Common use of Agent Advances of Revolving Loans Clause in Contracts

Agent Advances of Revolving Loans. The Agent is authorized by the Lenders, but is not obligated, to make Agent Advances consisting only of Prime Rate Loans (i) upon a Notice of Borrowing received by the Agent, or (ii) upon advice received by the Agent on a Business Day from the Disbursement Account Bank of the face amount of checks drawn on the Disbursement Account, which have been or will be presented for payment on that day minus the amount of funds then available in the Disbursement Account, pursuant to Section 2.2(c). Agent Advances (together with all other Revolving Loans and all Letter of Credit Obligations outstanding) may not at any time exceed the amount available for borrowing under Section 2.1. Agent Advances shall be subject to periodic settlement with the Lenders under Section 2.4. Agent Advances of Prime Rate Loans may be made only in the following circumstances: (i) For administrative convenience, the Agent may, but is not obligated to, make Agent Advances in reliance upon the Borrower's actual or deemed representations under Section 5.2 that the conditions for borrowing are satisfied. (ii) If the conditions for borrowing under Section 5.2 cannot be fulfilled, the Borrower shall in its Notice of Borrowing or otherwise give immediate notice thereof to the Agent, with a copy to each of the Lenders, and the Agent may, but is not obligated to, continue to make Agent Advances for fifteen (15) Business Days from the date the Agent first receives such notice, or until sooner instructed by the Majority Lenders to cease; provided that the Agent provides the Lenders promptly with a copy of such Notice of Borrowing or other notice delivered by the Borrower to the Agent of the Borrower's failure to satisfy the conditions for borrowing under Section 5.2.

Agent Advances of Revolving Loans. The Agent is authorized by --------------------------------- by the Lenderslenders, but is not obligated, to make Agent Advances consisting only of Prime Base Rate Loans (i) upon a Notice of Borrowing received by the Agent, or (ii) upon advice received by the Agent on a Business Day from the Disbursement Account Bank of the face amount of checks drawn on the Disbursement Dis- bursement Account, which have been or will be presented for payment on that day minus the amount of funds then available in the Disbursement Account, ----- pursuant to Section 2.2(c), or (iii) to fund the Borrower's wire transfer requirements. Agent Advances (together with all other Revolving Loans and all Letter of Credit Obligations outstanding) may not at any time exceed the amount available for borrowing under Section 2.1. Agent Advances shall be subject to periodic settlement settlement, which shall be no less frequently than weekly, with the Lenders under Section 2.4. Agent Advances of Prime Base Rate Loans may be made only in the following circumstances: (i) For administrative convenience, the Agent may, but is not obligated to, make Agent Advances in reliance upon the Borrower's actual or deemed representations under Section 5.2 that the conditions for borrowing are satisfied. . (ii) If the conditions for borrowing under Section 5.2 cannot be fulfilled, the Borrower shall in its Notice of Borrowing or otherwise give immediate notice thereof to the Agent, with a copy to each of the Lenders, and the Agent may, but is not obligated to, continue to make Agent Advances for fifteen (15) Business Days from the date the Agent first receives such notice, or until sooner instructed by the Majority Lenders to cease; provided that the Agent provides the Lenders promptly prompt- -------- ly with a copy of such Notice of Borrowing or other notice delivered by the Borrower to the Agent of the Borrower's failure to satisfy the conditions for borrowing under Section 5.2.

Agent Advances of Revolving Loans. The Agent is authorized by the Lenders, but is not obligated, to make Agent Advances consisting only of Prime Rate Loans (ix) upon a Notice of Borrowing received by the AgentAgent before 1:00 P.M. New York time on a Business Day, or (iiy) upon advice received by the Agent on a Business Day from the Disbursement Account Bank of the face amount of checks drawn on the Disbursement Account, which have been or will be presented for payment on that day day, minus the amount of funds then available in the Disbursement Account, pursuant to Section 2.2(c). All Agent Advances (together with all other Revolving Loans and all Letter of Credit Obligations outstanding) may shall be Prime Rate Loans. Except during the period set forth in Section 2.3(b)(ii), Agent Advances will not at any time exceed the amount available for borrowing under Section 2.12.2(a). Agent Advances shall will be subject to periodic settlement with the Lenders under Section 2.42.5. Agent Advances of Prime Rate Loans may be made only in the following circumstances: (i) For administrative convenience, the Agent may, but is not obligated to, make Agent Advances in reliance upon the Borrower's actual or deemed representations under Section 5.2 that the conditions for borrowing are satisfied. (ii) If the conditions for borrowing under Section 5.2 cannot be fulfilled, the Borrower shall in its Notice of Borrowing or otherwise give immediate notice thereof to the Agent, with a copy to each of the Lenders, and the Agent may, but is not obligated to, continue to make Agent Advances for fifteen twenty (1520) Business Days from the date the Agent first receives such notice, or until sooner instructed by the Majority Lenders to cease; provided that the . The Agent provides the Lenders promptly with a copy of such Notice of Borrowing or other notice delivered by the Borrower is authorized to make Agent Advances under this subsection (ii) up to the Agent of the Borrower's failure to satisfy the conditions amount that would otherwise be available for borrowing under Section 5.22.2(a) plus $2,000,000. Once notice is given 21 29 with respect to an event causing the conditions not to be fulfilled, no additional notice with respect to that event will be effective to commence a new period under this Section 2.3(b)(ii). All Agent Advances made pursuant to this clause (ii) shall be due and payable within one (1) Business Day of demand.

Agent Advances of Revolving Loans. The Agent is authorized by the ------------------------------------ Revolving Lenders, but is not obligated, to make Agent Advances AgentAdvances consisting only of Prime Base Rate Loans (i) upon a Notice of Borrowing received by the Agent, or (ii) upon advice received by the Agent on a Business Day from the Disbursement Account Bank of the face amount of checks drawn on the Disbursement Account, which have been or will be presented for payment on that day minus the amount of funds then ----- available in the Disbursement Account, pursuant to Section 2.2(c), or (iii) to fund the Borrower's wire transfer requirements. Agent Advances (together with all other Revolving Loans and all Letter of Credit Obligations outstanding) may not at any time exceed the amount available for borrowing under Section 2.1. Agent Advances shall be subject to periodic settlement settlement, which shall be no less frequently than weekly, with the Revolving Lenders under Section 2.4. Agent Advances of Prime Base Rate Loans may be made only in the following circumstances: (i) For administrative convenience, the Agent may, but is not obligated to, make Agent Advances in reliance upon the Borrower's actual or deemed representations under Section 5.2 6.2 that the conditions for borrowing are satisfied. (ii) If the conditions for borrowing under Section 5.2 6.2 cannot be fulfilled, the Borrower shall in its Notice of Borrowing or otherwise give immediate notice thereof to the Agent, with a copy to each of the Revolving Lenders, and the Agent may, but is not obligated to, continue to make Agent Advances for fifteen (15) Business Days from the date the Agent first receives such notice, or until sooner instructed by the Majority Lenders to cease; provided that the Agent provides the Revolving Lenders promptly -------- with a copy of such Notice of Borrowing or other notice delivered by the Borrower to the Agent of the Borrower's failure to satisfy the conditions for borrowing under Section 5.26.2.