Common use of Permitted Borrower Sublimit Clause in Contracts

Permitted Borrower Sublimit. If at any time and for any reason with respect to any Permitted Borrower, the aggregate principal amount (tested in the manner set forth in clause (a) above) of all Revolving Credit Advances and all Swing Line Advances outstanding hereunder to such Permitted Borrower, plus the aggregate undrawn portion of all Letter of Credit Obligations for the account of such Permitted Borrower (tested in the manner set forth in clause (a) above), which Advances and Letters of Credit are made or issued, or to be made or issued, in Dollars and ninety percent (90%) of the aggregate Current Dollar Equivalent of all such Advances and Letters of Credit (including unreimbursed draws) hereunder for the account of such Permitted Borrower in any Alternative Currency as of such time, exceeds the Permitted Borrower Sublimit applicable to such Permitted Borrower (as used in this clause (c), the "Excess"), then in each case, such Permitted Borrower shall: (i) immediately repay that portion of the Indebtedness outstanding to such Permitted Borrower then carried as a Prime-based Advance, if any, by the Dollar Amount of such Excess, and/or reduce on such day any pending request for an Advance in Dollars submitted by such Permitted Borrower by the Dollar Amount of such Excess, to the extent thereof; and (ii) on the last day of each Interest Period of any Eurocurrency-based Advance outstanding to such Permitted Borrower as of such time, until the necessary reductions of Indebtedness under this Section 2.14(c) have been fully made, repay such Indebtedness carried in such Advances and/or reduce any requests for refunding or conversion of such Advances submitted (or to be submitted) by such Permitted Borrower in respect of such Advances, by the amount in Dollars or the applicable Alternative Currency, as the case may be, of such Excess, to the extent thereof. Provided that no Default or Event of Default has occurred and is continuing, each Permitted Borrower's compliance with this Section 2.14(c) shall be tested as of the last day of each calendar quarter or, upon the written request of the Permitted Borrowers from time to time, as of the last day of each calendar month, provided the Revolving Borrowers furnish Agent with current monthly financial statements complying with the requirements set forth in Section 8.1(b) hereof. Upon the occurrence and during the continuance of any Default or Event of Default, compliance with this Section 2.14(c) shall be tested on a daily or other basis satisfactory to Agent in its sole discretion.

Permitted Borrower Sublimit. If at any time and for any reason with respect to any Permitted Borrower, the aggregate principal amount (tested in the manner set forth in clause (a) above) of all Advances of the Revolving Credit Advances and all of the Swing Line Advances outstanding hereunder to such Permitted Borrower, plus the aggregate undrawn portion of all Letter of Credit Obligations under any Letters of Credit to or for the account of such Permitted Borrower (tested in the manner set forth in clause (a) above), which Advances and Letters of Credit are made or issued, or to be made or issued, in Dollars and ninety percent (90%) of the aggregate Current Dollar Equivalent of all such Advances and Letters of Credit (including unreimbursed draws) hereunder Obligations for the account of such Permitted Borrower in any Alternative Currency as of such time, exceeds the applicable Permitted Borrower Sublimit applicable to such Permitted Borrower (as used in this clause (cb), the "“Excess"”), then in each case, such Permitted Borrower shall: (i) immediately repay that portion of the Indebtedness outstanding to such Permitted Borrower then carried as a Prime-based Advance, if any, by the Dollar Amount of such Excess, and/or reduce on such day any pending request for an Advance in Dollars submitted by such Permitted Borrower by the Dollar Amount of such Excess, to the extent thereof; and (ii) on the last day of each Interest Period of any Eurocurrency-based Advance outstanding to such Permitted Borrower as of such time, until the necessary reductions of Indebtedness under this Section 2.14(c2.14(b) have been fully made, repay such Indebtedness carried in such Advances and/or reduce any requests for refunding or conversion of such Advances submitted (or to be submitted) by such Permitted Borrower in respect of such Advances, by the amount in Dollars or the applicable Alternative Currency, as the case may be, of such Excess, to the extent thereof. Provided that no Default or Event of Default has occurred and is continuing, each Permitted Borrower's ’s compliance with this Section 2.14(c2.14(b) shall be tested as of the last day of each calendar quarter or, upon the written request of the Permitted Borrowers Company from time to time, as of the last day of each calendar month, provided the Revolving Borrowers furnish Company furnishes Agent with current monthly financial statements complying with the requirements set forth in subparagraphs (i) and (ii) of Section 8.1(b7.3(c) hereof. Upon the occurrence and during the continuance of any Default or Event of Default, compliance with this Section 2.14(c2.14(b) shall be tested on a daily or other basis satisfactory to Agent in its sole discretion.

Permitted Borrower Sublimit. If at any time and for any reason with respect to any Permitted Borrower, the aggregate principal amount (tested in the manner set forth in clause (a) above) of all Advances of the Revolving Credit Advances and all of the Swing Line Advances outstanding hereunder to such Permitted Borrower, plus the aggregate undrawn portion of all Letter of Credit Obligations under any Letters of Credit to or for the account of such Permitted Borrower (tested in the manner set forth in clause (a) above), which Advances and Letters of Credit are made or issued, or to be made or issued, in Dollars and ninety percent (90%) of the aggregate Current Dollar Equivalent of all such Advances and Letters Letter of Credit (including unreimbursed draws) hereunder Obligations for the account of such Permitted Borrower in any Alternative Currency as of such time, exceeds the applicable Permitted Borrower Sublimit applicable to such Permitted Borrower (as used in this clause (cb), the "“Excess"”), then in each case, such Permitted Borrower shall: (i) immediately repay that portion of the Indebtedness outstanding to such Permitted Borrower then carried as a Prime-based Advance, if any, by the Dollar Amount of such Excess, and/or reduce on such day any pending request for an Advance in Dollars submitted by such Permitted Borrower by the Dollar Amount of such Excess, to the extent thereof; and (ii) on the last day of each Interest Period of any Eurocurrency-based Advance outstanding to such Permitted Borrower as of such time, until the necessary reductions of Indebtedness under this Section 2.14(c2.14(b) have been fully made, repay such Indebtedness carried in such Advances and/or reduce any requests for refunding or conversion of such Advances submitted (or to be submitted) by such Permitted Borrower in respect of such Advances, by the amount in Dollars or the applicable Alternative Currency, as the case may be, of such Excess, to the extent thereof. Provided that no Default or Event of Default has occurred and is continuing, each Permitted Borrower's ’s compliance with this Section 2.14(c2.14(b) shall be tested as of the last day of each calendar quarter or, upon the written request of the Permitted Borrowers Company from time to time, as of the last day of each calendar month, provided the Revolving Borrowers furnish Company furnishes Agent with current monthly financial statements complying with the requirements set forth in subparagraphs (i) and (ii) of Section 8.1(b7.3(c) hereof. Upon the occurrence and during the continuance of any Default or Event of Default, compliance with this Section 2.14(c2.14(b) shall be tested on a daily or other basis satisfactory to Agent in its sole discretion.

Permitted Borrower Sublimit. If at any time and for any reason with respect to any Permitted Borrower, the aggregate principal amount (tested in the manner set forth in clause (a) above) of all Advances of the Revolving Credit Advances and all of the Swing Line Advances outstanding hereunder to such Permitted Borrower, plus the aggregate undrawn portion of all Letter any Letters of Credit, plus the face amount of any Letters of Credit Obligations requested but not yet issued, plus the unreimbursed amount of any drawings under any Letters of Credit to or for the account of such Permitted Borrower (tested in the manner set forth in clause (a) above), which Advances and Letters of Credit are made or issued, or to be made or issued, in Dollars and ninety percent (90%) of the aggregate Current Dollar Equivalent of all such Advances and Letters of Credit (including unreimbursed draws) hereunder for the account of such Permitted Borrower in any Alternative Currency as of such time, exceeds the applicable Permitted Borrower Sublimit applicable to such Permitted Borrower (as used in this clause (cb), the "Excess"), then in each case, such Permitted Borrower shall: (i) immediately repay that portion of the Indebtedness outstanding to such Permitted Borrower then carried as a Prime-based Advance, if any, by the Dollar Amount of such Excess, and/or reduce on such day any pending request for an Advance in Dollars submitted by such Permitted Borrower by the Dollar Amount of such Excess, to the extent thereof; and (ii) on the last day of each Interest Period of any Eurocurrency-based Advance outstanding to such Permitted Borrower as of such time, until the necessary reductions of Indebtedness under this Section 2.14(c2.14(b) have been fully made, repay such Indebtedness carried in such Advances and/or reduce any requests for refunding or conversion of such Advances submitted (or to be submitted) by such Permitted Borrower in respect of such Advances, by the amount in Dollars or the applicable Alternative Currency, as the case may be, of such Excess, to the extent thereof. Provided that no Default or Event of Default has occurred and is continuing, each Permitted Borrower's compliance with this Section 2.14(c2.14(b) shall be tested as of the last day of each calendar quarter or, upon the written request of the Permitted Borrowers Company from time to time, as of the last day of each calendar month, provided the Revolving Borrowers furnish Company furnishes Agent with current monthly financial statements complying with the requirements set forth in subparagraphs (i) and (ii) of Section 8.1(b7.3(c) hereof. Upon the occurrence and during the continuance of any Default or Event of Default, compliance with this Section 2.14(c2.14(b) shall be tested on a daily or other basis satisfactory to Agent in its sole discretion.

Permitted Borrower Sublimit. If at any time and for any reason with respect to any Permitted Borrower, the aggregate principal amount (tested in the manner set forth in clause (a) above) of all Advances of the Revolving Credit Advances and all Swing Line Advances outstanding hereunder to such Permitted Borrower, plus the aggregate undrawn portion of all Letter of Credit Obligations for the account of such Permitted Borrower (tested in the manner set forth in clause (a) above), which Advances and Letters of Credit are made or issued, or to be made or issuedmade, in Dollars and ninety percent (90%) of the aggregate Current Dollar Equivalent of all such Advances and Letters of Credit (including unreimbursed draws) hereunder for the account of such Permitted Borrower in any Alternative Currency as of such time, exceeds the applicable Permitted Borrower Sublimit applicable to such Permitted Borrower (as used in this clause (c), the "Excess"b), then in each case, such Permitted Borrower shall: (i) immediately repay that portion of the Indebtedness outstanding to such Permitted Borrower then carried as a Prime-based Advance, if any, by the Dollar Amount of such Excess, and/or reduce on such day any pending request for an Advance in Dollars submitted by such Permitted Borrower by the Dollar Amount of such Permitted Borrower Excess, to the extent thereof; and (ii) on the last day of each Interest Period of any Eurocurrency-based Advance outstanding to such Permitted Borrower as of such time, until the necessary reductions of Indebtedness under this Section 2.14(c2.14(b) have been fully made, repay such Indebtedness carried in such Advances and/or reduce any requests for refunding or conversion of such Advances submitted (or to be submitted) by such Permitted Borrower in respect of such Advances, by the amount in Dollars or the applicable Alternative Currency, as the case may be, of such Permitted Borrower Excess, to the extent thereof. Provided that no Default or Event of Default has occurred and is continuing, each Permitted Borrower's compliance with this Section 2.14(c2.14(b) shall be tested as of the last day of each calendar quarter or, upon the written request of the Permitted Borrowers Company from time to time, as of the last day of each calendar month, provided the Revolving Borrowers furnish Company furnishes Agent with current monthly financial statements complying with the requirements set forth in subparagraphs (i) and (ii) of Section 8.1(b7.3(c) hereof. Upon the occurrence and during the continuance of any Default or Event of Default, compliance with this Section 2.14(c2.14(b) shall be tested on a daily or other basis satisfactory to Agent in its sole discretion.

Permitted Borrower Sublimit. If at any time and for any reason with respect to any the Domestic Permitted BorrowerBorrowers (with respect to the Permitted Borrower Sublimit applicable to the Domestic Permitted Borrowers) or the Foreign Permitted Borrowers (with respect to the Permitted Borrower Sublimit applicable to the Foreign Permitted Borrowers), the aggregate principal amount (tested in the manner set forth in clause (a) above) of all Advances of the Revolving Credit Advances and all of the Swing Line Advances outstanding hereunder to such the Domestic Permitted BorrowerBorrowers or the Foreign Permitted Borrowers, as applicable, plus the aggregate undrawn portion of all Letter of Credit Obligations under any Letters of Credit to or for the account of such the Domestic Permitted Borrower Borrowers or the Foreign Permitted Borrowers (tested in the manner set forth in clause (a) above), as applicable, which Advances and Letters of Credit are made or issued, or to be made or issued, in Dollars and ninety percent (90%) of the aggregate Current Dollar Equivalent of all such Advances and Letters Letter of Credit (including unreimbursed draws) hereunder Obligations for the account of such Domestic Permitted Borrower Borrowers or Foreign Permitted Borrowers, as applicable, in any Alternative Currency as of such time, exceeds the applicable Permitted Borrower Sublimit applicable to such Permitted Borrower (as used in this clause (cb), the "“Excess"”), then in each case, such the Domestic Permitted Borrower Borrowers or the Foreign Permitted Borrowers, as applicable, shall: (i) immediately repay that portion of the Indebtedness outstanding to such Permitted Borrower then carried as a Prime-based Advance, if any, by the Dollar Amount of such Excess, and/or reduce on such day any pending request for an Advance in Dollars submitted by such any Domestic Permitted Borrower or Foreign Permitted Borrower (as applicable) by the Dollar Amount of such Excess, to the extent thereof; and (ii) on the last day of each Interest Period of any Eurocurrency-based Advance outstanding to such any Domestic Permitted Borrower or Foreign Permitted Borrower (as applicable) as of such time, until the necessary reductions of Indebtedness under this Section 2.14(c2.14(b) have been fully made, repay such Indebtedness carried in such Advances and/or reduce any requests for refunding or conversion of such Advances submitted (or to be submitted) by such any Domestic Permitted Borrower or Foreign Permitted Borrower (as applicable) in respect of such Advances, by the amount in Dollars or the applicable Alternative Currency, as the case may be, of such Excess, to the extent thereof. Provided that no Default or Event of Default has occurred and is continuing, each Permitted Borrower's ’s compliance with this Section 2.14(c2.14(b) shall be tested as of the last day of each calendar quarter or, upon the written request of the Permitted Borrowers Company from time to time, as of the last day of each calendar month, provided the Revolving Borrowers furnish Company furnishes Agent with current monthly financial statements complying with the requirements set forth in Section 8.1(b7.3(c) hereof. Upon the occurrence and during the continuance of any Default or Event of Default, compliance with this Section 2.14(c2.14(b) shall be tested on a daily or other basis satisfactory to Agent in its sole discretion.” 5. Section 3.2(b) of the Credit Agreement is hereby deleted in its entirety and the following is inserted in its place: