Common use of Making of Revolving Credit Loans Clause in Contracts

Making of Revolving Credit Loans. All Loans shall be made ratably from the Banks in proportion to their respective Commitments; provided, however, that the failure of any Bank to make a Loan shall not relieve any other Bank of its obligation to lend hereunder. Whenever Borrower desires that the Banks make Loans (including Rollover Loans), Borrower shall give to the Agent at its Office at least three (3) Business Days' notice in the case of a EuroRate Loan, two (2) Business Days' notice in the case of a CD Rate Loan, and notice on the same Business Day in the case of a Base Rate Loan, of the date, which shall be a Business Day, on which such Loans are to be made. Each notice (a "Notice of Borrowing") required pursuant to this Section 2.03 shall be given no later than 11:00 a.m., Pittsburgh time, in the case of Base Rate Loans, or no later than 10:00 a.m., Pittsburgh time, in the case of CD Rate Loans or EuroRate Loans, on the last date permitted for such Notice of Borrowing, shall be signed by a Responsible Officer of Borrower, and shall state (a)the date on which the Loan is to be made, (b)the amount of the Loan, which shall be the sum of the principal amounts selected pursuant to subsection (c) of this Section 2.03 and, (c)the Interest Rate Option or Options selected in accordance with Section 2.05(a) hereof and the principal amounts of Portions selected in accordance with Section 2.05(c) hereof and, in the case of a EuroRate Portion or a CD Rate Portion, the EuroRate Funding Period or CD Rate Funding Period, as the case may be. Each Notice of Borrowing shall be irrevocable and shall be written, telecopied, by telephone confirmed in writing or by electronic request. The rights and obligations of the parties set forth in this Agreement, including without limitation all representations, warranties and covenants, shall not be affected by the medium chosen by Borrower to make a Loan request, except that Borrower assumes all liability for any and all losses, liabilities, obligations, costs or damages ("Losses") arising from the chosen medium, including without limitation, in the case of electronic Loan requests, any Losses arising from transmission errors, delayed transmissions, transmissions not received or unauthorized transmissions. The Agent shall promptly give telecopied or telexed notice or telephoned notice confirmed in writing to each Bank of its Percentage Share and the date of such borrowings. On the date specified in such Notice of Borrowing, each Bank shall make the proceeds of its Loan available at the Office of the Agent, no later than 12:00 noon, Pittsburgh time, in immediately available funds, and upon fulfillment of all applicable conditions set forth herein (and against delivery to the Agent of an appropriate Note for the initial Loans, with payment schedules attached thereto, for each Bank, payable to the order of such Bank as provided in Section 2.04 hereof), the Agent shall pay or deliver the proceeds of the borrowing to or upon the order of Borrower. Upon making the initial Loans, the Agent shall deliver each such Note to or upon the order of the Bank to, which it is payable.

Making of Revolving Credit Loans. All Loans shall be made ratably from On any Business Day when the Banks in proportion to their respective Commitments; provided, however, that the failure of any Bank to make a Loan shall not relieve any other Bank of its obligation to lend hereunder. Whenever Borrower desires that the Banks Bank make Loans (including Rollover Loans)a Revolving Credit Loan other than pursuant to a Cash Management Agreement, if any, the Borrower shall give provide to the Agent Bank, at its Office at least three (3) Business Days' Office, irrevocable notice in the case of a EuroRate Loan, two (2) Business Days' notice in the case of a CD Rate Loan, and notice on the same Business Day in the case of a Base Rate Loan, of the date, which shall be a Business Day, on which such Loans are to be maderequested Revolving Credit Loan. Each notice (a "“Notice of Borrowing"”) required pursuant to this Section 2.03 may be given in writing or by telephonic request and shall be given no later than 11:00 a.m.2:00 p.m., prevailing Pittsburgh time, in the case of Base Rate Loans, or no later than 10:00 a.m., Pittsburgh time, in the case of CD Rate Loans or EuroRate Loans, on the last date permitted for day such Notice of BorrowingLoan is to be made, and if in writing, shall be signed by a Responsible Officer or other officer or employee of Borrowerthe Borrower which has been designated by a Responsible Officer as having the authority to deliver a Notice of Borrowing, and and, in any event, shall state include: (a)the i) the date (which shall be a Business Day) on which the Revolving Credit Loan is to be made, ; (b)the ii) the principal amount of the Revolving Credit Loan; and (iii), which shall be if then due, the sum of the principal amounts selected Borrowing Base Certificate required pursuant to subsection (cSection 5.01(f) of this Section 2.03 and, (c)the Interest Rate Option or Options selected in accordance with Section 2.05(a) hereof and the principal amounts of Portions selected in accordance with Section 2.05(c) hereof and, in the case of a EuroRate Portion or a CD Rate Portion, the EuroRate Funding Period or CD Rate Funding Period, as the case may beAgreement. Each Notice of Borrowing shall be irrevocable and shall be writtensent to the Bank by (1) facsimile (which shall be effective when received), telecopied, by telephone confirmed in writing or by electronic request(2) telephone (which shall be effective when telephoned), or by (3) hand delivery, first class or first class express mail (which shall be effective when received), in all cases with charges prepaid. The rights Subject to the terms and obligations conditions of the parties set forth in this Agreement, including without limitation all representationsupon the Bank’s review, warranties approval and covenants, shall not be affected processing of the required Notice of Borrowing and any other information requested by the medium chosen by Borrower to make a Loan requestBank, except that Borrower assumes all liability for any and all losses, liabilities, obligations, costs or damages ("Losses") arising from the chosen medium, including without limitation, in the case of electronic Loan requests, any Losses arising from transmission errors, delayed transmissions, transmissions not received or unauthorized transmissions. The Agent shall promptly give telecopied or telexed notice or telephoned notice confirmed in writing to each Bank of its Percentage Share and the date of such borrowings. On the date specified in such Notice of Borrowing, each Bank shall make the proceeds of its the Revolving Credit Loan available to the Borrower at the Bank’s Office on the date specified in the Notice of Borrowing, in funds immediately available at the Office Office. Notwithstanding the foregoing, any Revolving Credit Loan made by the Bank in good faith reliance upon a telephonic request shall be a Revolving Credit Loan under this Agreement upon disbursement, provided that the Bank shall have the right to request that the Borrower confirm any telephonic request for a Revolving Credit Loan in writing. The Borrower and the Bank may enter into a Cash Management Agreement. If the Borrower and the Bank enter into a Cash Management Agreement, such Cash Management Agreement may provide that all cash receipts of the AgentBorrower are to be deposited into a single deposit account and are to be applied to checks and other amounts presented for payment against certain of the Borrower’s checking and disbursement accounts maintained with the Bank and, no later than 12:00 noon, Pittsburgh time, in immediately available to the extent of any excess funds, the outstanding principal balance of the Revolving Credit Loans on a daily basis, as more particularly described in any such Cash Management Agreement. In addition, a Cash Management Agreement may provide that to the extent that cash receipts in such accounts of the Borrower with the Bank are less than amounts presented for payment against such accounts of the Borrower with the Bank, Revolving Credit Loans shall be made to fund any such shortfall on a daily basis. The Borrower and upon fulfillment the Bank agree that any loans, advances and fundings made by the Bank under a Cash Management Agreement, if any, shall be Revolving Credit Loans under this Section 2.01 and that fundings, notices of all advances, payments and prepayments of Revolving Credit Loans made pursuant to the Cash Management Agreement shall be controlled by such Cash Management Agreement. In addition, notwithstanding anything to the contrary contained herein or in any Cash Management Agreement, Revolving Credit Loans made pursuant to a Cash Management Agreement shall bear interest at the Rates applicable conditions to Revolving Credit Loans set forth herein (and against delivery to the Agent of an appropriate Note for the initial Loans, with payment schedules attached thereto, for each Bank, payable to the order of such Bank as provided in Section 2.04 hereof), of this Agreement. Nothing contained herein or in any Cash Management Agreement shall permit the Agent shall pay Borrower to request or deliver obligate the proceeds Bank to make any Revolving Credit Loans in an amount in excess of the borrowing to or upon the order of Borrower. Upon making the initial Loans, the Agent shall deliver each such Note to or upon the order of the Bank to, which it is payablethen available Revolving Credit Commitment.

Making of Revolving Credit Loans. All Loans shall be made ratably from the Banks in proportion to their respective Commitments; provided, however, that the failure of any Bank to make a Loan shall not relieve any other Bank of its obligation to lend hereunder. Whenever Borrower desires that the Banks make Loans (including Rollover Loans), Borrower shall give to the Agent at its Office at least three (3) Business Days' notice in the case of a EuroRate Euro-Rate Loan, two (2) Business Days' notice in the case of a CD Rate Loan, and notice on the same Business Day in the case of a Base Rate Loan, of the date, which shall be a Business Day, on which such Loans are to be made. Each notice (a "Notice of Borrowing") required pursuant to this Section 2.03 shall be given no later than 11:00 a.m., Pittsburgh time, in the case of Base Rate Loans, or no later than 10:00 a.m., Pittsburgh ,Pittsburgh time, in the case of CD Rate Loans or EuroRate Euro-Rate Loans, on the last date permitted for such Notice of Borrowing, shall be signed by a Responsible Officer of Borrower, and shall state (a)the a) the date on which the Loan is to be made, (b)the b) the amount of the Loan, which shall be the sum of the principal amounts selected pursuant to subsection (c) of this Section 2.03 and, (c)the c) the Interest Rate Option or Options selected in accordance with Section 2.05(a) hereof and the principal amounts of Portions selected in accordance with Section 2.05(c) hereof and, in the case of a EuroRate Euro-Rate Portion or a CD Rate Portion, the EuroRate Euro-Rate Funding Period or CD Rate Funding Period, as the case may be. Each Notice of Borrowing shall be irrevocable and shall be written, telecopied, by telephone confirmed in writing or by electronic request. The rights and obligations of the parties set forth in this Agreement, including without limitation all representations, warranties and covenants, shall not be affected by the medium chosen by Borrower to make a Loan request, except that Borrower assumes all liability for any and all losses, liabilities, obligations, costs or damages ("Losses") arising from the chosen medium, including without limitation, in the case of electronic Loan requests, any Losses arising from transmission errors, delayed transmissions, transmissions not received or unauthorized transmissions. The Agent shall promptly give telecopied or telexed notice or telephoned notice confirmed in writing to each Bank of its Percentage Share and the date of such borrowings. On the date specified in such Notice of Borrowing, each Bank shall make the proceeds of its Loan available at the Office of the Agent, no later than 12:00 noon, Pittsburgh time, in immediately available funds, and upon fulfillment of all applicable conditions set forth herein (and against delivery to the Agent of an appropriate Note for the initial Loans, with payment schedules attached thereto, for each Bank, payable to the order of such Bank as provided in Section 2.04 hereof), the Agent shall pay or deliver the proceeds of the borrowing to or upon the order of Borrower. Upon making the initial Loans, the Agent shall deliver each such Note to or upon the order of the Bank to, which it is payable.

Making of Revolving Credit Loans. All Loans shall be made ratably from the Banks in proportion to their respective Commitments; provided, however, that the failure of any Bank to make a Loan shall not relieve any other Bank of its obligation to lend hereunder. Whenever any Borrower desires that the Banks make Loans (including Rollover Loans), such Borrower shall give to the Agent at its Office at least three (3) Business Days' notice in the case of a EuroRate Euro-Rate Loan, two (2) Business Days' notice in the case of a CD Rate Loan, and notice on the same Business Day in the case of a Base Rate Loan, of the date, which shall be a Business Day, on which such Loans are to be made. Each notice (a "Notice of Borrowing") required pursuant to this Section 2.03 shall be given no later than 11:00 a.m., Pittsburgh time, in the case of Base Rate Loans, or no later than 10:00 a.m., Pittsburgh time, in the case of CD Rate Loans or EuroRate Euro-Rate Loans, on the last date permitted for such Notice of Borrowing, shall be signed by a Responsible Officer of such Borrower, and shall state (a)the a) the date on which the Loan is to be made, (b)the b) the amount of the Loan, which shall be the sum of the principal amounts selected pursuant to subsection (c) of this Section 2.03 and, (c)the c) the Interest Rate Option or Options selected in accordance with Section 2.05(a) hereof and the principal amounts of Portions selected in accordance with Section 2.05(c) hereof and, in the case of a EuroRate Euro-Rate Portion or a CD Rate Portion, the EuroRate Euro-Rate Funding Period or CD Rate Funding Period, as the case may be. Each Notice of Borrowing shall be irrevocable and shall be written, telecopied, by telephone confirmed in writing or by electronic request. The rights and obligations of the parties set forth in this Agreement, including without limitation all representations, warranties and covenants, shall not be affected by the medium chosen by such Borrower to make a Loan request, except that such Borrower assumes all liability for any and all losses, liabilities, obligations, costs or damages ("Losses") arising from the chosen medium, including without limitation, in the case of electronic Loan requests, any Losses arising from transmission errors, delayed transmissions, transmissions not received or unauthorized transmissions. The Agent shall promptly give telecopied or telexed notice or telephoned notice confirmed in writing to each Bank of its Percentage Share and the date of such borrowings. On the date specified in such Notice of Borrowing, each Bank shall make the proceeds of its Loan available at the Office of the Agent, no later than 12:00 noon, Pittsburgh time, in immediately available funds, and upon fulfillment of all applicable conditions set forth herein (and against delivery to the Agent of an appropriate Note for the initial Loans, with payment schedules attached thereto, for each Bank, payable to the order of such Bank as provided in Section 2.04 hereof), the Agent shall pay or deliver the proceeds of the borrowing to or upon the order of such Borrower. Upon making the initial Loans, the Agent shall deliver each such Note to or upon the order of the Bank to, which it is payable.

Making of Revolving Credit Loans. All Revolving Credit Loans shall be made ratably from by the Banks in proportion to their respective Commitmentscommitments; provided, however, that the failure of any Bank to make a Revolving Credit Loan shall not relieve any other Bank of its obligation to lend hereunder. Whenever If any Bank fails to make a Revolving Credit Loan, the Agent will use its best efforts to find another lender to make that Revolving Credit Loan on the same terms and conditions. On any Business Day when the Borrower desires that the Banks make Loans (including Rollover Loans)a Revolving Credit Loan, Borrower shall give provide to the Agent at its Office at least three (3) Business Days' notice in the case of a EuroRate Loan, two (2) Business Days' notice in the case of a CD Rate Loan, and notice on the same Business Day in the case of a Base Rate Loan, Standard Notice of the date, which shall be a Business Day, on which such Loans are Revolving Credit Loan is to be made. Each notice (a "Notice of Borrowing") required pursuant to this Section 2.03 shall be given no later than 11:00 a.m., Pittsburgh time, in the case of Base Rate Loans, or no later than 10:00 a.m., Pittsburgh time, in the case of CD Rate Loans or EuroRate Loans, on the last date permitted for such Notice of Borrowing, and, if in writing, shall be signed by a Responsible Officer of Borrower, and shall state state: (a)the a) the date (which shall be a Business Day) on which the Revolving Credit Loan is to be made, ; (b)the b) the principal amount of the Loan, Revolving Credit Loan which shall be the sum of the principal amounts selected pursuant to subsection Section 2.03; and (c) of this Section 2.03 and, (c)the the Interest Rate Option or Interest Rate Options selected in accordance with Section 2.05(a) hereof and the principal amounts amount of Portions selected in accordance with Section 2.05(c) 2.03 hereof and, in the case of a EuroRate Portion or a CD Euro-Rate Portion, the EuroRate Funding Period or CD Euro-Rate Funding Period, as the case may be. Each Notice of Borrowing shall be irrevocable (except as provided in Section 2.15 hereof) and shall be writtensent to the Agent by (i) telecopier (which shall be effective when received), telecopied, by telephone confirmed in writing or by electronic request. The rights and obligations of the parties set forth in this Agreement, including without limitation all representations, warranties and covenants, (ii) telephone (which shall not be affected by the medium chosen by Borrower to make a Loan request, except that Borrower assumes all liability for any and all losses, liabilities, obligations, costs or damages effective when telephoned) confirmed ("Losses") arising from the chosen medium, including without limitation, in the case of electronic Loan requestsRevolving Credit Loans to which the Euro-Rate Option apply) by first class mail, any Losses arising from transmission errorsor by (iii) hand delivery, delayed transmissionsfirst class or first class express mail (which shall be effective when received), transmissions not received or unauthorized transmissionsin all cases with charges prepaid. The Agent shall promptly give telecopied or telexed notice or telephoned notice confirmed in writing to each Bank of its Percentage Share and the date of such borrowings. On the date specified in such Notice of Borrowing, each Bank shall make the proceeds of its Revolving Credit Loan available at the Office of the Agent, no later than 12:00 noon, Pittsburgh time, in immediately available funds. On the date specified in such Notice of Borrowing, the Agent shall make the proceeds of the Revolving Credit Loan available at its office, no later than 4:00 p.m., Pittsburgh time, in immediately available funds, and upon fulfillment of all applicable conditions set forth herein (and against delivery to the Agent of an appropriate Note for the initial Loans, with payment schedules attached thereto, for each Bank, payable to the order of such Bank as provided in Section 2.04 hereof)herein, the Agent shall pay or deliver the proceeds of the borrowing to or upon the order of Borrower. Upon making To the initial Loansextent that any automatic borrowing service agreement in effect between the Agent and Borrower makes applicable any other notice or funding arrangements, the Agent terms of such automatic borrowing service agreement shall deliver each such Note to or upon the order of the Bank to, which it is payablecontrol.