Common use of Commitment to Lend Clause in Contracts

Commitment to Lend. Subject to the terms and conditions set forth in Section 10 hereof, each of the Banks severally shall lend to the Borrowers, and each Borrower may borrow, repay, and reborrow from time to time between the Closing Date and the Maturity Date upon notice by the applicable Borrower to the Administrative Agent given in accordance with Section 2.8, such sums as are requested by the Borrowers up to a maximum aggregate principal amount Outstanding (after giving effect to all amounts requested) at any one time equal to such Bank’s Commitment, provided that (a) the Outstanding amount of the Loans (after giving effect to all amounts requested) shall not at any time exceed the Total Commitment and (b) the Outstanding amount of the Federal Funds Rate Loans (after giving effect to all amounts requested) shall not at any time exceed $500,000,000. The Loans shall be made pro rata in accordance with each Bank’s Commitment Percentage; provided that the failure of any Bank to lend in accordance with this Credit Agreement shall not release any other Bank or the Administrative Agent from their obligations hereunder, nor shall any Bank have any responsibility or liability in respect of a failure of any other Bank to lend in accordance with this Credit Agreement. Each request for a Loan and each borrowing hereunder shall constitute a representation and warranty by the Borrower requesting such Loan that the conditions set forth in Section 10 have been satisfied on the date of such request.

Commitment to Lend. Subject to the terms and conditions set forth in Section 10 hereof, each of the Banks severally shall lend to the Borrowers, and each Borrower may borrow, repay, and reborrow from time to time between the Closing Date and the Maturity Termination Date upon notice by the 1.2 AMERICAS/2023306744.4 applicable Borrower to the Administrative Agent given in accordance with Section 2.8, such sums as are requested by the Borrowers up to a maximum aggregate principal amount Outstanding (after giving effect to all amounts requested) at any one time equal to such Bank’s Commitment, provided that (a) the Outstanding amount of the Loans (after giving effect to all amounts requested) shall not at any time exceed the Total Commitment and (b) the Outstanding amount of the Federal Funds Rate Loans (after giving effect to all amounts requested) shall not at any time exceed $500,000,000Commitment. The Loans shall be made pro rata in accordance with each Bank’s Commitment Percentage; provided that the failure of any Bank to lend in accordance with this Credit Agreement shall not release any other Bank or the Administrative Agent from their obligations hereunder, nor shall any Bank have any responsibility or liability in respect of a failure of any other Bank to lend in accordance with this Credit Agreement. Each request for a Loan and each borrowing hereunder shall constitute a representation and warranty by the Borrower requesting such Loan that the conditions set forth in Section 10 have been satisfied on the date of such request.

Commitment to Lend. (a) Subject to the terms and conditions set forth in Section 10 hereof, each of the Banks severally shall lend to the BorrowersBorrower, and each the Borrower may borrow, repay, and reborrow from time to time between the Closing Date and the Maturity Date upon notice by the applicable Borrower to the Administrative Agent given in accordance with Section 2.8, such sums as are requested by the Borrowers Borrower up to a maximum aggregate principal amount Outstanding (after giving effect to all amounts requested) at any one time equal to such Bank’s Commitment, provided that (ai) the Outstanding amount of the Loans (after giving effect to all amounts requested) shall not at any time exceed the Total Commitment and (bii) the Outstanding amount of the Federal Funds Rate Swing Loans (after giving effect to all amounts requested) shall not at any time exceed $500,000,000an amount equal to one half of the Total Commitment. The Loans shall be made pro rata in accordance with each Bank’s Commitment Percentage; provided that the failure of any Bank to lend in accordance with this Credit Agreement shall not release any other Bank or the Administrative Agent from their obligations hereunder, nor shall any Bank have any responsibility or liability in respect of a failure of any other Bank to lend in accordance with this Credit Agreement. Each request for a Loan and each borrowing hereunder shall constitute a representation and warranty by the Borrower requesting such Loan that the conditions set forth in Section 10 have been satisfied on the date of such request. (b) In the event that, at any time when the conditions precedent for any Loan have been satisfied, a Bank fails or refuses to fund its portion of such Loan, then, until such time as such Bank has funded its portion of such Loan, or all of the other Banks have received (in accordance with Section 13.3.3) payment in full of the principal and interest due in respect of such Loan, such non-funding Bank shall not have the right to receive payment of any principal, interest or fees from the Borrower in respect of its Loans.

Commitment to Lend. (a) Subject to the terms and conditions set forth in Section 10 hereof, each of the Banks severally shall lend to the BorrowersBorrower, and each the Borrower may borrow, repay, and reborrow from time to time between the Closing Date and the Maturity Date upon notice by the applicable Borrower to the Administrative Agent given in accordance with Section 2.8, such sums as are requested by the Borrowers Borrower up to a maximum aggregate principal amount Outstanding (after giving effect to all amounts requested) at any one time equal to such Bank’s Commitment, provided that (a) the Outstanding amount of the Loans (after giving effect to all amounts requested) shall not at any time exceed the Total Commitment and (b) the Outstanding amount of the Federal Funds Rate Loans (after giving effect to all amounts requested) shall not at any time exceed $500,000,000Commitment. The Loans shall be made pro rata in accordance with each Bank’s Commitment Percentage; provided that the failure of any Bank to lend in accordance with this Credit Agreement shall not release any other Bank or the Administrative Agent from their obligations hereunder, nor shall any Bank have any responsibility or liability in respect of a failure of any other Bank to lend in accordance with this Credit Agreement. Each request for a Loan and each borrowing hereunder shall constitute a representation and warranty by the Borrower requesting such Loan that the conditions set forth in Section 10 have been satisfied on the date of such request. (b) In the event that, at any time when the conditions precedent for any Loan have been satisfied, a Bank or the Administrative Agent, as the case may be, fails or refuses to fund its portion of such Loan, then, until such time as such Bank or the Administrative Agent, as the case may be, has funded its portion of such Loan, or all of the other Banks and/or the Administrative Agent, as the case may be, have received (in accordance with Section 13.12.3) payment in full of the principal and interest due in respect of such Loan, such non-funding Bank or Administrative Agent, as the case may be, shall not have the right to receive payment of any principal, interest or fees from the Borrower in respect of its Loans.

Commitment to Lend. Subject to the terms and conditions set forth in Section 10 hereof------------------ this Credit Agreement, each of the Banks severally shall agrees to lend to the Borrowers, Borrower and each the Borrower may borrow, repay, and reborrow from time to time between the Closing Date and the Revolving Credit Loan Maturity Date upon notice by the applicable Borrower to the Administrative Agent given in accordance with Section 2.8(S)2.2, such sums as are requested by the Borrowers Borrower up to a maximum aggregate principal amount Outstanding outstanding (after giving effect to all amounts requested) at any one time equal to such Bank’s 's Commitment, provided that (a) the Outstanding sum of the outstanding amount of the Loans -------- (after giving effect to all amounts requested) shall not at any time exceed the Total Commitment and (b) the Outstanding amount of the Federal Funds Rate Loans (after giving effect to all amounts requested) shall not at any time exceed $500,000,000Commitment. The Loans shall be made pro rata in accordance with each --- ---- Bank’s 's Commitment Percentage; provided that the failure of any Bank to lend in accordance with this Credit Agreement shall not release any other Bank or the Administrative Agent from their obligations hereunder, nor shall any Bank have any responsibility or liability in respect of a failure of any other Bank to lend in accordance with this Credit Agreement. Each request for a Loan and each borrowing hereunder shall constitute a representation and warranty by the Borrower requesting such Loan that the conditions set forth in Section 10 (S)9 and (S)10, in the case of the initial Loans to be made on the Closing Date, and (S)10, in the case of all other Loans, have been satisfied on the date of such request.

Commitment to Lend. Subject to the terms and conditions set forth in Section 10 hereofthis Agreement, each of the Banks severally shall agrees to lend to the BorrowersBorrower (the "Loans"), and each the Borrower may borrow, repay, borrow (and reborrow repay and reborrow) from time to time between the Closing Date and the Maturity Date upon notice by the applicable Borrower to the Administrative Agent given in accordance with Section 2.82.5, such sums as are requested by the Borrowers Borrower for the purposes set forth in Section 7.11 up to the lesser of (a) a maximum aggregate principal amount Outstanding outstanding (after giving effect to all amounts requested) at any one time equal to such Bank’s Commitment's Commitment minus such Bank's participations in the aggregate undrawn face amount of Letters of Credit and (b) such Bank's Commitment Percentage of the Borrowing Base; provided, provided that, in all events no Default or Event of Default shall have occurred and be continuing; and provided, further that (a) the Outstanding outstanding principal amount of the Loans (after giving effect to all amounts requested) and the undrawn face amount of Letters of Credit shall not at any time anytime exceed the Total Commitment and (b) the Outstanding amount of the Federal Funds Rate Loans (after giving effect to all amounts requested) shall not at any time exceed $500,000,000Commitment. The Loans shall be made pro rata in accordance with each Bank’s 's Commitment Percentage; provided that the failure of any Bank to lend in accordance with this Credit Agreement shall not release any other Bank or the Administrative Agent from their obligations hereunder, nor shall any Bank have any responsibility or liability in respect of a failure of any other Bank to lend in accordance with this Credit Agreement. Each request for a Loan and each borrowing hereunder shall constitute a representation and warranty by the Borrower requesting such Loan that all of the conditions set forth in Section 10 and Section 11, in the case of the initial Loan, and Section 11, in the case of all other Loans, have been satisfied on the date of such request.

Commitment to Lend. (a) Subject to the terms and conditions set forth in Section 10 hereof, each of the Banks severally shall lend to the BorrowersBorrower, and each the Borrower may borrow, repay, and reborrow from time to time between the Closing Date and the Maturity Date upon notice by the applicable Borrower to the Administrative Agent given in accordance with Section 2.8, such sums as are requested by the Borrowers Borrower up to a maximum aggregate principal amount Outstanding (after giving effect to all amounts requested) at any one time equal to such Bank’s Commitment, provided that (a) the Outstanding amount of the Loans (after giving effect to all amounts requested) shall not at any time exceed the Total Commitment and (b) the Outstanding amount of the Federal Funds Rate Loans (after giving effect to all amounts requested) shall not at any time exceed $500,000,000Commitment. The Loans shall be made pro rata in accordance with each Bank’s Commitment Percentage; provided that the failure of any Bank to lend in accordance with this Credit Agreement shall not release any other Bank or the Administrative Agent from their obligations hereunder, nor shall any Bank have any responsibility or liability in respect of a failure of any other Bank to lend in accordance with this Credit Agreement. Each request for a Loan and each borrowing hereunder shall constitute a representation and warranty by the Borrower requesting such Loan that the conditions set forth in Section 10 have been satisfied on the date of such request. (b) In the event that, at any time when the conditions precedent for any Loan have been satisfied, a Bank fails or refuses to fund its portion of such Loan, then, until such time as such Bank has funded its portion of such Loan, or all of the other Banks have received (in accordance with Section 13.3.3) payment in full of the principal and interest due in respect of such Loan, such non-funding Bank shall not have the right to receive payment of any principal, interest or fees from the Borrower in respect of its Loans.

Commitment to Lend. Subject to the terms and conditions set forth in Section 10 hereof, each of the Banks severally shall lend to the Borrowers, and each Borrower may borrow, repay, and reborrow from time to time between the Closing Date and the Maturity Date upon notice by the applicable Borrower to the Administrative Agent given in accordance with Section 2.82.6, such sums as are requested by the Borrowers up to a maximum aggregate principal amount Outstanding (after giving effect to all amounts requested) at any one time equal to such Bank’s Commitment, provided that (a) the Outstanding amount of the Loans (after giving effect to all amounts requested) shall not at any time exceed the Total Commitment and (b) the Outstanding amount of the Federal Funds Rate Loans (after giving effect to all amounts requested) shall not at any time exceed $500,000,000Commitment. The Loans shall be made pro rata in accordance with each Bank’s Commitment Percentage; provided that the failure of any Bank to lend in accordance with this Credit Agreement shall not release any other Bank or the Administrative Agent from their obligations hereunder, nor shall any Bank have any responsibility or liability in respect of a failure of any other Bank to lend in accordance with this Credit Agreement. Each request for a Loan and each borrowing hereunder shall constitute a representation and warranty by the Borrower requesting such Loan that the conditions set forth in Section 10 have been satisfied on the date of such request.

Commitment to Lend. Subject to the terms and conditions set forth in Section 10 hereofthis Agreement, each of the Banks severally shall agrees to lend to the BorrowersBorrower (the "Loans"), and each the Borrower may borrow, repay, borrow (and reborrow repay and reborrow) from time to time between the Closing Date and the Maturity Date upon notice by the applicable Borrower to the Administrative Agent given in accordance with Section 2.8ss.2.5, such sums as are requested by the Borrowers Borrower for the purposes set forth in ss.7.10 up to a maximum aggregate principal amount Outstanding (after giving effect to all amounts requested) at any one time equal to such Bank’s Commitment, provided that the lesser of (a) such Bank's Commitment and (b) an amount equal to the Borrowing Base Availability multiplied by such Bank's Commitment Percentage; provided, that, in all events no Default or Event of Default shall have occurred and be continuing; and provided, further that the Outstanding amount of the Loans (after giving effect to all amounts requested) shall not at any time anytime exceed the Total Commitment and (b) the Outstanding amount of the Federal Funds Rate Loans (after giving effect to all amounts requested) shall not at any time exceed $500,000,000Commitment. The Loans shall be made pro rata in accordance with each Bank’s 's Commitment Percentage; provided that the failure of any Bank to lend in accordance with this Credit Agreement shall not release any other Bank or the Administrative Agent from their obligations hereunder, nor shall any Bank have any responsibility or liability in respect of a failure of any other Bank to lend in accordance with this Credit Agreement. Each request for a Loan and each borrowing hereunder shall constitute a representation and warranty by the Borrower requesting such Loan that all of the conditions set forth in Section 10 ss.10 and ss.11, in the case of the initial Loan, and ss.11, in the case of all other Loans, have been satisfied on the date of such request.

Commitment to Lend. Subject to the terms and conditions set forth in Section 10 hereofthis Agreement, each of the Banks Lenders severally shall agrees to lend to the BorrowersBorrower, and each Borrower may borrow, repay, borrow (and reborrow repay and reborrow) from time to time between the Closing Date and the Maturity Date upon notice by the applicable Borrower to the Administrative Agent given in accordance with Section 2.8§2.5, such sums as are requested by Borrower for the Borrowers purposes set forth in §2.7 up to a maximum aggregate principal amount Outstanding outstanding (after giving effect to all amounts requested) at any one time equal to such Bank’s Commitment, provided that the lesser of (a) the Outstanding amount of the Loans (after giving effect to all amounts requested) shall not at any time exceed the Total Commitment such Lender's Commitment, and (b) the Outstanding amount such Lender's Commitment Percentage of the Federal Funds Rate Loans (after giving effect to Borrowing Base; provided, that, in all amounts requested) events no Default or Event of Default shall not at any time exceed $500,000,000have occurred and be continuing, or shall result therefrom. The Revolving Loans shall be made pro rata in accordance with each Bank’s Lender's Commitment Percentage; provided that the failure of any Bank to lend in accordance with this Credit Agreement shall not release any other Bank or the Administrative Agent from their obligations hereunder, nor shall any Bank have any responsibility or liability in respect of a failure of any other Bank to lend in accordance with this Credit Agreement. Each request for a Revolving Loan and each borrowing hereunder shall constitute a representation and warranty by the Borrower requesting such Loan that all of the conditions set forth in Section §10 and §11, as applicable, have been satisfied on the date of such request. No Lender shall have any obligation to make Revolving Loans to Borrower in an aggregate principal amount outstanding which exceeds such Lender's Commitment.