Common use of Termination and Reduction of Commitments and Swingline Commitment Clause in Contracts

Termination and Reduction of Commitments and Swingline Commitment. (a) The Revolving Credit Commitment of each Lender shall be automatically and permanently terminated on the Revolving Credit Facility Termination Date unless sooner terminated pursuant to subsection 2.4(d) below or SECTION 10.5. (b) The Swingline Commitment shall be automatically and permanently terminated on the Swingline Maturity Date unless sooner terminated pursuant to subsection 2.4(d) below or SECTION 10.5. (c) On each date set forth below, the Total Revolving Credit Commitments shall automatically be permanently reduced by the amount set forth below opposite such date (such amounts being subject to reduction as set forth in subsection (e) below): Amount of Reduction in Date Aggregate Commitments ---- ---------------------- March 31, 2001 $25,000,000 June 30, 2001 $25,000,000 September 30, 2001 $25,000,000 December 31, 2001 $25,000,000 March 31, 2002 $25,000,000 June 30, 2002 $25,000,000 September 30, 2002 $25,000,000 December 31, 2002 $25,000,000 March 31, 2003 All Remaining Total Revolving Credit Commitments (d) At any time and from time to time, upon at least five (5) Business Days' prior written notice to the Agent (and, in the case of a termination or reduction of the Unutilized Swingline Commitment, the Swingline Lender), the Borrower may, without premium or penalty, terminate in whole or reduce in part the Total Unutilized Revolving Credit Commitment or the Unutilized Swingline Commitment, provided that any such partial reduction shall be in an aggregate amount of not less than $5,000,000 ($1,000,000 in the case of the Unutilized Swingline Commitment) or, if greater, in multiples of $1,000,000 in excess thereof. The amount of any termination or reduction made under this subsection (D) may not thereafter be reinstated. (e) Each reduction of the Total Revolving Credit Commitment under this SECTION 2.4 shall be applied ratably among the Lenders according to their respective Revolving Credit Commitments and shall be applied to reduce the scheduled reduction amounts set forth in the table in subsection (c) above ratably in accordance with their respective Dollar amounts. After any such reduction, the fee provided in SECTIONS 2.7(B) shall be calculated with respect to the reduced Commitments. Notwithstanding any provision of this Agreement to the contrary, any reduction of the Total Revolving Credit Commitments pursuant to this SECTION 2.4 that has the effect of reducing the Total Revolving Credit Commitments to an amount less than the amount of the Swingline Commitment at such time shall result in an automatic corresponding reduction of the Swingline Commitment to the amount of the Total Revolving Credit Commitments (as so reduced), without any further action on the part of the Borrower or the Swingline Lender.

Termination and Reduction of Commitments and Swingline Commitment. (a) The Revolving Credit Commitment of each Lender shall be automatically and permanently terminated on the Revolving Credit Facility Termination Date unless sooner terminated pursuant to subsection 2.4(dSECTION 2.4(C) below or SECTION 10.5. (b) The Swingline Commitment shall be automatically and permanently terminated on the Swingline Maturity Date unless sooner terminated pursuant to subsection 2.4(dSECTION 2.4(C) below or SECTION 10.5. (c) On each date set forth below, the Total Revolving Credit Commitments shall automatically be permanently reduced by the amount set forth below opposite such date (such amounts being subject to reduction as set forth in subsection (e) below): Amount of Reduction in Date Aggregate Commitments ---- ---------------------- March 31, 2001 $25,000,000 June 30, 2001 $25,000,000 September 30, 2001 $25,000,000 December 31, 2001 $25,000,000 March 31, 2002 $25,000,000 June 30, 2002 $25,000,000 September 30, 2002 $25,000,000 December 31, 2002 $25,000,000 March 31, 2003 All Remaining Total Revolving Credit Commitments (d) At any time and from time to time, upon at least five three (53) Business Days' prior written notice to the Agent (and, in the case of a termination or reduction of the Unutilized Swingline Commitment, the Swingline Lender), the Borrower maymay at its option, without premium or penalty, terminate in whole or reduce in part the Total Unutilized Revolving Credit Commitment or the Unutilized Swingline Commitment, provided that any such partial reduction shall be in an aggregate amount of not less than $5,000,000 ($1,000,000 in the case of the Unutilized Swingline Commitment) or, if greater, in multiples of $1,000,000 in excess thereof. The amount of any termination or reduction made under this subsection (DSECTION 2.4(C) may not thereafter be reinstated. (ed) Each reduction of the Total Revolving Credit Commitment under this SECTION 2.4 shall be applied ratably among the Lenders according to their respective Revolving Credit Commitments and shall be applied to reduce the scheduled reduction amounts set forth in the table in subsection (c) above ratably in accordance with their respective Dollar amountsCommitments. After any such reduction, the fee provided in SECTIONS SECTION 2.7(B) shall be calculated with respect to the reduced Commitments. Notwithstanding any provision of this Agreement to the contrary, any reduction of the Total Revolving Credit Commitments pursuant to this SECTION 2.4 that has the effect of reducing the Total Revolving Credit Commitments to an amount less than the amount of the Swingline Commitment at such time shall result in an automatic corresponding reduction of the Swingline Commitment to the amount of the Total Revolving Credit Commitments (as so reduced), without any further action on the part of the Borrower or the Swingline Lender.