Common use of Bridge Loans Clause in Contracts

Bridge Loans. Subject to all of the terms and conditions hereof, during the period from and including December 10, 1999, to but not including March 31, 2000 (the "Bridge Loan Period"), Bank of Montreal (the "Bridge Loan Bank", the Bridge Loan Bank to constitute a Bank for all purposes of the Loan Documents) agrees to make loans from time to time in its discretion in accordance with the terms hereof (collectively, the "Bridge Loans", the Bridge Loans to constitute Loans for all purposes of the Loan Documents) to the Borrower under a short-term bridge loan facility in an aggregate amount at any one time outstanding not to exceed $9,400,000 (the "Bridge Loan Commitment"); provided, however, that Bridge Loans shall be available to the Borrower only if and so long as the Revolving Credit Commitments of the Banks are fully utilized and the maximum amount of Loans thereunder are outstanding. Bridge Loans may be availed of by the Borrower from time to time during the Bridge Loan Period and Borrowings thereunder may be repaid and used again through but not including the last day of the Bridge Loan Period, at which time the Bridge Loan Commitment shall expire. The Borrower hereby promises to pay all Bridge Loans on the last day of the Bridge Loan Period, the final maturity thereof. Each Borrowing of Bridge Loans shall be subject to (i) the notice requirements for Borrowings under the terms of Section 1.6 of this Agreement, except that the Borrower shall provide at least 2 Business Days prior written notice of each Borrowing of Bridge Loans pursuant to the terms of clause (f) below (except to the extent waived by the Bridge Loan Bank in its discretion), (ii) the satisfaction of the conditions set forth in Section 7.2 hereof (with all references therein to a Borrowing to be deemed a reference to a Borrowing of Bridge Loans, and (iii) compliance with the terms of clause (f) below. The Bridge Loan Bank shall maintain on its internal records an account evidencing the indebtedness of the Borrower owing to the Bridge Loan Bank in respect of the Bridge Loans, including the principal amount of the Bridge Loans made by it and the interest thereon and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on the Borrower, absence manifest error; provided, that the failure to make any such recordation, or any error in such recordation, shall not affect the Borrower's obligation to repay all principal and interest in respect of the Bridge Loans made by the Bridge Loan Bank to the Borrower. Upon request by the Bridge Loan Bank, the Borrower shall execute and deliver to the Bridge Loan Bank a promissory note to evidence the Bridge Loans (the "Bridge Loan Note", the Bridge Loan Note to constitute a Note for all purposes of the Loan Documents), such Bridge Loan Note to be payable to the order of the Bridge Loan Bank in the principal amount of its Bridge Loan Commitment and otherwise in the form of Exhibit J hereto. Without regard to the face principal amount of the Bridge Loan Note, the actual principal amount at any time outstanding and owing by the Borrower on account of such Bridge Loan Note shall be the sum of all Bridge Loans then or theretofore made thereon less all payments actually received thereon.

Bridge Loans. Subject to all of the terms and conditions hereof, during the period from and including December 10November 12, 1999, to but not including March 31November 26, 2000 1999 (the "Bridge Loan Period"), Bank of Montreal (the "Bridge Loan BankBOM", the Bridge Loan Bank to constitute a Bank for all purposes of the Loan Documents) agrees to make loans from time to time in its discretion in accordance with the terms hereof (collectively, the "Bridge Loans", the Bridge Loans to constitute Loans for all purposes of the Loan DocumentsDocuments except that such Loans shall only be made by BOM and no other Bank shall have any obligation to fund any part thereof or purchase a participation therein) to the Borrower under a short-term bridge loan facility in an aggregate amount at any one time outstanding not to exceed $9,400,000 3,000,000 (the "Bridge Loan Commitment"); provided, however, that Bridge Loans shall be available to the Borrower only if and so long as the Revolving Credit Commitments of the Banks are fully utilized and the maximum amount of Loans thereunder are outstanding. Bridge Loans may be availed of by the Borrower from time to time during the Bridge Loan Period and Borrowings borrowings thereunder may be repaid and used again through but not including the last day of the Bridge Loan Period, at which time the Bridge Loan Commitment shall expire. The Borrower hereby promises to pay all Bridge Loans (both for principal and interest) on the last day of the Bridge Loan PeriodNovember 26, 1999, the final maturity thereof. Each BOM's obligation to make any Bridge Loan shall be subject to the further condition that all conditions set forth herein and in Section 7.2 shall have been satisfied (with all references to a Borrowing therein to be deemed a reference to an advance of a Bridge Loan). Advances of Bridge Loans shall also be subject to (i) the notice requirements for Borrowings under the terms of Section 1.6 of this Agreement, except that the Borrower shall provide at least 2 Business Days prior written notice of each Borrowing of Bridge Loans pursuant to the terms of clause (f) below (except to the extent waived by the Bridge Loan Bank in its discretion), (ii) the satisfaction of the conditions set forth in Section 7.2 hereof (with all references therein to a Borrowing to be deemed a reference to a Borrowing of Bridge Loans, and (iii) compliance with the terms of clause (f) below. The Bridge Loan Bank BOM shall maintain on its internal records an account evidencing the indebtedness of the Borrower to BOM owing to the Bridge Loan Bank it in respect of the Bridge Loans, including the principal amount of the Bridge Loans made by it and the interest thereon and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on the Borrower, absence manifest error; provided, that the failure to make any such recordation, or any error in such recordation, shall not affect the Borrower's obligation to repay all principal and interest in respect of the Bridge Loans made by the Bridge Loan Bank to the BorrowerLoans. Upon request by the Bridge Loan BankBOM, the Borrower shall execute and deliver to the Bridge Loan Bank BOM a promissory note to evidence the Bridge Loans (the "Bridge Loan Note", the Bridge Loan Note to constitute a Note for all purposes of the Loan Documents), such the Bridge Loan Note to be payable to the order of the Bridge Loan Bank BOM in the principal amount of its Bridge Loan Commitment $3,000,000 and otherwise in the form of Exhibit J hereto. Without regard to the face principal amount of the Bridge Loan Note, the actual principal amount at any time outstanding and owing by the Borrower on account of such the Bridge Loan Note shall be the sum of all Bridge Loans then or theretofore made thereon less all payments actually received thereon.

Bridge Loans. Subject to all of (a) The Borrower has requested, and the terms and conditions hereof, during Lenders identified as “Bridge Lenders” on the period from and including December 10, 1999, to but not including March 31, 2000 (the "Bridge Loan Period"), Bank of Montreal (the "Bridge Loan Bank", the Bridge Loan Bank to constitute a Bank for all purposes of the Loan Documents) agrees to make loans from time to time in its discretion in accordance with the terms hereof signature pages hereto (collectively, the "“Bridge Lenders”) have agreed to provide, a new class of Term Loans (the “Bridge Loans", the Bridge Loans ”) established pursuant to constitute Loans for all purposes of the Loan Documents) to the Borrower under a short-term bridge loan facility in an aggregate principal amount at any one time outstanding not of $7,500,000 to exceed $9,400,000 be funded on the Bridge Loan Closing Date. (b) Each Bridge Lender agrees that the amount of its Term Loan Commitment (the "“Bridge Loan Commitment"); provided, however, that Commitments”) with respect to the Bridge Loans shall be available as set forth next to such Lender’s name on Schedule B hereto. (c) Each Bridge Lender (i) appoints and authorizes the Administrative Agent to take such action as agent on its behalf and to exercise such powers under the Credit Agreement and the other Loan Documents as are delegated to the Borrower only if Administrative Agent by the terms thereof, together with such powers as are reasonably incidental thereto and so long as the Revolving Credit Commitments (ii) agrees that it will perform in accordance with their terms all of the Banks are fully utilized and the maximum amount of Loans thereunder are outstanding. Bridge Loans may be availed of obligations which by the Borrower from time terms of the Credit Agreement are required to time during be performed by it as a Bridge Lender. (d) Each Bridge Lender agrees that (i) effective on and at all times after the Bridge Loan Period Closing Date, such Bridge Lender will be bound by all obligations of a Lender under the Credit Agreement and Borrowings thereunder may be repaid (ii) subject to the terms and used again through but not including conditions set forth in this Amendment, on the last day applicable dates, such Bridge Lender will fund Bridge Loans in Dollars to the Administrative Agent for the account of the Borrower in an amount equal to such Bridge Loan Commitment. The Bridge Loan Commitments shall terminate on the Bridge Loan Closing Date following the funding of the Bridge Loan PeriodLoans in full. For the avoidance of doubt, at which time the any Person holding a Bridge Loan Commitment shall expire. The Borrower hereby promises be deemed to pay all Bridge Loans on be a Lender under the last day of Credit Agreement, and the Bridge Loan Period, the final maturity thereof. Each Borrowing of Bridge Loans shall be subject deemed to be Loans under the Credit Agreement. (ie) Except as expressly set forth in the notice requirements for Borrowings under Credit Agreement, as amended hereby, the terms of Section 1.6 of this Agreement, except that the Borrower shall provide at least 2 Business Days prior written notice of each Borrowing of Bridge Loans pursuant shall be identical to the terms of clause (f) below (except the existing Term Loans. References in the Credit Agreement to the extent waived by the Bridge Loan Bank in its discretion)Term Loans shall include, (ii) the satisfaction of the conditions set forth in Section 7.2 hereof (with all references therein to a Borrowing to be deemed a reference to a Borrowing of Bridge Loanswithout limitation, and (iii) compliance with the terms of clause (f) below. The Bridge Loan Bank shall maintain on its internal records an account evidencing the indebtedness of the Borrower owing to the Bridge Loan Bank in respect of the Bridge Loans, including the principal amount of the Bridge Loans made by it and the interest thereon and each repayment and prepayment in respect thereof. Any such recordation which shall be conclusive and binding on the Borrower, absence manifest error; provided, that the failure to make any such recordation, or any error in such recordation, shall not affect the Borrower's obligation to repay all principal and interest in respect of the Bridge Loans made by the Bridge Loan Bank to the Borrower. Upon request by the Bridge Loan Bank, the Borrower shall execute and deliver to the Bridge Loan Bank a promissory note to evidence the Bridge Loans (the "Bridge Loan Note", the Bridge Loan Note to constitute a Note for all purposes of the Loan Documents), such Bridge Loan Note deemed to be payable to a separate tranche of Term Loans under the order of the Bridge Loan Bank in the principal amount of its Bridge Loan Commitment and otherwise in the form of Exhibit J hereto. Without regard to the face principal amount of the Bridge Loan Note, the actual principal amount at any time outstanding and owing by the Borrower on account of such Bridge Loan Note shall be the sum of all Bridge Loans then or theretofore made thereon less all payments actually received thereonCredit Agreement.

Bridge Loans. Subject to all of the terms and conditions hereof, during the period from and including December 10November 12, 1999, to but not including March January 31, 2000 (the "Bridge Loan Period"), Bank of Montreal (the "Bridge Loan BankBOM", the Bridge Loan Bank to constitute a Bank for all purposes of the Loan Documents) agrees to make loans from time to time in its discretion in accordance with the terms hereof (collectively, the "Bridge Loans", the Bridge Loans to constitute Loans for all purposes of the Loan DocumentsDocuments except that such Loans shall only be made by BOM and no other Bank shall have any obligation to fund any part thereof or purchase a participation therein) to the Borrower under a short-term bridge loan facility in an aggregate amount at any one time outstanding not to exceed (i) $9,400,000 3,000,000 through the period ending December 2, 1999, and (ii) $4,400,000 at all times thereafter (the "Bridge Loan Commitment"); provided, however, that Bridge Loans shall be available to the Borrower only if and so long as the Revolving Credit Commitments of the Banks are fully utilized and the maximum amount of Loans thereunder are outstanding. Bridge Loans may be availed of by the Borrower from time to time during the Bridge Loan Period and Borrowings borrowings thereunder may be repaid and used again through but not including the last day of the Bridge Loan Period, at which time the Bridge Loan Commitment shall expire. The Borrower hereby promises to pay all Bridge Loans (both for principal and interest) on the last day of the Bridge Loan Period, the final maturity thereof. Each BOM's obligation to make any Bridge Loan shall be subject to the further condition that all conditions set forth herein and in Section 7.2 shall have been satisfied (with all references to a Borrowing therein to be deemed a reference to an advance of a Bridge Loan). Advances of Bridge Loans shall also be subject to (i) the notice requirements for Borrowings under the terms of Section 1.6 of this Agreement, except that the Borrower shall provide at least 2 Business Days prior written notice of each Borrowing of Bridge Loans pursuant to the terms of clause (f) below (except to the extent waived by the Bridge Loan Bank in its discretion), (ii) the satisfaction of the conditions set forth in Section 7.2 hereof (with all references therein to a Borrowing to be deemed a reference to a Borrowing of Bridge Loans, and (iii) compliance with the terms of clause (f) below. The Bridge Loan Bank BOM shall maintain on its internal records an account evidencing the indebtedness of the Borrower to BOM owing to the Bridge Loan Bank it in respect of the Bridge Loans, including the principal amount of the Bridge Loans made by it and the interest thereon and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on the Borrower, absence manifest error; provided, that the failure to make any such recordation, or any error in such recordation, shall not affect the Borrower's obligation to repay all principal and interest in respect of the Bridge Loans made by the Bridge Loan Bank to the BorrowerLoans. Upon request by the Bridge Loan BankBOM, the Borrower shall execute and deliver to the Bridge Loan Bank BOM a promissory note to evidence the Bridge Loans (the "Bridge Loan Note", the Bridge Loan Note to constitute a Note for all purposes of the Loan Documents), such the Bridge Loan Note to be payable to the order of the Bridge Loan Bank BOM in the principal amount of its Bridge Loan Commitment $4,400,000 and otherwise in the form of Exhibit J hereto. Without regard to the face principal amount of the Bridge Loan Note, the actual principal amount at any time outstanding and owing by the Borrower on account of such the Bridge Loan Note shall be the sum of all Bridge Loans then or theretofore made thereon less all payments actually received thereon.