Common use of Additional Loans Clause in Contracts

Additional Loans. No Loan shall be made nor shall any Letter of Credit be provided to any Borrower intentionally and with actual knowledge that such Loan or Letter of Credit would cause the Total Outstandings to exceed the lesser of (i) the Borrowing Base and (ii) the Aggregate Commitment (such excess, an “Overadvance”), without the prior consent of all of the Lenders, except, that, notwithstanding anything to the contrary contained herein and unless its authority has been revoked in writing by the Required Lenders, the Administrative Agent may require the Lenders to honor requests for such additional Loans or any Issuing Bank may provide such additional Letters of Credit intentionally and with actual knowledge that such Loans or Letters of Credit will cause an Overadvance, as the Administrative Agent may deem necessary or advisable in its discretion; provided that: (i) the sum of (i) the aggregate principal amount of the additional Loans or additional Letters of Credit to any Borrower that may be made or provided after obtaining such actual knowledge of such Overadvance plus (ii) the amount of Special Agent Advances made pursuant to Section 2.8(b) then outstanding, shall not exceed an aggregate amount equal to the lesser of (x) ten percent (10%) of the Aggregate Commitment and (y) $60,000,000; (ii) the sum of (i) the aggregate outstanding principal amount of the Loans and Letters of Credit (including the additional Loans and additional Letters of Credit made pursuant to this Section 2.8(a)), plus (ii) the amount of Special Agent Advances made pursuant to Section 2.8(b) then outstanding, shall not exceed the Aggregate Commitment; and (iii) no such additional Loan or Letter of Credit shall be outstanding more than forty-five (45) days after the date such additional Loan or Letter of Credit is made or issued (as the case may be), in each case, except as the Required Lenders may otherwise agree. Each Lender shall provide the amount of its Pro Rata Share of any such additional Loans or Letters of Credit pursuant to the terms of this Agreement, which Loans and Letters of Credit shall bear interest at the same applicable rates for other Loans and Letters of Credit made or provided hereunder.

Additional Loans. No Loan The Administrative Agent and the Swingline Lender shall be made nor not make any Loans and the Issuing Lender shall not issue any Letter of Credit be provided to any the Borrower on behalf of the Lenders intentionally and with actual knowledge that such Loan or Letter of Credit would cause the Total Outstandings aggregate amount of the total outstanding Loans (other than Additional Credit Loans) and Letters of Credit to exceed the lesser of (i) the Borrowing Base and (ii) the Aggregate Commitment (such excess, an “Overadvance”), without the prior consent of all of the LendersBase, except, that, notwithstanding anything to from and after the contrary contained herein and unless its authority has been revoked in writing by the Required LendersConversion Date, the Administrative Agent may require the Lenders to honor requests for such make additional Revolving Credit Loans or any the Issuing Bank Lender may provide such additional Letters of Credit on behalf of Lenders, intentionally and with actual knowledge that such Revolving Credit Loans or Letters of Credit will cause an Overadvancethe total outstanding Loans (other than the Additional Credit Loans) and Letters of Credit to exceed the Borrowing Base, as the Administrative Agent may deem necessary or advisable in its discretion; provided provided, that: : (ia) the sum of (i) the aggregate total principal amount of the additional Revolving Credit Loans or additional Letters of Credit to any the Borrower that the Administrative Agent may be made make or provided provide after obtaining such actual knowledge that the aggregate principal amount of such Overadvance the Loans (other than the Additional Credit Loans) and the Letters of Credit equals or exceeds the Borrowing Base plus (ii) the amount of Special Agent Advances made pursuant to Section 2.8(b13.12(b) then outstanding, outstanding as of any date of determination shall not exceed an aggregate amount equal to the lesser of (x) ten percent (10%) of the Aggregate Commitment aggregate Commitments (other than the Additional Credit Commitment) as of such date without the prior written consent of the Required Agreement Lenders and shall not cause (y) $60,000,000; (iiA) the sum of (i) the aggregate outstanding total principal amount of the Loans (other than the Additional Credit Loans) and Letters of Credit to exceed the aggregate Commitments (including other than the additional Loans and additional Additional Credit Commitment) as of such date or (B) the outstanding Letters of Credit made pursuant to this Section 2.8(a)), plus (ii) the amount of Special Agent Advances made pursuant to Section 2.8(b) then outstanding, shall not exceed the Aggregate Commitment; and L/C Commitment and (iiib) no such additional Revolving Credit Loan or Letter of Credit shall be outstanding more than forty-five ninety (4590) days after the date such additional Revolving Credit Loan or Letter of Credit is made or issued (as the case may be), in each case, except as the Required Agreement Lenders may otherwise agree. Each Lender shall provide be obligated to pay to the Administrative Agent the amount of its Pro Rata Share Commitment Percentage of any such additional Revolving Credit Loans or Letters of Credit pursuant to in accordance with the terms applicable Sections of this Agreement, which Loans and Letters of Credit shall bear interest at the same applicable rates for other Loans and Letters of Credit made or provided hereunder.

Additional Loans. No Loan shall be made nor shall any Letter of Credit be provided to any Borrower intentionally and with actual knowledge that such Loan or Letter of Credit would cause the Total Outstandings to exceed the lesser of (i) the Borrowing Base and (ii) the Aggregate Commitment (such excess, an “Overadvance”), without the prior consent of all of the Lenders, except, that, notwithstanding anything to the contrary contained herein and unless its authority has been revoked in writing by the Required LendersLenders or an Event of Default shall have occurred and be continuing (other than as a result of such Overadvance), the Administrative Agent may require the Lenders to honor requests for such additional Loans or any the Issuing Bank Lender may provide such additional Letters of Credit Credit, intentionally and with actual knowledge that such Loans or Letters of Credit will cause an Overadvance, as the Administrative Agent may deem necessary or advisable in its discretion; provided that: (i) the sum of (i) the aggregate principal amount of the all additional Loans or and additional Letters of Credit to any Borrower that may be made or provided after obtaining such actual knowledge of such Overadvance plus (ii) the amount of Special Agent Advances made pursuant to Section 2.8(b) then outstanding, shall not exceed an aggregate amount equal to the lesser of (xA) ten five percent (105%) of the Aggregate Commitment and (yB) $60,000,0007,500,000; (ii) the sum of (iA) the aggregate outstanding principal amount of the Loans and Letters of Credit (including the additional Loans and additional Letters of Credit made pursuant to this Section 2.8(a)), plus (iiB) the amount of Special Agent Advances made pursuant to Section 2.8(b) then outstanding, shall not exceed the Aggregate Commitment; and (iii) no such additional Loan or Letter of Credit shall be outstanding more than forty-five (45) days after the date such additional Loan or Letter of Credit is made or issued (as the case may be), in each case, except as the Required Lenders may otherwise agree. Each Lender shall provide the amount of its Pro Rata Share of any such additional Loans or Letters of Credit pursuant to the terms of this Agreement, which . Such additional Loans and Letters of Credit shall bear interest at the same interest rate then applicable rates for other to Base Rate Loans and Letters of Credit made or provided hereunder(including any Default Rate, if then applicable).

Additional Loans. No Loan Agent shall be made not make any Loans nor shall Issuing Bank provide any Letter of Credit be provided to any Borrower on behalf of Lenders intentionally and with actual knowledge that such Loan or Letter of Credit would cause cause: (a) the Total U.S. Borrower Outstandings to exceed the lesser of the U.S. Borrowing Base or the Maximum Credit minus Canadian Borrower Outstandings (a “U.S. Overadvance”); or (b) the Canadian Borrower Outstandings to exceed the least of (i) the Canadian Borrowing Base and Base, (ii) the Aggregate Commitment Canadian Credit Limit, or (such excess, an iii) the Maximum Credit minus the U.S. Borrower Outstandings (a “Canadian Overadvance”), without the prior consent of all of the Lenders, except, that, notwithstanding anything to the contrary contained herein and unless its authority has been revoked in writing by the Required Lenders, the Administrative Agent may require the Lenders to honor requests for make such additional Loans or any Issuing Bank may provide such additional Letters of Credit on behalf of Lenders, intentionally and with actual knowledge that such Loans or Letters Letter of Credit will cause an a U.S. Overadvance or a Canadian Overadvance, as the Administrative Agent may deem necessary or advisable in its discretion; provided that: (ia) the sum of (i) the aggregate principal amount of the additional Loans or additional Letters of Credit to any Borrower that Agent may be made make or provided provide after obtaining such actual knowledge of such U.S. Overadvance or Canadian Overadvance plus (ii) the amount of Special Agent Advances made pursuant to Section 2.8(b13.12(a) hereof then outstanding, shall not exceed an the aggregate amount equal to the lesser of (x) ten percent (10%) of the Aggregate Commitment and (y) $60,000,000Maximum Credit; (iib) the sum of (i) the aggregate outstanding principal amount of the Loans and Letters of Credit (including the additional Loans and or additional Letters of Credit made pursuant to this Section 2.8(a)13.9), plus (ii) the amount of Special Agent Advances made pursuant to Section 2.8(b13.12(a) hereof then outstanding, shall not exceed the Aggregate CommitmentMaximum Credit; and (iiic) no such additional Loan or Letter of Credit shall be outstanding more than forty-five ninety (4590) days after the date such additional Loan or Letter of Credit is made or issued (as the case may be), in each case, except as the Required Lenders may otherwise agree. Each Lender shall provide be obligated to pay Agent the amount of its Pro Rata Share of any such additional Loans or Letters of Credit pursuant to the terms of this Agreement, which Loans and Letters of Credit shall bear interest at the same applicable rates for other Loans and Letters of Credit made or provided hereunderCredit.