Common use of AMOUNT AND TERMS OF LOANS AND LETTERS OF CREDIT; COMMITMENT AMOUNTS Clause in Contracts

AMOUNT AND TERMS OF LOANS AND LETTERS OF CREDIT; COMMITMENT AMOUNTS. 2.1 Revolving Loans and Letters of Credit; Revolving Loan Commitment ---------------------------------------------------------------- Amounts. ------- (a) Subject to the terms and conditions hereof, each Lender having a Revolving Loan Commitment severally agrees to (i) make loans on a revolving credit basis through its Applicable Lending Office to the Borrowers from time to time from and including the Closing Date to but excluding the Revolving Loan Commitment Expiration Date (each a "Revolving Loan", and collectively, the "Revolving Loans") in accordance with the provisions of this Agreement and (ii) participate through its Applicable Lending Office in letters of credit issued for the account of the Borrowers pursuant to Section 2.3 from time to time from and including the Closing Date to but excluding the Revolving Loan Commitment Expiration Date (each a "Letter of Credit", and collectively, the "Letters of Credit"); provided, however, that the sum of (A) the aggregate principal amount of all Revolving Loans outstanding, (B) the aggregate Letter of Credit Amount of all Letters of Credit outstanding and (C) the aggregate amount of unreimbursed drawings under all Letters of Credit shall not exceed the Aggregate Revolving Loan Commitment at any time; and provided, further, that the sum of (x) the aggregate Letter of Credit Amount of all Letters of Credit outstanding and (y) the aggregate amount of unreimbursed drawings under all Letters of Credit shall not exceed $10,000,000 at any time. Within the limits of each Revolving Loan Lender's Revolving Loan Commitment, the Borrowers may borrow, have Letters of Credit issued for the Borrowers' account, prepay Revolving Loans, reborrow Revolving Loans, and have additional Letters of Credit issued for the Borrowers' account after the expiration of previously issued Letters of Credit. The principal amount of each Revolving Loan Lender's (A) Revolving Loan and (B) participation in a Letter of Credit shall be in an amount equal to the product of (i) such Revolving Loan Lender's Revolving Loan Commitment Percentage (expressed as a fraction) and (ii) the total amount of the Revolving Loan or Revolving Loans, or the Letter of Credit or Letters of Credit, requested; provided that, in no event shall any Revolving Loan Lender be obligated to make -------- ---- a Revolving Loan or participate in a Letter of Credit if after giving effect to such Revolving Loan or such participation the sum of such Revolving Loan Lender's (x) Revolving Loans outstanding, (y) Revolving Loan Commitment Percentage of the aggregate Letter of Credit Amount of all Letters of Credit outstanding and (z) Revolving Loan Commitment Percentage of the aggregate amount of unreimbursed drawings under all Letters of Credit would exceed its Revolving Loan Commitment or if the amount of such requested Revolving Loan or such Revolving Loan Lender's Revolving Loan Commitment Percentage of such Letter of Credit is in excess of such Revolving Loan Lender's Available Revolving Loan Commitment. (b) Subject to Sections 2.10 and 2.12, the Revolving Loans may from time to time be (i) LIBOR Loans, (ii) Base Rate Loans or (iii) a combination thereof, as determined by the Borrowers and notified to the Agent in accordance with either Section 2.1(d) or 2.

AMOUNT AND TERMS OF LOANS AND LETTERS OF CREDIT; COMMITMENT AMOUNTS. 2.1 Revolving Loans and Letters of Credit; Revolving Loan Commitment ---------------------------------------------------------------- Amounts. -------. (a) Subject to the terms and conditions hereof, each Lender having a Revolving Loan Commitment severally agrees to (i) make loans on a revolving credit basis through its Applicable Lending Office to the Borrowers Borrower from time to time from and including the Closing Date to but excluding the Revolving Loan Commitment Expiration Date (each a "Revolving Loan", and collectively, the "Revolving Loans") in accordance with the provisions of this Agreement and (ii) participate through its Applicable Lending Office in letters of credit issued for the account of the Borrowers Borrower pursuant to Section 2.3 from time to time from and including the Closing Date to but excluding the Revolving Loan Commitment Expiration Date (each a "Letter of Credit", and collectively, the "Letters of Credit"); provided, however, that the sum of (A) the aggregate principal amount of all Revolving Loans outstanding, (B) the aggregate Letter of Credit Amount of all Letters of Credit outstanding and (C) the aggregate amount of unreimbursed drawings under all Letters of Credit shall not exceed the Aggregate Revolving Loan Commitment at any time; and provided, further, that the sum of (x) the aggregate Letter of Credit Amount of all Letters of Credit outstanding and (y) the aggregate amount of unreimbursed drawings under all Letters of Credit shall not exceed $10,000,000 5,000,000 at any time. Within the limits of each Revolving Loan Lender's Revolving Loan Commitment, the Borrowers Borrower may borrow, have Letters of Credit issued for the BorrowersBorrower' account, prepay Revolving Loans, reborrow Revolving Loans, and have additional Letters of Credit issued for the BorrowersBorrower' account after the expiration of previously issued Letters of Credit. The principal amount of each Revolving Loan Lender's (A) Revolving Loan and (B) participation in a Letter of Credit shall be in an amount equal to the product of (i) such Revolving Loan Lender's Revolving Loan Commitment Percentage (expressed as a fraction) and (ii) the total amount of the Revolving Loan or Revolving Loans, or the Letter of Credit or Letters of Credit, requested; provided that, that in no event shall any Revolving Loan Lender be obligated to make -------- ---- a Revolving Loan or participate in a Letter of Credit if after giving effect to such Revolving Loan or such participation the sum of such Revolving Loan Lender's (x) Revolving Loans outstanding, (y) Revolving Loan Commitment Percentage of the aggregate Letter of Credit Amount of all Letters of Credit outstanding and (z) Revolving Loan Commitment Percentage of the aggregate amount of unreimbursed drawings under all Letters of Credit would exceed its Revolving Loan Commitment or if the amount of such requested Revolving Loan or such Revolving Loan Lender's Revolving Loan Commitment Percentage of such Letter of Credit is in excess of such Revolving Loan Lender's Available Revolving Loan Commitment. (b) Subject to Sections 2.10 and 2.12, the Revolving Loans may from time to time be (i) LIBOR Loans, (ii) Base Rate Loans or (iii) a combination thereof, as determined by the Borrowers Borrower and notified to the Agent in accordance with either Section 2.1(d) or 2.6; provided that the Borrower shall cause any LIBOR Loans borrowed during July or August 1998 to have an Interest Period ending no later than August 31, 1998, and shall thereafter cause all Loans to be Base Rate Loans for a period (the "Syndication Period") ending not earlier than the day it receives notice from the Co-Arrangers to the effect that the initial syndication of the Loans has been successfully completed (provided further that the Syndication Period shall not exceed 10 Business Days). Each Revolving Loan Lender may make or maintain its Revolving Loans or participate in Letters of Credit to or for the account of the Borrower by or through any Applicable Lending Office. (c) The Revolving Loans made by each Revolving Loan Lender to the Borrower shall be evidenced by a promissory note of the Borrower, substantially in the form of Exhibit A-1 (a "Revolving Note"), with appropriate insertions therein as to payee, date and principal amount, payable to the order of such Revolving Loan Lender and representing the obligations of the Borrower to pay the aggregate unpaid principal amount of all Revolving Loans made by such Revolving Loan Lender to the Borrower pursuant to Section 2.1(a) or 2.3(c), with interest thereon as prescribed in Sections 2.8 and 2.

AMOUNT AND TERMS OF LOANS AND LETTERS OF CREDIT; COMMITMENT AMOUNTS. 2.1 Revolving Loans and Letters of Credit; Revolving Loan Commitment ---------------------------------------------------------------- Amounts. -------Commitments. (a) Subject to the terms and conditions hereof, each Lender having a Revolving Loan Commitment Lender severally agrees to (i) make loans on a revolving credit basis through its Applicable Lending Office to the Borrowers Borrower from time to time from and including the Closing Date to but excluding the Revolving Loan Commitment Expiration Date (each a "Revolving Loan", and collectively, the "Revolving Loans") in accordance with the provisions terms of this Agreement and (ii) participate through its Applicable Lending Office in letters of credit issued for the account of the Borrowers Borrower pursuant to Section 2.3 from time to time from and including the Closing Date to but excluding the Revolving Loan Commitment Expiration Date (each a "Letter of Credit"" and, and collectively, the "Letters of Credit"); provided, however, that (A) the sum of (A1) the aggregate principal amount of all Revolving Loans outstanding, (B2) the aggregate Letter of Credit Amount of all Letters of Credit outstanding and (C3) the aggregate amount of unreimbursed drawings under all Letters of Credit shall not exceed either the Aggregate Revolving Loan Commitment or the Borrowing Base at any time; time and provided, further, that (B) the sum of (x1) the aggregate Letter of Credit Amount of all Letters of Credit outstanding and (y2) the aggregate amount of unreimbursed drawings under all Letters of Credit shall not exceed $10,000,000 1,000,000 at any time. Within the limits of each Revolving Loan Lender's Revolving Loan Commitment, the Borrowers Borrower may borrow, have Letters of Credit issued for the Borrowers' Borrower's account, prepay Revolving Loans, reborrow Revolving Loans, and have additional Letters of Credit issued for the Borrowers' Borrower's account after the expiration of previously issued Letters of Credit. The With respect to each Revolving Loan Lender, the principal amount of each Revolving Loan Lender's (A) Revolving Loan to be made by such Revolving Loan Lender and (B) participation of a Revolving Loan Lender in a Letter of Credit shall be in an amount equal to the product of (i) such Revolving Loan Lender's Revolving Loan Commitment Percentage (expressed as a fraction) and (ii) the total amount of the Revolving Loan or Revolving Loans, or the Letter Loan(s) and/or Letter(s) of Credit or Letters of Credit, requested; provided that, that in no event shall any Revolving Loan Lender be obligated to make -------- ---- a Revolving Loan or participate in a Letter of Credit if after giving effect to such Revolving Loan or such participation the sum of such Revolving Loan Lender's (x) Revolving Loans outstanding, (y) Revolving Loan Commitment Percentage of the aggregate Letter of Credit Amount of all Letters of Credit outstanding and (z) Revolving Loan Commitment Percentage of the aggregate amount of unreimbursed drawings under all Letters of Credit would exceed its Revolving Loan Commitment or if the amount of such requested Revolving Loan or such Revolving Loan Lender's Revolving Loan Commitment Percentage of such requested Letter of Credit is in excess of such Revolving Loan Lender's Available Revolving Loan Commitment. (b) Subject to Sections 2.10 2.8 and 2.122.9, the Revolving Loans may from time to time be (i) LIBOR Loans, (ii) Base Rate Loans or (iii) a combination thereof, as determined by the Borrowers Borrower and notified to the Agent in accordance with either Section 2.1(d) or 2.

AMOUNT AND TERMS OF LOANS AND LETTERS OF CREDIT; COMMITMENT AMOUNTS. 2.1 .1 Revolving Loans and Letters of Credit; Revolving Loan Commitment ---------------------------------------------------------------- Amounts. -------. (a) Subject to the limits of the Revolving Loan Commitments and to the other terms and conditions hereof, each Lender having a Revolving Loan Commitment severally agrees to (i) make loans on a revolving credit basis through its Applicable Lending Office to the Borrowers Borrower from time to time from and including the Closing Date to but excluding the Revolving Loan Commitment Expiration Date (each a "Revolving Loan"" and, and collectively, the "Revolving Loans") in accordance with the provisions of this Agreement and subject to Section 2.3(c), and (ii) participate through its Applicable Lending Office in letters of credit credit, airway releases and steamship guarantees issued for the account of the Borrowers Borrower pursuant to Section 2.3 from time to time from and including the Closing Date to but excluding the Revolving Loan Commitment Expiration Date (each a "Letter of Credit"" and, and collectively, the "Letters of Credit"); provided, however, that (A) the sum of (A1) the aggregate principal amount of all Revolving Loans outstanding, (B2) the aggregate principal amount of all Swing Line Loans outstanding, (3) the aggregate principal amount then outstanding of any portion of the Term Loans that has been specified by the Borrower in accordance with Section 2.6(b), (4) the aggregate Letter of Credit Amount of all Letters of Credit outstanding and (C5) the aggregate amount of unreimbursed drawings under all Letters of Credit shall not exceed the Aggregate Revolving Loan Commitment Borrowing Base at any time; and provided, further, that (B) the sum of (x1) the aggregate Letter of Credit Amount of all Letters of Credit outstanding and (y2) the aggregate amount of unreimbursed drawings under all Letters of Credit shall not exceed $60,000,000 at any time and (C) the sum of (1) the aggregate Letter of Credit Amount of all standby Letters of Credit outstanding and (2) the aggregate amount of unreimbursed drawings under all standby Letters of Credit shall not exceed $10,000,000 at any time. Within the limits of each Revolving Loan Lender's Revolving Loan Commitment, the Borrowers Borrower may borrow, have Letters of Credit issued for the Borrowers' Borrower's account, prepay Revolving Loans, reborrow Revolving Loans, and have additional Letters of Credit issued for the Borrowers' Borrower's account after the expiration of previously issued Letters of Credit. Revolving Loan advances requested by the Borrower shall be in an aggregate amount of at least $500,000 in the case of Base Rate Loans and in the aggregate amount of $3,000,000 or an integral multiple of $100,000 in excess thereof in the case of LIBOR Loans. The principal amount of each Revolving Loan Lender's (A) Revolving Loan of a Lender and (B) participation of a Lender in a Letter of Credit shall be in an amount equal to the product of (i) such Revolving Loan Lender's Revolving Loan Commitment Percentage (expressed as a fraction) and (ii) the total amount of the Revolving Loan or Revolving Loans, Loans or the Letter of Credit or Letters of Creditrequested by the Borrower in each instance; provided, requested; provided thathowever, that in no event shall any Revolving Loan Lender be obligated to make -------- ---- a requested Revolving Loan or participate in a requested Letter of Credit if after giving effect to such Revolving Loan or such participation the sum of such Revolving Loan Lender's (x) Revolving Loans outstanding, (y) Revolving Loan Commitment Percentage of the aggregate Letter of Credit Amount of all Letters of Credit outstanding and (z) Revolving Loan Commitment Percentage of the aggregate amount of unreimbursed drawings under all Letters of Credit would exceed its Revolving Loan Commitment or if the amount of such requested Revolving Loan or such Revolving Loan Lender's Revolving Loan Commitment Percentage of such requested Letter of Credit is in excess of such Revolving Loan Lender's Available Revolving Loan Commitment. (b) Subject to Sections 2.10 2.11 and 2.122.13, the Revolving Loans may from time to time be (i) LIBOR Loans, (ii) Base Rate Loans or (iii) a combination thereof, as determined by the Borrowers Borrower and notified to the Agent in accordance with either Section 2.1(d) or 2.7; provided, however, that each "Revolving Loan" outstanding under the Old Credit Agreement on the Closing Date shall continue to bear interest as a Revolving Loan hereunder at the rate applicable in accordance with the Old Credit Agreement until such rate is changed in accordance with the terms hereof. Each Lender may make or maintain its Revolving Loans or participate in Letters of Credit to or for the account of the Borrower by or through any Applicable Lending Office. (c) The Revolving Loans made by each Lender to the Borrower shall be evidenced by a promissory note of the Borrower, substantially in the form of Exhibit A (a "Revolving Note"), with appropriate insertions therein as to payee, date and principal amount, payable to the order of such Lender and representing the obligation of the Borrower to pay the aggregate unpaid principal amount of all Revolving Loans made by such Lender to the Borrower pursuant to Section 2.1(a) or 2.3(c), with interest thereon as prescribed in Sections 2.9 and 2.

AMOUNT AND TERMS OF LOANS AND LETTERS OF CREDIT; COMMITMENT AMOUNTS. 2.1 Revolving Loans and Letters of Credit; Revolving Loan Commitment ---------------------------------------------------------------- Amounts. -------. (a) Subject to the terms and conditions hereof, each Lender having a Revolving Loan Commitment severally agrees to (i) make loans on a revolving credit basis through its Applicable Lending Office to the Borrowers Borrower from time to time from and including the Closing Date to but excluding the Revolving Loan Commitment Expiration Date (each a "Revolving Loan"" and, and collectively, the "Revolving Loans") in accordance with the provisions of this Agreement and subject to Section 2.3(c), and (ii) participate through its Applicable Lending Office in letters of credit credit, airway releases and steamship guarantees issued for the account of the Borrowers Borrower pursuant to Section 2.3 from time to time from and including the Closing Date to but excluding the Revolving Loan Commitment Expiration Date (each a "Letter of Credit"" and, and collectively, the "Letters of Credit"); provided, however, that (A) the sum of (A1) the aggregate principal amount of all Revolving Loans outstanding, (B2) the aggregate principal amount of all Swing Line Loans outstanding, (3) the aggregate Letter of Credit Amount of all Letters of Credit outstanding and (C4) the aggregate amount of unreimbursed drawings under all Letters of Credit shall not exceed either the Aggregate Revolving Loan Commitment or the Borrowing Base at any time; and provided, further, that (B) the sum of (x1) the aggregate Letter of Credit Amount of all Letters of Credit outstanding and (y2) the aggregate amount of unreimbursed drawings under all Letters of Credit shall not exceed $60,000,000 at any time and (C) the sum of (1) the aggregate Letter of Credit Amount of all standby Letters of Credit outstanding and (2) the aggregate amount of unreimbursed drawings under all standby Letters of Credit shall not exceed $10,000,000 at any time. Within the limits of each Revolving Loan Lender's Revolving Loan Commitment, the Borrowers Borrower may borrow, have Letters of Credit issued for the Borrowers' Borrower's account, prepay Revolving Loans, reborrow Revolving Loans, and have additional Letters of Credit issued for the Borrowers' Borrower's account after the expiration of previously issued Letters of Credit. Revolving Loan advances requested by the Borrower shall be in an aggregate amount of at least $500,000 in the case of Base Rate Loans and in the aggregate amount of $3,000,000 or an integral multiple of $100,000 in excess thereof in the case of LIBOR Loans. The principal amount of each Revolving Loan Lender's (A) Revolving Loan of a Lender and (B) participation of a Lender in a Letter of Credit shall be in an amount equal to the product of (i) such Revolving Loan Lender's Revolving Loan Commitment Percentage (expressed as a fraction) and (ii) the total amount of the Revolving Loan or Revolving Loans, Loans or the Letter of Credit or Letters of Creditrequested by the Borrower in each instance; provided, requested; provided thathowever, that in no event shall any Revolving Loan Lender be obligated to make -------- ---- a requested Revolving Loan or participate in a requested Letter of Credit if after giving effect to such Revolving Loan or such participation the sum of such Revolving Loan Lender's (x) Revolving Loans outstanding, (y) Revolving Loan Commitment Percentage of the aggregate Letter of Credit Amount of all Letters of Credit outstanding and (z) Revolving Loan Commitment Percentage of the aggregate amount of unreimbursed drawings under all Letters of Credit would exceed its Revolving Loan Commitment or if the amount of such requested Revolving Loan or such Revolving Loan Lender's Revolving Loan Commitment Percentage of such requested Letter of Credit is in excess of such Revolving Loan Lender's Available Revolving Loan Commitment. (b) Subject to Sections 2.10 2.11 and 2.122.13, the Revolving Loans may from time to time be (i) LIBOR Loans, (ii) Base Rate Loans or (iii) a combination thereof, as determined by the Borrowers Borrower and notified to the Agent in accordance with either Section 2.1(d) or 2.

AMOUNT AND TERMS OF LOANS AND LETTERS OF CREDIT; COMMITMENT AMOUNTS. 2.1 Revolving Loans and Letters of Credit; Revolving Loan Commitment ---------------------------------------------------------------- Amounts. ------- (a) Subject to the terms and conditions hereof, each Lender having a Revolving Loan Commitment severally agrees to (i) make loans on a revolving credit basis through its Applicable Lending Office to the Borrowers Borrower from time to time from and including the Closing Date to but excluding the Revolving Loan Commitment Expiration Date (each a "Revolving Loan", and collectively, the -------------- "Revolving Loans") in accordance with the provisions of this Agreement and (ii) --------------- participate through its Applicable Lending Office in letters of credit issued for the account of the Borrowers Borrower pursuant to Section 2.3 2.5 from time to time from and including the Closing Date to but excluding the Revolving Loan Commitment Expiration Date (each a "Letter of Credit", and collectively, the "Letters of ---------------- ---------- Credit"); provided, however, that the sum of (A) the aggregate principal amount ------ of all Revolving Loans outstanding, (B) the aggregate Letter of Credit Amount of all Letters of Credit outstanding and (C) the aggregate amount of unreimbursed drawings under all Letters of Credit shall not exceed the Aggregate Revolving Loan Commitment at any time; and provided, further, that the sum of (x) the aggregate Letter of Credit Amount of all Letters of Credit outstanding and (y) the aggregate amount of unreimbursed drawings under all Letters of Credit shall not exceed $10,000,000 25,000,000 at any time. Within the limits of each Revolving Loan Lender's Revolving Loan Commitment, the Borrowers Borrower may borrow, have Letters of Credit issued for the Borrowers' Borrower's account, prepay Revolving Loans, reborrow Revolving Loans, and have additional Letters of Credit issued for the Borrowers' Borrower's account after the expiration of previously issued Letters of Credit. The principal amount of each Revolving Loan Lender's (A) Revolving Loan and (B) participation in a Letter of Credit shall be in an amount equal to the product of (i) such Revolving Loan Lender's Revolving Loan Commitment Percentage (expressed as a fraction) and (ii) the total amount of the Revolving Loan or Revolving Loans, or the Letter of Credit or Letters of Credit, requested; provided that, in no event -------- ---- shall any Revolving Loan Lender be obligated to make -------- ---- a Revolving Loan or participate in a Letter of Credit if after giving effect to such Revolving Loan or such participation the sum of such Revolving Loan Lender's (x) Revolving Loans outstanding, (y) Revolving Loan Commitment Percentage of the aggregate Letter of Credit Amount of all Letters of Credit outstanding and (z) Revolving Loan Commitment Percentage of the aggregate amount of unreimbursed drawings under all Letters of Credit would exceed its Revolving Loan Commitment or if the amount of such requested Revolving Loan or such Revolving Loan Lender's Revolving Loan Commitment Percentage of such Letter of Credit is in excess of such Revolving Loan Lender's Available Revolving Loan Commitment. (b) Subject to Sections 2.10 2.12 and 2.122.14, the Revolving Loans may from time to time be (i) LIBOR Loans, (ii) Base Rate Loans or (iii) a combination thereof, as determined by the Borrowers Borrower and notified to the Agent in accordance with either Section 2.1(d) or 2.