Common use of Revolving Loan Commitments Clause in Contracts

Revolving Loan Commitments. Subject to the terms and conditions of this Agreement and in reliance upon the representations and warranties of Borrowers herein set forth, each Lender severally, and not jointly and severally, agrees to make a portion of its Letter of Credit Commitment available as Revolving Loans to be made to Borrowers from time to time during the period from the Closing Date to but excluding the Maturity Date in an aggregate amount not exceeding such Lender's Pro Rata Share of the aggregate amount of the Revolving Loan Commitments (as hereinafter defined) to be used for the purposes identified in subsection 2.5A. The original amount of the portion of each Lender's Letter of Credit Commitment that is available for the making of Revolving Loans to Borrowers (such Lender's "REVOLVING LOAN COMMITMENT") is set forth opposite its name on Schedule 2.1 annexed hereto and the aggregate original amount of such portions of the Letter of Credit Commitments that are available for the making of Revolving Loans to Borrowers is $10,000,000 (the "REVOLVING LOAN COMMITMENTS"); provided, however, that the Revolving Loan Commitments of Lenders shall be adjusted to give effect to any assignments of the Revolving Loan 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 2.4. Each Lender's Revolving Loan Commitment shall expire on the day before the Maturity Date and all Revolving Loans and all other amounts owed hereunder with respect to the Revolving Loans and the Revolving Loan Commitments shall be paid in full no later than the Maturity Date. Amounts borrowed under this subsection 2.1A may be repaid and reborrowed up to but excluding the Maturity Date. Anything contained in this Agreement to the contrary notwithstanding, in no event shall any Revolving Loan be requested or made if, after giving effect thereto, (i) the aggregate principal amount of all Revolving Loans outstanding would exceed the aggregate Revolving Loan Commitments then in effect or (ii) the aggregate Credit Utilization then in effect would exceed the aggregate Letter of Credit Commitments then in effect.

Revolving Loan Commitments. Subject Each Lender severally agrees, subject to the terms and conditions of this Agreement and in reliance upon the representations and warranties of Borrowers herein limitations set forthforth below, each Lender severally, and not jointly and severally, agrees to make a portion of its Letter of Credit Commitment available as Revolving Loans lend to be made to Borrowers Borrower from time to time during the period from the Closing Date to but excluding the Maturity Revolving Loan Commitment Termination Date in an aggregate amount not exceeding such Lender's its Pro Rata Share of the aggregate amount of the Revolving Loan Commitments (as hereinafter defined) to be used for the purposes identified in subsection 2.5A. The original amount of the portion of each Lender's Letter of Credit ’s Revolving Loan Commitment that is available for the making of Revolving Loans to Borrowers (such Lender's "REVOLVING LOAN COMMITMENT") is set forth opposite its name on Schedule 2.1 annexed hereto and the aggregate original amount of such portions of the Letter of Credit Revolving Loan Commitments that are available for the making of Revolving Loans to Borrowers is $10,000,000 (the "REVOLVING LOAN COMMITMENTS")200,000,000; provided, however, provided that the Revolving Loan Commitments of Lenders shall be adjusted to give effect to any assignments of the Revolving Loan Commitments pursuant to subsection 10.1B 10.1B; and provided, further that the amount of the Revolving Loan Commitments shall be reduced from time to time by the amount of any reductions thereto made pursuant to subsection 2.42.4 or 6.4C and increased from time to time by the amount of any increases thereto made pursuant to subsection 2.1A(iii). Each Lender's ’s Revolving Loan Commitment shall expire on the day before the Maturity Revolving Loan Commitment Termination Date and all Revolving Loans and all other amounts owed hereunder with respect to the Revolving Loans and the Revolving Loan Commitments shall be paid in full no later than that date. Subject to the Maturity Date. Amounts provisions of subsection 2.4A, amounts borrowed under this subsection 2.1A 2.1A(ii) may be repaid and reborrowed up to but excluding the Maturity Revolving Loan Commitment Termination Date. Anything contained in this Agreement to the contrary notwithstanding, in no event shall any the Revolving Loans and the Revolving Loan Commitments shall be requested or made ifsubject to the limitations that, (a) after giving effect theretoto any requested Revolving Loan, no Borrowing Limitation shall be exceeded, and (ib) the aggregate principal amount of all Revolving Loans outstanding would that are Foreign Currency Loans shall not exceed the aggregate Revolving Loan Commitments then in effect or (ii) the aggregate Credit Utilization then in effect would exceed the aggregate Letter Dollar Equivalent of Credit Commitments then in effect$25,000,000.

Revolving Loan Commitments. Subject to and upon the terms and conditions of this Agreement and in reliance upon the representations and warranties of Borrowers herein set forthforth herein, each Revolving Credit Lender severally, and not jointly and severally, severally agrees to make a portion of its Letter of Credit Commitment available as Revolving Loans to be made to Borrowers make, at any time and from time to time during on and after the period from the Closing Restatement Effective Date and prior to but excluding the Maturity Date in an aggregate amount not exceeding such Lender's Pro Rata Share of the aggregate amount of the Revolving Loan Commitments Maturity Date, one or more loans (as hereinafter definedeach, a “Revolving Loan”, and collectively, the “Revolving Loans”) to be used for the purposes identified in subsection 2.5A. The original amount of the portion of each Lender's Letter of Credit Commitment that is available for the making of Borrower, which Revolving Loans to Borrowers (such Lender's "REVOLVING LOAN COMMITMENT"i) is set forth opposite its name on Schedule 2.1 annexed hereto and the aggregate original amount of such portions of the Letter of Credit Commitments that are available for the making of Revolving Loans to Borrowers is $10,000,000 (the "REVOLVING LOAN COMMITMENTS"); provided, however, that the Revolving Loan Commitments of Lenders shall be adjusted to give effect to any assignments of made and maintained in Dollars, (ii) shall be incurred and maintained as, and/or converted into, Base Rate Loans or Eurodollar Loans, (iii) if Eurodollar Loans, shall have such Interest Periods as are selected by the Revolving Loan Commitments Borrower pursuant to subsection 10.1B and shall be reduced from time to time by the amount of any reductions thereto made pursuant to subsection 2.4. Each Lender's Revolving Loan Commitment shall expire on the day before the Maturity Date and all Revolving Loans and all other amounts owed hereunder with respect to the Revolving Loans and the Revolving Loan Commitments shall be paid in full no later than the Maturity Date. Amounts borrowed under this subsection 2.1A Section 1.09, (iv) may be repaid and reborrowed up to but excluding in accordance with the Maturity Date. Anything contained in this Agreement provisions hereof, (v) shall not exceed for any Revolving Credit Lender at any time outstanding that aggregate principal amount which, when added to the contrary notwithstanding, in no event shall any Revolving Loan be requested or made if, after giving effect thereto, sum of (ix) the aggregate principal amount of all other Revolving Loans made by such Lender and then outstanding would exceed and (y) the aggregate product of (A) such Lender’s Revolving Loan Commitments then in effect or Credit Percentage and (iiB) the sum of (1) the aggregate Credit Utilization then in effect would exceed the aggregate amount of all Letter of Credit Commitments Outstandings (exclusive of Unpaid Drawings which are repaid with the proceeds of, and simultaneously with the incurrence of, Revolving Loans) at such time and (2) the aggregate principal amount of all Swingline Loans (exclusive of Swingline Loans which are repaid with the proceeds of, and simultaneously with the incurrence of, the respective incurrence of Revolving Loans) then in effectoutstanding, equals the Revolving Loan Commitment of such Lender at such time, and (vi) shall not exceed for all Lenders at any time outstanding that aggregate principal amount which, when added to the sum of (I) the aggregate amount of all Letter of Credit Outstandings (exclusive of Unpaid Drawings which are repaid with the proceeds of, and simultaneously with the incurrence of, the respective incurrence of Revolving Loans) at such time and (II) the aggregate principal amount of all Swingline Loans (exclusive of Swingline Loans which are repaid with the proceeds of, and simultaneously with the incurrence of, the respective incurrence of Revolving Loans) then outstanding, equals the Total Revolving Loan Commitment at such time; provided that no Revolving Credit Lender shall be under any obligation to make any requested Revolving Loan if immediately prior to or after giving effect to such Revolving Loan, the Senior Secured Leverage Ratio exceeds 2.50 to 1.00.

Revolving Loan Commitments. Subject The Borrower may, upon notice to the terms and conditions of this Agreement and in reliance upon Administrative Agent, terminate the representations and warranties of Borrowers herein set forthAggregate Revolving Loan Commitments, each Lender severally, and not jointly and severally, agrees to make a portion of its Letter of Credit Commitment available as Revolving Loans to be made to Borrowers or from time to time during permanently reduce the period from Aggregate Revolving Loan Commitments; provided that (i) any such notice shall be received by the Closing Date Administrative Agent not later than 11:00 a.m. four Business Days prior to but excluding the Maturity Date date of termination or reduction, (ii) any such partial reduction shall be in an aggregate amount of $10,000,000 or any whole multiple of $5,000,000 in excess thereof, (iii) the Borrower shall not exceeding such Lender's Pro Rata Share of terminate or reduce the aggregate amount of the Aggregate Revolving Loan Commitments if, after giving effect thereto and to any concurrent prepayments hereunder, the Total Revolving Outstandings would exceed the Aggregate Revolving Loan Commitments, and (as hereinafter definediv) if, after giving effect to be used for the purposes identified in subsection 2.5A. The original amount any reduction of the portion of each Lender's Letter of Credit Commitment that is available for Aggregate Revolving Loan Commitments, the making of Revolving Loans to Borrowers (such Lender's "REVOLVING LOAN COMMITMENT") is set forth opposite its name on Schedule 2.1 annexed hereto and the aggregate original amount of such portions of Alternative Currency Sublimit, the Letter of Credit Commitments that are available for Sublimit, or the making Swing Line Sublimit exceeds the amount of Revolving Loans to Borrowers is $10,000,000 (the "REVOLVING LOAN COMMITMENTS"); provided, however, that the Aggregate Revolving Loan Commitments of Lenders Commitments, such Sublimit shall be adjusted to give effect to any assignments of the Revolving Loan Commitments pursuant to subsection 10.1B and shall be automatically reduced from time to time by the amount of such excess. The Administrative Agent will promptly notify the Lenders of any reductions thereto made pursuant to subsection 2.4such notice of termination or reduction of the Aggregate Revolving Loan Commitments. Each Lender's The amount of any such Aggregate Revolving Loan Commitment reduction shall expire on not be applied to the day before Alternative Currency Sublimit or the Maturity Date and all Letter of Credit Sublimit unless otherwise specified by the Borrower. Any reduction of the Aggregate Revolving Loans and all other amounts owed hereunder with respect Loan Commitments shall be applied to the Revolving Loans and Loan Commitment of each Revolving Loan Lender according to its Applicable Revolving Loan Percentage. All fees accrued until the effective date of any termination of the Aggregate Revolving Loan Commitments shall be paid in full no later than on the Maturity Date. Amounts borrowed under this subsection 2.1A may be repaid and reborrowed up to but excluding the Maturity Date. Anything contained in this Agreement to the contrary notwithstanding, in no event shall any Revolving Loan be requested or made if, after giving effect thereto, (i) the aggregate principal amount effective date of all Revolving Loans outstanding would exceed the aggregate Revolving Loan Commitments then in effect or (ii) the aggregate Credit Utilization then in effect would exceed the aggregate Letter of Credit Commitments then in effectsuch termination.

Revolving Loan Commitments. Subject Each Lender severally agrees, subject to the terms and conditions of this Agreement and in reliance upon the representations and warranties of Borrowers herein limitations set forthforth below, each Lender severally, and not jointly and severally, agrees to make a portion of its Letter of Credit Commitment available as Revolving Loans lend to be made to Borrowers Borrower from time to time during the period from the Closing Date to but excluding the Maturity Revolving Loan Commitment Termination Date in an aggregate amount not exceeding such Lender's its Pro Rata Share of the aggregate amount of the Revolving Loan Commitments (as hereinafter defined) to be used for the purposes identified in subsection 2.5A. The original amount of the portion of each Lender's Letter of Credit ’s Revolving Loan Commitment that is available for the making of Revolving Loans to Borrowers (such Lender's "REVOLVING LOAN COMMITMENT") is set forth opposite its name on Schedule 2.1 annexed hereto and the aggregate original amount of such portions of the Letter of Credit Revolving Loan Commitments that are available for the making of Revolving Loans to Borrowers is $10,000,000 (the "REVOLVING LOAN COMMITMENTS")250,000,000; provided, however, provided that the Revolving Loan Commitments of Lenders shall be adjusted to give effect to any assignments of the Revolving Loan Commitments pursuant to subsection 10.1B 10.1B; and provided, further that the amount of the Revolving Loan Commitments shall be reduced from time to time by the amount of any reductions thereto made pursuant to subsection 2.42.4 or 6.4C and increased from time to time by the amount of any increases thereto made pursuant to subsection 2.1A(iii). Each Lender's ’s Revolving Loan Commitment shall expire on the day before the Maturity Revolving Loan Commitment Termination Date and all Revolving Loans and all other amounts owed hereunder with respect to the Revolving Loans and the Revolving Loan Commitments shall be paid in full no later than that date. Subject to the Maturity Date. Amounts provisions of subsection 2.4A, amounts borrowed under this subsection 2.1A 2.1A(ii) may be repaid and reborrowed up to but excluding the Maturity Revolving Loan Commitment Termination Date. Anything contained in this Agreement to the contrary notwithstanding, in no event shall any the Revolving Loans and the Revolving Loan Commitments shall be requested or made ifsubject to the limitations that, (a) after giving effect theretoto any requested Revolving Loan, no Borrowing Limitation shall be exceeded, and (ib) the aggregate principal amount of all Revolving Loans outstanding would that are Foreign Currency Loans shall not exceed the aggregate Dollar Equivalent of $25,000,000. (iii) “Additional Revolving Loan Commitments.” Provided that each Lender has consented to this Agreement: at any time, so long as no Event of Default or Potential Event of Default has occurred and is continuing and the Consolidated Borrowing Base is not less than the Revolving Loan Commitments after giving effect to the proposed increase, Borrower may, by notice to the Agent, request that, on the terms and subject to the conditions contained in this Agreement, the Lenders and/or other financial institutions not then a party to this Agreement that are approved by the Agent (which approval shall not be unreasonably withheld) provide additional Revolving Loan Commitments; provided that (1) such additional Revolving Loan Commitments shall not exceed an aggregate amount of $75,000,000 and (2) Company shall deliver to Agent an Officer's Certificate (a) detailing all Indebtedness (including, without limitation, Indebtedness under this Agreement) which Company has classified as being incurred pursuant to clause (1) of paragraph (b) of Section 4.03 of the Senior Subordinated Note Indenture, (b) specifying the manner in effect which Company intends to classify the increase in Indebtedness being requested by Company pursuant to this subsection 2.1A(iii), which classification shall be satisfactory in form and substance to Agent, and (c) covenanting that, upon approval by Agent of any such classification, Company will not thereafter change the classification of any such item of Indebtedness under this Agreement without the prior approval of Agent. Upon receipt of such notice, Agent shall use commercially reasonable efforts to arrange for the Lenders or other financial institutions acceptable to Agent to provide such additional Revolving Loan Commitments. Nothing contained in this subsection 2.1A(iii) or otherwise in this Agreement is intended to commit any Lender or Agent to provide any portion of any such additional Revolving Loan Commitments. If and to the extent that any Lenders and/or other financial institutions agree, in their sole discretion, to provide any such additional Revolving Loan Commitments, (iia) any such financial institution not then a party to this Agreement shall execute a counterpart signature page to this Agreement and deliver originally executed copies of such signature page to Borrower and Agent, (b) the aggregate Credit Utilization then Revolving Loan Commitment amount shall be increased by the amount of the additional Revolving Loan Commitments agreed to be so provided, (c) the Pro Rata Shares of the respective Lenders in effect would exceed respect of the aggregate Letter Revolving Loan Commitments shall be proportionally adjusted, (d) at such time and in such manner as Borrower and Agent shall agree (it being understood that Borrower and Agent will use all commercially reasonable efforts to avoid the prepayment or assignment of any Eurodollar Rate Loan on a day other than the last day of the Interest Period applicable thereto), the Lenders shall assign and assume outstanding Revolving Loans and participations in outstanding Letters of Credit so as to cause the amount of such Revolving Loans and participations in Letters of Credit held by each Lender to conform to the respective percentages of the applicable Revolving Loan Commitments then in effect.of the Lenders and (e) Borrower shall execute and deliver any additional Notes or other amendments or modifications to this Agreement or any other Loan Document as Agent may reasonably request. (iv)

Revolving Loan Commitments. (i) Subject to the terms and conditions of this Agreement and in reliance upon the representations and warranties of Borrowers herein set forththe Loan Parties contained herein, each Lender severally, with a Revolving Loan Commitment severally and not jointly and severally, agrees to make loans (each such loan, a portion of its Letter of Credit Commitment available as “Revolving Loans Loan” and collectively, the “Revolving Loans”) in Dollars to be made to Borrowers from time to time Borrower on any Business Day during the period from the Closing Revolving Credit Facility Activation Date to but excluding not including the Maturity Date Revolving Loan Commitment Termination Date, in an aggregate amount not exceeding to exceed at any time outstanding such Lender's Pro Rata Share ’s Revolving Loan Commitment; provided, however, that, after giving effect to any advance of Revolving Loans, the aggregate principal amount of all outstanding Revolving Loans shall not exceed the Maximum Revolving Loan Balance. Subject to the other terms and conditions hereof, amounts borrowed under this Section 2.1(b) may be repaid and reborrowed from time to time. The “Maximum Revolving Loan Balance” from time to time will be the lesser of: (x) the Borrowing Base (as calculated pursuant to the most recent Borrowing Base Certificate required to be delivered by Borrower to Agent) in effect from time to time, or (y) the aggregate amount of the Revolving Loan Commitments (as hereinafter defined) to be used for the purposes identified then in subsection 2.5A. The original amount of the portion of effect, in each Lender's Letter of Credit Commitment that is available for the making of Revolving Loans to Borrowers (such Lender's "REVOLVING LOAN COMMITMENT") is set forth opposite case less those Reserves imposed by Agent in its name on Schedule 2.1 annexed hereto and the aggregate original amount of such portions of the Letter of Credit Commitments that are available for the making of Revolving Loans to Borrowers is $10,000,000 (the "REVOLVING LOAN COMMITMENTS"); providedPermitted Discretion. Agent, howeverin its Permitted Discretion, that the Revolving Loan Commitments of Lenders shall be adjusted to give effect to any assignments of the Revolving Loan Commitments pursuant to subsection 10.1B and shall be reduced may from time to time time, based upon an audit of the Accounts and upon no less than thirty (30) days’ prior written notice thereof, adjust the Borrowing Base by the amount of any reductions thereto made pursuant applying percentages (known as “liquidity factors”) to subsection 2.4. Each Lender's Revolving Loan Commitment shall expire on the day before the Maturity Date Eligible Accounts by payor class based upon Borrower’s actual recent collection history for each such payor class in a manner consistent with Agent’s underwriting practices and all Revolving Loans and all other amounts owed hereunder with respect to the Revolving Loans and the Revolving Loan Commitments shall be paid in full no later than the Maturity Date. Amounts borrowed under this subsection 2.1A may be repaid and reborrowed up to but excluding the Maturity Date. Anything contained in this Agreement to the contrary notwithstanding, in no event shall any Revolving Loan be requested or made if, after giving effect thereto, (i) the aggregate principal amount of all Revolving Loans outstanding would exceed the aggregate Revolving Loan Commitments then in effect or (ii) the aggregate Credit Utilization then in effect would exceed the aggregate Letter of Credit Commitments then in effectprocedures.