Common use of Making of Non-Ratable Loans Clause in Contracts

Making of Non-Ratable Loans. (i) If the Agent elects, with the consent of the Bank, to have the terms of this Section 1.2(h) apply to a requested Borrowing, the Bank shall make a Revolving Loan in the amount of that Borrowing available to the applicable Borrower on the applicable Funding Date by transferring same day funds to such Borrower’s Designated Account. Each Revolving Loan made solely by the Bank pursuant to this Section is herein referred to as a “Non-Ratable Loan”, and such Revolving Loans are collectively referred to as the “Non-Ratable Loans.” Each Non-Ratable Loan shall be subject to all the terms and conditions applicable to other Revolving Loans except that all payments thereon shall be payable to the Bank solely for its own account. The aggregate amount of Non-Ratable Loans outstanding at any time shall not exceed $10,000,000. The Agent shall not request the Bank to make any Non-Ratable Loan if (1) the Agent has received written notice from any Revolving Credit Lender that one or more of the applicable conditions precedent set forth in Article 8 will not be satisfied on the requested Funding Date for the applicable Borrowing, and such conditions have not been waived in accordance with this Agreement or (2) the requested Borrowing would exceed Availability on that Funding Date. (ii) The Non-Ratable Loans shall be secured by the Agent’s Liens in and to the Collateral and shall constitute Base Rate Revolving Loans and Obligations hereunder.

Making of Non-Ratable Loans. (i) If the Agent elects, with the consent of the Bank, to have the terms of this Section 1.2(h) apply to a requested Borrowing, the Bank shall make a Revolving Loan in the amount of that Borrowing available to the applicable Borrower on the applicable Funding Date by transferring same day funds to such Borrower’s Designated Account. Each Revolving Loan made solely by the Bank pursuant to this Section is herein referred to as a “Non-Ratable Loan”, and such Revolving Loans are collectively referred to as the “Non-Ratable Loans.” Each Non-Ratable Loan shall be subject to all the terms and conditions applicable to other Revolving Loans except that all payments thereon shall be payable to the Bank solely for its own account. The aggregate amount of Non-Ratable Loans outstanding at any time shall not exceed $10,000,000. The Agent shall not request the Bank to make any Non-Ratable Loan if (1A) the Agent has received written notice from any Revolving Credit Lender that one or more of the applicable conditions precedent set forth in Article 8 will not be satisfied on the requested Funding Date for the applicable Borrowing, and such conditions have not been waived in accordance with this Agreement or (2B) the requested Borrowing would exceed Availability on that Funding Date. (ii) The Non-Ratable Loans shall be secured by the Agent’s Liens in and to the Collateral and shall constitute Base Rate Revolving Loans and Obligations hereunder.

Making of Non-Ratable Loans. (i) If the Agent elects, with the consent of the Bank, to have the terms of this Section 1.2(h) apply to a requested Borrowing, the Bank shall make a Revolving Loan in the amount of that Borrowing available to the applicable Borrower Borrowers on the applicable Funding Date by transferring same day funds to such Borrower’s Borrowers’ Designated Account. Each Revolving Loan made solely by the Bank pursuant to this Section is herein referred to as a “Non-Non Ratable Loan”, and such Revolving Loans are collectively referred to as the “Non-Non Ratable Loans.” Each Non-Non Ratable Loan shall be subject to all the terms and conditions applicable to other Revolving Loans except that all payments thereon shall be payable to the Bank solely for its own account. The aggregate amount of Non-Non Ratable Loans outstanding at any time shall not exceed $10,000,0005,000,000. The Agent shall not request the Bank to make any Non-Non Ratable Loan if (1A) the Agent has received written notice from any Revolving Credit Lender that one or more of the applicable conditions precedent set forth in Article 8 will not be satisfied on the requested Funding Date for the applicable Borrowing, and such conditions have not been waived in accordance with this Agreement or (2B) the requested Borrowing would exceed Availability on that Funding Date. (ii) The Non-Non Ratable Loans shall be secured by the Agent’s Liens in and to the Collateral and shall constitute Base Rate Revolving Loans and Obligations hereunder. Upon Settlement of such Non-Ratable Loans pursuant to Section 12.15 hereof, such Loans shall constitute Revolving Loans for all purposes hereunder, including, without limitation, Section 2.2(a)(i) hereof.

Making of Non-Ratable Loans. (iA) If the Agent elects, with the consent of the Bank, to have the terms of this Section 1.2(hSECTION 1.2(H) apply to a requested Borrowing, the Bank shall make a Revolving Loan in the amount of that Borrowing available to the applicable Borrower Borrowers on the applicable Funding Date by transferring same day funds to such Administrative Borrower’s 's Designated Account. Each Revolving Loan made solely by the Bank pursuant to this Section is herein referred to as a “"Non-Ratable Loan”", and such Revolving Loans are collectively referred to as the “"Non-Ratable Loans.” " Each Non-Ratable Loan shall be subject to all the terms and conditions applicable to other Revolving Loans except that all payments thereon shall be payable to the Bank solely for its own account. The aggregate amount of Non-Ratable Loans outstanding at any time shall not exceed $10,000,000. The Agent shall not request the Bank to make any Non-Ratable Loan if (1) the Agent has received written notice from any Revolving Credit Lender that one or more of the applicable conditions precedent set forth in Article ARTICLE 8 will not be satisfied on the requested Funding Date for the applicable Borrowing, and such conditions have not been waived in accordance with this Agreement or (2) the requested Borrowing would exceed Excess Availability on that Funding Date. (iiB) The Non-Ratable Loans shall be secured by the Agent’s 's Liens in and to the Collateral and shall constitute Base Rate Revolving Loans and Obligations hereunder.

Making of Non-Ratable Loans. (i) If the Agent elects, with the consent of the Bank, to have the terms of this Section 1.2(h) apply to a requested Borrowing, the Bank shall make a Revolving Loan in the amount of that Borrowing available to the applicable Borrower Borrowers on the applicable Funding Date by transferring same day funds on or before 3:00 p.m. (Atlanta, Georgia time) to such Borrower’s the Designated Account. Each Revolving Loan made solely by the Bank pursuant to this Section 1.2(h) is herein referred to as a “Non-Ratable Loan”, and such Revolving Loans are collectively referred to as the “Non-Ratable Loans.” Each Non-Ratable Loan shall be subject to all the terms and conditions applicable to other Revolving Loans except that all payments thereon shall be payable to the Bank solely for its own account. The aggregate amount of Non-Ratable Loans outstanding at any time shall not exceed $10,000,000. The Agent shall not request the Bank to make any Non-Ratable Loan if (1i) the Agent has received written notice from any Revolving Credit Lender the Required Lenders that one or more of the applicable conditions precedent set forth in Article 8 will not be satisfied on the requested Funding Date for the applicable Borrowing, and such conditions have not been waived in accordance with this Agreement or (2ii) the requested Borrowing would exceed Availability on that Funding Date. (ii) . The Non-Ratable Loans shall be secured by the Agent’s Liens in and to the Collateral and shall constitute Base Rate Revolving Loans and Obligations hereunder.

Making of Non-Ratable Loans. (iA) If the Collateral Agent elects, with the consent of the BankCIT, to have the terms of this Section 1.2(h) apply to a requested Borrowing, the Bank CIT shall make a Revolving Loan in the amount of that Borrowing available to the applicable Borrower Borrowers on the applicable Funding Date by transferring same day funds to such Borrower’s the applicable Designated Account. Each Revolving Loan made solely by the Bank CIT pursuant to this Section is herein referred to as a “"Non-Ratable Loan”", and such Revolving Loans are collectively referred to as the “"Non-Ratable Loans.” " Each Non-Ratable Loan shall be subject to all the terms and conditions applicable to other Revolving Loans except that all payments thereon shall be payable to the Bank CIT solely for its own account. The aggregate amount of Non-Ratable Loans outstanding at any time shall not exceed $10,000,000. The Collateral Agent shall not request the Bank CIT to make any Non-Ratable Loan if (1) the Collateral Agent has received written notice from any Revolving Credit Lender that one or more of the applicable conditions precedent set forth in Article 8 will not be satisfied on the requested Funding Date for the applicable Borrowing, and such conditions have not been waived in accordance with this Agreement or (2) the requested Borrowing would exceed Availability the applicable amount permitted under Section 1.2 on that Funding Date. (iiB) The Non-Ratable Loans shall be secured by the Agent’s Liens in and to the Collateral and shall constitute Base Rate Revolving Loans and Obligations hereunder.

Making of Non-Ratable Loans. (i) If the Agent elects, with the consent of the Bank, to have the terms of this Section 1.2(h) apply to a requested (or deemed request for a) Borrowing, the Bank shall make a Revolving Loan in the amount of that such Borrowing available to the applicable Borrower Borrowers on the applicable Funding Date by transferring same day funds to such Borrower’s the Designated AccountAccount (or, in the case of a deemed request for a Borrowing, by direct payment of the relevant Obligation). Each Revolving Loan made solely by the Bank pursuant to this Section is herein referred to as a “Non-Ratable Loan”, ,” and such Revolving Loans are collectively referred to as the “Non-Ratable Loans.” Each Non-Ratable Loan shall be subject to all the terms and conditions applicable to other Revolving Loans except that all payments thereon shall be payable to the Bank solely for its own account. The aggregate amount of Non-Ratable Loans outstanding at any time shall not exceed $10,000,00020,000,000. The Subject to the provisions of Section 1.2(i), the Agent shall not request the Bank to make any Non-Ratable Loan if (1) the Agent has received written notice from any Revolving Credit Lender the Required Lenders that one or more of the applicable conditions precedent set forth in Article 8 will not be satisfied on the requested Funding Date for the applicable Borrowing, and instructing Agent to withhold such conditions have not been waived in accordance with this Agreement or (2) the requested Borrowing would exceed Availability on that Funding Date. (ii) Revolving Loan. The Non-Ratable Loans shall be secured by the Agent’s Liens in and to the Collateral and shall constitute Base Rate Revolving Loans and Obligations hereunderCollateral.

Making of Non-Ratable Loans. (i) If the Agent elects, with the consent of the Bank, to have the terms of this Section 1.2(h) apply to a requested Borrowing, the Bank shall make a Revolving Loan in the amount of that Borrowing available to the applicable Borrower on the applicable Funding Date by transferring same day funds to such Borrower’s Designated Account. Each Revolving Loan made solely by the Bank pursuant to this Section is herein referred to as a “Non-Ratable Loan”, and such Revolving Loans are collectively referred to as the “Non-Ratable Loans.” Each Non-Ratable Loan shall be subject to all the terms and conditions applicable to other Revolving Loans except that all payments thereon shall be payable to the Bank solely for its own account. The aggregate amount of Non-Ratable Loans outstanding at any time shall not exceed $10,000,000. The Agent shall not request the Bank to make any Non-Ratable Loan if (1) the Agent has received written notice from any Revolving Credit Lender that one or more of the applicable conditions precedent set forth in Article 8 will not be satisfied on the requested Funding Date for the applicable Borrowing, and such conditions have not been waived in accordance with this Agreement or (2) the requested Borrowing by FMC or FRC would exceed its Availability on that Funding Date. (ii) The Non-Ratable Loans shall be secured by the Agent’s Liens in and to the Collateral and shall constitute Base Rate Revolving Loans and Obligations hereunder.

Making of Non-Ratable Loans. (i) If the Agent elects, with the consent of the Bank, to have the terms of this Section 1.2(h) apply to a requested Borrowing, the Bank Agent shall make a Revolving Loan in the amount of that Borrowing available to the applicable Borrower on the applicable same Business Day as the requested Funding Date by transferring same day funds to such Borrower’s the Designated Account. Each Revolving Loan made solely by the Bank Agent pursuant to this Section is herein referred to as a “Non-Ratable Loan”, and such Revolving Loans are collectively referred to as the “Non-Ratable Loans.” Each Non-Ratable Loan shall be subject to all the terms and conditions applicable to other Revolving Loans except that all payments thereon shall be payable to the Bank Agent solely for its own account. The aggregate principal amount of Non-Ratable Loans outstanding at any time shall not exceed $10,000,00060,000,000. The Agent shall not request the Bank to make any Non-Ratable Loan if (1) the Agent has received written notice from any Revolving Credit Lender that one or more of the applicable conditions precedent set forth in Article 8 will not be satisfied on the requested Funding Date for the applicable Borrowing, and such conditions have not been waived in accordance with this Agreement or (2) the requested Borrowing would exceed Availability on that Funding Date. (ii) The Non-Ratable Loans shall be secured by the Agent’s Liens in and to the Collateral and shall constitute Obligations hereunder. Each provision of Section 1.2 applicable to Base Rate Revolving Loans (other than provisions relating to the initial funding of such Loans by the Lenders) shall be applicable to Non-Ratable Loans, and Obligations hereundersuch Non-Ratable Loans shall bear interest at the Alternate Base Rate plus the Applicable Margin for Base Rate Loans.

Making of Non-Ratable Loans. (i) If the Agent elects, with the consent of the Bank, to have the terms of this Section 1.2(h1.2(i) apply to a requested Borrowing, the Bank shall make a Revolving Loan in the amount of that such requested Borrowing available to the applicable Borrower Borrowers on the applicable Funding Date by transferring same day funds to such Borrower’s the Designated Account. Each Revolving Loan made solely by the Bank pursuant to this Section 1.2(i) is herein referred to hereinafter as a “"Non-Ratable Loan”", and such Revolving Loans are collectively referred to as the “"Non-Ratable Loans.” " Each Non-Ratable Loan shall be subject to all the terms and conditions applicable to other Revolving Loans except that all payments thereon shall be payable to the Bank solely for its own account. The aggregate amount of Non-Ratable Loans outstanding at any time shall not exceed $10,000,000. The Subject to Section 11.1(a), the Agent shall not request the Bank to make any Non-Ratable Loan if (1A) the Agent has received written notice from any Revolving Credit Lender that one or more of the applicable conditions precedent set forth in Article 8 will not be satisfied on the requested Funding Date for the applicable Borrowing, and such conditions have not been waived in accordance with this Agreement or (2B) the requested Borrowing would exceed the Availability on that the applicable Funding Date. (ii) . The Non-Ratable Loans shall be secured by the Agent’s 's Liens in and to the Collateral and shall constitute Base Rate Revolving Loans and Obligations hereunder.

Making of Non-Ratable Loans. (i) If the Agent elects, with the consent of the Bank, to have the terms of this Section SECTION 1.2(h) apply to a requested Borrowing, the Bank shall make a Revolving Loan in the amount of that Borrowing available to the applicable Borrower on the applicable Funding Date by transferring same day funds to such Borrower’s 's Designated Account. Each Revolving Loan made solely by the Bank pursuant to this Section is herein referred to as a “Non"NON-Ratable Loan”RATABLE LOAN", and such Revolving Loans are collectively referred to as the “Non"NON-Ratable LoansRATABLE LOANS.” " Each Non-Ratable Loan shall be subject to all the terms and conditions applicable to other Revolving Loans except that all payments thereon shall be payable to the Bank solely for its own account. The aggregate amount of Non-Ratable Loans outstanding at any time shall not exceed $10,000,000. The Agent shall not request the Bank to make any Non-Ratable Loan if (1) the Agent has received written notice from any Revolving Credit Lender that one or more of the applicable conditions precedent set forth in Article ARTICLE 8 will not be satisfied on the requested Funding Date for the applicable Borrowing, and such conditions have not been waived in accordance with this Agreement or (2) the requested Borrowing by FMC or FRC would exceed its Availability on that Funding Date. (ii) The Non-Ratable Loans shall be secured by the Agent’s Liens in and to the Collateral and shall constitute Base Rate Revolving Loans and Obligations hereunder.

Making of Non-Ratable Loans. (i) If Subject to Section 1.2(g), if the Agent elects, with the consent of the Bank, to have the terms of this Section 1.2(h1.2(i) apply to a requested Borrowing, the Bank shall make a Revolving Loan in the amount of that such requested Borrowing available to the applicable Borrower Borrowers on the applicable Funding Date by transferring same day funds to such Borrower’s the Designated Account. Each Revolving Loan made solely by the Bank pursuant to this Section 1.2(i) is herein referred to hereinafter as a “"Non-Ratable Loan”", and such Revolving Loans are collectively referred to as the “"Non-Ratable Loans.” " Each Non-Ratable Loan shall be subject to all the terms and conditions applicable to other Revolving Loans except that all payments thereon shall be payable to the Bank solely for its own account. The aggregate amount of Non-Ratable Loans outstanding at any time shall not exceed $10,000,00035,000,000. The Subject to Section 11.1(d), the Agent shall not request the Bank to make any Non-Ratable Loan if (1A) the Agent has received written notice from any Revolving Credit Lender that one or more of the applicable conditions precedent set forth in Article 8 will not be satisfied on the requested Funding Date for the applicable Borrowing, and such conditions have not been waived in accordance with this Agreement or (2B) the requested Borrowing would exceed the Availability on that the applicable Funding Date. (ii) . The Non-Ratable Loans shall be secured by the Agent’s 's Liens in and to the Collateral and shall constitute Base Rate Revolving Loans and Obligations hereunder.

Making of Non-Ratable Loans. (iA) If With respect to any Borrowing other than a LIBOR Rate Loan, if the Agent elects, with the consent of the Bank, to have the terms of this Section 1.2(h) apply to a requested Borrowing, the Bank shall make a Revolving Loan in the amount of that Borrowing available to the applicable Borrower Borrowers on the applicable Funding Date by transferring same day funds to such Borrower’s the Borrowers' Designated Account. Each Revolving Loan made solely by the Bank pursuant to this Section is herein referred to as a “"Non-Ratable Loan”", and such Revolving Loans are collectively referred to as the “"Non-Ratable Loans.” " Each Non-Ratable Loan shall be subject to all the terms and conditions applicable to other Revolving Loans except that all payments thereon shall be payable to the Bank solely for its own account. The aggregate amount of Non-Ratable Loans outstanding at any time shall not exceed $10,000,000. The Agent shall not request the Bank to make any Non-Ratable Loan if (1) the Agent has received written notice from any Revolving Credit Lender that one or more of the applicable conditions precedent set forth in Article 8 will not be satisfied on the requested Funding Date for the applicable Borrowing, and such conditions have not been waived in accordance with this Agreement or (2) the requested Borrowing would exceed Availability on that Funding Date. (iiB) The Non-Ratable Loans shall be secured by the Agent’s 's Liens in and to the Collateral and shall constitute Base Rate Revolving Loans and Obligations hereunder.

Making of Non-Ratable Loans. (i1) If the Agent elects, with the consent of the Bank, to have the terms of this Section 1.2(h) apply to a requested Borrowing, the Bank shall make a Revolving Loan in the amount of that Borrowing available to the applicable Borrower on the applicable Funding Date by transferring same day funds to such Borrower’s Designated Account. Each Revolving Loan made solely by the Bank pursuant to this Section is herein referred to as a “Non-Ratable Loan”, and such Revolving Loans are collectively referred to as the “Non-Ratable Loans.” Each Non-Ratable Loan shall be subject to all the terms and conditions applicable to other Revolving Loans except that all payments thereon shall be payable to the Bank solely for its own account. The aggregate amount of Non-Ratable Loans outstanding at any time shall not exceed $10,000,0005,000,000. The Agent shall not request the Bank to make any Non-Ratable Loan if (1A) the Agent has received written notice from any Revolving Credit Lender that one or more of the applicable conditions precedent set forth in Article 8 will not be satisfied on the requested Funding Date for the applicable Borrowing, and such conditions have not been waived in accordance with this Agreement or (2B) the requested Borrowing would exceed Availability on that Funding Date. (ii2) The Non-Ratable Loans shall be secured by the Agent’s Liens in and to the Collateral and shall constitute Base Rate Revolving Loans and Obligations hereunder.

Making of Non-Ratable Loans. (i) If the Agent elects, with the consent of the Bank, to have the terms of this Section 1.2(h) apply to a requested Borrowing, the Bank Agent shall make a Revolving Loan in the amount of that Borrowing available to the applicable Borrower on the applicable same Business Day as the requested Funding Date by transferring same day funds to such Borrower’s the Designated Account. Each Revolving Loan made solely by the Bank Agent pursuant to this Section is herein referred to as a “Non-Ratable Loan”, and such Revolving Loans are collectively referred to as the “Non-Ratable Loans.” Each Non-Ratable Loan shall be subject to all the terms and conditions applicable to other Revolving Loans except that all payments thereon shall be payable to the Bank Agent solely for its own account. The aggregate principal amount of Non-Ratable Loans outstanding at any time shall not exceed $10,000,00037,500,000. The Agent shall not request the Bank to make any Non-Ratable Loan if (1) the Agent has received written notice from any Revolving Credit Lender that one or more of the applicable conditions precedent set forth in Article 8 will not be satisfied on the requested Funding Date for the applicable Borrowing, and such conditions have not been waived in accordance with this Agreement or (2) the requested Borrowing would exceed Availability on that Funding Date. (ii) The Non-Ratable Loans shall be secured by the Agent’s Liens in and to the Collateral and shall constitute Obligations hereunder. Each provision of Section 1.2 applicable to Base Rate Revolving Loans (other than provisions relating to the initial funding of such Loans by the Lenders) shall be applicable to Non-Ratable Loans, and Obligations hereundersuch Non-Ratable Loans shall bear interest at the Alternate Base Rate plus the Applicable Margin for Base Rate Loans.