Common use of Tranche B Loans Clause in Contracts

Tranche B Loans. Subject to the terms and conditions set forth in this Agreement, each Lender severally agrees to make Tranche B Loans to the Borrowers from time to time during the period from and including the Tranche B Commencement Date to but excluding the Commitment Termination Date; provided that, immediately after each such Tranche B Loan is made, such Lender's Outstanding Tranche B Amount shall not exceed its Tranche B Commitment. Each Borrowing of Tranche B Loans shall be borrowed from the several Lenders ratably in proportion to their respective Tranche B Commitments. The initial aggregate amount of the Tranche B Commitments of all Lenders as of the Closing Date is $10,000,000. Within the limits specified herein, the Borrowers may borrow Tranche B Loans, repay such borrowing and reborrow Tranche B Loans pursuant to the terms of this Agreement. As used in this Section 2.01(b), "Tranche B Commencement Date" means the date, if any, on which Supermajority Lenders in their sole discretion shall have consented in writing to a request by the Borrowers (delivered to the Administrative Agent and the Lenders) that Lenders permit Tranche B Loans to be borrowed hereunder. Notwithstanding anything to the contrary contained herein, Supermajority Lenders may in their sole discretion, together with any consent described in the preceding sentence, prescribe additional limitations on the aggregate amount of Tranche B Loans permitted to be borrowed from time to time, the increments for borrowing Tranche B Loans and the times such Borrowings may be made hereunder and other terms and conditions relating to the availability of the Tranche B Loans.

Tranche B Loans. Subject to the terms and conditions set forth in this Agreement, each Each Lender severally agrees to make Tranche B Loans lend to the Borrowers Borrowers, on a joint and several basis, from time to time during the period from and including the Tranche B Commencement Date date of entry of the Interim Borrowing Order to but excluding the Commitment Termination Date; provided that, immediately after each such Tranche B Loan is made, such Lender's Outstanding Tranche B Amount shall Date an aggregate amount not exceed exceeding its Tranche B Commitment. Each Borrowing Pro Rata Share of Tranche B Loans shall be borrowed from the several Lenders ratably in proportion to their respective Tranche B Commitments. The initial aggregate amount of the Tranche B Commitments of all Lenders as of the Closing Date is $10,000,000. Within the limits specified herein, the Borrowers may borrow Tranche B Loans, repay such borrowing and reborrow Tranche B Loans solely pursuant to subsection 3.3B, it being understood that the entry of the Interim Borrowing Order in accordance with the terms of this Agreement. As used in this Section 2.01(b), "Agreement is a condition precedent to each Lender's Tranche B Commencement Date" means Commitment, and all Tranche B Commitments shall immediately terminate should the Interim Borrowing Order not be so entered. The original amount of each Lender's Tranche B Commitment is set forth opposite its name on Schedule 2.1 annexed hereto and the aggregate original amount of the Tranche B Commitments is $367,853,962.03; provided that the Tranche B Commitments of Lenders shall be adjusted to give effect to any assignments of the Tranche B 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 2.4A or 6.12, and shall be reduced on the date of entry of the Interim Borrowing Order and on the date of entry of the Final Borrowing Order to an amount (on each date) equal to the maximum amount which is on such date, if anyor at any time thereafter may become, available to be drawn under the Existing L/Cs (and any reduction of the Tranche B Commitments on which Supermajority Lenders in their sole discretion the date of entry of the Interim Borrowing Order or the Final Borrowing Order shall have consented in writing be applied to a request by each Lender's Tranche B Commitment ratably). Each Lender's Tranche B Commitment shall expire on the Borrowers (delivered to the Administrative Agent Termination Date and the Lenders) that Lenders permit all Tranche B Loans to be borrowed hereunder. Notwithstanding anything and all other amounts owed hereunder with respect to the contrary contained herein, Supermajority Lenders may in their sole discretion, together with any consent described in the preceding sentence, prescribe additional limitations on the aggregate amount of Tranche B Loans permitted to be borrowed from time to time, the increments for borrowing Tranche B Loans and the times such Borrowings Tranche B Commitments shall be paid in full no later than that date. Amounts borrowed under this subsection 2.1A(ii) and subsequently repaid may not be made hereunder and other terms and conditions relating reborrowed. Anything contained in this Agreement to the availability contrary notwithstanding, in no event shall the Total Utilization of Tranche B Commitments at any time exceed the Tranche B LoansCommitments then in effect.

Tranche B Loans. Subject to the terms and conditions set forth in this Agreementhereof, each Lender severally agrees to make loans to Borrower (herein called such Lender's "Tranche B Loans to the Borrowers Loans") upon Borrower's request from time to time during the period from Tranche B Revolving Period, provided that (a) subject to Sections 3.3, 3.4 and including 3.6, all Lenders are requested to make Tranche B Loans of the same Type in accordance with their respective Percentage Shares and as part of the same Borrowing, (b) after giving effect to such Tranche B Loans, the Tranche B Commencement Date to but excluding Facility Usage does not exceed the Commitment Termination Date; provided that, immediately after each such Tranche B Loan is made, such Lender's Outstanding Tranche B Amount shall Borrowing Base (as defined in Section 2.10) and (c) the Aggregate Facility Usage does not exceed its Tranche B Commitmentthe Maximum Loan Amount. Each The aggregate amount of all Loans in any Borrowing of Tranche B Loans shall that are Base Rate Loans must be borrowed from greater than or equal to $100,000 or must equal the several Lenders ratably in proportion to their respective remaining availability under the Tranche B CommitmentsBorrowing Base. The initial aggregate amount of all Loans in any Borrowing of Tranche B Loans that are Eurodollar Loans must be greater than or equal to $500,000 or must equal the remaining availability under the Tranche B Commitments Borrowing Base. Borrowers may have not more than three Borrowings of Tranche B Loans that are Eurodollar Loans outstanding at any time. The obligation of Borrower to repay to each Lender the aggregate amount of all Lenders as of the Closing Date is $10,000,000. Within the limits specified herein, the Borrowers may borrow Tranche B LoansLoans made by such Lender, repay together with interest accruing in connection therewith, shall be evidenced by a single promissory note (herein called such borrowing Lender's "Tranche B Note") made by Borrower payable to the order of such Lender in the form of Exhibit A-2 with appropriate insertions. The amount of principal owing on any Lender's Tranche B Note at any given time shall be the aggregate amount of all Tranche B Loans theretofore made by such Lender minus all payments of principal theretofore received by such Lender on such Tranche B Note. Interest on each Tranche B Note shall accrue and be due and payable as provided herein and therein. Each Tranche B Note shall be due and payable as provided herein and therein, and shall be due and payable in full on the Tranche B Maturity Date. Subject to the terms and conditions hereof, Borrower may borrow, repay, and reborrow Tranche B Loans pursuant to the terms of this Agreement. As used in this Section 2.01(b), "Tranche B Commencement Date" means the date, if any, on which Supermajority Lenders in their sole discretion shall have consented in writing to a request by the Borrowers (delivered to the Administrative Agent and the Lenders) that Lenders permit Tranche B Loans to be borrowed hereunder. Notwithstanding anything to the contrary contained herein, Supermajority Lenders may in their sole discretion, together with any consent described in the preceding sentence, prescribe additional limitations on the aggregate amount of Tranche B Loans permitted to be borrowed from time to time, the increments for borrowing Tranche B Loans and the times such Borrowings may be made hereunder and other terms and conditions relating to the availability of the Tranche B Loans.

Tranche B Loans. Subject to the terms and conditions set forth in this Agreement, each Lender severally agrees to make Tranche B Loans to the Borrowers from time to time during the period from and including the Tranche B Commencement Date to but excluding the Commitment Termination Date; provided that, immediately after each such Tranche B Loan is made, such Lender's Outstanding Tranche B Amount shall not exceed its Tranche B Commitment. Each Borrowing of Tranche B Loans shall be borrowed from the several Lenders ratably in proportion to their respective Tranche B Commitments. The initial aggregate amount of the Tranche B Commitments of all Lenders as of the Closing Date is $10,000,000. Within the limits specified herein, the Borrowers may borrow Tranche B Loans, repay such borrowing and reborrow Tranche B Loans pursuant to the terms of this Agreement. As used in this Section 2.01(b), "Tranche B Commencement Date" means the later of (i) the date, if any, on which Supermajority Lenders in their sole discretion shall have consented in writing to a request by the Borrowers (delivered to the Administrative Agent and the Lenders) that Lenders permit Tranche B Loans to be borrowed hereunder, and (ii) the date specified as the proposed initial date of borrowing of Tranche B Loans in a Notice of Borrowing delivered to the Administrative Agent pursuant to Section 2.02. Notwithstanding anything to the contrary contained herein, Supermajority Lenders may in their sole discretion, together with any consent described in the preceding sentence, prescribe additional limitations on the aggregate amount of Tranche B Loans permitted to be borrowed from time to time, the increments for borrowing Tranche B Loans and the times such Borrowings may be made hereunder and other terms and conditions relating to the availability of the Tranche B Loans.

Tranche B Loans. Subject to the terms and conditions set forth in this Agreementhereof, each Lender Tranche B Lenders severally agrees agree to make loans to Borrower (herein called such Tranche B Lender's "Tranche B Loans") from time to time on any Business Day during the Tranche B Commitment Period so long as (i) all Tranche B Lenders are requested to make Tranche B Loans to of the Borrowers from time to time during same Type in accordance with their respective Tranche B Percentage Shares and as part of the period from and including same Borrowing, (ii) the sum of (a) the aggregate amount of all Tranche B Loans outstanding plus (b) the LC Obligations outstanding does not exceed the Tranche B Commencement Date to but excluding Commitment at any time and (iii) the Commitment Termination Date; provided that, immediately after each such aggregate amount of all Loans (including Committed Loans and Competitive Bid Loans) and all LC Obligations does not exceed the Commitment. The aggregate amount of all Tranche B Loan is made, such Lender's Outstanding Tranche B Amount shall not exceed its Loans in any Borrowing must be greater than or equal to $250,000 and must be a higher integral multiple of $100,000 or must equal the unadvanced portion of the Tranche B Commitment. Each Borrowing In addition to the foregoing, upon the making of each payment by the Issuing Bank pursuant to any LC, Borrower shall be deemed to have requested each Tranche B Loans Lender to, and such Tranche B Lender shall, make a Tranche B Loan in the amount of such Tranche B Lender's Tranche B Percentage Share of Borrower's consequent reimbursement obligation and apply the proceeds thereof to the payment of such reimbursement obligation. When any Matured LC Obligations is repaid with proceeds of a Borrowing, such Matured LC Obligations so repaid shall be borrowed from the several Lenders ratably in proportion to their respective Tranche B Commitments. The initial aggregate amount of the Tranche B Commitments of all Lenders as of the Closing Date is $10,000,000. Within the limits specified herein, the Borrowers may borrow Tranche B Loans, repay extinguished and such borrowing and reborrow Tranche B Loans pursuant to Borrowing shall be governed by the terms of this AgreementAgreement applicable to all other Borrowings. As used Any such Borrowings are Borrowings of Committed Base Rate Loans unless otherwise designated by Borrower in this compliance with the notice requirements set forth in Section 2.01(b), "2.2. The obligation of Borrower to repay to each Tranche B Commencement Date" means the date, if any, on which Supermajority Lenders in their sole discretion shall have consented in writing to a request by the Borrowers (delivered to the Administrative Agent and the Lenders) that Lenders permit Tranche B Loans to be borrowed hereunder. Notwithstanding anything to the contrary contained herein, Supermajority Lenders may in their sole discretion, together with any consent described in the preceding sentence, prescribe additional limitations on Lender the aggregate amount of all Tranche B Loans permitted made by such Tranche B Lender, together with interest accruing in connection therewith, shall be evidenced by a single promissory note made by Borrower payable to the order of such Tranche B Lender (herein called such Tranche B Lender's "Tranche B Note") in the form of Exhibit B with appropriate insertions. The amount of principal owing on any Tranche B Lender's Tranche B Note at any given time shall be borrowed from time to time, the increments for borrowing aggregate amount of all Tranche B Loans and theretofore by such Tranche B Lender made minus all payments of principal theretofore received by such Tranche B Lender on its Tranche B Note. Principal paid or prepaid on the times such Borrowings may be made hereunder and other Tranche B Notes may, subject to the terms and conditions relating to the availability of hereof, be reborrowed during the Tranche B LoansCommitment Period. Interest on each Tranche B Note shall accrue and be payable as provided herein and therein."

Tranche B Loans. Subject to the terms and conditions of this Agreement and in reliance upon the representations and warranties of the Loan Parties set forth in this Agreementthe Loan Documents, each Lender hereby severally agrees to make Tranche B Loans agrees, subject to the Borrowers limitations set forth below with respect to the maximum amount of Loans permitted to be outstanding from time to time, to lend to Company from time to time during the period from and including the Tranche B Commencement Date January 1, 1997, to but excluding June 1, 1997, an aggregate amount not exceeding its Pro Rata Share of the Commitment Termination Date; provided that, immediately after each such Tranche B Loan is made, such Lender's Outstanding Tranche B Amount shall not exceed its Tranche B Commitment. Each Borrowing of Tranche B Loans shall be borrowed from the several Lenders ratably in proportion to their respective Tranche B Commitments. The initial aggregate amount of the Tranche B Commitments to be used for the purposes identified in subsection 2.5A(ii). The original amount of all Lenders as each Lender's Tranche B Commitment is set forth opposite its name on Schedule 2.1 annexed hereto and the aggregate original amount of the Closing Date Tranche B Commitments is $10,000,000. Within 40,000,000; provided that the limits specified herein, the Borrowers may borrow Tranche B LoansCommitments of Lenders shall be adjusted to give effect to any assignments of the Tranche B Commitments pursuant to subsection 10.1B; and provided further that the amount of the Tranche B Commitments shall be reduced from time to time by the amount of any reductions thereto made pursuant to subsections 2.4A and 2.4B. The unused portion of each Lender's Tranche B Commitment shall expire on June 1, repay such borrowing 1997 and reborrow Tranche B Loans pursuant to the terms of this Agreementmay not be made on or after that date. As used in this Section 2.01(b), "Each Lender's Tranche B Commencement Date" means Commitment shall expire on the date, if any, on which Supermajority Lenders in their sole discretion shall have consented in writing to a request by the Borrowers (delivered to the Administrative Agent Commitment Termination Date and the Lenders) that Lenders permit all Tranche B Loans to be borrowed hereunder. Notwithstanding anything and all other amounts owed hereunder with respect to the contrary contained herein, Supermajority Lenders may in their sole discretion, together with any consent described in the preceding sentence, prescribe additional limitations on the aggregate amount of Tranche B Loans permitted to be borrowed from time to time, the increments for borrowing Tranche B Loans and the times such Borrowings may Tranche B Commitments shall be paid in full no later than that date. Loans made hereunder and other terms and conditions relating by Lenders pursuant to the availability of the this subsection 2.1A(ii) are described herein as "Tranche B Loans." Amounts borrowed under this subsection 2.1A(ii) may be repaid and reborrowed (subject to compliance with Section 4) to but excluding June 1, 1997. Anything contained in this Agreement to the contrary notwithstanding, the Tranche B Loans and Tranche B Commitments shall be subject to the limitation that in no event shall the sum of the principal amount of the outstanding Tranche B Loans plus the principal amount of the outstanding Permitted Maryland Heights Indebtedness exceed the Tranche B Commitments then in effect.

Tranche B Loans. Subject Each Tranche B Lender hereby severally agrees, subject to the terms and conditions limitations set forth in this Agreement, each Lender severally agrees to make Tranche B Loans subsection 2.1A(iii) below with respect to the Borrowers maximum amount of Loans permitted to be outstanding from time to time, to lend to Borrowers, as joint and several obligors, from time to time during the period from and including the Tranche B Commencement Effective Date to but excluding the Commitment Termination Date; provided that, immediately after each such Date an aggregate amount not exceeding its Pro Rata Share of the aggregate Commitments to be used for the purposes identified in subsection 2.5A. Each Tranche B Loan is made, such Lender's Outstanding commitment to make Tranche B Amount shall not exceed Loans to Borrowers pursuant to this subsection 2.1A is herein called its "Tranche B Commitment. Each Borrowing " and such commitments of all Tranche B Loans shall be borrowed from Lenders in the several Lenders ratably in proportion to their respective aggregate are herein called the "Tranche B Commitments. ." The initial amount of each Lender's Tranche B Commitment as of the Effective Date is set forth opposite its name on Schedule 2.1 hereto and the aggregate Tranche B Commitments as of the Effective Date is $10,350,000; provided, that the amount of the Tranche B Commitments of all Lenders as of the Closing Date is $10,000,000. Within the limits specified herein, the Borrowers may borrow Tranche B Loans, repay such borrowing and reborrow Tranche B Loans pursuant to the terms of this Agreement. As used in this Section 2.01(b), "Tranche B Commencement Date" means the date, if any, on which Supermajority Lenders in their sole discretion shall have consented in writing to a request by the Borrowers (delivered to the Administrative Agent and the Lenders) that Lenders permit Tranche B Loans to be borrowed hereunder. Notwithstanding anything to the contrary contained herein, Supermajority Lenders may in their sole discretion, together with any consent described in the preceding sentence, prescribe additional limitations on the aggregate amount of Tranche B Loans permitted to be borrowed reduced from time to time, time by the increments for borrowing amount of any reductions thereto made pursuant to subsection 2.4. Each Lender's Tranche B Commitment shall expire on the Commitment Termination Date and all Tranche B Loans and the times such Borrowings all other amounts owed hereunder shall be paid in full no later than that date. Amounts borrowed under this subsection 2.1A may be made hereunder repaid and other terms and conditions relating reborrowed to but excluding the availability of the Tranche B LoansCommitment Termination Date.