Common use of The Revolving Loans Clause in Contracts

The Revolving Loans. Each Lender severally agrees, on ------------------- the terms and conditions hereinafter set forth, to make Revolving Loans to the Borrower from time to time on any Business Day during the period from the date hereof to and including the Commitment Termination Date in an aggregate amount not to exceed at any time outstanding the amount of such Lender's Commitment; provided that the aggregate amount of the Commitments of the Lenders shall be -------- deemed used from time to time to the extent of the aggregate amount of Competitive Bid Loans then Credit Agreement ---------------- outstanding, and such deemed use of the aggregate amount of the Commitments shall be applied to the Lenders ratably according to their respective Commitments as in effect from time to time (such deemed use of the aggregate amount of the Commitments with respect to Competitive Bid Loans being a "Competitive Bid Loan Reduction"). Each Revolving Loan Borrowing shall be in an ------------------------------- aggregate amount not less than $10,000,000 or an integral multiple of $1,000,000 in excess thereof (or, if less, an aggregate amount equal to the lesser of (x) the difference between the aggregate amount of a proposed Competitive Bid Loan Borrowing requested by the Borrower and the aggregate amount of Competitive Bid Loans offered to be made by the Lenders and accepted by the Borrower in respect of such Competitive Bid Loan Borrowing, if such Competitive Bid Loan Borrowing is made on the same date as such Revolving Loan Borrowing and (y) the then remaining Unused Commitments, as applicable) and shall consist of Revolving Loans of the same Type made on the same day by the Lenders ratably according to their respective Commitments. Within the limits of each Lender's Commitment, the Borrower may from time to time borrow, repay pursuant to Section 2.05 or prepay pursuant to Section 2.08 and reborrow under this Section 2.01.

The Revolving Loans. (a) The Commitment -- Use of Proceeds. Each Lender of the Lenders severally agrees, on ------------------- subject to the terms and conditions hereinafter set forthof this Agreement, to make Revolving Loans Advances to the Borrower Company on a revolving basis (collectively, the "Revolving Loans") from time to time on any Business Day during from and after the period from Closing Date until the date hereof to and including the Commitment Termination Date in an aggregate amount not to exceed at any time outstanding the amount of such Lender's Commitment; Revolving Loans Maturity Date, provided that (i) the aggregate amount of all Revolving Loans of any Lender outstanding at any time shall not exceed its Commitment, (ii) the Commitments aggregate principal balance of all of the Revolving Loans outstanding at any time shall not exceed the Maximum Revolver Availability, and the aggregate principal balance of all Revolving Loans of each Lender outstanding at any time shall not exceed such Lender's Commitment Percentage of the Maximum Revolver Availability. The Revolving Loans under this Agreement are a continuation, on amended terms, of the "Revolving Loan" extended to the Company under the Prior Agreement (the "Prior Revolving Loans") and the Company affirms, acknowledges and agrees that the aggregate outstanding principal balance of the Prior Revolving Loans as of the Closing Date is $__________________, being the unpaid principal amount of the Prior Revolving Loans immediately prior to the execution of this Agreement. On the Closing Date, subject to satisfaction of the conditions in Section 6.01, the Lenders shall be -------- deemed used from time to time to make an Advance in the extent sum of $9,750,000.00, the aggregate amount proceeds of Competitive Bid Loans then Credit Agreement ---------------- outstanding, and such deemed use of the aggregate amount of the Commitments which shall be applied used to pay in full the Lenders ratably according to their respective Commitments as in effect from time to time (such deemed use of the aggregate amount of the Commitments with respect to Competitive Bid Term Loan. Thereafter, Revolving Loans being a "Competitive Bid Loan Reduction"). Each Revolving Loan Borrowing shall may be in an ------------------------------- aggregate amount not less than $10,000,000 or an integral multiple of $1,000,000 in excess thereof (or, if less, an aggregate amount equal to the lesser of (x) the difference between the aggregate amount of a proposed Competitive Bid Loan Borrowing requested used by the Borrower Company to fund working capital requirements and the aggregate amount of Competitive Bid Loans offered to be made by the Lenders and accepted by the Borrower in respect of such Competitive Bid Loan Borrowing, if such Competitive Bid Loan Borrowing is made on the same date as such Revolving Loan Borrowing and (y) the then remaining Unused Commitments, as applicable) and shall consist of Revolving Loans of the same Type made on the same day by the Lenders ratably according to their respective Commitments. Within the limits of each Lender's Commitment, the Borrower may from time to time borrow, repay pursuant to Section 2.05 or prepay pursuant to Section 2.08 and reborrow under this Section 2.01for general corporate purposes.

The Revolving Loans. Each Lender with a Revolving Commitment severally agrees, on ------------------- the terms and conditions hereinafter set forth, to make Revolving Loans to the Borrower from time to time on any Business Day during the period from the date hereof Closing Date to and including the Commitment Revolving Termination Date Date, in an aggregate amount not to exceed at any time outstanding the amount of such Lender's Revolving Commitment; provided provided, however, that (i) no more than $8,500,000 of Revolving Loans may be incurred on the Closing Date and all such Revolving Loans shall be made and initially maintained as a single Borrowing of Base Rate Loans and (ii) after giving effect to any Revolving Borrowing, the aggregate principal amount of all outstanding Revolving Loans, together with the aggregate principal amount of all outstanding Swingline Loans (exclusive of Swingline Loans which are repaid with the proceeds of, and simultaneously with the incurrence of, the respective incurrence of Revolving Loans) plus the aggregate amount of all outstanding Letter of Credit Obligations (exclusive of unpaid drawings under any Letter of Credit which are repaid with the Commitments proceeds of, and simultaneously with the incurrence of, the respective incurrence of Revolving Loans), shall not exceed the Lenders shall be -------- deemed used from time to time Aggregate Revolving Commitment. Within such limits, and subject to the extent of the aggregate amount of Competitive Bid Loans then Credit Agreement ---------------- outstanding, other terms and such deemed use of the aggregate amount of the Commitments shall be applied to the Lenders ratably according to their respective Commitments as in effect from time to time (such deemed use of the aggregate amount of the Commitments with respect to Competitive Bid Loans being a "Competitive Bid Loan Reduction"). Each Revolving Loan Borrowing shall be in an ------------------------------- aggregate amount not less than $10,000,000 or an integral multiple of $1,000,000 in excess thereof (or, if less, an aggregate amount equal to the lesser of (x) the difference between the aggregate amount of a proposed Competitive Bid Loan Borrowing requested by the Borrower and the aggregate amount of Competitive Bid Loans offered to be made by the Lenders and accepted by the Borrower in respect of such Competitive Bid Loan Borrowing, if such Competitive Bid Loan Borrowing is made on the same date as such Revolving Loan Borrowing and (y) the then remaining Unused Commitments, as applicable) and shall consist of Revolving Loans of the same Type made on the same day by the Lenders ratably according to their respective Commitments. Within the limits of each Lender's Commitmentconditions hereof, the Borrower may from time to time borrowborrow Revolving Loans under this Section 2.01(c), repay pursuant to Section 2.05 or prepay pursuant to Section 2.08 2.06 or 2.07(a) and reborrow under pursuant to this Section 2.012.01(c).

The Revolving Loans. (a) The Revolving Commitment. Each Lender severally agrees, severally and not ------------------------ jointly, on ------------------- the terms and conditions hereinafter set forth, to make loans ("Revolving Loans Loans") to the Borrower from time to time on any Business Day during the period from the --------------- date hereof to and including the Commitment Termination Maturity Date in an aggregate amount not to exceed at any time outstanding the amount of set opposite such Lender's Commitment; provided name on the signature pages hereof, as such amount may be reduced pursuant to Section 2.1(e), provided, that no Lender shall be obligated on any date to make a Loan which, when added to the aggregate principal amount of outstanding Revolving Loans on such date plus the Commitments Letter of Credit Usage, would exceed the Lenders Revolving Commitment then in effect. Each borrowing under this Section (a "Borrowing") shall be -------- deemed used from time to time to the extent in a minimum amount --------- of the aggregate amount of Competitive Bid Loans then Credit Agreement ---------------- outstanding, and such deemed use of the aggregate amount of the Commitments shall be applied to the Lenders ratably according to their respective Commitments as in effect from time to time (such deemed use of the aggregate amount of the Commitments with respect to Competitive Bid Loans being a "Competitive Bid Loan Reduction")$1,000,000. Each Revolving Loan Borrowing shall be in an ------------------------------- aggregate amount not less than $10,000,000 or an integral multiple of $1,000,000 in excess thereof (or, if less, an aggregate amount equal to the lesser of (x) the difference between the aggregate amount of a proposed Competitive Bid Loan Borrowing requested by the Borrower and the aggregate amount of Competitive Bid Loans offered to be made by the Lenders and accepted by the Borrower in respect of such Competitive Bid Loan Borrowing, if such Competitive Bid Loan Borrowing is made on the same date as such Revolving Loan Borrowing and (y) the then remaining Unused Commitments, as applicable) and shall consist of Revolving Loans of the same Type made on the same day by the Lenders ratably according to their respective Commitments. Within the limits of each Lender's Commitmentthe Revolving Commitment and prior to the Maturity Date, the Borrower may from time to time borrow, repay pursuant to Section 2.05 or prepay pursuant to Section 2.08 2.2(b) and reborrow under this Section 2.01Section, provided, however, that at no time shall the aggregate principal -------- ------- amount of outstanding Revolving Loans plus the Letter of Credit Usage then in effect exceed the Revolving Commitment then in effect.

The Revolving Loans. Each Lender severally agrees, on ------------------- the terms and conditions hereinafter set forth, to make Revolving Loans to the Borrower from time to time on any Business Day during the period from the date hereof Effective Date to and including the Commitment Termination Date Date, in an aggregate amount not to exceed at any time outstanding the amount of such Lender's Revolving Commitment; provided provided, however, that after giving effect to any Revolving Borrowing, the aggregate principal amount of all outstanding Revolving Loans, together with the aggregate principal amount of all outstanding Swingline Loans (exclusive of Swingline Loans which are repaid with the proceeds of, and simultaneously with the incurrence of, the respective incurrence of Revolving Loans) plus the aggregate amount of all outstanding Letter of Credit Obligations (exclusive of unpaid drawings under any Letter of Credit which are repaid with the Commitments of the Lenders shall be -------- deemed used from time to time to the extent of the aggregate amount of Competitive Bid Loans then Credit Agreement ---------------- outstandingproceeds of, and such deemed use simultaneously with the incurrence of, the respective incurrence of the aggregate amount of the Commitments Revolving Loans), shall be applied to the Lenders ratably according to their respective Commitments as in effect from time to time (such deemed use of the aggregate amount of the Commitments with respect to Competitive Bid Loans being a "Competitive Bid Loan Reduction"). Each Revolving Loan Borrowing shall be in an ------------------------------- aggregate amount not less than $10,000,000 or an integral multiple of $1,000,000 in excess thereof (or, if less, an aggregate amount equal to exceed the lesser of (x) the difference between the aggregate amount of a proposed Competitive Bid Loan Borrowing requested by the Borrower Aggregate Revolving Commitment and the aggregate amount of Competitive Bid Loans offered to be made by the Lenders and accepted by the Borrower in respect of such Competitive Bid Loan Borrowing, if such Competitive Bid Loan Borrowing is made on the same date as such Revolving Loan Borrowing and (y) the then remaining Unused Commitments, as applicable) and shall consist of Revolving Loans of the same Type made on the same day by the Lenders ratably according to their respective CommitmentsAvailability. Within such limits, and subject to the limits of each Lender's Commitmentother terms and conditions hereof, the Borrower may from time to time borrowborrow Revolving Loans under this Section 2.01(a), repay pursuant to Section 2.05 or 2.08(a), prepay pursuant to Section 2.08 2.06 or 2.07(a) and reborrow under pursuant to this Section 2.012.01(a).