Common use of Discretionary Loans Clause in Contracts

Discretionary Loans. (a) Each Bank may, in its sole discretion and on terms and conditions in writing satisfactory to it and the Company that are consistent with the provisions of this Agreement, make additional Loans to the Company under its Commitment on any one or more Business Days on or after the date hereof and prior to the Maturity Date, which Discretionary Loans will be payable to the appropriate Bank upon such terms and conditions; provided, however, that the Company will not permit to remain outstanding any Discretionary Loans from any Bank, and no Bank will make Discretionary Loans to the Company, if the sum of the aggregate principal amount of the Discretionary Loans and the Revolving Loans made by such Bank and such Bank's LC Exposure and Swingline Exposure exceeds such Bank's Commitment. Should any Discretionary Loan be outstanding from any Bank on a date on which a Borrowing is to be made, such Borrowing shall be made available only if the Company has paid or shall simultaneously with the making of such Borrowing pay such portions of Discretionary Loans (including the payment of the amount of any losses payable pursuant to Section 2.01(f) actually incurred by such Bank as a result of such prepayment) as shall be necessary to make available a portion of each Bank's Commitment at least equal to such Bank's Pro Rata Share of such Borrowing. No Discretionary Loan shall have a maturity date or interest period that extends beyond the Maturity Date. Each Bank shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness to such Bank resulting from each Discretionary Loan made by such Bank. The entries made in the accounts maintained pursuant to this Section 2.06(a) shall be prima facie evidence of the existence and amounts of the obligations therein recorded; provided, however, that the failure of any Bank to maintain such accounts or any error therein shall not in any manner affect the obligation of the Company to repay the Discretionary Loans in accordance with their terms.

Discretionary Loans. (a) Each Bank may, in its sole discretion and on terms and conditions in writing satisfactory to it and the Company that are consistent not inconsistent with the provisions of this Agreement, make additional Loans to the Company under its Commitment in Dollars, or in a Discretionary Alternate Currency, as the case may be, on any one or more Business Days on or after the date hereof and prior to the Maturity Date, which Discretionary Loans will be payable to the appropriate Bank upon such terms and conditions; provided, however, that the Company will not permit to remain outstanding any Discretionary Loans from any Bank, and no Bank will make any Discretionary Loans to the Company, if the sum of the aggregate principal amount of the Discretionary Loans and the Revolving Alternate Currency Loans made by (each calculated in its Dollar equivalent, as applicable) and the Conventional Loans payable to such Bank and such Bank's LC Exposure and Swingline Exposure exceeds such Bank's Commitment. Should any Discretionary Loan be outstanding from any Bank on a date on which a Conventional Borrowing or an Alternate Currency Borrowing is to be made, such Conventional Borrowing or Alternate Currency Borrowing shall be made available only if the Company has paid or shall simultaneously with the making of such Conventional Borrowing or Alternate Currency Borrowing, pay such portions of Discretionary Loans (including including, without limitation, the payment of the amount of any losses payable pursuant to Section 2.01(f) actually incurred by such Bank as a result of such prepayment) as shall be necessary to make available a portion of each Bank's Commitment at least equal to such Bank's Pro Rata Share of such Conventional Borrowing or Alternate Currency Borrowing. No Discretionary Loan shall have a maturity date or interest period that extends beyond the Maturity Date. Each Bank shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness to such Bank resulting from each Discretionary Loan made by such Bank. The entries made in the accounts maintained pursuant to this Section 2.06(a2.06 (a) shall be prima facie evidence of the existence and amounts of the obligations therein recorded; provided, however, that the failure of any Bank to maintain such accounts or any error therein shall not in any manner affect the obligation of the Company to repay the Discretionary Loans in accordance with their terms. The Company hereby unconditionally promises to pay to each Bank the then unpaid principal amount of each Discretionary Loan made by such Bank on the earlier of the Maturity Date and the date on which such principal amount is due pursuant to the terms of such Discretionary Loan.

Discretionary Loans. (a) Each Bank Lender may, in its sole discretion and on terms and conditions in writing satisfactory to it and the Company that are consistent not inconsistent with the provisions of this Agreement, make additional Loans to the Company under its Commitment in Dollars, on any one or more Business Days on or after the date hereof Closing Date and prior to the Maturity DateTermination Date ("Discretionary Loans"), which Discretionary Loans will be payable to the appropriate Bank Lender upon such terms and conditions; provided, however, provided that the Company will not permit to remain outstanding any Discretionary Loans from any BankLender, and no Bank Lender will make any Discretionary Loans to the Company, if the sum of the aggregate principal amount of the Discretionary Loans and the Revolving Conventional Loans made by payable to such Bank and Lender, together with such BankLender's LC Exposure and Swingline Exposure at such time and, for as long as the Revolver Reserve is in effect, such Lender's Applicable Percentage of the Revolver Reserve, exceeds such BankLender's Commitment. Should any Discretionary Loan be outstanding from any Bank Lender on a date on which a Conventional Borrowing is to be made, such Borrowing shall be made available only if the Company has paid or shall simultaneously with the making of such Borrowing Conventional Loan pay such portions of Discretionary Loans (including including, without limitation, the payment of the amount of any losses payable pursuant to Section 2.01(f2.02(e) actually incurred by such Bank Lender as a result of such prepayment) as shall be necessary to make available a portion of each BankLender's Commitment at least equal to such BankLender's Pro Rata Share share of such Conventional Borrowing. No Discretionary Loan shall have a maturity maturity, final payment date or interest period that extends beyond the Maturity Termination Date. Each Bank Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness to such Bank Lender resulting from each Discretionary Loan made by such BankLender. The entries made in the accounts maintained pursuant to this Section 2.06(a2.05(a) shall be prima facie evidence of the existence and amounts of the obligations therein recorded; provided, however, provided that the failure of any Bank Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Company to repay the Discretionary Loans in accordance with their terms. The Company hereby unconditionally promises to pay to each Lender the then unpaid principal amount of each Discretionary Loan made by such Lender on the earlier of the Termination Date and the date on which such principal amount is due pursuant to the terms of such Discretionary Loan.

Discretionary Loans. (a) Each Bank may, in its sole discretion and on terms and conditions in writing satisfactory to it and the Company that are consistent not inconsistent with the provisions of this Agreement, make additional Loans to the Company under its Commitment on any one or more Business Days on or after the date hereof and prior to the Maturity Date, which Discretionary Loans will be payable to the appropriate Bank upon such terms and conditions; provided, however, that the Company will not permit to remain outstanding any Discretionary Loans from any Bank, and no Bank will make any Discretionary Loans to the Company, if the sum of the aggregate principal amount of the Discretionary Loans and the Revolving Loans made by such Bank and such Bank's LC Exposure and Swingline Exposure exceeds such Bank's Commitment. Should any Discretionary Loan be outstanding from any Bank on a date on which a Borrowing is to be made, such Borrowing shall be made available only if the Company has paid or shall simultaneously with the making of such Borrowing pay such portions of Discretionary Loans (including including, without limitation, the payment of the amount of any losses payable pursuant to Section 2.01(f) actually incurred by such Bank as a result of such prepayment) as shall be necessary to make available a portion of each Bank's Commitment at least equal to such Bank's Pro Rata Share of such Borrowing. No Discretionary Loan shall have a maturity date or interest period that extends beyond the Maturity Date. Each Bank shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness to such Bank resulting from each Discretionary Loan made by such Bank. The entries made in the accounts maintained pursuant to this Section 2.06(a) shall be prima facie evidence of the existence and amounts of the obligations therein recorded; provided, however, that the failure of any Bank to maintain such accounts or any error therein shall not in any manner affect the obligation of the Company to repay the Discretionary Loans in accordance with their terms.

Discretionary Loans. (a) Each Bank Lender may, in its sole discretion and on terms and conditions in writing satisfactory to it and the Company that are consistent not inconsistent with the provisions of this Agreement, make additional Loans to the Company under its Commitment in Dollars, on any one or more Business Days on or after the date hereof and prior to the Maturity DateTermination Date (“Discretionary Loans”), which Discretionary Loans will be payable to the appropriate Bank Lender upon such terms and conditions; provided, however, that the Company will not permit to remain outstanding any Discretionary Loans from any BankLender, and no Bank Lender will make any Discretionary Loans to the Company, if the sum of the aggregate principal amount of the Discretionary Loans and the Revolving Conventional Loans made by payable to such Bank and Lender, together with such Bank's Lender’s LC Exposure and Swingline Exposure at such time, exceeds such Bank's Lender’s Commitment. Should any Discretionary Loan be outstanding from any Bank Lender on a date on which a Conventional Borrowing is to be made, such Conventional Borrowing shall be made available only if the Company has paid or shall simultaneously with the making of such Borrowing Conventional Loan pay such portions of Discretionary Loans (including including, without limitation, the payment of the amount of any losses payable pursuant to Section 2.01(f2.01(g) actually incurred by such Bank Lender as a result of such prepayment) as shall be necessary to make available a portion of each Bank's Lender’s Commitment at least equal to such Bank's Pro Rata Share Lender’s share of such Conventional Borrowing. No Discretionary Loan shall have a maturity maturity, final payment date or interest period that extends beyond the Maturity Termination Date. Each Bank Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness to such Bank Lender resulting from each Discretionary Loan made by such BankLender. The entries made in the accounts maintained pursuant to this Section 2.06(a2.04(a) shall be prima facie evidence of the existence and amounts of the obligations therein recorded; provided, however, that the failure of any Bank Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Company to repay the Discretionary Loans in accordance with their terms. The Company hereby unconditionally promises to pay to each Lender the then unpaid principal amount of each Discretionary Loan made by such Lender on the earlier of the Termination Date and the date on which such principal amount is due pursuant to the terms of such Discretionary Loan.