Common use of Commitment to Lend Clause in Contracts

Commitment to Lend. Subject to the terms and conditions set forth in this Agreement, each of the Banks severally agrees to lend to the Borrower, and the Borrower may borrow (and repay and reborrow) from time to time between the Closing Date and the Maturity Date, upon notice by the Borrower to the Agent given in accordance with Section 2.6, such sums as are requested by the Borrower for the purposes set forth in Section 2.9 (but subject to the limitations set forth in Section 2.9) up to a maximum aggregate principal amount outstanding (after giving effect to all amounts requested) at any one time equal to such Bank's Commitment; provided, that, in all events no Default or Event of Default shall have occurred and be continuing and the Borrower's financial statements as required pursuant to Section 2.6(iii) shall demonstrate compliance with all covenants set forth therein; and provided, further, that the outstanding principal amount of the Loans (after giving effect to all amounts requested) shall not at any time exceed the Total Commitment. The Loans shall be made pro rata in accordance with each Bank's Commitment Percentage. Each request for a Loan hereunder shall constitute a representation and warranty by the Borrower that all of the conditions set forth in Section 10 and Section 11, in the case of the initial Loan, and Section 11, in the case of all other Loans, have been satisfied on the date of such request (except as otherwise permitted in Paragraph 4 of the form of Loan Request with respect to warranties and representations). No Bank shall have any obligation to make Loans to the Borrower in the maximum aggregate principal amount outstanding of more than the principal face amount of its Note.

Commitment to Lend. Subject to the terms and conditions set forth in this Agreement, each of the Banks severally agrees to lend to the Borrower, and the Borrower may borrow (and repay and reborrow) from time to time between the Closing Date and the Maturity Date, Date upon notice by the Borrower to the Agent given in accordance with Section 2.6, such sums as are requested by the Borrower for the purposes set forth in Section 2.9 (but subject 7.11 up to the limitations set forth in Section 2.9lesser of (a) up to a maximum aggregate principal amount outstanding (after giving effect to all amounts requested) at any one time equal to such Bank's Commitment; Commitment and (b) such Bank's Commitment Percentage of the Borrowing Base, provided, that, in all events no Default or Event of Default shall have occurred and be continuing and the Borrower's financial statements as required pursuant to Section 2.6(iii) shall demonstrate compliance with all covenants set forth thereincontinuing; and provided, further, that the outstanding principal amount of the Loans (after giving effect to all amounts requested) shall not at any time exceed the Total Commitment. The Loans (other than Swing Loans) shall be made pro rata in accordance with each Bank's Commitment Percentage. Each request for a Loan hereunder shall constitute a representation and warranty by the Borrower that all of the conditions set forth in Section 10 and Section 11, in the case of the initial Loan, and Section 11, in the case of all other Loans, have been satisfied on the date of such request (except as otherwise permitted in Paragraph 4 of the form of Loan Request with respect to warranties and representations)request. No Bank shall have any obligation to make Loans to the Borrower in the maximum aggregate principal amount outstanding of more than the principal face amount of its Note.

Commitment to Lend. (a) Subject to the terms and conditions set forth in this Credit Agreement, each of the Banks Lenders severally agrees to lend to the Borrower, Borrower and the Borrower may borrow (borrow, repay, and repay and reborrow) reborrow from time to time between from the Closing Date and up to but not including the Revolving Credit Loan Maturity Date, Date upon notice by the Borrower to the Administrative Agent given in accordance with Section 2.6, such sums as are requested by the Borrower for the purposes set forth in Section 2.9 (but subject to the limitations set forth in Section 2.9) up to a maximum aggregate principal amount outstanding (after giving effect to all amounts requested) at any one time equal to such BankLender's Commitment; providedCommitment minus such Lender's Commitment Percentage of the sum of the Maximum Drawing Amount and all Unpaid Reimbursement Obligations, that, in all events no Default or Event of Default shall have occurred and be continuing and the Borrower's financial statements as required pursuant to Section 2.6(iii) shall demonstrate compliance with all covenants set forth therein; and provided, further, provided that the sum of the outstanding principal amount of the Revolving Credit Loans (after giving effect to all amounts requested) ), including the Swing Line Loans, plus the Maximum Drawing Amount and all Unpaid Reimbursement Obligations shall not at any time exceed the Total CommitmentCommitment at such time. The Revolving Credit Loans shall be made pro rata in accordance with each BankLender's Commitment Percentage. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower that all of the conditions set forth in Section 10 11 and Section 1112, in the case of the initial LoanRevolving Credit Loans to be made on the Closing Date, and Section 1112, in the case of all other Revolving Credit Loans, have been satisfied on the date of such request (except as otherwise permitted in Paragraph 4 of the form of Loan Request with respect to warranties and representations). No Bank shall have any obligation to make Loans to the Borrower in the maximum aggregate principal amount outstanding of more than the principal face amount of its Noterequest.

Commitment to Lend. Subject to the terms and conditions set forth in this Agreement, each of the Banks Lenders severally agrees to lend to the Borrower, and the Borrower may borrow (and repay and reborrow) from time to time between the Closing Date and the Maturity Date, Date upon notice by the Borrower to the Agent given in accordance with Section 2.6, such sums as are requested by the Borrower for the purposes set forth in Section 2.9 (but subject 7.11 up to the limitations set forth in Section 2.9lesser of (a) up to a maximum aggregate principal amount outstanding (after giving effect to all amounts requested) at any one time equal to such Bank's CommitmentLenders Commitment and (b) such Lenders Commitment Percentage of the Borrowing Base; provided, that, in all events no Default or Event of Default shall have occurred and be continuing and the Borrower's Borrowers financial statements as required pursuant to Section 2.6(iii) shall demonstrate compliance with all covenants set forth therein; and provided, further, that the outstanding principal amount of the Loans (after giving effect to all amounts requested) shall not at any time exceed the Total Commitment. The Loans shall be made pro rata in accordance with each Bank's Lenders Commitment Percentage. Each request for a The Loan hereunder Request shall constitute a representation and warranty by the Borrower that all of the conditions set forth in Section 10 and Section 11, in the case of the initial Loan, and Section 11, in the case of all other Loans, have been satisfied on the date of such request (except as otherwise permitted in Paragraph 4 of funding. Notwithstanding anything herein to the form of Loan Request with respect to warranties and representations). No Bank contrary, the Lenders shall have any no obligation to make Loans to the Borrower in the maximum aggregate principal amount outstanding of more than $35,000,000.00, until the principal face amount Total Commitment shall be increased, up to a maximum of its Note$50,000,000.00, as and when one or more Lenders shall acquire from BKB all or a portion of the additional uncommitted Commitment of $15,000,000.00.

Commitment to Lend. Subject to the terms and conditions set forth in this Agreement, each of the Banks severally agrees to lend to the BorrowerBorrowers, and the Borrower Borrowers may borrow (and repay and reborrow) from time to time between the Closing Date and the Maturity Date, Date upon notice by the Borrower Borrowers to the Agent given in accordance with Section 2.6, such sums as are requested by the Borrower Borrowers for the purposes set forth in Section 2.9 (but subject 7.11 up to the limitations set forth in Section 2.9lesser of (a) up to a maximum aggregate principal amount outstanding (after giving effect to all amounts requested) at any one time equal to such Bank's Commitment; Commitment and (b) such Bank's Commitment Percentage of the Borrowing Base and the Collateral Borrowing Base (whichever is less), provided, that, in all events no Default or Event of Default shall have occurred and be continuing and the Borrower's financial statements as required pursuant to Section 2.6(iii) shall demonstrate compliance with all covenants set forth thereincontinuing; and provided, further, that the outstanding principal amount of the Loans (after giving effect to all amounts requested) shall not at any time exceed the Total Commitment. The Loans (other than Swing Loans) shall be made pro rata in accordance with each Bank's Commitment Percentage. Each request for a Loan hereunder shall constitute a representation and warranty by the Borrower Borrowers that all of the conditions set forth in Section 10 and Section 11, in the case of the initial Loan, and Section 11, in the case of all other Loans, have been satisfied on the date of such request (except as otherwise permitted in Paragraph 4 of the form of Loan Request with respect to warranties and representations)request. No Bank shall have any obligation to make Loans to the Borrower Borrowers in the maximum aggregate principal amount outstanding of more than the principal face amount of its Note.

Commitment to Lend. Subject to the terms and conditions set forth in this Agreement, each of the Banks severally agrees to lend to the Borrower, and the Borrower may borrow (and repay and reborrow) from time to time between the Closing Date and the Maturity Date, upon notice by the Borrower to the Agent given in accordance with Section §2.6, such sums as are requested by the Borrower for the purposes set forth in Section §2.9 (but subject to the limitations set forth in Section 2.9) up to a maximum aggregate principal amount outstanding (after giving effect to all amounts requested) at any one time equal to such Bank's Commitment’s Commitment as Revolving Credit Loans; provided, that, in all events no Default or Event of Default shall have occurred and be continuing and the Borrower's financial statements or will arise as required pursuant to Section 2.6(iii) shall demonstrate compliance with all covenants set forth thereina result thereof; and provided, further, that the outstanding principal amount sum of the Outstanding Revolving Credit Loans and Outstanding Swing Loans (after giving effect to all amounts requested) and the aggregate Letter of Credit Liabilities shall not at any time exceed the Total CommitmentCommitment or the Borrowing Base. The Revolving Credit Loans shall be made pro rata in accordance with each Bank's ’s Commitment Percentage. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower that all of the conditions set forth in Section §10 and Section §11, in the case of the initial Revolving Credit Loan, and Section §11, in the case of all other Revolving Credit Loans, have been satisfied on the date of such request (except as otherwise permitted request. The Agent may assume that the conditions in Paragraph 4 of the form of Loan Request with respect to warranties §10 and representations)§11 have been satisfied unless it receives prior written notice from a Bank that such conditions have not been satisfied. No Bank shall have any obligation to make Revolving Credit Loans to the Borrower in the maximum aggregate principal amount outstanding of more than the principal face amount of its Revolving Credit Note.

Commitment to Lend. Subject to the terms and conditions set forth in this Agreement, each of the Banks Lenders severally agrees to lend to the Borrower, and the Borrower may borrow (and repay and reborrow) from time to time between the Closing Date and the Maturity Date, Date upon notice by the Borrower to the Agent given in accordance with Section 2.6, such sums as are requested by the Borrower for the purposes set forth in Section 2.9 (but subject to the limitations set forth in Section 2.9) 2.8 up to a maximum aggregate principal amount outstanding (after giving effect to all amounts requested) at any one time equal to the lesser of (a) such BankLender's CommitmentCommitment and (b) such Lender's Commitment Percentage of the Borrowing Base; providedPROVIDED, that, in all events no Default or Event of Default shall have occurred and be continuing and the Borrower's financial statements as required pursuant to Section 2.6(iii) shall demonstrate compliance with all covenants set forth thereincontinuing; and providedPROVIDED, furtherFURTHER, that the outstanding principal amount of the Loans (after giving effect to all amounts requested) shall not at any time exceed the Total CommitmentCommitment or cause a violation of the covenant set forth in Section 9.1. The Loans shall be made pro rata PRO RATA in accordance with each BankLender's Commitment Percentage. Each request for a Loan hereunder shall constitute a representation and warranty by the Borrower that all of the conditions set forth in Section 10 and Section 11, in the case of the initial Loan, and Section 11, in the case of all other Loans, 11 have been satisfied on the date of such request (except as otherwise permitted in Paragraph 4 of request. Notwithstanding anything herein to the form of Loan Request with respect to warranties and representations). No Bank contrary, the Lenders shall have any no obligation to make Loans to the Borrower in the maximum aggregate principal principle amount outstanding of more than $150,000,000.00, provided that the principal face Commitment shall be increased up to a maximum amount of its Note$250,000,000.00 if, as and when Tranche B is activated as provided in Section 2.9.

Commitment to Lend. Subject to the terms and conditions set forth in this Agreement, each of the Banks severally agrees to lend to the Borrower, and the Borrower may borrow (and repay and reborrow) from time to time between the Closing Date and the Maturity Date, Advance Termination Date upon notice by the Borrower to the Agent given in accordance with Section 2.6, such sums as are requested by the Borrower for the purposes set forth in Section 2.9 (but subject 7.11 up to the limitations set forth in Section 2.9lesser of (a) up to a maximum aggregate principal amount outstanding (after giving effect to all amounts requested) at any one time equal to such Bank's CommitmentCommitment and (b) such Bank's Commitment Percentage of the difference of (i) the aggregate Designated Collateral Value minus (ii) an amount equal to the aggregate Holdback; provided, that, in all events no Default or Event of Default shall have occurred and be continuing and the Borrower's financial statements as required pursuant to Section 2.6(iii) shall demonstrate compliance with all covenants set forth thereincontinuing; and provided, further, that the outstanding principal amount of the Loans (after giving effect to all amounts requested) shall not at any time exceed the Total Commitment. The Borrower may repay and reborrow from time to time between the Closing Date and the Revolving Credit Termination Date. Notwithstanding anything herein to the contrary, in no event shall the amount of the Loans advanced for purposes permitted under this Agreement, other than the purposes contemplated by Section 5.6, exceed $67,000,000.00, and in no event shall the Borrower be permitted to request Loans after the Revolving Credit Termination Date except for amounts requested pursuant to Section 5.6. The Loans shall be made pro rata in accordance with each Bank's Commitment Percentage. Each request for a The Loan hereunder Request shall constitute a representation and warranty by the Borrower that all of the conditions set forth in Section 10 and Section 11, in the case of the initial Loan, and Section 11, in the case of all other Loans, have been satisfied on the date of such request (except as otherwise permitted in Paragraph 4 of the form of Loan Request with respect to warranties and representations). No Bank shall have any obligation to make Loans to the Borrower in the maximum aggregate principal amount outstanding of more than the principal face amount of its Notefunding.

Commitment to Lend. Subject to the terms and conditions set forth in this Agreement, each of the Banks severally agrees to lend to the Borrower, and the Borrower may borrow (and repay and reborrow) from time to time between the Closing Date and the Maturity Date, upon notice by the Borrower to the Agent given in accordance with Section 2.6, such sums as are requested by the Borrower for the purposes set forth in Section 2.9 (but subject to the limitations set forth in Section 2.9) up to a maximum aggregate principal amount outstanding (after giving effect to all amounts requested) at any one time equal to such Bank's Commitment; provided, that, in all events no Default or Event of Default shall have occurred and be continuing and the Borrower's financial statements as required pursuant to Section 2.6(iii) shall demonstrate compliance with all covenants set forth therein; and provided, further, that the outstanding principal amount of the Loans (after giving effect to all amounts requested) shall not at any time exceed the Total Commitment. The Loans shall be made pro rata in accordance with each Bank's Commitment Percentage. Each request for a Loan hereunder shall constitute a representation and warranty by the Borrower that all of the conditions set forth in Section 10 and Section 11, in the case of the initial Loan, and Section 11, in the case of all other Loans, have been satisfied on the date of such request (except as otherwise permitted in Paragraph 4 of the form of Loan Request with respect to warranties and representations). No Bank shall have any obligation to make Loans to the Borrower in the maximum aggregate principal amount outstanding of more than the principal face amount of its Note. Notwithstanding anything herein to the contrary, the Banks shall have no obligation to make Loans to the Borrower in the maximum aggregate principal amount outstanding of more than $750,000,000.00, provided that after BankBoston sells down its present Commitment to $100,000,000.00, the Total Commitment shall be increased up to a maximum of $850,000,000.00 as and when one or more Banks shall acquire from BankBoston all or a portion of the additional Commitment of $100,000,000.00.

Commitment to Lend. Subject to the terms and conditions set forth in this Agreement, each of the Banks severally agrees to lend to the Borrower, and the Borrower may borrow (and but shall not be able to repay and reborrow) from time to time between the Closing Date and the Maturity Date, date two hundred and seventy (270) days following the Closing Date upon notice by the Borrower to the Agent given in accordance with Section 2.62.6 and Section 5.4, such sums as are requested by the Borrower for the purposes set forth in Section 2.9 (but subject 7.11 up to the limitations set forth in Section 2.9lesser of (a) up to a maximum aggregate principal amount outstanding (after giving effect to all amounts requested) at any one time equal to such Bank's CommitmentCommitment and (b) such Bank's Commitment Percentage of the aggregate Designated Collateral Value; provided, that, in all events no Default or Event of Default shall have occurred and be continuing and the Borrower's financial statements as required pursuant to Section 2.6(iii) shall demonstrate compliance with all covenants set forth thereincontinuing; and provided, further, that the outstanding principal amount of the Loans (after giving effect to all amounts requested) shall not at any time exceed the Total Commitment. The Loans shall be made pro rata in accordance with each Bank's Commitment Percentage. Each request for a The Loan hereunder Request shall constitute a representation and warranty by the Borrower that all of the conditions set forth in Section 10 and Section 11, in the case of the initial Loan, and Section 11, in the case of all other Loans, have been satisfied on the date of such request (except as otherwise permitted in Paragraph 4 of the form of Loan Request with respect to warranties and representations). No Bank shall have any obligation to make Loans to the Borrower in the maximum aggregate principal amount outstanding of more than the principal face amount of its Notefunding.

Commitment to Lend. Subject to the terms and conditions set forth in this Agreement, each of the Banks severally agrees to lend to the Borrower, and the Borrower may borrow (and repay and reborrow) from time to time between the Closing Date and the Maturity Date, Advance Termination Date upon notice by the Borrower to the Agent given in accordance with Section 2.6, such sums as are requested by the Borrower for the purposes set forth in Section 2.9 (but subject 7.11 up to the limitations set forth in Section 2.9lesser of (a) up to a maximum aggregate principal amount outstanding (after giving effect to all amounts requested) at any one time equal to such Bank's CommitmentCommitment and (b) such Bank's Commitment Percentage of the difference of (i) the aggregate Designated Collateral Value minus (ii) an amount equal to the aggregate Holdback; provided, that, in all events no Default or Event of Default shall have occurred and be continuing and the Borrower's financial statements as required pursuant to Section 2.6(iii) shall demonstrate compliance with all covenants set forth thereincontinuing; and provided, further, that the outstanding principal amount of the Loans (after giving effect to all amounts requested) shall not at any time exceed the Total Commitment. The Borrower may repay and reborrow from time to time between the Closing Date and the Revolving Credit Termination Date. Notwithstanding anything herein to the contrary, in no event shall the amount of the Loans advanced for purposes permitted under this Agreement, other than the purposes contemplated by Section 5.6, exceed $268,000,000.00, and in no event shall the Borrower be permitted to request Loans after the Revolving Credit Termination Date except for amounts requested pursuant to Section 5.6. The Loans shall be made pro rata in accordance with each Bank's Commitment Percentage. Each request for a The Loan hereunder Request shall constitute a representation and warranty by the Borrower that all of the conditions set forth in Section 10 and Section 11, in the case of the initial Loan, and Section 11, in the case of all other Loans, have been satisfied on the date of such request (except as otherwise permitted in Paragraph 4 of the form of Loan Request with respect to warranties and representations). No Bank shall have any obligation to make Loans to the Borrower in the maximum aggregate principal amount outstanding of more than the principal face amount of its Notefunding.

Commitment to Lend. Subject to the terms and conditions set forth in this Agreement, each of the Banks severally agrees to lend to the Borrower, and the Borrower may borrow (and repay and reborrow) from time to time between the Closing Date and the Revolving Credit Maturity Date, Date upon notice by the Borrower to the Agent given in accordance with Section 2.6, such sums as are requested by the Borrower for the purposes set forth in Section 2.9 (but subject to the limitations set forth in Section 2.9) 7.11 up to a maximum aggregate principal amount outstanding (after giving effect to all amounts requested) at any one time equal to such Bank's CommitmentCommitment minus the portion of such Bank's Commitment allocated to Letter of Credit Exposure; provided, that, in all events no Default or Event of Default shall have occurred and be continuing and the Borrower's pro forma financial statements as required pursuant to Section 2.6(iii) shall demonstrate compliance with all covenants set forth therein; and provided, further, that the sum of outstanding principal amount of the Revolving Loans (after giving effect to all amounts requested) plus Letter of Credit Exposure shall not at any time exceed either (i) the Total CommitmentCommitment or (ii) the Advance Value then in effect. The Revolving Loans shall be made pro rata in accordance with each Bank's Commitment Percentage. Each request for a Revolving Loan hereunder shall constitute a representation and warranty by the Borrower that all of the conditions set forth in Section 10 and Section 11, in the case of the initial Revolving Loan, and Section 11, in the case of all other Revolving Loans, have been satisfied on the date of such request (except as otherwise permitted in Paragraph 4 of the form of Loan Request with respect to warranties and representations). No Bank shall have any obligation to make Loans to the Borrower in the maximum aggregate principal amount outstanding of more than the principal face amount of its Noterequest.

Commitment to Lend. Subject to the terms and conditions set forth in this Agreement, each of the Banks severally agrees to lend to the Borrower, and the Borrower may borrow (and repay and reborrow) from time to time between the Closing Date and the Maturity Date, upon notice by the Borrower to the Agent given in accordance with Section 2.6, such sums as are requested by the Borrower for the purposes set forth in Section 2.9 (but subject to the limitations set forth in Section 2.9) up to a maximum aggregate principal amount outstanding (after giving effect to all amounts requestedrequested and the amount of Letters of Credit outstanding, including Letters of Credit accepted but unpaid) at any one time equal to such Bank's Commitment; provided, that, in all events no Default or Event of Default shall have occurred and be continuing and the Borrower's financial statements as required pursuant to Section 2.6(iii) shall demonstrate compliance with all covenants set forth thereincontinuing; and provided, further, that the outstanding principal amount of the Loans (after giving effect to all amounts requestedrequested and the amount of Letters of Credit outstanding, including Letters of Credit accepted but unpaid) shall not at any time exceed the Total Commitment. The Loans (other than Swing Loans) shall be made pro rata in accordance with each Bank's Commitment Percentage. Each request for a Loan hereunder shall constitute a representation and warranty by the Borrower that all of the conditions set forth in Section 10 and Section 11, in the case of the initial Loan, and Section 11, in the case of all other Loans, have been satisfied on the date of such request (except as otherwise permitted in Paragraph 4 of the form of Loan Request with respect to warranties and representations). No Bank shall have any obligation to make Loans to the Borrower in the maximum aggregate principal amount outstanding of more than the principal face amount of its Note.

Commitment to Lend. Subject to the terms and conditions set forth in this Agreement, each of the Banks Lenders severally agrees to lend to the Borrower, and the Borrower may borrow (and repay and reborrow) from time to time between the Closing Date and the Maturity Date, Date upon notice by the Borrower to the Agent given in accordance with Section 2.6ss.2.6, such sums as are requested by the Borrower for the purposes set forth in Section 2.9 (but subject ss.7.11 up to the limitations set forth in Section 2.9lesser of (a) up to a maximum aggregate principal amount outstanding (after giving effect to all amounts requested) at any one time equal to such BankLender's CommitmentCommitment and (b) such Lender's Commitment Percentage of the Designated Collateral Value; provided, that, in all events no Default or Event of Default shall have occurred and be continuing and the Borrower's financial statements as required pursuant to Section 2.6(iiiss.2.6(iii) shall demonstrate compliance with all covenants set forth therein; and provided, further, that the outstanding principal amount of the Loans (after giving effect to all amounts requested) shall not at any time exceed the Total Commitment. The Loans shall be made mad pro rata in accordance with each BankLender's Commitment Percentage. Each request for a The Loan hereunder Request shall constitute a representation and warranty by the Borrower that all of the conditions set forth in Section 10 ss.10 and Section 11ss.11, in the case of the initial Loan, and Section 11ss.11, in the case of all other Loans, have been satisfied on the date of such request (except as otherwise permitted in Paragraph 4 of the form of Loan Request with respect to warranties and representations). No Bank shall have any obligation to make Loans to the Borrower in the maximum aggregate principal amount outstanding of more than the principal face amount of its Notefunding.

Commitment to Lend. Subject to the terms and conditions set forth in this Agreement, each of the Banks Lenders severally agrees to lend to the BorrowerBorrowers, and the Borrower Borrowers may borrow (and repay and reborrow) from time to time between on any Business Day from (and including) the Initial Closing Date to (and excluding) the Maturity Date, Date upon notice by the Borrower Borrowers to the Administrative Agent given in accordance with Section 2.6, such sums as are requested by the Borrower Borrowers for the purposes set forth in Section 2.9 (but subject to the limitations set forth in Section 2.9) 7.11 up to a maximum aggregate principal amount outstanding (after giving effect to all amounts requested) at any one time equal to such BankLender's CommitmentRevolving Loan Commitment minus the portion of such Lender's Revolving Loan Commitment allocated to Letter of Credit Exposure; providedPROVIDED, that, in all events no Default or Event of Default conditions under Section 10 (if applicable) and under Section 11 shall have occurred and be continuing and the Borrower's financial statements as required pursuant to Section 2.6(iii) shall demonstrate compliance with all covenants set forth thereinbeen satisfied; and providedPROVIDED, furtherFURTHER, that the sum of outstanding principal amount of the Revolving Loans (after giving effect to all amounts requested) PLUS the Letter of Credit Exposure plus the outstanding principal amount of the Term Loans shall not at any time exceed either (i) the Total CommitmentCommitment or (ii) the Borrowing Base Availability. The Revolving Loans shall be made pro rata PRO RATA in accordance with each BankLender's Commitment PercentagePercentage therein. Each request for a Revolving Loan hereunder shall constitute a representation and warranty by the Borrower Borrowers that all of the conditions set forth in Section 10 and Section 11, in the case have been satisfied as of the initial Loan, Initial Closing Date and that all of the conditions set forth in Section 11, in the case of all other Loans, 11 have been satisfied on the date of such request (except as otherwise permitted in Paragraph 4 of the form of Loan Request with respect to warranties and representations). No Bank shall have any obligation to make Loans to the Borrower in the maximum aggregate principal amount outstanding of more than the principal face amount of its Noterequest.

Commitment to Lend. Subject to the terms and conditions set forth in this Agreement, each of the Banks severally agrees to lend to the Borrower, and the Borrower may borrow (and repay and reborrow) from time to time between the Closing Date and the Maturity Date, Date upon notice by the Borrower to the Agent given in accordance with Section 2.6, such sums as are requested by the Borrower for the purposes set forth in Section 2.9 (but subject to the limitations set forth in Section 2.9) 7.11 up to a maximum aggregate principal amount outstanding (after giving effect to all amounts requested) at any one time equal to such Bank's Commitment; provided, PROVIDED, that, in all events no Default or Event of Default shall have occurred and be continuing and the Borrower's financial statements as required pursuant to Section 2.6(iii) shall demonstrate compliance with all covenants set forth thereincontinuing; and providedPROVIDED, furtherFURTHER, that the outstanding principal amount of the Loans (after giving effect to all amounts requested) shall not at any time exceed the Total CommitmentCommitment LESS the amount of the Interest Reserve. The Loans shall be made pro rata PRO RATA in accordance with each Bank's Commitment Percentage. Each request for a Loan hereunder shall constitute a representation and warranty by the Borrower that all of the conditions set forth in Section 10 and Section 11, in the case of the initial Loan, and Section 11, in the case of all other Loans, have been satisfied on the date of such request (except as otherwise permitted in Paragraph 4 of the form of Loan Request with respect to warranties and representations)request. No Bank shall have any obligation to make Loans to the Borrower in the maximum aggregate principal amount outstanding of more than the principal face amount of its Note. Notwithstanding anything herein to the contrary, the Banks shall have no obligation to make Loans to the Borrower in the maximum aggregate principle amount of more than (a) $15,000,000.00 at any time prior to December 31, 2000 and (b) $10,000,000.00 at any time on or after December 31, 2000.