Common use of Term Loan Commitment Clause in Contracts

Term Loan Commitment. Provided there does not then exist a Default or an Event of Default, subject to the provisions of Section 5 below, and subject to the other provisions and conditions of this Agreement, Lender shall advance to Borrower before the Term Loan Termination Date on a non-revolving credit basis (such advances are herein referred to, collectively, as the "Term Loan"), up to an aggregate amount (the "Term Loan Commitment") not at any time to exceed the “Applicable TL Commitment Amount” (hereinafter defined) or such lesser amount as may be specified by Borrower pursuant to subsection 2.2(E). As used in this subsection, the term “Applicable TL Commitment Amount” means, as of any time of determination, the amount set forth below for the period of time that includes the time of determination: Time Period Applicable TL Commitment Amount from the date of this Agreement and until September 19, 2007 $25,000,000.00 at September 19, 2007 and until September 19, 2008 $24,000,000.00 at September 19, 2008 and until September 19, 2009 $21,500,000.00 at September 19, 2009 and until September 19, 2010 $19,000,000.00 at September 19, 2010 and until the Term Loan Termination Date $16,500,000.00 At any time that the principal balance outstanding under the Term Loan is in excess of the Term Loan Commitment, the Borrower shall immediately repay the full and entire amount of such excess, which principal shall be applied to the principal balance outstanding under the Term Loan. The entire principal balance outstanding under the Term Loan shall be due and payable in full on the Term Loan Termination Date. The Term Loan constitutes a non-revolving line of credit, meaning that the Borrower shall have no right to have principal amounts that have been repaid on the Term Loan readvanced at any time under the Term Loan. Each advance to Borrower under this subsection 2.1 shall be in integral multiples of $100,000.00, subject to subsection 2.8 regarding LIBOR Rate Advances. The Term Loan made by Lender to Borrower under this subsection 2.1 shall be evidenced by a promissory note of even date herewith in the form attached hereto as Exhibit A (the "Term Note") with the blanks appropriately completed. The unpaid balance of the Term Loan shall bear interest and shall be due and payable as provided in this Agreement and the Term Note. Payments to be made by Borrower under the Term Note shall be made at the times, in the amount and upon the terms set forth herein and therein. The Liabilities evidenced by the Term Note shall be due and payable in full on the Term Loan Termination Date, unless they are due and payable sooner as otherwise provided in this Agreement.

Term Loan Commitment. Provided there does not then exist a Subject to the terms and conditions set forth in this Agreement and so long as no Default or an Event of DefaultDefault has occurred and is continuing, subject to Lender agrees, on the provisions of Section 5 below, and subject to the other provisions terms and conditions of set forth in this Agreement, Lender shall advance to Borrower before make a term loan to XxXxxxx Properties in the Term Loan Termination Date on a non-revolving credit basis aggregate principal amount of up to $6,400,000.00 (such advances are herein referred to, collectively, as the "Term Loan"), up to an aggregate amount (the ". The Term Loan Commitment") not at any may be funded in multiple advances from time to exceed the “Applicable TL Commitment Amount” (hereinafter defined) or such lesser amount as may be specified by Borrower pursuant to subsection 2.2(E). As used in this subsection, the term “Applicable TL Commitment Amount” means, as of any time of determination, the amount set forth below for during the period of time that includes the time of determination: Time Period Applicable TL Commitment Amount from commencing on the date of this Agreement and until September 19ending October 31, 2007 $25,000,000.00 at September 192002 (the "Term Loan Advance Period"); provided, 2007 and until September 19however, 2008 $24,000,000.00 at September 19, 2008 and until September 19, 2009 $21,500,000.00 at September 19, 2009 and until September 19, 2010 $19,000,000.00 at September 19, 2010 and until that the maximum aggregate principal amount of all advances on the Term Loan Termination Date shall not exceed $16,500,000.00 At any time that the principal balance outstanding under 6,400,000.00. No advances may be made on the Term Loan is in excess after the last day of the Term Loan Commitment, Advance Period. No principal repaid during the Borrower shall immediately repay the full and entire amount term of such excess, which principal shall be applied to the principal balance outstanding under the Term Loan. The entire principal balance outstanding under the Term Loan may be reborrowed. The Term Loan shall be mature on October 31, 2009 (on which date all unpaid principal and all accrued and unpaid interest shall become due and payable in full payable). Principal on the Term Loan Termination Date. The Term Loan constitutes a non-revolving line of credit, meaning that the Borrower shall have no right to have principal amounts that have been repaid on the Term Loan readvanced at any time under the Term Loan. Each advance to Borrower under this subsection 2.1 shall be in integral multiples of $100,000.00, subject to subsection 2.8 regarding LIBOR Rate Advances. The Term Loan made by Lender to Borrower under this subsection 2.1 shall be evidenced by a promissory note of even date herewith in the form attached hereto as Exhibit A (the "Term Note") with the blanks appropriately completed. The unpaid balance of the Term Loan shall bear interest and shall be due and payable as provided in this Agreement and the Term Note. Payments to be made by Borrower under the Term Note shall be made at the times, in the amount and upon the terms set forth herein and therein. The Liabilities evidenced by the Term Note shall be due and payable in full eighty-four (84) consecutive monthly installments as follows: eighty-three (83) consecutive monthly installments each in an amount equal to one three-hundredth (1/300th) of the outstanding principal balance of the Term Loan on October 31, 2002, due and payable on the first (1st) day of each month commencing December 1, 2002, with the eighty-fourth (84) and final installment in the amount of the then outstanding and unpaid principal balance of the Term Loan due and payable on October 31, 2009. All principal payments and prepayments on the Term Loan Termination Dateshall, unless they are due otherwise directed by XxXxxxx Properties in writing at or prior to the time of such payment or prepayment, be applied first to that portion of the Term Loan, if any, accruing interest based on the Adjusted Prime Rate and payable sooner as otherwise provided then to those portions of the Term Loan, if any, accruing interest based on the LIBOR Rate (and among those portions of the Term Loan, if any, accruing interest based on the LIBOR Rate, being applied to the Interest Periods in the order of their respective expiration dates (i.e. earliest expiration date first)). Subject to the terms and conditions set forth in this Agreement, Lender will make advances on the Term Loan at any time and from time to time during the Term Loan Advance Period, upon timely prior written notice ("Term Loan Advance Notice") from XxXxxxx Properties to Lender specifying (a) the desired amount of the advance and (b) the date on which the proceeds of such advance are to be made available to XxXxxxx Properties, which must be a Business Day. Such Term Loan Advance Notice shall be in the form of the notice attached hereto as Exhibit H and shall be accompanied by supporting documentation acceptable to Lender evidencing XxXxxxx Properties' intended use of such funds for the purposes set forth in Section 5.03 of this Agreement. Each Term Loan Advance Notice must be received by Lender at least three (3) Business Days before the date on which the applicable advance is to be made. Subject to the terms and conditions of this Agreement, provided that Lender has received the Term Loan Advance Notice, Lender shall (unless Lender determines that any applicable condition specified in Section 3 has not been satisfied) make the applicable advance to XxXxxxx Properties by crediting the amount of such advance to a demand deposit account of XxXxxxx Properties at Lender specified by XxXxxxx Properties (or such other account mutually agreed upon in writing between Lender and XxXxxxx Properties) not later than 4:00 p.m. (St. Louis time) on the Business Day specified in said Term Loan Advance Notice. XxXxxxx Properties hereby irrevocably authorizes Lender to rely on telephonic, telegraphic, telecopy, telex or written instructions of any individual identifying himself or herself as one of the individuals listed on Schedule 2.04 attached hereto (or any other individual from time to time authorized to act on behalf of XxXxxxx Properties pursuant to a resolution adopted by the Board of Directors of XxXxxxx Properties and certified by the Secretary of XxXxxxx Properties and delivered to Lender) with respect to any request to make an advance on the Term Loan or a repayment under this Agreement, and on any signature which Lender believes to be genuine, and XxXxxxx Properties shall be bound thereby in the same manner as if such individual were actually authorized or such signature were genuine. XxXxxxx Properties also hereby agrees to defend and indemnify Lender and hold Lender harmless from and against any and all claims, demands, damages, liabilities, losses and reasonable costs and expenses (including, without limitation, reasonable attorneys' fees and expenses) relating to or arising out of or in connection with the acceptance of instructions for making advances on the Term Loan or repayments under this Agreement.

Term Loan Commitment. Provided there does not then exist a Default or an Event of Default, subject Subject to the provisions of Section 5 belowterms and conditions hereof and in reliance upon the representations and warranties set forth herein, and subject each Lender severally made available to the other provisions and conditions of this AgreementBorrower on May 22, Lender shall advance to Borrower before the 2001 such Lender's Term Loan Termination Date on Commitment Percentage of a nonterm loan in Dollars in the aggregate principal amount of TWO-revolving credit basis HUNDRED MILLION DOLLARS ($200,000,000.00) (as such advances are herein referred toterm loan may be increased pursuant to Section 2.4(f), collectively, as the "Term Loan"), up to an aggregate amount (the "Term Loan Commitment") not at any time to exceed the “Applicable TL Commitment Amount” (hereinafter defined) or such lesser amount as may be specified by Borrower pursuant to subsection 2.2(E). As used in this subsection, the term “Applicable TL Commitment Amount” means, as of any time of determination, the amount set forth below for the period of time that includes the time of determination: Time Period Applicable TL Commitment Amount from the date of this Agreement and until September 19, 2007 $25,000,000.00 at September 19, 2007 and until September 19, 2008 $24,000,000.00 at September 19, 2008 and until September 19, 2009 $21,500,000.00 at September 19, 2009 and until September 19, 2010 $19,000,000.00 at September 19, 2010 and until the Term Loan Termination Date $16,500,000.00 At any time that the principal balance outstanding under the Term Loan is in excess of the Term Loan Commitment, the Borrower shall immediately repay the full and entire amount of such excess, which principal shall be applied to the principal balance outstanding under the Term Loan. The entire principal balance outstanding under the Term Loan shall be due and payable in full on the Term Loan Termination Date. The Term Loan constitutes may consist of Base Rate Loans or Eurodollar Loans, or a non-revolving line of creditcombination thereof, meaning that as the Borrower may request; provided, however, that no more than 8 Eurodollar Loans shall have no right be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to have principal amounts that have been constitute a new Eurodollar Loan with a single Interest Period). Amounts repaid on the Term Loan readvanced at any time under may not be reborrowed. Notwithstanding the Term Loan. Each advance foregoing, in order to Borrower under this subsection 2.1 shall be in integral multiples of $100,000.00, subject to subsection 2.8 regarding LIBOR Rate Advances. The Term Loan made by Lender to Borrower under this subsection 2.1 shall be evidenced by a promissory note of even date herewith in the form attached hereto as Exhibit A (the "Term Note") with the blanks appropriately completed. The unpaid balance of simplify administrative issues and most efficiently re-allocate the Term Loan shall bear interest among Lenders according to their Term Loan Commitments as of the Closing Date, the $200,000,000 Term Loan funded on May 22, 2001 may be repaid by the Borrower on or before the Closing Date and shall be due and payable as provided in this Agreement and re-advanced to the Term NoteBorrower within three (3) Business Days of the Closing Date. Payments to be made by Borrower under the Term Note shall be made at the timesAccordingly, in the amount and upon event the terms set forth herein and therein. The Liabilities evidenced $200,000,000 Term Loan funded on May 22, 2001 is in fact repaid by the Term Note shall be due and payable in full Borrower on or before the Closing Date, each Lender severally agrees to make available to the Borrower on the Closing Date such Lender's Term Loan Termination DateCommitment Percentage of a new Term Loan in the aggregate principal amount of $200,000,000.00 (and, unless they are due and payable sooner as otherwise provided in this Agreementif applicable, to fund its Incremental Term Loan Commitment, if any, pursuant to Section 2.4(f)).

Term Loan Commitment. Provided there does not then exist a Default or an Event of Default, subject Subject to the provisions of Section 5 belowterms and conditions hereof, and subject in reliance upon the representations and warranties set forth herein, the Borrower may from time to time request Term Loans prior to the other provisions and conditions of this AgreementMaturity Date in amounts which do not exceed (i) in the aggregate, Lender shall advance to Borrower before the Term Loan Termination Date Commitments of the Lenders, (ii) at the time of any Extension of Credit under such Term Loan Commitments, the Term Loan Commitments of the Lenders then in effect on a non-revolving credit basis such date, and (such advances are herein referred to, collectively, as iii) the "Term Loan"), up to an aggregate amount (available in the "Escrow Account, for the purposes hereinafter set forth, and each Lender holding a Term Loan Commitment") Commitment agrees, severally, in accordance with its Term Loan Commitment Percentage, and not at any time jointly, that amounts released from the Escrow Account to exceed the “Applicable TL Commitment Amount” (hereinafter defined) or such lesser amount as may be specified by Borrower pursuant to subsection 2.2(E). As used in this subsectionparagraph (c) below shall be deemed to be term loans (each, a “Term Loan”) extended to the term “Applicable TL Commitment Amount” means, Borrower (through the Administrative Agent) as of any time of determination, the amount set forth below for the period of time that includes the time of determination: Time Period Applicable TL Commitment Amount from the date of this Agreement and until September 19, 2007 $25,000,000.00 at September 19, 2007 and until September 19, 2008 $24,000,000.00 at September 19, 2008 and until September 19, 2009 $21,500,000.00 at September 19, 2009 and until September 19, 2010 $19,000,000.00 at September 19, 2010 and until such release. The amount of the aggregate Term Loan Termination Commitments of the Lenders will be reduced dollar-for-dollar by the amount of each Extension of Credit (including by the amount of the Closing Date $16,500,000.00 At any time that the principal balance outstanding under the Term Loan is in excess Loan) made hereunder, and each such reduction of the Term Loan Commitment, the Borrower shall immediately repay the full and entire amount of such excess, which principal Commitments shall be applied made pro rata across all Term Loan Commitments of the Lenders according to the principal balance outstanding under the Term Loan. The entire principal balance outstanding under the respective Term Loan Commitment Percentages of the Lenders. Any remaining Term Loan Commitment shall be due and payable in full terminated on the Maturity Date. Amounts repaid or prepaid on the Term Loan Termination Date. The Term Loan constitutes a non-revolving line of credit, meaning that the Borrower shall have no right to have principal amounts that have been repaid on the Term Loan readvanced at any time under the Term Loan. Each advance to Borrower under this subsection 2.1 shall Loans may not be in integral multiples of $100,000.00, subject to subsection 2.8 regarding LIBOR Rate Advances. The Term Loan made by Lender to Borrower under this subsection 2.1 shall be evidenced by a promissory note of even date herewith in the form attached hereto as Exhibit A (the "Term Note") with the blanks appropriately completed. The unpaid balance of the Term Loan shall bear interest and shall be due and payable as provided in this Agreement and the Term Note. Payments to be made by Borrower under the Term Note shall be made at the times, in the amount and upon the terms set forth herein and therein. The Liabilities evidenced by the Term Note shall be due and payable in full on the Term Loan Termination Date, unless they are due and payable sooner as otherwise provided in this Agreementreborrowed.

Term Loan Commitment. Provided there does not then exist a Default On or an Event of Defaultno later than the second Business Day following the Effective Date, subject the Borrower shall give written notice to the provisions Administrative Agent (which may be transmitted by telecopier), substantially in the form of Section 5 belowExhibit D hereto, (the "Effective Date Borrowing Notice") stating that the conditions precedent set forth in Article III of this Agreement have been satisfied and subject requesting Revolving Credit Loans and/or Term Loans, by specifying the principal amount of the Revolving Credit Loans and Term Loans to be outstanding under the Agreement immediately following such borrowings. Upon receipt of the Effective Date Borrowing Notice, the Administrative Agent shall promptly notify each Bank thereof. Each of the Banks shall make (i) a Revolving Credit Loan to the other provisions Borrower in a principal amount equal to the lesser of such Bank's Revolving Credit Commitment and conditions such Bank's Revolving Credit Percentage of this Agreement, Lender shall advance to Borrower before the Term Loan Termination principal amount of Revolving Credit Loans specified in the Effective Date on Borrowing Notice and (ii) a non-revolving credit basis loan (such advances are herein referred to, collectively, as the a "Term Loan"), up ) to an aggregate the Borrower in a principal amount (equal to the "lesser of such Bank's Term Loan CommitmentCommitment and such Bank's Percentage of the principal amount of Term Loans specified in the Effective Date Borrowing Notice; provided that to the extent that a Bank has outstanding ") not at any time Revolving Credit Loans", as defined in the Existing Credit Agreement, the principal amount of the Loans to exceed the “Applicable TL Commitment Amount” (hereinafter defined) or such lesser amount as may be specified funded by Borrower each Bank pursuant to subsection 2.2(E)the Effective Date Borrowing Notice shall be correspondingly reduced. As used If the Effective Date Borrowing Notice is given prior to 12:00 noon (Houston, Texas time) on any Business Day, each Bank shall fund its obligation in this subsectionrespect of the Loans requested therein on such Business Day; provided that if the Effective Date Borrowing Notice is given after 12:00 noon (Houston, Texas time) on any Business Day, each Bank shall fund its obligation in respect of the term “Applicable TL Commitment Amount” meansLoans requested therein on the next succeeding Business Day. By not later than 2:00 p.m. (Houston, as of any time of determinationTexas time) on the borrowing date, each Bank shall make available to the Administrative Agent, at its address referred to in Section 10.3, in immediately available funds, the amount of the Loans to be funded by such Bank. After (and subject to) the Administrative Agent's receipt of such funds and upon satisfaction of the applicable conditions set forth below in Article III, the Administrative Agent shall make such Loans available to the Borrower by transferring the amount thereof in immediately available funds for credit to an account (other than a payroll account) maintained by the period of time that includes Borrower at the time of determination: Time Period Applicable TL Commitment Amount from Administrative Agent, or otherwise as directed by the date of this Agreement and until September 19, 2007 $25,000,000.00 at September 19, 2007 and until September 19, 2008 $24,000,000.00 at September 19, 2008 and until September 19, 2009 $21,500,000.00 at September 19, 2009 and until September 19, 2010 $19,000,000.00 at September 19, 2010 and until the Borrower. The Effective Date Borrowing Notice shall be irrevocable. The Term Loan Termination Date $16,500,000.00 At any time that Commitment of the principal balance outstanding under Banks to make Term Loans to the Term Loan is in excess Borrower shall terminate upon the earlier to occur of (i) the making of the Term Loan Commitmenton the date provided for in the Effective Date Borrowing Notice and (ii) the close of business on the sixth Business Day following the Effective Date. No amounts repaid or prepaid on any Term Loan may be reborrowed. The Term Loans shall initially be made as Base Rate Loans. Thereafter, as provided in Section 2.3(c), the Borrower shall immediately repay the full and entire amount of such excess, which principal shall be applied to the principal balance outstanding under may elect that the Term Loan. The entire principal balance Loans be outstanding under the Term Loan shall be due and payable in full on the Term Loan Termination Date. The Term Loan constitutes a non-revolving line of credit, meaning that the Borrower shall have no right to have principal amounts that have been repaid on the Term Loan readvanced at any time under the Term Loan. Each advance to Borrower under this subsection 2.1 shall be in integral multiples of $100,000.00, subject to subsection 2.8 regarding as Base Rate Loans or LIBOR Rate Advances. The Term Loan made by Lender to Borrower under this subsection 2.1 shall be evidenced by a promissory note of even date herewith in the form attached hereto as Exhibit A (the "Term Note") with the blanks appropriately completed. The unpaid balance of the Term Loan shall bear interest and shall be due and payable as provided in this Agreement and the Term Note. Payments to be made by Borrower under the Term Note shall be made at the times, in the amount and upon the terms set forth herein and therein. The Liabilities evidenced by the Term Note shall be due and payable in full on the Term Loan Termination Date, unless they are due and payable sooner as otherwise provided in this AgreementBase Loans.

Term Loan Commitment. Provided there does not (i) With respect to each repayment of Term Loans required by this Section 4.02, the Borrowers may designate the Types of Term Loans of the respective Tranche which are to be repaid and, in the case of Eurodollar Loans, the specific Borrowing or Borrowings pursuant to which made, provided that: (i) repayments of Eurodollar Loans pursuant to this Section 4.02 shall be made on the last day of an Interest Period applicable thereto unless all Eurodollar Loans with Interest Periods ending on such date of required repayment and all Base Rate Loans have been paid in full; (ii) if any repayment of Eurodollar Loans made pursuant to a single Borrowing shall reduce the outstanding Eurodollar Loans made pursuant to such Borrowing to an amount less than the Minimum Borrowing Amount applicable thereto, such Borrowing shall be converted at the end of the then exist current Interest Period into a Default or an Event Borrowing of DefaultBase Rate Loans; and (iii) each repayment of Term Loans made pursuant to a Borrowing shall be applied pro rata among such Term Loans of all Lenders. In the absence of a designation by the Borrowers as described in the preceding sentence, the Administrative Agent shall, subject to the above, make such designation in its sole discretion. Notwithstanding the foregoing provisions of this Section 5 below4.02 (other than Sections 4.02(a), (b) and subject (c), which Sections shall not have the benefits of this sentence), if at any time the mandatory repayment of Loans pursuant to this Section 4.02 would result, after giving effect to the procedures set forth above in this clause (j), in the Borrowers incurring breakage costs under Section 1.11 as a result of Eurodollar Loans being repaid other provisions and conditions than on the last day of this Agreementan Interest Period applicable hereto (any such Eurodollar Loans, Lender shall advance to Borrower before the Term Loan Termination Date on a non-revolving credit basis (such advances are herein referred to, collectively, as the "Term LoanAffected Loans"), up the Borrowers may elect, by written notice to the Administrative Agent, to have the provisions of the following sentence be applicable so long as no Default or Event of Default then exists. At the time any Affected Loans are otherwise required to be prepaid, the Borrowers may elect to deposit 100% (or such lesser percentage elected by the Borrowers as not being repaid) of the principal amounts that otherwise would have been paid in respect of the Affected Loans with the Administrative Agent to be held as security for the obligations of the Borrowers hereunder pursuant to a cash collateral agreement to be entered into in form and substance satisfactory to the Administrative Agent, with such cash collateral to be released from such cash collateral account (and applied to repay the principal amount of such Eurodollar Loans) upon each occurrence thereafter of the last day of an aggregate Interest Period applicable to such Eurodollar Loans (or such earlier date or dates as shall be requested by the Borrowers, with the amount to be so released and applied on the last day of each Interest Period to be the amount of such Eurodollar Loans to which such Interest Period applies (or, if less, the "Term Loan Commitment") not amount remaining in such cash collateral account); provided, however, that at any time to exceed the “Applicable TL Commitment Amount” (hereinafter defined) or such lesser amount as may be specified by Borrower pursuant to subsection 2.2(E). As used in this subsectionwhile an Event of Default has occurred and is continuing, the term “Applicable TL Commitment Amount” meansRequired Lenders may direct the Administrative Agent (in which case the Administrative Agent shall, as of and is hereby authorized by the Borrowers to, follow said directions) to apply any time of determination, or all proceeds then on deposit in such collateral account to the amount set forth below for the period of time that includes the time of determination: Time Period Applicable TL Commitment Amount from the date of this Agreement and until September 19, 2007 $25,000,000.00 at September 19, 2007 and until September 19, 2008 $24,000,000.00 at September 19, 2008 and until September 19, 2009 $21,500,000.00 at September 19, 2009 and until September 19, 2010 $19,000,000.00 at September 19, 2010 and until the Term Loan Termination Date $16,500,000.00 At any time that the principal balance outstanding under the Term Loan is in excess of the Term Loan Commitment, the Borrower shall immediately repay the full and entire amount payment of such excess, which principal shall be applied to the principal balance outstanding under the Term Loan. The entire principal balance outstanding under the Term Loan shall be due and payable in full on the Term Loan Termination Date. The Term Loan constitutes a non-revolving line of credit, meaning that the Borrower shall have no right to have principal amounts that have been repaid on the Term Loan readvanced at any time under the Term Loan. Each advance to Borrower under this subsection 2.1 shall be in integral multiples of $100,000.00, subject to subsection 2.8 regarding LIBOR Rate Advances. The Term Loan made by Lender to Borrower under this subsection 2.1 shall be evidenced by a promissory note of even date herewith in the form attached hereto as Exhibit A (the "Term Note") with the blanks appropriately completed. The unpaid balance of the Term Loan shall bear interest and shall be due and payable as provided in this Agreement and the Term Note. Payments to be made by Borrower under the Term Note shall be made at the times, in the amount and upon the terms set forth herein and therein. The Liabilities evidenced by the Term Note shall be due and payable in full on the Term Loan Termination Date, unless they are due and payable sooner as otherwise provided in this AgreementAffected Loans.

Term Loan Commitment. Provided there does not then exist a Default or an Event of Default, subject to On the provisions of Section 5 below, and subject to the other provisions and conditions of this Agreement, Lender shall advance to Borrower before the Term Revolving Loan -------------------- Commitment Termination Date on (unless such date shall occur as a non-revolving credit basis result of clause ------ (c) of the definition thereof), each Lender will make one term loan (relative to --- such advances are herein referred to, collectively, as the Lender its "Term Loan"), up ) to an aggregate amount (the Borrower equal to the lesser of its --------- Revolving Loan and its Percentage of the Term Loan Commitment Amount. The Commitment of each Lender described in this Section 2.1.2 is herein referred to ------------- as its "Term Loan Commitment") not at any time . No amounts paid or prepaid with respect to exceed the “Applicable TL Commitment Amount” (hereinafter defined) or such lesser amount as -------------------- Term Loans may be specified by Borrower pursuant to subsection 2.2(E)reborrowed. As used in this subsection, LIBO Rate Loans for which the term “Applicable TL Commitment Amount” means, Interest Period shall not have terminated as of any time of determination, the amount set forth below Revolving Loan Commitment Termination Date shall be continued as LIBO Rate Loans for the period of time that includes the time of determination: Time applicable Interest Period Applicable TL Commitment Amount from the date of this Agreement and until September 19, 2007 $25,000,000.00 at September 19, 2007 and until September 19, 2008 $24,000,000.00 at September 19, 2008 and until September 19, 2009 $21,500,000.00 at September 19, 2009 and until September 19, 2010 $19,000,000.00 at September 19, 2010 and until the Term Loan Termination Date $16,500,000.00 At any time that the principal balance outstanding under the Term Loan is in excess of the Term Loan Commitment, the Borrower shall immediately repay the full and entire amount of such excess, which principal Base Rate Loans shall be applied to continued as Base Rate Loans after the principal balance outstanding under the Term Loan. The entire principal balance outstanding under the Term Revolving Loan shall be due and payable in full on the Term Loan Commitment Termination Date. The Term Loan constitutes a non-revolving line of credit, meaning that unless the Borrower shall have no right elected otherwise by delivery of a Continuation/Conversion Notice pursuant to Section 2.4; provided ----------- -------- that such LIBO Rate Loans which shall have principal amounts that have been repaid on the converted to Term Loan readvanced at any time under the Term Loan. Each advance to Borrower under this subsection 2.1 Loans shall be in integral multiples a ---- minimum amount of $100,000.005,000,000 and an integral multiple of $1,000,000. Any principal repayments received on the Revolving Loan Commitment Termination Date for Revolving Loans not converted into Term Loans shall be applied first to Base Rate Loans and, subject after Base Rate Loans have been paid in full, to subsection 2.8 regarding LIBOR LIBO Rate AdvancesLoans, unless the Borrower shall have otherwise instructed the Agent in writing. The Upon a Lender making such Term Loan, its Term Loan made by Lender Commitment shall terminate and it shall have no further Commitment to Borrower under this subsection 2.1 shall be evidenced by a promissory note of even date herewith in the form attached hereto as Exhibit A (the "Term Note") with the blanks appropriately completed. The unpaid balance of the Term Loan shall bear interest and shall be due and payable as provided in this Agreement and the Term Note. Payments to be made by Borrower under the Term Note shall be made at the times, in the amount and upon the terms set forth herein and therein. The Liabilities evidenced by the Term Note shall be due and payable in full on the Term Loan Termination Date, unless they are due and payable sooner as otherwise provided in this Agreementmake Loans.

Term Loan Commitment. Provided there does The Borrower may terminate or reduce the amount of the Revolving Credit Commitments or the Tranche A-2 Term Loan Commitments at any time and from time to time without penalty or premium upon not then exist less than three (3) Business Days prior notice to the Administrative Agent of each such termination or reduction, which notice shall specify the effective date thereof and the amount of any such reduction (which in the case of any partial reduction of the Revolving Credit Commitments or Tranche A-2 Term Loan Commitments shall not be less than $10,000,000 and integral multiples of $1,000,000 in excess of that amount in the aggregate) and shall be irrevocable once given (unless such notice states that it is conditioned upon the effectiveness of other credit facilities or the successful closing of a Default disposition or an Event acquisition or other event, in which case such notice may be revoked by the Borrower if such condition is not satisfied, provided that the Borrower pays to the Administrative Agent and the Lenders any “breakage” charges incurred in connection with such notice in accordance with Section 5.4 hereof) and effective only upon receipt by the Administrative Agent (“Commitment Reduction Notice”); provided, however, the Borrower may not reduce the aggregate amount of Defaultthe Revolving Credit Commitments below $100,000,000 unless the Borrower is terminating the Revolving Credit Commitments in full. Promptly after receipt of a Commitment Reduction Notice the Administrative Agent shall notify each Revolving Credit Lender or Tranche A-2 Term Loan Lender, subject to as applicable, of the proposed termination or commitment reduction. Without limitation of the provisions of Section 5 below2.16, the Revolving Credit Commitments and subject to the other provisions and conditions of this Agreement, Lender shall advance to Borrower before the Tranche A-2 Term Loan Termination Date on Commitments, once reduced or terminated pursuant to this Section, may not be increased or reinstated. In the case of a non-revolving credit basis (such advances are herein referred to, collectively, as termination of the "Term Loan"), up to an aggregate amount (the "Tranche A-2 Term Loan Commitment") not at any time to exceed the “Applicable TL Commitment Amount” (hereinafter defined) or such lesser amount as may be specified by Borrower pursuant to subsection 2.2(E). As used in this subsection, the term “Applicable TL Commitment Amount” means, as of any time of determination, the amount set forth below for the period of time that includes the time of determination: Time Period Applicable TL Commitment Amount from the date of this Agreement and until September 19, 2007 $25,000,000.00 at September 19, 2007 and until September 19, 2008 $24,000,000.00 at September 19, 2008 and until September 19, 2009 $21,500,000.00 at September 19, 2009 and until September 19, 2010 $19,000,000.00 at September 19, 2010 and until the Term Loan Termination Date $16,500,000.00 At any time that the principal balance outstanding under the Term Loan is in excess of the Term Loan CommitmentCommitments, the Borrower shall immediately repay pay all fees, if any, accrued to the full and entire amount date of such excess, which principal shall be applied termination of the Tranche A-2 Term Loan Commitments to the principal balance outstanding under Administrative Agent for the Term Loan. The entire principal balance outstanding under account of the Tranche A-2 Term Loan shall be due and payable in full on Lenders. In the Term Loan Termination Date. The Term Loan constitutes case of a non-revolving line termination of creditthe Revolving Credit Commitments, meaning that the Borrower shall have no right to have principal amounts that have been repaid pay all interest on the Term Loan readvanced at any time under Revolving Credit Loans and all fees, if any, accrued to the Term Loan. Each advance to Borrower under this subsection 2.1 shall be in integral multiples date of $100,000.00, subject to subsection 2.8 regarding LIBOR Rate Advances. The Term Loan made by Lender to Borrower under this subsection 2.1 shall be evidenced by a promissory note of even date herewith in the form attached hereto as Exhibit A (the "Term Note") with the blanks appropriately completed. The unpaid balance such termination of the Term Loan Revolving Credit Commitments to the Administrative Agent for the account of the Revolving Credit Lenders. In the case of any reduction or termination of the Revolving Credit Commitments resulting in a repayment of the Revolving Credit Loans pursuant to Section 2.7(a) or Section 2.8(b) (as applicable), the Borrower shall bear interest and shall be also pay any applicable compensation due and payable as provided to each Revolving Credit Lender in this Agreement and the Term Note. Payments to be made by Borrower under the Term Note shall be made at the times, in the amount and upon the terms set forth herein and therein. The Liabilities evidenced by the Term Note shall be due and payable in full on the Term Loan Termination Date, unless they are due and payable sooner as otherwise provided in accordance with Section 5.4 of this Agreement.

Term Loan Commitment. Provided there does not then exist a Default or an Event of Default, subject to On the provisions of Section 5 below, and subject to the other provisions and conditions of this Agreement, Lender shall advance to Borrower before the Term Revolving Loan Commitment Termination Date on (unless such date shall occur as a non-revolving credit basis result of clause (c) of the definition thereof), each Lender will make one term loan (relative to such advances are herein referred to, collectively, as the Lender its "Term Loan") to the Borrower equal to the lesser of the then outstanding principal amount of its Revolving Loan and the amount described in Section 2.1.3(b), up . The Commitment of each Lender described in this Section 2.1.2 is herein referred to an aggregate amount (the as its "Term Loan Commitment") not at any time . No amounts paid or prepaid with respect to exceed the “Applicable TL Commitment Amount” (hereinafter defined) or such lesser amount as may be specified by Borrower pursuant to subsection 2.2(E). As used in this subsection, the term “Applicable TL Commitment Amount” means, as of any time of determination, the amount set forth below for the period of time that includes the time of determination: Time Period Applicable TL Commitment Amount from the date of this Agreement and until September 19, 2007 $25,000,000.00 at September 19, 2007 and until September 19, 2008 $24,000,000.00 at September 19, 2008 and until September 19, 2009 $21,500,000.00 at September 19, 2009 and until September 19, 2010 $19,000,000.00 at September 19, 2010 and until the Term Loan may be reborrowed. Fixed Rate Loans for which the Interest Period shall not have terminated as of the Revolving Loan Commitment Termination Date $16,500,000.00 At any time that the principal balance outstanding under the Term Loan is in excess of the Term Loan Commitment, the Borrower shall immediately repay the full and entire amount of such excess, which principal shall be applied to continued as Fixed Rate Loans for the principal balance outstanding under the Term Loan. The entire principal balance outstanding under the Term Loan applicable Interest Period and Prime Rate Loans shall be due and payable in full on continued as Prime Rate Loans after the Term Revolving Loan Commitment Termination Date. The Term Loan constitutes a non-revolving line of credit, meaning that unless the Borrower shall have no right elected otherwise by delivery of a Continuation/Conversion Notice pursuant to Section 2.4; provided that such Fixed Rate Loans which shall have principal amounts that have been repaid on the converted to Term Loan readvanced at any time under the Term Loan. Each advance to Borrower under this subsection 2.1 Loans shall be in integral multiples a minimum amount of $100,000.005,000,000 and an integral multiple of $1,000,000. Any principal repayments received on the Revolving Loan Commitment Termination Date for Revolving Loans not converted into Term Loans shall be applied first to Prime Rate Loans and, subject after Prime Rate Loans have been paid in full, to subsection 2.8 regarding LIBOR Fixed Rate AdvancesLoans, unless the Borrower shall have otherwise instructed the Agent in writing. The Upon a Lender making such Term Loan, its Term Loan made by Lender Commitment shall terminate and it shall have no further Commitment to Borrower under this subsection 2.1 shall be evidenced by a promissory note of even date herewith in the form attached hereto as Exhibit A (the "Term Note") with the blanks appropriately completed. The unpaid balance of the Term Loan shall bear interest and shall be due and payable as provided in this Agreement and the Term Note. Payments to be made by Borrower under the Term Note shall be made at the times, in the amount and upon the terms set forth herein and therein. The Liabilities evidenced by the Term Note shall be due and payable in full on the Term Loan Termination Date, unless they are due and payable sooner as otherwise provided in this Agreementmake Loans.

Term Loan Commitment. Provided there does not then exist a Default or an Event of Default, subject Subject to the provisions of Section 5 below, and subject to the other provisions terms and conditions of this Agreementhereof and relying upon the representations and warranties herein set forth, each Lender shall advance to Borrower before the holding any Term Loan Termination Date on Commitment severally agrees to make a non-revolving credit basis (such advances are herein referred to, collectively, as the "Term Loan"), up to an aggregate amount term loan (the "Term Loan CommitmentLoans") not in Euros to the Borrowers at any time on or after the Closing Date to exceed the “Applicable TL Commitment Amount” (hereinafter defined) or such lesser amount as may be specified by Borrower pursuant to subsection 2.2(E). As used in this subsection, the term “Applicable TL Commitment Amount” means, as of any time of determination, the amount set forth below for the period of time that includes the time of determination: Time Period Applicable TL Commitment Amount from the date of this Agreement and until September 19, 2007 $25,000,000.00 at September 19, 2007 and until September 19, 2008 $24,000,000.00 at September 19, 2008 and until September 19, 2009 $21,500,000.00 at September 19, 2009 and until September 19, 2010 $19,000,000.00 at September 19, 2010 and until including the Term Loan Draw Termination Date $16,500,000.00 At any time that (such date, the principal balance outstanding under the "Term Loan is Draw Date") in excess such principal amount as the Borrowers shall request up to but not exceeding such Lender's Term Loan Commitment; provided however, (i) only one advance of the Term Loan CommitmentLoans may be made, (ii) the Borrower shall immediately repay the full and entire amount proceeds of such excess, which principal shall be applied to the principal balance outstanding under the Term Loan. The entire principal balance outstanding under the Term Loan shall be due used to redeem and payable repay in full on all outstanding Indebtedness under the 2012 Senior Notes and such 2012 Senior Notes shall be cancelled and (iii) after giving effect to such Term Loan advance, the aggregate amount of Term Loans shall not exceed the Term Loan Commitment. The Lenders shall have no obligation to make Term Loans hereunder after the Term Loan Draw Termination Date. The Term Loan constitutes a non-Commitments are not revolving line credit commitments, and the Borrowers shall not have the right to borrow, repay and reborrow new funds under this Section 2.14. The Borrower Agent, on behalf of creditall Borrowers, meaning that the Borrower shall have no the right at any time and from time to have principal amounts that have been repaid time upon five (5) Business Days' prior written notice to the Administrative Agent to permanently reduce, in whole multiples of €5,000,000.00 of principal, or terminate the Term Loan Commitments without penalty or premium. The Term Loan Commitments shall automatically terminate upon the earlier to occur of (x) 11:59 pm (Pittsburgh time) on the Term Loan readvanced at any time under Draw Termination Date and (y) the Term Loan. Each advance to Borrower under this subsection 2.1 shall be in integral multiples of $100,000.00, subject to subsection 2.8 regarding LIBOR Rate Advances. The Term Loan made by Lender to Borrower under this subsection 2.1 shall be evidenced by a promissory note of even date herewith in the form attached hereto as Exhibit A (the "Term Note") with the blanks appropriately completed. The unpaid balance funding of the Term Loan shall bear interest and shall be due and payable as provided in this Agreement and the Term Note. Payments to be made by Borrower under the Term Note shall be made at the times, in the amount and upon the terms set forth herein and therein. The Liabilities evidenced by the Term Note shall be due and payable in full Loans on the Term Loan Termination Draw Date, unless they are due and payable sooner as otherwise provided in this Agreement. From the effective date of any such reduction or termination the obligations of the Borrowers to pay the Commitment Fee pursuant to Section 2.16 shall correspondingly be reduced or cease.

Term Loan Commitment. Provided there does not If the initial Stated Amount of the Surety L/C is reduced, the Surety L/C is terminated, and/or a draw against the Surety L/C is made at any time, then exist a Default or an Event of Default, subject to the provisions of Section 5 below, and subject to the other provisions and conditions of this Agreement, Lender shall advance to Borrower before the Term Loan Termination Date on a non-revolving credit basis (such advances are herein referred to, collectively, as the "Term Loan"), up to an aggregate amount (the "Term Loan Commitment") not at any time to exceed the “Applicable TL Commitment Amount” (hereinafter defined) or such lesser amount as may be specified by Borrower pursuant to subsection 2.2(E). As used in this subsection, the term “Applicable TL Commitment Amount” means, as of any time of determination, the amount set forth below for the period of time that includes the time of determination: Time Period Applicable TL Commitment Amount from the date of this Agreement and until September 19, 2007 $25,000,000.00 at September 19, 2007 and until September 19, 2008 $24,000,000.00 at September 19, 2008 and until September 19, 2009 $21,500,000.00 at September 19, 2009 and until September 19, 2010 $19,000,000.00 at September 19, 2010 and until the Term Loan Termination Date $16,500,000.00 At any time that the principal balance outstanding under the Term Loan is in excess of the Term Loan Commitment, the Borrower shall immediately repay the full and entire amount of such excess, which principal shall be applied to the principal balance outstanding under the Term Loan. The entire principal balance outstanding under the Term Loan shall be due and payable in full on the Term Loan Termination Date. The Term Loan constitutes a non-revolving line of credit, meaning that the Borrower shall have no right to have principal amounts that have been repaid on the Term Loan readvanced at any time under the Term Loan. Each advance to Borrower under this subsection 2.1 shall be in integral multiples of $100,000.00, subject to subsection 2.8 regarding LIBOR Rate Advances. The Term Loan made by Lender to Borrower under this subsection 2.1 shall be evidenced by a promissory note of even date herewith in the form attached hereto as Exhibit A (the "Term Note") with the blanks appropriately completed. The unpaid balance of the Term Loan shall bear interest and shall be due and payable as provided in this Agreement and the Term Note. Payments to be made by Borrower under the Term Note shall be made at the times, in the amount and upon the terms and conditions set forth herein herein, from and therein. The Liabilities evidenced by after the Term Note shall be due and payable in full on date hereof until the Term Loan Termination Date, unless they are due the Borrower may borrow from the Lenders and payable sooner each Lender severally agrees to make to the Borrower, Term Loans in an aggregate principal amount not to exceed the Total Term Loan Commitment, with each Lender making Term Loans equal to the Term Loan Availability amount multiplied by the Lender's Term Loan Commitment Percentage. Notwithstanding anything herein to the contrary, the Lenders shall not be obligated to make Term Loans at any time the Term Loan Availability is zero or less. In addition, with each increase to the Term Loan Availability (which increases will in no event exceed $32,140,115.50), the Borrower shall, within five (5) Business Days of each increase, request Term Loans in accordance with Section 4.3 below. Should Borrower fail to request Term Loans within the period described in the preceding sentence, or if the Lenders do not advance Term Loans after their receipt of a Notice of Term Loan Borrowing.for a period of up to 90 days because the conditions to making Term Loans have not been satisfied or waived by Agent or Lenders, the Total Term Loan Commitment shall, subject to the terms of Section 5.2(d) below, be reduced by the amount of the applicable increase. Moreover, should the Borrower fail to request Term Loans in an amount equal to the total amount of the applicable increase in Term Loan Availability, the Total Term Loan Commitment shall, as otherwise provided in this Agreementof the sixth (6th) Business Day after the applicable increase and subject to the terms of Section 5.2(d) below, be reduced by the difference between the total amount of the applicable increase and the aggregate amount of the applicable Term Loans requested by the Borrower. The Term Loans shall be Base Rate Loans and, to the extent permitted or required by the terms hereof, LIBOR Loans, as selected by the Borrower.

Term Loan Commitment. Provided there does not then exist a Default or an Subject to all the terms and conditions of this Subordinated Loan Agreement and prior to the termination of its commitment as hereinafter provided, and provided that no Event of DefaultDefault has occurred and is continuing, Lender hereby agrees to make loans (each a "Loan" and collectively, the "Loans") to Borrower in such amounts as Borrower shall request pursuant to this SECTION 2.A. at any time from the date hereof through December 15, 2000 (the "Term Loan Availability End Date"), in an aggregate principal amount not to exceed $2,000,000 (the "Commitment"). If at any time or for any reason, the outstanding aggregate principal amount of the Loans is greater than the Commitment, Borrower shall immediately pay to Lender, in cash, the amount of such excess. Any commitment of Lender, pursuant to the terms of this Subordinated Loan Agreement, to make Loans shall expire upon the earlier to occur of (i) the Term Loan Availability End Date, and (ii) Lender's termination of its obligations to make Loans hereunder pursuant to SECTION 13(i) hereof, subject to Lender's right to renew said commitment in its sole and absolute discretion at Borrower's request. Any such renewal of said commitment shall not be binding upon Lender unless it is in writing and signed by an officer of Lender. Notwithstanding the provisions of Section 5 belowforegoing, and subject to the other provisions and conditions terms hereof, upon the occurrence of this Agreementan Equity Event, Lender shall advance to Borrower before the Term Loan Termination Availability End Date shall be extended to the date thirty (30) days after Borrower's execution and delivery of the Terms Sheet. Loans that are repaid by Borrower may not be reborrowed. Borrower promises to pay to Lender the outstanding unpaid aggregate principal balance (and all accrued unpaid interest thereon) of the Loans on a non-revolving credit basis or before (such advances are herein i) December 15, 2000 (the "Maturity Date"), or (ii) in the event that the Term Loan Availability End Date has been extended pursuant to the occurrence of an Equity Event, thirty (30) days after Borrower's execution and delivery of the Terms Sheet (the "Extended Maturity Date") (the Maturity Date and the Extended Maturity Date shall be hereinafter collectively referred to, collectively, to as the "Term LoanLoan Maturity Date"). Notwithstanding the foregoing, up upon the occurrence of an Accelerated Maturity Event prior to an aggregate amount (the "Term Loan Commitment") not at any time to exceed the “Applicable TL Commitment Amount” (hereinafter defined) or such lesser amount as may be specified by Borrower pursuant to subsection 2.2(E). As used in this subsection, the term “Applicable TL Commitment Amount” means, as of any time of determination, the amount set forth below for the period of time that includes the time of determination: Time Period Applicable TL Commitment Amount from the date of this Agreement and until September 19, 2007 $25,000,000.00 at September 19, 2007 and until September 19, 2008 $24,000,000.00 at September 19, 2008 and until September 19, 2009 $21,500,000.00 at September 19, 2009 and until September 19, 2010 $19,000,000.00 at September 19, 2010 and until the Term Loan Termination Date $16,500,000.00 At any time that Maturity Date, Borrower shall pay to Lender the outstanding unpaid aggregate principal balance outstanding under the Term Loan is in excess (and all accrued unpaid interest thereon) of the Term Loan Commitment, no later than five (5) business days after the Borrower shall immediately repay the full and entire amount occurrence of such excess, which principal shall be applied to the principal balance outstanding under the Term Loan. The entire principal balance outstanding under the Term Loan shall be due and payable in full on the Term Loan Termination Date. The Term Loan constitutes a non-revolving line of credit, meaning that the Borrower shall have no right to have principal amounts that have been repaid on the Term Loan readvanced at any time under the Term Loan. Each advance to Borrower under this subsection 2.1 shall be in integral multiples of $100,000.00, subject to subsection 2.8 regarding LIBOR Rate Advances. The Term Loan made by Lender to Borrower under this subsection 2.1 shall be evidenced by a promissory note of even date herewith in the form attached hereto as Exhibit A (the "Term Note") with the blanks appropriately completed. The unpaid balance of the Term Loan shall bear interest and shall be due and payable as provided in this Agreement and the Term Note. Payments to be made by Borrower under the Term Note shall be made at the times, in the amount and upon the terms set forth herein and therein. The Liabilities evidenced by the Term Note shall be due and payable in full on the Term Loan Termination Date, unless they are due and payable sooner as otherwise provided in this Agreementevent.

Term Loan Commitment. Provided there does not then exist a Default or an Event of Default, subject Subject to the provisions of Section 5 belowterms and conditions hereof and in reliance upon the representations and warranties set forth herein, and subject each Term Loan Lender severally, but not jointly, agrees to make available to the Company (through the Administrative Agent) on the Closing Date a term loan (such loans, the “Term Loans”) in Dollars in an amount equal to such Term Loan Lender's Term Loan Commitment Percentage of THREE HUNDRED MILLION DOLLARS ($300,000,000) (the “Term Loan Committed Amount”) for the purposes hereinafter set forth (such facility, the “Term Loan Facility”). Upon receipt by the Administrative Agent of the proceeds of the Term Loans, such proceeds will then be made available to the Company by the Administrative Agent by crediting the account of the Company on the books of the office of the Administrative Agent specified in Section 10.2, or at such other provisions and conditions office as the Administrative Agent may designate in writing, with the aggregate of this Agreement, Lender shall advance such proceeds made available to Borrower before the Administrative Agent by the Term Loan Termination Date on Lenders and in like funds as received by the Administrative Agent (or by crediting such other account(s) as directed by the Company). The Term Loans may consist of Alternate Base Rate Loans or LIBOR Rate Loans, or a non-revolving credit basis (such advances are herein referred to, collectivelycombination thereof, as the "Company may request in the Notice of Borrowing delivered to the Administrative Agent prior to the Closing Date; provided, however, that the Term Loan")Loans made on the Closing Date may only consist of Alternate Base Rate Loans unless the Company delivers a funding indemnity letter, up in form and substance reasonably acceptable to an aggregate amount the Administrative Agent not less than three (3) Business Days prior to the "Closing Date. LIBOR Rate Loans shall be made by each Term Loan Commitment") not Lender at any time to exceed the “Applicable TL Commitment Amount” (hereinafter defined) or such lesser amount as may its Eurocurrency Lending Office, and Alternate Base Rate Loans shall be specified made by Borrower pursuant to subsection 2.2(E). As used in this subsection, the term “Applicable TL Commitment Amount” means, as of any time of determination, the amount set forth below for the period of time that includes the time of determination: Time Period Applicable TL Commitment Amount from the date of this Agreement and until September 19, 2007 $25,000,000.00 at September 19, 2007 and until September 19, 2008 $24,000,000.00 at September 19, 2008 and until September 19, 2009 $21,500,000.00 at September 19, 2009 and until September 19, 2010 $19,000,000.00 at September 19, 2010 and until the each Term Loan Termination Date $16,500,000.00 At any time that the principal balance outstanding under the Term Loan is in excess of the Term Loan Commitment, the Borrower shall immediately repay the full and entire amount of such excess, which principal shall be applied to the principal balance outstanding under the Term LoanLender at its Domestic Lending Office. The entire principal balance outstanding under the Term Loan shall be due and payable in full Amounts repaid or prepaid on the Term Loan Termination DateLoans may not be reborrowed. The Term Loan constitutes a non-revolving line Commitments shall automatically terminate at the earlier to occur of credit, meaning that (a) the Borrower shall have no right to have principal amounts that have been repaid on the Term Loan readvanced at any time under the Term Loan. Each advance to Borrower under this subsection 2.1 shall be in integral multiples of $100,000.00, subject to subsection 2.8 regarding LIBOR Rate Advances. The Term Loan made by Lender to Borrower under this subsection 2.1 shall be evidenced by a promissory note of even date herewith in the form attached hereto as Exhibit A (the "Term Note") with the blanks appropriately completed. The unpaid balance making of the Term Loan shall bear interest Loans and shall be due and payable as provided in this Agreement and the Term Note. Payments to be made by Borrower under the Term Note shall be made at the times, in the amount and upon the terms set forth herein and therein. The Liabilities evidenced by the Term Note shall be due and payable in full (b) 5:00 p.m. on the Term Loan Termination Closing Date, unless they are due and payable sooner as otherwise provided in this Agreement.