Common use of Permanent Reduction of the Aggregate Commitment Clause in Contracts

Permanent Reduction of the Aggregate Commitment. (a) The Borrowers shall have the right at any time and from time to time, upon at least five (5) Business Days prior written notice to the Administrative Agent, to permanently reduce, in whole at any time or in part from time to time, without premium or penalty, the Aggregate Commitment in an aggregate principal amount not less than $1,000,000 or any whole multiple of $1,000,000 in excess thereof. (b) Each permanent reduction permitted or required pursuant to this Section 2.5 shall be accompanied by a payment of principal sufficient to reduce the aggregate outstanding Extensions of Credit of the Lenders after such reduction to the Aggregate Commitment as so reduced. The Commitment of each Lender shall be reduced by the amount of the applicable reduction on a pro rata basis in accordance with the Lenders' respective Commitment Percentages. Any reduction of the Aggregate Commitment to zero shall be accompanied by payment of all outstanding Obligations (and furnishing of cash collateral satisfactory to the Administrative Agent for all L/C Obligations) and, if such reduction is permanent, termination of the Commitments and the Credit Facility. If the reduction of the Aggregate Commitment requires the repayment of any LIBOR Rate Loan, such reduction may be made only on the last day of the then current Interest Period applicable thereto unless such repayment is accompanied by any amount required to be paid pursuant to Section 4.9 hereof. Such cash collateral shall be applied in accordance with Section 11.2(b).

Permanent Reduction of the Aggregate Commitment. (a) The Borrowers Borrower shall have the right at any time and from time to time, upon at least five (5) Business Days prior written notice to the Administrative Agent, to permanently reduce, in whole at any time or in part from time to time, without premium or penaltypenalty except as provided herein, the Aggregate Revolving Credit Commitment in an aggregate principal amount not less than $1,000,000 5,000,000 or any whole multiple of $1,000,000 5,000,000 in excess thereof. (b) Each permanent reduction permitted or required pursuant to this Section 2.5 shall be accompanied by a payment of principal sufficient to reduce the aggregate outstanding Extensions of Revolving Credit Loans of the Lenders after such reduction to the Aggregate Revolving Credit Commitment as so reduced. The Commitment reduced and by payment of each Lender shall be reduced by accrued interest on the amount of the applicable reduction on a pro rata basis in accordance with the Lenders' respective Commitment Percentagessuch repaid principal. Any reduction of the Aggregate Revolving Credit Commitment to zero shall be accompanied by payment of all outstanding Obligations (and furnishing of cash collateral satisfactory to the Administrative Agent for all L/C Obligations) andshall, if such reduction is permanent, result in the termination of the Revolving Credit Commitments and the Revolving Credit Facility. If the reduction of the Aggregate Revolving Credit Commitment requires the repayment of any LIBOR Rate Loan, such reduction may be made only on the last day of the then current Interest Period applicable thereto unless such repayment is accompanied by any amount required to be paid pursuant to Section 4.9 hereof. Such cash collateral shall be applied in accordance with Section 11.2(b)4.9.

Permanent Reduction of the Aggregate Commitment. (a) The Borrowers shall have the right at any time and from time to time, upon at least five (5) Business Days prior written notice to the Administrative Agent, to permanently reduce, in whole at any time or in part from time to time, without premium or penalty, the Aggregate Commitment in an aggregate principal amount not less than $1,000,000 or any whole multiple of $1,000,000 in excess thereof. (b) Each permanent reduction permitted or required pursuant to this Section 2.5 shall be accompanied by a payment of principal sufficient to reduce the aggregate outstanding Extensions of Credit of the Lenders after such reduction to the Aggregate Commitment as so reduced. The Commitment of each Lender shall be reduced by the amount of the applicable reduction on a pro rata basis in accordance with the Lenders' respective Commitment Percentages. Any reduction of the Aggregate Commitment to zero shall be accompanied by payment of all outstanding Obligations (and furnishing of cash collateral satisfactory to the Administrative Agent for all L/C Obligations) and, if such reduction is permanent, termination of the Commitments and the Credit Facility. If the reduction of the Aggregate Commitment requires the repayment of any LIBOR Rate Loan, such reduction may be made only on the last day of the then current Interest Period applicable thereto unless such repayment is accompanied by any amount required to be paid pursuant to Section 4.9 hereof. Such cash collateral shall be applied in accordance with Section 11.2(b).

Permanent Reduction of the Aggregate Commitment. (a) The Borrowers BORROWER shall have the right at any time and from time to time, upon at least five (5) Business Days BUSINESS DAYS prior written notice to the Administrative AgentADMINISTRATIVE AGENT, to permanently reduce, in whole at any time or in part from time to time, without premium or penalty, the Aggregate Commitment AGGREGATE COMMITMENT in an aggregate principal amount not less than Five Million DOLLARS ($1,000,000 5,000,000.00) or any whole multiple of One Million DOLLARS ($1,000,000 1,000,000.00) in excess thereof. (b) Each permanent reduction permitted or required pursuant to this Section 2.5 shall be accompanied by a payment of principal sufficient to reduce the aggregate outstanding Extensions of Credit EXTENSIONS OF CREDIT of the Lenders LENDERS after such reduction to the Aggregate Commitment AGGREGATE COMMITMENT as so reduced. The Commitment reduced and by payment of each Lender shall be reduced by accrued interest on the amount of the applicable reduction on a pro rata basis in accordance with the Lenders' respective Commitment Percentagessuch repaid principal. Any reduction of the Aggregate Commitment AGGREGATE COMMITMENT to zero shall be accompanied by payment of all outstanding Obligations OBLIGATIONS (and furnishing of cash collateral satisfactory to the Administrative Agent COLLATERAL AGENT for all L/C ObligationsOBLIGATIONS) and, if such reduction is permanent, termination of the Commitments COMMITMENTS and the Credit FacilityCREDIT FACILITY. Such cash collateral shall be applied in accordance with Subsection 11.2.(b). If the reduction of the Aggregate Commitment AGGREGATE COMMITMENT requires the repayment of any LIBOR Rate LoanRATE LOAN, such reduction may be made only on the last day of the then current Interest Period INTEREST PERIOD applicable thereto unless such repayment is accompanied by any amount required to be paid pursuant to Section 4.9 hereof. Such cash collateral shall be applied in accordance with Section 11.2(b).

Permanent Reduction of the Aggregate Commitment. (a) The Borrowers shall have the right at any time and from time to time, upon at least five (5) Business Days prior written notice to the Administrative Agent, to permanently reduce, in whole at any time or in part from time to time, without premium or penalty, the Aggregate Commitment in an aggregate principal amount not less than $1,000,000 2,500,000 or any whole multiple of $1,000,000 in excess thereof. (b) Each permanent reduction permitted or required pursuant to this Section 2.5 2.6 shall be accompanied by a payment of principal (and with respect to L/C Obligations, furnishing of cash collateral) sufficient to reduce the aggregate outstanding Extensions of Credit of the Lenders after such reduction to the Aggregate Commitment as so reduced. The Commitment of each Lender shall be reduced by the amount of the applicable reduction on a pro rata basis in accordance with the Lenders' respective Commitment Percentages. Any reduction of the Aggregate Commitment to zero shall be accompanied by payment of all outstanding Obligations (and furnishing of cash collateral satisfactory to the Administrative Agent for all L/C Obligations) and, if such reduction is permanent, termination of the Commitments and the Credit Facility. Such cash collateral shall be applied in accordance with Section 11.2(b). If the reduction of the Aggregate Commitment requires the repayment of any LIBOR Rate Loan, such reduction reduc- tion may be made only on the last day of the then current Interest Period applicable thereto unless such repayment is accompanied by any amount required to be paid pursuant to Section 4.9 hereof. Such cash collateral shall be applied in accordance with Section 11.2(b).

Permanent Reduction of the Aggregate Commitment. (a) The Borrowers shall have the right at any time and from time to time, upon at least five (5) Business Days prior written notice to the Administrative Agent, to permanently reduce, in whole without premium or penalty, (i) the entire Aggregate Commitment at any time or in part (ii) portions of the Aggregate Commitment, from time to time, without premium or penalty, the Aggregate Commitment in an aggregate principal amount not less than $1,000,000 2,000,000 or any whole multiple of $1,000,000 in excess thereof. (b) . Each permanent reduction permitted or required pursuant to this Section 2.5 shall be accompanied by a payment of principal sufficient to reduce the aggregate outstanding Extensions of Credit of the Lenders after such reduction to the Aggregate Commitment as so reduced. The reduced and if the Aggregate Commitment as so reduced is less than the aggregate amount of each Lender all outstanding Letters of Credit, the Borrowers shall be reduced required to deposit in a cash collateral account opened by the Administrative Agent an amount equal to the aggregate then undrawn and unexpired amount of the applicable reduction on a pro rata basis in accordance with the Lenders' respective Commitment Percentagessuch Letters of Credit. Any reduction of the Aggregate Commitment to zero shall be accompanied by payment of all outstanding Obligations (and furnishing of cash collateral satisfactory to the Administrative Agent for all L/C Obligations) and, if such reduction is permanent, and shall result in the termination of the Commitments and the Credit Facility. Such cash collateral shall be applied in accordance with Section 11.2(b). If the reduction of the Aggregate Commitment requires the repayment of any LIBOR Rate Loan, such reduction may repayment shall be made only on the last day of the then current Interest Period applicable thereto unless such repayment is accompanied by any amount required to be paid pursuant to Section 4.9 hereof. Such cash collateral shall be applied in accordance with Section 11.2(b).

Permanent Reduction of the Aggregate Commitment. (a) The Borrowers shall have the right at any time and from time to time, upon at least five (5) Business Days prior written notice to the Administrative Agent, to permanently reduce, in whole at any time or in part from time to time, without premium or penalty, the Aggregate Commitment in an aggregate a minimum principal amount not less than $1,000,000 5,000,000 or any whole multiple of $1,000,000 in excess thereof. (b) Each permanent reduction permitted or required pursuant to this Section 2.5 2.6 shall be accompanied by a payment of principal sufficient to reduce the aggregate outstanding Extensions of Revolving Credit of the Lenders Loans, Swingline Loans and L/C Obligations, as applicable, after such reduction to the Aggregate Commitment as so reduced. The reduced and if the Aggregate Commitment as so reduced is less than the aggregate amount of each Lender all outstanding Letters of Credit, the Borrower shall be reduced required to deposit in a cash collateral account opened by the Administrative Agent an amount equal to the aggregate then undrawn and unexpired amount of the applicable reduction on a pro rata basis in accordance with the Lenders' respective Commitment Percentagessuch Letters of Credit. Any reduction of the Aggregate Commitment to zero shall be accompanied by payment of all outstanding Obligations Revolving Credit Loans and Swingline Loans (and furnishing of cash collateral satisfactory to the Administrative Agent for all L/C Obligations) and, if such reduction is permanent, and shall result in the termination of the Commitments and the Credit Facility. If the reduction of the Aggregate Commitment requires the repayment of any LIBOR Rate Loan, such reduction may be made only on the last day of the then current Interest Period applicable thereto unless such repayment is accompanied by any amount required to be paid pursuant to Section 4.9 hereof. Such cash collateral shall be applied in accordance with Section 11.2(b).and the

Permanent Reduction of the Aggregate Commitment. (a) The Borrowers Borrower shall have the right at any time and from time to time, upon at least five (5) Business Days prior written notice to the Administrative Agent, to permanently reduce, in whole at any time or in part from time to time, without premium or penalty, the Aggregate Commitment in an aggregate a minimum principal amount not less than $1,000,000 2,500,000 or any whole multiple of $1,000,000 in excess thereof. (b) Each permanent reduction permitted or required pursuant to this Section 2.5 2.6 shall be accompanied by a payment of principal (and with respect to L/C Obligations, furnishing of cash collateral) sufficient to reduce the aggregate outstanding Extensions of Credit of the Lenders after such reduction to the Aggregate Commitment as so reduced. The Commitment of each Lender shall be reduced by the amount of the applicable reduction on a pro rata basis in accordance with the Lenders' respective Commitment Percentages. Any reduction of the Aggregate Commitment to zero shall be accompanied by payment of all outstanding Obligations (and furnishing of cash collateral satisfactory to the Administrative Agent for all L/C Obligations) and, if such reduction is permanent, termination of the Commitments and the Credit Facility. Such cash collateral shall be applied in accordance with Section 11.2(b). If the reduction of the Aggregate Commitment requires the repayment of any LIBOR Rate Loan, such reduction may be made only on the last day of the then current Interest Period applicable thereto unless such repayment is accompanied by any amount required to be paid pursuant to Section 4.9 hereof. Such cash collateral shall be applied in accordance with Section 11.2(b).

Permanent Reduction of the Aggregate Commitment. (a) The Borrowers shall have the right at any time and from time to time, upon at least five (5) Business Days prior written notice to the Administrative Agent, to permanently reduce, in whole without premium or penalty, (i) the entire Aggregate Commitment at any time or in part (ii) portions of the Aggregate Commitment, from time to time, without premium or penalty, the Aggregate Commitment in an aggregate principal amount not less than $1,000,000 5,000,000 or any whole multiple of $1,000,000 in excess thereof. (b) Each permanent reduction permitted or required pursuant to this Section 2.5 2.6 shall be accompanied by a payment of principal sufficient to reduce the aggregate outstanding Extensions of Credit of the Lenders after such reduction to the Aggregate Commitment as so reduced. The reduced and if the Aggregate Commitment as so reduced is less than the aggregate amount of each Lender all outstanding Letters of Credit, the Borrowers shall be reduced required to deposit in a cash collateral account opened by the Administrative Agent an amount equal to the aggregate then undrawn and unexpired amount of the applicable reduction on a pro rata basis in accordance with the Lenders' respective Commitment Percentagessuch Letters of Credit. Any reduction of the Aggregate Commitment to zero shall be accompanied by payment of all outstanding Obligations (and furnishing of cash collateral satisfactory to the Administrative Agent for all L/C Obligations) and, if such reduction is permanent, and shall result in the termination of the Commitments and the Credit Facility. Such cash collateral shall be applied in accordance with Section 11.2(b). If the reduction of the Aggregate Commitment requires the repayment of any LIBOR Rate Loan, such reduction may repayment shall be made only on the last day of the then current Interest Period applicable thereto unless such repayment is accompanied by any amount required to be paid pursuant to Section 4.9 hereof. Such cash collateral shall be applied in accordance with Section 11.2(b).

Permanent Reduction of the Aggregate Commitment. (a) The Borrowers Borrower shall have the right at any time and from time to time, upon at least five three (53) Business Days prior written notice to the Administrative Agent, to permanently reduce, in whole at any time or in part from time to time, without premium or penalty, the Aggregate Commitment in an aggregate principal amount not less than $1,000,000 10,000,000 or any whole multiple of $1,000,000 5,000,000 in excess thereof. . 27 (b) Each permanent reduction permitted or required pursuant to this Section 2.5 2.7 shall be accompanied by a payment of principal (or, with respect to any L/C Obligations, payment of cash collateral into a cash collateral account opened by the Borrower with the Administrative Agent) sufficient to reduce the aggregate outstanding Extensions of Credit of the Lenders after such reduction to the Aggregate Commitment as so reduced. The Commitment reduced and by payment of each Lender shall be reduced by accrued interest on the amount of the applicable reduction on a pro rata basis in accordance with the Lenders' respective Commitment Percentagessuch repaid principal. Any reduction of the Aggregate Commitment to zero shall be accompanied by payment of all outstanding Obligations (and furnishing of cash collateral satisfactory to the Administrative Agent for all L/C Obligations) and, if such reduction is permanent, and termination of the Commitments and the Credit Facility. If the reduction of the Aggregate Commitment requires the repayment of any LIBOR Rate Loan or Competitive Bid Loan, such reduction may be made only on the last day of the then current LIBOR Interest Period or Competitive Bid Interest Period, respectively, applicable thereto unless such repayment is accompanied by any amount required to be paid pursuant to Section 4.9 4.8 hereof. Such cash collateral shall be applied in accordance with Section 11.2(b).

Permanent Reduction of the Aggregate Commitment. (a) The Borrowers Borrower shall have the right at any time and from time to time, upon at least five three (53) Business Days prior written notice to the Administrative Agent, to permanently reduce, in whole at any time or in part from time to time, without premium or penaltypremium, the Aggregate Commitment in an aggregate principal amount not less than $1,000,000 or any whole multiple of $1,000,000 in excess thereof. (b) Each permanent reduction permitted or required pursuant to this Section 2.5 shall be accompanied by a payment of principal sufficient to reduce the aggregate outstanding Extensions of Credit Loans of the Lenders after such reduction to an amount not in excess of the Aggregate Commitment as so reduced. The Commitment reduced and by payment of each Lender shall be reduced by accrued interest on the amount of the applicable reduction on a pro rata basis in accordance with the Lenders' respective Commitment Percentagessuch repaid principal. Any reduction of the Aggregate Commitment to zero shall be accompanied by payment of all outstanding Obligations (and furnishing of cash collateral satisfactory to the Administrative Agent for all L/C Obligations) and, if such reduction is permanent, termination of the Commitments and the Credit Facility. If the reduction of the Aggregate Commitment requires the repayment of any LIBOR Rate Loan, such reduction may be made only on the last day of the then current Interest Period applicable thereto unless such repayment is accompanied by any amount required to be paid pursuant to Section 4.9 3.9 hereof. Such cash collateral shall be applied in accordance with Section 11.2(b).

Permanent Reduction of the Aggregate Commitment. (a) The Borrowers Borrower ----------------------------------------------- shall have the right at any time and from time to time, upon at least five (5) Business Days prior written notice to the Administrative Agent, to permanently reduce, in whole at any time or in part from time to time, without premium or penalty, the Aggregate Commitment in an aggregate principal amount not less than $1,000,000 5,000,000 or any whole multiple of $1,000,000 in excess thereof. (b) . Each such permanent reduction permitted or required pursuant to this Section 2.5 shall be accompanied by a payment of principal sufficient to reduce the aggregate outstanding Extensions of Credit of the Lenders after such reduction to the Aggregate Commitment as so reduced. The Commitment of each Lender shall be reduced by the amount of the applicable reduction on a pro rata basis in accordance with the Lenders' respective Commitment Percentages. Any reduction of the Aggregate Commitment to zero shall be accompanied by payment of all outstanding Obligations (and furnishing of cash collateral satisfactory to the Administrative Agent for all L/C Obligations) and, if such reduction is permanent, termination of the Commitments and the Credit Facility. Such cash collateral shall be applied in accordance with Section 11.2(b). If the reduction of the Aggregate Commitment requires the repayment of any LIBOR Rate Loan, such reduction may be made only on the last day of the then current Interest Period applicable thereto unless such repayment is accompanied by any amount required to be paid pursuant to Section 4.9 hereof. Such cash collateral shall be applied in accordance with Section 11.2(b).

Permanent Reduction of the Aggregate Commitment. (a) The Borrowers Borrower shall have the right at any time and from time to time, upon at least five (5) Business Days prior written notice to the Administrative AgentLender, to permanently reduce, in whole at any time or in part from time to time, without premium or penalty, the Aggregate Commitment in an aggregate principal amount not less than $1,000,000 500,000 or any whole multiple of $1,000,000 100,000 in excess thereof. The amount of each partial permanent reduction shall be applied PRO RATA to reduce the remaining mandatory reduction amounts required under Section 2.5(b). (b) Each permanent reduction permitted or required pursuant to this Section 2.5 shall be accompanied by a payment of principal sufficient to reduce the aggregate outstanding Extensions of Credit of the Lenders Lender after such reduction to the Aggregate Commitment as so reduced. The Commitment reduced and by payment of each Lender shall be reduced by accrued interest on the amount of the applicable reduction on a pro rata basis in accordance with the Lenders' respective Commitment Percentagessuch repaid principal. Any reduction of the Aggregate Commitment to zero shall be accompanied by payment of all outstanding Obligations (and furnishing of cash collateral satisfactory to the Administrative Agent Lender for all L/C Letter of Credit Obligations) and, if such reduction is permanent, termination of the Commitments and the Revolving Credit Loan Facility. Such cash collateral shall be applied in accordance with Section 11.2(b). If the reduction of the Aggregate Commitment requires the repayment of any LIBOR Rate Loan or CD Rate Loan, such reduction may be made only on the last day of the then current Interest Period applicable thereto unless such repayment is accompanied by any amount required to be paid pursuant to Section 4.9 5.7 hereof. Such cash collateral shall be applied in accordance with Section 11.2(b).

Permanent Reduction of the Aggregate Commitment. (a) The Borrowers Borrower shall have the right at any time and from time to time, upon at least five (5) Business Days prior written notice to the Administrative Agent, to permanently reduce, in whole at any time or in part from time to time, without premium or penalty, the Aggregate Commitment in an aggregate principal amount not less than $1,000,000 500,000 or any whole multiple of $1,000,000 100,000 in excess thereof. The amount of each partial permanent reduction shall be applied pro rata to reduce the remaining mandatory reduction amounts required under Section 2.5(b). (b) Each permanent reduction permitted or required pursuant to this Section 2.5 shall be accompanied by a payment of principal sufficient to reduce the aggregate outstanding Extensions of Credit of the Lenders after such reduction to the Aggregate Commitment as so reduced. The Commitment of each Lender shall be reduced by the amount of the applicable reduction on a pro rata basis in accordance with the Lenders' respective Commitment Percentages. Any reduction of the Aggregate Commitment to zero shall be accompanied by payment of all outstanding Obligations (and furnishing of cash collateral satisfactory to the Administrative Agent for all L/C Obligations) and, if such reduction is permanent, termination of the Commitments and the Credit Facility. Such cash collateral shall be applied in accordance with Section 10.2(b). If the reduction of the Aggregate Commitment requires the repayment of any LIBOR Rate Eurodollar Loan, such reduction may be made only on the last day of the then current Interest Period applicable thereto unless such repayment is accompanied by any amount required to be paid pursuant to Section 4.9 3.12 hereof. Such cash collateral shall be applied in accordance with Section 11.2(b).

Permanent Reduction of the Aggregate Commitment. (a) The Borrowers ----------------------------------------------- Borrower shall have the right at any time and from time to time, upon at least five (5) Business Days prior written notice to the Administrative Agent, to permanently reduce, in whole at any time or in part from time to time, without premium or penalty, the Aggregate Commitment in an aggregate principal amount not less than $1,000,000 5,000,000 or any whole multiple of $1,000,000 in excess thereof. (b) . Each such permanent reduction permitted or required pursuant to this Section 2.5 shall be accompanied by a payment of principal sufficient to reduce the aggregate outstanding Extensions of Credit of the Lenders after such reduction to the Aggregate Commitment as so reduced. The Commitment of each Lender shall be reduced by the amount of the applicable reduction on a pro rata basis in accordance with the Lenders' respective Commitment Percentages. Any reduction of the Aggregate Commitment to zero shall be accompanied by payment of all outstanding Obligations (and furnishing of cash collateral satisfactory to the Administrative Agent for all L/C Obligations) and, if such reduction is permanent, termination of the Commitments and the Credit Facility. Such cash collateral shall be applied in accordance with Section 11.2(b). If the reduction of the Aggregate Commitment requires the repayment of any LIBOR Rate Loan, such reduction may be made only on the last day of the then current Interest Period applicable thereto unless such repayment is accompanied by any amount required to be paid pursuant to Section 4.9 hereof. Such cash collateral shall be applied in accordance with Section 11.2(b).