revolving Loans made by all of the Revolving Lenders at any time outstanding and (B) the Effective Amount of all L/C Obligations and Swing Line Loans at any time outstanding shall Balance, do not exceed the then effective Revolving Loan Facility at such timeAmount. All Revolving Loans shall be made on a pro rata basis by the Revolving Lenders in accordance with their respective Revolving Proportionate Shares, with each Revolving Loan Borrowing to be comprised of The date a Revolving Loan by each Revolving Lender equal is made is referred to such Lender’s Revolving Proportionate Share of such Revolving Loan Borrowingas the "Advance Date". Except as otherwise provided herein, the The Borrower may borrow, repay and reborrow the Revolving Loans until subject to the Termination Date terms of this Agreement. The Borrower's Obligations with respect to each Advance shall be outstanding, due and enforceable in accordance with the terms of the third amended and restated revolving note, duly executed by the Borrower, dated as of the Closing Date, substantially in the form annexed hereto as EXHIBIT "A" (the "Revolving Note") delivered and payable to the Agent as agent for the Banks in the principal amount of $60,000,000. The Revolving Note amends, restates and replaces the two (2) outstanding second amended and restated revolving notes made by the Borrower, one to the order of each Original Lender each of which is hereby cancelled, but the Revolving Note does not extinguish or negate the debt evidenced thereby. Each Bank shall fund each Revolving Loan through the Agent as provided herein. The Agent on behalf of each Bank, shall, and is hereby authorized by the Borrower to, endorse on the schedule attached to the Revolving Note (or on a continuation of such schedule attached to the Revolving Note and made a part thereof) or in the Agent's books and records evidencing such Revolving Loan, an appropriate notation evidencing the date and amount of each Revolving Loan to the Borrower (including all Revolving Loans outstanding as of the Closing Date) as well as the date and amount of each payment and prepayment with respect thereto; PROVIDED, HOWEVER, that the failure of the Agent to make such a notation on a Revolving Note shall not affect any Obligations of the Borrower under the Revolving Note. Any such notation shall be presumptively correct as to the date and amount of the Revolving Loan Facilityor portion thereof, or payment or prepayment of principal or interest thereon, absent manifest error.

Revolving Loan Facility. On (a) REVOLVING LOAN AVAILABILITY. Subject to the terms and subject to the conditions of this AgreementAgreement (including the amount limitations set forth in SECTION 2.05), each Revolving Lender severally agrees to advance to the Borrower Borrowers from time to time during the period beginning on the Restatement Effective Date up to, but not including and ending on the Termination Date, Revolving Loan Maturity Date such loans in Dollars as the Borrower Borrowers may request under this Section 2.01(b) SECTION 2.01 (individually, a “Revolving Loan”"REVOLVING LOAN"); providedPROVIDED, howeverHOWEVER, that (i) the sum of (A) the Effective Amount of all Revolving Loans made by such Revolving Lender at any time outstanding and (B) such Revolving Lender’s 's Revolving Proportionate Share of the Effective Amount of all L/C Obligations and all Swing Line Loans at any time outstanding shall not exceed such Revolving Lender’s 's Revolving Loan Commitment at such time and (ii) the sum of (A) the Effective Amount of all Revolving Loans made by all of the Revolving Lenders at any time outstanding and (B) the Effective Amount of all L/C Obligations and Swing Line Loans at any time outstanding shall not exceed the Total Revolving Loan Facility Commitment at such time. All Revolving Loans shall be made on a pro rata PRO RATA basis by the Revolving Lenders in accordance with their respective Revolving Proportionate Shares, with each Revolving Loan Borrowing to be comprised of a Revolving Loan by each Revolving Lender equal to such Lender’s 's Revolving Proportionate Share of such Revolving Loan Borrowing. Except as otherwise provided herein, the Borrower Borrowers may borrow, repay and reborrow Revolving Loans until the Termination Date in respect of the Revolving Loan FacilityMaturity Date.

Revolving Loan Facility. On the terms and subject to the conditions of this Agreement, each Revolving Lender severally agrees to advance to the Borrower from time to time during the period beginning on the Effective Date up to, but not including the Termination Revolving Loan Maturity Date, such loans in Dollars as the Borrower may request under this Section 2.01(b2.01(c) (individually, a “Revolving Loan”); provided, however, that (i) the sum of (A) the Effective Amount of all Revolving Loans made by such Lender at any time outstanding and (B) such Lender’s Revolving Proportionate Share of the Effective Amount of all L/C Obligations and all Swing Line Loans at any time outstanding shall not exceed such Lender’s Revolving Loan Commitment at such time and (ii) the sum of (A) the Effective Amount of all Revolving Loans made by all of the Revolving Lenders at any time outstanding and (B) the Effective Amount of all L/C Obligations and Swing Line Loans at any time outstanding shall not exceed the Revolving Loan Facility at such time. All Revolving Loans shall be made on a pro rata basis by the Revolving Lenders in accordance with their respective Revolving Proportionate Shares, with each Revolving Loan Borrowing to be comprised of a Revolving Loan by each Revolving Lender equal to such Lender’s Revolving Proportionate Share of such Revolving Loan Borrowing. Except as otherwise provided herein, the Borrower may borrow, repay and reborrow Revolving Loans until the Termination Date in respect of the Revolving Loan FacilityMaturity Date.

Revolving Loan Facility. On From and after the terms Closing Date, subject to the provisions of Section 3 below and subject to the other provisions and conditions of this Agreement, each Revolving Lender severally agrees to (and not jointly) shall, in accordance with its Pro Rata Share, advance to the any Borrower from time to time during the period beginning on the Effective Date up to, but not including prior to the Termination DateDate on a revolving credit basis (collectively, such loans in Dollars as the Borrower may request under this Section 2.01(b) (individually, a “"Revolving Loan”)") up to the amount of such Lender's Revolving Commitment; provided, however, that (i) the sum of (A) the Effective Amount aggregate outstanding principal amount of all Revolving Loans made by such Lender at any time outstanding and (B) such Lender’s Revolving Proportionate Share of the Effective Amount of all L/C Obligations and all Swing Line Loans at any time outstanding shall not exceed such Lender’s Revolving Loan Commitment at such time and (ii) the sum of (A) the Effective Amount of all Revolving Loans made by all of the Revolving Lenders at any time outstanding and (B) the Effective Amount of all L/C Obligations and Swing Line Loans at any time outstanding shall not exceed the lesser of (i) the Maximum Revolving Loan Facility and (ii) the Borrowing Base at such timetime minus, in each case, the aggregate outstanding amount of the LC Obligations at the time any particular advance is made. All Revolving Loans Each Advance to a Borrower under this Section 2.1(a) shall be made in a minimum amount of $100,000 and in integral multiples of $50,000 in excess thereof (or such other amounts as Agent may agree in its discretion), subject to Section 2.9 regarding LIBOR Advances, and shall, on a pro rata basis by the Revolving Lenders day of such Advance, be transferred in accordance with their respective Revolving Proportionate Shares, with each Revolving Loan Borrowing to be comprised of a Revolving Loan by each Revolving Lender equal immediately available funds to such Lender’s Revolving Proportionate Share of Borrower to such Revolving Loan Borrowingaccount as Borrower Representative may, from time to time, designate. Except as otherwise provided herein, the Borrower may borrow, repay and reborrow Revolving Loans until the Termination Date in respect The portion of the Revolving Loan Facilitymade by each Lender under this Section 2.1(a) shall be evidenced, in part, by a promissory note of even date herewith in the form attached hereto as Exhibit 2.1 (the "Revolving Note") with the blanks appropriately filled. The Liabilities evidenced by the Revolving Notes shall become immediately due and payable as provided in Section 8.1 hereof, and, without notice or demand, upon the termination of the Revolving Commitment pursuant to Section 2.8 hereof. Neither Agent nor any Lender shall be responsible for any failure by any other Lender to perform its obligations to make Revolving Loans hereunder, and the failure of any Lender to make its Pro Rata Share of any Revolving Loan hereunder shall not relieve any other Lender of its obligation, if any, to make its Pro Rata Share of any Revolving Loans hereunder.

Revolving Loan Facility. On The Borrowers and any one or more Lenders selected and reasonably approved by the terms and subject Administrative Agent, may agree, upon at least ten (10) days’ prior written notice to the conditions of this AgreementAdministrative Agent, each Revolving Lender severally agrees to advance to the Borrower that such Lenders shall from time to time during make one or more revolving loans available to the period beginning on the Effective Date up to, but not including the Termination Date, such loans in Dollars as the Borrower may request Borrowers pursuant to a revolving loan facility under this clause (c) of Section 2.01(b) 2.1.1 (individuallythe “Revolving Loan Facility”; each commitment thereunder an “Revolving Loan Commitment” and collectively, a the “Revolving Loan Commitments”; and the loans thereunder, each an “Revolving Loan” and collectively, the “Revolving Loans”); provided, however, that (i) the sum of (A) the Effective Amount of all Revolving Loans made by such Lender at any time outstanding and (B) such Lender’s Revolving Proportionate Share of the Effective Amount of all L/C Obligations and all Swing Line Loans at any time outstanding shall not exceed such Lender’s Revolving Loan Commitment at such time and (ii) the sum of (A) the Effective Amount of all Revolving Loans made by all of the Revolving Lenders at any time outstanding and (B) the Effective Amount of all L/C Obligations and Swing Line Loans at any time outstanding shall not exceed the . The Revolving Loan Facility at such time. All Revolving Loans shall be made on documented by an amendment or supplement to, or a pro rata basis by restatement of, this Agreement, setting forth the Revolving Lenders in accordance with their respective Revolving Proportionate Shares, with each Revolving Loan Borrowing to be comprised of a Revolving Loan by each Revolving Lender equal to such Lender’s Revolving Proportionate Share of such Revolving Loan Borrowing. Except as otherwise provided herein, the Borrower may borrow, repay terms and reborrow Revolving Loans until the Termination Date in respect conditions of the Revolving Loan Facility, which amendment, supplement or restatement shall be signed by the Borrowers, the Required Lenders and the Lenders providing such Revolving Loan Commitments. Notwithstanding the foregoing: (i) the aggregate principal amount of all Revolving Loan Commitments shall not exceed $20,000,000; (ii) on a pro forma basis after giving effect to each Revolving Loan made under the Revolving Loan Facility, the Loan to Value Ratio must be less than 40%; (iii) the expiration date of the Revolving Loan Facility shall be the same as the Stated Maturity Date; (iv) no Default or Event of Default shall have occurred and be continuing or result after giving effect to the Revolving Loan Facility or any Revolving Loans thereunder; and (v) the Borrowers shall be in compliance, on a pro forma basis after giving effect to the Revolving Loan Facility and any Revolving Loans thereunder, with all covenants set forth in this Agreement, including the financial covenants set forth in Section 7.2.4, and such compliance shall be evidenced by a Compliance Certificate delivered to the Administrative Agent. Upon the effectiveness of the Revolving Loan Facility under this clause (c) of Section 2.1.1, (i) funds disbursed from the Receipt Account pursuant to the Receipt Waterfall shall no longer be credited to the Working Capital Account, (ii) the Working Capital Account shall be terminated, (iii) Section 7.1.16 shall be deleted in its entirety and Sections 7.1.17, 7.1.18, and 7.1.19 shall be renumbered as Sections 7.1.16, 7.1.17, and 7.1.18, respectively , (iv) clause (a)(vi) of Section 9.3 shall be deleted in its entirety and the remaining subclauses of clause (a) of Section 9.3 shall be renumbered accordingly and (iv) any funds contained in the Working Capital Account upon the effectiveness of the Revolving Loan Facility shall be deposited directly into the Receipt Account for application in accordance with the Receipt Waterfall.