Common use of Payments as Revolving Loans Clause in Contracts

Payments as Revolving Loans. At the election of the Administrative Agent, all payments of principal, interest, reimbursement obligations in connection with Letters of Credit, fees, premiums, reimbursable expenses (including all reimbursement for expenses pursuant to Section 15.7), other sums payable under the Loan Documents, and any and all amounts equal to the excess of checks and other items presented to BofA for payment against the Funding Account or any other Deposit Account maintained by a Borrower with BofA in an amount greater than the then available balance in such Deposit Account may be paid with the proceeds of Revolving Loans made hereunder whether made following a request for such purpose by the Borrowers pursuant to Section 2.2 or pursuant to a deemed request as provided in this Section 4.5. The Borrowers hereby irrevocably authorize the Administrative Agent to charge the Loan Account for the purpose of paying all amounts from time to time due under the Loan Documents (including as described in this Section 4.5) and agree that all such amounts charged shall constitute Revolving Loans (including Non-Ratable Loans and Agent Advances) and that all such Revolving Loans shall be deemed to have been requested pursuant to Section 2.2; provided that, except as set forth in the succeeding sentence, so long as no Event of Default exists, the Administrative Agent shall not charge the Loan Account for expenses until 10 days have elapsed since the Administrative Agent has sent an invoice therefor to Xxxxx. In the event the Collateral Agent is required to make any payment to Xxxxx Fargo Bank, N.A. (“WFB”) pursuant to the payoff letter delivered by WFB to Xxxxx and the Collateral Agent on the Original Closing Date with respect to that certain Credit and Security Agreement, dated as of July 25, 2003, the Administrative Agent shall immediately charge the Loan Account for the purpose of reimbursing the Collateral Agent for all such payments and all such amounts charged shall constitute Revolving Loans.

Payments as Revolving Loans. At the election of the Administrative Agent, all All payments of principal, interest, reimbursement obligations in connection with Letters of Credit, fees, premiumspremiums and other sums payable hereunder, reimbursable expenses (including all reimbursement for expenses pursuant to Section 15.7), other sums payable under may, at the Loan Documentsoption of the Agent, and any and all amounts equal in its sole discretion, subject only to the excess terms of checks and other items presented to BofA for payment against the Funding Account or any other Deposit Account maintained by a Borrower with BofA in an amount greater than the then available balance in such Deposit Account may this Section 4.4, be paid with from the proceeds of Revolving Loans made hereunder hereunder, whether made following a request for such purpose by the Borrowers Borrower pursuant to Section 2.2 or pursuant to a deemed request as provided in this Section 4.54.4. [The Borrowers Borrower hereby irrevocably authorize authorizes the Administrative Agent to charge the Loan Account for the purpose of paying all amounts from time principal, interest, reimbursement obligations in connection with Letters of Credit, fees, premiums and other sums payable hereunder, including reimbursing expenses pursuant to time due under the Loan Documents (including as described in this Section 4.5) 15.7, and agree agrees that all such amounts charged shall constitute Revolving Loans (including Non-Ratable BABC Loans and Agent Advances) and that all such Revolving Loans so made shall be deemed to have been requested by Borrower pursuant to Section 2.2; provided that. Notwithstanding this Section 4.4, except if no Base Rate Loans are outstanding as set forth in of the succeeding sentenceclose of business on the date that any (i) fees payable hereunder, so long as no Event of Default existsincluding the Facility Fee, the Administrative Unused Line Fee, the Letter of Credit Fee, the Collateral Management Fee and the Foreign Exchange Risk Fee, (ii) amounts payable under Article 5, (iii) indemnity payments to Section 15.11 and (iv) reimbursement for expenses pursuant to Section 15.7(e), (g) and (h), are due from any Borrower, the Agent shall not charge notify the Loan Borrower of the aggregate amount of such sums then owing by the Borrower and provided that the Borrower pays such amount into the Agent's Account for expenses until 10 days by federal wire transfer by the next Business Day following delivery of such notice, then such payment shall be deemed to have elapsed since the Administrative Agent has sent an invoice therefor to Xxxxx. In the event the Collateral Agent is required to make any payment to Xxxxx Fargo Bank, N.A. (“WFB”) pursuant to the payoff letter delivered by WFB to Xxxxx and the Collateral Agent been paid on the Original Closing Date with respect to that certain Credit date of such notice and Security Agreement, dated as of July 25, 2003, the Administrative Agent no interest on such amount shall immediately charge the Loan Account for the purpose of reimbursing the Collateral Agent for all such payments and all such amounts charged shall constitute Revolving Loansaccrue.

Payments as Revolving Loans. At the election of the Administrative Agent, all All payments of principal, interest, reimbursement obligations in connection with Letters of Credit, fees, premiumspremiums and other sums payable hereunder, reimbursable expenses (including all reimbursement for expenses pursuant to Section 15.7)14.6, other sums payable under may, at the Loan Documentsoption of the Agent, and any and all amounts equal in its sole discretion, subject only to the excess terms of checks and other items presented to BofA for payment against the Funding Account or any other Deposit Account maintained by a Borrower with BofA in an amount greater than the then available balance in such Deposit Account may this Section 4.7, be paid with from the proceeds of Revolving Loans made hereunder hereunder, whether made following a request for such purpose by the Borrowers a Borrower pursuant to Section 2.2 or pursuant to a deemed request as provided in this Section 4.54.7. The Borrowers Each Borrower hereby irrevocably authorize authorizes the Administrative Lenders to make Revolving Loans (including Settlement Loans by BABC or Agent to charge Advances by the Loan Account Agent), upon notice from the Agent as described in the next succeeding sentence, for the purpose of paying all amounts from time principal, interest, reimbursement obligations in connection with Letters of Credit, fees, premiums and other sums payable hereunder, including reimbursing expenses pursuant to time due under the Loan Documents (including as described in this Section 4.5) 14.6, and agree that all such amounts charged shall constitute Revolving Loans (including Non-Ratable Loans and Agent Advances) and agrees that all such Revolving Loans so made shall be deemed to have been requested by it pursuant to Section 2.2; provided that, except as set forth of the date of the aforementioned notice. The Agent shall request Revolving Loans on behalf of any Borrower as described in the succeeding sentenceimmediately preceding sentence by notifying the Lenders (or BABC, so long in the case of a Settlement Loan) and the Parent, by telecopy, telephone or other similar form of transmission, of the amount and Funding Date of the requested Borrowing and that such Borrowing is being requested on the applicable Borrower's behalf pursuant to this Section 4.7. On the requested Funding Date, as no Event of Default existsapplicable, the Administrative Agent shall not charge Lenders will make the Loan Account for expenses until 10 days have elapsed since requested Revolving Loans in accordance with the Administrative Agent has sent an invoice therefor to Xxxxx. In the event the Collateral Agent is required to make any payment to Xxxxx Fargo Bank, N.A. (“WFB”) pursuant procedures and subject to the payoff letter delivered by WFB to Xxxxx and the Collateral Agent on the Original Closing Date with respect to that certain Credit and Security Agreement, dated as of July 25, 2003, the Administrative Agent shall immediately charge the Loan Account for the purpose of reimbursing the Collateral Agent for all such payments and all such amounts charged shall constitute Revolving Loansconditions specified in Section 2.2.

Payments as Revolving Loans. At the election of the Administrative Agent, all All payments of principal, interest, reimbursement obligations in connection with Letters of Credit, feesfees and other sums payable hereunder, premiums, reimbursable expenses (including all reimbursement for expenses pursuant to Section 15.7)14.6, other sums payable under may, at the Loan Documentsoption of the Collateral Agent, and any and all amounts equal in its sole discretion, subject only to the excess terms of checks and other items presented to BofA for payment against the Funding Account or any other Deposit Account maintained by a Borrower with BofA in an amount greater than the then available balance in such Deposit Account may this Section 4.4, be paid with from the proceeds of of, or charged to the Borrowers' account as, Revolving Loans made hereunder hereunder, whether made following a request for such purpose by the Borrowers applicable Borrower pursuant to Section 2.2 or pursuant to a deemed request as provided in this Section 4.5. The Borrowers hereby irrevocably authorize the Administrative Agent to charge the Loan Account for the purpose of paying all amounts from time to time due under the Loan Documents (including as described in this Section 4.5) and agree 4.4; provided, however, that all such amounts charged shall constitute Revolving Loans (including Non-Ratable Loans and Agent Advances) and that all such Revolving Loans shall be deemed to have been requested pursuant to Section 2.2; provided that, except as set forth in the succeeding sentence, so long as no Event of Default existsis outstanding, the Administrative Agent shall not charge the Loan Account for expenses until 10 days have elapsed since the Administrative Agent has sent an invoice therefor to Xxxxx. In the event the Collateral Agent is required shall give the Borrowers notice prior to make so charging the Borrowers' account for any payment to Xxxxx Fargo Bankitems other than interest, N.A. (“WFB”) pursuant to the payoff letter delivered by WFB to Xxxxx and Letter of Credit reimbursements, the Collateral Agent on Fee, Unused Line Fee, Letter of Credit Fees, legal fees or audit expenses. Each Borrower hereby irrevocably authorizes the Original Closing Date Lenders to make Revolving Loans (including Swing Loans by BABC or Collateral Agent Advances by the Collateral Agent), or to have the Borrowers' account charged with respect to that certain Credit and Security AgreementRevolving Loans, dated upon notice from the Collateral Agent as of July 25described in the next succeeding sentence, 2003, the Administrative Agent shall immediately charge the Loan Account for the purpose of paying principal, interest, reimbursement obligations in connection with Letters of Credit, fees and other sums payable hereunder, including reimbursing expenses pursuant to Section 14.6, and agrees that all such Revolving Loans so made shall be Reference Rate Loans deemed to have been requested by such Borrower pursuant to Section 2.2, as of the date of the aforementioned notice. The Collateral Agent shall request Revolving Loans on behalf of a Borrower as described in the immediately preceding sentence by notifying the Lenders (or BABC, in the case of a Swing Loan) by telecopy, telephone or other similar form of transmission, of the amount and Funding Date of the requested Borrowing and that such Borrowing is being requested on such Borrower's behalf pursuant to this Section 4.4; provided, however, that, subject to the terms of Section 2.3(f), the Collateral Agent shall in no event so notify the Lenders if the Collateral Agent shall have received written notice from any Lender that one or more of the applicable conditions precedent contained in Article 9 will not be satisfied on the requested Funding Date for all such payments the applicable Borrowing. On the requested Funding Date, as applicable, the Lenders will make the requested Revolving Loans in accordance with the procedures and all such amounts charged shall constitute Revolving Loanssubject to the conditions specified in Section 2.2, or the Collateral Agent will charge the Borrowers' account as set forth herein, as determined by the Collateral Agent.

Payments as Revolving Loans. At the election of the Administrative Agent, all All payments of principal, interest, reimbursement obligations in connection with Letters of Credit, Acceptances, fees, premiumspremiums and other sums payable hereunder, reimbursable expenses (including all reimbursement for expenses pursuant to Section 15.7)14.6, other sums payable under may, at the Loan Documentsoption of the Agent, and any and all amounts equal in its sole discretion, subject only to the excess terms of checks and other items presented to BofA for payment against the Funding Account or any other Deposit Account maintained by a Borrower with BofA in an amount greater than the then available balance in such Deposit Account may this Section 4.5, be paid with from the proceeds of Revolving Loans made hereunder hereunder, whether made following a request for such purpose by the Borrowers a Borrower pursuant to Section 2.2 2.4 or pursuant to a deemed request as provided in this Section 4.5. The Borrowers Each Borrower hereby irrevocably authorize authorizes the Administrative Lenders to make Revolving Loans (including BABC Loans by BABC or Agent to charge Advances by the Loan Account Agent), upon notice from the Agent as described in the next succeeding sentence, for the purpose of paying all amounts from time principal, interest, reimbursement obligations in connection with Letters of Credit or Acceptances, fees, premiums and other sums payable hereunder, including reimbursing expenses pursuant to time due under the Loan Documents (including as described in this Section 4.5) 14.6, and agree that all such amounts charged shall constitute Revolving Loans (including Non-Ratable Loans and Agent Advances) and agrees that all such Revolving Loans so made shall be deemed to have been requested by it pursuant to Section 2.2; provided that2.4, except as set forth of the date of the aforementioned notice. The Agent may request Revolving Loans on behalf of a Borrower as described in the succeeding immediately preceding sentence, so long as no Event of Default existsbut notwithstanding anything to the contrary contained herein, the Administrative Agent shall not charge the Loan Account for expenses until 10 days have elapsed since the Administrative Agent has sent an invoice therefor to Xxxxx. In the event the Collateral Agent is any notice required to make be given to any payment to Xxxxx Fargo Bank, N.A. (“WFB”) Lender by the Agent in connection with any BABC Loans made pursuant to this Section 4.5 may be made contemporaneously with the payoff letter delivered by WFB to Xxxxx and the Collateral Agent on the Original Closing Date with respect to that certain Credit and Security Agreement, dated as of July 25, 2003, the Administrative Agent shall immediately charge the Loan Account for the purpose of reimbursing the Collateral Agent for all such payments and all such amounts charged shall constitute Revolving LoansSettlement relating thereto.