Common use of Commitment to Lend Clause in Contracts

Commitment to Lend. Subject to the terms and conditions set forth in this Credit Agreement, each of the Banks severally agrees to lend to the Borrower and the Borrower may borrow, repay, and reborrow from time to time between the Closing Date and the Revolving Credit Loan Maturity Date upon notice by the Borrower to the Agent given in accordance with ss.2.6, such sums as are requested by the Borrower up to a maximum aggregate amount outstanding (after giving effect to all amounts requested) at any one time equal to such Bank's Commitment MINUS such Bank's Commitment Percentage of the sum of the Maximum Drawing Amount and all Unpaid Reimbursement Obligations, PROVIDED that the sum of the outstanding amount of the Loans (after giving effect to all amounts requested) PLUS the Maximum Drawing Amount and all Unpaid Reimbursement Obligations shall not at any time exceed the Total Commitment. The Loans shall be made PRO RATA in accordance with each Bank's Commitment Percentage. Each request for a Loan hereunder shall constitute a representation and warranty by the Borrower that the conditions set forth in ss.11 and ss.12, in the case of the initial Loans to be made on the Closing Date, and ss.12, in the case of all other Loans, have been satisfied on the date of such request.

Commitment to Lend. Subject to the terms and conditions set forth in this Credit Agreement, each of the Banks Lenders severally agrees to lend to the Borrower and the Borrower may borrow, repay, and reborrow from time to time between from the Closing Date and to the Revolving Credit Loan Final Maturity Date upon notice by the Borrower to the Administrative Agent given in accordance with ss.2.6Section 2.6, such sums as are requested by the Borrower up to a maximum aggregate amount outstanding (after giving effect to all amounts requested) at any one time equal to such BankLender's Commitment MINUS such BankLender's Commitment Percentage of the sum of the Maximum Drawing Amount and all Unpaid Reimbursement Obligations, ; PROVIDED that the sum of the outstanding amount of the Loans (after giving effect to all amounts requested) PLUS the Maximum Drawing Amount and all Unpaid Reimbursement Obligations shall not at any time exceed the Total CommitmentCommitment at such time. The Revolving Credit Loans shall be made PRO RATA in accordance with each BankLender's Commitment Percentage. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower that the conditions set forth in ss.11 Section 11 and ss.12Section 12, in the case of the initial Revolving Credit Loans to be made on the Closing Date, and ss.12Section 12, in the case of all other Revolving Credit Loans, have been satisfied on the date of such request.

Commitment to Lend. Subject to the terms and conditions set forth in this Credit Agreement, each of the Banks Lenders severally agrees to lend to the Borrower Borrowers and the Borrower Borrowers may borrow, repay, and reborrow from time to time between the Closing Date and the Revolving Credit Loan Maturity Date upon notice by the Borrower Borrowers to the Administrative Agent given in accordance with ss.2.6ss.2.7, such sums as are requested by the Borrower Borrowers up to a maximum aggregate amount outstanding (after giving effect to all amounts requested) at any one time equal to such BankLender's Commitment MINUS minus such BankLender's Commitment Percentage of the sum of the Maximum Drawing Amount, the Acceptance Face Amount and all Unpaid Reimbursement Obligations, PROVIDED ; provided that the sum of the outstanding aggregate amount of the all Loans (after giving effect to all amounts requested) PLUS plus the Maximum Drawing Amount and Amount, plus the Acceptance Face Amount, plus all Unpaid Reimbursement Obligations shall not at any time exceed the Total Commitment. The Loans shall be made PRO RATA pro rata in accordance with each BankLender's Commitment Percentage. Each request for a Loan hereunder shall constitute a representation and warranty by the Borrower Obligors that the conditions set forth in ss.11 and ss.12, in the case of the initial Loans to be made on the Closing Date, and ss.12, in the case of all other Loans, have been satisfied on the date of such request.

Commitment to Lend. Subject to the terms and conditions set forth in this Credit Agreement, each of the Banks Lenders severally agrees to lend to the Borrower and the Borrower may borrow, repay, and reborrow from time to time between from the Closing Date and up to but not including the Revolving Credit Loan Maturity Date upon notice by the Borrower to the Agent given in accordance with ss.2.6§2.6, such sums as are requested by the Borrower up to a maximum aggregate amount outstanding (after giving effect to all amounts requested) at any one time equal to such Bank's Lender’s Commitment MINUS minus such Bank's Lender’s Commitment Percentage of the sum of the Maximum Drawing Amount and all Unpaid Reimbursement Obligations, PROVIDED provided that the sum of the outstanding amount of the Revolving Credit Loans (after giving effect to all amounts requested) PLUS plus Swing Line Loans plus the Maximum Drawing Amount and all Unpaid Reimbursement Obligations shall not at any time exceed the lesser of (i) the Total CommitmentCommitment at such time and (ii) the Borrowing Base at such time. The Revolving Credit Loans shall be made PRO RATA pro rata in accordance with each Bank's Lender’s Commitment Percentage. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower that the conditions set forth in ss.11 §11 and ss.12§12, in the case of the initial Revolving Credit Loans to be made on the Closing Date, and ss.12§12, in the case of all other Revolving Credit Loans, have been satisfied on the date of such request.

Commitment to Lend. Subject to the terms and conditions set forth in this Credit Agreement, each of the Banks Lenders severally agrees to lend to the Borrower Borrowers and the each Borrower may borrow, repay, and reborrow from time to time between from the Closing Effective Date and up to but not including the Revolving Credit Loan Maturity Date upon notice by the a Borrower to the Administrative Agent given in accordance with ss.2.6§2.6, such sums as are requested by the such Borrower up to a maximum aggregate amount outstanding (after giving effect to all amounts requested) at any one time equal to such Bank's Lender’s Commitment MINUS minus such Bank's Lender’s Commitment Percentage of the sum of the Maximum Drawing Amount and all Unpaid Reimbursement Obligations, PROVIDED provided that the sum of the outstanding amount of the Revolving Credit Loans (after giving effect to all amounts requested) PLUS plus the Maximum Drawing Amount and all Unpaid Reimbursement Obligations shall not at any time exceed the Total CommitmentRevolving Credit Commitment at such time. The Revolving Credit Loans shall be made PRO RATA pro rata in accordance with each Bank's Lender’s Commitment Percentage. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower Borrowers that the conditions set forth in ss.11 §12 and ss.12§13, in the case of the any initial Revolving Credit Loans to be made on the Closing Effective Date, and ss.12§13, in the case of all other Revolving Credit Loans, have been satisfied on the date of such request.

Commitment to Lend. Subject to the terms and conditions set forth in this Credit Agreement, each of the Banks severally agrees to lend to the Borrower Borrowers and the Borrower Borrowers may borrow, repay, and reborrow from time to time between from the Closing Date and up to but not including the Revolving Credit Loan Maturity Date upon notice by the Borrower Borrowers to the Administrative Agent given in accordance with ss.2.6§2.6, such sums as are requested by the Borrower Borrowers up to a maximum aggregate amount outstanding (after giving effect to all amounts requested) at any one time equal to such Bank's ’s Commitment MINUS minus such Bank's ’s Commitment Percentage of the sum of the Maximum Drawing Amount and all Unpaid unpaid Reimbursement Obligations, PROVIDED provided that the sum of the outstanding amount of the Loans Revolving Credit Loans, Swing Line Loans, unpaid Reimbursement Obligations and the Maximum Drawing Amount (after giving effect to all amounts requested) PLUS the Maximum Drawing Amount and all Unpaid Reimbursement Obligations shall not exceed a maximum aggregate amount outstanding of $175,000,000 at any time exceed time, as such amount may be reduced or increased pursuant to §2.2 hereof (the “Total Commitment”). The Revolving Credit Loans shall be made PRO RATA pro rata in accordance with each Bank's ’s Commitment Percentage. Each request for a Loan hereunder shall constitute a representation and warranty by the Borrower Borrowers that the conditions set forth in ss.11 §9 and ss.12§10, in as the case of the initial Loans to be made on the Closing Date, and ss.12, in the case of all other Loansmay be, have been satisfied on the date of such request.

Commitment to Lend. Subject to the terms and conditions set forth in this Credit Agreement, each of the Banks severally agrees to lend to the Borrower and the Borrower may borrow, repay, and reborrow from time to time between the Closing Effective Date and the Revolving Credit Loan Maturity Date upon notice by the Borrower to the Agent given in accordance with ss.2.6(S)2.6, such sums as are requested by the Borrower up to a maximum aggregate amount outstanding (after giving effect to all amounts requested) at any one time equal to such Bank's Commitment MINUS minus such Bank's ----- Revolving Credit Loan Commitment Percentage of the sum of the Maximum Drawing Amount and all Unpaid Reimbursement Obligations, PROVIDED provided that the sum of the -------- outstanding amount of the Revolving Credit Loans (after giving effect to all amounts requested) PLUS plus the Maximum Drawing Amount and all Unpaid Reimbursement ---- Obligations shall not at any time exceed the Total Commitment. The Revolving Credit Loans shall be made PRO RATA pro rata in accordance with each Bank's Revolving --- ---- Credit Loan Commitment Percentage. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower that the conditions set forth in ss.11 (S)12 and ss.12(S)13, in the case of the initial Revolving Credit Loans to be made on the Closing Effective Date, and ss.12(S)13, in the case of all other Revolving Credit Loans, have been satisfied on the date of such request.

Commitment to Lend. Subject to the terms and conditions set forth in this Credit Agreement, each of the Banks severally agrees to lend to the Borrower and the Borrower may borrow, repay, and reborrow from time to time between the Closing Date and the Revolving Credit Loan Maturity Date upon notice by the Borrower to the Agent given in accordance with ss.2.6Section 2.6, such sums as are requested by the Borrower up to a maximum aggregate amount outstanding Outstanding (after giving effect to all amounts requested) at any one time equal to such Bank's Revolving Credit Commitment MINUS such Bank's Commitment Percentage of PROVIDED the sum of the Maximum Drawing Amount and all Unpaid Reimbursement Obligations, PROVIDED that the sum of the outstanding Outstanding amount of the Revolving Credit Loans (after giving effect to all amounts requested) ), PLUS the Maximum Drawing Amount and Amount, PLUS all Unpaid Reimbursement Obligations shall not at any time exceed the Total Revolving Credit Commitment. The Revolving Credit Loans shall be made PRO RATA in accordance with each Bank's Revolving Credit Commitment Percentage. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower that the conditions set forth in ss.11 Section 12 and ss.12Section 13, in the case of the initial Revolving Credit Loans to be made on the Closing Date, and ss.12Section 13, in the case of all other Revolving Credit Loans, have been satisfied on the date of such request.

Commitment to Lend. Subject to the terms and conditions set forth in this Credit Agreement, each of the Banks severally agrees to lend to the Borrower and the Borrower may borrow, repay, and reborrow from time to time between from the Closing Date and up to but not including the Revolving Credit Loan Maturity Date upon notice by the Borrower to the Agent given in accordance with ss.2.6Section 2.6, such sums as are requested by the Borrower up to a maximum aggregate amount outstanding Outstanding (after giving effect to all amounts requested) at any one time equal to such Bank's Commitment MINUS such Bank's Commitment Percentage of the sum of the Maximum Drawing Amount and all Unpaid Reimbursement Obligations, PROVIDED that the sum of the outstanding Outstanding amount of the Loans (after giving effect to all amounts requested) PLUS the Maximum Drawing Amount and all Unpaid Reimbursement Obligations shall not at any time exceed the Total Commitment. The Loans shall be made PRO RATA in accordance with each Bank's Commitment Percentage. Each request for a Loan hereunder shall constitute a representation and warranty by the Borrower that the conditions set forth in ss.11 Section 11 and ss.12Section 12, in the case of the initial Loans to be made on the Closing Date, and ss.12Section 12, in the case of all other Loans, have been satisfied on the date of such request.

Commitment to Lend. Subject to the terms and conditions set forth in this Credit Agreement, each of the Dollar Banks severally agrees to lend to the Borrower and the Borrower may borrow, repay, and reborrow from time to time between the Closing Date and the Revolving Credit Loan Revolver Maturity Date upon notice by the Borrower to the Dollar Agent given in accordance with ss.2.6ss.8.3, such sums as are requested by the Borrower up to a maximum aggregate amount outstanding (after giving effect to all amounts requested) at any one time equal to such Dollar Bank's Commitment MINUS minus such Dollar Bank's Commitment Percentage of the sum of the Maximum Drawing Amount and all Unpaid Reimbursement Obligations, PROVIDED provided that the sum of the outstanding amount of the Revolving Credit Loans (after giving effect to all amounts requested) PLUS plus the Maximum Drawing Amount and all Unpaid Reimbursement Obligations shall not at any time exceed the Total Revolver Commitment. The Revolving Credit Loans shall be made PRO RATA pro rata in accordance with each Dollar Bank's Commitment Percentage. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower that the conditions set forth in ss.11 ss.14 and ss.12ss.15, in the case of the initial Revolving Credit Loans to be made on the Closing Date, and ss.12ss.15, in the case of all other Revolving Credit Loans, have been satisfied on the date of such request.

Commitment to Lend. Subject to the terms and conditions set forth in this Credit Agreement, each of the Banks Lenders severally agrees to lend to the Borrower and the Borrower may borrow, repay, and reborrow from time to time between from the Closing Date and up to but not including the Revolving Credit Loan Maturity Date upon notice by the Borrower to the Administrative Agent given in accordance with ss.2.6Section 2.6, such sums as are requested by the Borrower up to a maximum aggregate amount outstanding (after giving effect to all amounts requested) at any one time equal to such BankLender's Commitment MINUS minus such BankLender's Commitment Percentage of the sum of the Maximum Drawing Amount and all Unpaid Reimbursement Obligations, PROVIDED provided that the sum of the outstanding amount of the Revolving Credit Loans (after giving effect to all amounts requested) PLUS plus the Maximum Drawing Amount and all Unpaid Reimbursement Obligations shall not at any time exceed the Total CommitmentCommitment at such time. The Revolving Credit Loans shall be made PRO RATA pro rata in accordance with each BankLender's Commitment Percentage. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower that the conditions set forth in ss.11 Section 12 and ss.12Section 13, in the case of the initial Revolving Credit Loans to be made on the Closing Date, and ss.12Section 13, in the case of all other Revolving Credit Loans, have been satisfied on the date of such request.

Commitment to Lend. Subject to the terms and conditions ------------------- set forth in this Credit Agreement, each of the Banks Lenders severally agrees to lend to the Borrower and the Borrower may borrow, repay, and reborrow from time to time between the Closing Date date of this Credit Agreement and the Revolving Credit Loan Maturity Date upon notice by the Borrower to the Administrative Agent given in accordance with ss.2.6, Section 2.5 such sums as are may be requested by the Borrower up to a maximum aggregate principal amount outstanding (after giving effect to all amounts Loans then being requested) at any one time equal to such BankLender's Commitment MINUS minus such BankLender's Commitment Percentage of the sum of the Maximum Drawing Amount and all Unpaid Reimbursement Obligations, PROVIDED ; provided that the sum of the outstanding amount of the Loans (after giving effect to all amounts Loans then being requested) PLUS plus the Maximum Drawing Amount and plus all Unpaid Reimbursement Obligations shall not at any time exceed the Total Commitment. The Loans shall be made PRO RATA pro rata in accordance with each BankLender's Commitment Percentage. Each request for a Loan hereunder shall constitute a representation and warranty by the Borrower that the conditions set forth in ss.11 Section 9 and ss.12Section 10, in the case of the initial Loans to be made on the Closing Date, and ss.12Section 10, in the case of all other Loans, have been satisfied on the date of such request. Each Loan shall be denominated in Dollars.

Commitment to Lend. Subject to the terms and conditions set forth in this Credit Agreement, each of the Banks Lenders severally agrees to lend to the Borrower and the Borrower may borrow, repay, and reborrow from time to time between from the Closing Date and up to but not including the Revolving Credit Loan Maturity Date upon notice by the Borrower to the Administrative Agent given in accordance with ss.2.6Section 2.6, such sums as are requested by the Borrower up to a maximum aggregate amount outstanding (after giving effect to all amounts requested) at any one time equal to such BankLender's Commitment MINUS such BankLender's Commitment Percentage of the sum of the Maximum Drawing Amount and all Unpaid Reimbursement Obligations, PROVIDED that the sum of the outstanding amount of the Revolving Credit Loans (after giving effect to all amounts requested) PLUS the Maximum Drawing Amount and all Unpaid Reimbursement Obligations shall not at any time exceed the Total CommitmentCommitment at such time. The Revolving Credit Loans shall be made PRO RATA in accordance with each BankLender's Commitment Percentage. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower that the conditions set forth in ss.11 Section 11 and ss.12Section 12, in the case of the initial Revolving Credit Loans to be made on the Closing Date, and ss.12Section 12, in the case of all other Revolving Credit Loans, have been satisfied on the date of such request.

Commitment to Lend. Subject to the terms and conditions set forth in this Credit Agreement, each of the Banks Revolving Credit Lenders severally agrees to lend to the Borrower and the Borrower may borrow, repay, and reborrow from time to time between from the Closing Funding Date and up to but not including the Revolving Credit Loan Maturity Date upon notice by the Borrower to the Administrative Agent given in accordance with ss.2.6§2.6, such sums as are requested by the Borrower up to a maximum aggregate amount outstanding (after giving effect to all amounts requested) at any one time equal to such Bank's Revolving Credit Lender’s Revolving Credit Commitment MINUS minus such Bank's Revolving Credit Lender’s Commitment Percentage of the sum of the Maximum Drawing Amount and all Unpaid Reimbursement Obligations, PROVIDED provided that the sum of the outstanding aggregate amount of the all Revolving Credit Loans (after giving effect to all amounts requested) PLUS plus the Maximum Drawing Amount and all Unpaid Reimbursement Obligations shall not at any time exceed the Total CommitmentRevolving Credit Commitment at such time. The Revolving Credit Loans shall be made PRO RATA pro rata in accordance with each Bank's Revolving Credit Lender’s Commitment PercentagePercentage of the Total Revolving Credit Commitment. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower that the conditions set forth in ss.11 §12 and ss.12§13, in the case of the initial Revolving Credit Loans to be made on the Closing Funding Date, and ss.12§13, in the case of all other Revolving Credit Loans, have been satisfied on the date of such request.

Commitment to Lend. Subject to the terms and conditions set forth in this Credit Agreement, each of the Banks severally agrees to lend to the Borrower and the Borrower may borrow, repay, and reborrow from time to time between the Closing Date and the Revolving Credit Loan Maturity Date upon notice by the Borrower to the Agent given in accordance with ss.2.6(S)2.6 hereof, such sums as are requested by the Borrower up to a maximum aggregate amount outstanding (after giving effect to all amounts requested) at any one time equal to such Bank's Commitment MINUS minus such Bank's Commitment Percentage of the sum of the Maximum Drawing Amount and all Unpaid Reimbursement Obligations, PROVIDED provided that the sum of the outstanding amount of the Revolving Credit Loans (after giving effect to all amounts requested) PLUS plus the Maximum Drawing Amount and all Unpaid Reimbursement Obligations shall not at any time exceed the Total Commitment. The Revolving Credit Loans shall be made PRO RATA pro rata in accordance with each Bank's Commitment Percentage. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower that the conditions set forth in ss.11 (S)11 and ss.12(S)12 hereof, in the case of the initial Revolving Credit Loans to be made or converted on the Closing Date, and ss.12(S)12 hereof, in the case of all other Revolving Credit Loans, have been satisfied on the date of such request.

Commitment to Lend. Subject to the terms and conditions set forth in this Credit Agreement, each of the Banks Lenders severally agrees to lend to the Borrower and the Borrower may borrow, repay, and reborrow from time to time between from the Closing Date and up to but not including the Revolving Credit Loan Maturity Date upon notice by the Borrower to the Administrative Agent given in accordance with ss.2.6(S)2.6, such sums as are requested by the Borrower up to a maximum aggregate amount outstanding (after giving effect to all amounts requested) at any one time equal to such BankLender's Commitment MINUS minus such BankLender's Commitment Percentage of the sum of the Maximum Drawing Amount and all Unpaid Reimbursement Obligations, PROVIDED provided that the sum of the outstanding amount of the Loans (after giving effect to all amounts requested) PLUS plus the Maximum Drawing Amount and all Unpaid Reimbursement Obligations shall not at any time exceed the Total CommitmentCommitment at such time. The Loans shall be made PRO RATA pro rata in accordance with each BankLender's Commitment Percentage. Each request for a Loan hereunder shall constitute a representation and warranty by the Borrower that the conditions set forth in ss.11 (S)11 and ss.12(S)12, in the case of the initial Loans to be made on the Closing Date, and ss.12(S)12, in the case of all other Loans, have been satisfied on the date of such request.

Commitment to Lend. Subject to the terms and conditions set forth in this Credit Agreement, each of the Banks Lenders severally agrees to lend to the Borrower Borrowers and the Borrower Borrowers may borrow, repay, and reborrow from time to time between from the Closing Date and up to but not including the Revolving Credit Loan Maturity Date upon notice by the Borrower Borrowers to the Agent given in accordance with ss.2.6, such sums as are requested by the Borrower Borrowers up to a maximum aggregate amount outstanding (after giving effect to all amounts requested) at any one time equal to such BankLender's Revolving Credit Commitment MINUS minus such BankLender's Commitment Percentage of the sum all Letter of the Maximum Drawing Amount and all Unpaid Reimbursement ObligationsCredit Exposure, PROVIDED provided that the sum of the outstanding amount of the Loans (after giving effect to all amounts requested) PLUS plus the Maximum Drawing Amount and all Unpaid Reimbursement Obligations Letter of Credit Exposure shall not at any time exceed the lesser of (i) the Total CommitmentRevolving Credit Commitment and (ii) the Borrowing Base. The Loans shall be made PRO RATA pro rata in accordance with each BankLender's Commitment Percentage. Each request for a Loan hereunder shall constitute a representation and warranty by the Borrower Borrowers that the conditions set forth in ss.11 and ss.12ss.11, in the case of the initial Loans conditions to be made satisfied on the Closing Date, and ss.12, in the case of all other Loans, have been satisfied on the date of such request.

Commitment to Lend. Subject to the terms and conditions set forth in this Credit Agreement, each of the Banks Lenders severally (and not jointly) agrees to lend to the Borrower and the Borrower may borrow, repay, and reborrow from time to time between the Closing Effective Date and the Revolving Credit Loan Maturity Date upon notice by the Borrower to the Administrative Agent given in accordance with ss.2.6(S)2.6, such sums as are requested by the Borrower up to a maximum aggregate amount outstanding (after giving effect to all amounts requested) at any one time equal to such BankLender's Commitment MINUS minus such BankLender's Commitment Percentage of the sum of the Maximum Drawing Amount and all Unpaid Reimbursement Obligations, PROVIDED provided that the sum of the outstanding amount of the Revolving Credit Loans (after giving effect to all amounts requested) PLUS plus the Maximum Drawing Amount and all Unpaid Reimbursement Obligations shall not at any time exceed the Total CommitmentAvailability. The Revolving Credit Loans shall be made PRO RATA pro rata in accordance with each BankLender's Commitment Percentage. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower that the conditions set forth in ss.11 (S)11 and ss.12(S)12, in the case of the initial Loans to be made on the Closing DateRevolving Credit Loans, and ss.12(S)12, in the case of all other Revolving Credit Loans, have been satisfied on the date of such request.

Commitment to Lend. Subject to the terms and conditions set forth in this Credit Agreement, each of the Banks severally agrees to lend to the Borrower and the Borrower may borrow, repay, and reborrow from time to time between the Closing Date and the Revolving Credit Loan Maturity Date upon notice by the Borrower to the Agent given in accordance with ss.2.6[Section]2.6, such sums as are requested by the Borrower up to a maximum aggregate amount outstanding (after giving effect to all amounts requested) at any one time equal to such Bank's Commitment MINUS such Bank's Commitment Percentage of the sum of the Maximum Drawing Amount and all Unpaid Reimbursement Obligations, PROVIDED that the sum of the outstanding amount of the Loans (after giving effect to all amounts requested) PLUS the Maximum Drawing Amount and all Unpaid Reimbursement Obligations shall not at any time exceed the Total Commitment. The Loans shall be made PRO RATA in accordance with each Bank's Commitment Percentage. Each request for a Loan hereunder shall constitute a representation and warranty by the Borrower that the conditions set forth in ss.11 [Section]11 and ss.12[Section]12, in the case of the initial Loans to be made on the Closing Date, and ss.12[Section]12, in the case of all other Loans, have been satisfied on the date of such request.

Commitment to Lend. Subject to the terms and conditions set forth in this Credit Agreement, each of the Banks severally agrees to lend to the Borrower and the Borrower may borrow, repay, and reborrow from time to time between the Closing Date and the Revolving Credit Loan Maturity Date upon notice by the Borrower to the Agent given in accordance with ss.2.62.6, such sums as are requested by the Borrower up to a maximum aggregate amount outstanding from such Bank (after giving effect to all amounts requested) at any one time equal to such Bank's Commitment MINUS to make Revolving Credit Loans minus such Bank's Commitment Percentage of the sum of the Maximum Drawing Amount and all Unpaid Reimbursement ObligationsAmount, PROVIDED provided that the sum of the outstanding amount of the Revolving Credit Loans (after giving effect to all amounts requested) PLUS plus the Maximum Drawing Amount and all Unpaid Reimbursement Obligations shall not at any time exceed the Total Commitment. The Loans shall be made PRO RATA in accordance with each lesser of (a) the sum of the Bank's Commitment PercentageCommitments to make Revolving Credit Loans and (b) the Borrowing Base. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower that the conditions set forth in ss.11 12 and ss.1213, in the case of the initial Revolving Credit Loans to be made on the Closing Date, and ss.1213, in the case of all other Revolving Credit Loans, have been satisfied on the date of such request.

Commitment to Lend. Subject to the terms and conditions set forth in this Credit Agreement, each of the Banks severally agrees to lend to the Borrower and the Borrower may borrow, repay, and reborrow from time to time between the Closing Date and the Revolving Credit Loan Maturity Date upon notice by the Borrower to the Agent given in accordance with ss.2.6ss 2.6, such sums as are requested by the Borrower up to a maximum aggregate principal amount outstanding (after giving effect to all amounts requested) at any one time equal to such Bank's Commitment MINUS minus such Bank's Commitment Percentage of the sum of the Maximum Drawing Amount and all Unpaid Reimbursement Obligations, PROVIDED provided that the sum of the outstanding amount of the Revolving Credit Loans (after giving effect to all amounts requested) PLUS plus the Maximum Drawing Amount and all Unpaid Reimbursement Obligations shall not at any time exceed the Total Commitment. The Revolving Credit Loans shall be made PRO RATA pro rata in accordance with each Bank's Commitment Percentage. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower that the conditions set forth in ss.11 ss 11 and ss.12ss 12, in the case of the initial Revolving Credit Loans to be made on the Closing Date, and ss.12ss 12, in the case of all other Revolving Credit Loans, have been satisfied on the date of such request.

Commitment to Lend. Subject to the terms and conditions set forth in this Credit Agreement, each of the Banks severally agrees to lend to the Borrower and the Borrower may borrow, repay, and reborrow from time to time between from the Closing Date and up to but not including the Revolving Credit Loan Maturity Date upon notice by the Borrower to the Agent given in accordance with ss.2.6§2.6, such sums as are requested by the Borrower up to a maximum aggregate amount outstanding (after giving effect to all amounts requested) at any one time equal to such Bank's Commitment MINUS minus such Bank's Commitment Percentage of the sum of the Maximum Drawing Amount and all Unpaid Reimbursement Obligations, PROVIDED provided that the sum of the outstanding amount of the Revolving Credit Loans (after giving effect to all amounts requested) PLUS plus the Maximum Drawing Amount and all Unpaid Reimbursement Obligations shall not at any time exceed the Total Commitment. The Revolving Credit Loans shall be made PRO RATA pro rata in accordance with each Bank's Commitment Percentage. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower that the conditions set forth in ss.11 §12 and ss.12§13, in the case of the initial Revolving Credit Loans to be made on the Closing Date, and ss.12§13, in the case of all other Revolving Credit Loans, have been satisfied on the date of such request.

Commitment to Lend. Subject to the terms and conditions set forth in this Credit Agreement, each of the Banks severally agrees to lend to the Borrower and the Borrower may borrow, repay, and reborrow from time to time between from the Closing Date and up to but not including the Revolving Credit Loan Maturity Date upon notice by the Borrower to the Agent given in accordance with ss.2.6, such sums as are requested by the Borrower up to a maximum aggregate amount outstanding (after giving effect to all amounts requested) at any one time equal to such Bank's Commitment MINUS minus such Bank's Commitment Percentage of the sum of the Maximum Drawing Amount and all Unpaid Reimbursement Obligations, PROVIDED provided that the sum of the outstanding amount of the Revolving Credit Loans (after giving effect to all amounts requested) PLUS plus the Maximum Drawing Amount and all Unpaid Reimbursement Obligations shall not at any time exceed the Total CommitmentCommitment and, provided further, that the sum of the outstanding amount of the Revolving Credit Loans (after giving effect to all amounts requested) plus the Maximum Drawing Amount and all Unpaid Reimbursement Obligations shall not at any time exceed the Guaranteed Credit Agreement Outstandings. The Revolving Credit Loans shall be made PRO RATA pro rata in accordance with each Bank's Commitment Percentage. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower that the conditions set forth in ss.11 and ss.12, in the case of the initial Revolving Credit Loans to be made on the Closing Date, and ss.12, in the case of all other Revolving Credit Loans, have been satisfied on the date of such request.

Commitment to Lend. Subject to the terms and conditions set forth in this Credit Agreement, each of the Banks severally agrees to lend to the Borrower and the Borrower may borrow, repay, and reborrow from time to time between the Closing Date and up to but not including the Revolving Credit Loan Maturity Date upon notice by the Borrower to the Agent given in accordance with ss.2.6ss.2.6 hereof, such sums as are requested by the Borrower up to a maximum aggregate amount outstanding (after giving effect to all amounts requested) at any one time equal to such Bank's Commitment MINUS such Bank's Commitment Percentage of the sum of the Maximum Drawing Amount and all Unpaid Reimbursement Obligations, PROVIDED that the sum of the outstanding amount of the Revolving Credit Loans (after giving effect to all amounts requested) PLUS the Maximum Drawing Amount and all Unpaid Reimbursement Obligations shall not at any time exceed the Total Commitment. The Revolving Credit Loans shall be made PRO RATA in accordance with each Bank's Commitment Percentage. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower that the conditions set forth in ss.11 ss.ss.11 and ss.1212 hereof, in the case of the initial Revolving Credit Loans to be made on the Closing Datemade, and ss.12, in the case of all other LoansRevolving Credit Loans thereafter, have been satisfied on the date of such request.

Commitment to Lend. Subject to the terms and conditions set forth in this Credit Agreement, each of the Banks severally agrees to lend to the Borrower and the Borrower may borrow, repay, and reborrow from time to time between from the Closing Date and up to but not including the Revolving Credit Loan Maturity Date upon notice by the Borrower to the Agent given in accordance with ss.2.6Section 2.6, such sums as are requested by the Borrower up to a maximum aggregate amount outstanding (after giving effect to all amounts requested) at any one time equal to such Bank's Commitment MINUS minus such Bank's Commitment Percentage of the sum of the Maximum Drawing Amount and all Unpaid Reimbursement Obligations, PROVIDED provided that the sum of the outstanding amount of the Revolving Credit Loans (after giving effect to all amounts requested) PLUS plus the Maximum Drawing Amount and all Unpaid Reimbursement Obligations shall not at any time exceed the Total Commitment. The Revolving Credit Loans shall be made PRO RATA pro rata in accordance with each Bank's Commitment Percentage. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower that the conditions set forth in ss.11 Section 12 and ss.12Section 13, in the case of the initial Revolving Credit Loans to be made on the Closing Date, and ss.12Section 13, in the case of all other Revolving Credit Loans, have been satisfied on the date of such request.

Commitment to Lend. Subject to the terms and conditions set forth in this Credit Agreement, each of the Banks severally Revolving Credit Lenders severally, but not jointly, agrees to lend to the Borrower Borrowers, and the Borrower Borrowers may borrow, repay, and reborrow from time to time between from the Closing Date and to the Revolving Credit Loan Maturity Date Date, upon notice by the Borrower Borrowers to the Administrative Agent given in accordance with ss.2.6s. 2.5, such sums as are requested by the Borrower Borrowers up to a maximum aggregate amount outstanding (after giving effect to all amounts requested) at any one time equal to such BankRevolving Credit Lender's Commitment MINUS minus such BankRevolving Credit Lender's Commitment Percentage of the sum of the Maximum Drawing Amount and all Unpaid Reimbursement Obligations, PROVIDED provided that the sum of the outstanding amount of the Revolving Credit Loans (after giving effect to all amounts requested) PLUS plus the outstanding amount of the Swing Line Loans plus the Maximum Drawing Amount and all Unpaid Reimbursement Obligations shall not at any time exceed the Total CommitmentRevolving Credit Commitment at such time. The Revolving Credit Loans shall be made PRO RATA pro rata in accordance with each BankRevolving Credit Lender's Commitment Percentage. Each request for a Loan hereunder shall constitute a representation and warranty by the Borrower Borrowers that the conditions set forth in ss.11 s. 10 and ss.12s. 11, in as the case of the initial Loans to be made on the Closing Date, and ss.12, in the case of all other Loansmay be, have been satisfied on the date of such request.

Commitment to Lend. Subject to the terms and conditions set forth in this Credit Agreement, each of the Dollar Banks severally agrees to lend to the Borrower and the Borrower may borrow, repay, and reborrow from time to time between the Closing Date and the Revolving Credit Loan Maturity Date upon notice by the Borrower to the Dollar Agent given in accordance with ss.2.6Section 8.3, such sums as are requested by the Borrower up to a maximum aggregate amount outstanding (after giving effect to all amounts requested) at any one time equal to such Dollar Bank's Commitment MINUS minus such Dollar Bank's Commitment Percentage of the sum of the Maximum Drawing Amount and all Unpaid Reimbursement Obligations, PROVIDED provided that the sum of the outstanding amount of the Revolving Credit Loans (after giving effect to all amounts requested) PLUS plus the Maximum Drawing Amount and all Unpaid Reimbursement Obligations shall not at any time exceed the Total Revolver Commitment. The Revolving Credit Loans shall be made PRO RATA pro rata in accordance with each Dollar Bank's Commitment Percentage. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower that the conditions set forth in ss.11 Section 14 and ss.12Section 15, in the case of the initial Revolving Credit Loans to be made on the Closing Date, and ss.12Section 15, in the case of all other Revolving Credit Loans, have been satisfied on the date of such request.

Commitment to Lend. Subject to the terms and conditions set forth in this Credit Agreement, each of the Banks severally agrees to lend to the Borrower and the Borrower may borrow, repay, and reborrow from time to time between the Closing Date and the Revolving Credit Loan Maturity Date upon notice by the Borrower to the Agent given in accordance with ss.2.6Section 2.6, such sums as are requested by the Borrower up to a maximum aggregate amount outstanding (after giving effect to all amounts requested) at any one time equal to such Bank's Commitment MINUS minus such Bank's Commitment Percentage of the sum of the Maximum Drawing Amount and Amount, all Unpaid Reimbursement ObligationsObligations and Bankers' Acceptances then outstanding, PROVIDED provided that the sum of the outstanding amount of the Revolving Credit Loans (after giving effect to all amounts requested) PLUS plus the Maximum Drawing Amount and all Unpaid Reimbursement Obligations plus the aggregate amount of Bankers' Acceptances then outstanding shall not at any time exceed the Total Commitment. The Revolving Credit Loans shall be made PRO RATA pro rata in accordance with each Bank's Commitment Percentage. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower that the conditions set forth in ss.11 Section 11 and ss.12Section 12, in the case of the initial Revolving Credit Loans to be made on the Closing Date, and ss.12Section 12, in the case of all other Revolving Credit Loans, have been satisfied on the date of such request.

Commitment to Lend. Subject to the terms and conditions set forth in this Credit Agreement, each of the Banks severally agrees to lend to the Borrower and the Borrower may borrow, repay, and reborrow from time to time between the Closing Date and the Revolving Credit Loan Maturity Date upon notice by the Borrower to the Agent Agents given in accordance with ss.2.62.6, such sums as are requested by the Borrower up to a maximum aggregate amount outstanding (after giving effect to all amounts requested) at any one time equal to such Bank's Commitment MINUS minus such Bank's Commitment Percentage of the sum of the Maximum Drawing Amount and all Unpaid Reimbursement Obligations, PROVIDED provided that the sum of the outstanding amount of the Revolving Credit Loans (after giving effect to all amounts requested) PLUS plus the Maximum Drawing Amount and all Unpaid Reimbursement Obligations shall not at any time exceed the Total Commitment. The Revolving Credit Loans shall be made PRO RATA pro rata in accordance with each Bank's Commitment Percentage. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower that the conditions set forth in ss.11 and ss.12, in the case of the initial Loans to be made on the Closing Date, and ss.12, in the case of all other Loans, 11 have been satisfied on the date of such request. 2.2.

Commitment to Lend. Subject to the terms and conditions set forth in this Credit Agreement, each of the Banks Lenders severally agrees to lend to the Borrower Borrowers and the each Borrower may borrow, repay, and reborrow from time to time between from the Closing Date and up to but not including the Revolving Credit Loan Maturity Date upon notice by the a Borrower to the Administrative Agent given in accordance with ss.2.6Section 2.6, such sums as are requested by the such Borrower up to a maximum aggregate amount outstanding (after giving effect to all amounts requested) at any one time equal to such BankLender's Commitment MINUS minus such BankLender's Commitment Percentage of the sum of the Maximum Drawing Amount and all Unpaid Reimbursement Obligations, PROVIDED provided that the sum of the outstanding amount of the Revolving Credit Loans (after giving effect to all amounts requested) PLUS plus the Maximum Drawing Amount and all Unpaid Reimbursement Obligations shall not at any time exceed the Total CommitmentRevolving Credit Commitment at such time. The Revolving Credit Loans shall be made PRO RATA pro rata in accordance with each BankLender's Commitment Percentage. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower Borrowers that the conditions set forth in ss.11 Section 13 and ss.12Section 14, in the case of the initial Revolving Credit Loans to be made on the Closing Date, and ss.12Section 14, in the case of all other Revolving Credit Loans, have been satisfied on the date of such request.

Commitment to Lend. Subject to the terms and conditions set forth in this Credit Agreement, each of the Banks Lenders severally agrees to lend to the Borrower Borrowers and the Borrower Borrowers may borrow, repay, and reborrow from time to time between from the Initial Closing Date and up to but not including the Revolving Credit Loan Maturity Date upon notice by the Borrower Borrowers to the Agent given in accordance with ss.2.6, such sums as are requested by the Borrower Borrowers up to a maximum aggregate amount outstanding (after giving effect to all amounts requested) at any one time equal to such BankLender's Revolving Credit Commitment MINUS minus such BankLender's Commitment Percentage of the sum all Letter of the Maximum Drawing Amount and all Unpaid Reimbursement ObligationsCredit Exposure, PROVIDED provided that the sum of the outstanding amount of the Revolving Credit Loans (after giving effect to all amounts requested) PLUS plus the Maximum Drawing Amount and all Unpaid Reimbursement Obligations Letter of Credit Exposure shall not at any time exceed the lesser of (i) the Total CommitmentRevolving Credit Commitment and (ii) the Borrowing Base. The Revolving Credit Loans shall be made PRO RATA pro rata in accordance with each BankLender's Commitment Percentage. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower Borrowers that the conditions set forth in ss.11 ss.12 and ss.12ss.14, in the case of the initial Revolving Credit Loans to be made on the Initial Closing Date, and ss.12ss.14, in the case of all other Revolving Credit Loans, have been satisfied on the date of such request.

Commitment to Lend. Subject to the terms and conditions set forth in this Credit Agreement, each of the Banks severally agrees to lend to the Borrower and the Borrower may borrow, repay, and reborrow from time to time between from the Closing Date and up to but not including the Revolving Credit Loan Maturity Date upon notice by the Borrower to the Agent given in accordance with ss.2.6ss.2.7 hereof, such sums as are requested by the Borrower up to a maximum aggregate principal amount outstanding (after giving effect to all amounts requested) at any one time equal to such Bank's Commitment MINUS such Bank's Commitment Percentage of the sum of the Maximum Drawing Amount and all Unpaid Reimbursement ObligationsAmount, PROVIDED that the sum of the outstanding amount of the Revolving Credit Loans (after giving effect to all amounts requested) PLUS the Maximum Drawing Amount and all Unpaid Reimbursement Obligations shall not at any time exceed the Total Commitment. The Revolving Credit Loans shall be made PRO RATA in accordance with each Bank's Commitment Percentage. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower that the conditions set forth in ss.11 ss.ss.10 and ss.1211 hereof, in the case of the initial Revolving Credit Loans to be made on the Closing Date, and ss.12ss.11 hereof, in the case of all other Revolving Credit Loans, have been satisfied on the date of such request.

Commitment to Lend. Subject to the terms and conditions set forth in this Credit Agreement, each of the Banks severally agrees to lend to the Borrower and the Borrower may borrow, repay, and reborrow from time to time between the Closing Date and the Revolving Credit Loan Maturity Date upon notice by the Borrower to the Agent given in accordance with ss.2.6§2.7 hereof, such sums as are requested by the Borrower up to a maximum aggregate amount outstanding (after giving effect to all amounts requested) at any one time equal to such Bank's ’s Revolving Credit Commitment MINUS minus such Bank's ’s Commitment Percentage of the sum of the Maximum all Drawing Amount Amounts and all Unpaid Reimbursement Obligations, PROVIDED provided that the sum of the outstanding amount of the Revolving Credit Loans (after giving effect to all amounts requested) PLUS the Maximum plus all Drawing Amount Amounts and all Unpaid Reimbursement Obligations shall not at any time exceed the lesser of the Total CommitmentRevolving Credit Commitment and, if applicable, the Borrowing Base described in §2.11. The Revolving Credit Loans shall be made PRO RATA pro rata in accordance with each Bank's ’s Commitment Percentage. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower that the conditions set forth in ss.11 §§11 and ss.1212, in the case of the initial Loans to be made on the Closing Date, and ss.12§12, in the case of all other Revolving Credit Loans, have been satisfied on the date of such request.

Commitment to Lend. Subject to the terms and conditions set forth in this Credit Agreement, each of the Banks Revolving Credit Lenders severally agrees to lend to the Borrower Borrowers and the Borrower Borrowers may borrow, repay, and reborrow from time to time between from the Closing Date and up to but not including the Revolving Credit Loan Maturity Date upon notice by the Borrower Borrowers to the Administrative Agent given in accordance with ss.2.6Section 2.7, such sums as are requested by the Borrower Borrowers up to a maximum aggregate amount outstanding (after giving effect to all amounts requested) at any one time equal to such BankRevolving Credit Lender's Revolving Credit Commitment MINUS such BankRevolving Credit Lender's Revolving Credit Commitment Percentage of the sum of the Maximum Drawing Amount and all Unpaid Reimbursement Obligations, PROVIDED that the sum of the outstanding amount of the Revolving Credit Loans (after giving effect to all amounts requested) PLUS the outstanding amount of the Swing Line Loans (after giving effect to all amounts requested) PLUS the Maximum Drawing Amount and all Unpaid Reimbursement Obligations shall not at any time exceed the Total CommitmentRevolving Credit Commitment at such time. The Revolving Credit Loans shall be made PRO RATA in accordance with each BankRevolving Credit Lender's Revolving Credit Commitment Percentage. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower Borrowers that the conditions set forth in ss.11 Section 11 and ss.12Section 12, in the case of the initial Revolving Credit Loans to be made on the Closing Date, and ss.12Section 12, in the case of all other Revolving Credit Loans, have been satisfied on the date of such request.

Commitment to Lend. Subject to the terms and conditions set forth in this Credit Agreement, each of the Banks severally agrees to lend to the Borrower Borrowers and the Borrower Borrowers may borrow, repay, and reborrow from time to time between the Closing Date and the Revolving Credit Loan Maturity Date upon notice by the Borrower Borrowers to the Agent given in accordance with ss.2.6Section 2.6 hereof, such sums as are requested by the Borrower Borrowers up to a maximum aggregate amount outstanding (after giving effect to all amounts requested) at any one time equal to such Bank's Commitment MINUS Amount minus such Bank's Commitment Percentage of the sum of the Maximum Drawing Amount and all Unpaid Reimbursement Obligations, PROVIDED provided that the sum of the outstanding amount of the Loans (after giving effect to all amounts requested) PLUS plus the Maximum Drawing Amount and all Unpaid Reimbursement Obligations shall not at any time exceed the Total CommitmentMaximum Availability. The Loans shall be made PRO RATA pro rata in accordance with each Bank's Commitment Percentage. Each request for a Loan hereunder shall constitute a representation and warranty by the Borrower Borrowers that the conditions set forth in ss.11 Section Section 11 and ss.1212 hereof, in the case of the initial Loans to be made on the Closing Date, and ss.12Section 12 hereof, in the case of all other Loans, have been satisfied on the date of such requestrequest or waived by the Banks in accordance with Section 26 hereof.

Commitment to Lend. Subject to the terms and conditions set forth in this Credit Agreement, each of the Banks Revolving Credit Lenders severally agrees (i) on the Closing Date, to convert the revolving credit loans outstanding and owed under the Prior Credit Agreement into Revolving Credit Loans under this Credit Agreement and (ii) to lend to the Borrower Borrowers and the Borrower Borrowers may borrow, repay, and reborrow from time to time between from the Closing Date and to the Revolving Credit Loan Maturity Date Date, upon notice by the Borrower Borrowers to the Administrative Agent given in accordance with ss.2.6, such sums its Commitment Percentage of the Revolving Credit Loans as are requested by the Borrower up to a maximum aggregate amount outstanding (after giving effect to all amounts requested) at any one time equal to such Bank's Commitment MINUS such Bank's Commitment Percentage Parent on behalf of the sum of the Maximum Drawing Amount and all Unpaid Reimbursement ObligationsBorrowers, PROVIDED provided that the sum of the outstanding amount of the Revolving Credit Loans (after giving effect to all amounts requested) PLUS ), Swing Line Loans, unpaid Reimbursement Obligations, and the Maximum Drawing Amount and all Unpaid Reimbursement Obligations shall not exceed a maximum aggregate amount outstanding of $320,000,000 at any time exceed time, as such amount may be reduced or increased, as the case may be, pursuant to ss.2.2 hereof (the "Total Commitment"). The Revolving Credit Loans shall be made PRO RATA pro rata in accordance with each BankRevolving Credit Lender's Commitment Percentage. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower Borrowers that the conditions set forth in ss.11 ss.10 and ss.12ss.11, in as the case of the initial Loans to be made on the Closing Date, and ss.12, in the case of all other Loansmay be, have been satisfied on the date of such request.

Commitment to Lend. Subject to the terms and conditions set forth in this Credit Agreement, each of the Banks Lenders severally agrees to lend to the Borrower Borrower, and the Borrower may borrow, repay, and reborrow from time to time between from the Closing Date and up to but not including the Revolving Credit Loan Maturity Date upon notice by the Borrower to the Administrative Agent given in accordance with ss.2.6§2.6, such sums as are requested by the Borrower up to a maximum aggregate amount outstanding (after giving effect to all amounts requested) at any one time equal to such Bank's Lender’s Commitment MINUS minus such Bank's Lender’s Commitment Percentage of the sum of the Maximum Drawing Amount and all Unpaid Reimbursement Obligations, PROVIDED provided that the sum of the outstanding amount of the Revolving Credit Loans (after giving effect to all amounts requested) PLUS plus the Maximum Drawing Amount and all Unpaid Reimbursement Obligations shall not at any time exceed the Total CommitmentCommitment at such time. The Revolving Credit Loans shall be made PRO RATA pro rata in accordance with each Bank's Lender’s Commitment Percentage. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower that the conditions set forth in ss.11 and ss.12, in the case of the initial Loans to be made on the Closing Date, and ss.12, in the case of all other Loans, have been satisfied on the date of such request.§11 and

Commitment to Lend. Subject to the terms and conditions set forth in this Credit Agreement, each of the Banks severally agrees to lend to the any Borrower and the any Borrower may borrow, repay, and reborrow from time to time between the Closing Date and the Revolving Credit Loan Maturity Date upon notice by the such Borrower to the Agent given in accordance with ss.2.6, such sums sums, in Dollars and/or at any Borrower's option from time to time, subject to ss.2.9 hereof, in an Optional Currency, as are requested by the Borrower up to a maximum aggregate amount outstanding (after giving effect to all amounts requested) at any one time equal to such Bank's Commitment MINUS minus such Bank's Commitment Percentage of the sum of the Maximum Drawing Amount and Amount, all Unpaid Reimbursement ObligationsObligations and the Maximum Overdraft Amount, PROVIDED provided that the sum of the outstanding amount of the Revolving Credit Loans (after giving effect to all amounts requested) PLUS plus the Maximum Overdraft Amount, plus the Maximum Drawing Amount and all Unpaid Reimbursement Obligations shall not at any time exceed the lesser of (a) the Total Commitment. The Loans shall be made PRO RATA in accordance with each Bank's Commitment Percentage. Each request for a Loan hereunder shall constitute a representation and warranty by the Borrower that the conditions set forth in ss.11 and ss.12, in the case of the initial Loans to be made on the Closing Date, and ss.12, in the case of all other Loans, have been satisfied on the date of such request.(b)

Commitment to Lend. Subject to the terms and conditions set forth in this Credit Agreement, each of the Banks severally agrees to lend to the Borrower and the Borrower may borrow, repay, and reborrow from time to time between from the Closing Date and up to but not including the Revolving Credit Loan Maturity Date upon notice by the Borrower to the Agent given in accordance with ss.2.6Section 2.7, such sums Syndicated Loans as are requested by the Borrower up to a maximum aggregate amount outstanding (after giving effect to all amounts requested) at any one time equal to such Bank's Commitment MINUS minus such Bank's Commitment Percentage of the sum of the Maximum Drawing Amount and all Unpaid Reimbursement Obligations, PROVIDED provided that the sum of the outstanding amount of the Loans (after giving effect to all amounts requested) PLUS plus the Maximum Drawing Amount and all Unpaid Reimbursement Obligations shall not at any time exceed the Total Commitment. The Syndicated Loans shall be made PRO RATA pro rata in accordance with each Bank's Commitment Percentage. Each request for a Loan hereunder shall constitute a representation and warranty by the Borrower that the conditions set forth in ss.11 Sections 11 and ss.1212, in the case of the initial Loans to be made on the Closing Date, and ss.12Section 12, in the case of all other Loans, have been satisfied on the date of such request.

Commitment to Lend. Subject to the terms and conditions set forth in this Credit Agreement, each of the Banks severally (and not jointly) agrees to lend to the Borrower and the Borrower may borrow, repay, and reborrow from time to time between the Closing Effective Date and the Revolving Credit Loan Maturity Date upon notice by the Borrower to the Agent given in accordance with ss.2.6Section 2.6, such sums as are requested by the Borrower up to a maximum aggregate amount outstanding (after giving effect to all amounts requested) at any one time equal to such Bank's Commitment MINUS minus such Bank's Commitment Percentage of the sum of the Maximum Drawing Amount and all Unpaid Reimbursement Obligations, PROVIDED provided that the sum of the outstanding amount of the Revolving Credit Loans (after giving effect to all amounts requested) PLUS plus the Maximum Drawing Amount and all Unpaid Reimbursement Obligations shall not at any time exceed the Total CommitmentAvailability. The Revolving Credit Loans shall be made PRO RATA pro rata in accordance with each Bank's Commitment Percentage. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower that the conditions set forth in ss.11 Section 11 and ss.12Section 12, in the case of the initial Loans to be made on the Closing DateRevolving Credit Loans, and ss.12Section 12, in the case of all other Revolving Credit Loans, have been satisfied on the date of such request.

Commitment to Lend. Subject to the terms and conditions set forth in this Credit Agreement, each of the Banks severally agrees to lend to the Borrower and the Borrower may borrow, repay, and reborrow from time to time between from the Closing Date and up to but not including the Revolving Credit Loan Maturity Date upon notice by the Borrower to the Agent given in accordance with ss.2.6, such sums as are requested by the Borrower up to a maximum aggregate amount outstanding (after giving effect to all amounts requested) at any one time equal to such Bank's Commitment MINUS minus such Bank's Commitment Percentage of the sum of the Maximum Drawing Amount and all Unpaid Reimbursement Obligations, PROVIDED provided that the sum of the outstanding amount of the Revolving Credit Loans (after giving effect to all amounts requested) PLUS plus the Maximum Drawing Amount and all Unpaid Reimbursement Obligations shall not at any time exceed the Total Commitment. The Revolving Credit Loans shall be made PRO RATA pro rata in accordance with each Bank's Commitment Percentage. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower that the conditions set forth in ss.11 and ss.12, in the case of the initial Revolving Credit Loans to be made on the Closing Date, and ss.12, in the case of all other Revolving Credit Loans, have been satisfied on the date of such request.

Commitment to Lend. Subject to the terms and conditions set forth in this Credit Agreement, each of the Banks severally agrees to lend to the Borrower Borrowers and the Borrower Borrowers may borrow, repay, and reborrow from time to time between from the Closing Date and up to but not including the Revolving Credit Loan Maturity Date upon notice by the Borrower Borrowers to the Agent given in accordance with ss.2.6Section 2.6, such sums as are requested by the Borrower Borrowers up to a maximum aggregate amount outstanding (after giving effect to all amounts requested) at any one time equal to such Bank's Commitment MINUS such Bank's Commitment Percentage of the sum of the Maximum Drawing Amount and all Unpaid Reimbursement Obligations, PROVIDED that the sum of the outstanding amount of the Loans (after giving effect to all amounts requested) PLUS the Maximum Drawing Amount and all Unpaid Reimbursement Obligations shall not at any time exceed the Total Commitment. The Loans shall be made PRO RATA in accordance with each Bank's Commitment Percentage. Each request for a Loan hereunder shall constitute a representation and warranty by the Borrower Borrowers that the conditions set forth in ss.11 Section 11 and ss.12Section 12, in the case of the initial Loans to be made on the Closing Date, and ss.12Section 12, in the case of all other Loans, have been satisfied on the date of such request.

Commitment to Lend. Subject to the terms and conditions set forth in this Credit Agreement, each of the Banks severally Lender agrees to lend to the Borrower and the Borrower may borrow, repay, and reborrow from time to time between from the Closing Date and up to but not including the Revolving Credit Loan Maturity Date upon notice by the Borrower to the Agent Lender given in accordance with ss.2.6ss. 2.6, such sums as are requested by the Borrower up to a maximum aggregate amount outstanding (after giving effect to all amounts requested) at any one time equal to such Bank's the Commitment MINUS such Bank's Commitment Percentage of minus the sum of the Maximum Drawing Amount and all Unpaid Reimbursement Obligations, PROVIDED provided that the sum of the outstanding amount of the Revolving Credit Loans (after giving effect to all amounts requested) PLUS plus the Maximum Drawing Amount and all Unpaid Reimbursement Obligations shall not at any time exceed the Total Commitment. The Loans shall be made PRO RATA in accordance with each Bank's lesser of (a) the Commitment Percentageat such time and (ii) the Availability at such time. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower that the conditions set forth in ss.11 ss. 11 and ss.12ss. 12, in the case of the initial Revolving Credit Loans to be made on the Closing Date, and ss.12ss. 12, in the case of all other Revolving Credit Loans, have been satisfied on the date of such request.

Commitment to Lend. Subject to the terms and conditions set forth in this Credit Agreement, each of the Banks Lenders severally agrees to lend to the Borrower and the Borrower may borrow, repay, and reborrow from time to time between from the Closing Date and to the Revolving Credit Loan Final Maturity Date upon notice by the Borrower to the Administrative Agent given in accordance with ss.2.6Section 2.6, such sums sums, in Dollars, as are requested by the Borrower up to a maximum aggregate amount outstanding (after giving effect to all amounts requested) at any one time equal to such BankLender's Commitment MINUS minus such BankLender's Commitment Percentage of the sum of the Maximum Drawing Amount and all Unpaid Reimbursement Obligations, PROVIDED ; provided that the sum of the outstanding amount of the Loans (after giving effect to all amounts requested) PLUS plus the Maximum Drawing Amount and all Unpaid Reimbursement Obligations shall not at any time exceed the Total CommitmentCommitment at such time. The Revolving Credit Loans shall be made PRO RATA pro rata in accordance with each BankLender's Commitment Percentage. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower that the conditions set forth in ss.11 Section 10 and ss.12Section 11, in the case of the initial Revolving Credit Loans to be made on the Closing Date, and ss.12Section 11, in the case of all other Revolving Credit Loans, have been satisfied on the date of such request.

Commitment to Lend. Subject to the terms and conditions set forth in this Credit Agreement, each of the Banks Lenders severally agrees to lend to the Borrower and the Borrower may borrow, repay, and reborrow from time to time between from the Closing Date and up to but not including the Revolving Credit Loan Maturity Date upon notice by the Borrower to the Administrative Agent given in accordance with ss.2.6§2.6, such sums as are requested by the Borrower up to a maximum aggregate amount outstanding (after giving effect to all amounts requested) at any one time equal to such Bank's Lender’s Commitment MINUS minus such Bank's Lender’s Commitment Percentage of the sum of the Maximum Drawing Amount and all Unpaid Reimbursement Obligations, PROVIDED provided that the sum of the outstanding amount of the Loans (after giving effect to all amounts requested) PLUS plus the Maximum Drawing Amount and all Unpaid Reimbursement Obligations shall not at any time exceed the Total CommitmentCommitment at such time. The Loans shall be made PRO RATA pro rata in accordance with each Bank's Lender’s Commitment Percentage. Each request for a Loan hereunder shall constitute a representation and warranty by the Borrower that the conditions set forth in ss.11 §11 and ss.12§12, in the case of the initial Loans to be made on the Closing Date, and ss.12§12, in the case of all other Loans, have been satisfied on the date of such request.

Commitment to Lend. Subject to the terms and conditions set forth in this Credit Agreement, each of the Banks Lenders severally agrees to lend to the Borrower Borrowers as joint and several borrowers, and the Borrower Borrowers may on a joint and several basis borrow, repay, and reborrow reborrow, from time to time between from the Closing Date and up to but not including the Revolving Credit Loan Maturity Termination Date upon notice by the Borrower Borrowers to the Agent Agents given in accordance with ss.2.6ss.2.6.1, such sums as are requested by the Borrower Borrowers up to a maximum aggregate amount outstanding (after giving effect to all amounts requested) at any one time equal to such BankLender's Commitment MINUS such BankLender's Commitment Percentage of the sum of the Maximum Drawing Amount Commitment Reserve and all Unpaid Reimbursement Letter of Credit Obligations, PROVIDED that the sum of the outstanding amount of the Loans (after giving effect to all amounts requested) PLUS the Maximum Drawing Amount and all Unpaid Reimbursement Letter of Credit Obligations shall not at any time exceed the least of (i) the Total CommitmentCommitment in effect at such time MINUS the Commitment Reserve, (ii) the Borrowing Base and (iii) the amount approved to be borrowed by way of Loans and Letter of Credit Obligations in the Final Order. The Loans shall be made PRO RATA in accordance with each BankLender's Commitment Percentage. Each request for a Loan hereunder shall constitute a representation and warranty by each of the Borrower Borrowers that the conditions set forth in ss.11 ss.13 and ss.12ss.14, in the case of the initial Loans to be made on the Closing Date, and ss.12ss.14, in the case of all other Loans, have been satisfied on the date of such request.

Commitment to Lend. Subject to the terms and conditions set forth in this Credit Agreement, each of the Banks severally agrees to lend to the Borrower Borrowers and the Borrower Borrowers may borrow, repay, and reborrow from time to time between from the Closing Date and up to but not including the Revolving Credit Loan Maturity Date upon notice by the Borrower Borrowers to the Administrative Agent given in accordance with ss.2.6, such sums as are requested by the Borrower Borrowers up to a maximum aggregate amount outstanding (after giving effect to all amounts requested) at any one time equal to such Bank's Commitment MINUS such Bank's Commitment Percentage of the sum of the Maximum Drawing Amount and all Unpaid unpaid Reimbursement Obligations, PROVIDED that the sum of the outstanding amount of the Loans Revolving Credit Loans, Swing Line Loans, unpaid Reimbursement Obligations and the Maximum Drawing Amount (after giving effect to all amounts requested) PLUS the Maximum Drawing Amount and all Unpaid Reimbursement Obligations shall not exceed a maximum aggregate amount outstanding of $200,000,000 at any time exceed time, as such amount may be reduced pursuant to ss.2.2 hereof (the "Total Commitment"). The Revolving Credit Loans shall be made PRO RATA in accordance with each Bank's Commitment Percentage. Each request for a Loan hereunder shall constitute a representation and warranty by the Borrower Borrowers that the conditions set forth in ss.11 ss.9 and ss.12ss.10, in as the case of the initial Loans to be made on the Closing Date, and ss.12, in the case of all other Loansmay be, have been satisfied on the date of such request.

Commitment to Lend. Subject to the terms and conditions set forth in this Credit Agreement, each of the Banks severally agrees to lend to the Borrower and the Borrower may borrow, repay, and reborrow from time to time between the Closing Date and the Revolving Credit Loan Maturity Date upon notice by the Borrower to the Agent given in accordance with ss.2.6, such sums as are requested by the Borrower up to a maximum aggregate amount outstanding Outstanding (after giving effect to all amounts requested) at any one time equal to such Bank's Commitment MINUS such Bank's Commitment Percentage of the sum of the Maximum Drawing Amount and all Unpaid Reimbursement ObligationsObligations on the Revolver Letters of Credit, PROVIDED that the sum of the outstanding Outstanding amount of the Loans (after giving effect to all amounts requested) PLUS the Maximum Drawing Amount and all Unpaid Reimbursement Obligations on the Revolver Letters of Credit shall not at any time exceed the Total Commitment. The Loans shall be made PRO RATA in accordance with each Bank's Commitment Percentage. Each request for a Loan hereunder shall constitute a representation and warranty by the Borrower that the conditions set forth in ss.11 and ss.12, in the case of the initial Loans to be made on the Closing Date, and ss.12, in the case of all other Loans, have been satisfied on the date of such request.

Commitment to Lend. Subject to the terms and conditions set forth in this Credit Agreement, each of the Banks severally agrees to lend to the Borrower and the Borrower may borrow, repay, and reborrow from time to time between the Closing Effective Date and the Revolving Credit Loan Maturity Date upon notice by the Borrower to the Agent given in accordance with ss.2.6Section 2.6, such sums as are requested by the Borrower up to a maximum aggregate amount outstanding (after giving effect to all amounts requested) at any one time equal to such Bank's Commitment MINUS such Bank's Commitment Percentage of the sum of the Maximum Drawing Amount and all Unpaid Reimbursement Obligations, PROVIDED that the sum of the outstanding amount of the Revolving Credit Loans (after giving effect to all amounts requested) PLUS the Maximum Drawing Amount and all Unpaid Reimbursement Obligations shall not at any time exceed the Total CommitmentAvailability. The Revolving Credit Loans shall be made PRO RATA in accordance with each Bank's Commitment Percentage. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower that the conditions set forth in ss.11 Section 11 and ss.12Section 12, in the case of the initial Loans to be made on the Closing DateRevolving Credit Loans, and ss.12Section 12, in the case of all other Revolving Credit Loans, have been satisfied on the date of such request.

Commitment to Lend. Subject to the terms and conditions set forth in this Credit Agreement, each of the Banks severally agrees to lend to the Borrower and the Borrower may borrow, repay, and reborrow from time to time between from the Closing Date and up to but not including the Revolving Credit Loan Maturity Date upon notice by the Borrower to the Administrative Agent given in accordance with ss.2.6Section 2.6, such sums as are requested by the Borrower up to a maximum aggregate amount outstanding (after giving effect to all amounts requested) at any one time equal to such Bank's Commitment MINUS minus such Bank's Commitment Percentage of the sum of the Maximum Drawing Amount and all Unpaid Reimbursement Obligations, PROVIDED provided that the sum of the outstanding amount of the Revolving Credit Loans (after giving effect to all amounts requested) PLUS plus the Maximum Drawing Amount and all Unpaid Reimbursement Obligations shall not at any time exceed the Total Commitment. The Revolving Credit Loans shall be made PRO RATA pro rata in accordance with each Bank's Commitment Percentage. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower that the conditions set forth in ss.11 Section 12 and ss.12Section 13, in the case of the initial Revolving Credit Loans to be made on the Closing Date, and ss.12Section 13, in the case of all other Revolving Credit Loans, have been satisfied on the date of such request.

Commitment to Lend. Subject to the terms and conditions set forth in this Credit Agreement, each of the Banks severally agrees to lend to the Borrower and the Borrower may borrow, repay, and reborrow from time to time between the Closing Date and the Revolving Credit Loan Maturity Date upon notice by the Borrower to the Agent given in accordance with ss.2.6sec.2.6, such sums as are requested by the Borrower up to a maximum aggregate amount outstanding (after giving effect to all amounts requested) at any one time equal to such Bank's Commitment MINUS such Bank's Commitment Percentage of the sum of the Maximum Drawing Amount and all Unpaid Reimbursement Obligations, PROVIDED that the sum of the outstanding amount of the Revolving Credit Loans (after giving effect to all amounts requested) PLUS the Maximum Drawing Amount and all Unpaid Reimbursement Obligations shall not at any time exceed the lesser of (a) the Total CommitmentCommitment and (b) the Borrowing Base MINUS the outstanding amount of the Term Loan, and PROVIDED FURTHER that in no event shall the sum of the outstanding amount of the Term Loan PLUS the outstanding amount of Revolving Credit Loans PLUS the Maximum Drawing Amount and all Unpaid Reimbursement Obligations exceed the Borrowing Base. The Revolving Credit Loans shall be made PRO RATA in accordance with each Bank's Commitment Percentage. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower that the conditions set forth in ss.11 sec.12 and ss.12sec.13, in the case of the initial Revolving Credit Loans to be made on the Closing Date, and ss.12sec.13, in the case of all other Revolving Credit Loans, have been satisfied on the date of such request.

Commitment to Lend. Subject to the terms and conditions set forth in this Credit Agreement, each of the Banks Lenders severally agrees to lend to the Borrower Borrower, and the Borrower may borrow, repay, and reborrow from time to time between from the Closing Date and up to but not including the Revolving Credit Loan Maturity Date upon notice by the Borrower to the Administrative Agent given in accordance with ss.2.6Section 2.6, such sums as are requested by the Borrower up to a maximum aggregate amount outstanding (after giving effect to all amounts requested) at any one time equal to such BankLender's Commitment MINUS such BankLender's Commitment Percentage of the sum of the Maximum Drawing Amount and all Unpaid Reimbursement Obligations, PROVIDED that the sum of the outstanding amount of the Revolving Credit Loans (after giving effect to all amounts requested) PLUS the Maximum Drawing Amount and all Unpaid Reimbursement Obligations shall not at any time exceed the Total CommitmentCommitment at such time. The Revolving Credit Loans shall be made PRO RATA in accordance with each BankLender's Commitment Percentage. Each request for a Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower that the conditions set forth in ss.11 Section 11 and ss.12Section 12, in the case of the initial Revolving Credit Loans to be made on the Closing Date, and ss.12Section 12, in the case of all other Revolving Credit Loans, have been satisfied on the date of such request.