Common use of The Revolving Facility Clause in Contracts

The Revolving Facility. (a) Subject to the provisions of this Agreement, each Lender agrees to make available its Pro Rata Share of Advances to Borrowers under the Revolving Facility from time to time during the Term, provided that, (i) the Pro Rata Share of the Advances of any Lender shall not at any time exceed its separate Commitment, and (ii) the aggregate amount of all Advances at any one time outstanding under the Revolving Facility shall not exceed the lesser of (a) the Facility Cap, and (b) the Availability. The obligations of Lenders hereunder shall be several and not joint. The Revolving Facility is a revolving credit facility, which may be drawn, repaid and redrawn, from time to time as permitted under this Agreement. Any determination as to whether there is Availability shall be made by reference to the most recent Borrowing Certificate or Interim Borrowing Certificate delivered by Borrowers (subject to Agent's right to set reserves pursuant to this Agreement). Unless otherwise permitted by Agent, each Advance shall be in an amount of at least $1,000. Subject to the provisions of this Agreement, Borrowers may request Advances under the Revolving Facility up to and including the value, in U.S. Dollars, of the sum of (i) eighty five percent (85%) of the Borrowing Base plus (ii) the Special Advance Amount minus (iii) if applicable, amounts reserved pursuant to this Agreement (such calculated amount being referred to herein as the "Availability"). Advances under the Revolving Facility automatically shall be made for the payment of interest on the Revolving Notes and other Obligations on the date when due to the extent available and as provided for herein.

The Revolving Facility. (a) Subject to the provisions of this Agreement, each Revolving Lender agrees to make available its Pro Rata Share of Advances to Borrowers under the Revolving Facility from time to time during the Term; provided, provided that, that (i) the amount of the Pro Rata Share of the Advances of any Revolving Lender shall not at any time exceed its separate CommitmentCommitment with respect to the Revolving Facility, and (ii) the aggregate amount of all Advances at any one time outstanding under the Revolving Facility shall not exceed the lesser Facility Cap minus the Letter of (a) the Facility CapCredit Usage, and (biii) the AvailabilitySenior Leverage Ratio requirements of Section 4.2(d) shall have been met. The obligations of Revolving Lenders hereunder shall be several several, and not jointjoint or joint and several, up to the amount of the Commitments. The Revolving Facility is a revolving credit facility, facility which may be drawn, repaid and redrawn, redrawn from time to time as permitted under this Agreement. Any determination as to whether there is Availability shall be made by reference to the most recent Borrowing Certificate or Interim Borrowing Certificate delivered by Borrowers (subject to Agent's right to set reserves pursuant to this Agreement). Unless otherwise permitted by Agent, each Advance shall be in an amount of at least One Hundred Thousand Dollars ($1,000. Subject to the provisions of this Agreement, Borrowers may request Advances under the Revolving Facility up to and including the value, in U.S. Dollars, of the sum of (i) eighty five percent (85%) of the Borrowing Base plus (ii) the Special Advance Amount minus (iii) if applicable, amounts reserved pursuant to this Agreement (such calculated amount being referred to herein as the "Availability"100,000). Advances under the Revolving Facility automatically shall be made for the payment of interest on the Revolving Notes and other Obligations on the date when due to the extent available and as provided for hereinin this Agreement. Borrowers may not at any time increase, reduce or otherwise adjust the Facility Cap.

The Revolving Facility. (a) Subject to the provisions of this Agreement, each Lender agrees to shall make available its Pro Rata Share of Advances to Borrowers Borrower under the Revolving Facility from time to time during the Term, provided that, notwithstanding any other provision of this Agreement, (i) the Pro Rata Share of the Advances of any Lender shall not at any time exceed its separate Commitment, and (ii) the aggregate amount of all Advances at any one time outstanding under the Revolving Facility shall not exceed the lesser either of (aA) the Facility Cap, and (bB) the Availability. The obligations , (ii) the aggregate amount of Lenders hereunder all such Advances drawn by CM shall be several not exceed either of (A) the CM Facility Cap, and (B) the CM Availability, (iii) the aggregate amount of all such Advances drawn by OHR-SSM shall not jointexceed either of (A) the OHR-SSM Facility Cap, and (B) the OHR-SSM Availability, and (iv) the aggregate amount of all such Advances drawn by OHR shall not exceed either of (A) the Facility Cap, and (B) the OHR Availability. The Revolving Facility is a revolving credit facility, which may be drawn, repaid and redrawn, from time to time as permitted under this Agreement. Any determination as to whether there is Availability for Advances shall be made by reference to the most recent Borrowing Certificate or Interim Borrowing Certificate delivered by Borrowers (subject to Agent's right to set reserves pursuant to this Agreement)Lender in its Permitted Discretion and is final and binding upon Borrower. Unless otherwise permitted by AgentLender, each Advance shall be in an amount of at least $1,000. Subject to the provisions of this Agreement, Borrowers (a) CM may request an aggregate amount of Advances under the Revolving Facility up to and including the value, in U.S. Dollars, of the sum of (i) eighty eighty-five percent (85%) of the Borrowing Base plus (ii) the Special Advance Amount allocable to CM, minus (iii) if applicable, amounts reserved pursuant to this Agreement allocable to CM (such calculated amount being referred to herein as the "“CM Availability"”); (b) OHR-SSM may request an aggregate amount of Advances under the Revolving Facility up to and including the value, in U.S. Dollars, of eighty-five percent (85%) of the Borrowing Base allocable to OHR-SSM, minus if applicable, amounts reserved pursuant to this Agreement allocable to OHR-SSM (such calculated amount being referred to herein as the “OHR-SSM Availability”); and (c) OHR may request an aggregate amount of Advances under the Revolving Facility up to and including the value, in U.S. Dollars, of eighty-five percent (85%) of the Borrowing Base allocable to OHR, minus, if applicable, amounts reserved pursuant to this Agreement allocable to OHR, plus any CM Availability that is not otherwise drawn by CM, plus any OHR-SSM Availability that is not otherwise drawn by OHR-SSM (such calculated amount being referred to herein as the “OHR Availability”). CM hereby consents to OHR’s use of any undrawn portions of the CM Availability, and OHR-SSM hereby consents to OHR’s use of any undrawn portions of the OHR-SSM Availability. The aggregate amount of Advances under the Revolving Facility up to and including the value, in U.S. Dollars, of eighty-five percent (85%) of the Borrowing Base, minus if applicable, amounts reserved pursuant to this Agreement shall be referred to herein as the “Availability”. Notwithstanding any other provision of this Agreement, each Borrower acknowledges and agrees that any amounts drawn by OHR from CM Availability or OHR-SSM Availability shall be deemed to be Advances to CM or OHR-SSM respectively, as if the same were drawn by CM or OHR-SSM and then transferred to OHR. Advances under the Revolving Facility automatically shall be made for the payment of interest on the Revolving Notes Note and other Obligations on the date when due to the extent available and as provided for herein.

The Revolving Facility. (a) Subject to the provisions of this Agreement, each Lender agrees to make available its Pro Rata Share of Advances, including Advances in connection with the issuance or collateralization of Letters of Credit, to Borrowers Borrower under the Revolving Facility from time to time during the Term; provided, provided that, that (i) the Pro Rata Share of the Advances of any Lender shall not at any time exceed its separate Commitment, and (ii) the aggregate amount of all Advances at any one time outstanding under the Revolving Facility shall not exceed the lesser of (aA) the Facility Cap, Cap and (bB) the Availability. The obligations of Lenders hereunder shall be several and not jointjoint up to the amount of the Commitments. The Revolving Facility is a revolving credit facility, which may be drawn, repaid and redrawn, from time to time as permitted under this Agreement. Any determination as to whether there is Availability availability within the Borrowing Base for Advances shall be made by reference to the most recent Borrowing Certificate or Interim Borrowing Certificate delivered by Borrowers (subject to Agent's right to set reserves pursuant to this Agreement)Agent in its Permitted Discretion and is final and binding upon Borrower. Unless otherwise permitted by Agent, each Advance shall be in an amount of at least $1,000100,000. Subject to the provisions of this Agreement, Borrowers Borrower may request Advances under the Revolving Facility up to and including the value, in U.S. Dollars, of the sum of (i) eighty five percent (85%) % of the Borrowing Base plus (ii) the Special Advance Amount minus (iii) if applicable, amounts reserved pursuant to this Agreement (such calculated amount being referred to herein as the "AvailabilityAVAILABILITY"). Advances under the Revolving Facility automatically shall be made for the payment of interest on the Revolving Notes and other Obligations on the date when due to the extent available and as provided for herein.

The Revolving Facility. (a) Subject to the provisions of this Agreement, each Lender agrees to make available its Pro Rata Share of Advances to Borrowers under the Revolving Facility from time to time during the Term, provided that, (i) the Pro Rata Share of the Advances of any Lender shall not at any time exceed its separate Commitment, and (ii) the aggregate amount of all Advances at any one time outstanding under the Revolving Facility shall not exceed the lesser of (a) the Facility Cap, and (b) the Availability. The obligations of Lenders hereunder shall be several and not joint. The Revolving Facility is a revolving credit facility, which may be drawn, repaid and redrawn, from time to time as permitted under this Agreement. Any determination as to whether there is Availability shall be made by reference to the most recent Borrowing Certificate or Interim Borrowing Certificate delivered by Borrowers (subject to Agent's right to set reserves pursuant to this Agreement). Unless otherwise permitted by Agent, each Advance shall be in an amount of at least $1,000. Subject to the provisions of this Agreement, Borrowers may request Advances under the Revolving Facility up to and including the value, in U.S. Dollars, of the sum of (i) eighty five percent (85%) of the Borrowing Base plus minus (ii) the Special Advance Amount minus (iii) if applicable, amounts reserved pursuant to this Agreement (such calculated amount being referred to herein as the "Availability"). Advances under the Revolving Facility automatically shall be made for the payment of interest on the Revolving Notes and other Obligations on the date when due to the extent available and as provided for herein.

The Revolving Facility. (a) Subject to the provisions of this Agreement, each Lender agrees to shall make available its Pro Rata Share of Advances to Borrowers Borrower under the Revolving Facility from time to time during the Term, provided that, (i) the Pro Rata Share notwithstanding any other provision of the Advances of any Lender shall not at any time exceed its separate Commitmentthis Agreement, and (ii) the aggregate amount of all Advances at any one time outstanding under the Revolving Facility shall not exceed the lesser either of (a) the Facility Cap, and (b) the Availability. The obligations of Lenders hereunder shall be several and , plus such additional amounts that Lender may elect to advance to Borrower in its sole discretion such that the total outstanding Advances at any one time are not jointless than the Minimum Balance. The Revolving Facility is a revolving credit facility, which may be drawn, repaid and redrawn, from time to time as permitted under this Agreement. Any determination as to whether there is Availability for Advances shall be made by reference to the most recent Borrowing Certificate or Interim Borrowing Certificate delivered by Borrowers (subject to Agent's right to set reserves pursuant to this Agreement)Lender in its sole discretion and, absent demonstrable error, is final and binding upon Borrower. Unless otherwise permitted by AgentLender, each Advance shall be in an amount of at least $1,000. Subject to the provisions of this Agreement, Borrowers Borrower may request Advances under the Revolving Facility up to and including the value, in U.S. Dollars, of the sum of (i) eighty five Eighty-Five percent (85%) of the Borrowing Base for Eligible Billed Receivables plus Sixty percent (ii60%) of the Special Advance Amount minus (iii) Borrowing Base for Eligible Unbilled Receivables minus, if applicable, amounts reserved pursuant to this Agreement (such calculated amount being referred to herein as the "Availability"). Advances under the Revolving Facility automatically shall be made for the payment of interest on the Revolving Notes Note and other Obligations on the date when due to the extent available and as provided for herein.

The Revolving Facility. (a) Subject to the provisions of this Agreement, each Lender agrees to make available its Pro Rata Share of Advances, including Advances in connection with the issuance or collateralization of Letters of Credit, to Borrowers Borrower under the Revolving Facility from time to time during the Term; provided, provided that, that (i) the Pro Rata Share of the Advances of any Lender shall not at any time exceed its separate Commitment, and (ii) the aggregate amount of all Advances at any one time outstanding under the Revolving Facility Facility, together with the then aggregate amount of L/C Exposure, shall not exceed the lesser of (aA) the Facility Cap, Cap and (bB) the Availability. The obligations of Lenders hereunder shall be several and not jointjoint up to the amount of the Commitments. The Revolving Facility is a revolving credit facility, which may be drawn, repaid and redrawn, from time to time as permitted under this Agreement. Any determination as to whether there is Availability availability within the Borrowing Base for Advances shall be made by reference to the most recent Borrowing Certificate or Interim Borrowing Certificate delivered by Borrowers (subject to Agent's right to set reserves pursuant to this Agreement)Agent in its Permitted Discretion and is final and binding upon Borrower. Unless otherwise permitted by Agent, each Advance shall be in an amount of at least $1,000100,000. Subject to the provisions of this Agreement, Borrowers Borrower may request Advances under the Revolving Facility up to and including the value, in U.S. Dollars, of the sum of (i) eighty five percent (85%) % of the Borrowing Base plus (ii) the Special Advance Amount minus (iii) if applicable, amounts reserved pursuant to this Agreement (such calculated amount being referred to herein as the "“Availability"”). Advances under the Revolving Facility automatically shall be made for the payment of interest on the Revolving Notes Loans and other Obligations on the date when due to the extent available and as provided for herein.

The Revolving Facility. (a) Subject to the provisions of this Agreement, each Lender agrees to shall make available its Pro Rata Share of Advances to Borrowers Borrower under the Revolving Facility from time to time during the Term, provided that, (i) the Pro Rata Share notwithstanding any other provision of the Advances of any Lender shall not at any time exceed its separate Commitmentthis Agreement, and (ii) the aggregate amount of all Advances at any one time outstanding under the Revolving Facility (a) shall not exceed be no less than the lesser of (ai) the Facility Cap, Availability (as defined below) and (ii) $1,000,000; and (b) shall not exceed either of (i) the Facility Cap and (ii) the Availability. The obligations ; provided, further, that notwithstanding any other provision of Lenders hereunder this Agreement, at the Closing Lender shall be several and not jointmake an Advance to Borrower under the Revolving Facility in the amount of $1,000,000 (the "INITIAL ADVANCE"). The Revolving Facility is a revolving credit facility, which may be drawn, repaid and redrawn, from time to time as permitted under this Agreement. Any determination as to whether there is Availability availability within the Borrowing Base for Advances shall be made by reference to the most recent Borrowing Certificate or Interim Borrowing Certificate delivered by Borrowers (subject to Agent's right to set reserves pursuant to this Agreement)Lender in its sole discretion and is final and binding upon Borrower. Unless otherwise permitted by AgentLender, each Advance shall be in an amount of at least $1,000. Subject to the provisions of this Agreement, Borrowers Borrower may request Advances under the Revolving Facility up to and including the value, in U.S. Dollars, of the sum of (i) eighty eighty-five percent (85%) of the Borrowing Base plus (ii) the Special Advance Amount minus (iii) minus, if applicable, amounts reserved pursuant to this Agreement (such calculated amount being referred to herein as the "AvailabilityAVAILABILITY"). Advances under the Revolving Facility automatically shall be made for the payment of interest on the Revolving Notes Note and other Obligations on the date when due to the extent available and as provided for herein.

The Revolving Facility. (a) Subject to the provisions of this Agreement, each Lender agrees to shall make available its Pro Rata Share of Advances to Borrowers Borrower under the Revolving Facility from time to time during the Term, provided that, (i) the Pro Rata Share notwithstanding any other provision of the Advances of any Lender shall not at any time exceed its separate Commitmentthis Agreement, and (ii) the aggregate amount of all Advances at any one time outstanding under the Revolving Facility shall not exceed the lesser of (a) the Facility Cap, and (b) the Availability. The obligations of Lenders hereunder shall be several and not joint. The Revolving Facility is a revolving credit facility, which may be drawn, repaid and redrawn, from time to time as permitted under this Agreement. Any determination as to whether there is Availability for Advances shall be made by reference to the most recent Borrowing Certificate or Interim Borrowing Certificate delivered by Borrowers (subject to Agent's right to set reserves pursuant to this Agreement)Lender in its sole discretion and is final and binding upon Borrower. Unless otherwise permitted by AgentLender, each Advance shall be in an amount of at least $1,000. Subject to the provisions of this Agreement, Borrowers Borrower may request Advances under the Revolving Facility up to and including the value, in U.S. Dollars, of the sum of (i) eighty five percent the Applicable Advance Rate (85%as hereinafter defined) of the Borrowing Base plus for Eligible Receivables and (ii) the Special Applicable Advance Amount minus (iii) Rate of the Borrowing Base for Eligible Inventory minus, if applicable, amounts adjusted or reserved pursuant to this Agreement (such calculated amount being referred to herein as the "“Availability"”). Advances under For purposes of this Agreement, the Revolving Facility automatically applicable advance rate for Eligible Accounts and Eligible Inventory (in each case, the “Applicable Advance Rate”) shall be made determined by reference to the calculation of Borrower’s EBITDA for the payment of interest on the Revolving Notes and other Obligations on the date when due to the extent available and most recently completed Test Period as provided in Annex 1 hereto as follows: EBITDA Applicable Advance Rate for herein.Eligible Accounts Applicable Advance Rate for Eligible Inventory Greater than $250,000 85% 50% $1 to $250,000 85% 35% ($149,999) to ($0) 75% 20% ($350,000) to ($150,000) 75% 0%

The Revolving Facility. (a) Subject to the provisions of this Agreement, each Lender agrees to shall make available its Pro Rata Share of Advances to Borrowers Borrower under the Revolving Facility from time to time during the Term, provided that, (i) the Pro Rata Share notwithstanding any other provision of the Advances of any Lender shall not at any time exceed its separate Commitmentthis Agreement, and (ii) the aggregate amount of all Advances at any one time outstanding under the Revolving Facility shall not exceed the lesser either of (a) the Facility Cap, and (b) the Availability. The obligations of Lenders hereunder shall be several and not joint. The Revolving Facility is a revolving credit facility, which may be drawn, repaid and redrawn, from time to time as permitted under this Agreement. Any determination as to whether there is Availability availability within the Borrowing Base for Advances shall be made by reference to the most recent Borrowing Certificate or Interim Borrowing Certificate delivered by Borrowers (subject to Agent's right to set reserves pursuant to this Agreement)Lender in its sole discretion and is final and binding upon Borrower. Unless otherwise permitted by AgentLender, each Advance shall be in an amount of at least $1,000. Subject to the provisions of this Agreement, Borrowers Borrower may request Advances under the Revolving Facility up to and including the value, in U.S. Dollars, of the sum of (i) eighty five percent (85%) % of the Borrowing Base plus for Eligible Receivables and (ii) the Special Advance Amount minus lesser of (y) 50% of the Borrowing Base for Eligible Inventory based on the lower of cost or market or (z) 85% of the Borrowing Base for Eligible Inventory based on net orderly liquidation value, and, if applicable, less, (iii) if applicable, amounts reserved pursuant to this Agreement (such calculated amount being referred to herein as the "“Availability"”). For purposes of this Agreement, the ” net orderly liquidation value” shall be determined by independent appraisers from time to time acceptable to Lender and at Borrower’s expense. Advances under the Revolving Facility automatically shall be made automatically for the payment of interest on the Revolving Notes and other Obligations on the date when due to the extent available and as provided for herein.

The Revolving Facility. (a) Subject to the provisions of this Agreement, each Lender agrees to make available its Pro Rata Share of Advances to Borrowers Borrower under the Revolving Facility from time to time during the Revolving Facility Term; provided, provided that, that (i) the Pro Rata Share of the Advances of any Lender shall not at any time exceed its separate Commitment, and (ii) the aggregate amount of all Advances at any one time outstanding under the Revolving Facility shall not exceed the lesser of (aA) the Facility Cap, Cap and (bB) the Availability. The obligations of Lenders hereunder shall be several and not jointjoint up to the amount of the Commitments. The Revolving Facility is a revolving credit facility, which may be drawn, repaid and redrawn, from time to time as permitted under this Agreement. Any determination as to whether there is Availability for Advances shall be made by reference to the most recent Borrowing Certificate or Interim Borrowing Certificate delivered by Borrowers (subject to Agent's right to set reserves pursuant to this Agreement)Agent in its sole discretion and is final and binding upon Borrower. Unless otherwise permitted by Agent, each Advance shall be in an amount of at least $1,000. Subject to the provisions of this Agreement, Borrowers Borrower may request Advances under the Revolving Facility up to and including the value, in U.S. Dollars, of (x) the sum greater of (iA) eighty five percent (85%) of the Borrowing Base plus Availability, and (iiB) the Special Advance Amount minus amount such that the Total Leverage Ratio, after giving effect to the requested Advance, does not exceed the maximum Total Leverage Ratio then allowed under Annex I for the immediately preceding Leverage Test Period, minus, (iiiy) if applicable, amounts reserved pursuant by Agent from time to this Agreement time in its sole credit judgment (such calculated amount being referred to herein as the "AvailabilityAVAILABILITY"). Advances under the Revolving Facility automatically shall be made for the payment of interest on the Revolving Notes and other Obligations on the date when due to the extent available and as provided for herein.

The Revolving Facility. (a) Subject to the provisions of this Agreement, each Lender agrees to shall make available its Pro Rata Share of Advances to Borrowers Borrower under the Revolving Facility from time to time during the Term, provided that, (i) the Pro Rata Share notwithstanding any other provision of the Advances of any Lender shall not at any time exceed its separate Commitmentthis Agreement, and (ii) the aggregate amount of all Advances at any one time outstanding under the Revolving Facility shall not exceed the lesser either of (a) the Facility Cap, and (b) the Availability. The obligations of Lenders hereunder shall be several and not joint. The Revolving Facility is a revolving credit facility, which may be drawn, repaid and redrawn, from time to time as permitted under this Agreement. Any determination as to whether there is Availability for Advances shall be made by reference to the most recent Borrowing Certificate or Interim Borrowing Certificate delivered by Borrowers (subject to Agent's right to set reserves pursuant to this Agreement)Lender in its sole discretion and is final and binding upon Borrower. Unless otherwise permitted by AgentLender, each Advance shall be in an amount of at least $1,000. Subject to the provisions of this Agreement, Borrowers Borrower may request Advances under the Revolving Facility up to and including the value, in U.S. Dollars, of the sum of (i) eighty eighty-five percent (85%) of the Borrowing Base plus for Eligible Receivables, and (ii) fifty-five (55)% of the Special Advance Amount minus (iii) Borrowing Base for Eligible Inventory minus, if applicable, amounts adjusted or reserved pursuant to this Agreement (such calculated amount being referred to herein as the "“Availability"”). Advances under the Revolving Facility automatically shall be made for the payment of interest on the Revolving Notes Loan and other Obligations on the date when due to the extent available and as provided for herein.

The Revolving Facility. (a) Subject to the provisions of this Agreement, each Revolving Lender agrees to make available its Pro Rata Share of Advances to Borrowers Borrower under the Revolving Facility from time to time during the TermTerm with respect thereto; provided, provided that, that (ia) the Pro Rata Share of the Advances of any Revolving Lender shall not at any time exceed its separate CommitmentCommitment under the Revolving Facility, and (iib) the aggregate amount of all Advances at any one time outstanding under the Revolving Facility shall not exceed the lesser of (ai) Availability and (ii) the Facility Cap, and (b) the AvailabilityCap as in effect from time to time. The obligations of Revolving Lenders hereunder shall be several several, and not jointjoint or joint and several, up to the amount of the Commitments under the Revolving Facility. The Revolving Facility is a revolving credit facility, facility which may be drawn, repaid and redrawn, redrawn from time to time as permitted under this Agreement. Any determination as to whether there is Availability shall be made by reference to the most recent Borrowing Certificate or Interim Borrowing Certificate delivered by Borrowers (subject to Agent's right to set reserves pursuant to this Agreement). Unless otherwise permitted by Agent, each Advance shall be in an amount of at least One Hundred Thousand Dollars ($1,000100,000). Subject to the provisions of this Agreement, Borrowers Borrower may request Advances under the Revolving Facility up to and including the value, in U.S. Dollars, of the sum lesser of (ix) eighty five percent Availability and (85%) of the Borrowing Base plus (iiy) the Special Advance Amount minus (iii) if applicable, amounts reserved pursuant to this Agreement (such calculated amount being referred to herein as the "Availability")Facility Cap. Advances under the Revolving Facility automatically shall may be made for the payment of accrued and unpaid interest then due and owing on the Revolving Notes and other Obligations on the date when due to the extent available and as provided for herein. Borrower may not at any time increase, reduce or otherwise adjust the Facility Cap.