Common use of The Revolving Loans Clause in Contracts

The Revolving Loans. Subject to and upon the terms and conditions herein set forth, the Revolving Holders agree to make advances to the Companies (each a “Revolving Loan” and, collectively, the “Revolving Loans”) from time to time from the date hereof and prior to the Revolving Commitment Termination Date in the aggregate principal amount outstanding at any one time not to exceed the Revolving Commitment; provided that Revolving Loans shall not be made more frequently than six (6) times each calendar month. The Revolving Loans shall be evidenced by one or more Revolving Notes, dated as of the Date of Closing, and the Companies will deliver to you on the Date of Closing, at the offices of King & Spalding LLP, 1185 Avenue of the Xxxxxxxx, Xxx Xxxx, Xxx Xxxx, 00000-0000, one or more Revolving Notes registered in its name, evidencing in the aggregate for all Revolving Holders the amount of the Revolving Commitment as of the Date of Closing, and in the denominations specified in the Schedule B attached hereto. The principal amount of each Revolving Loan shall be equal to at least $100,000, and shall be an integral multiple of $50,000 or such lesser amount as shall be available to be drawn under the Revolving Notes. At the time of the making of each Revolving Loan and at the time of the making of each payment of principal on any Revolving Note, the applicable Revolving Holder shall make a notation in the records of such Revolving Holder, specifying the date and the amount of the Revolving Loan or payment; provided that the failure of such Revolving Holder to do so or any other inaccuracy in such records shall not affect the obligations of the Companies otherwise under this Agreement and any Revolving Note. Within the limits of the Revolving Commitment, subject to the terms and conditions hereof, the Companies may borrow from time to time (but not more frequently than six (6) times each calendar month) in accordance with Section 2.2(b), shall or may repay from time to time in accordance with Section 8.1, and may reborrow (but not more frequently than six (6) times each calendar month) in accordance with Section 2.2(b). In addition, any amounts advanced, at the sole discretion of the Revolving Holders, to pay any amount chargeable to or required to be paid by any of the Companies and which the Companies have failed to pay pursuant to the terms of, and within the time periods provided under, any Note Document, including payments of reimbursable expenses, expenditures for the protection or preservation of collateral and other sums payable under the Note Documents shall be deemed a “Revolving Loan”.

The Revolving Loans. Subject to and upon the terms and conditions herein of this Agreement and in reliance upon the representations and warranties of the Borrower set forthforth herein, each Bank hereby severally agrees, subject to the limitations set forth below with respect to the maximum amount of Revolving Holders agree Loans permitted to be outstanding from time to time, to make advances Revolving Loans to the Companies (each a “Revolving Loan” and, collectively, the “Revolving Loans”) Borrower from time to time during the period from the date hereof and prior to Effective Date through but excluding the Revolving Commitment Termination Date in an amount not exceeding its Pro Rata Share of the difference between the (i) aggregate Revolving Loan Commitments (as defined below) then in effect and (ii) the sum of (a) the aggregate principal amount of Swing Line Loans then outstanding at any one time not (excluding Swing Line Loans to exceed be repaid with the proceeds of such Revolving Commitment; provided that Loans) and (b) the Letter of Credit Usage for the purposes identified in Section 2.08. Each Bank's commitment to maintain and make Revolving Loans shall not be made more frequently than six (6to the Borrower pursuant to this Section 2.01(a) times each calendar month. The Revolving Loans shall be evidenced by one or more Revolving Notes, dated as is hereby called its "REVOLVING LOAN COMMITMENT" and such commitments of all the Date of Closing, and the Companies will deliver to you on the Date of Closing, at the offices of King & Spalding LLP, 1185 Avenue of the Xxxxxxxx, Xxx Xxxx, Xxx Xxxx, 00000-0000, one or more Revolving Notes registered in its name, evidencing Banks in the aggregate for all Revolving Holders are herein called the amount of the Revolving Commitment as of the Date of Closing, and in the denominations specified in the Schedule B attached hereto. "REVOLVING LOAN COMMITMENTS." The principal initial amount of each Bank's Revolving Loan shall be equal to at least $100,000, Commitment is set forth in SCHEDULE 1.01(A) and shall be an integral multiple the aggregate initial amount of $50,000 or such lesser amount as shall be available to be drawn under the Revolving Notes. At the time of the making of each all Revolving Loan and at the time of the making of each payment of principal on any Revolving Note, the applicable Revolving Holder shall make a notation in the records of such Revolving Holder, specifying the date and the Commitments is $325,000,000. The amount of the Revolving Loan Commitments shall be reduced by the amount of all reductions thereof made pursuant to Section 4.02 or payment; provided that Section 9 through the failure date of such Revolving Holder to do so or any other inaccuracy in such records determination. In no event shall not affect the obligations of the Companies otherwise under this Agreement and any Revolving Note. Within the limits aggregate principal amount of the Revolving Commitment, subject Loans from any Bank outstanding at any time exceed the amount of its Revolving Loan Commitment then in effect. Each Bank's Revolving Loan Commitment shall expire on the Termination Date and all Revolving Loans and all other amounts owed hereunder with respect to the terms and conditions hereofRevolving Loans, the Companies may borrow from time to time Revolving Loan Commitments, or otherwise (but not more frequently than six (6) times each calendar month) in accordance with Section 2.2(b)including, shall or may repay from time to time in accordance with Section 8.1, and may reborrow (but not more frequently than six (6) times each calendar month) in accordance with Section 2.2(b). In additionwithout limitation, any amounts advanced, at cash deposit required under Section 2.10(a) with respect to any Letter of Credit having an expiration date subsequent to the sole discretion of the Revolving Holders, to pay any amount chargeable to or required to Termination Date) shall be paid by any of the Companies and which the Companies have failed to pay pursuant to the terms of, and within the time periods provided under, any Note Document, including payments of reimbursable expenses, expenditures for the protection or preservation of collateral and other sums payable under the Note Documents shall be deemed a “Revolving Loan”in full no later than that date.

The Revolving Loans. Subject Upon the satisfaction of the conditions precedent set forth in Section 4.2 and prior to and upon the Facility Termination Date, each Lender severally agrees, on the terms and conditions herein set forth, the Revolving Holders agree to make advances to the Companies (each a “Revolving Loan” and, collectively, the “Revolving Loans”) from time to time from the date hereof and prior to the Revolving Commitment Termination Date forth in the aggregate principal amount outstanding at any one time not to exceed the Revolving Commitment; provided that Revolving Loans shall not be made more frequently than six (6) times each calendar month. The Revolving Loans shall be evidenced by one or more Revolving Notes, dated as of the Date of Closing, and the Companies will deliver to you on the Date of Closing, at the offices of King & Spalding LLP, 1185 Avenue of the Xxxxxxxx, Xxx Xxxx, Xxx Xxxx, 00000-0000, one or more Revolving Notes registered in its name, evidencing in the aggregate for all Revolving Holders the amount of the Revolving Commitment as of the Date of Closing, and in the denominations specified in the Schedule B attached hereto. The principal amount of each Revolving Loan shall be equal to at least $100,000, and shall be an integral multiple of $50,000 or such lesser amount as shall be available to be drawn under the Revolving Notes. At the time of the making of each Revolving Loan and at the time of the making of each payment of principal on any Revolving Note, the applicable Revolving Holder shall make a notation in the records of such Revolving Holder, specifying the date and the amount of the Revolving Loan or payment; provided that the failure of such Revolving Holder to do so or any other inaccuracy in such records shall not affect the obligations of the Companies otherwise under this Agreement and any Revolving Note. Within the limits of the Revolving Commitment(including, subject to without limitation, the terms and conditions hereofof Sections 2.11 and 8.1 relating to the reduction, suspension or termination of the Companies may borrow from time to time (but not more frequently than six (6) times each calendar month) in accordance with Section 2.2(bAggregate Revolving Commitment), shall or may repay to make Revolving Loans to the Borrower from time to time in accordance with Section 8.1an aggregate principal amount that will not result in (i) such Lender's Revolving Exposure exceeding such Lender's Revolving Commitment or (ii) the aggregate Revolving Exposures exceeding the Aggregate Revolving Commitments. Subject to the terms of this Agreement (including, without limitation, the terms and conditions of Sections 2.11 and 8.1 relating to the reduction, suspension or termination of the Aggregate Revolving Commitment), the Borrower may borrow, repay and reborrow (but not more frequently than six (6) times each calendar month) Revolving Loans at any time prior to the Facility Termination Date. Unless earlier terminated in accordance with Section 2.2(b). In additionthe terms and conditions of this Agreement, any amounts advanced, at the sole discretion Revolving Commitments of the Revolving HoldersLenders to lend hereunder shall expire on the Facility Termination Date. Notwithstanding anything herein to the contrary, to pay any amount chargeable to or each of the Lenders shall be required to fund its Pro Rata Share of any Revolving Advance made in connection with any L/C Drafts notwithstanding that such Revolving Advance may be paid by made on or after the date of any reduction, suspension or termination of the Companies and which the Companies have failed to pay Aggregate Revolving Commitment pursuant to the terms of, and within the time periods provided under, any Note Document, including payments of reimbursable expenses, expenditures for the protection Section 2.11(b) or preservation of collateral and other sums payable under the Note Documents shall be deemed a “Revolving Loan”8.1.

The Revolving Loans. Subject Upon the satisfaction of the conditions precedent set forth in Sections 4.2 and 4.4 and prior to and upon the Facility Termination Date, each Lender severally agrees, on the terms and conditions herein set forth, the Revolving Holders agree to make advances to the Companies (each a “Revolving Loan” and, collectively, the “Revolving Loans”) from time to time from the date hereof and prior to the Revolving Commitment Termination Date forth in the aggregate principal amount outstanding at any one time not to exceed the Revolving Commitment; provided that Revolving Loans shall not be made more frequently than six (6) times each calendar month. The Revolving Loans shall be evidenced by one or more Revolving Notes, dated as of the Date of Closing, and the Companies will deliver to you on the Date of Closing, at the offices of King & Spalding LLP, 1185 Avenue of the Xxxxxxxx, Xxx Xxxx, Xxx Xxxx, 00000-0000, one or more Revolving Notes registered in its name, evidencing in the aggregate for all Revolving Holders the amount of the Revolving Commitment as of the Date of Closing, and in the denominations specified in the Schedule B attached hereto. The principal amount of each Revolving Loan shall be equal to at least $100,000, and shall be an integral multiple of $50,000 or such lesser amount as shall be available to be drawn under the Revolving Notes. At the time of the making of each Revolving Loan and at the time of the making of each payment of principal on any Revolving Note, the applicable Revolving Holder shall make a notation in the records of such Revolving Holder, specifying the date and the amount of the Revolving Loan or payment; provided that the failure of such Revolving Holder to do so or any other inaccuracy in such records shall not affect the obligations of the Companies otherwise under this Agreement and any Revolving Note. Within the limits of the Revolving Commitment(including, subject to without limitation, the terms and conditions hereofof Sections 2.11 and 8.1 relating to the reduction, suspension or termination of the Companies may borrow from time to time (but not more frequently than six (6) times each calendar month) in accordance with Section 2.2(bAggregate Revolving Commitment), shall or may repay to make Revolving Loans to the Borrower from time to time in accordance with Section 8.1an aggregate principal amount that will not result in (i) such Lender’s Revolving Exposure exceeding such Lender’s Revolving Commitment or (ii) the aggregate Revolving Exposures exceeding the lesser of (x) the Aggregate Revolving Commitments or (y) the Borrowing Base at such time. Subject to the terms of this Agreement (including, without limitation, the terms and conditions of Sections 2.11 and 8.1 relating to the reduction, suspension or termination of the Aggregate Revolving Commitment), the Borrower may borrow, repay and reborrow (but not more frequently than six (6) times each calendar month) Revolving Loans at any time prior to the Facility Termination Date. Unless earlier terminated in accordance with Section 2.2(b). In additionthe terms and conditions of this Agreement, any amounts advanced, at the sole discretion Revolving Commitments of the Revolving HoldersLenders to lend hereunder shall expire on the Facility Termination Date. Notwithstanding anything herein to the contrary, to pay any amount chargeable to or each of the Lenders shall be required to fund its Pro Rata Share of any Revolving Advance made in connection with any L/C Drafts notwithstanding that such Revolving Advance may be paid by made on or after the date of any reduction, suspension or termination of the Companies and which the Companies have failed to pay Aggregate Revolving Commitment pursuant to the terms of, and within the time periods provided under, any Note Document, including payments of reimbursable expenses, expenditures for the protection Section 2.11(b) or preservation of collateral and other sums payable under the Note Documents shall be deemed a “Revolving Loan”8.1.

The Revolving Loans. Subject to and upon the terms and conditions herein of this Agreement and in reliance upon the representations and warranties of the Borrower set forthforth herein, each Bank hereby severally agrees, subject to the limitations set forth below with respect to the maximum amount of Revolving Holders agree Loans permitted to be outstanding from time to time, to make advances Revolving Loans to the Companies (each a “Revolving Loan” and, collectively, the “Revolving Loans”) Borrower from time to time during the period from the date hereof and prior to Effective Date through but excluding the Revolving Commitment Termination Date in an amount not exceeding its Pro Rata Share of the difference between the (i) aggregate Revolving Loan Commitments (as defined below) then in effect and (ii) the sum of (a) the aggregate principal amount of Swing Line Loans then outstanding at any one time not (excluding Swing Line Loans to exceed be repaid with the proceeds of such Revolving Commitment; provided that Loans) and (b) the Letter of Credit Usage for the purposes identified in Section 2.08. Each Bank's commitment to maintain and make Revolving Loans shall not be made more frequently than six (6to the Borrower pursuant to this Section 2.01(a) times each calendar month. The Revolving Loans shall be evidenced by one or more Revolving Notes, dated as is hereby called its "REVOLVING LOAN COMMITMENT" and such commitments of all the Date of Closing, and the Companies will deliver to you on the Date of Closing, at the offices of King & Spalding LLP, 1185 Avenue of the Xxxxxxxx, Xxx Xxxx, Xxx Xxxx, 00000-0000, one or more Revolving Notes registered in its name, evidencing Banks in the aggregate for all Revolving Holders are herein called the amount of the Revolving Commitment as of the Date of Closing, and in the denominations specified in the Schedule B attached hereto. "REVOLVING LOAN COMMITMENTS." The principal initial amount of each Bank's Revolving Loan shall be equal to at least $100,000, Commitment is set forth in SCHEDULE 1.01(A) and shall be an integral multiple the aggregate initial amount of $50,000 or such lesser amount as shall be available to be drawn under the Revolving Notes. At the time of the making of each all Revolving Loan and at the time of the making of each payment of principal on any Revolving Note, the applicable Revolving Holder shall make a notation in the records of such Revolving Holder, specifying the date and the Commitments is $175,000,000. The amount of the Revolving Loan Commitments shall be reduced by the amount of all reductions thereof made pursuant to Section 4.02 or payment; provided that Section 9 through the failure date of such Revolving Holder to do so or any other inaccuracy in such records determination. In no event shall not affect the obligations of the Companies otherwise under this Agreement and any Revolving Note. Within the limits aggregate principal amount of the Revolving CommitmentLoans from any Bank outstanding at any time exceed the amount of its Revolving Loan Commitment then in effect. Each Bank's Revolving Loan Commitment shall expire on the Termination Date and all Revolving Loans and all other amounts owed hereunder with respect to the Revolving Loans, the Revolving Loan Commitments, or otherwise (including, without limitation, any cash deposit required under Section 2.10(a) with respect to any Letter of Credit having an expiration date subsequent to the Termination Date) shall be paid in full no later than that date. Notwithstanding the foregoing provisions of this Section 2.01(a) and the provisions of Section 2.01(b), the extensions of credit under the Revolving Loan Commitments shall be subject to the terms following limitations in the amounts and conditions hereof, during the Companies may borrow from time to time (but not more frequently than six (6) times each calendar month) in accordance with Section 2.2(b), shall or may repay from time to time in accordance with Section 8.1, and may reborrow (but not more frequently than six (6) times each calendar month) in accordance with Section 2.2(b). In addition, any amounts advanced, at the sole discretion of the Revolving Holders, to pay any amount chargeable to or required to be paid by any of the Companies and which the Companies have failed to pay pursuant to the terms of, and within the time periods provided under, any Note Document, including payments of reimbursable expenses, expenditures for the protection or preservation of collateral and other sums payable under the Note Documents shall be deemed a “Revolving Loan”.indicated:

The Revolving Loans. Subject Upon the satisfaction of the conditions precedent set forth in Section 4.2 and prior to and upon the Facility Termination Date, each Lender severally agrees, on the terms and conditions herein set forth, the Revolving Holders agree to make advances to the Companies (each a “Revolving Loan” and, collectively, the “Revolving Loans”) from time to time from the date hereof and prior to the Revolving Commitment Termination Date forth in the aggregate principal amount outstanding at any one time not to exceed the Revolving Commitment; provided that Revolving Loans shall not be made more frequently than six (6) times each calendar month. The Revolving Loans shall be evidenced by one or more Revolving Notes, dated as of the Date of Closing, and the Companies will deliver to you on the Date of Closing, at the offices of King & Spalding LLP, 1185 Avenue of the Xxxxxxxx, Xxx Xxxx, Xxx Xxxx, 00000-0000, one or more Revolving Notes registered in its name, evidencing in the aggregate for all Revolving Holders the amount of the Revolving Commitment as of the Date of Closing, and in the denominations specified in the Schedule B attached hereto. The principal amount of each Revolving Loan shall be equal to at least $100,000, and shall be an integral multiple of $50,000 or such lesser amount as shall be available to be drawn under the Revolving Notes. At the time of the making of each Revolving Loan and at the time of the making of each payment of principal on any Revolving Note, the applicable Revolving Holder shall make a notation in the records of such Revolving Holder, specifying the date and the amount of the Revolving Loan or payment; provided that the failure of such Revolving Holder to do so or any other inaccuracy in such records shall not affect the obligations of the Companies otherwise under this Agreement and any Revolving Note. Within the limits of the Revolving Commitment(including, subject to without limitation, the terms and conditions hereofof Sections 2.11 and 8.1 relating to the reduction, suspension or termination of the Companies may borrow from time to time (but not more frequently than six (6) times each calendar month) in accordance with Section 2.2(bAggregate Revolving Commitment), shall or may repay to make Revolving Loans to the Borrower from time to time in accordance with Section 8.1an aggregate principal amount that will not result in (i) such Lender’s Revolving Exposure exceeding such Lender’s Revolving Commitment or (ii) the aggregate Revolving Exposures exceeding the Aggregate Revolving Commitments. Subject to the terms of this Agreement (including, without limitation, the terms and conditions of Sections 2.11 and 8.1 relating to the reduction, suspension or termination of the Aggregate Revolving Commitment), the Borrower may borrow, repay and reborrow (but not more frequently than six (6) times each calendar month) Revolving Loans at any time prior to the Facility Termination Date. Unless earlier terminated in accordance with Section 2.2(b). In additionthe terms and conditions of this Agreement, any amounts advanced, at the sole discretion Revolving Commitments of the Revolving HoldersLenders to lend hereunder shall expire on the Facility Termination Date. Notwithstanding anything herein to the contrary, to pay any amount chargeable to or each of the Lenders shall be required to fund its Pro Rata Share of any Revolving Advance made in connection with any L/C Drafts notwithstanding that such Revolving Advance may be paid by made on or after the date of any reduction, suspension or termination of the Companies and which the Companies have failed to pay Aggregate Revolving Commitment pursuant to the terms of, and within the time periods provided under, any Note Document, including payments of reimbursable expenses, expenditures for the protection Section 2.11(b) or preservation of collateral and other sums payable under the Note Documents shall be deemed a “Revolving Loan”8.1.

The Revolving Loans. Subject From and including the Effective Date and prior to and upon the Facility Termination Date, each Lender severally agrees, on the terms and conditions herein set forthforth in this Agreement (including, without limitation, the Revolving Holders agree terms and conditions of SECTION 2.10 and SECTION 9.1 relating to the reduction, suspension or termination of the Aggregate Commitment), to make advances Revolving Loans in Dollars to the Companies Borrower from time to time in an aggregate amount, together with such Lender's L/C Interest and Swing Line Interest, not to exceed (except as otherwise contemplated by the last sentence of SECTION 2.19) at any one time outstanding the amount of such Lender's Commitment; PROVIDED, HOWEVER, that the Aggregate Commitment shall be deemed used for purposes of determining the availability of Revolving Loans (but not for purposes of determining each a “Revolving Loan” andLender's commitment fee pursuant to SECTION 2.10, collectively, the “Revolving Loans”which commitment fee shall be determined for each Lender as described in SECTION 2.10) from time to time from the date hereof and prior to the Revolving Commitment Termination Date in extent of (x) the aggregate L/C Obligations then outstanding and (y) the aggregate principal amount outstanding at of any one time not to exceed Swing Line Loans then outstanding, and such deemed use of the Revolving Commitment; provided that Revolving Loans shall not be made more frequently than six (6) times each calendar month. The Revolving Loans Aggregate Commitment shall be evidenced by one or more Revolving Notes, dated as applied to the Lenders ratably according to their respective Commitments. Subject to the terms of the Date of Closing, and the Companies will deliver to you on the Date of Closing, at the offices of King & Spalding LLP, 1185 Avenue of the Xxxxxxxx, Xxx Xxxx, Xxx Xxxx, 00000-0000, one or more Revolving Notes registered in its name, evidencing in the aggregate for all Revolving Holders the amount of the Revolving Commitment as of the Date of Closing, and in the denominations specified in the Schedule B attached hereto. The principal amount of each Revolving Loan shall be equal to at least $100,000, and shall be an integral multiple of $50,000 or such lesser amount as shall be available to be drawn under the Revolving Notes. At the time of the making of each Revolving Loan and at the time of the making of each payment of principal on any Revolving Note, the applicable Revolving Holder shall make a notation in the records of such Revolving Holder, specifying the date and the amount of the Revolving Loan or payment; provided that the failure of such Revolving Holder to do so or any other inaccuracy in such records shall not affect the obligations of the Companies otherwise under this Agreement and any Revolving Note. Within the limits of the Revolving Commitment(including, subject to without limitation, the terms and conditions hereofof SECTION 2.10 and SECTION 9.1 relating to the reduction, suspension or termination of the Aggregate Commitment), the Companies Borrower may borrow from borrow, repay and reborrow Revolving Loans at any time prior to time (but not more frequently than six (6) times each calendar month) the Facility Termination Date. Unless earlier terminated in accordance with Section 2.2(b)the terms and conditions of this Agreement, shall or may repay from time to time in accordance with Section 8.1, and may reborrow (but not more frequently than six (6) times each calendar month) in accordance with Section 2.2(b). In addition, any amounts advanced, at the sole discretion Commitments of the Revolving Holders, Lenders to pay any amount chargeable to or required to be paid by any of lend hereunder shall expire on the Companies and which the Companies have failed to pay pursuant to the terms of, and within the time periods provided under, any Note Document, including payments of reimbursable expenses, expenditures for the protection or preservation of collateral and other sums payable under the Note Documents shall be deemed a “Revolving Loan”Facility Termination Date.

The Revolving Loans. Subject Upon the satisfaction of the conditions precedent set forth in Section 4.2 and 4.4 and prior to and upon the Facility Termination Date, each Lender severally agrees, on the terms and conditions herein set forth, the Revolving Holders agree to make advances to the Companies (each a “Revolving Loan” and, collectively, the “Revolving Loans”) from time to time from the date hereof and prior to the Revolving Commitment Termination Date forth in the aggregate principal amount outstanding at any one time not to exceed the Revolving Commitment; provided that Revolving Loans shall not be made more frequently than six (6) times each calendar month. The Revolving Loans shall be evidenced by one or more Revolving Notes, dated as of the Date of Closing, and the Companies will deliver to you on the Date of Closing, at the offices of King & Spalding LLP, 1185 Avenue of the Xxxxxxxx, Xxx Xxxx, Xxx Xxxx, 00000-0000, one or more Revolving Notes registered in its name, evidencing in the aggregate for all Revolving Holders the amount of the Revolving Commitment as of the Date of Closing, and in the denominations specified in the Schedule B attached hereto. The principal amount of each Revolving Loan shall be equal to at least $100,000, and shall be an integral multiple of $50,000 or such lesser amount as shall be available to be drawn under the Revolving Notes. At the time of the making of each Revolving Loan and at the time of the making of each payment of principal on any Revolving Note, the applicable Revolving Holder shall make a notation in the records of such Revolving Holder, specifying the date and the amount of the Revolving Loan or payment; provided that the failure of such Revolving Holder to do so or any other inaccuracy in such records shall not affect the obligations of the Companies otherwise under this Agreement and any Revolving Note. Within the limits of the Revolving Commitment(including, subject to without limitation, the terms and conditions hereofof Section 2.11 and Section 8.1 relating to the reduction, suspension or termination of the Companies may borrow from time to time (but not more frequently than six (6) times each calendar month) in accordance with Section 2.2(bAggregate Revolving Commitment), shall or may repay to make Revolving Loans to the Borrower from time to time in accordance with Section 8.1an aggregate amount not to exceed at any one time outstanding the amount of such Lender’s Revolving Commitment; provided, however, that the Aggregate Revolving Commitment shall be deemed used from time to time to the extent of the aggregate L/C Obligations and the balance of any Swing Line Loans then outstanding, and such deemed use of the Aggregate Revolving Commitment shall be applied to the Lenders ratably according to their respective Revolving Commitments. Subject to the terms of this Agreement (including, without limitation, the terms and conditions of Section 2.11 and Section 8.1 relating to the reduction, suspension or termination of the Aggregate Revolving Commitment), the Borrower may borrow, repay and reborrow (but not more frequently than six (6) times each calendar month) Revolving Loans at any time prior to the Facility Termination Date. Unless earlier terminated in accordance with Section 2.2(b). In additionthe terms and conditions of this Agreement, any amounts advanced, at the sole discretion Revolving Commitments of the Revolving HoldersLenders to lend hereunder shall expire on the Facility Termination Date. Notwithstanding anything herein to the contrary, to pay any amount chargeable to or each of the Lenders shall be required to fund its ratable share of any Revolving Advance made in connection with any L/C Drafts notwithstanding that such Revolving Advance may be paid by made on or after the date of any reduction, suspension or termination of the Companies and which the Companies have failed to pay Aggregate Revolving Commitment pursuant to the terms of, and within the time periods provided under, any Note Document, including payments of reimbursable expenses, expenditures for the protection Section 2.11(b) or preservation of collateral and other sums payable under the Note Documents shall be deemed a “Revolving Loan”Section 8.1.

The Revolving Loans. Subject From and including the Closing Date and prior to and upon the Commitment Termination Date, each Lender severally agrees, on the terms and conditions herein set forthforth in this Agreement (including, without limitation, the Revolving Holders agree terms and conditions of SECTION 2.10 and SECTION 9.1 relating to the reduction, suspension or termination of the Aggregate Commitment), to make advances Revolving Loans in Dollars to the Companies Borrowers (each who shall borrow on a “Revolving Loan” and, collectively, the “Revolving Loans”joint and several basis) from time to time in an aggregate amount, together with such Lender's L/C Interest, not to exceed at any one time outstanding the amount of such Lender's Commitment; PROVIDED, HOWEVER, that the Aggregate Commitment shall be deemed used for purposes of determining the availability of Revolving Loans (but not for purposes of determining each Lender's commitment fee pursuant to SECTION 2.10, which commitment fee shall be determined for each Lender as described in SECTION 2.10) from time to time to the date hereof extent of the aggregate L/C Obligations then outstanding, and such deemed use of the Aggregate Commitment shall be applied to the Lenders ratably according to their respective Commitments. Subject to the terms of this Agreement (including, without limitation, the terms and conditions of SECTION 2.10 and SECTION 9.1 relating to the reduction, suspension or termination of the Aggregate Commitment), the Borrowers may borrow, repay and reborrow Revolving Loans at any time prior to the Revolving Commitment Termination Date. Unless earlier terminated in accordance with the terms and conditions of this Agreement, the Commitments of the Lenders to lend hereunder shall expire on the Commitment Termination Date. Anything contained in this Agreement to the contrary notwithstanding, the Revolving Loans and the Commitments shall be subject to the following limitations in the amounts and during the periods indicated: (a) in no event shall the Total Utilization of Commitments at any time outstanding exceed the least of (i) pending the entry of a Final Borrowing Order, $60,000,000, (ii) until (x) the first delivery to the Agent after the Closing Date of the financial statements and Compliance Certificate required to be delivered pursuant to SECTIONS 7.1(b) and 7.1(e) demonstrating compliance with the relevant covenants in ARTICLE VII and (y) the delivery to the Agent of the Requisite Collateral Information, the sum of (a) $80,000,000 PLUS (b) any Advances made hereunder which are applied, on or after the entry of the Final Borrowing Order, to finance the repayment by Neweol (Delaware), L.L.C. of the Fairway Receivables Facility in accordance with SECTION 7.16, and thereafter, the Aggregate Commitment, and (iii) the amount permitted to be outstanding hereunder pursuant to the Interim Borrowing Order or Final Borrowing Order, as applicable; and (b) excluding all Advances hereunder to make Closing Date Payments and the effect of any mandatory prepayments under SECTION 2.10(b)(i) or (ii), the aggregate principal amount outstanding at any one time not to exceed the Revolving Commitment; provided that of Revolving Loans outstanding on any date of determination shall not be made exceed by more frequently than six (6) times each calendar month. The Revolving Loans shall be evidenced by one or more Revolving Notes, dated as of $15,000,000 the Date of Closing, and the Companies will deliver to you on the Date of Closing, at the offices of King & Spalding LLP, 1185 Avenue of the Xxxxxxxx, Xxx Xxxx, Xxx Xxxx, 00000-0000, one or more Revolving Notes registered in its name, evidencing in the highest aggregate for all Revolving Holders the amount of the Revolving Commitment as of the Date of Closing, and in the denominations specified in the Schedule B attached hereto. The principal amount of each Revolving Loan shall be equal Loans outstanding as of any date after the Closing Date which is less than 30 days prior to at least $100,000such date of determination. The Borrowers agree, jointly and shall be an integral multiple of $50,000 or such lesser amount as shall be available severally, to be drawn under immediately prepay the Revolving Notes. At Loans in the time of the making of each Revolving Loan amounts and at the time of times as may be necessary to comply with the making of each payment of principal on any Revolving Note, the applicable Revolving Holder shall make a notation in the records of such Revolving Holder, specifying the date and the amount of the Revolving Loan or payment; provided that the failure of such Revolving Holder to do so or any other inaccuracy in such records shall not affect the obligations of the Companies otherwise under this Agreement and any Revolving Note. Within the limits of the Revolving Commitment, subject to the terms and conditions hereof, the Companies may borrow from time to time (but not more frequently than six (6) times each calendar month) in accordance with Section 2.2(b), shall or may repay from time to time in accordance with Section 8.1, and may reborrow (but not more frequently than six (6) times each calendar month) in accordance with Section 2.2(b). In addition, any amounts advanced, at the sole discretion of the Revolving Holders, to pay any amount chargeable to or required to be paid by any of the Companies and which the Companies have failed to pay pursuant to the terms of, and within the time periods provided under, any Note Document, including payments of reimbursable expenses, expenditures for the protection or preservation of collateral and other sums payable under the Note Documents shall be deemed a “Revolving Loan”immediately preceding sentence.