Common use of Conditions of Revolving Loans and Letter of Credit Clause in Contracts

Conditions of Revolving Loans and Letter of Credit. The obligations -------------------------------------------------- of the Lenders to make any Revolving Loans, and the Issuing Bank to issue (or renew) Letters of Credit, hereunder on or subsequent to the Closing Date are subject to the satisfaction of the following conditions: (a) the Agent shall have received a Borrowing Notice if required by Article II; ---------- (b) the representations and warranties of the Credit Parties set forth in Article VIII and in each of the other Loan Documents shall be ------------ true and correct in all material respects on and as of the date of such Advance or Letter of Credit issuance or renewal, with the same effect as though such representations and warranties had been made on and as of such date, except to the extent that such representations and warranties expressly relate to an earlier date and except that the financial statements referred to in Section 8.6(a) shall be deemed (solely for the -------------- purpose of the representation and warranty contained in such Section ------- 8.6 (a) but not for the purpose of any cross reference to such Section ------ ------- 8.6 (a) or to the financial statements described therein contained in any ------ other provision of Section 8.6 or elsewhere in Article 8) to be those ----------- --------- financial statements most recently delivered to the Agent and the Lenders pursuant to Section 9.1 from the date financial statements are delivered ----------- to the Agent and the Lenders in accordance with such Section; (c) in the case of the issuance of a Letter of Credit, the Borrower shall have executed and delivered to the Issuing Bank an Application and Agreement for Letter of Credit in form and content acceptable to the Issuing Bank together with such other instruments and documents as it shall request; (d) at the time of (and after giving effect to) each Advance or the issuance of a Letter of Credit, no Default or Event of Default specified in Article XI shall have occurred and be continuing; and ---------- (e) immediately after giving effect to: (i) a Revolving Loan, the aggregate principal balance of all outstanding Revolving Loans for each Lender shall not exceed such Lender's Revolving Credit Commitment; (ii) a Letter of Credit or renewal thereof, the aggregate principal balance of all outstanding Participations in Letters of Credit and Reimbursement Obligations (or in the case of the Issuing Bank, its remaining interest after deduction of all Participations in Letters of Credit and Reimbursement Obligations of other Lenders) for each Lender and in the aggregate shall not exceed, respectively, (X) such Lender's Letter of Credit Commitment or (Y) the Total Letter of Credit Commitment; (iii) a Revolving Loan or a Letter of Credit or renewal thereof, (A) the sum of Revolving Credit Outstandings plus Letter of Credit Outstandings shall not exceed the Total Revolving Credit Commitment and (B) Senior Debt Outstandings shall not exceed the Borrowing Base.

Conditions of Revolving Loans and Letter of Credit. The obligations -------------------------------------------------- of the Lenders to make any Revolving Loans, Advances and the Issuing Bank L/C Issuer to issue (or renew) Letters of CreditCredit and the Swing Line Lender to make Swing Line Loans, hereunder on or subsequent to the Closing Date are subject to the satisfaction of the following conditions: (a) the Administrative Agent or, in the case of Swing Line Loans, the Swing Line Lender shall have received a Borrowing Notice if as required by Article II; ----------II and the Lenders have received notice of receipt of such notice of borrowing or request pursuant to Section 2.1(c)(i) hereof; (b) the representations and warranties of the Credit Parties set forth in Article VIII VII and in each of the other Loan Documents shall be ------------ true and correct in all material respects on and as of the date of such Advance Advance, Swing Line Loan or Letter of Credit issuance or renewal, with the same effect as though such representations and warranties had been made on and as of such date, except (i) to the extent that such representations and warranties expressly relate to an earlier date date, (ii) that the representations and except warranties set forth in Sections 7.4 and 7.6 hereof shall be deemed to include and take into account any merger or consolidation permitted under Section 9.6 hereof, and (iii) that the financial statements referred to in Section 8.6(a7.6(a) shall be deemed (solely for the -------------- purpose of the representation and warranty contained in such Section ------- 8.6 (a) but not for the purpose of any cross reference to such Section ------ ------- 8.6 (a) or to the financial statements described therein contained in any ------ other provision of Section 8.6 or elsewhere in Article 8) to be those ----------- --------- financial statements most recently delivered to the Administrative Agent and the Lenders pursuant to Section 9.1 from the date financial statements are delivered ----------- to the Agent and the Lenders in accordance with such Section8.1; (c) in the case of the issuance of a Letter of Credit, the Borrower shall have executed and delivered to the Issuing Bank an Application and Agreement for L/C Issuer a Letter of Credit Application in form and content reasonably acceptable to the Issuing Bank L/C Issuer together with such other instruments and documents as it shall reasonably request; (d) at the time of (and after giving effect to) each Advance Advance, Swing Line Loan or the issuance or renewal of a Letter of Credit, no Default or Event of Default specified in Article XI X shall have occurred and be continuing; and ----------and (e) immediately after giving effect to: (i) a Revolving Loan, a Swing Line Loan or a Letter of Credit or renewal thereof, (1) the aggregate principal balance sum of all outstanding Revolving Loans for each Lender the Outstandings shall not exceed such the Total Revolving Credit Commitment and (2) each Lender's Applicable Commitment Percentage of Revolving Loans and Lender Participations shall not exceed its Revolving Credit Commitment;; and (ii) a Letter of Credit or renewal thereof, the aggregate principal balance of all outstanding Lender Participations in Letters of Credit and Reimbursement Obligations Unreimbursed Amounts (or in the case of the Issuing BankL/C Issuer, its remaining interest after deduction of all Lender Participations of the Lenders in Letters of Credit and Reimbursement Obligations of other LendersUnreimbursed Amounts) for each Lender and in the aggregate shall not exceed, respectively, (X) such Lender's Letter of Credit Commitment or (Y) the Total Letter of Credit Commitment;Sublimit; and (iii) a Revolving Loan or a Letter of Credit or renewal thereofSwing Line Loan, (A) the sum of Revolving Credit Outstandings plus Letter of Credit Swing Line Outstandings shall not exceed the Total Revolving Credit Commitment and (B) Senior Debt Outstandings shall not exceed the Borrowing BaseSwing Line Sublimit.

Conditions of Revolving Loans and Letter of Credit. The obligations -------------------------------------------------- of the Lenders to make any Revolving Loans, and the Issuing Bank to issue (or renew) Letters of CreditCredit and Bank of America to make Swing Line Loans, hereunder on or subsequent to the Closing Date are subject to the satisfaction of the following conditions: (a) the Agent or, in the case of Swing Line Loans, Bank of America shall have received a Borrowing Notice if required by Article II; ----------; (b) the representations and warranties of the Credit Parties set forth in Article VIII and in each of the other Loan Documents shall be ------------ true and correct in all material respects on and as of the date of such Advance Advance, Swing Line Loan or Letter of Credit issuance or renewal, with the same effect as though such representations and warranties had been made on and as of such date, except to the extent that such representations and warranties expressly relate to an earlier date and except that the financial statements referred to in Section 8.6(a) shall be deemed (solely for the -------------- purpose of the representation and warranty contained in such Section ------- 8.6 (a8.6(a) but not for the purpose of any cross reference to such Section ------ ------- 8.6 (a8.6(a) or to the financial statements described therein contained in any ------ other provision of Section 8.6 or elsewhere in Article 8) to be those ----------- --------- financial statements most recently delivered to the Agent and the Lenders pursuant to Section 9.1 from the date financial statements are delivered ----------- to the Agent agent and the Lenders in accordance with such Section; (c) in the case of the issuance of a Letter of Credit, the Borrower borrower shall have executed and delivered to the Issuing Bank an Application and Agreement for Letter of Credit in form and content acceptable to the Issuing Bank together with such other instruments and documents as it shall request; (d) at the time of (and after giving effect to) each Advance Advance, Swing Line Loan or the issuance of a Letter of Credit, no Default or Event of Default specified in Article XI shall have occurred and be continuing; and ----------and (e) immediately after giving effect to: (i) a Revolving Loan, the aggregate principal balance of all outstanding Revolving Loans for each Lender shall not exceed such Lender's Revolving Credit Commitment; (ii) a Letter of Credit or renewal thereof, the aggregate principal balance of all outstanding Participations in Letters of Credit and Reimbursement Obligations (or in the case of the Issuing Bank, its remaining interest after deduction of all Participations in Letters of Credit and Reimbursement Obligations of other Lenders) for each Lender and in the aggregate shall not exceed, respectively, (X) such Lender's Letter of Credit Commitment or (Y) the Total Letter of Credit Commitment; (iii) a Swing Line Loan, the Swing Line Outstandings shall not exceed $5,000,000; and (iv) a Revolving Loan, Swing Line Loan or a Letter of Credit or renewal thereof, (A) the sum of Letter of Credit Outstandings plus Revolving Credit Outstandings plus Letter of Credit Swing Line Outstandings shall not exceed the lesser of the Borrowing Base and the Total Revolving Credit Commitment and (B) Senior Debt Outstandings shall not exceed the Borrowing BaseCommitment.

Conditions of Revolving Loans and Letter of Credit. The obligations -------------------------------------------------- of the Lenders to make any Revolving Loans, and the Issuing Bank to issue (or renew) Letters of Credit, hereunder on or subsequent to the Closing Date are subject to the satisfaction of the following conditions: (a) the Agent shall have received a Borrowing Notice if required by Article II; ----------and (b) the representations and warranties of the Credit Parties Borrower and the Guarantors set forth in Article VIII VII and in each of the other Loan Documents shall be ------------ true and correct in all material respects on and as of the date of such Advance or Letter of Credit issuance or renewal, with the same effect as though such representations and warranties had been made on and as of such date, except except: (i) to the extent that such representations and warranties expressly relate to an earlier date date, and except (ii) that the financial statements referred to in Section 8.6(a7.6(a) shall be deemed (solely for the -------------- purpose of the representation and warranty contained in such Section ------- 8.6 (a) but not for the purpose of any cross reference to such Section ------ ------- 8.6 (a) or to the financial statements described therein contained in any ------ other provision of Section 8.6 or elsewhere in Article 8) to be those ----------- --------- financial statements most recently delivered to the Agent and the Lenders pursuant to Section 9.1 8.1 from the date financial statements are delivered ----------- to the Agent and the Lenders in accordance with such Section;, and (iii) with respect to transactions permitted hereunder; and (c) in the case of the issuance of a Letter of Credit, the Borrower shall have executed and delivered to the Issuing Bank an Application and Agreement for Letter of Credit in form and content acceptable to the Issuing Bank together with such other instruments and documents as it shall request;; and (d) at the time of (and after giving effect to) each Advance or the issuance of a Letter of Credit, no Default or Event of Default specified in Article XI X shall have occurred and be continuing; and ----------and (e) immediately after giving effect to: (i) a Revolving Loan, the aggregate principal balance of all outstanding Revolving Loans for each Lender shall not exceed such Lender's Revolving Credit Commitment; (ii) a Letter of Credit or renewal thereof, the aggregate principal balance of all outstanding Participations in Letters of Credit and Reimbursement Obligations (or in the case of the Issuing Bank, its remaining interest after deduction of all Participations in Letters of Credit and Reimbursement Obligations of other Lenders) for each Lender and in the aggregate shall not exceed, respectively, (X) such Lender's Letter of Credit Commitment or (Y) the Total Letter of Credit Commitment; (iii) a Revolving Loan or a Letter of Credit or renewal thereof, (A) the sum of Revolving Credit Outstandings plus Letter of Credit Outstandings shall not exceed the Total Revolving Credit Commitment and (B) Senior Debt Outstandings shall not exceed the Borrowing Base.

Conditions of Revolving Loans and Letter of Credit. The obligations -------------------------------------------------- of the Lenders to make any Revolving Loans, and the Issuing Bank to issue (or renew) Letters of CreditCredit and NationsBank to make Swing Line Loans, hereunder on or subsequent to the Closing Date are subject to the satisfaction of the following conditions: (a) the Administrative Agent or, in the case of Swing Line Loans, NationsBank shall have received a Borrowing Notice if required by Article II; ----------; (b) the representations and warranties of the Credit Loan Parties set forth in Article VIII VII and in each of the other Loan Documents shall be ------------ true and correct in all material respects on and as of the date of such Advance Advance, Swing Line Loan or Letter of Credit issuance or renewal, with the same effect as though such representations and warranties had been made on and as of such date, except to the extent that such representations and warranties expressly relate to an earlier date and except that the financial statements referred to in Section 8.6(a7.6(a)(i) shall be deemed (solely for the -------------- purpose of the representation and warranty contained in such Section ------- 8.6 (a) but not for the purpose of any cross reference to such Section ------ ------- 8.6 (a) or to the financial statements described therein contained in any ------ other provision of Section 8.6 or elsewhere in Article 8) to be those ----------- --------- financial statements most recently delivered to the Administrative Agent and the Lenders pursuant to Section 9.1 8.1 from the date financial statements are delivered ----------- to the Administrative Agent and the Lenders in accordance with such Section; (c) in the case of the issuance of a Letter of Credit, the Borrower shall have executed and delivered to the Issuing Bank an Application and Agreement for Letter of Credit in form and content acceptable to the Issuing Bank together with such other instruments and documents as it shall request; (d) at the time of (and after giving effect to) each Advance Advance, Swing Line Loan or the issuance of a Letter of Credit, no Default or Event of Default specified in Article XI X shall have occurred and be continuing; and ----------and (e) immediately after giving effect to: (i) a Revolving Loan, the aggregate principal balance of all outstanding Revolving Loans for each Lender shall not exceed such Lender's Revolving Credit Commitment; (ii) a Letter of Credit or renewal thereof, the aggregate principal balance of all outstanding Participations in Letters of Credit and Reimbursement Obligations (or in the case of the Issuing Bank, its remaining interest after deduction of all Participations in Letters of Credit and Reimbursement Obligations of other Lenders) for each Lender and in the aggregate shall not exceed, respectively, (X) such Lender's Letter of Credit Commitment or (Y) the Total Letter of Credit Commitment; (iii) a Swing Line Loan, the Swing Line Outstandings shall not exceed $15,000,000; and (iv) a Revolving Loan, Swing Line Loan or a Letter of Credit or renewal thereof, (A) the sum of Letter of Credit Outstandings plus Revolving Credit Outstandings plus Letter of Credit Swing Line Outstandings shall not exceed the Total Revolving Credit Commitment and (B) Senior Debt Outstandings shall not exceed the Borrowing BaseCommitment.

Conditions of Revolving Loans and Letter of Credit. The obligations -------------------------------------------------- of the Lenders to make any Revolving Loans, and the Issuing Bank to issue (or renew) any Letters of CreditCredit and Bank of America to make Swing Line Loans, hereunder on or subsequent to the Closing Date are subject to the satisfaction of the following conditions: : (a) the satisfaction of all conditions set forth in SECTION 7.1 hereof; (b) the Agent or, in the case of Swing Line Loans, Bank of America shall have received a Borrowing Notice if required by Article ARTICLE II; ---------- (bc) the representations and warranties of the Credit Parties set forth in Article ARTICLE VIII and in each of the other Loan Documents shall be ------------ true and correct in all material respects on and as of the date of such Advance Advance, Swing Line Loan or Letter of Credit issuance or renewal, with the same effect as though such representations and warranties had been made on and as of such date, except to the extent that such representations and warranties expressly relate to an earlier date (specifically, as to SECTION 8.4, Borrower agrees to provide an updated SCHEDULE 8.4 annually, and further specifically excepting the last sentence of SECTION 8.6, all of SECTIONS 8.7(b), 8.10, 8.11 AND 8.14(a), and the last sentence of SECTION 8.17) and except that the financial statements referred to in Section 8.6(aSECTION 8.5(a) shall be deemed (solely for the -------------- purpose of the representation and warranty contained in such Section ------- 8.6 (aSECTION 8.5(a) but not for the purpose of any cross reference to such Section ------ ------- 8.6 (aSECTION 8.5(a) or to the financial statements described therein contained in any ------ other provision of Section 8.6 SECTION 8.5 or elsewhere in Article 8) ARTICLE VIII) to be those ----------- --------- financial statements most recently delivered to the Agent and the Lenders pursuant to Section SECTION 9.1 from the date financial statements are delivered ----------- to the Agent and the Lenders in accordance with such Section; ; (cd) in the case of the issuance of a Letter of Credit, the Borrower shall have executed and delivered to the Issuing Bank an Application and Agreement for Letter of Credit in form and content acceptable to the Issuing Bank together with such other instruments and documents as it shall request; (d) at the time of (and after giving effect to) each Advance or the issuance of a Letter of Credit, no Default or Event of Default specified in Article XI shall have occurred and be continuing; and ---------- (e) immediately after giving effect to: (i) a Revolving Loan, the aggregate principal balance of all outstanding Revolving Loans for each Lender shall not exceed such Lender's Revolving Credit Commitment; (ii) a Letter of Credit or renewal thereof, the aggregate principal balance of all outstanding Participations in Letters of Credit and Reimbursement Obligations (or in the case of the Issuing Bank, its remaining interest after deduction of all Participations in Letters of Credit and Reimbursement Obligations of other Lenders) for each Lender and in the aggregate shall not exceed, respectively, (X) such Lender's Letter of Credit Commitment or (Y) the Total Letter of Credit Commitment; (iii) a Revolving Loan or a Letter of Credit or renewal thereof, (A) the sum of Revolving Credit Outstandings plus Letter of Credit Outstandings shall not exceed the Total Revolving Credit Commitment and (B) Senior Debt Outstandings shall not exceed the Borrowing Base.S-61 <PAGE> 69

Conditions of Revolving Loans and Letter of Credit. The obligations -------------------------------------------------- of the Lenders to make any Revolving Loans, and the Issuing Bank to issue (or renew) Letters of CreditCredit and Bank of America to make Swing Line Loans, hereunder on or subsequent to the Closing Date are subject to the satisfaction of the following conditions: (a) the Agent or, in the case of Swing Line Loans, Bank of America shall have received a Borrowing Notice if required by Article ARTICLE II; ----------; (b) the representations and warranties of the Credit Parties set forth in Article VIII ARTICLE VII and in each of the other Loan Documents shall be ------------ true and correct in all material respects on and as of the date of such Advance Advance, Swing Line Loan or Letter of Credit issuance or renewal, with the same effect as though such representations and warranties had been made on and as of such date, except to the extent that such representations and warranties expressly relate to an earlier date and except that the financial statements referred to in Section 8.6(aSECTION 7.6(A) shall be deemed (solely for the -------------- purpose of the representation and warranty contained in such Section ------- 8.6 (aSECTION 7.6(A) but not for the purpose of any cross reference to such Section ------ ------- 8.6 (aSECTION 7.6(A) or to the financial statements described therein contained in any ------ other provision of Section 8.6 SECTION 7.6 or elsewhere in Article 8) ARTICLE VII) to be those ----------- --------- financial statements most recently delivered to the Agent and the Lenders pursuant to Section 9.1 SECTION 8.1 from the date financial statements are delivered ----------- to the Agent and the Lenders in accordance with such Section; (c) in the case of the issuance of a Letter of Credit, the Borrower shall have executed and delivered to the Issuing Bank an Application and Agreement for Letter of Credit in form and content acceptable to the Issuing Bank together with such other instruments and documents as it shall request; (d) at the time of (and after giving effect to) each Advance Advance, Swing Line Loan or the issuance of a Letter of Credit, no Default or Event of Default specified in Article XI ARTICLE X shall have occurred and be continuing; and ----------and (e) immediately after giving effect to: (i) a Revolving Loan, the aggregate principal balance of all outstanding Revolving Loans for each Lender shall not exceed such Lender's Revolving Credit Commitment; (ii) a Letter of Credit or renewal thereof, the aggregate principal balance of all outstanding Participations in Letters of Credit and Reimbursement Obligations (or in the case of the Issuing Bank, its remaining interest after deduction of all Participations in Letters of Credit and Reimbursement Obligations of other Lenders) for each Lender and in the aggregate shall not exceed, respectively, (X) such Lender's Letter of Credit Commitment or (Y) the Total Letter of Credit Commitment; (iii) a Swing Line Loan, the Swing Line Outstandings shall not exceed $20,000,000; and (iv) a Revolving Loan, Swing Line Loan or a Letter of Credit or renewal thereof, (A) the sum of Letter of Credit Outstandings plus Revolving Credit Outstandings plus Letter of Credit Swing Line Outstandings shall not exceed the Total Revolving Credit Commitment and (B) Senior Debt Outstandings shall not exceed the Borrowing BaseCommitment.

Conditions of Revolving Loans and Letter of Credit. The -------------------------------------------------- obligations -------------------------------------------------- of the Lenders to make any Revolving Loans, and the Issuing Bank to issue (or renew) Letters of Credit, hereunder on or subsequent to the Closing Date are subject to the satisfaction of the following conditions: (a) the Agent shall have received a Borrowing Notice if required by Article II; ----------; (b) the representations and warranties of the Credit Parties set forth in Article VIII VII and in each of the other Loan Documents shall be ------------ true and correct in all material respects on and as of the date of such Advance or Letter of Credit issuance or renewal, with the same effect as though such representations and warranties had been made on and as of such date, except to the extent that such representations and warranties expressly relate to an earlier date and except that the financial statements referred to in Section 8.6(a7.6(a) shall be deemed (solely for the -------------- purpose of the representation and warranty contained in such Section ------- 8.6 (a7.6(a) but not for the purpose of any cross reference to such Section ------ ------- 8.6 (a7.6(a) or to the financial statements described therein contained in any ------ other provision of Section 8.6 7.6 or elsewhere in Article 8) VII) to be those ----------- --------- financial statements most recently delivered to the Agent and the Lenders pursuant to Section 9.1 8.1 from the date financial statements are delivered ----------- to the Agent and the Lenders in accordance with such Section; (c) in the case of the issuance of a Letter of Credit, the Borrower shall have executed and delivered to the Issuing Bank an Application and Agreement for Letter of Credit in form and content reasonably acceptable to the Issuing Bank together with such other instruments and documents as it shall request; (d) at the time of (and after giving effect to) each Advance or the issuance of a Letter of Credit, no Default or Event of Default specified in Article XI X shall have occurred and be continuing; and ----------and (e) immediately after giving effect to: (i) a Revolving Five Year Loan, the aggregate principal balance of all outstanding Revolving Five Year Loans for each Lender shall not exceed such Lender's Revolving Credit Five Year Commitment; (ii) a 364 Day Loan, the aggregate principal balance of all outstanding 364 Day Loans for each Lender shall not exceed such Lender's 364 Day Commitment; (iii) a Letter of Credit or renewal thereof, the aggregate principal balance of all outstanding Participations in Letters of Credit and Reimbursement Obligations (or in the case of the Issuing Bank, its remaining interest after deduction of all Participations in Letters of Credit and Reimbursement Obligations of other Lenders) for each Lender and in the aggregate shall not exceed, respectively, (X) such Lender's Letter of Credit Commitment or (Y) the Total Letter of Credit Commitment; (iiiiv) a Revolving 364 Day Loan, the sum of 364 Day Outstandings shall not exceed the Total 364 Day Commitment; and (v) a Five Year Loan or a Letter of Credit or renewal thereof, (A) the sum of Revolving Letter of Credit Outstandings plus Letter of Credit Five Year Outstandings shall not exceed the Total Revolving Credit Commitment and (B) Senior Debt Outstandings shall not exceed the Borrowing BaseFive Year Commitment.

Conditions of Revolving Loans and Letter of Credit. The obligations -------------------------------------------------- of the Lenders to make any Revolving Loans, and the Issuing Bank to issue (or renew) Letters of CreditCredit and Bank of America to make Swing Line Loans, hereunder on or subsequent to the Closing Date are subject to the satisfaction of the following conditions: (a) the Administrative Agent or, in the case of Swing Line Loans, Bank of America shall have received a Borrowing Notice if required by Article ARTICLE II; ----------; (b) the representations and warranties of the Credit Parties Borrowers set forth in Article VIII ARTICLE VII and in each of the other Loan Documents shall be ------------ true and correct in all material respects on and as of the date of such Advance Advance, Swing Line Loan or Letter of Credit issuance or renewal, with the same effect as though such representations and warranties had been made on and as of such date, except to the extent that such representations and warranties expressly relate to an earlier date and except that the financial statements referred to in Section 8.6(aSECTION 7.6(a) shall be deemed (solely for the -------------- purpose of the representation and warranty contained in such Section ------- 8.6 (aSECTION 7.6(a) but not for the purpose of any cross reference to such Section ------ ------- 8.6 (aSECTION 7.6(a) or to the financial statements described therein contained in any ------ other provision of Section 8.6 SECTION 7.6 or elsewhere in Article 8) ARTICLE VII) to be those ----------- --------- financial statements most recently delivered to the Administrative Agent and the Lenders pursuant to Section 9.1 SECTION 8.1 from the date financial statements are delivered ----------- to the Administrative Agent and the Lenders in accordance with such Section; (c) in the case of the issuance of a Letter of Credit, the a Borrower shall have executed and delivered to the Issuing Bank an Application and Agreement for Letter of Credit in form and content acceptable to the Issuing Bank together with such other instruments and documents as it shall request; (d) at the time of (and after giving effect to) each Advance Advance, Swing Line Loan or the issuance of a Letter of Credit, no Default or Event of Default specified in Article XI ARTICLE X shall have occurred and be continuing; and ----------and (e) immediately after giving effect to: (i) a Revolving Loan, the aggregate principal balance of all outstanding Revolving Loans for each Lender shall not exceed such Lender's Revolving Credit Commitment; (ii) a Letter of Credit or renewal thereof, the aggregate principal balance of all outstanding Participations in Letters of Credit and Reimbursement Obligations (or in the case of the Issuing Bank, its remaining interest after deduction of all Participations in Letters of Credit and Reimbursement Obligations of other Lenders) for each Lender and in the aggregate shall not exceed, respectively, (X) such Lender's Letter of Credit Commitment or (Y) the Total Letter of Credit Commitment; (iii) a Swing Line Loan, the Swing Line Outstandings shall not exceed $10,000,000; and (iv) a Revolving Loan, Competitive Bid Loan, Swing Line Loan or a Letter of Credit or renewal thereof, (A) the sum of Revolving Credit Outstandings plus Letter of Credit Outstandings shall not exceed the Total Revolving Credit Commitment and (B) Senior Debt Outstandings shall not exceed the Borrowing BaseCommitment.

Conditions of Revolving Loans and Letter of Credit. The obligations -------------------------------------------------- of the Lenders to make any Revolving Loans, Loans and of NationsBank to make any Swing Line Loan and the Issuing Bank to issue (or renew) Letters of Credit, hereunder on or subsequent to the Closing Date are subject to the satisfaction of the following conditions: (a) the Agent (or, in the case of Swing Line Loans, NationsBank) shall have received a Borrowing Notice if required by Article II; ----------II hereof; (b) the representations and warranties of the Credit Parties set forth in Article VIII VI hereof and in each of the other Loan Documents shall be ------------ true and correct in all material respects on and as of the date of such Advance or Swing Line Loan or Letter of Credit issuance or renewal, with the same effect as though such representations and warranties had been made on and as of such date, except to the extent that such representations and warranties expressly relate to an earlier date and except that the financial statements referred to in Section 8.6(a6.6(a) hereof shall be deemed (solely for the -------------- purpose of the representation and warranty contained in such Section ------- 8.6 (a) but not for the purpose of any cross reference to such Section ------ ------- 8.6 (a) or to the financial statements described therein contained in any ------ other provision of Section 8.6 or elsewhere in Article 8) to be those ----------- --------- financial statements most recently delivered to the Agent and the Lenders pursuant to Section 9.1 7.1 hereof from the date financial statements are delivered ----------- to the Agent and the Lenders in accordance with such Section; (c) in the case of the issuance of a Letter of Credit, the Borrower shall have executed and delivered to the Issuing Bank an Application and Agreement for Letter of Credit in form and content acceptable to the Issuing Bank together with such other instruments and documents as it shall reasonably request; (d) at the time of (and after giving effect to) each Advance or Swing Line Loan or the issuance of a Letter of Credit, no Default or Event of Default specified in Article XI shall have occurred and be continuing; and ----------and (e) immediately after giving effect to: (i) a Revolving Loan, the aggregate principal balance of all outstanding Revolving Loans for each Lender shall not exceed such Lender's Revolving Credit Commitment; (ii) a Swing Line Loan, the aggregate principal balance of all Swing Line Outstandings shall not exceed $5,000,000; (iii) a Letter of Credit or renewal thereof, the aggregate principal balance of all outstanding Participations in Letters of Credit and Reimbursement Obligations (or in the case of the Issuing Bank, its remaining interest after deduction of all Participations in Letters of Credit and Reimbursement Obligations of other Lenders) for each Lender and in the aggregate shall not exceed, respectively, (XA) such Lender's Letter of Credit Commitment or (YB) the Total Letter of Credit Commitment; (iiiiv) a Revolving Loan, a Swing Line Loan or a Letter of Credit or renewal thereof, (A) the sum of Revolving Credit Outstandings plus Letter of Credit all Outstandings shall not exceed the Total Revolving Credit Commitment and (B) Senior Debt Outstandings shall not exceed the Borrowing BaseCommitment.

Conditions of Revolving Loans and Letter of Credit. The obligations -------------------------------------------------- of the Lenders to make any Revolving Loans, and the Issuing Bank to issue (or renew) Letters of Credit, hereunder on or subsequent to the Closing Date are subject to the satisfaction of the following conditions: (a) the Agent shall have received a Borrowing Notice if required by Article II; ----------ARTICLE III; (b) the representations and warranties of the Credit Parties set forth in Article ARTICLE VIII and in each of the other Loan Documents shall be ------------ true and correct in all material respects on and as of the date of such Advance or Letter of Credit issuance or renewalAdvance, with the same effect as though such representations and warranties had been made on and as of such date, except (i) to the extent that such representations and warranties expressly relate to an earlier date and except (ii) that the financial statements referred to in Section 8.6(aSECTION 8.6(A) shall be deemed (solely for the -------------- purpose of the representation and warranty contained in such Section ------- 8.6 (a) but not for the purpose of any cross reference to such Section ------ ------- 8.6 (a) or to the financial statements described therein contained in any ------ other provision of Section 8.6 or elsewhere in Article 8) to be those ----------- --------- financial statements most recently delivered to the Agent and the Lenders pursuant to Section SECTION 9.1 from the date financial statements are delivered ----------- to the Agent and the Lenders in accordance with such SectionSection and (iii) Section 8.6(c) shall be deemed to include all Indebtedness permitted to be incurred after the Closing Date pursuant to SECTION 10.4 hereof; (c) in the case of the issuance of a Letter of Credit, the Borrower shall have executed and delivered to the Issuing Bank an Application and Agreement for Letter of Credit in form and content reasonably acceptable to the Issuing Bank together with such other instruments and documents as it shall reasonably request; (d) at the time of (and after giving effect to) each Advance or the issuance of a Letter of Credit, no Default or Event of Default specified in Article ARTICLE XI shall have occurred and be continuing; and ----------and (e) immediately after giving effect to: (i) a Revolving Loan, the aggregate principal balance of all outstanding Revolving Loans for each Lender shall not exceed such Lender's Revolving Credit Commitment; (ii) a Letter of Credit or renewal thereof, the aggregate principal balance of all outstanding Participations in Letters of Credit and Reimbursement Obligations (or in the case of the Issuing Bank, its remaining interest after deduction of all Participations in Letters of Credit and Reimbursement Obligations of other Lenders) for each Lender and in the aggregate shall not exceed, respectively, (X) such Lender's Letter of Credit Commitment or (Y) the Total Letter of Credit Commitment; (iii) a Revolving Loan or a Letter of Credit or renewal thereof, (A) the sum of all Revolving Credit Outstandings plus Letter of Credit Outstandings shall not exceed the Total Revolving Credit Commitment and (B) Senior Debt Outstandings shall not exceed the Borrowing BaseCommitment.

Conditions of Revolving Loans and Letter of Credit. The obligations -------------------------------------------------- of the Lenders to make any Revolving Loans or Competitive Bid Loans, and the Issuing Bank to issue (or renew) Letters of Credit, and NationsBank to make Swing Line Loans, hereunder on or subsequent to the Closing Date are subject to the satisfaction of the following conditions: (a) the Administrative Agent or, in the case of Swing Line Loans, NationsBank shall have received a Borrowing Notice if required by Article II; ----------; (b) the representations and warranties of the Credit Parties Borrower and each Subsidiary set forth in Article VIII VI and in each of the other Loan Documents shall be ------------ true and correct in all material respects on and as of the date of such Advance Advance, Swing Line Loan, Competitive Bid Loan or Letter of Credit issuance or renewal, as the case may be, with the same effect as though such representations and warranties had been made on and as of such date, except to the extent that such representations and warranties expressly relate solely to an earlier date (in which case such representations and warranties shall be true and correct in all material respects on and as of such earlier date) and except that the financial statements referred to in Section 8.6(a6.6(a) shall be deemed (solely for the -------------- purpose of the representation and warranty contained in such Section ------- 8.6 (a) but not for the purpose of any cross reference to such Section ------ ------- 8.6 (a) or to the financial statements described therein contained in any ------ other provision of Section 8.6 or elsewhere in Article 8) to be those ----------- --------- financial statements most recently delivered to the Administrative Agent and the Lenders pursuant to Section 9.1 7.1 from the date financial statements are delivered ----------- to the Administrative Agent and the Lenders in accordance with such Section; (c) in the case of the issuance of a Letter of Credit, the Borrower shall have executed and delivered to the Issuing Bank an Application and Agreement for Letter of Credit in form and content acceptable to the Issuing Bank together with such other instruments and documents as it shall reasonably request; (d) at the time of (and after giving effect to) each Advance Advance, Swing Line Loan, Competitive Bid Loan or the issuance or renewal of a Letter of Credit, no Default or Event of Default specified in Article XI IX shall have occurred and be continuing; and ----------and (e) immediately after giving effect to: (i) a Revolving Loan, the aggregate principal balance of all outstanding Revolving Loans for each Lender Lender, together with all Participations of such Lender, shall not exceed such Lender's Revolving Credit Commitment; (ii) a Letter of Credit or renewal thereof, the aggregate principal balance of all outstanding Participations in Letters of Credit and Reimbursement Obligations (or in the case of the Issuing Bank, its remaining interest after deduction of all Participations in Letters of Credit and Reimbursement Obligations of other Lenders) for each Lender and in the aggregate shall not exceed, respectively, (X) such Lender's Letter of Credit Commitment or (Y) the Total Letter of Credit Commitment; (iii) a Swing Line Loan, the Swing Line Outstandings shall not exceed $25,000,000; and (iv) a Revolving Loan Loan, Swing Line Loan, Competitive Bid Loan, or a Letter of Credit or renewal thereof, (A) the sum of Letter of Credit Outstandings plus Revolving Credit Outstandings plus Letter of Credit Outstandings shall not exceed the Total Revolving Credit Commitment and (B) Senior Debt Outstandings shall not exceed the Borrowing Base.Swing Line

Conditions of Revolving Loans and Letter of Credit. The obligations -------------------------------------------------- of the Lenders to make any Revolving Loans, and the Issuing Bank to issue (or renew) Letters of Credit, hereunder on or subsequent to the Closing Date are subject to the satisfaction of the following conditions: (a) the Agent shall have received a Borrowing Notice if required by Article II; ----------; (b) the representations and warranties of the Credit Parties set forth in Article VIII and in each of the other Loan Documents shall be ------------ true and correct in all material respects on and as of the date of such Advance or Letter of Credit issuance or renewal, with the same effect as though such representations and warranties had been made on and as of such date, except to the extent that such representations and warranties expressly relate to an earlier date and except that the financial statements referred to in Section 8.6(a) shall be deemed (solely for the -------------- purpose of the representation and warranty contained in such Section ------- 8.6 (a8.6(a) but not for the purpose of any cross reference to such Section ------ ------- 8.6 (a8.6(a) or to the financial statements described therein contained in any ------ other provision of Section 8.6 or elsewhere in Article 8) to be those ----------- --------- financial statements most recently delivered to the Agent and the Lenders pursuant to Section 9.1 from the date financial statements are delivered ----------- to the Agent and the Lenders in accordance with such Section; (c) in the case of the issuance of a Letter of Credit, the Borrower shall have executed and delivered to the Issuing Bank an Application and Agreement for Letter of Credit in form and content acceptable to the Issuing Bank together with such other instruments and documents as it shall request; (d) at the time of (and after giving effect to) each Advance or the issuance of a Letter of Credit, no Default or Event of Default specified in Article XI shall have occurred and be continuing; and ----------and (e) immediately after giving effect to: (i) a Revolving Loan, the aggregate principal balance of all outstanding Revolving Loans for each Lender shall not exceed such Lender's Revolving Credit Commitment; (ii) a Letter of Credit or renewal thereof, the aggregate principal balance of all outstanding Participations in Letters of Credit and Reimbursement Obligations (or in the case of the Issuing Bank, its remaining interest after deduction of all Participations in Letters of Credit and Reimbursement Obligations of other Lenders) for each Lender and in the aggregate shall not exceed, respectively, (X) such Lender's Letter of Credit Commitment or (Y) the Total Letter of Credit Commitment; (iii) a Revolving Loan or a Letter of Credit or renewal thereof, (A) the sum of Revolving Credit Outstandings plus Letter of Credit Outstandings shall not exceed the Total Revolving Credit Commitment and (B) Senior Debt Outstandings shall not exceed the Borrowing Base.

Conditions of Revolving Loans and Letter of Credit. The obligations -------------------------------------------------- of the Lenders to make any Revolving Loans, and the Issuing Bank to issue (or renew) Letters of CreditCredit and Bank of America 62 to make Swing Line Loans, hereunder on or subsequent to the Closing Date are subject to the satisfaction of the following conditions: (a) the Agent or, in the case of Swing Line Loans, Bank of America shall have received a Borrowing Notice if required by Article ARTICLE II; ----------; (b) the representations and warranties of the Credit Parties set forth in Article ARTICLE VIII and in each of the other Loan Documents shall be ------------ true and correct in all material respects on and as of the date of such Advance Advance, Swing Line Loan or Letter of Credit issuance or renewal, with the same effect as though such representations and warranties had been made on and as of such date, except to the extent that such representations and warranties expressly relate to an earlier date and except that the financial statements referred to in Section SECTION 8.6(a) shall be deemed (solely for the -------------- purpose of the representation and warranty contained in such Section ------- 8.6 (aSECTION 8.6(a) but not for the purpose of any cross cross-reference to such Section ------ ------- 8.6 (aSECTION 8.6(a) or to the financial statements described therein contained in any ------ other provision of Section SECTION 8.6 or elsewhere in Article ARTICLE 8) to be those ----------- --------- financial statements most recently delivered to the Agent and the Lenders pursuant to Section SECTION 9.1 from the date financial statements are delivered ----------- to the Agent and the Lenders in accordance with such Section; (c) in the case of the issuance of a Letter of Credit, the Borrower shall have executed and delivered to the Issuing Bank an Application and Agreement for Letter of Credit in form and content acceptable to the Issuing Bank together with such other instruments and documents as it shall request; (d) at the time of (and after giving effect to) each Advance Advance, Swing Line Loan or the issuance of a Letter of Credit, no Default or Event of Default specified in Article ARTICLE XI shall have occurred and be continuing; and ----------and (e) immediately after giving effect to: (i) a Revolving Loan, the aggregate principal balance of all outstanding Revolving Loans for each Lender shall not exceed such Lender's Revolving Credit Commitment; (ii) a Letter of Credit or renewal thereof, the aggregate principal balance of all outstanding Participations in Letters of Credit and Reimbursement Obligations (or in the case of the Issuing Bank, its remaining interest after deduction of all Participations in Letters of Credit and Reimbursement Obligations of other Lenders) for each Lender and in the aggregate shall not exceed, respectively, (X) such Lender's Letter of Credit Commitment or (Y) the Total Letter of Credit Commitment; (iii) a Swing Line Loan, the Swing Line Outstandings shall not exceed $10,000,000; and (iv) a Revolving Loan, Swing Line Loan or a Letter of Credit or renewal thereof, (A) the sum of Letter of Credit Outstandings plus Revolving Credit Outstandings plus Letter of Credit Swing Line Outstandings shall not exceed the Total Revolving Credit Commitment and (B) Senior Debt Outstandings shall not exceed the Borrowing BaseCommitment.

Conditions of Revolving Loans and Letter of Credit. The obligations -------------------------------------------------- of the Lenders to make any Revolving Loans, and the Issuing Bank to issue (or renew) Letters of CreditCredit and Bank of America to make Swing Line Loans, hereunder on or subsequent to the Closing Date are subject to the satisfaction of the following conditions: (a) the Agent or, in the case of Swing Line Loans, Bank of America shall have received a Borrowing Notice if required by Article ARTICLE II; ----------; (b) the representations and warranties of the Credit Parties set forth in Article VIII ARTICLE VII and in each of the other Loan Documents shall be ------------ true and correct in all material respects on and as of the date of such Advance Advance, Swing Line Loan or Letter of Credit 51 58 issuance or renewal, with the same effect as though such representations and warranties had been made on and as of such date, except to the extent that such representations and warranties expressly relate to an earlier date (specifically, as to SECTION 7.4, Borrower agrees to provide an updated SCHEDULE 7.4 annually, and further specifically excepting the last sentence of SECTION 7.6 , all of Sections 7.7(b), 7.10, 7.11 AND 7.14(a), and the last sentence of SECTION 7.17) and except that the financial statements referred to in Section 8.6(aSECTION 7.5(a) shall be deemed (solely for the -------------- purpose of the representation and warranty contained in such Section ------- 8.6 (aSECTION 7.5(a) but not for the purpose of any cross reference to such Section ------ ------- 8.6 (aSECTION 7.5(a) or to the financial statements described therein contained in any ------ other provision of Section 8.6 SECTION 7.5 or elsewhere in Article 8) ARTICLE 7) to be those ----------- --------- financial statements most recently delivered to the Agent and the Lenders pursuant to Section 9.1 SECTION 8.1 from the date financial statements are delivered ----------- to the Agent and the Lenders in accordance with such Section; (c) in the case of the issuance of a Letter of Credit, the Borrower shall have executed and delivered to the Issuing Bank an Application and Agreement for Letter of Credit in form and content acceptable to the Issuing Bank together with such other instruments and documents as it shall request; (d) at the time of (and after giving effect to) each Advance Advance, Swing Line Loan or the issuance of a Letter of Credit, no Default or Event of Default specified in Article XI ARTICLE X shall have occurred and be continuing; and ----------and (e) immediately after giving effect to: (i) a Revolving Loan, the aggregate principal balance of all outstanding Revolving Loans for each Lender shall not exceed such Lender's Revolving Credit Commitment; (ii) a Letter of Credit or renewal thereof, the aggregate principal balance of all outstanding Participations in Letters of Credit and Reimbursement Obligations (or in the case of the Issuing Bank, its remaining interest after deduction of all Participations in Letters of Credit and Reimbursement Obligations of other Lenders) for each Lender and in the aggregate shall not exceed, respectively, (X) such Lender's Letter of Credit Commitment or (Y) the Total Letter of Credit Commitment; (iii) a Revolving Loan or a Letter of Credit or renewal thereof, (A) the sum of Revolving Credit Outstandings plus Letter of Credit Outstandings shall not exceed the Total Revolving Credit Commitment and (B) Senior Debt Outstandings shall not exceed the Borrowing Base.

Conditions of Revolving Loans and Letter of Credit. The obligations -------------------------------------------------- of the Lenders to make any Revolving Loans, Advances and the Issuing Bank to issue (or renew) Letters of CreditCredit and Bank of America to make Swing Line Loans, hereunder on or subsequent to the Closing Date are subject to the satisfaction of the following conditions: (a) the Agent or, in the case of Swing Line Loans, Bank of America shall have received a Borrowing Notice if as required by Article II; ----------II and the Lenders have received notice of receipt of such notice of borrowing or request pursuant to Section 2.1(c)(i) hereof; (b) the representations and warranties of the Credit Parties set forth in Article VIII VII and in each of the other Loan Documents shall be ------------ true and correct in all material respects on and as of the date of such Advance Advance, Swing Line Loan or Letter of Credit issuance or renewal, with the same effect as though such representations and warranties had been made on and as of such date, except (i) to the extent that such representations and warranties expressly relate to an earlier date date, (ii) that the representations and except warranties set forth in Sections 7.4 and 7.6 hereof shall be deemed to include and take into account any merger or consolidation permitted under Section 9.6 hereof, and (iii) that the financial statements referred to in Section 8.6(a7.6(a) shall be deemed (solely for the -------------- purpose of the representation and warranty contained in such Section ------- 8.6 (a) but not for the purpose of any cross reference to such Section ------ ------- 8.6 (a) or to the financial statements described therein contained in any ------ other provision of Section 8.6 or elsewhere in Article 8) to be those ----------- --------- financial statements most recently delivered to the Agent and the Lenders pursuant to Section 9.1 from the date financial statements are delivered ----------- to the Agent and the Lenders in accordance with such Section8.1; (c) in the case of the issuance of a Letter of Credit, the Borrower shall have executed and delivered to the Issuing Bank an Application and Agreement for Letter of Credit in form and content reasonably acceptable to the Issuing Bank together with such other instruments and documents as it shall reasonably request; (d) at the time of (and after giving effect to) each Advance Advance, Swing Line Loan or the issuance or renewal of a Letter of Credit, no Default or Event of Default specified in Article XI X shall have occurred and be continuing; and ----------and (e) immediately after giving effect to: (i) a Revolving Loan, a Swing Line Loan or a Letter of Credit or renewal thereof, (1) the aggregate principal balance sum of all outstanding Letter of Credit Outstandings plus Revolving Loans for each Lender Credit Outstandings plus Swing Line Outstandings shall not exceed such the Total Revolving Credit Commitment and (2) each Lender's Applicable Commitment Percentage of Revolving Loans and Participations shall not exceed its Revolving Credit Commitment;; and (ii) a Letter of Credit or renewal thereof, the aggregate principal balance of all outstanding Participations in Letters of Credit and Reimbursement Obligations (or in the case of the Issuing Bank, its remaining interest after deduction of all Participations of the Lenders in Letters of Credit and Reimbursement Obligations of other LendersObligations) for each Lender and in the aggregate shall not exceed, respectively, (X) such Lender's Letter of Credit Commitment or (Y) the Total Letter of Credit Commitment;. (iii) a Revolving Loan or a Letter of Credit or renewal thereofSwing Line Loan, (A) the sum of Revolving Credit Outstandings plus Letter of Credit Swing Line Outstandings shall not exceed the Total Revolving Credit Commitment and (B) Senior Debt Outstandings shall not exceed the Borrowing Base.$25,000,000; and

Conditions of Revolving Loans and Letter of Credit. The obligations -------------------------------------------------- of the Lenders to make any Revolving Loans, and the Issuing Bank to issue (or renew) Letters of CreditCredit and Bank of America to make Swing Line Loans, hereunder on or subsequent to the Closing Date are subject to the satisfaction of the following conditions: (a) the Administrative Agent or, in the case of Swing Line Loans, Bank of America shall have received a Borrowing Notice if required by Article II; ----------; (b) the representations and warranties of the Credit Parties set forth in Article VIII VII and in each of the other Loan Documents shall be ------------ true and correct in all material respects on and as of the date of such Advance Advance, Swing Line Loan or Letter of Credit issuance or renewal, with the same effect as though such representations and warranties had been made on and as of such date, except to the extent that such representations and warranties expressly relate to an earlier date and except that the financial statements referred to in Section 8.6(a7.6(a) shall be deemed (solely for the -------------- purpose of the representation and warranty contained in such Section ------- 8.6 (a7.6(a) but not for the purpose of any cross reference to such Section ------ ------- 8.6 (a7.6(a) or to the financial statements described therein contained in any ------ other provision of Section 8.6 7.6 or elsewhere in Article 8) VII) to be those ----------- --------- financial statements most recently delivered to the Administrative Agent and the Lenders pursuant to Section 9.1 8.1 from the date financial statements are delivered ----------- to the Administrative Agent and the Lenders in accordance with such Section; (c) in the case of the issuance of a Letter of Credit, the Borrower shall have executed and delivered to the Issuing Bank an Application and Agreement for Letter of Credit in form and content acceptable to the Issuing Bank together with such other instruments and documents as it shall request; (d) at the time of (and after giving effect to) each Advance Advance, Swing Line Loan or the issuance of a Letter of Credit, no Default or Event of Default specified in Article XI X shall have occurred and be continuing; and ----------and (e) immediately after giving effect to: (i) a Revolving 364 Day Loan, the aggregate principal balance of all outstanding Revolving 364 Day Loans for each Lender shall not exceed such Lender's Revolving Credit 364 Day Commitment; (ii) a 364 Day Loan, the 364 Day Outstandings shall not exceed the Total 364 Day Commitment; (iii) a Three Year Loan, the aggregate principal balance of all outstanding Three Year Loans for each Lender shall not exceed such Lender's Three Year Commitment; (iv) a Letter of Credit or renewal thereof, the aggregate principal balance of all outstanding Participations in Letters of Credit and Reimbursement Obligations (or in the case of the Issuing Bank, its remaining interest after deduction of all Participations in Letters of Credit and Reimbursement Obligations of other Lenders) for each Lender and in the aggregate shall not exceed, respectively, (X) such Lender's Letter of Credit Commitment or (Y) the Total Letter of Credit Commitment; (iiiv) a Revolving Swing Line Loan, the Swing Line Outstandings shall not exceed $5,000,000; and (vi) a Three Year Loan, Swing Line Loan or a Letter of Credit or renewal thereof, (A) the sum of Revolving Letter of Credit Outstandings plus Letter of Credit Three Year Outstandings plus Swing Line Outstandings shall not exceed the Total Revolving Credit Commitment and (B) Senior Debt Outstandings shall not exceed the Borrowing BaseThree Year Commitment.

Conditions of Revolving Loans and Letter of Credit. The obligations -------------------------------------------------- of the Lenders to make any Revolving Loans, and the Issuing Bank to issue (or renew) any Letters of CreditCredit and Bank of America to make Swing Line Loans, hereunder on or subsequent to the Closing Date are subject to the satisfaction of the following conditions: (a) the satisfaction of all conditions set forth in SECTION 7.1 hereof; (b) the Agent or, in the case of Swing Line Loans, Bank of America shall have received a Borrowing Notice if required by Article ARTICLE II; ----------; (bc) the representations and warranties of the Credit Parties set forth in Article ARTICLE VIII and in each of the other Loan Documents shall be ------------ true and correct in all material respects on and as of the date of such Advance Advance, Swing Line Loan or Letter of Credit issuance or renewal, with the same effect as though such representations and warranties had been made on and as of such date, except to the extent that such representations and warranties expressly relate to an earlier date (specifically, as to SECTION 8.4, Borrower agrees to provide an updated SCHEDULE 8.4 annually, and further specifically excepting the last sentence of SECTION 8.6, all of SECTIONS 8.7(b), 8.10, 8.11 AND 8.14(a), and the last sentence of SECTION 8.17) and except that the financial statements referred to in Section 8.6(aSECTION 8.5(a) shall be deemed (solely for the -------------- purpose of the representation and warranty contained in such Section ------- 8.6 (aSECTION 8.5(a) but not for the purpose of any cross reference to such Section ------ ------- 8.6 (aSECTION 8.5(a) or to the financial statements described therein contained in any ------ other provision of Section 8.6 SECTION 8.5 or elsewhere in Article 8) ARTICLE VIII) to be those ----------- --------- financial statements most recently delivered to the Agent and the Lenders pursuant to Section SECTION 9.1 from the date financial statements are delivered ----------- to the Agent and the Lenders in accordance with such Section; (cd) in the case of the issuance of a Letter of Credit, the Borrower shall have executed and delivered to the Issuing Bank an Application and Agreement for Letter of Credit in form and content acceptable to the Issuing Bank together with such other instruments and documents as it shall request; (de) at the time of (and after giving effect to) each Advance Advance, Swing Line Loan or the issuance of a Letter of Credit, no Default or Event of Default specified in Article ARTICLE XI shall have occurred and be continuing; and ----------and (ef) immediately after giving effect to: (i) a Revolving Loan, the aggregate principal balance of all outstanding Revolving Loans for each Lender shall not exceed such Lender's Revolving Credit Commitment; (ii) a Letter of Credit or renewal thereof, the aggregate principal balance of all outstanding Participations in Letters of Credit and Reimbursement Obligations (or in the case of the Issuing Bank, its remaining interest after deduction of all Participations in Letters of Credit and Reimbursement Obligations of other Lenders) for each Lender and in the aggregate shall not exceed, respectively, (X) such Lender's Letter of Credit Commitment or (Y) the Total Letter of Credit Commitment; (iii) a Swing Line Loan, the Swing Line Outstandings shall not exceed $10,000,000; and (iv) a Revolving Loan, Swing Line Loan or a Letter of Credit or renewal thereof, (A) the sum of Letter of Credit Outstandings plus Revolving Credit Outstandings plus Letter of Credit Swing Line Outstandings shall not exceed the Total Revolving Credit Commitment and (B) Senior Debt Outstandings shall not exceed the Borrowing BaseCommitment.

Conditions of Revolving Loans and Letter of Credit. The obligations -------------------------------------------------- of the Lenders to make any Revolving Loans, and the Issuing Bank to issue (or renew) Letters of Credit, hereunder on or subsequent to the Closing Date are subject to the satisfaction of the following conditions: (a) the Agent shall have received a Borrowing Notice if required by Article II; ----------and (b) the representations and warranties of the Credit Parties Borrower and the Guarantors set forth in Article VIII VII and in each of the other Loan Documents shall be ------------ true and correct in all material respects on and as of the date of such Advance or Letter of Credit issuance or renewal, with the same effect as though such representations and warranties had been made on and as of such date, except except: (i) to the extent that such representations and warranties expressly relate to an earlier date date, and except (ii) that the financial statements referred to in Section 8.6(a7.6(a) shall be deemed (solely for the -------------- purpose of the representation and warranty contained in such Section ------- 8.6 (a) but not for the purpose of any cross reference to such Section ------ ------- 8.6 (a) or to the financial statements described therein contained in any ------ other provision of Section 8.6 or elsewhere in Article 8) to be those ----------- --------- financial statements most recently delivered to the Agent and the Lenders pursuant to Section 9.1 8.1 from the date financial statements are delivered ----------- to the Agent and the Lenders in accordance with such Section;, and (iii) with respect to transactions permitted hereunder; and (c) in the case of the issuance of a Letter of Credit, the Borrower shall have executed and delivered to the Issuing Bank an Application and Agreement for Letter of Credit in form and content acceptable to the Issuing Bank together with such other instruments and documents as it shall request;; and (d) at the time of (and after giving effect to) each Advance or the issuance of a Letter of Credit, no Default or Event of Default specified in Article XI X shall have occurred and be continuing; and ----------and (e) immediately after giving effect to: (i) a Revolving Loan, the aggregate principal balance of all outstanding Revolving Loans for each Lender shall not exceed such Lender's Revolving Credit Commitment; (ii) a Letter of Credit or renewal thereof, the aggregate principal balance of all outstanding Participations in Letters of Credit and Reimbursement Obligations (or in the case of the ofthe Issuing Bank, its remaining interest after deduction of all Participations in Letters of Credit and Reimbursement Obligations of other Lenders) for each Lender and in the aggregate shall not exceed, respectively, (X) such Lender's Letter of Credit Commitment or (Y) the Total Letter of Credit Commitment;; and (iii) a Revolving Loan or a Letter of Credit or renewal thereof, (A) the sum of Revolving Letter of Credit Outstandings plus Letter of Revolving Credit Outstandings shall not exceed the Total Revolving Credit Commitment and (B) Senior Debt Outstandings shall not exceed the Borrowing BaseCommitment.

Conditions of Revolving Loans and Letter of Credit. The obligations -------------------------------------------------- of the Lenders to make any Revolving LoansLoan, and the Issuing Bank to issue (or renew) Letters any Letter of CreditCredit and NationsBank to make any Swing Line Loan, hereunder on or subsequent to the Closing Date are subject to the satisfaction of the following conditions: (a) the Agent or, in the case of Swing Line Loans, NationsBank shall have received a Borrowing Notice if required by Article II; ----------ARTICLE III; (b) the representations and warranties of the Credit Loan Parties set forth in Article ARTICLE VIII and in each of the other Loan Documents shall be ------------ true and correct in all material respects on and as of the date of such Advance Advance, Swing Line Loan or Letter of Credit issuance or renewal, as the case may be, with the same effect as though such representations and warranties had been made on and as of such date, except to the extent that such representations and warranties expressly relate to an earlier date and except that the financial statements referred to in Section 8.6(aSECTION 8.6(a)(i) shall be deemed (solely for the -------------- purpose of the representation and warranty contained in such Section ------- 8.6 (a) but not for the purpose of any cross reference to such Section ------ ------- 8.6 (a) or to the financial statements described therein contained in any ------ other provision of Section 8.6 or elsewhere in Article 8) to be those ----------- --------- financial statements most recently delivered to the Agent and the Lenders pursuant to Section SECTION 9.1 from the date financial statements are delivered ----------- to the Agent and the Lenders in accordance with such Section; (c) in the case of the issuance of a Letter of Credit, the Borrower shall have executed and delivered to the Issuing Bank an Application and Agreement for Letter of Credit in form and content acceptable to the Issuing Bank together with such other instruments and documents as it shall request; (d) at the time of (and after giving effect to) each Advance Advance, Swing Line Loan or the issuance of a Letter of Credit, no Default or Event of Default specified in Article ARTICLE XI shall have occurred and be continuing; and ----------and (e) immediately after giving effect to: (i) a Revolving Loan, the aggregate principal balance of all outstanding Revolving Loans and Participations and Reimbursement Obligations for each Lender shall not exceed such Lender's Revolving Credit Commitment; (ii) a Letter of Credit or renewal thereof, the aggregate principal balance of all outstanding Participations in Letters of Credit and Reimbursement Obligations (or in the case of the Issuing Bank, its remaining interest after deduction of all Participations in Letters of Credit and Reimbursement Obligations of other Lenders) for each Lender and in the aggregate shall not exceed, respectively, (X) such Lender's Letter of Credit Commitment or (Y) the Total Letter of Credit Commitment; (iii) a Swing Line Loan, the Swing Line Outstandings shall not exceed $10,000,000; and (iv) a Revolving Loan, Swing Line Loan or a Letter of Credit or renewal thereof, (A) the sum of Letter of Credit Outstandings plus Revolving Credit Outstandings plus Letter of Credit Swing Line Outstandings shall not exceed exceed, after giving effect to any concurrent reduction of any such Loans, the Total Revolving Credit Commitment and (B) Senior Debt Outstandings shall not exceed the Borrowing BaseCommitment.

Conditions of Revolving Loans and Letter of Credit. The obligations -------------------------------------------------- of the Lenders to make any Revolving Credit Loans, and the Issuing Bank Banks to issue (or renew) any Letters of Credit, and the Canadian Swing Line Facility Lender to make Canadian Swing Line Loans, hereunder on or subsequent to the Closing Date are subject to the satisfaction of the following conditions: (a) the satisfaction of all conditions set forth in Section 7.1 hereof; (b) the Agent or, in the case of Canadian Swing Line Loans, the Canadian Swing Line Facility Lender, shall have received a Borrowing Notice if required by Article II; ----------; (bc) the representations and warranties of the Credit Parties Borrowers and their Subsidiaries set forth in Article VIII and in each of the other Loan Documents shall be ------------ true and correct in all material respects on and as of the date of such Advance Advance, Canadian Swing Line Loan or Letter of Credit issuance or renewal, with the same effect as though such representations and warranties had been made on and as of such date, except to the extent that such representations and warranties expressly relate to an earlier date and except that the financial statements referred to in Section 8.6(a) shall be deemed (solely for the -------------- purpose of the representation and warranty contained in such Section ------- 8.6 (a8.6(a) but not for the purpose of any cross reference to such Section ------ ------- 8.6 (a8.6(a) or to the financial statements described therein contained in any ------ other provision of Section 8.6 8.6(a) or elsewhere in Article 8) VIII) to be those ----------- --------- financial statements most recently delivered to the Agent Agents and the Lenders pursuant to Section 9.1 from the date financial statements are delivered ----------- to the Agent Agents and the Lenders in accordance with such Section; (cd) in the case of the issuance of a Letter of Credit, the applicable Facility Borrower shall have executed and delivered to the applicable Issuing Bank an Application and Agreement for Letter of Credit in form and content reasonably acceptable to the such Issuing Bank together with such other instruments and documents as it shall reasonably request; (de) at the time of (and after giving effect to) each Advance Advance, Canadian Swing Line Loan or the issuance of a Letter of Credit, no Default or Event of Default specified in Article XI shall have occurred and be continuing; and ----------and (ef) immediately after giving effect to: (i) a Revolving Credit Loan, a Letter of Credit (or renewal thereof) or a Canadian Swing Line Loan, (A) the aggregate principal balance amount of all outstanding US Revolving Loans for each Lender Credit Outstandings plus US Letter of Credit Outstandings shall not exceed such Lender's the Total Commitment for the US Revolving Credit CommitmentFacility, (B) the Dollar Equivalent Amount of Canadian Revolving Credit Outstandings plus Canadian Letter of Credit Outstandings plus Canadian Swing Line Loan Outstandings shall not exceed the Total Commitment for the Canadian Revolving Credit Facility, (C) the Dollar Equivalent Amount of all Outstandings under the Revolving Credit Facilities, the Letter of Credit Facilities and the Canadian Swing Line Facility shall not exceed the sum of (x) the Borrowing Base as calculated in Dollars at such time plus (y) during an Overadvance Period, the Overadvance Amount as calculated in Dollars at such time, and (D) the amount of US Revolving Credit Outstandings of Consoltex Mexico and Rafytek shall not exceed the Mexican Borrowing Limit applicable thereto; (ii) a Letter of Credit or renewal thereof, the aggregate principal balance of all outstanding Participations in Letters of Credit and Reimbursement Obligations (or in the case of the applicable Issuing Bank, its remaining interest after deduction of all Participations in Letters of Credit and Reimbursement Obligations of other Lenders) for each applicable Lender and in the aggregate shall not exceed, respectively, (X) such Lender's Letter of Credit Commitment or (Y) the Total Canadian Letter of Credit Commitment or Total US Letter of Credit Commitment;, as applicable; and (iii) a Revolving Canadian Swing Line Loan, the Canadian Swing Line Loan or a Letter of Credit or renewal thereof, (A) the sum of Revolving Credit Outstandings plus Letter of Credit Outstandings shall not exceed the Total Revolving Credit Commitment and (B) Senior Debt Outstandings shall not exceed the Borrowing Base$4,000,000.

Conditions of Revolving Loans and Letter of Credit. The obligations -------------------------------------------------- of the Lenders to make any Revolving Loans, and the Issuing Bank to issue (or renew) Letters of CreditCredit and Bank of America to make Swing Line Loans, hereunder on or subsequent to the Closing Date are subject to the satisfaction of the following conditions: (a) the Agent or, in the case of Swing Line Loans, Bank of America shall have received a Borrowing Notice if required by Article ARTICLE II; ----------; (b) the representations and warranties of the Credit Parties set forth in Article ARTICLE VIII and in each of the other Loan Documents shall be ------------ true and correct in all material respects on and as of the date of such Advance Advance, Swing Line Loan or Letter of Credit issuance or renewal, with the same effect as though such representations and warranties had been made on and as of such date, except to the extent that such representations and warranties expressly relate to an earlier date and except that the financial statements referred to in Section SECTION 8.6(a) shall be deemed (solely for the -------------- purpose of the representation and warranty contained in such Section ------- 8.6 (aSECTION 8.6(a) but not for the purpose of any cross cross-reference to such Section ------ ------- 8.6 (aSECTION 8.6(a) or to the financial statements described therein contained in any ------ other provision of Section SECTION 8.6 or elsewhere in Article ARTICLE 8) to be those ----------- --------- financial statements most recently delivered to the Agent and the Lenders pursuant to Section SECTION 9.1 from the date financial statements are delivered ----------- to the Agent and the Lenders in accordance with such Section; (c) in the case of the issuance of a Letter of Credit, the Borrower shall have executed and delivered to the Issuing Bank an Application and Agreement for Letter of Credit in form and content acceptable to the Issuing Bank together with such other instruments and documents as it shall request; (d) at the time of (and after giving effect to) each Advance Advance, Swing Line Loan or the issuance of a Letter of Credit, no Default or Event of Default specified in Article ARTICLE XI shall have occurred and be continuing; and ----------and (e) immediately after giving effect to: (i) a Revolving Loan, the aggregate principal balance of all outstanding Revolving Loans for each Lender shall not exceed such Lender's Revolving Credit Commitment; (ii) a Letter of Credit or renewal thereof, the aggregate principal balance of all outstanding Participations in Letters of Credit and Reimbursement Obligations (or in the case of the Issuing Bank, its remaining interest after deduction of all Participations in Letters of Credit and Reimbursement Obligations of other Lenders) for each Lender and in the aggregate shall not exceed, respectively, (X) such Lender's Letter of Credit Commitment or (Y) the Total Letter of Credit Commitment; (iii) a Swing Line Loan, the Swing Line Outstandings shall not exceed $10,000,000; and (iv) a Revolving Loan, Swing Line Loan or a Letter of Credit or renewal thereof, (A) the sum of Letter of Credit Outstandings plus Revolving Credit Outstandings plus Letter of Credit Swing Line Outstandings shall not exceed the Total Revolving Credit Commitment and (B) Senior Debt Outstandings shall not exceed the Borrowing BaseCommitment.

Conditions of Revolving Loans and Letter of Credit. The obligations -------------------------------------------------- of the Lenders to make any Revolving Loans, and the Issuing Bank to issue (or renew) Letters of CreditCredit and NationsBank to make Swing Line Loans, hereunder on or subsequent to the Closing Date are subject to the satisfaction of the following conditions: (a) the Agent or, in the case of Swing Line Loans, NationsBank shall have received a Borrowing Notice if required by Article II; ----------; (b) the representations and warranties of the Credit Loan Parties set forth in Article VIII VII and in each of the other Loan Documents shall be ------------ true and correct in all material respects on and as of the date of such Advance Advance, Swing Line Loan or Letter of Credit issuance or renewal, with the same effect as though such representations and warranties had been made on and as of such date, except to the extent that such representations and warranties expressly relate to an earlier date and except that the financial statements referred to in Section 8.6(a7.6(a) shall be deemed (solely for the -------------- purpose of the representation and warranty contained in such Section ------- 8.6 (a) but not for the purpose of any cross reference to such Section ------ ------- 8.6 (a) or to the financial statements described therein contained in any ------ other provision of Section 8.6 or elsewhere in Article 8) to be those ----------- --------- financial statements most recently delivered to the Agent and the Lenders pursuant to Section 9.1 8.1 from the date financial statements are delivered ----------- to the Agent and the Lenders in accordance with such Section; (c) in the case of the issuance of a Letter of Credit, the Borrower shall have executed and delivered to the Issuing Bank an Application and Agreement for Letter of Credit in form and content acceptable to the Issuing Bank together with such other instruments and documents as it shall request; (d) at the time of (and after giving effect to) each Advance Advance, Swing Line Loan or the issuance of a Letter of Credit, no Default or Event of Default specified in Article XI X shall have occurred and be continuing; and ----------and (e) immediately after giving effect to: (i) a Revolving Loan, the aggregate principal balance of all outstanding Revolving Loans for each Lender shall not exceed such Lender's Revolving Credit Commitment; (ii) a Letter of Credit or renewal thereof, the aggregate principal balance of all outstanding Participations in Letters of Credit and Reimbursement Obligations (or in the case of the Issuing Bank, its remaining interest after deduction of all Participations in Letters of Credit and Reimbursement Obligations of other Lenders) for each Lender and in the aggregate shall not exceed, respectively, (X) such Lender's Letter of Credit Commitment or (Y) the Total Letter of Credit Commitment; (iii) a Swing Line Loan, the Swing Line Outstandings shall not exceed $5,000,000; and (iv) a Revolving Loan, Swing Line Loan or a Letter of Credit or renewal thereof, (A) the sum of Letter of Credit Outstandings plus Revolving Credit Outstandings plus Letter of Credit Swing Line Outstandings shall not exceed the Total Revolving Credit Commitment and (B) Senior Debt Outstandings shall not exceed the Borrowing BaseCommitment.

Conditions of Revolving Loans and Letter of Credit. The obligations -------------------------------------------------- of the Lenders to make any Revolving Loans, and the Issuing Bank to issue (or renew) renew Letters of CreditCredit and Bank of America to make Swing Line Loans, hereunder on or subsequent to the Closing Date are subject to the satisfaction of the following conditions: (a) the Administrative Agent or, in the case of Swing Line Loans, Bank of America shall have received a Borrowing Notice if required by Article II; ----------; (b) the representations and warranties of the Credit Parties set forth in Article VIII and in each of the other Loan Documents shall be ------------ true and correct in all material respects on and as of the date of such Advance Advance, Swing Line Loan or Letter of Credit issuance or renewal, with the same effect as though such representations and warranties had been made on and as of such date, except to the extent that such representations and warranties expressly relate to an earlier date and except that the financial statements referred to in Section 8.6(a) shall be deemed (solely for the -------------- purpose of the representation and warranty contained in such Section ------- 8.6 (a8.6(a) but not for the purpose of any cross reference to such Section ------ ------- 8.6 (a8.6(a) or to the financial statements described therein contained in any ------ other provision of Section 8.6 or elsewhere in Article 8) to be those ----------- --------- financial statements most recently delivered to the Administrative Agent and the Lenders pursuant to Section 9.1 from the date financial statements are delivered ----------- to the Administrative Agent and the Lenders in accordance with such Section; (c) in the case of the issuance of a Letter of Credit, the Borrower or Borrowers, as the case may be, shall have executed and delivered to the Issuing Bank an Application and Agreement for Letter of Credit in form and content acceptable to the Issuing Bank together with such other instruments and documents as it shall request; (d) at the time of (and after giving effect to) each Advance Advance, Swing Line Loan or the issuance of a Letter of Credit, no Default or Event of Default specified in Article XI shall have occurred and be continuing; and ----------and (e) immediately after giving effect to: (i) a Revolving Loan, the aggregate principal balance of all outstanding Revolving Loans for each Lender shall not exceed such Lender's Revolving Credit Commitment; (ii) a Letter of Credit or renewal thereof, the aggregate principal balance of all outstanding Participations in Letters of Credit and Reimbursement Obligations (or in the case of the Issuing Bank, its remaining interest after deduction of all Participations in Letters of Credit and Reimbursement Obligations of other Lenders) for each Lender and in the aggregate shall not exceed, respectively, (X) such Lender's Letter of Credit Commitment or (Y) the Total Letter of Credit Commitment; (iii) a Swing Line Loan, the Swing Line Outstandings shall not exceed $5,000,000; and (iv) a Revolving Loan, Swing Line Loan or a Letter of Credit or renewal thereof, (A) the sum of Letter of Credit Outstandings plus Revolving Credit Outstandings plus Letter of Credit Swing Line Outstandings shall not exceed the Total Revolving Credit Commitment and (B) Senior Debt Outstandings shall not exceed the Borrowing BaseCommitment.

Conditions of Revolving Loans and Letter of Credit. The obligations -------------------------------------------------- of the Lenders to make any Revolving Loans, and the Issuing Bank to issue (or renew) Letters of CreditCredit and NationsBank to make Swing Line Loans, hereunder on or subsequent to the Closing Date are subject to the satisfaction of the following conditions: (a) the Agent or, in the case of Swing Line Loans, NationsBank shall have received a Borrowing Notice if required by Article II; ----------; (b) the representations and warranties of the Credit Loan Parties set forth in Article VIII VII and in each of the other Loan Documents shall be ------------ true and correct in all material respects on and as of the date of such Advance Advance, Swing Line Loan or Letter of Credit issuance or renewal, with the same effect as though such representations and warranties had been made on and as of such date, except to the extent that such representations and warranties expressly relate to an earlier date and except that the financial statements referred to in Section 8.6(a7.6(a)(i) shall be deemed (solely for the -------------- purpose of the representation and warranty contained in such Section ------- 8.6 (a) but not for the purpose of any cross reference to such Section ------ ------- 8.6 (a) or to the financial statements described therein contained in any ------ other provision of Section 8.6 or elsewhere in Article 8) to be those ----------- --------- financial statements most recently delivered to the Agent and the Lenders pursuant to Section 9.1 8.1 from the date financial statements are delivered ----------- to the Agent and the Lenders in accordance with such Section; (c) in the case of the issuance of a Letter of Credit, the Borrower shall have executed and delivered to the Issuing Bank an Application and Agreement for Letter of Credit in form and content acceptable to the Issuing Bank together with such other instruments and documents as it shall request; (d) at the time of (and after giving effect to) each Advance Advance, Swing Line Loan or the issuance of a Letter of Credit, no Default or Event of Default specified in Article XI shall have occurred and be continuing; and ----------and (e) immediately after giving effect to: (i) a Revolving Loan, the aggregate principal balance of all outstanding Revolving Loans for each Lender shall not exceed such Lender's Revolving Credit Commitment; (ii) a Letter of Credit or renewal thereof, the aggregate principal balance of all outstanding Participations in Letters of Credit and Reimbursement Obligations (or in the case of the Issuing Bank, its remaining interest after deduction of all Participations in Letters of Credit and Reimbursement Obligations of other Lenders) for each Lender and in the aggregate shall not exceed, respectively, (X) such Lender's Letter of Credit Commitment or (Y) the Total Letter of Credit Commitment; (iii) a Revolving Swing Line Loan, the Swing Line Outstandings outstanding shall not exceed $15,000,000; (iv) a Working Capital Loan or a Letter of Credit or renewal thereof, (A) the sum amount of Revolving Credit all Working Capital Outstandings plus Letter of Credit Outstandings plus the aggregate principal amount of Swing Line Loans outstanding constituting Working Capital Loans shall not exceed the Asset Ceiling; and (v) a Loan, Swing Line Loan or a Letter of Credit or renewal thereof, the sum of Letter of Credit Outstandings plus Revolving Credit Outstandings plus Swing Line Outstandings shall not exceed the Total Revolving Credit Commitment and (B) Senior Debt Outstandings shall not exceed the Borrowing BaseCommitment.