Common use of Obligations of the Borrower Clause in Contracts

Obligations of the Borrower. Borrowers agree to pay to Bank in connection with each Letter of Credit issued hereunder: (a) immediately upon the demand of Bank, the amount paid by Bank with respect to such Letter of Credit; (b) immediately upon demand of Bank, the amount of any draft presented purporting to be drawn under such Letter of Credit provided that the draft and accompanying documents conform to the terms of the Letter of Credit but subject to the terms of Paragraph 2A.7 and any other amounts paid thereunder (it being understood that Bank is not required to make demand upon or proceed against any other party or to resort to any Collateral before obtaining payment from Borrowers); (c) quarterly in arrears on the last Business Day of each March, June, September and December, a fee calculated on the average outstanding amount of all documentary and standby Letters of Credit for such period at a rate per annum equal to one and one-eighth of one percent (1 1/8%) together with any Letter of Credit fees customarily charged by Bank; (d) interest on any Indebtedness outstanding with respect to such Letter of Credit, whether for funds paid on drafts on such Letter of Credit or otherwise (but such indebtedness shall not include undrawn balances of such Letter of Credit issued hereunder) at the rate set forth in Paragraph 2.5 (a) (i)(A) hereof from the date of payment by Bank (if not reimbursed by Borrowers on the same day) to the date one (1) Business Day after notice to Borrowers of such payment, and thereafter at the rate applicable to Portions bearing interest based on the Base Rate under Paragraph 2.5(a)(ii) hereof; interest under this subparagraph (d) shall be paid at the times and in the manner set forth in Paragraph 2.5 hereof, and shall accrue on amounts paid on a Letter of Credit (if not reimbursed by Borrowers on the same day) from the date of payment by Bank, whether or not demand is made, until such amounts are reimbursed by Borrowers whether before, at or after demand. (e) On or before the Termination Date, in the absence of a Default or Event of Default at such time, and subject to the provisions of Paragraph 2.6 hereof, Bank hereby agrees to advance funds to Borrowers under the Loan to make the payments required under Paragraphs 2A.4(a) and (b) hereof. If any payment by Bank of a draft drawn under a Letter of Credit is for any reason (including without limitation the occurrence or continuation of a Default or Event of Default hereunder) not reimbursed prior to or on the date of such payment, the amount of such payment shall thereupon be deemed for purposes hereof an Advance under Paragraph 2.6

Obligations of the Borrower. Borrowers agree (a) Borrower agrees to pay to Bank Agent in connection with each Letter of Credit issued hereunder: : (ai) immediately upon the demand of BankAgent on behalf of all Lenders, the amount paid by Bank each Lender with respect to such Letter of Credit; ; (bii) immediately upon demand of BankAgent, the amount of any draft presented purporting to be drawn under such Letter of Credit provided that the draft and accompanying documents conform to the terms of the Letter of Credit but subject to the terms of Paragraph 2A.7 (whether or not Agent has at such time honored such draft) and any other amounts paid thereunder (it being understood that Bank Agent is not required to make demand upon or proceed against any Lender or other party or to resort to any Collateral before obtaining payment from BorrowersBorrower); ; (ciii) on the date of issuance of each Letter of Credit and on the effective date of any renewal or extension of any Letter of Credit a fee of one-eighth of one percent (1/8%) of the outstanding face amount of such Letter of Credit, payable to Agent for its own account; (iv) quarterly in arrears a non-refundable fee for the benefit of Lenders in accordance with each Lender's percentage share of the Revolving Credit Commitment as set forth on the last Business Day of each March, June, September and December, a fee calculated on the average outstanding amount of all documentary and standby Letters of Credit for such period Schedule 1 attached hereto at a rate per annum equal to one and one-eighth the Applicable Margin with respect to Libor Portions under the Revolving Credit Loan on the outstanding face amount of one percent (1 1/8%) together with any such Letter of Credit fees customarily charged by Bank; Credit; and (dv) interest on any Indebtedness indebtedness outstanding with respect to such Letter of Credit, whether for funds paid on drafts on such Letter of Credit Credit, or otherwise (but such indebtedness shall not include undrawn balances of such Letter of Credit issued hereunder) at the rate set forth in applicable to Base Rate Portions under the Revolving Credit Loan under Paragraph 2.5 (a) (i)(A2.6(a)(i)(A) hereof from the date of payment by Bank Agent or Lenders (if not reimbursed by Borrowers Borrower on the same day) to the date one (1) Business Day after notice to Borrowers Borrower of such payment, and thereafter at the rate applicable to Portions bearing interest based on the such Base Rate Portions under Paragraph 2.5(a)(ii2.6(a)(ii) hereof; interest . Interest under this subparagraph the preceding clause (dv) shall be paid at the times and in the manner set forth in Paragraph 2.5 2.6 hereof, and shall accrue on amounts paid on a Letter of Credit (if not reimbursed by Borrowers Borrower on the same day) from the date of payment by BankAgent or Lenders, whether or not demand is made, until such amounts are reimbursed by Borrowers Borrower whether before, at or after demand. (eb) On or before the Termination Date, in the absence of a Default or Event of Default at such timeDefault, and subject to the provisions of Paragraph 2.6 2.7 hereof, Bank Lenders hereby agrees agree to advance funds to Borrowers Borrower under the Revolving Credit Loan to make the payments required under Paragraphs 2A.4(a2A.4(a)(i) and (bii) hereof. If any payment by Bank the Agent of a draft drawn under a Letter of Credit is for any reason (including without limitation the occurrence or continuation of a Default or Event of Default hereunder) not reimbursed prior to or on the date of such payment, the amount of such payment shall thereupon be deemed for purposes hereof an Advance advance under Paragraph 2.62.7 hereof. Such reimbursement obligation shall be repayable, prepayable, and otherwise subject to all the terms and conditions thereof as if advanced by Lenders pursuant to Paragraph 2.7 hereof (but without duplication).

Obligations of the Borrower. Borrowers agree (a) Borrower agrees to pay to Bank Agent in connection with each Letter of Credit issued hereunder: : (ai) immediately upon the demand of BankAgent on behalf of all Lenders, the amount paid by Bank each Lender with respect to such Letter of Credit; ; (bii) immediately upon demand of BankAgent, the amount of any draft presented purporting to be drawn under such Letter of Credit provided that the draft and accompanying documents conform to the terms of the Letter of Credit but subject to the terms of Paragraph 2A.7 (whether or not Agent has at such time honored such draft) and any other amounts paid thereunder (it being understood that Bank Agent is not required to make demand upon or proceed against any Lender or other party or to resort to any Collateral before obtaining payment from BorrowersBorrower); ; (ciii) on the date of issuance of each Letter of Credit and on the effective date of any renewal or extension of any Letter of Credit a fee of one-eighth of one percent (1/8%) of the outstanding face amount of such Letter of Credit, payable to Agent for its own account; (iv) quarterly in arrears a non refundable fee for the benefit of Lenders in accordance with each Lender's percentage share of the Revolving Credit Commitment as set forth on the last Business Day of each March, June, September and December, a fee calculated on the average outstanding amount of all documentary and standby Letters of Credit for such period Schedule 1 attached hereto at a rate per annum equal to one and one-eighth the Applicable Margin with respect to Libor Portions under the Revolving Credit Loan on the outstanding face amount of one percent (1 1/8%) together with any such Letter of Credit fees customarily charged by Bank; Credit; and (dv) interest on any Indebtedness indebtedness outstanding with respect to such Letter of Credit, whether for funds paid on drafts on such Letter of Credit Credit, or otherwise (but such indebtedness shall not include undrawn balances of such Letter of Credit issued hereunder) at the rate set forth in applicable to Base Rate Portions under the Revolving Credit Loan under Paragraph 2.5 (a) (i)(A2.6(a)(i)(A) hereof from the date of payment by Bank Agent or Lenders (if not reimbursed by Borrowers Borrower on the same day) to the date one (1) Business Day after notice to Borrowers Borrower of such payment, and thereafter at the rate applicable to Portions bearing interest based on the such Base Rate Portions under Paragraph 2.5(a)(ii2.6(a)(ii) hereof; interest . Interest under this subparagraph the preceding clause (dv) shall be paid at the times and in the manner set forth in Paragraph 2.5 2.6 hereof, and shall accrue on amounts paid on a Letter of Credit (if not reimbursed by Borrowers Borrower on the same day) from the date of payment by BankAgent or Lenders, whether or not demand is made, until such amounts are reimbursed by Borrowers Borrower whether before, at or after demand. (eb) On or before the Termination Date, in the absence of a Default or Event of Default at such timeDefault, and subject to the provisions of Paragraph 2.6 2.7 hereof, Bank Lenders hereby agrees agree to advance funds to Borrowers Borrower under the Revolving Credit Loan to make the payments required under Paragraphs 2A.4(a2A.4(a)(i) and (bii) hereof. If any payment by Bank the Agent of a draft drawn under a Letter of Credit is for any reason (including without limitation the occurrence or continuation of a Default or Event of Default hereunder) not reimbursed prior to or on the date of such payment, the amount of such payment shall thereupon be deemed for purposes hereof an Advance advance under Paragraph 2.62.7

Obligations of the Borrower. Borrowers agree to pay to Bank in --------------------------- connection with each Letter of Credit issued hereunder: (a) immediately upon the demand of Bank, the amount paid by Bank with respect to such Letter of Credit; (b) immediately upon demand of Bank, the amount of any draft presented purporting to be drawn under such Letter of Credit provided that the draft and accompanying documents conform to the terms of the Letter of Credit but subject to the terms of Paragraph 2A.7 2A.6 and any other amounts paid thereunder (it being understood that Bank is not required to make demand upon or proceed against any other party or to resort to any Collateral before obtaining payment from Borrowers); (c) quarterly in arrears on the last Business Day of each March, June, September and December, : (i) a fee calculated on the average outstanding amount of all documentary Letters of Credit for such period at a rate per annum equal to one percent (1%) and (ii) a fee calculated on the average outstanding amount of all standby Letters of Credit for such period at a rate per annum equal to one and one-eighth of one three fourths percent (1 1/83/4%) per annum, together with any Letter of Credit fees customarily charged by Bank; (d) interest on any Indebtedness outstanding with respect to such Letter of Credit, whether for funds paid on drafts on such Letter of Credit or otherwise (but such indebtedness shall not include undrawn balances of such Letter of Credit issued hereunder) at the rate set forth in Paragraph 2.5 (a) (i)(A) hereof from the date of payment by Bank (if not reimbursed by Borrowers on the same day) to the date one (1) Business Day after notice to Borrowers of such payment, and thereafter at the rate applicable to Portions bearing interest based on the Base Rate under Paragraph 2.5(a)(ii) hereof; interest under this subparagraph (d) shall be paid at the times and in the manner set forth in Paragraph 2.5 hereof, and shall accrue on amounts paid on a Letter of Credit (if not reimbursed by Borrowers on the same day) from the date of payment by Bank, whether or not demand is made, until such amounts are reimbursed by Borrowers whether before, at or after demand. (e) On or before the Termination Date, in the absence of a Default or Event of Default at such time, and subject to the provisions of Paragraph 2.6 hereof, Bank hereby agrees to advance funds to Borrowers under the Loan to make the payments required under Paragraphs 2A.4(a) and (b) hereof. If any payment by Bank of a draft drawn under a Letter of Credit is for any reason (including without limitation the occurrence or continuation of a Default or Event of Default hereunder) not reimbursed prior to or on the date of such payment, the amount of such payment shall thereupon be deemed for purposes hereof an Advance under Paragraph 2.6the

Obligations of the Borrower. Borrowers agree (a) Borrower agrees to pay to Bank Agent in connection with each Letter of Credit issued hereunder: : (ai) immediately upon the demand of BankAgent on behalf of all Banks, the amount paid by Agent or any Bank with respect to such Letter of Credit; ; (bii) immediately upon demand of BankAgent, the amount of any draft presented purporting to be drawn under such Letter of Credit provided that the draft and accompanying documents conform to the terms of the Letter of Credit but subject to the terms of Paragraph 2A.7 (whether or not Agent has at such time honored such draft) and any other amounts paid thereunder (it being understood that Bank Agent is not required to make demand upon or proceed against any Bank or other party or to resort to any Collateral before obtaining payment from BorrowersBorrower); ; (ciii) quarterly in arrears on the last Business Day first day of each March, June, September September, December and DecemberMarch, a fee for the benefit of Banks in accordance with each Bank's Pro Rata Share of the Revolving Commitment, calculated on the average outstanding face amount and term of all documentary and standby Letters such Letter of Credit for such period at a rate per annum equal to one the Applicable Margin for a Portion bearing interest based on the Adjusted Libor Rate, as set forth in Paragraph 2.6 hereof, as in effect upon the issuance or renewal of the Letter of Credit, as applicable; (iv) on the date of issuance of each Letter of Credit and on the effective date of any renewal or extension of any Letter of Credit a fee of one-eighth of one percent (1 1/80.125%) together with any per annum on the outstanding face amount of such Letter of Credit fees customarily charged by Bank; Credit, payable to Agent for its own account, and (dv) interest on any Indebtedness indebtedness outstanding with respect to such Letter of Credit, whether for funds paid on drafts on such Letter of Credit Credit, or otherwise (but such indebtedness shall not include undrawn balances of such Letter of Credit issued hereunder) at the rate set forth in Paragraph 2.5 (a) (i)(A2.6(b)(i)(A) hereof from the date of payment by Bank Agent (if not reimbursed by Borrowers Borrower on the same day) to the date one (1) Business Day after notice to Borrowers Borrower of such payment, and thereafter at the rate applicable to Portions bearing interest based on the Base Rate under Paragraph 2.5(a)(ii2.6(b)(ii) hereof; interest . Interest under this subparagraph the preceding clause (dv) shall be paid at the times and in the manner set forth in Paragraph 2.5 2.6 hereof, and shall accrue on amounts paid on a Letter of Credit (if not reimbursed by Borrowers Borrower on the same day) from the date of payment by BankAgent, whether or not demand is made, until such amounts are reimbursed by Borrowers Borrower whether before, at or after demand. (eb) On or before the Revolving Commitment Termination Date, in the absence of a Default or Event of Default at such time, and subject to the provisions of Paragraph 2.6 2.7 hereof, Bank Banks severally hereby agrees agree to advance funds to Borrowers Borrower under the Revolving Loan to make the payments required under Paragraphs 2A.4(a2A.4(a)(i) and (bii) hereof. If any payment by Bank the Agent of a draft drawn under a Letter of Credit is for any reason (including without limitation the occurrence or continuation of a Default or Event of Default hereunder) not reimbursed prior to or on the date of such payment, the amount of such payment shall thereupon be deemed for purposes hereof an Advance advance under Paragraph 2.62.7

Obligations of the Borrower. Borrowers agree (a) Borrower agrees to pay to Bank Administrative Agent in connection with each Letter of Credit issued hereunder: : (ai) immediately upon the demand of BankAdministrative Agent on behalf of all Banks, the amount paid by each Bank with respect to such Letter of Credit; ; (bii) immediately upon demand of BankAdministrative Agent, the amount of any draft presented purporting to be drawn under such Letter of Credit provided that the draft and accompanying documents conform to the terms of the Letter of Credit but subject to the terms of Paragraph 2A.7 (whether or not Administrative Agent has at such time honored such draft) and any other amounts paid thereunder (it being understood that Bank Administrative Agent is not required to make demand upon or proceed against any Bank or other party or to resort to any Collateral before obtaining payment from BorrowersBorrower); ; (ciii) quarterly in arrears on the last Business Day date of issuance of each March, June, September Letter of Credit and December, a fee calculated on the average outstanding amount effective date of all documentary and standby Letters any extension or renewal of Credit for such period at a rate per annum equal to one and one-eighth of one percent (1 1/8%) together with any Letter of Credit fees customarily charged a non-refundable fee for the benefit of Banks in accordance with each Bank's percentage share of the Commitment as set forth on Schedule 1 attached hereto, calculated on the face amount of such Letter of Credit in the following amounts: (A) a standard issuance charge determined by Bank; the Administrative Agent plus the Applicable Libor Margin for the period during which the Letter of Credit is to be outstanding plus (dB) a twenty-five basis points fronting fee payable to Administrative Agent; (iv) interest on any Indebtedness indebtedness outstanding with respect to such Letter of Credit, whether for funds paid on drafts on such Letter of Credit Credit, or otherwise (but such indebtedness shall not include undrawn balances of such Letter of Credit issued hereunder) at the rate set forth in applicable to Base Rate Portions under Paragraph 2.5 (a) (i)(A2.6(b)(i)(A) hereof from the date of payment by Bank Administrative Agent (if not reimbursed by Borrowers Borrower on the same day) to the date one (1) Business Day after notice to Borrowers Borrower of such payment, and thereafter at the rate applicable to Portions bearing interest based on the Base Rate Portions under Paragraph 2.5(a)(ii2.6(b) hereof; interest . Interest under this subparagraph the preceding clause (div) shall be paid at the times and in the manner set forth in Paragraph 2.5 2.6 hereof, and shall accrue on amounts paid on a Letter of Credit (if not reimbursed by Borrowers Borrower on the same day) from the date of payment by BankAdministrative Agent, whether or not demand is made, until such amounts are reimbursed by Borrowers Borrower whether before, at or after demand. (eb) On or before the Termination Final Maturity Date, in the absence of a Default or Event of Default at such timeDefault, and subject to the provisions of Paragraph 2.6 2.7 hereof, Bank Banks hereby agrees agree to advance funds to Borrowers Borrower under the Loan to make the payments required under Paragraphs 2A.4(a2A.4(a)(i) and (bii) hereof. If any payment by Bank the Administrative Agent of a draft drawn under a Letter of Credit is for any reason (including without limitation the occurrence or continuation of a Default or Event of Default hereunder) not reimbursed prior to or on the date of such payment, the amount of such payment shall thereupon be deemed for purposes hereof an Advance under Paragraph 2.62.7 hereof but payable upon the demand of Administrative Agent at the direction of Required Banks. Such demand reimbursement obligation shall be otherwise subject to all the terms and conditions thereof as if advanced by Banks pursuant to Paragraph 2.7 hereof (but without duplication).

Obligations of the Borrower. Borrowers agree (a) Borrower agrees to pay to Bank Agent in connection with each Letter of Credit issued hereunder: : (ai) immediately upon the demand of BankAgent on behalf of all Lenders, the amount paid by Bank each Lender with respect to such Letter of Credit; ; (bii) immediately upon demand of BankAgent, the amount of any draft presented purporting to be drawn under such Letter of Credit provided that the draft and accompanying documents conform to the terms of the Letter of Credit but subject to the terms of Paragraph 2A.7 (whether or not Agent has at such time honored such draft) and any other amounts paid thereunder (it being understood that Bank Agent is not required to make demand upon or proceed against any Lender or other party or to resort to any Collateral before obtaining payment from BorrowersBorrower); ; (ciii) on the date of issuance of each Letter of Credit and on the effective date of any renewal or extension of any Letter of Credit a fee of one-eighth of one percent (y%) of the outstanding face amount of such Letter of Credit, payable to Agent for its own account; (iv) quarterly in arrears a non-refundable fee for the benefit of Lenders in accordance with each Lender's percentage share of the Revolving Credit Commitment as set forth on the last Business Day of each March, June, September and December, a fee calculated on the average outstanding amount of all documentary and standby Letters of Credit for such period Schedule 1 attached hereto at a rate per annum equal to one and one-eighth the Applicable Margin with respect to Libor Portions under the Revolving Credit Loan on the outstanding face amount of one percent (1 1/8%) together with any such Letter of Credit fees customarily charged by Bank; Credit; and (dv) interest on any Indebtedness indebtedness outstanding with respect to such Letter of Credit, whether for funds paid on drafts on such Letter of Credit Credit, or otherwise (but such indebtedness shall not include undrawn balances of such Letter of Credit issued hereunder) at the rate set forth in applicable to Base Rate Portions under the Revolving Credit Loan under Paragraph 2.5 (a) (i)(A2.6(a)(i)(A) hereof from the date of payment by Bank Agent or Lenders (if not reimbursed by Borrowers Borrower on the same day) to the date one (1) Business Day after notice to Borrowers Borrower of such payment, and thereafter at the rate applicable to Portions bearing interest based on the such Base Rate Portions under Paragraph 2.5(a)(ii2.6(a)(ii) hereof; interest . Interest under this subparagraph the preceding clause (dv) shall be paid at the times and in the manner set forth in Paragraph 2.5 2.6 hereof, and shall accrue on amounts paid on a Letter of Credit (if not reimbursed by Borrowers Borrower on the same day) from the date of payment by BankAgent or Lenders, whether or not demand is made, until such amounts are reimbursed by Borrowers Borrower whether before, at or after demand. (eb) On or before the Termination Date, in the absence of a Default or Event of Default at such timeDefault, and subject to the provisions of Paragraph 2.6 2.7 hereof, Bank Lenders hereby agrees agree to advance funds to Borrowers Borrower under the Revolving Credit Loan to make the payments required under Paragraphs 2A.4(a2A.4(a)(i) and (bii) hereof. If any payment by Bank the Agent of a draft drawn under a Letter of Credit is for any reason (including without limitation the occurrence or continuation of a Default or Event of Default hereunder) not reimbursed prior to or on the date of such payment, the amount of such payment shall thereupon be deemed for purposes hereof an Advance advance under Paragraph 2.62.7