Common use of Agent Advances of Loans Clause in Contracts

Agent Advances of Loans. The Administrative Agent is authorized by the Tranche 2 Banks, but is not obligated, to make Agent Advances consisting only of Prime Rate Loans upon a Notice of Borrowing received by the Administrative Agent. Agent Advances shall be subject to periodic settlement with the Tranche 2 Banks under Section 2.04. Any Agent Advance so made by the Administrative Agent shall constitute part of the Obligations secured by the Collateral and shall be repaid by the Company no later than the fifteenth (15th) day after the earliest date on which any condition precedent to the making of a Loan set forth in Section 5.05 shall fail to be satisfied. Agent Advances may be made only in the following circumstances: (i) For administrative convenience and subject to Section 2.01, the Administrative Agent may, but is not obligated to, make Agent Advances in reliance upon the Company's actual or deemed representations under Section 5.05 that the conditions for borrowing are satisfied; (ii) If the conditions for borrowing under Section 5.05 cannot be fulfilled, the Company shall in its Notice of Borrowing or otherwise give immediate notice thereof to the Administrative Agent and the Tranche 2 Banks, and the Administrative Agent may, but is not obligated to, continue to make Agent Advances during the thirteen-day period beginning two (2) Business Days after receipt of such notice by the Administrative Agent, if the Company shall at such time be in compliance with the limitations set forth in Section 2.01; provided, however, that the Majority Banks may sooner instruct the Administrative Agent to cease making such Agent Advances at any time. The Administrative Agent may apply any payments or other amounts which it receives to the repayment of the outstanding Agent Advances (beginning with the oldest Agent Advance), prior to repayment of any other Loans, notwithstanding any provision contained in any Loan Document or any direction of the Company or any other Person to the contrary.

Agent Advances of Loans. The Administrative Agent is authorized by the Tranche 2 Banks, but is not obligated, to make Agent Advances consisting only of Prime Rate Loans upon a Notice of Borrowing received by the Administrative Agent. Agent Advances shall be subject to periodic settlement with the Tranche 2 Banks under Section 2.04. Any Agent Advance so made by the Administrative Agent shall constitute part of the Obligations secured by the Collateral and shall be repaid by the Company no later than the fifteenth (15th) day after the earliest date on which any condition precedent to the making of a Loan set forth in Section 5.05 shall fail to be satisfied. Agent Advances may be made only in the following circumstances: (i) For administrative convenience and subject to Section 2.01, the Administrative Agent may, but is not obligated to, make Agent Advances in reliance upon the Company's actual or deemed representations under Section 5.05 that the conditions for borrowing are satisfied; (ii) If the conditions for borrowing under Section 5.05 cannot be fulfilled, the Company shall in its Notice of Borrowing or otherwise give immediate notice thereof to the Administrative Agent and the Tranche 2 Banks, Banks and the Administrative Agent may, but is not obligated to, continue to make Agent Advances during the thirteen-day period beginning two (2) Business Days after receipt of such notice by the Administrative Agent, if the Company shall at such time be in compliance with the limitations set forth in Section 2.01; provided, provided however, that the Majority Banks may sooner instruct the Administrative Agent to cease making such Agent Advances at any time. The Administrative Agent may apply any payments or other amounts which it receives to the repayment of the outstanding Agent Advances (beginning with the oldest Agent Advance), prior to repayment of any other Loans, notwithstanding any provision contained in any Loan Document or any direction of the Company or any other Person to the contrary.

Agent Advances of Loans. The Administrative After the Effective Date, the ----------------------- Agent is authorized by the Tranche 2 BanksLenders, but is not obligated, to make Agent Advances consisting only for its own account (i) upon receiving any Notice of Borrowing requesting Lender Advances or Agent Advances constituting Prime Rate Loans within the applicable time limits set forth in Section 2.2(a) or (ii) upon a Notice of Borrowing advice received by the Administrative -------------- Agent on a Business Day from the Disbursement Account Bank that the face amount of checks drawn on the Disbursement Account, which have been or will be presented for payment on that day exceeds the amount of funds then available in the Disbursement Account. All Agent Advances will be Prime Rate Loans and may be made, at the election of the Agent, without regard to the minimum principal amounts in Section 2.2(a). Agent Advances shall will be subject to periodic -------------- settlement with the Tranche 2 Banks Lenders under Section 2.042.6. Any Agent Advance so made by the Administrative Agent shall constitute part of the Obligations secured by the Collateral and shall be repaid by the Company no later than the fifteenth (15th) day after the earliest date on which any condition precedent to the making of a Loan set forth in Section 5.05 shall fail to be satisfied. Agent Advances may be made only in the following circumstances: (i) For administrative convenience and subject to Section 2.01convenience, ----------- the Administrative Agent may, but is not obligated to, make Agent Advances in reliance upon the Company's Borrowers' actual or deemed representations under Section 5.05 5.2 that the ----------- conditions for borrowing are satisfied; (ii) . If the conditions for borrowing Borrowing under Section 5.05 5.2 cannot be fulfilled, the Company Borrower which requested the Borrowing ----------- shall in its Notice of Borrowing or otherwise give immediate notice thereof (specifying the circumstances which prevent the conditions from being fulfilled) to the Administrative Agent and Agent, with a copy to each of the Tranche 2 BanksLenders, and the Administrative Agent may, but is not obligated to, continue to make Agent Advances during the thirteen-day period beginning two (2) for 20 Business Days after receipt from the date the Agent first receives such Notice of such notice Borrowing, or until sooner instructed by the Administrative Agent, if the Company shall at such time be in compliance with the limitations set forth in Section 2.01; provided, however, that the Majority Banks may sooner instruct the Administrative Agent Lenders to cease making such (the "Agent Advances at any timeAdvance Period"). The Administrative Agent may apply any payments or other amounts Once notice is -------------------- given by a Borrower that circumstances exist which it receives prevent the conditions to borrowing from being fulfilled, no additional notice with respect to the repayment of the outstanding same circumstances will be effective to commence a new Agent Advances (beginning with the oldest Agent Advance), prior to repayment of any other Loans, notwithstanding any provision contained in any Loan Document or any direction of the Company or any other Person to the contraryAdvance Period.

Agent Advances of Loans. The Administrative Agent is authorized ----------------------- by the Tranche 2 Banks, but is not obligated, to make Agent Advances consisting only of Prime Rate Loans upon a Notice of Borrowing received by the Administrative Agent. Agent Advances shall be subject to periodic settlement with the Tranche 2 Banks under Section 2.04. Any Agent Advance so made by the Administrative Agent shall constitute part of the Obligations secured by the Collateral and shall be repaid by the Company no later than the fifteenth (15th) day after the earliest date on which any condition precedent to the making of a Loan set forth in Section 5.05 5.02 shall fail to be satisfied. Agent Advances may be made only in the following circumstances: (i) For administrative convenience and subject to Section 2.01convenience, the Administrative Agent may, but is not obligated to, make Agent Advances in reliance upon the Company's actual or deemed representations under Section 5.05 5.02 that the conditions for borrowing are satisfied; (ii) If the conditions for borrowing under Section 5.05 5.02 cannot be fulfilled, the Company shall in its Notice of Borrowing or otherwise give immediate notice thereof to the Administrative Agent and the Tranche 2 BanksAgent, and the Administrative Agent may, but is not obligated to, continue to make Agent Advances during the thirteen-day period beginning two for twenty (220) Business Days after receipt of such notice by from the date the Administrative AgentAgent first receives such notice, if the Company shall at such time be in compliance with the limitations set forth in Section 2.01; provided, provided however, that the Majority Banks may sooner -------- ------- instruct the Administrative Agent to cease making such Agent Advances at any time. The Administrative Agent may apply any payments or other amounts which it receives to the repayment of the outstanding Agent Advances (beginning with the oldest Agent Advance), prior to repayment of any other Loans, notwithstanding any provision contained in any Loan Document or any direction of the Company or any other Person to the contrary.