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

Making of Non-Ratable Loans. (A) If 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 Borrowers on the applicable Funding Date by transferring same day funds to Administrative 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 Agent shall not request the Bank to make any Non-Ratable Loan if (1) the Agent has received written notice from any 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, or (2) the requested Borrowing would exceed Excess Availability on that Funding Date. (B) The Non-Ratable Loans shall be secured by the Agent's Liens in and to the Collateral and shall constitute Obligations hereunder.

Making of Non-Ratable Loans. (A) 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 Borrowers on the applicable Funding Date by transferring same day funds on or before 3:00 p.m. (Atlanta, Georgia time) to Administrative 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 Agent shall not request the Bank to make any Non-Ratable Loan if (1i) the Agent has received written notice from any Lender the Required Lenders 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, or (2ii) the requested Borrowing would exceed Excess Availability on that Funding Date. (B) . 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. (A) If the Agent elects, with the consent of the Bank, to have the terms of this SECTION 1.2(HSection 1.2(i) apply to a requested Borrowing, the Bank shall make a Revolving Loan in the amount of that such requested Borrowing available to the Borrowers on the applicable Funding Date by transferring same day funds to Administrative 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 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 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, or (2B) the requested Borrowing would exceed Excess the Availability on that the applicable Funding Date. (B) . 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. (Ai) If 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 Borrowers Borrower on the applicable Funding Date by transferring same day funds to Administrative Borrower's 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 $5,000,000. The Agent shall not request the Bank to make any Non-Ratable Loan if (1A) the Agent has received written notice from any Lender that one or more of the applicable conditions precedent set forth in ARTICLE 8 (Conditions of Lending) will not be satisfied on the requested Funding Date for the applicable Borrowing, or (2B) the requested Borrowing would exceed Excess Availability on that Funding Date. (Bii) 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. (A) 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(HSection 1.2(i) apply to a requested Borrowing, the Bank shall make a Revolving Loan in the amount of that such requested Borrowing available to the Borrowers on the applicable Funding Date by transferring same day funds to Administrative 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 $15,000,000. The Agent shall not request the Bank to make any Non-Ratable Loan if (1A) the Agent has received written notice from any 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, or (2B) the requested Borrowing would exceed Excess the Availability on that the applicable Funding Date. (B) . 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. (A) If Agent elects, with the consent of the Bank, elects to have the terms of this SECTION 1.2(HSection 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 Borrowers on the applicable Funding Date by transferring same day funds to Administrative Borrower's 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 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 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, or (2) the requested Borrowing would exceed Excess Availability on that Funding Date. (B) The Non-Ratable Loans shall be secured by the Agent's Liens in and to the Collateral and shall constitute Base Rate Loans and Obligations hereunder.

Making of Non-Ratable Loans. (A) If the Collateral Agent elects, with the consent of the BankCIT, to have the terms of this SECTION 1.2(HSection 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 Borrowers on the applicable Funding Date by transferring same day funds to Administrative 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 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 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, or (2) the requested Borrowing would exceed Excess Availability the applicable amount permitted under Section 1.2 on that Funding Date. (B) 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. (A) 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(HSection 1.2(i) apply to a requested Borrowing, the Bank shall make a Revolving Loan in the amount of that such requested Borrowing available to the Borrowers on the applicable Funding Date by transferring same day funds to Administrative 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 $35,000,000. 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 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, or (2B) the requested Borrowing would exceed Excess the Availability on that the applicable Funding Date. (B) . 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. (Ai) 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 Borrowers applicable Borrower on the applicable Funding Date by transferring same day funds to Administrative 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-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. (Bii) 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.