Common use of Loan Commitments Clause in Contracts

Loan Commitments. Subject to the terms and conditions hereof, each Lender severally agrees to make, from time to time during the period from and including the Closing Date to but not including the earlier of (i) the Plant Completion Date and (ii) the second anniversary of the Closing Date, Term Loans to the Borrower in an aggregate amount up to but not exceeding such Lender’s Commitment. The Borrower may not borrow Term Loans on the Closing Date in an amount in excess of the Initial Equity Contribution. The Borrower may not borrow Term Loans on any Credit Date occurring prior to the Plant Encumbrance Date if such borrowing would cause (after giving effect to such borrowing) the aggregate principal amount of the Term Loans outstanding on such Credit Date to exceed the Initial Equity Contribution. The Borrower may not borrow Term Loans on any Credit Date until the date that the Aggregate Equity Contribution exceeds $24,300,000 (the “Equity Fulfillment Condition”) if such borrowing would cause (after giving effect to such borrowing) the aggregate principal amount of the Term Loans outstanding to exceed the Aggregate Equity Contribution. Upon and after the satisfaction of the Equity Fulfillment Condition, the Borrower may borrow the then remaining Commitments. Any amount borrowed under this Section 2.1(a) and subsequently repaid or prepaid may not be reborrowed. Subject to Sections 2.13, 2.14(a) and 2.15, all amounts owed hereunder shall be paid in full no later than the Maturity Date. On each Credit Date (including the Closing Date), each Lender’s Commitment shall be reduced immediately and without further action in the amount of the Term Loans made on such Credit Date. Each Lender’s Commitment to make additional Term Loans shall terminate immediately and without further action on the earlier of (i) the Plant Completion Date and (ii) the second anniversary of the Closing Date to the extent such Commitment is unused or not otherwise terminated prior to such date.

Loan Commitments. (i) Subject to the terms and conditions hereof, each Lender “Term Loan Lender” severally agrees to make, from time or be deemed to time during make pursuant to this Section 2.1(a)(i), on the period from Funding Date, a Term Loan to Borrower in Dollars in an amount equal to such Lender’s Term Loan Commitment. Subject to the terms and including the Closing Date to but not including the earlier of (i) the Plant Completion Date conditions hereof and (ii) the second anniversary of the Closing DateCashless Roll Letter, each Original Term Lender that has elected in a Lender New Commitment (as defined in the Cashless Roll Letter) to exchange all or a portion of the Original Term Loans held by such Original Term Lender under the APLP Credit Agreement for Term Loans hereunder agrees that the Original Term Loans held by such Original Term Lender under the APLP Credit Agreement in a principal amount equal to the amount specified in the Lender New Commitment executed by such Original Term Lender (such amount, for each such Original Term Lender, the “Rolled Amount”) shall become and constitute, and have all the rights and benefits of, Term Loans to as set forth in this Agreement and the Borrower other Credit Documents, in an aggregate amount up equal principal amount. The conversion of Original Term Loans of an Original Term Lender shall be deemed to but not exceeding satisfy, dollar for dollar, such Original Term Lender’s Commitment. The Borrower may not borrow Term Loans on the Closing Date Loan Commitment in an amount in excess of the Initial Equity Contribution. The Borrower may not borrow Term Loans on any Credit Date occurring prior equal to the Plant Encumbrance Date if Rolled Amount of such borrowing would cause (after giving effect to such borrowing) the aggregate principal amount of the Lender. Each Original Term Loans outstanding on such Credit Date to exceed the Initial Equity Contribution. The Borrower may not borrow Term Loans on any Credit Date until the date that the Aggregate Equity Contribution exceeds $24,300,000 (the “Equity Fulfillment Condition”) if such borrowing would cause (after giving effect to such borrowing) the aggregate principal amount of the Term Loans outstanding to exceed the Aggregate Equity Contribution. Upon and after the satisfaction of the Equity Fulfillment Condition, the Borrower may borrow the then remaining Commitments. Any amount borrowed under this Section 2.1(a) and subsequently repaid or prepaid may not be reborrowed. Subject to Sections 2.13, 2.14(a) and 2.15, all amounts owed hereunder shall be paid in full no later than the Maturity Date. On each Credit Date (including the Closing Date), each Lender’s Term Loan Commitment shall be reduced immediately and without further action in the amount of the Term Loans made on such Credit Date. Each Lender’s Commitment to make additional Term Loans shall terminate immediately and without further action on the earlier Funding Date after giving effect to the conversion of (i) such Lender’s Original Term Loan on the Plant Completion Date and (ii) the second anniversary of the Closing Date Funding Date; provided that, to the extent the Rolled Amount of Original Term Loans held by such Commitment is unused or Original Term Lender does not otherwise terminated prior fully satisfy such Original Term Lender’s Term Loan Commitment, such Original Term Lender shall in addition to such dateconversion make a Term Loan to Borrower on the Funding Date pursuant to this Section 2.1(a)(i) in an amount equal to such shortfall.

Loan Commitments. Subject to the terms and conditions hereof, : each Lender severally agrees to make, from make at any time to time during the period from and including after the Closing Date and prior to but the Multi Draw Commitment Termination Date one or more Multi Draw Term Loans to Company in an aggregate amount not to exceed (i) in the case of the initial draw, $500,000 plus any Lender Transaction Costs, (ii) in the case of the second draw, $500,000 plus any Lender Transaction Costs, (iii) in the case of each subsequent draw, the amount set forth in the Budget including any Permitted Variance plus any Lender Transaction Costs and (iv) in the earlier case of each draw, such Lender’s Multi Draw Term Loan Commitment immediately prior to giving effect to any such Multi Draw Term Loan. Company may make up to six (6) borrowings of the Multi Draw Term Loan Commitment, which borrowings may only occur during the Multi Draw Commitment Period; provided, that (i) the Plant Completion Date and initial borrowing shall occur on the first Business Day following the Closing Date, (ii) the second anniversary of the Closing Dateborrowing shall occur on or after April 1, Term Loans to the Borrower in an aggregate amount up to but not exceeding such Lender’s Commitment. The Borrower may not borrow Term Loans on the Closing Date in an amount in excess of the Initial Equity Contribution. The Borrower may not borrow Term Loans on any Credit Date occurring prior to the Plant Encumbrance Date if such borrowing would cause 2019, (after giving effect to such borrowingiii) the aggregate principal amount of the Term Loans outstanding third borrowing shall occur on such Credit Date to exceed the Initial Equity Contribution. The Borrower may not borrow Term Loans on any Credit Date until the date that the Aggregate Equity Contribution exceeds $24,300,000 or after April 15, 2019, (the “Equity Fulfillment Condition”) if such borrowing would cause (after giving effect to such borrowingiv) the aggregate principal amount of fourth borrowing shall occur on or after April 26, 2019, (v) the Term Loans outstanding to exceed fifth borrowing shall occur on or after May 17, 2019 and (vi) the Aggregate Equity Contribution. Upon and sixth borrowing shall occur on or after the satisfaction of the Equity Fulfillment ConditionMay 27, the Borrower may borrow the then remaining Commitments2019. Any amount borrowed under this Section 2.1(a) and subsequently repaid or prepaid may not be reborrowed. Subject to Sections 2.13, 2.14(a) and 2.15, all amounts owed hereunder with respect to the Multi Draw Term Loans shall be paid Paid in full Full no later than the Multi Draw Term Loan Maturity Date. On each Credit Date (including the Closing Date), each Lender’s Commitment shall be reduced immediately and without further action in the amount of the Term Loans made on such Credit Date. Each Lender’s Multi Draw Term Loan Commitment to make additional shall (x) automatically and permanently be reduced by the amount of each Multi Draw Term Loans shall Loan made hereunder, and (y) terminate immediately and without further action by any Person on the earlier of (i) the Plant Completion Date and (ii) the second anniversary of the Closing Date to the extent such Multi Draw Commitment is unused or not otherwise terminated prior to such dateTermination Date.

Loan Commitments. (i) Subject to the terms and conditions hereofof the First Amendment, each Refinancing Term Lender (as defined therein) severally agrees to make, from time on the First Amendment Effective Date, a Tranche A Term Loan to time during the period from and including the Closing Date Borrower in Dollars in an amount equal to but not including the earlier of (i) the Plant Completion Date such Lender’s Tranche A Term Loan Commitment; and (ii) subject to the second anniversary of terms and conditions hereofof the Closing Second Amendment, each Refinancing Term Lender (as defined therein) severally agrees to make, on the ClosingSecond Amendment Effective Date, a Tranche B Term Loans Loan to the Borrower in Dollars in an aggregate amount up equal to but not exceeding such Lender’s Tranche B Term Loan Commitment. The Borrower may not borrow make (x) only one borrowing under the Tranche B Term Loans Loan Commitments which shall be on the Closing ClosingSecond Amendment Effective Date in an amount in excess of and (y) only one borrowing under the Initial Equity Contribution. The Borrower may not borrow Tranche A Term Loans Loan Commitments which shall be on any Credit Date occurring prior to the Plant Encumbrance Date if such borrowing would cause (after giving effect to such borrowing) the aggregate principal amount of the Term Loans outstanding on such Credit Date to exceed the Initial Equity Contribution. The Borrower may not borrow Term Loans on any Credit Date until the date that the Aggregate Equity Contribution exceeds $24,300,000 (the “Equity Fulfillment Condition”) if such borrowing would cause (after giving effect to such borrowing) the aggregate principal amount of the Term Loans outstanding to exceed the Aggregate Equity Contribution. Upon and after the satisfaction of the Equity Fulfillment Condition, the Borrower may borrow the then remaining CommitmentsFirst Amendment Effective Date. Any amount amounts borrowed under this Section 2.1(a2.01(a) with respect to the Tranche A Term Loan and the Tranche B Term Loan and subsequently repaid or prepaid may not be reborrowed. Subject to Sections 2.13, 2.14(a2.13(a) and 2.152.14, all amounts owed hereunder with respect to the Tranche A Term Loans and the Tranche B Term Loans shall be paid in full no later than the Tranche A Term Loan Maturity Date and the Tranche B Term Loan Maturity Date. On each Credit Date (including the Closing Date), each Lender’s Commitment shall be reduced immediately and without further action in the amount of the Term Loans made on such Credit Daterespectively. Each Lender’s (i) Tranche A Term Loan Commitment to make additional Term Loans shall terminate immediately and without further action on the earlier of (i) the Plant Completion Date First Amendment Effective Date, and (ii) Tranche B Term Loan Commitment shall terminate immediately and without further action on the second anniversary of the Closing Date ClosingSecond Amendment Effective Date, in each case, upon and after giving effect to the extent funding of such Commitment is unused or not otherwise terminated prior to Lender’s Tranche A Term Loan and/or Tranche B Term Loan on such date.