Common use of Lenders Not Permitted or Required Clause in Contracts

Lenders Not Permitted or Required. To Make Loans or Issue or Participate in Letters of Credit Under Certain Circumstances. No Lender shall be permitted or required to (a) make any Loan if, after giving effect thereto, an amount equal to the Dollar Amount of the aggregate outstanding principal amount of all Revolving Loans (i) of all Lenders, together with the Dollar Amount of all outstanding Swing Loans and the Dollar Amount of all Letter of Credit Outstandings, would exceed the Commitment Amount, or (ii) of such Lender, together with the Dollar Amount of its Percentage of the Dollar Amount of the principal amount of all Swing Loans and the Dollar Amount of its Percentage of all Letter of Credit Outstandings, would exceed such Lender's Percentage of the Commitment Amount; or (b) issue (in the case of the Issuer), extend or participate in (in the case of each Lender) any Letter of Credit if, after giving effect thereto (i) the Dollar Amount of all Letter of Credit Outstandings together with an aggregate amount equal to the Dollar Amount of the aggregate outstanding principal amount of all Loans would exceed the Commitment Amount, or (ii) the Dollar Amount of such Lender's Percentage of all Letter of Credit Outstandings together with an aggregate amount equal to the Dollar Amount of the aggregate outstanding principal amount of all Revolving Loans of such Lender and such Lender's Percentage of the Dollar Amount of the aggregate principal amount of all Swing Loans would exceed such Lender's Percentage of the Commitment Amount. For the purposes of this Section 2.1.3, the Dollar Amount of any Loans not denominated in Dollars shall be determined as of the most recent Determination Date for each such Loan.

Lenders Not Permitted or Required. To Make Loans or Issue or ----------------------------------------------------------- Participate in Letters of Credit Under Certain Circumstances. No Lender shall ------------------------------------------------------------ be permitted or required to to (a) continue any Original Loan as a Loan hereunder or to make any Revolving Loan if, after giving effect thereto, an amount equal to the Dollar Amount of thereto (i) the aggregate outstanding principal amount of all Revolving Loans (i) Loans of all Lenders, together with the Dollar Amount of all outstanding Swing Loans and the Dollar Amount of all Letter of Credit Outstandings, would exceed the Commitment Amount, or or (ii) the aggregate outstanding principal amount of all Loans of such Lender, together with the Dollar Amount of its Percentage of the Dollar Amount of the principal amount of all Swing Loans and the Dollar Amount of its Percentage of all Letter of Credit Outstandings, would exceed such Lender's Percentage of the Commitment Amount; or , or (b) make any Reducing Loan if, after giving effect thereto, the aggregate outstanding principal amount of all Reducing Loans, together with all Letter of Credit Outstandings, (i) of all Lenders would exceed the Reducing Loan Commitment Amount, or (ii) of such Lender would exceed such Lender's Percentage of the Reducing Loan Commitment Amount, or (c) issue (in the case of the any Issuer), extend ) or participate in (in the case of each Lender) any Letter of Credit if, after giving effect thereto thereto (i) the Dollar Amount of all Letter of Credit Outstandings together with an aggregate amount equal to the Dollar Amount of the aggregate outstanding principal amount of all Loans of all Lenders would exceed the Commitment Amount, or or (ii) the Dollar Amount of such Lender's Percentage of all Letter of Credit Outstandings together with an aggregate amount equal to the Dollar Amount of the aggregate outstanding principal amount of all Revolving Loans of such Lender and such Lender's Percentage of the Dollar Amount of the aggregate principal amount of all Swing Loans would exceed such Lender's Percentage of the Commitment Amount. For the purposes of this Section 2.1.3, the Dollar Amount of any Loans not denominated in Dollars shall be determined as of the most recent Determination Date for each such Loan.

Lenders Not Permitted or Required. To Make Loans or Issue or Participate in Letters of Credit Under Certain Circumstances. No Lender shall be permitted or required to to (aA) continue any Original Loan as a Loan hereunder or to make any Revolving Loan if, after giving effect thereto, an amount equal to the Dollar Amount of thereto (i) (a) the aggregate outstanding principal amount of all Revolving Loans (i) Loans of all Lenders, together with the Dollar Amount of all outstanding Swing Loans and the Dollar Amount of plus all Letter of Credit Outstandings, Outstandings would exceed the Revolving Period Commitment Amount, or Amount or (b) the Senior Debt would exceed the Borrowing Base then in effect or (ii) the aggregate outstanding principal amount of all Loans of such Lender, together with the Dollar Amount of its Percentage of the Dollar Amount of the principal amount of all Swing Loans and the Dollar Amount of its Percentage of all Letter of Credit Outstandings, would exceed such Lender's Percentage of the Revolving Period Commitment Amount; or (bB) issue (in the case of the any Issuer), extend ) or participate in (in the case of each Lender) any Letter of Credit if, after giving effect theretothereto (i) (ia) the Dollar Amount of all Letter of Credit Outstandings together with an aggregate amount equal to the Dollar Amount of plus the aggregate outstanding principal amount of all Loans of all Lenders would exceed the Revolving Period Commitment Amount, or (b) the Senior Debt would exceed the Borrowing Base then in effect, or (c) all Letter of Credit Outstandings plus the aggregate Stated Amount of all Other Letters of Credit would exceed the Letter of Credit Sublimit or (ii) the Dollar Amount of such Lender's Percentage of all Letter of Credit Outstandings together with an aggregate amount equal to the Dollar Amount of the aggregate outstanding principal amount of all Revolving Loans of such Lender and such Lender's Percentage of the Dollar Amount of the aggregate principal amount of all Swing Loans would exceed such Lender's Percentage of the Revolving Period Commitment Amount. For the purposes of this Section 2.1.3, the Dollar Amount of any Loans not denominated in Dollars shall be determined as of the most recent Determination Date for each such Loan.; or

Lenders Not Permitted or Required. To Make Loans or Issue or Participate in Letters Letter of Credit Under Certain CircumstancesExtensions. No Lender shall be permitted or required torequired: (a) to make any an Initial Draw Term Loan if, after giving effect thereto, an amount equal to the Dollar Amount of the aggregate outstanding original principal amount of all Revolving Initial Draw Term Loans (i) of all Lenders, together with the Dollar Amount of all outstanding Swing Loans and the Dollar Amount of all Letter of Credit Outstandings, Term Lenders would exceed the Initial Draw Term Loan Commitment Amount, or (ii) of such Term Lender would exceed such Term Lender's Term Percentage of the Initial Draw Term Loan Commitment Amount; or (b) to make a Delayed Draw Term Loan if, after giving effect thereto, the aggregate original principal amount of all Delayed Draw Term Loans (i) of all Delayed Draw Term Lenders would exceed the Delayed Draw Term Loan Commitment Amount, or (ii) of such Delayed Draw Term Lender would exceed such Delayed Draw Term Lender, together with the Dollar Amount of its 's Term Percentage of the Dollar Amount of the principal amount of all Swing Loans and the Dollar Amount of its Percentage of all Letter of Credit Outstandings, would exceed such Lender's Percentage of the Delayed Draw Term Loan Commitment Amount; or (bc) issue (in the case of the Issuer), extend to make any Revolving Loan or to make or participate in (in the case of each Lender) any a Credit Extension relating to a Letter of Credit if, after giving effect thereto (i) the Dollar Amount of all Letter of Credit Outstandings together with an aggregate amount equal to the Dollar Amount of the aggregate outstanding principal amount of all Loans would exceed the Commitment Amount, or (ii) the Dollar Amount of such Lender's Percentage of all Letter of Credit Outstandings together with an aggregate amount equal to the Dollar Amount of the aggregate outstanding principal amount of all Revolving Loans and Letter of Credit Obligations (i) of all Revolver Lenders would exceed the Revolving Commitment Amount, or (ii) of such Revolver Lender and would exceed such Revolver Lender's Revolver Percentage of the Dollar Amount Revolving Commitment Amount; or (d) make any Credit Extension with respect to any Letter of Credit if (i) any order, judgment or decree of any governmental authority or arbitrator shall by its terms purport to enjoin or restrain the Letter of Credit Issuer from making such Credit Extension, or any law applicable to the Letter of Credit Issuer or any request or directive (whether or not having the force of law) from any Governmental Authority with jurisdiction over the Letter of Credit Issuer shall prohibit, or request that the Letter of Credit Issuer refrain from, the issuance of letters of credit generally or such Letter of Credit in particular or shall impose upon the Letter of Credit Issuer with respect to such Letter of Credit any restriction, reserve or capital requirement (for which the Letter of Credit Issuer is not otherwise compensated hereunder) not in effect on the date hereof, or shall impose upon the Letter of Credit Issuer any unreimbursed loss, cost or expense which was not applicable on the date hereof and which the Letter of Credit Issuer in good xxxxx xxxxx material to it; (ii) the expiry date of such requested Letter of Credit would occur more than twelve months after the date of issuance unless such Letter of Credit has been extended in accordance with its terms and the terms of this Agreement; (iii) the expiry date of such requested Letter of Credit would occur after the Letter of Credit Commitment Termination Date; (iv) the making of such Credit Extension would violate one or more policies of the aggregate principal amount Letter of all Swing Loans would exceed Credit Issuer; or (v) such Lender's Percentage Letter of the Commitment Amount. For the purposes of this Section 2.1.3, the Dollar Amount of any Loans not Credit is denominated in Dollars shall be determined as of the most recent Determination Date for each such Loana currency other than Dollars.

Lenders Not Permitted or Required. To Make Loans or Issue or Participate in Letters of Credit Under Certain Circumstances. No Lender or Issuer, as the case may be, shall be permitted or required to (a) make any its Term B Loan if, after giving effect thereto, (i) the aggregate outstanding principal amount of all Term B Loans of all Lenders would exceed the Term B Loan Commitment Amount, an or (ii) the outstanding principal amount equal to of the Dollar Amount Term B Loans of such Lender would exceed such Lender's Term Percentage of the Term B Loan Commitment Amount; (b) make any Revolving Loan if, after giving effect thereto, (i) the aggregate outstanding principal amount of all Revolving Loans (i) Loans of all Lenders, together with the Dollar Amount of all outstanding Swing Loans and the Dollar Amount of all Letter of Credit Outstandings, would exceed the Revolving Commitment Amount, or (ii) the aggregate outstanding principal amount of all Revolving Loans of such Lender, together with the Dollar Amount of its Percentage of the Dollar Amount of the principal amount of all Swing Loans and the Dollar Amount of its Revolving Percentage of all Letter of Credit Outstandings, would exceed such Lender's Revolving Percentage of the Revolving Commitment Amount; or (bc) issue (in the case of the an Issuer), extend ) or participate in (in the case of each Revolving Lender) any Letter of Credit prior to the Revolving Loan Commitment Termination Date, if, after giving effect thereto (i) the Dollar Amount of all Letter of Credit Outstandings together with an aggregate amount equal to the Dollar Amount of the aggregate outstanding principal amount of all Revolving Loans of all Lenders would exceed the Revolving Commitment Amount, (ii) in the case of the issuance of any Foreign Currency Letter of Credit, the Equivalent Amount of all Foreign Currency Letter of Credit Outstandings would exceed the Foreign Currency Letter of Credit Commitment Amount, or (iiiii) the Dollar Amount of such Lender's Revolving Percentage of all Letter of Credit Outstandings together with an aggregate amount equal to the Dollar Amount of the aggregate outstanding principal amount of all Revolving Loans of such Lender and such Lender's Percentage of the Dollar Amount of the aggregate principal amount of all Swing Loans would exceed such Lender's Revolving Percentage of the then Revolving Commitment Amount. For the purposes of this Section 2.1.3, the Dollar Amount of any Loans not denominated in Dollars shall be determined as of the most recent Determination Date for each such Loan.

Lenders Not Permitted or Required. To Make Loans or Issue or Participate in Letters of Credit Under Certain Circumstances. No Lender or Issuer, as the case may be, shall be permitted or required to (a) make any its Term B Loan if, after giving effect thereto, (i) the aggregate outstanding principal amount of all Term B Loans of all Lenders would exceed the Term B Loan Commitment Amount, an or (ii) the aggregate outstanding principal amount equal to of the Dollar Amount Term B Loans of such Lender would exceed such Lender's Term Percentage of the Term B Loan Commitment Amount; (b) make any Revolving Loan if, after giving effect thereto, (i) the aggregate outstanding principal amount of all Revolving Loans (i) Loans of all Lenders, together with the Dollar Amount of all outstanding Swing Loans and the Dollar Amount of all Letter of Credit Outstandings, would exceed the Revolving Commitment Amount, or (ii) the aggregate outstanding principal amount of all Revolving Loans of such Lender, together with the Dollar Amount of its Percentage of the Dollar Amount of the principal amount of all Swing Loans and the Dollar Amount of its Revolving Percentage of all Letter of Credit Outstandings, would exceed such Lender's Revolving Percentage of the Revolving Commitment Amount; or (bc) issue (in the case of the an Issuer), extend ) or participate in (in the case of each Revolving Lender) any Letter of Credit prior to the Revolving Loan Commitment Termination Date, if, after giving effect thereto (i) the Dollar Amount of all Letter of Credit Outstandings together with an aggregate amount equal to the Dollar Amount of the aggregate outstanding principal amount of all Revolving Loans of all Lenders would exceed the Revolving Commitment Amount, (ii) in the case of the issuance of any Foreign Currency Letter of Credit, the Equivalent Amount of all Foreign Currency Letter of Credit Outstandings would exceed the Foreign Currency Letter of Credit Commitment Amount, or (iiiii) the Dollar Amount of such Lender's Revolving Percentage of all Letter of Credit Outstandings together with an aggregate amount equal to the Dollar Amount of the aggregate outstanding principal amount of all Revolving Loans of such Lender and such Lender's Percentage of the Dollar Amount of the aggregate principal amount of all Swing Loans would exceed such Lender's Revolving Percentage of the Revolving Commitment Amount. For the purposes of this Section 2.1.3, the Dollar Amount of any Loans not denominated in Dollars shall be determined as of the most recent Determination Date for each such Loan.