The Revolving Loan. Bank will loan to Borrower an amount not to exceed Twenty Million Dollars ($20,000,000) outstanding in the aggregate at any one time (the "Revolving Loan"). Borrower may borrow, repay and reborrow all or part of the Revolving Loan in amounts of not less than One Million Dollars ($1,000,000) in accordance with the terms of the Revolving Note. All borrowing's of the Revolving Loan must be made before March 31, 1998, at which time all unpaid principal and interest of the Revolving Loan shall be due and payable. The Revolving Loan shall be evidenced by a promissory note (the "Revolving Note") on the standard form used by Bank for commercial loans. Bank shall enter each amount borrowed and repaid in Bank's records, and such entries shall be deemed to accurately reflect both principal outstanding and payments made. Omission of Bank to make any such entries shall not discharge Borrower of its obligation to repay in full with interest all amounts borrowed.
The Revolving Loan. The Bank will make a revolving loan to the Company on the following terms and subject to the following conditions:
The Revolving Loan. Bank will loan to Borrower an amount not to exceed Six Million Dollars ($6,000,000) outstanding in the aggregate at any one time (the "Revolving Loan"). Borrower may borrow, repay and reborrow all or part of the Revolving Loan in accordance with the terms of the Revolving Note. All borrowings of the Revolving Loan must be made before July 1, 2004 at which time all unpaid principal and interest of the Revolving Loan shall be due and payable. The Revolving Loan shall be evidenced by a promissory note (the "Revolving Note") on the standard form used by Bank for commercial loans. Bank shall enter each amount borrowed and repaid in Bank's records and such entries shall be deemed to be the amount of the Revolving Loan outstanding. Omission of Bank to make any such entries shall not discharge Borrower of its obligation to repay in full with interest all amounts borrowed.
The Revolving Loan. Lender agrees to extend to Borrower the credit facility described in this Section 2.1 in the aggregate principal amount of the Revolving Loan Amount. Lender agrees to extend the Revolving Loan to Borrower in accordance with the terms of, and subject to the conditions set forth in, this Agreement, the Revolving Note and the other Loan Documents. An initial Borrowing Tranche under the Revolving Loan shall be borrowed on the Closing Date and, thereafter, any such Borrowing Tranche may be converted or renewed from time to time in accordance with the terms and subject to the conditions set forth in this Agreement. Subject to Section 2.6 and any other conditions and limitations set forth in this Agreement, any Borrowing Tranche under the Revolving Loan shall be treated as, at Borrower's election subject to and in accordance with the terms set forth in this Agreement: (a) a LIBO Rate Tranche and shall bear interest per annum at a rate equal to 1.15% (115 basis points) plus the LIBO Rate; or (b) a Base Rate Tranche and shall bear interest at a rate equal to the Base Rate minus 1.00% (100 basis points). The unpaid principal balance plus all accrued but unpaid interest on the Revolving Loan shall be due and payable on the Revolving Loan Maturity Date, or such earlier date on which such amount shall become due and payable on account of acceleration by Lender in accordance with the terms of the Revolving Note and this Agreement."
The Revolving Loan. Section 2(a)(i), the first sentence of Section 2(a)(ii), and Section 2(a)(iii) of the Agreement are hereby amended and restated in their respective entireties as follows:
The Revolving Loan. During the period commencing on the date of that certain Amendment No. 4 to Loan Agreement, by and between Bank and Borrower, and ending on September 30, 2008, Bank will loan to Borrower an amount not to exceed Forty Million Dollars ($40,000,000) outstanding in the aggregate at any one time. During the period commencing on October 1, 2008 and ending on December 31, 2008, Bank will loan to Borrower an amount not to exceed Thirty Million Dollars ($30,000,000) outstanding in the aggregate at any one time. The foregoing reducing revolving loan is hereinafter referred to as the "Revolving Loan". The proceeds of the Revolving Loan shall be used for Borrower's general working capital purposes and for the issuance of letters of credit. Borrower may borrow, repay and reborrow all or part of the Revolving Loan in amounts of not less than Five Hundred Thousand Dollars ($500,000) in accordance with the terms of the Revolving Note (defined below). All borrowings of the Revolving Loan must be made before December 31, 2008 at which time all unpaid principal and interest of the Revolving Loan shall be due and payable. The Revolving Loan shall be evidenced by Bank's standard form of commercial promissory note (the "Revolving Note"). Bank shall enter each amount borrowed and repaid in Bank's records and such entries shall be deemed correct. Omission of Bank to make any such entries shall not discharge Borrower of its obligation to repay in full with interest all amounts borrowed. The Revolving Loan shall be subject to the following sublimits:
The Revolving Loan. The Bank hereby agrees to extend the Revolving Loan Maturity Date from December 31, 2000 to January 31, 2002, under the provisions of Section 2.a(iv) of the Agreement. The extension is subject to execution and delivery by the Company to the Bank of a Revolving Note in the form of EXHIBIT "A" attached to this Sixth Amendment.
The Revolving Loan. (a) The Lender agrees to lend to the Borrower and the Borrower agrees to borrow on a revolving basis from time to time the principal amount (the "Revolving Loan") not to exceed at any time outstanding the lesser (the "Revolving Loan Committed Amount") of Six Million Dollars ($6,000,000) or the Borrowing Base.
The Revolving Loan. Bank agrees, on the terms and conditions hereinafter set forth, to make loans to Borrower (collectively, the "Revolving Loan"), by means of one or more advances made from time to time during the period of time from the date hereof, to and including the earlier of June 30, 2013 (the "Revolving Loan Maturity Date"), or the date of the occurrence of an Event of Default (as hereinafter defined), not to exceed the lesser of (a) $12,500,000 ("the "Maximum Revolving Loan Amount") or (b) the availability under the Borrowing Base (as hereinafter defined) after taking into consideration the outstanding principal amount of Term Loan 2 and Term Loan 4 (the "Borrowing Base Availability").
The Revolving Loan. On the terms and conditions set forth in the MLA and this Third Supplement, CoBank agrees to make one or more advances (collectively, the “Loan”) to the Borrower during the Availability Period (as hereinafter defined in Section 3 hereof) in an aggregate principal amount outstanding at any one time not to exceed $10,000,000 (the “Commitment”). The Commitment shall expire at 11:00 am Mountain time on August 2, 2013 (the “Maturity Date”). Under the Commitment, amounts borrowed and later prepaid may be reborrowed during the Availability Period.
