Common use of Commitment to Make RC Loans Clause in Contracts

Commitment to Make RC Loans. (a) Subject to and upon the terms and conditions set forth in this Agreement, the Lenders shall make advances to the Borrower until the Maturity Date in an aggregate principal amount outstanding at any one time not to exceed $75,000,000 (as the same may be reduced or increased pursuant to the terms of this Agreement, the “RC Commitment”); provided, however, that (a) the aggregate amount of the RC Commitment available for borrowing at any time shall not exceed the Available RC Commitment at such time; and (b) the amount and percentage of the RC Commitment and the Available RC Commitment which each Lender is obligated to lend shall not exceed at any time the amount or percentage set forth on Schedule 1.1 hereto (as supplemented and amended by giving effect to the assignments contemplated in this Agreement). The RC Commitment of any Lender is sometimes referred to herein as such Lender’s RC Commitment. Within the limits set forth above, the Borrower may borrow under this Section 2.1, repay or prepay such advances, and reborrow under this Section 2. 1. The amounts loaned to the Borrower pursuant to the revolving credit facility described in this Section 2.1 are referred to as the “RC Loans,” which may be LIBOR Loans, CDOR Rate Loans or Base Rate Loans. (b) Except as set forth below in this paragraph (b), all RC Loans shall be advanced in Dollars. By written request which request shall be delivered to the Agent in accordance with Section 2.2 (Borrowing Notice) below, the Borrower may request that any RC Loan be made in Euros, Canadian Dollars, Sterling, Japanese Yen or such other freely convertible foreign currency as the Borrower may request and subject to availability of each of the Lenders and so long as such RC Loan in such currency would not result in additional unreimbursed Liabilities of any such Lender or be contrary to Law applicable to any such Lender, the applicable RC Loan shall be made in the requested currency. Any RC Loan so made in a currency other than Dollars (a “Foreign Currency Loan”) shall be repaid in the currency in which the RC Loan was made; interest payments thereon shall be made in the currency in which the RC Loan was made. The amount of any Foreign Currency Loan shall at all times be deemed to equal the Dollar equivalent thereof determined using the Spot Exchange Rate. All RC Loans advanced in any LIBOR Quoted Currency shall be LIBOR Loans or Base Rate Loans and all RC Loans advanced in Canadian Dollars shall be CDOR Rate Loans or Base Rate Loans.

Commitment to Make RC Loans. (a) Subject to and upon the terms and conditions set forth in this Agreement, the Lenders shall make advances to the U.S. Borrower until the Maturity Date in an aggregate principal amount outstanding at any one time not to exceed $75,000,000 30,000,000 (as the same may be reduced or increased pursuant to the terms of this Agreement, the “RC Commitment”); provided, however, that (a) the aggregate amount of the RC Commitment available for borrowing at any time shall not exceed the Available RC Commitment at such time; and (b) the amount and percentage of the RC Commitment and the Available RC Commitment which each Lender is obligated to lend shall not exceed at any time the amount or percentage set forth on Schedule 1.1 hereto (as supplemented and amended by giving effect to the assignments contemplated in this Agreement). The RC Commitment of any Lender is sometimes referred to herein as such Lender’s RC Commitment. Within the limits set forth above, the U.S. Borrower may borrow under this Section 2.1, repay or prepay such advances, and reborrow under this Section 2. 12.1. The amounts loaned to the U.S. Borrower pursuant to the revolving credit facility described in this Section 2.1 are referred to as the “RC Loans,” which may be LIBOR Loans, CDOR Rate Loans or Base Rate Loans.” (b) Except as set forth below in this paragraph (b), all RC Loans shall be advanced in Dollars. By written request which request shall be delivered to the Agent in accordance with Section 2.2 (Borrowing Notice) belowat least three Business Days prior to the date of any advance, the U.S. Borrower may request that any RC Loan be made in Euros, Canadian Dollars, British Pounds Sterling, Japanese Yen or such other freely convertible foreign currency as the U.S. Borrower may request and subject to availability of each of the Lenders and so long as such RC Loan in such currency would not result in additional unreimbursed Liabilities of any such Lender or be contrary to Law applicable to any such Lender, the applicable RC Loan shall be made in the requested currency. Any RC Loan so made in a currency other than Dollars (a “Foreign Currency Loan”) shall be repaid in the currency in which the RC Loan was made; interest payments thereon shall be made in the currency in which the RC Loan was made. The amount of any Foreign Currency Loan shall at all times be deemed to equal the Dollar equivalent thereof determined using the Spot Exchange Rate. All RC Loans advanced in any LIBOR Quoted Currency shall be LIBOR Loans or Base Rate Loans and all RC Loans advanced in Canadian Dollars shall be CDOR Rate Loans or Base Rate Loans.

Commitment to Make RC Loans. (a) Subject to and upon the terms and conditions set forth in this Agreement, the Lenders shall make advances to the U.S. Borrower until the Maturity Date in an aggregate principal amount outstanding at any one time not to exceed $75,000,000 15,000,000 (as the same may be reduced or increased pursuant to the terms of this Agreement, the “RC Commitment”); provided, however, that (a) the aggregate amount of the RC Commitment available for borrowing at any time shall not exceed the Available RC Commitment at such time; and (b) the amount and percentage of the RC Commitment and the Available RC Commitment which each Lender is obligated to lend shall not exceed at any time the amount or percentage set forth on Schedule 1.1 hereto (as supplemented and amended by giving effect to the assignments contemplated in this Agreement). The RC Commitment of any Lender is sometimes referred to herein as such Lender’s RC Commitment. Within the limits set forth above, the U.S. Borrower may borrow under this Section 2.1, repay or prepay such advances, and reborrow under this Section 2. 12.1. The amounts loaned to the U.S. Borrower pursuant to the revolving credit facility described in this Section 2.1 are referred to as the “RC Loans,” which may be LIBOR Loans, CDOR Rate Loans or Base Rate Loans.” (b) Except as set forth below in this paragraph (b), all RC Loans shall be advanced in U.S. Dollars. By written request which request shall be delivered to the Agent in accordance with Section 2.2 (Borrowing Notice) belowat least three Business Days prior to the date of any advance, the U.S. Borrower may request that any RC Loan be made in Euros, Canadian Dollars, British Pounds Sterling, Japanese Yen or such other freely convertible foreign currency as the U.S. Borrower may request and subject to availability of each of the Lenders and so long as such RC Loan in such currency would not result in additional unreimbursed Liabilities of any such Lender or be contrary to Law applicable to any such Lender, the applicable RC Loan shall be made in the requested currency. Any RC Loan so made in a currency other than Dollars U.S. dollars (a “Foreign Currency Loan”) shall be repaid in the currency in which the RC Loan was made; interest payments thereon shall be made in the currency in which the RC Loan was made. The amount of any Foreign Currency Loan shall at all times be deemed to equal the U.S. Dollar equivalent thereof determined using the Spot Exchange Rate. All RC Loans advanced in any LIBOR Quoted Currency shall be LIBOR Loans or Base Rate Loans and all RC Loans advanced in Canadian Dollars shall be CDOR Rate Loans or Base Rate Loans.

Commitment to Make RC Loans. (a) Subject to and upon the terms and conditions set forth in this Agreement, the RC Lenders shall make advances to the Borrower until the Maturity Date in an aggregate principal amount outstanding at any one time not to exceed $75,000,000 25,000,000 (as the same may be reduced or increased pursuant to the terms of this Agreement, the “RC Commitment”); provided, however, that (a) the aggregate amount of the RC Commitment available for borrowing at any time shall not exceed the Available RC Commitment at such time; and (b) the amount and percentage of the RC Commitment and the Available RC Commitment which each RC Lender is obligated to lend shall not exceed at any time the amount or percentage set forth on Schedule 1.1 hereto (as supplemented and amended by giving effect to the assignments contemplated in this Agreement). The RC Commitment of any RC Lender is sometimes referred to herein as such Lender’s RC Commitment. Within the limits set forth above, the Borrower may borrow under this this Section 2.1, 2.1 repay or prepay such advances, and reborrow under this Section 2. 1. The amounts loaned to the Borrower pursuant to the revolving credit facility described in this Section 2.1 are referred to as the “RC Loans,” which may be LIBOR Loans, CDOR Rate Loans or Base Rate Loans.” (b) Except as set forth below in this paragraph (b), all RC Loans shall be advanced in U.S. Dollars. By written request which request shall be delivered to the Agent in accordance with Section 2.2 (Borrowing Notice) belowat least three Business Days prior to the date of any advance, the Borrower may request that any RC Loan be made in Euros, Canadian Dollars, British Pounds Sterling, Japanese Yen or such other freely convertible foreign currency as the Borrower may request and subject to availability of each of the Lenders and so long as such RC Loan in such currency would not result in additional unreimbursed Liabilities of any such Lender or be contrary to Law applicable to any such Lender, the applicable RC Loan shall be made in the requested currency. Any RC Loan so made in a currency other than Dollars U.S. dollars (a “Foreign Currency Loan”) shall be repaid in the currency in which the RC Loan was made; interest payments thereon shall be made in the currency in which the RC Loan was made. The amount of any Foreign Currency Loan shall at all times be deemed to equal the U.S. Dollar equivalent thereof determined using the Spot Exchange Rate. All RC Loans advanced in any LIBOR Quoted Currency shall be LIBOR Loans or Base Rate Loans and all RC Loans advanced in Canadian Dollars shall be CDOR Rate Loans or Base Rate Loans.