Common use of Overall facility limits Clause in Contracts

Overall facility limits. (a) The Swingline Facility is not independent of the Revolving Credit Facility. The aggregate Original Euro Amount of all outstanding Advances (including Swingline Advances) under: (i) the Revolving Credit Facility, shall not at any time exceed the Total Commitments at that time; and (ii) the Swingline Facility, shall not at any time exceed the Swingline Total Commitments at that time. (b) The aggregate Original Euro Amount of: (i) the participations of a Lender in Revolving Credit Advances plus that Lender’s and, if applicable, that Lender’s Swingline Affiliate’s (if any), participations in outstanding Swingline Advances shall not at any time exceed that Lender’s Revolving Credit Commitment at that time; and (ii) the participations of a Swingline Lender in Swingline Advances shall not at any time exceed that Swingline Lender’s Swingline Commitment at that time. (c) If, in respect of any Revolving Credit Advance, the operation of Clause 5.4 (Amount of each Lender’s participation in an Advance) would otherwise have caused a Lender (the “Affected Lender”) to breach sub-paragraph (b)(i) above then: (i) each Affected Lender will participate in the relevant Revolving Credit Advance only to the extent that the Original Euro Amount of its participation in that Revolving Credit Advance (when aggregated with the Original Euro Amount of its and, if applicable, that Lender’s Swingline Affiliate’s (if any), participations in other outstanding Revolving Credit Advances and Swingline Advances) will not exceed its Revolving Credit Commitment; and (ii) each other non-Affected Lender’s participation in that Revolving Credit Advance will be recalculated in accordance with Clause 5.4 (Amount of each Lender’s participation in an Advance), but, for the purpose of the recalculation, the Affected Lenders’ Revolving Credit Commitments will be deducted from the Total Commitments and the amount of the Affected Lenders’ participations in that Revolving Credit Advance (if any) will be deducted from the requested amount of the Revolving Credit Advance.

Overall facility limits. (a) The Swingline Facility is not independent of the Revolving Credit Facility. The aggregate Original Euro Dollar Amount of all outstanding Advances (including Swingline Advances) under: (i) the Revolving Credit Facility, shall not at any time exceed the Total Commitments at that time; and (ii) the Swingline Facility, shall not at any time exceed the Swingline Total Commitments at that time. (b) The aggregate Original Euro Dollar Amount of: (i) the participations of a Lender in Revolving Credit Advances plus that Lender’s and, if applicable, that Lender’s Swingline Affiliate’s (if any), participations in outstanding Swingline Advances shall not at any time exceed that Lender’s Revolving Credit Commitment at that time; and (ii) the participations of a Swingline Lender in Swingline Advances shall not at any time exceed that Swingline Lender’s Swingline Commitment at that time. (c) If, in respect of any Revolving Credit Advance, the operation of Clause 5.4 (Amount of each Lender’s participation in an Advance) would otherwise have caused a Lender (the “Affected Lender”) to breach sub-paragraph (b)(i) above then: (i) each Affected Lender will participate in the relevant Revolving Credit Advance only to the extent that the Original Euro Dollar Amount of its participation in that Revolving Credit Advance (when aggregated with the Original Euro Dollar Amount of its and, if applicable, that Lender’s Swingline Affiliate’s (if any), participations in other outstanding Revolving Credit Advances and Swingline Advances) will not exceed its Revolving Credit Commitment; and (ii) each other non-Affected Lender’s participation in that Revolving Credit Advance will be recalculated in accordance with Clause 5.4 (Amount of each Lender’s participation in an Advance), but, for the purpose of the recalculation, the Affected Lenders’ Revolving Credit Commitments will be deducted from the Total Commitments and the amount of the Affected Lenders’ participations in that Revolving Credit Advance (if any) will be deducted from the requested amount of the Revolving Credit Advance.

Overall facility limits. (a) The Swingline Facility is not independent of the Revolving Credit Facility. The aggregate Original Euro Dollar Amount of all outstanding Advances (including Swingline Advances) under: (i) under the Revolving Credit Facility, shall not at any time exceed the Total Commitments at that time; and (ii) the Swingline Facility, shall not at any time exceed the Swingline Total Commitments at that time.. Back to Contents (b) The aggregate Original Euro Dollar Amount of: (i) of the participations of a Lender in Revolving Credit Advances plus that Lender’s and, if applicable, that Lender’s Swingline Affiliate’s (if any), participations in outstanding Swingline Advances shall not at any time exceed that Lender’s Revolving Credit Commitment at that time; and (ii) the participations of a Swingline Lender in Swingline Advances shall not at any time exceed that Swingline Lender’s Swingline Commitment at that time. (c) If, in respect of any Revolving Credit Advance, the operation of Clause 5.4 5.3 (Amount of each Lender’s participation in an Advance) would otherwise have caused a Lender (the “Affected Lender”) to breach sub-paragraph (b)(ib) above then: (i) each Affected Lender will participate in the relevant Revolving Credit Advance only to the extent that the Original Euro Dollar Amount of its participation in that Revolving Credit Advance (when aggregated with the Original Euro Dollar Amount of its and, if applicable, that Lender’s Swingline Affiliate’s (if any), participations in other outstanding Revolving Credit Advances and Swingline Advances) will not exceed its Revolving Credit Commitment; and (ii) each other non-Affected Lender’s participation in that Revolving Credit Advance will be recalculated in accordance with Clause 5.4 5.3 (Amount of each Lender’s participation in an Advance), but, for the purpose of the recalculation, the Affected Lenders’ Revolving Credit Commitments will be deducted from the Total Commitments and the amount of the Affected Lenders’ participations in that Revolving Credit Advance (if any) will be deducted from the requested amount of the Revolving Credit Advance.

Overall facility limits. (a) The Swingline Facility is not independent of the Revolving Credit Facility. The aggregate Original Euro Dollar Amount of all outstanding Advances (including Swingline Advances) under: (i) the Revolving Credit Facility, shall not at any time exceed the Total Commitments at that time; and (ii) the Swingline Facility, shall not at any time exceed the Swingline Total Commitments at that time. (b) The aggregate Original Euro Dollar Amount of: (i) the participations of a Lender in Revolving Credit Advances plus that Lender’s 's and, if applicable, that Lender’s 's Swingline Affiliate’s 's (if any), participations in outstanding Swingline Advances shall not at any time exceed that Lender’s 's Revolving Credit Commitment at that time; and (ii) the participations of a Swingline Lender in Swingline Advances shall not at any time exceed that Swingline Lender’s 's Swingline Commitment at that time. (c) If, in respect of any Revolving Credit Advance, the operation of Clause 5.4 (Amount of each Lender’s 's participation in an Advance) would otherwise have caused a Lender (the “Affected "affected Lender”") to breach sub-paragraph (b)(i) above then: (i) each Affected affected Lender will participate in the relevant Revolving Credit Advance only to the extent that the Original Euro Dollar Amount of its participation in that Revolving Credit Advance (when aggregated with the Original Euro Dollar Amount of its and, if applicable, that Lender’s 's Swingline Affiliate’s 's (if any), participations in other outstanding Revolving Credit Advances and Swingline Advances) will not exceed its Revolving Credit Commitment; and (ii) each other non-Affected affected Lender’s 's participation in that Revolving Credit Advance will be recalculated in accordance with Clause 5.4 (Amount of each Lender’s 's participation in an Advance), but, for the purpose of the recalculation, the Affected affected Lenders’ ' Revolving Credit Commitments will be deducted from the Total Commitments and the amount of the Affected affected Lenders’ ' participations in that Revolving Credit Advance (if any) will be deducted from the requested amount of the Revolving Credit Advance.

Overall facility limits. (a) The Swingline Facility is not independent of the Revolving Credit Facility. The aggregate Original Euro Dollar Amount of all outstanding Advances (including Swingline Advances) under: (i) the Revolving Credit Facility, shall not at any time exceed the Total Commitments at that time; and (ii) the Swingline Facility, shall not at any time exceed the Swingline Total Commitments at that time. (b) The aggregate Original Euro Dollar Amount of: (i) the participations of a Lender in Revolving Credit Advances plus that Lender’s and, if applicable, that Lender’s Swingline Affiliate’s (if any), participations in outstanding Swingline Advances shall not at any time exceed that Lender’s Revolving Credit Commitment at that time; and (ii) the participations of a Swingline Lender in Swingline Advances shall not at any time exceed that Swingline Lender’s Swingline Commitment at that time. (c) If, in respect of any Revolving Credit Advance, the operation of Clause 5.4 (Amount of each Lender’s participation in an Advance) would otherwise have caused a Lender (the “Affected affected Lender”) to breach sub-paragraph (b)(i) above then: (i) each Affected affected Lender will participate in the relevant Revolving Credit Advance only to the extent that the Original Euro Dollar Amount of its participation in that Revolving Credit Advance (when aggregated with the Original Euro Dollar Amount of its and, if applicable, that Lender’s Swingline Affiliate’s (if any), participations in other outstanding Revolving Credit Advances and Swingline Advances) will not exceed its Revolving Credit Commitment; and (ii) each other non-Affected affected Lender’s participation in that Revolving Credit Advance will be recalculated in accordance with Clause 5.4 (Amount of each Lender’s participation in an Advance), but, for the purpose of the recalculation, the Affected affected Lenders’ ' Revolving Credit Commitments will be deducted from the Total Commitments and the amount of the Affected affected Lenders’ ' participations in that Revolving Credit Advance (if any) will be deducted from the requested amount of the Revolving Credit Advance.. Back to Index

Overall facility limits. (a) The Swingline aggregate amount of all outstanding Facility is D1 Advances shall not independent at any time exceed the Total Facility D1 Commitments. (b) The aggregate amount of all outstanding Facility D2 Advances shall not at any time exceed the Revolving Credit Facility. Total Facility D2 Commitments. (c) The aggregate amount of all outstanding Facility D3 Advances shall not at any time exceed the Total Facility D3 Commitments; (d) The aggregate amount of all outstanding Facility D4 Advances shall not at any time exceed the Total Facility D4 Commitments. (e) The aggregate amount of all outstanding Facility D5 Advances shall not at any time exceed the Total Facility D5 Commitments. (f) The aggregate Original Euro Amount of all outstanding Additional Facility Advances (including Swingline Advances) under: (i) the Revolving Credit Facility, under an Additional Facility shall not at any time exceed the Total Additional Facility Commitments at for that time; and (ii) the Swingline Additional Facility, shall not at any time exceed the Swingline Total Commitments at that time. (bg) The aggregate Original Euro Amount amount of: (i) the participations of a Lender in Revolving Credit Advances plus that Lender’s and, if applicable, that Lender’s Swingline Affiliate’s (if any), participations in outstanding Swingline Facility D1 Advances shall not at any time exceed that Lender’s Revolving Credit 's Facility D1 Commitment at that time; (ii) the participations of a Lender in Facility D2 Advances shall not at any time exceed that Lender's Facility D2 Commitment at that time; (iii) the participations of a Lender in Facility D3 Advances shall not at any time exceed that Lender's Facility D3 Commitment at that time; (iv) the participations of a Lender in Facility D4 Advances shall not at any time exceed that Lender's Facility D4 Commitment at that time; and (iiv) the participations of a Swingline Lender in Swingline Facility D5 Advances shall not at any time exceed that Swingline Lender’s Swingline 's Facility D5 Commitment at that time. (ch) If, in respect of any Revolving Credit Advance, the operation of Clause 5.4 (Amount of each Lender’s participation in an Advance) would otherwise have caused a Lender (the “Affected Lender”) to breach sub-paragraph (b)(i) above then: (i) each Affected Lender will participate in the relevant Revolving Credit Advance only to the extent that the The aggregate Original Euro Amount of its participation the participations of a Lender in that Revolving Credit Advance (when aggregated with the Original Euro Amount of its and, if applicable, Additional Facility Advances under an Additional Facility shall not at any time exceed that Lender’s Swingline Affiliate’s (if any), participations in other outstanding Revolving Credit Advances and Swingline Advances) will not exceed its Revolving Credit Commitment; and (ii) each other non-Affected Lender’s participation in 's Additional Facility Commitment for that Revolving Credit Advance will be recalculated in accordance with Clause 5.4 (Amount of each Lender’s participation in an Advance), but, for the purpose of the recalculation, the Affected Lenders’ Revolving Credit Commitments will be deducted from the Total Commitments and the amount of the Affected Lenders’ participations in Additional Facility at that Revolving Credit Advance (if any) will be deducted from the requested amount of the Revolving Credit Advancetime.

Overall facility limits. (a) The Swingline Facility is not independent of the Revolving Credit Facility. The aggregate Original Euro Dollar Amount of all outstanding Advances (including Swingline Advances) under: (i) the Revolving Credit Facility, shall not at any time exceed the Total Commitments at that time; and (ii) the Swingline Facility, shall not at any time exceed the Swingline Total Commitments at that time. (b) The aggregate Original Euro Dollar Amount of: (i) the participations of a Lender in Revolving Credit Advances plus that Lender’s and, if applicable, that Lender’s Swingline Affiliate’s (if any), participations in outstanding Swingline Advances shall not at any time exceed that Lender’s Revolving Credit Commitment at that time; and (ii) the participations of a Swingline Lender in Swingline Advances shall not at any time exceed that Swingline Lender’s Swingline Commitment at that time. (c) If, in respect of any Revolving Credit Advance, the operation of Clause 5.4 (Amount of each Lender’s participation in an Advance) would otherwise have caused a Lender (the “Affected Lender”) to breach sub-paragraph (b)(i) above then: (i) each Affected Lender will participate in the relevant Revolving Credit Advance only to the extent that the Original Euro Dollar Amount of its participation in that Revolving Credit Advance (when aggregated with the Original Euro Dollar Amount of its and, if applicable, that Lender’s Swingline Affiliate’s (if any), participations in other outstanding Revolving Credit Advances and Swingline Advances) will not exceed its Revolving Credit Commitment; and (ii) each other non-Affected Lender’s participation in that Revolving Credit Advance will be recalculated in accordance with Clause 5.4 (Amount of each Lender’s participation in an Advance), but, for the purpose of the recalculation, the Affected Lenders’ Revolving Credit Commitments will be deducted from the Total Commitments and the amount of the Affected Lenders’ participations in that Revolving Credit Advance (if any) will be deducted from the requested amount of the Revolving Credit Advance.