Common use of Amount Limitations Clause in Contracts

Amount Limitations. Notwithstanding any other term of this Agreement or any other Loan Document, no Lender shall be required to make a Loan, no Issuing Bank shall be required to issue a Letter of Credit and no reduction of the Revolving Commitments pursuant to Section 2.13 shall take effect, if immediately after the making of such Loan, the issuance of such Letter of Credit or such reduction in the Revolving Commitments: (a) the aggregate principal amount of all outstanding Loans, together with aggregate amount of all Letter of Credit Liabilities, would exceed the Maximum Loan Availability at such time or (b) such Lxxxxx’s Revolving Commitment Percentage of the aggregate principal amount of all outstanding Loans, together with the aggregate amount of all Letter of Credit Liabilities, would exceed such Lxxxxx’s Revolving Commitment. Notwithstanding anything to the contrary contained herein, when determining whether the making of a Loan, the issuance of a Letter of Credit or a reduction in the Revolving Commitments would comply with the requirements of the immediately preceding clause (b) with respect to the Lender then acting as Swingline Lender and/or Issuing Bank, such Lxxxxx’s Revolving Commitment Percentage of the aggregate principal amount of all outstanding Swingline Loans made by such Lender and all Letter of Credit Liabilities under Letters of Credit issued by such Lender shall be deemed to be one hundred percent (100%) (i.e., the usage of such Lxxxxx’s Revolving Commitment shall not be reduced by reason of any unreimbursed participations in such Swingline Loans or Letters of Credit by any other Lender pursuant to the terms of this Agreement).

Amount Limitations. Notwithstanding any other term of this Agreement or any other Loan Document, no Revolving Loan Lender shall be required to make a Revolving Loan or to purchase a participation in a Swingline Loan or Letter of Credit, the Issuing Lender shall not be required to issue a Letter of Credit and no reduction of the Revolving Loan Commitments pursuant to Section 2.12. shall take effect, if immediately after the making of such Revolving Loan or purchase of such participation, the issuance of such Letter of Credit or such reduction in the Revolving Loan Commitments, the aggregate amount of all outstanding Revolving Loans and Letter of Credit Liabilities would exceed the aggregate amount of Revolving Loan Commitments. Notwithstanding any other term of this Agreement or any other Loan Document, no Lender shall be required to make a Loan, no Loan and the Issuing Bank Lender shall not be required to issue a Letter of Credit and no reduction of the Revolving Loan Commitments pursuant to Section 2.13 2.12. shall take effect, if immediately after the making of such Loan, the issuance of such Letter of Credit or such reduction in the Revolving Loan Commitments: (a) , the aggregate principal amount of all outstanding Loans, together with aggregate amount of all Letter of Credit Liabilities, would exceed the Maximum Loan Availability at such time or (b) such Lxxxxx’s Revolving Commitment Percentage Unsecured Indebtedness of the aggregate principal amount of all Parent, the Borrower and their respective Subsidiaries (including, without limitation, outstanding Loans, Loans together with the aggregate amount of all Letter of Credit Liabilities, ) would exceed such Lxxxxx’s Revolving Commitment. Notwithstanding anything to the contrary contained herein, when determining whether the making cause a Default or Event of a Loan, the issuance of a Letter of Credit Default under Section 10.1.(g) or a reduction in the Revolving Commitments would comply with the requirements of the immediately preceding clause (b) with respect to the Lender then acting as Swingline Lender and/or Issuing Bank, such Lxxxxx’s Revolving Commitment Percentage of the aggregate principal amount of all outstanding Swingline Loans made by such Lender and all Letter of Credit Liabilities under Letters of Credit issued by such Lender shall be deemed to be one hundred percent (100%) (i.e., the usage of such Lxxxxx’s Revolving Commitment shall not be reduced by reason of any unreimbursed participations in such Swingline Loans or Letters of Credit by any other Lender pursuant to the terms of this Agreementh).

Amount Limitations. Notwithstanding any other term of this Agreement or any other Loan Document, no : (a) No Lender shall be required to make a Loan, no Issuing Bank the Agent shall not be required to issue a Letter of Credit and no reduction of the Revolving Commitments pursuant to Section 2.13 2.12. shall take effect, if immediately after the making of such Loan, the issuance of such Letter of Credit or such reduction in the Revolving Commitments: (a) the aggregate principal amount of all outstanding Loans, together with aggregate amount of all Letter of Credit Liabilities, would exceed the Maximum Loan Availability at such time or (b) such Lxxxxx’s Revolving Commitment Percentage of the aggregate principal amount of all outstanding Loans, together with the aggregate amount of all Letter of Credit Liabilities, would exceed the lesser of (i) the aggregate amount of the Commitments at such Lxxxxx’s Revolving Commitmenttime and (ii) the Borrowing Base at such time. (b) No Lender shall be required to make a Tranche A Loan, the Agent shall not be required to issue a Tranche A Letter of Credit and no reduction of the Tranche A Commitments pursuant to Section 2.12. Notwithstanding anything to the contrary contained hereinshall take effect, when determining whether if immediately after the making of a such Loan, the issuance of a such Letter of Credit or a reduction in the Revolving Commitments would comply with the requirements of the immediately preceding clause (b) with respect to the Lender then acting as Swingline Lender and/or Issuing Banksuch Commitment, such Lxxxxx’s Revolving Commitment Percentage of the aggregate principal amount of all outstanding Swingline Loans made by such Lender and Tranche A Loans, together with the aggregate principal amount of all Tranche A Letter of Credit Liabilities under Letters of Credit issued by such Liabilities, would exceed the aggregate Tranche A Commitments. (c) No Lender shall be deemed required to be one hundred percent (100%) (i.e.make a Tranche B Loan, the usage of such Lxxxxx’s Revolving Commitment Agent shall not be reduced by reason of any unreimbursed participations in such Swingline Loans or Letters required to issue a Tranche B Letter of Credit by any other Lender and no reduction of the Tranche B Commitments pursuant to Section 2.12. shall take effect, if immediately after the terms making of this Agreement)such Loan, the issuance of such Letter of Credit or reduction of such Commitment, the aggregate principal amount of all outstanding Tranche B Loans, together with the aggregate principal amount of all Tranche B Letter of Credit Liabilities, would exceed the aggregate Tranche B Commitments.

Amount Limitations. Notwithstanding any other term of this Agreement or any other Loan Document, no Lender shall be required to make a Loan, no Revolving Lender shall make any Bid Rate Loan, the Issuing Bank Banks shall not be required to issue a Letter any Letters of Credit and no reduction of the Revolving Commitments pursuant to Section 2.13 2.13. shall take effect, if immediately after the making of such Loan, the issuance of such Letter of Credit or such reduction in the Revolving Commitments: : (a) the aggregate principal amount of all outstanding Revolving Loans, together with aggregate amount of all Letter of Credit Liabilities, would exceed the Maximum Loan Availability at such time or (b) such Lxxxxx’s Revolving Commitment Percentage of the aggregate principal amount of all outstanding Bid Rate Loans and Swingline Loans, together with the aggregate amount of all Letter of Credit Liabilities, would exceed such Lxxxxx’s Revolving Commitment. Notwithstanding anything to the contrary contained herein, when determining whether the making aggregate amount of a Loan, the issuance of a Letter of Credit or a reduction in the Revolving Commitments would comply with the requirements of the immediately preceding clause at such time; (b) with respect to the Lender then acting as Swingline Lender and/or Issuing Bank, such Lxxxxx’s Revolving Commitment Percentage of the aggregate principal amount of all outstanding Swingline Bid Rate Loans made by would exceed 50.0% of the aggregate amount of the Revolving Commitments at such Lender and all Letter time; (c) the aggregate Stated Amount of Credit Liabilities under outstanding Letters of Credit issued by such Lender shall be deemed to be one hundred percent an Issuing Bank would exceed the lesser of (100%i) one-fifth of the L/C Commitment Amount and (i.e., ii) the usage Commitment of such Lxxxxx’s Issuing Bank in its capacity as a Lender; or (d) the aggregate principal amount of Swingline Loans made by a Swingline Lender would exceed the lesser of (i) $25,000,000, as such amount may be reduced from time to time in accordance with the terms hereof and (ii) the Revolving Commitment shall not be reduced by reason of any unreimbursed participations in such Swingline Lender in its capacity as a Revolving Lender minus the aggregate outstanding principal amount of Revolving Loans or Letters of Credit by any other such Swingline Lender pursuant to the terms of this Agreement)in its capacity as a Revolving Lender.

Amount Limitations. (a) Notwithstanding any other term of this Agreement or any other Loan Document, no Revolving Lender shall be required to make a Revolving Loan, no Issuing Bank shall be required to issue a Letter of Credit Credit, no Swingline Lender shall be required to make a Swingline Loan and no reduction of the Revolving Loan Commitments pursuant to Section 2.13 2.10 shall take effect, if immediately after the making of such Revolving Loan, the issuance of such Letter of Credit Credit, the making of such Swingline Loan or such reduction in the Revolving Commitments: (a) Loan Commitments the aggregate principal amount of all outstanding Loans, together with aggregate amount of all Letter of Credit Liabilities, would exceed the Maximum Loan Availability at such time or (b) such Lxxxxx’s Revolving Commitment Percentage of the aggregate principal amount of all outstanding Loans and Swingline Loans, together with the aggregate amount of the Stated Amounts of all Letter Letters of Credit Liabilitiesthen outstanding and all unreimbursed LC Disbursements then outstanding, would exceed such Lxxxxx’s Revolving Commitment. Notwithstanding anything to the contrary contained herein, when determining whether the making aggregate amount of a Loan, the issuance of a Letter of Credit or a reduction in the Revolving Loan Commitments would comply with the requirements of the immediately preceding clause at such time. (b) with respect to the Lender then acting as Swingline Lender and/or Issuing BankNotwithstanding any other term of this Agreement or any other Loan Document, such Lxxxxx’s Revolving Commitment Percentage of the aggregate principal amount of all outstanding Swingline Loans made by such Lender and all Letter of Credit Liabilities under Letters of Credit issued by such no Term Loan Lender shall be deemed required to be one hundred percent (100%) (i.e., make a Term Loan if the usage amount of such LxxxxxTerm Loan would exceed such Lender’s Revolving Commitment shall not be reduced by reason of any unreimbursed participations in such Swingline Loans or Letters of Credit by any other Lender pursuant to the terms of this Agreement)Term Loan Commitment.

Amount Limitations. (a) Notwithstanding any other term provision hereof, the obligations of this Agreement or any other Loan Document, no Lender shall be required to make a Loan, no Issuing Bank shall be required to issue a Letter of Credit and no reduction of the Revolving Commitments each Equity Holder pursuant to Section 2.13 8.1 are subject to the following limitations: (i) with respect to indemnification by the Equity Holders for any Company Warranty Breach (exclusive of indemnification with respect to Sections 3.1(d)(Authorization), 3.1(i)(Capitalization), 3.1(bb)(Brokers) or 3.1(gg)(Indebtedness), or, for the avoidance of any doubt, any claims described in Section 8.1(c) to the extent any such claim may arise out of or in connection with any Company Warranty Breach, or in cases of fraud or willful misrepresentation (the “Specified Exceptions”)), the Buyer Indemnitees shall take effect, not be entitled to recover Damages unless and until the total amount of Damages asserted against the Equity Holders exceeds the Indemnification Basket; provided that if immediately after the making total amount of such LoanDamages exceeds such amount, then any Indemnified Party that has suffered or incurred any Damages shall be indemnified and held harmless for all such Damages, and not only those Damages that exceed such amount; (ii) with respect to indemnification by the Equity Holders for any Company Warranty Breach (exclusive of the Specified Exceptions) or pursuant to Section 8.1(e), the issuance Buyer Indemnitees sole source of such Letter of Credit or such reduction in recourse shall be the Revolving Commitments: (a) the aggregate principal amount of all outstanding Loans, together with aggregate amount of all Letter of Credit Liabilities, would exceed the Maximum Loan Availability at such time or (b) such Lxxxxx’s Revolving Commitment Percentage of the aggregate principal amount of all outstanding Loans, together with Escrowed Remainder; provided that the aggregate amount of Damages recoverable by the Buyer Indemnitees pursuant to Section 8.1(a) shall not exceed 50% of the Indemnification Escrow Amount (plus all Letter of Credit Liabilities, would exceed such Lxxxxx’s Revolving Commitment. Notwithstanding anything to the contrary contained herein, when determining whether the making of a Loan, the issuance of a Letter of Credit or a reduction income earned thereon in the Revolving Commitments would comply with the requirements of the immediately preceding clause Indemnification Escrow Account); (biii) with respect to indemnification by the Lender then acting as Swingline Lender and/or Issuing BankEquity Holders pursuant to Section 8.1(e), such Lxxxxx’s Revolving Commitment Percentage the Buyer Indemnitees sole source of recourse shall be the Escrowed Remainder; provided that the aggregate amount of Damages recoverable by the Buyer Indemnitees pursuant to Section 8.1(e) shall not exceed 50% of the aggregate principal amount Indemnification Escrow Amount (plus all income earned thereon in the Indemnification Escrow Account); and (iv) the liability of all outstanding Swingline Loans made by each Equity Holder for Damages with respect to any indemnification claim of Buyer Indemnitees under Section 8.1 shall not exceed such Lender and all Letter of Credit Liabilities under Letters of Credit issued by such Lender shall be deemed to be one hundred percent Equity Holder’s Individual Portion. (100%b) (i.e.Notwithstanding any other provision hereof, the usage obligations of such Lxxxxx’s Revolving Commitment Buyer pursuant to Section 8.2 are subject to the following limitations: (i) with respect to indemnification by Buyer for any Buyer Warranty Breach, the Equity Indemnitees shall not be reduced entitled to recover Damages unless and until the total amount of Damages asserted against Buyer exceeds the Indemnification Basket; provided that if the total amount of such Damages exceeds such amount, then any Indemnified Party that has suffered or incurred any Damages shall be indemnified and held harmless for all such Damages, and not only those Damages that exceed such amount; and (ii) the aggregate amount of Damages recoverable by reason of any unreimbursed participations in such Swingline Loans or Letters of Credit by any other Lender the Equity Indemnitees pursuant to the terms of this Agreement)Section 8.2 shall not exceed an amount equal to $15,000,000.

Amount Limitations. Notwithstanding any other term of this Agreement or any other Loan Document, no Lender shall be required to make a Loan, no Revolving Lender shall make any Bid Rate Loan, the Issuing Bank Banks shall not be required to issue a Letter any Letters of Credit and no reduction of the Revolving Commitments pursuant to Section 2.13 2.13. shall take effect, if immediately after the making of such Loan, the issuance of such Letter of Credit or such reduction in the Revolving Commitments: : (a) the aggregate principal amount of all outstanding Revolving Loans, together with aggregate amount of all Letter of Credit Liabilities, would exceed the Maximum Loan Availability at such time or (b) such Lxxxxx’s Revolving Commitment Percentage of the aggregate principal amount of all outstanding Bid Rate Loans and Swingline Loans, together with the aggregate amount of all Letter of Credit Liabilities, would exceed such Lxxxxx’s Revolving Commitment. Notwithstanding anything to the contrary contained herein, when determining whether the making aggregate amount of a Loan, the issuance of a Letter of Credit or a reduction in the Revolving Commitments would comply with the requirements of the immediately preceding clause at such time; (b) with respect to the Lender then acting as Swingline Lender and/or Issuing Bank, such Lxxxxx’s Revolving Commitment Percentage of the aggregate principal amount of all outstanding Swingline Bid Rate Loans made by would exceed 50.0% of the aggregate amount of the Revolving Commitments at such Lender and all Letter time; (c) the aggregate Stated Amount of Credit Liabilities under outstanding Letters of Credit issued by such Lender shall be deemed to be one hundred percent an Issuing Bank would exceed the lesser of (100%i) one-fifth of the L/C Commitment Amount and (i.e., ii) the usage Revolving Commitment of such Lxxxxx’s Issuing Bank in its capacity as a Revolving Lender; or (d) the aggregate principal amount of Swingline Loans made by a Swingline Lender would exceed the lesser of (i) $25,000,000, as such amount may be reduced from time to time in accordance with the terms hereof and (ii) the Revolving Commitment shall not be reduced by reason of any unreimbursed participations in such Swingline Lender in its capacity as a Revolving Lender minus the aggregate outstanding principal amount of Revolving Loans or Letters of Credit by any other such Swingline Lender pursuant to the terms of this Agreement)in its capacity as a Revolving Lender.