Common use of Availability of U.S. Loans Clause in Contracts

Availability of U.S. Loans. (a) During the period commencing on the Closing Date and ending on the date the Bankruptcy Court and Canadian Court (if applicable), as the case may be, enters the Final Order (such period being referred to as the “Interim Period”), (i) US$65,000,000 of the U.S. Tranche A Revolving Commitment (the “Interim U.S. Tranche A Revolving Commitment”) and (ii) the entire U.S. Tranche B Revolving Commitment (the U.S. Tranche B Revolving Commitment, together with the Interim U.S. Tranche A Revolving Commitment, the “Interim U.S. Revolving Commitment”) shall be available to the U.S. Borrower and the Canadian Borrower (subject to compliance with the U.S. Borrowing Base and the terms, conditions and covenants described in this Agreement). (b) On the first Business Day after the expiration of the Interim Period, the entire U.S. Revolving Commitment shall be available to the U.S. Borrower and the Canadian Borrower (subject to compliance with the U.S. Borrowing Base and the terms, conditions and covenants in this Agreement). (c) Notwithstanding any other provision of this Agreement to the contrary, (i) Total U.S. Outstandings shall not at any time exceed the U.S. Borrowing Base, (ii) the aggregate principal amount of the U.S. Tranche A Revolving Loans shall not at any time exceed (x) prior to the expiration of the Interim Period, the Interim U.S. Tranche A Revolving Commitment, and (y) from and after the expiration of the Interim Period, the U.S. Tranche A Revolving Commitment (as such U.S. Tranche A Revolving Commitment may be reduced from time to time pursuant to the terms of this Agreement) and (iii) U.S. Tranche B Revolving Credit Utilization shall not at any time exceed the U.S. Tranche B Revolving Commitment (as such U.S. Tranche B Revolving Commitment may be reduced from time to time pursuant to the terms of this Agreement), and no Loan shall be made or Letter of Credit issued in violation of the foregoing.

Availability of U.S. Loans. (a) During the period commencing on the Closing Date and ending on the date the Bankruptcy Court and Canadian Court (if applicable), as the case may be, enters the Final Order (such period being referred to as the “Interim Period”), (i) US$65,000,000 100,000,000 of the U.S. Tranche A Revolving Commitment (the “Interim U.S. Tranche A Revolving Commitment”) and (ii) the entire U.S. Tranche B Revolving Commitment (the U.S. Tranche B Revolving Commitment, together with the Interim U.S. Tranche A Revolving Commitment, the “Interim U.S. Revolving Commitment”) shall be available to the U.S. Borrower and the Canadian Borrower (subject to compliance with the U.S. Borrowing Base and the terms, conditions and covenants described in this Agreement). (b) On the first Business Day after the expiration of the Interim Period, the entire U.S. Revolving Commitment shall be available to the U.S. Borrower and the Canadian Borrower (subject to compliance with the U.S. Borrowing Base and the terms, conditions and covenants in this Agreement). (c) Notwithstanding any other provision of this Agreement to the contrary, (i) Total U.S. Outstandings shall not at any time exceed the U.S. Borrowing Base, Base and (ii) the aggregate principal amount of the U.S. Tranche A Revolving Loans Credit Utilization shall not at any time exceed (x) prior to the expiration of the Interim Period, the Interim U.S. Tranche A Revolving Commitment, and (y) from and after the expiration of the Interim Period, the U.S. Tranche A Revolving Commitment (as such U.S. Tranche A Revolving Commitment may be reduced from time to time pursuant to the terms of this Agreement) and (iii) U.S. Tranche B Revolving Credit Utilization shall not at any time exceed the U.S. Tranche B Revolving Commitment (as such U.S. Tranche B Revolving Commitment may be reduced from time to time pursuant to the terms of this Agreement), and no Loan shall be made or Letter of Credit issued in violation of the foregoing.