Common use of Amount and Nature of Credit Clause in Contracts

Amount and Nature of Credit. Subject to the terms and conditions of this Agreement, each Bank, for itself and not one for any other, agrees to participate in Loans made hereunder during the Commitment Period on such basis that immediately after the completion of any borrowing by Borrower, (a) the aggregate principal amount of Loans then outstanding made by such Bank shall not be in excess of such Bank’s Commitment, (b) the aggregate principal amount of Loans outstanding made by such Bank shall represent that percentage of the aggregate principal amount then outstanding of all Loans that is such Bank’s Commitment Percentage, and (c) the aggregate principal amount of all Loans outstanding under this Agreement shall not be in excess of the Total Commitment Amount Each borrowing from the Banks hereunder shall be made pro rata according to the respective Commitment Percentages of the Banks in such amount or amounts as Borrower may from time to time request, but not exceeding in aggregate principal amount at any time outstanding hereunder the Total Commitment Amount. Borrower shall have the option, during the Commitment Period subject to the terms and conditions set forth herein, to borrow Loans, which shall mature on the Maturity Date, by means of any combination of (a) Base Rate Loans, or (b) Eurodollar Loans. No Loans may be borrowed after the last day of the Commitment Period. Borrower shall be entitled repay Loans in whole or in part, but once repaid a Loan may not be re-borrowed. Borrower shall pay interest on the unpaid principal amount of Base Rate Loans made to it outstanding from time to time from the date thereof until paid at the Base Rate from time to time in effect. Interest on such Base Rate Loans shall be payable on the last day of each September, December, March and June of each year and at the maturity thereof. Borrower shall pay interest on the unpaid principal amount of each Eurodollar Loan made to it outstanding from time to time, fixed in advance on the first day of the Interest Period applicable thereto through the last day of the Interest Period applicable thereto (but subject to changes in the Applicable Margin), at the Derived Eurodollar Rate. Interest on such Eurodollar Loans shall be payable on each Interest Adjustment Date (provided that if an Interest Period exceeds three (3) months, the interest must be paid every three (3) months, commencing three (3) months from the beginning of such Interest Period). At the request of Borrower to Agent, subject to the notice and other provisions of Section 2.02 hereof, the Banks shall convert outstanding Base Rate Loans to Eurodollar Loans at any time and shall convert outstanding Eurodollar Loans to Base Rate Loans on any Interest Adjustment Date. The obligation of Borrower to repay Loans made to it by each Bank pursuant to this Section 2.01 and to pay interest thereon shall be evidenced by a Note of Borrower in the form of Exhibit A hereto, payable to the order of such Bank in the principal amount of its Commitment.

Amount and Nature of Credit. Subject to the terms and conditions of this Agreement, each Bank, for itself and not one for any other, agrees to participate in Loans made hereunder during on the Commitment Period on such basis that immediately after the completion of any borrowing by Borrower, (a) the aggregate principal amount of Loans then outstanding made by such Bank shall not be in excess of such Bank’s Commitment, (b) the aggregate principal amount of Loans outstanding made by such Bank shall represent that percentage of the aggregate principal amount then outstanding of all Loans that is such Bank’s Commitment Percentage, and (c) the aggregate principal amount of all Loans outstanding under this Agreement shall not be in excess of the Total Commitment Amount Each borrowing from the Banks hereunder shall be made pro rata according to the respective Commitment Percentages of the Banks in such amount or amounts as Borrower may from time to time request, but not exceeding in aggregate principal amount at any time outstanding hereunder the Total Commitment AmountClosing Date. Borrower shall have the option, during the Commitment Period subject option to the terms and conditions set forth herein, to borrow Loans, which shall mature on the Maturity Date, by means of choose any combination of (a) Base Rate Loans, or (b) Eurodollar Euro Loans. No Loans may be borrowed after the last day of the Commitment PeriodAugust 31, 2013. Borrower shall be entitled to repay Loans in whole or in part, but once repaid a Loan may not be re-borrowed. The obligation of each Bank to make Loans to the Borrower shall be in the proportion that such Bank’s Commitment bears to the Commitments of all Banks to the Borrower, but each Bank’s Loan to the Borrower shall never exceed its Commitment. The failure of any Bank to make a Loan shall not relieve any other Bank of its obligations to make a Loan nor shall it impose any additional liability on any other Bank hereunder. The Banks shall have no obligation to make Loans hereunder after the Closing Date. The Commitments are not revolving credit commitments, and the Borrower shall not have the right to borrow, repay and reborrow under this Section 2.01. The Loans shall be due and payable in full on the Maturity Date. Borrower shall pay interest on the unpaid principal amount of Base Rate Loans made to it outstanding from time to time from the date thereof until paid at the Base Rate from time to time in effect. Interest on such Base Rate Loans shall be payable on the last day of each June, September, December, December and March and June of each year and at the maturity thereof. Borrower shall pay interest on the unpaid principal amount of each Eurodollar Euro Loan made to it outstanding from time to time, fixed in advance on the first day of the Interest Period applicable thereto through the last day of the Interest Period applicable thereto (but subject to changes in the Applicable Margin), at the Derived Eurodollar Euro Rate. Interest on such Eurodollar Euro Loans shall be payable on each Interest Adjustment Date (provided that if an Interest Period exceeds three (3) months, the interest must be paid every three (3) months, commencing three (3) months from the beginning of such Interest Period). At the request of Borrower to Agent, subject to the notice and other provisions of Section 2.02 hereof, the Banks shall convert outstanding Base Rate Loans to Eurodollar Euro Loans at any time and shall convert outstanding Eurodollar Euro Loans to Base Rate Loans on any Interest Adjustment Date. The obligation of Borrower to repay Loans made to it by each Bank pursuant to this Section 2.01 and to pay interest thereon shall be evidenced by a Note of Borrower in the form of Exhibit A hereto, payable to the order of such Bank in the principal amount of its Commitment.

Amount and Nature of Credit. Subject to the terms and conditions of this Agreement, each Bank, for itself and not one for any other, agrees to participate in Loans made hereunder during on the Commitment Period on such basis that immediately after the completion of any borrowing by Borrower, (a) the aggregate principal amount of Loans then outstanding made by such Bank shall not be in excess of such Bank’s Commitment, (b) the aggregate principal amount of Loans outstanding made by such Bank shall represent that percentage of the aggregate principal amount then outstanding of all Loans that is such Bank’s Commitment Percentage, and (c) the aggregate principal amount of all Loans outstanding under this Agreement shall not be in excess of the Total Commitment Amount Each borrowing from the Banks hereunder shall be made pro rata according to the respective Commitment Percentages of the Banks in such amount or amounts as Borrower may from time to time request, but not exceeding in aggregate principal amount at any time outstanding hereunder the Total Commitment AmountEffective Date. Borrower shall have the option, during the Commitment Period subject option to the terms and conditions set forth herein, to borrow Loans, which shall mature on the Maturity Date, by means of choose any combination of (a) Base Rate Loans, or (b) Eurodollar Loans. No Loans may be borrowed until the Effective Date and no Loans may be borrowed after the last day of the Commitment PeriodEffective Date. Borrower shall be entitled to repay Loans in whole or in part, but once repaid a Loan may not be re-borrowed. The obligation of each Bank to make Loans to the Borrower shall be in the proportion that such Bank’s Commitment bears to the Commitments of all Banks to the Borrower, but each Bank’s Loan to the Borrower shall never exceed its Commitment. The failure of any Bank to make a Loan shall not relieve any other Bank of its obligations to make a Loan nor shall it impose any additional liability on any other Bank hereunder. The Banks shall have no obligation to make Loans hereunder until the Effective Date. The Banks shall have no obligation to make Loans hereunder after the Effective Date. The Commitments are not revolving credit commitments, and the Borrower shall not have the right to borrow, repay and reborrow under this Section 2.01. The Loans shall be due and payable on the Maturity Date. Borrower shall pay interest on the unpaid principal amount of Base Rate Loans made to it outstanding from time to time from the date thereof until paid at the Base Rate from time to time in effect. Interest on such Base Rate Loans shall be payable on the last day of each September, December, March and June of each year and at the maturity thereof. Borrower shall pay interest on the unpaid principal amount of each Eurodollar Loan made to it outstanding from time to time, fixed in advance on the first day of the Interest Period applicable thereto through the last day of the Interest Period applicable thereto (but subject to changes in the Applicable Margin), at the Derived Eurodollar Rate. Interest on such Eurodollar Loans shall be payable on each Interest Adjustment Date (provided that if an Interest Period exceeds three (3) months, the interest must be paid every three (3) months, commencing three (3) months from the beginning of such Interest Period). At the request of Borrower to Agent, subject to the notice and other provisions of Section 2.02 hereof, the Banks shall convert outstanding Base Rate Loans to Eurodollar Loans at any time and shall convert outstanding Eurodollar Loans to Base Rate Loans on any Interest Adjustment Date. The obligation of Borrower to repay Loans made to it by each Bank pursuant to this Section 2.01 and to pay interest thereon shall be evidenced by a Note of Borrower in the form of Exhibit A hereto, payable to the order of such Bank in the principal amount of its Commitment.

Amount and Nature of Credit. Subject to the terms and conditions of this Agreement, each Bank will participate to the extent hereinafter provided in making the Term Loan to Borrower, pursuant to the Term Loan Commitments; provided, however, that in no event shall the aggregate principal amount of the Term Loan be in excess of the Total Commitment Amount. Each Bank, for itself and not one for any other, agrees to participate in Loans made hereunder during making the Commitment Period Term Loan on such basis that (a) immediately after the completion making of any borrowing by Borrowerthe Term Loan to Borrower hereunder, (a) the aggregate principal amount of Loans then outstanding made by on the Note issued to such Bank shall not be in excess of the Term Loan Commitment Amount for such Bank’s Commitment, and (b) the such aggregate principal amount of Loans outstanding made by on the Note issued to such Bank shall represent that percentage of the aggregate principal amount then outstanding of on all Loans Notes (including the Note held by such Bank) that is such Bank’s 's Term Loan Commitment Percentage, and (c) the aggregate principal amount of all Loans outstanding under this Agreement shall not be in excess of the Total Commitment Amount Each borrowing from the Banks hereunder shall be made pro rata according to the respective Commitment Percentages of the Banks in such amount or amounts as Borrower may from time to time request, but not exceeding in aggregate principal amount at any time outstanding hereunder the Total Commitment Amount. Borrower shall have the option, during the Commitment Period subject Subject to the terms and conditions set forth hereinof this Agreement, the Banks shall make the Term Loan to borrow LoansBorrower on the Closing Date, which in the aggregate amount of the Term Loan Commitments. To evidence the Term Loan, Borrower shall mature execute and deliver to each Bank a Term Note, in the form of Exhibit A hereto. The Term --------- Loan shall be payable in full on the Maturity Date, by means of any combination of (a) Base Rate Loans, or (b) Eurodollar Loans. No Loans may be borrowed after the last day of the Commitment Period. Borrower shall be entitled repay Loans notify Agent, in whole accordance with the notice provisions of Section 2.2 hereof, whether the Term Loan will bear interest at the Prime Rate Option or in part, but once repaid a one or more LIBOR Rate Options. The Term Loan may not be re-borroweda mixture of a Prime Rate Option and LIBOR Rate Options. At the request of Borrower to Agent, subject to the applicable notice and other provisions of Section 2.2 hereof, the Banks shall change all or any part of the Prime Interest Segment to a LIBOR Rate Option at any time and shall change any LIBOR Interest Segment to a Prime Rate Option on the Interest Adjustment Date applicable to such LIBOR Interest Segment. With respect to the Prime Interest Segment, if any, Borrower shall pay interest on the unpaid principal amount of Base Rate Loans made to it thereof outstanding from time to time from the date thereof until paid paid, commencing June 30, 2000, and continuing on the last day of each succeeding September, December, March and June thereafter and at the Base maturity thereof, at the Derived Prime Rate from time to time in effect. With respect to each LIBOR Interest on such Base Rate Loans shall be payable on the last day of each SeptemberSegment, December, March and June of each year and at the maturity thereof. Borrower shall pay interest on the unpaid principal amount of each Eurodollar Loan made to it thereof outstanding from time to timetime from the date thereof until paid, at the Derived LIBOR Rate, fixed in advance on the first day of the for each Interest Period applicable thereto through the last day of the Interest Period applicable thereto (but subject to changes in the Applicable Margin), at the Derived Eurodollar Rate) as herein provided for each such Interest Period. Interest on each such Eurodollar Loans LIBOR Interest Segment shall be payable on each the Interest Adjustment Date applicable thereto (provided that that, if an Interest Period exceeds three (3) months, the interest must be paid every three (3) months, commencing three (3) months from the beginning of such Interest Period). At the request of Borrower to Agent, subject to the notice and other provisions of Section 2.02 hereof, the Banks shall convert outstanding Base Rate Loans to Eurodollar Loans at any time and shall convert outstanding Eurodollar Loans to Base Rate Loans on any Interest Adjustment Date. The obligation of Borrower to repay Loans made to it by each Bank pursuant to this Section 2.01 and to pay interest thereon shall be evidenced by a Note of Borrower in the form of Exhibit A hereto, payable to the order of such Bank in the principal amount of its Commitment.

Amount and Nature of Credit. Subject to the terms and conditions of this Agreement, each the Banks will participate to the extent hereinafter provided in making Loans to Borrower, in such aggregate amount as Borrower shall request pursuant to the Commitment; provided, however, that in no event shall the aggregate principal amount of all Loans outstanding under this Agreement be in excess of the Total Commitment Amount. Each Bank, for itself and not one for any other, agrees to participate in Loans made hereunder during the Commitment Period on such basis that (a) immediately after the completion of any borrowing by Borrower, (a) the aggregate principal amount of Loans then outstanding made by on the Notes issued to such Bank shall not be in excess of the amount shown opposite the name of such Bank’s CommitmentBank under the column headed "Maximum Amount" as set forth in SCHEDULE 1 hereto, and (b) the such aggregate principal amount of Loans outstanding made by on the Notes issued to such Bank shall represent that percentage of the aggregate principal amount then outstanding of on all Loans that Notes (including the Notes held by such Bank) which is such Bank’s 's Commitment Percentage, and (c) the aggregate principal amount of all Loans outstanding under this Agreement shall not be in excess of the Total Commitment Amount . Each borrowing from the Banks hereunder shall be made pro rata according to the Banks' respective Commitment Percentages of the Banks in such amount or amounts as Borrower may from time to time request, but not exceeding in aggregate principal amount at any time outstanding hereunder the Total Commitment AmountPercentages. Borrower shall have the option, during the Commitment Period and subject to the terms and conditions set forth herein, to borrow Loans, which shall mature on hereunder up to the Maturity Date, Total Commitment Amount by means of any combination of (a) Base Prime Rate Loans, or (b) Eurodollar Loans. No Loans may be borrowed after maturing on the last day of the Commitment Period. Borrower Period and bearing interest at a rate per annum which shall be entitled repay one hundred (100) basis points less than the Adjusted Prime Rate from time to time in effect, or (b) LIBOR Loans in whole or in partmaturing on the last day of the Commitment Period and bearing interest at a rate per annum which shall be the Derived LIBOR Rate, but once repaid which rate for each Interest Period shall be a Loan may not be re-borrowedfixed rate established at the beginning of each such Interest Period. Borrower shall pay interest on the unpaid principal amount of Base Prime Rate Loans made to it outstanding from time to time from the date thereof until paid at the Base Rate from time to time in effect. Interest on such Base Rate Loans shall be payable paid, commencing March 31, 1998, and continuing on the last day of each succeeding June, September, December, December and March and June of each year and at the maturity thereof. Borrower shall pay interest at a fixed rate for each Interest Period on the unpaid principal amount of each Eurodollar LIBOR Loan made to it outstanding from time to timetime from the date thereof until paid, fixed in advance on the first day of the Interest Period applicable thereto through the last day of the Interest Period applicable thereto (but subject to changes in the Applicable Margin), at the Derived Eurodollar Rate. Interest on such Eurodollar Loans shall be payable on each Interest Adjustment Date with respect to an Interest Period (provided that if an Interest Period exceeds three (3) months, the interest must be paid every three (3) months, commencing three (3) months from the beginning of such Interest Period). At the request of Borrower Borrower, provided no Unmatured Event of Default or Event of Default exists hereunder, the Banks shall convert Prime Rate Loans to AgentLIBOR Loans at any time, subject to the notice and other provisions of Section 2.02 2.2 hereof, the Banks shall convert outstanding Base Rate Loans to Eurodollar Loans at any time and shall convert outstanding Eurodollar LIBOR Loans to Base Prime Rate Loans on any Interest Adjustment Date. The obligation of Borrower to repay the Prime Rate Loans and the LIBOR Loans made to it by each Bank pursuant to this Section 2.01 and to pay interest thereon shall be evidenced by a Revolving Credit Note of Borrower substantially in the form of Exhibit EXHIBIT A hereto, with appropriate insertions, dated the Closing Date and payable to the order of such Bank on the last day of the Commitment Period in the principal amount of its Revolving Credit Commitment, or, if less, the aggregate unpaid principal amount of Loans made hereunder by such Bank. Subject to the provisions of this Agreement, Borrower shall be entitled under this Section 2.1 to borrow funds, repay the same in whole or in part and re-borrow hereunder at any time and from time to time during the Commitment Period.