Common use of Incorporation of Credit Agreement Clause in Contracts

Incorporation of Credit Agreement. 1. Reference is made to the Credit Agreement dated as of November 18, 2005, as amended by First Amendment to Credit Agreement dated as of June 28, 2006, by Second Amendment to Credit Agreement dated as of February 28, 2007, and by Third Amendment to Credit Agreement dated concurrently herewith (the "Credit Agreement"), executed by and among the Borrower, the Lenders therein named, and Xxxxx Fargo Bank, National Association as administrative and collateral agent for the Lenders (the "Agent"). Terms defined in the Credit Agreement and not otherwise defined herein are used herein with the meanings defined for those terms in the Credit Agreement. This Amended and Restated Term Promissory Note is a restatement, of and supercedes in its entirety, the Construction and Term Promissory Note dated November 18, 2005, for the purpose of evidencing the continuance of the outstanding principal balance thereunder and shall constitute the C/T Note ("C/T Note") referred to in the Credit Agreement, and any holder hereof is entitled to all of the rights, remedies, benefits and privileges provided for in the Credit Agreement as originally executed or as it may from time to time be supplemented, modified or amended. Upon the occurrence of the Third Amendment Effective Date, as defined in the Third Amendment to Credit Agreement, and the execution and delivery of this Amended and Restated Term Promissory Note, the Construction and Term Promissory Note dated November 18, 2005, shall be void and of no further force or effect. The Credit Agreement, among other things, contains provisions for acceleration of the maturity hereof upon the happening of certain stated events upon the terms and conditions therein specified. 2. The outstanding principal indebtedness evidenced by this C/T Note shall be payable as provided in the Credit Agreement and in any event on the Maturity Date as defined and described in the Credit Agreement. 3. Interest shall be payable on the outstanding daily unpaid principal amount of the C/T Loan commencing as of the Third Amendment Effective Date and continuing until payment in full and shall accrue and be payable at the rates and on the dates set forth in the Credit Agreement both before and after Default and before and after maturity and judgment, with interest on overdue interest at the Default Rate, to the fullest extent permitted by applicable law. 4. The amount of each payment hereunder shall be made to the Agent Bank at the Agent Bank's office as specified in the Credit Agreement for the account of the Lenders at the time or times set forth therein, in lawful money of the United States of America and in immediately available funds.

Incorporation of Credit Agreement. 1. Reference is made to the Amended and Restated Credit Agreement dated as of November 18August 15, 20052000, as amended by First Amendment to Amended and Restated Credit Agreement dated as of June 28July 30, 20062001 (as may be further amended, by Second Amendment modified, extended, renewed or restated from time to Credit Agreement dated as of February 28time, 2007, and by Third Amendment to Credit Agreement dated concurrently herewith (the "Credit Agreement"), executed by and among the Borrower, Borrowers and the Lenders and Swingline Lender therein named, and Xxxxx Fargo Bank, National Association Association, as administrative and collateral agent for itself and for the Lenders (the "AgentAgent Bank"). Terms defined in the Credit Agreement and not otherwise defined herein are used herein with the meanings defined for those terms in the Credit Agreement. This is a restatement of the Amended and Restated Term Revolving Credit Promissory Note is a restatement(the "Prior Note") dated August 15, of and supercedes in its entirety, the Construction and Term Promissory Note dated November 18, 20052000, for the purpose of evidencing the continuance an increase of the outstanding principal balance thereunder Aggregate Commitment from Sixty Million Dollars ($60,000,000.00) to Sixty-Seven Million Five Hundred Thousand Dollars ($67,500,000.00) as of the First Amendment Effective Date and, subject to the occurrence of the Second Increase Effective Date, for the purpose of evidencing an additional increase of the Aggregate Commitment from Sixty-Seven Million Five Hundred Thousand Dollars ($67,500,000.00) to Seventy-Five Million Dollars ($75,000,000.00) and shall constitute the C/T Revolving Credit Note (Second Restated) ("C/T Revolving Credit Note") referred to in the Credit Agreement, and any holder hereof (in accordance with the Credit Agreement) is entitled to all of the rights, remedies, benefits and privileges provided for in the Credit Agreement as originally executed or as it may from time to time be supplemented, modified or amended. Upon the occurrence of the Third Amendment Effective Date, as defined in the Third Amendment to Credit Agreement, and the execution and delivery of this Amended and Restated Term Promissory Note, the Construction and Term Promissory Note dated November 18, 2005, shall be void and of no further force or effect. The Credit Agreement, among other things, contains provisions for acceleration of the maturity hereof upon the happening of certain stated events upon the terms and conditions therein specified. 2. The outstanding principal indebtedness evidenced by this C/T Revolving Credit Note shall be payable as provided in the Credit Agreement and in any event on August 15, 2005, the Maturity Date as defined and described in the Credit AgreementDate. 3. Interest shall be payable on the outstanding daily unpaid principal amount of each Borrowing hereunder from the C/T Loan commencing as of the Third Amendment Effective Date and continuing date thereof until payment in full and shall accrue and be payable at the rates and on the dates set forth in the Credit Agreement both before and after Default and before and after maturity and judgment, with interest on overdue interest to bear interest at the Default Rate, to the fullest extent permitted by applicable law. 4. The amount of each payment hereunder shall be made to the Agent Bank at the Agent Bank's office as specified in the Credit Agreement for the account of the Lenders at the time or times set forth therein, in lawful money of the United States of America and in immediately available funds. 5. Borrowings hereunder shall be made in accordance with the terms, provisions and procedures set forth in the Credit Agreement.

Incorporation of Credit Agreement. 1. Reference is made to the Credit Agreement dated as of November 18, 2005, as amended by First Amendment to Credit Agreement dated as of June 28, 2006, by Second Amendment to Credit Agreement dated as of February 28, 2007, Amended and by Third Amendment to Restated Credit Agreement dated concurrently herewith (as may be further amended, modified, extended, renewed or restated from time to time, the "Credit Agreement"), executed by and among the BorrowerBorrowers and the Lenders, the Lenders Swingline Lender and L/C Issuer therein named, and Xxxxx Fargo Bank, National Association Association, as administrative and collateral agent for itself and for the Lenders (the "AgentAgent Bank"). Terms defined in the Credit Agreement and not otherwise defined herein are used herein with the meanings defined for those terms in the Credit Agreement. This Amended and Restated Term is a restatement of the Revolving Credit Promissory Note is a restatement(Third Restated) (the "Prior Note") dated April 1, of and supercedes in its entirety, the Construction and Term Promissory Note dated November 18, 20052002, for the purpose of evidencing the continuance an increase of the outstanding principal balance thereunder Aggregate Commitment from Eighty-Five Million Dollars ($85,000,000.00) to One Hundred Million Dollars ($100,000,000.00) and shall constitute the C/T Amended and Restated Revolving Credit Note ("C/T Revolving Credit Note") referred to in the Credit Agreement, and any holder hereof (in accordance with the Credit Agreement) is entitled to all of the rights, remedies, benefits and privileges provided for in the Credit Agreement as originally executed or as it may from time to time be supplemented, modified or amended. Upon the occurrence of the Third Amendment Effective Date, as defined in the Third Amendment to Credit Agreement, and the execution and delivery of this Amended and Restated Term Promissory Note, the Construction and Term Promissory Note dated November 18, 2005, shall be void and of no further force or effect. The Credit Agreement, among other things, contains provisions for acceleration of the maturity hereof upon the happening of certain stated events upon the terms and conditions therein specified. 2. The outstanding principal indebtedness evidenced by this C/T Revolving Credit Note shall be payable as provided in the Credit Agreement and in any event on August 15, 2005, the Maturity Date as defined and described in the Credit AgreementDate. 3. Interest shall be payable on the outstanding daily unpaid principal amount of each Borrowing hereunder from the C/T Loan commencing as of the Third Amendment Effective Date and continuing date thereof until payment in full and shall accrue and be payable at the rates and on the dates set forth in the Credit Agreement both before and after Default and before and after maturity and judgment, with interest on overdue interest to bear interest at the Default Rate, to the fullest extent permitted by applicable law. 4. The amount of each payment hereunder shall be made to the Agent Bank at the Agent Bank's office as specified in the Credit Agreement for the account of the Lenders at the time or times set forth therein, in lawful money of the United States of America and in immediately available funds. 5. Borrowings hereunder shall be made in accordance with the terms, provisions and procedures set forth in the Credit Agreement.

Incorporation of Credit Agreement. 1. Reference is made to the Fifth Amended and Restated Credit Agreement dated as of November 18September 22, 20052006, as amended by First Amendment to Credit Agreement dated as of June 28, 2006, by Second Amendment to Credit Agreement dated as of February 28, 2007, Fifth Amended and by Third Amendment to Restated Credit Agreement dated concurrently herewith (as may be further amended, modified, extended, renewed or restated from time to time, collectively, the "“Credit Agreement"”), executed by and among the BorrowerBorrowers and the Lenders, the Lenders Swingline Lender and L/C Issuer therein named, and Xxxxx Fargo Bank, National Association Association, as administrative and collateral agent for itself and for the Lenders (the "Agent"“Agent Bank”). Terms defined in the Credit Agreement and not otherwise defined herein are used herein with the meanings defined for those terms in the Credit Agreement. This Amended and Restated Term Promissory Note is Revolving Credit Note, together with each of the Replacement Notes issued pursuant to Section 2.05(i) of the Credit Agreement, are a restatementrestatement of the Revolving Credit Notes dated September 22, of and supercedes in its entirety, the Construction and Term Promissory Note dated November 18, 20052006, for the purpose of evidencing the continuance an increase of the outstanding principal balance thereunder Aggregate Commitment from One Hundred Five Million Dollars ($105,000,000.00) to One Hundred Fifty-Five Million Dollars ($155,000,000.00) and shall constitute the C/T Revolving Credit Note ("C/T “Revolving Credit Note"”) referred to in the Credit Agreement, and any holder hereof (in accordance with the Credit Agreement) is entitled to all of the rights, remedies, benefits and privileges provided for in the Credit Agreement as originally executed or as it may from time to time be supplemented, modified or amended. Upon the occurrence of the Third Amendment Effective Date, as defined in the Third Amendment to Credit Agreement, and the execution and delivery of this Amended and Restated Term Promissory Note, the Construction and Term Promissory Note dated November 18, 2005, shall be void and of no further force or effect. The Credit Agreement, among other things, contains provisions for acceleration of the maturity hereof upon the happening of certain stated events upon the terms and conditions therein specified. 2. The outstanding principal indebtedness evidenced by this C/T Revolving Credit Note shall be payable as provided in the Credit Agreement and in any event on September 27, 2011, the Maturity Date as defined and described in the Credit AgreementDate. 3. Interest shall be payable on the outstanding daily unpaid principal amount of each Borrowing hereunder from the C/T Loan commencing as of the Third Amendment Effective Date and continuing date thereof until payment in full and shall accrue and be payable at the rates and on the dates set forth in the Credit Agreement both before and after Default and before and after maturity and judgment, with interest on overdue interest to bear interest at the Default Rate, to the fullest extent permitted by applicable law. 4. The amount of each payment hereunder shall be made to the Agent Bank at the Agent Bank's ’s office as specified in the Credit Agreement for the account of the Lenders at the time or times set forth therein, in lawful money of the United States of America and in immediately available funds. 5. Borrowings hereunder shall be made in accordance with the terms, provisions and procedures set forth in the Credit Agreement.

Incorporation of Credit Agreement. 1. Reference is made to the Credit Agreement dated as of November 18, 2005, as amended by First Amendment to Credit Agreement dated as of June 28, 2006, by Second Amendment to Credit Agreement dated as of February 28, 2007, Amended and by Third Amendment to Restated Credit Agreement dated concurrently herewith (the "“Credit Agreement"”), executed by and among the Borrower, Guarantor and the Lenders Banks therein named, and Xxxxx Fargo Bank, National Association Association, as administrative and collateral agent for itself and for the Lenders Banks (the "Agent"“Agent Bank”). Terms defined in the Credit Agreement and not otherwise defined herein are used herein with the meanings defined for those terms in the Credit Agreement. This Amended and Restated Term Promissory Note is a restatementRevolving Credit Note, of and supercedes in its entirety, the Construction and Term Promissory Note dated November 18, 2005, for the purpose of evidencing the continuance together with each of the outstanding principal balance thereunder and shall Replacement Notes issued pursuant to Section 2.05(i) of the Credit Agreement, constitute the C/T Revolving Credit Note ("C/T “Revolving Credit Note"”) referred to in the Credit Agreement, and any holder hereof is entitled to all of the rights, remedies, benefits and privileges provided for in the Credit Agreement as originally executed or as it may from time to time be supplemented, modified or amended. Upon the occurrence of the Third Amendment Effective Date, as defined in the Third Amendment to Credit Agreement, and the execution and delivery of this Amended and Restated Term Promissory Note, the Construction and Term Promissory Note dated November 18, 2005, shall be void and of no further force or effect. The Credit Agreement, among other things, contains provisions for acceleration of the maturity hereof upon the happening of certain stated events upon the terms and conditions therein specified. 2. The outstanding principal indebtedness evidenced by this C/T Revolving Credit Note shall be payable as provided in the Credit Agreement and in any event on January 20, 2012, the Maturity Date as defined Date. This Revolving Credit Note is a full amendment and described restatement of that certain Revolving Credit Note dated February 20, 2004 (the “Existing Note”) executed by Borrower, payable to the order of Agent Bank, in the Credit Agreementprincipal amount of Fifty Million Dollars ($50,000,000.00). All amounts outstanding under the Existing Note on the Restatement Effective Date hereof shall be deemed outstandings hereunder. 3. Interest shall be payable on the outstanding daily unpaid principal amount of each Borrowing hereunder from the C/T Loan commencing as of the Third Amendment Effective Date and continuing date thereof until payment in full and shall accrue and be payable at the rates and on the dates set forth in the Credit Agreement both before and after Default and before and after maturity and judgment, with interest on overdue interest to bear interest at the Default Rate, to the fullest extent permitted by applicable law. 4. The amount of each payment hereunder shall be made to the Agent Bank at the Agent Bank's ’s office as specified in the Credit Agreement for the account of the Lenders at the time or times set forth therein, in lawful money of the United States of America and in immediately available funds. 5. Borrowings hereunder shall be made in accordance with the terms, provisions and procedures set forth in the Credit Agreement.

Incorporation of Credit Agreement. 1. Reference is made to the Amended and Restated Credit Agreement dated as of November 18August 15, 20052000, as amended by First Amendment to Amended and Restated Credit Agreement dated as of June 28July 30, 20062001, as further amended by Second Amendment to Amended and Restated Credit Agreement dated as of February 28October 16, 20072001 (as may be further amended, and by Third Amendment modified, extended, renewed or restated from time to Credit Agreement dated concurrently herewith (time, the "Credit Agreement"), executed by and among the Borrower, Borrowers and the Lenders and Swingline Lender therein named, and Xxxxx Fargo Bank, National Association Association, as administrative and collateral agent for itself and for the Lenders (the "AgentAgent Bank"). Terms defined in the Credit Agreement and not otherwise defined herein are used herein with the meanings defined for those terms in the Credit Agreement. This Amended and Restated Term is a restatement of the Revolving Credit Promissory Note is a restatement(Second Restated) (the "Prior Note") dated July 30, of and supercedes in its entirety, the Construction and Term Promissory Note dated November 18, 20052001, for the purpose of evidencing the continuance an increase of the outstanding principal balance thereunder Aggregate Commitment from Seventy-Five Million Dollars ($75,000,000.00) to Eighty-Five Million Dollars ($85,000,000.00) and shall constitute the C/T Revolving Credit Note (Third Restated) ("C/T Revolving Credit Note") referred to in the Credit Agreement, and any holder hereof (in accordance with the Credit Agreement) is entitled to all of the rights, remedies, benefits and privileges provided for in the Credit Agreement as originally executed or as it may from time to time be supplemented, modified or amended. Upon the occurrence of the Third Amendment Effective Date, as defined in the Third Amendment to Credit Agreement, and the execution and delivery of this Amended and Restated Term Promissory Note, the Construction and Term Promissory Note dated November 18, 2005, shall be void and of no further force or effect. The Credit Agreement, among other things, contains provisions for acceleration of the maturity hereof upon the happening of certain stated events upon the terms and conditions therein specified. 2. The outstanding principal indebtedness evidenced by this C/T Revolving Credit Note shall be payable as provided in the Credit Agreement and in any event on August 15, 2005, the Maturity Date as defined and described in the Credit AgreementDate. 3. Interest shall be payable on the outstanding daily unpaid principal amount of each Borrowing hereunder from the C/T Loan commencing as of the Third Amendment Effective Date and continuing date thereof until payment in full and shall accrue and be payable at the rates and on the dates set forth in the Credit Agreement both before and after Default and before and after maturity and judgment, with interest on overdue interest to bear interest at the Default Rate, to the fullest extent permitted by applicable law. 4. The amount of each payment hereunder shall be made to the Agent Bank at the Agent Bank's office as specified in the Credit Agreement for the account of the Lenders at the time or times set forth therein, in lawful money of the United States of America and in immediately available funds. 5. Borrowings hereunder shall be made in accordance with the terms, provisions and procedures set forth in the Credit Agreement.

Incorporation of Credit Agreement. 1. Reference is made to the Fourth Amended and Restated Credit Agreement dated as of November 18December 27, 2005, as amended by First Amendment to Fourth Amended and Restated Credit Agreement dated as of June 28March 23, 2006, 2006 and by Second Amendment to Credit Agreement dated as of February 28, 2007, Fourth Amended and by Third Amendment to Restated Credit Agreement dated concurrently herewith (as may be further amended, modified, extended, renewed or restated from time to time, collectively, the "“Credit Agreement"”), executed by and among the BorrowerBorrowers and the Lenders, the Lenders Swingline Lender and L/C Issuer therein named, and Xxxxx Fargo Bank, National Association Association, as administrative and collateral agent for itself and for the Lenders (the "Agent"“Agent Bank”). Terms defined in the Credit Agreement and not otherwise defined herein are used herein with the meanings defined for those terms in the Credit Agreement. This Amended and Restated Term Revolving Credit Promissory Note is a restatement, restatement of and supercedes in its entirety, the Construction and Term Revolving Credit Promissory Note dated November 18December 27, 2005, for the purpose of evidencing the continuance an increase of the outstanding principal balance thereunder Aggregate Commitment from Eighty-Five Million Dollars ($85,000,000.00) to One Hundred Five Million Dollars ($105,000,000.00) and shall constitute the C/T Revolving Credit Note ("C/T “Revolving Credit Note"”) referred to in the Credit Agreement, and any holder hereof (in accordance with the Credit Agreement) is entitled to all of the rights, remedies, benefits and privileges provided for in the Credit Agreement as originally executed or as it may from time to time be supplemented, modified or amended. Upon the occurrence of the Third Amendment Effective Date, as defined in the Third Amendment to Credit Agreement, and the execution and delivery of this Amended and Restated Term Promissory Note, the Construction and Term Promissory Note dated November 18, 2005, shall be void and of no further force or effect. The Credit Agreement, among other things, contains provisions for acceleration of the maturity hereof upon the happening of certain stated events upon the terms and conditions therein specified. 2. The outstanding principal indebtedness evidenced by this C/T Revolving Credit Note shall be payable as provided in the Credit Agreement and in any event on April 1, 2008, the Maturity Date as defined and described in the Credit AgreementDate. 3. Interest shall be payable on the outstanding daily unpaid principal amount of each Borrowing hereunder from the C/T Loan commencing as of the Third Amendment Effective Date and continuing date thereof until payment in full and shall accrue and be payable at the rates and on the dates set forth in the Credit Agreement both before and after Default and before and after maturity and judgment, with interest on overdue interest to bear interest at the Default Rate, to the fullest extent permitted by applicable law. 4. The amount of each payment hereunder shall be made to the Agent Bank at the Agent Bank's ’s office as specified in the Credit Agreement for the account of the Lenders at the time or times set forth therein, in lawful money of the United States of America and in immediately available funds. 5. Borrowings hereunder shall be made in accordance with the terms, provisions and procedures set forth in the Credit Agreement.

Incorporation of Credit Agreement. 1. Reference is made to the Credit Agreement dated as of November 18September 30, 20051999, as amended by that certain letter agreement dated September 27, 2000, and as further amended by First Amendment to Credit Agreement dated as of June 28, 2006, by Second Amendment to Credit Agreement dated as of February 28, 2007, and by Third Amendment to Credit Agreement dated concurrently herewith (collectively the "Credit Agreement"), executed by and among the Borrower, the Lenders therein named, Borrowers and Xxxxx Fargo Bank, National Association as administrative and collateral agent for the Lenders (the "Agent")Lender. Terms defined in the Credit Agreement and not otherwise defined herein are used herein with the meanings defined for those terms in the Credit Agreement. This Amended and Restated Term Promissory Note is a restatement, restatement of and supercedes in its entirety, the Construction and Term Promissory Revolving Credit Note dated November 18September 30, 20051999, for the purpose of evidencing the continuance an increase of the outstanding principal balance thereunder Aggregate Commitment from Ten Million Dollars ($10,000,000.00) to Fifteen Million Dollars ($15,000,000.00) and shall constitute the C/T Revolving Credit Note ("C/T Revolving Credit Note") referred to in the Credit Agreement, and any holder hereof is entitled to all of the rights, remedies, benefits and privileges provided for in the Credit Agreement as originally executed or as it may from time to time be supplemented, modified or amended. Upon All amounts outstanding under the occurrence Revolving Credit Note (which as of the Third Amendment Effective Datedate hereof are zero ($0.00)) dated September 30, as defined in the Third Amendment to Credit Agreement, and the execution and delivery of this Amended and Restated Term Promissory Note, the Construction and Term Promissory Note dated November 18, 20051999, shall be void constitute amounts owing and of no further force or effectoutstanding hereunder. The Credit Agreement, among other things, contains provisions for acceleration of the maturity hereof upon the happening of certain stated events upon the terms and conditions therein specified. 2. The outstanding principal indebtedness evidenced by this C/T Revolving Credit Note shall be payable as provided in the Credit Agreement and shall be paid in any event full on the Maturity Date as defined and described in the Credit AgreementDate. 3. Interest shall be payable on the outstanding daily unpaid principal amount of each Borrowing hereunder from the C/T Loan commencing as of the Third Amendment Effective Date and continuing date thereof until payment in full and shall accrue and be payable at the rates and on the dates set forth in the Credit Agreement both before and after Default and before and after maturity and judgment, with interest on overdue interest to bear interest at the Default Rate, to the fullest extent permitted by applicable law. 4. The amount of each payment hereunder shall be made to the Agent Bank Lender at the Agent BankLender's office as specified in the Credit Agreement for the account of the Lenders at the time or times set forth therein, in lawful money of the United States of America and in immediately available funds. 5. Borrowings hereunder shall be made in accordance with the terms, provisions and procedures set forth in the Credit Agreement.