Common use of Limitation on Revolving Loan Advances Clause in Contracts

Limitation on Revolving Loan Advances. No Revolving Loan Advance will be made which would result in the sum of the Aggregate Revolving Loan, Swingline Loan Exposure, and the Letter of Credit Exposure on any Advance Date (except to the extent that a Revolving Loan Advance will be used immediately to reimburse Letter of Credit Issuer for unreimbursed draws on a Letter of Credit) exceeding the Aggregate Revolving Loan Commitment, and no Revolving Loan Advance will be made on or after the Revolving Loan Maturity Date. Lenders may, however, in their absolute discretion make such Revolving Loan Advances, but shall not be deemed by doing so to have increased the Maximum Available Amount and shall not be obligated to make any such Revolving Loan Advances thereafter. At any time that there is an Existing Default, the Aggregate Revolving Loan Commitment may be canceled as provided in Section 17.3. The Maximum Available Amount on any date shall be a Dollar amount equal to the Aggregate Revolving Loan Commitment, minus (a) the amount outstanding under the Aggregate Revolving Loan on such date, (b) the Letter of Credit Exposure on such date (except to the extent that a Revolving Loan Advance will be used immediately to reimburse Letter of Credit Issuer for unreimbursed draws on a Letter of Credit), and (c) the Swingline Loan Exposure.

Limitation on Revolving Loan Advances. No Revolving Loan Advance will be made which would result in the sum of the Aggregate Revolving Loan, Swingline Loan Exposure, and the Letter of Credit Exposure on any Advance Date (except to the extent that a Revolving Loan Advance will be used immediately to reimburse Letter of Credit Issuer for unreimbursed draws on a Letter of Credit) exceeding the Aggregate Revolving Loan Commitment, exceeding the Maximum Available Amount and no Revolving Loan Advance will be made on or after the Revolving Loan Maturity Date. Lenders may, however, in their absolute discretion make such Revolving Loan Advances, but shall not be deemed by doing so to have increased the Maximum Available Amount and shall not be obligated to make any such Revolving Loan Advances thereafter. At any time that there is an Existing Default, the Aggregate Revolving Loan Commitment may be canceled as provided in Section 17.315.3. The Maximum Available Amount on any date shall be a Dollar amount equal to (i) the Aggregate Revolving Loan Commitment, minus (aii) the amount outstanding under the Aggregate Revolving Loan on such date, sum of (ba) the Letter of Credit Exposure on such date (except to the extent that a Revolving Loan Advance will be used immediately to reimburse Letter of Credit Issuer (or UMB with respect to the UMB LCs) for unreimbursed draws on a Letter of Credit), (b) the Swingline Loan, and (c) the Swingline Loan ExposureExisting Reimbursement Obligations owing to Commerce Bank, N.A. as set forth on Exhibit 12.11.3 attached hereto as such Exhibit is revised from time to time as required herein.

Limitation on Revolving Loan Advances. No Revolving Loan Advance will be made which would result in the sum of the Aggregate Revolving Loan, Swingline Loan Exposure, and the Letter of Credit Exposure on any Advance Date either: (except to the extent that a Revolving Loan Advance will be used immediately to reimburse Letter of Credit Issuer for unreimbursed draws on a Letter of Crediti) exceeding the Aggregate Revolving Loan Commitment, and no exceeding the Maximum Available Amount; or (ii) the Lenders’ Exposure exceeding the Total Aggregate Facility Limit. No Revolving Loan Advance will be made on or after the Revolving Loan Maturity Date. Lenders may, however, in their absolute discretion make such Revolving Loan Advances, but shall not be deemed by doing so to have increased the Maximum Available Amount or the Total Aggregate Facility Limit and shall not be obligated to make any such Revolving Loan Advances thereafter. At any time that there is an Existing Default, the Aggregate Revolving Loan Commitment may be canceled as provided in Section 17.316.3. The “Maximum Available Amount Amount” (which can be a negative number) on any date shall be a Dollar amount equal to (i) the lesser of (A) the amount of the Aggregate Revolving Loan CommitmentCommitment and (B) the Borrowing Base on such date, minus (ii) the sum of (a) the amount outstanding under the Aggregate Revolving Loan on such dateSwingline Loan, (b) the Floorplan Shortfall, (c) the Letter of Credit Exposure on such date (except to the extent that a Revolving Loan Advance will be used immediately to reimburse Letter of Credit Issuer for unreimbursed draws on a Letter of Credit), (d) without duplication, the outstanding Aggregate Revolving Loans, (e) the amount of the Other Creditor Indebtedness (unless an Intercreditor Agreement in form and substance satisfactory to Administrative Agent has been executed between Administrative Agent and the holder of such Other Creditor Indebtedness), and (cf) the Swingline Loan Exposureamount of Bid Bonds.

Limitation on Revolving Loan Advances. No Revolving Loan Advance will be made which would result in the sum of the Aggregate Revolving Loan, Swingline Loan Exposure, and the Letter of Credit Exposure on any Advance Date either: (except to the extent that a Revolving Loan Advance will be used immediately to reimburse Letter of Credit Issuer for unreimbursed draws on a Letter of Crediti) exceeding the Aggregate Revolving Loan Commitment, and no exceeding the Maximum Available Amount; or (ii) the Lenders' Exposure exceeding the Total Aggregate Facility Limit. No Revolving Loan Advance will be made on or after the effective date of any termination of the Aggregate Revolving Loan Maturity DateFacility. Lenders may, however, in their absolute discretion make such Revolving Loan Advances, but shall not be deemed by doing so to have increased the Maximum Available Amount or the Total Aggregate Facility Limit and shall not be obligated to make any such Revolving Loan Advances thereafter. At any time that there an Event of Default has occurred and is an Existing Defaultcontinuing, the Aggregate Revolving Loan Commitment Facility may be canceled as provided in Section 17.3herein. The "Maximum Available Amount Amount" (which can be a negative number) on any date shall be a Dollar amount equal to the lesser of (i) the amount of the Aggregate Revolving Loan CommitmentFacility and (ii) the Borrowing Base on such date, minus the sum of (a) the amount outstanding under the Aggregate Revolving Loan on such dateSwingline Loan, (b) the Floorplan Shortfall, (c) the Other Creditor Indebtedness (unless an Intercreditor Agreement has been executed between Administrative Agent and the holders of such Other Creditor Indebtedness),and (d) the Letter of Credit Exposure on such date (except to the extent that a Revolving Loan Advance will be used immediately to reimburse Letter of Credit Issuer for unreimbursed draws on a Letter of Credit), and (c) the Swingline Loan Exposure.

Limitation on Revolving Loan Advances. No Revolving Loan Advance will be made which would result in the sum Outstanding Amount of the Aggregate Revolving Loan, Swingline Loan Exposure, and the Letter of Credit Exposure on any Advance Date (except to the extent that a Revolving Loan Advance will be used immediately to reimburse Letter of Credit Issuer for unreimbursed draws on a Letter of Credit) exceeding the Aggregate Revolving Loan Commitment, Maximum Available Amount and no Revolving Loan Advance will be made on or after the Revolving Loan Maturity Date. Lenders may, however, in their absolute discretion make such Revolving Loan Advances, but shall not be deemed by doing so to have increased the Maximum Available Amount and shall not be obligated to make any such Revolving Loan Advances thereafter. At any time that there is an Existing Default, the Aggregate Revolving Loan Commitment may be canceled as provided in Section 17.316.2. The Maximum Available Amount on any date shall be a Dollar amount equal to (i) the amount of the Aggregate Revolving Loan Commitment, minus (ii) (a) the amount outstanding under the Aggregate Revolving Loan on such date, (b) Outstanding Amount of the Letter of Credit Exposure on such date (except to the extent that a such Revolving Loan Advance will be used immediately to reimburse Letter of Credit Issuer for unreimbursed draws on a Letter of Credit), ) and (cb) the Outstanding Amount of the Swingline Loan Exposure(except to the extent that such Revolving Loan Advance will be used immediately to repay the Swingline Lender for a Swingline Loan).

Limitation on Revolving Loan Advances. No Revolving Loan Advance will be made which would result in the sum of the Aggregate Revolving Loan, Swingline Loan Exposure, and the Letter of Credit Exposure on any Advance Date either: (except to the extent that a Revolving Loan Advance will be used immediately to reimburse Letter of Credit Issuer for unreimbursed draws on a Letter of Crediti) exceeding the Aggregate Revolving Loan Commitment, and no exceeding the Maximum Available Amount; or (ii) the Lenders' Exposure exceeding the Total Aggregate Facility Limit. No Revolving Loan Advance will be made on or after the Revolving Loan Maturity Date. Lenders may, however, in their absolute discretion make such Revolving Loan Advances, but shall not be deemed by doing so to have increased the Maximum Available Amount or the Total Aggregate Facility Limit and shall not be obligated to make any such Revolving Loan Advances thereafter. At any time that there is an Existing Default, the Aggregate Revolving Loan Commitment may be canceled as provided in Section 17.316.3. The "Maximum Available Amount Amount" (which can be a negative number) on any date shall be a Dollar amount equal to (i) the lesser of (A) the amount of the Aggregate Revolving Loan CommitmentCommitment and (B) the Borrowing Base on such date, minus (ii) the sum ----- of (a) the amount outstanding under the Aggregate Revolving Loan on such dateSwingline Loan, and (b) the Floorplan Shortfall, and (c) the Letter of Credit Exposure on such date (except to the extent that a Revolving Loan Advance will be used immediately to reimburse Letter of Credit Issuer for unreimbursed draws on a Letter of Credit), and (c) the Swingline Loan Exposure.