Common use of Procedure for Revolving Credit Borrowings Clause in Contracts

Procedure for Revolving Credit Borrowings. The Borrower may borrow under the Revolving Credit Commitments or under any Incremental Revolving Loan Facility during the Revolving Credit Commitment Period or the commitment period applicable thereto, as the case may be, on any Business Day, provided that the Borrower shall give the Administrative Agent irrevocable written (or telephonic promptly confirmed in writing) notice (which notice must be received by the Administrative Agent prior to (a) 12:00 Noon, New York City time, three Business Days prior to the requested Borrowing Date, in the case of Eurodollar Loans, or (b) 11:00 a.m., New York City time, on the requested Borrowing Date (which notice may be conditional upon the closing of a Permitted Acquisition to be financed by such borrowing), in the case of ABR Loans), specifying (i) the amount and Type of Revolving Loans to be borrowed, (ii) the requested Borrowing Date, and (iii) in the case of Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor. Each such notice shall be given by the Borrower in the form of Exhibit J. Each borrowing under the Revolving Credit Commitments or under any Incremental Revolving Loan Facility shall be in an amount equal to (A) in the case of ABR Loans, $1,000,000 or a whole multiple of $100,000 in excess thereof (or, if the then aggregate Available Revolving Credit Commitments or available commitments under such Incremental Revolving Loan Facility, as the case may be, are less than $1,000,000, such lesser amount) and (B) in the case of Eurodollar Loans, $5,000,000 or a whole multiple of $100,000 in excess thereof. Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each applicable Lender thereof. Each applicable Lender will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the Borrower at the office of the Administrative Agent specified in subsection 10.2 prior to 12:00 Noon, New York City time, on the Borrowing Date, requested by the Borrower in funds immediately available to the Administrative Agent on such date. Such borrowing will then be made available to the Borrower by the Administrative Agent crediting the account of the Borrower on the books of such office with the aggregate of the amounts made available to the Administrative Agent by such Lenders and in like funds as received by the Administrative Agent on such date. The provisions of the paragraph shall be subject to any applicable limitations or requirements in the relevant Incremental Revolving Loan Activation Notice.

Procedure for Revolving Credit Borrowings. The Borrower Company may borrow under pursuant to subsection 2.1 hereof on any Working Day if the Revolving Credit Commitments borrowing (or under any Incremental Revolving Loan Facility during the Revolving Credit Commitment Period portion thereof) consists of Eurodollar Loans or the commitment period applicable thereto, as the case may be, on any Business Day, provided that Day if the Borrower shall give borrowing consists entirely of ABR Loans and/or CD Rate Loans by the Company giving the Administrative Agent irrevocable written notice (or telephonic notice promptly confirmed in writing) notice (which notice must be received by the Administrative Agent prior to (a) 12:00 Noon11:45 A.M., New York City time, three on, in the case of ABR Loans, two Business Days prior to to, in the requested Borrowing Datecase of CD Rate Loans, and three Working Days prior to, in the case of Eurodollar Loans, or (b) 11:00 a.m., New York City time, on the requested proposed Borrowing Date (which notice may be conditional upon the closing of a Permitted Acquisition to be financed by such borrowing), in the case of ABR Loans), specifying (ia) the amount and Type of Revolving Loans to be borrowed, (iib) the requested Borrowing Date, (c) whether the borrowing is to be a Eurodollar Loan, a CD Rate Loan, an ABR Loan, or a combination thereof and (iiid) in if the case of borrowing is to be entirely or partly a Eurodollar LoansLoan or a CD Rate Loan, the respective amounts of each such Type of Loan and the respective lengths length of the initial Interest Period thereforPeriod(s) thereof. Each such notice shall be given by the Borrower in the form of Exhibit J. Each borrowing under the Revolving Credit Commitments or under any Incremental Revolving Loan Facility shall be in an aggregate principal amount equal to of the lesser of (Ai) in the case of ABR Loans, $1,000,000 10,000,000 or a whole multiple of $100,000 5,000,000 in excess thereof and (or, if ii) the then aggregate Available Revolving Credit Commitments or available commitments under such Incremental Revolving Loan Facility, as the case may be, are less than $1,000,000, such lesser amount) and (B) in the case of Eurodollar Loans, $5,000,000 or a whole multiple of $100,000 in excess thereofAvailability Amount. Upon receipt of any such notice from the BorrowerCompany, the Administrative Agent shall promptly notify each applicable Lender thereof. Each applicable Lender will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the Borrower at the office of the Administrative Agent specified in subsection 10.2 prior to 12:00 NoonNot later than 1:00 P.M., New York City time, on the Borrowing DateDate specified in such notice, requested by the Borrower in funds immediately each Lender shall make available to the Administrative Agent on at the Administrative Agent's Office for the account of the Company an amount in immediately available funds equal to the amount of the Revolving Credit Loan to be made by such dateLender. Such borrowing The proceeds of such Revolving Credit Loans will then be made available to the Borrower Company by the Administrative Agent at the Administrative Agent's Office by crediting the account of the Borrower Company on the books of such office the Administrative Agent's Office with the aggregate of the amounts made available to the Administrative Agent by such the Lenders and in like funds as received by the Administrative Agent on such date. The provisions of the paragraph shall be subject to any applicable limitations or requirements in the relevant Incremental Revolving Loan Activation NoticeAgent.

Procedure for Revolving Credit Borrowings. The Subject to the terms ----------------------------------------- and conditions of this Agreement, the Borrower may borrow under the Revolving Credit Commitments or under any Incremental Revolving Loan Facility during the Revolving Credit Commitment Period or the commitment period applicable thereto, as the case may be, on any Business Day, ; provided that the Borrower shall give the Administrative Agent an -------- irrevocable written (or telephonic promptly confirmed in writing) notice (Notice of Borrowing, which notice must be received by the Administrative Agent prior to 11:00 A.M., Dallas, Texas time, together (in the case of a Borrowing involving Loans of at least $10,000,000) with a Compliance Certificate for the Borrower and its Restricted Subsidiaries duly executed by the Borrower and based on the most recently ended four Fiscal Quarter period for which Financial Statements have been or should have been delivered pursuant to Section 6.1(e), and/or Section 7.1, as applicable, giving effect to the -------------- ----------- requested Borrowing, and any related transactions contemplated in connection with such Borrowing, (a) 12:00 Noon, New York City time, three Business Days prior to the requested Borrowing Date, in if all or any part of the case of requested Revolving Credit Loans are to be initially Eurodollar Loans, or (b) 11:00 a.m., New York City time, on the requested Borrowing Date one Business Day prior to (which notice may be conditional upon the closing of a Permitted Acquisition to be financed by such borrowing), or in the case of ABR Loans)the initial Borrowing, on) the requested Borrowing Date, otherwise, specifying (i) the amount and Type of Revolving Loans to be borrowed, (ii) the requested Borrowing Date, and (iii) in whether the case Borrowing is to be of Eurodollar Loans, ABR Loans or a combination thereof and (iv) if the Borrowing is to be entirely or partly of Eurodollar Loans, the respective amounts of each such Type of Loan Tranche and the respective lengths of the initial Interest Period Periods therefor. Each such notice shall be given by the Borrower in the form of Exhibit J. Each borrowing Borrowing under the Revolving Credit Commitments or under any Incremental Revolving Loan Facility shall be in an amount equal to (A) in the case of ABR Loans, $1,000,000 or a whole multiple of $100,000 in excess thereof (or, if the then aggregate Available Revolving Credit Commitments or available commitments under such Incremental Revolving Loan Facility, as the case may be, are less than $1,000,000, such lesser amount) and (B) in the case of Eurodollar Loans, $5,000,000 or a whole multiple of $100,000 in excess thereof. Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each applicable Lender thereof. Each applicable Lender will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the Borrower at the office of the Administrative Agent specified in subsection 10.2 prior to 12:00 Noon, New York City time, on the Borrowing Date, requested by the Borrower in funds immediately available to the Administrative Agent on such date. Such borrowing will then be made available to the Borrower by the Administrative Agent crediting the account of the Borrower on the books of such office with the aggregate of the amounts made available to the Administrative Agent by such Lenders and in like funds as received by the Administrative Agent on such date. The provisions of the paragraph shall be subject to any applicable limitations or requirements in the relevant Incremental Revolving Loan Activation Notice.to

Procedure for Revolving Credit Borrowings. The Subject to the terms and conditions hereof, Borrower may borrow under the Revolving Credit Commitments or under any Incremental Revolving Loan Facility Commitment during the Revolving Credit Commitment Period or the commitment period applicable thereto, as the case may be, on any Business Day. Borrower may request Revolving Credit Loans, provided that the Borrower shall give the Administrative Agent irrevocable written (or telephonic promptly confirmed in writing) notice (which notice must be received by the Administrative Agent prior from time to (a) 12:00 Noon, New York City time, three Business Days prior by submitting irrevocable Loan requests in such form and manner as Lender may require or permit (including, without limitation, telephone requests), specifying the amount to be borrowed, whether the borrowing will be at the Base Rate or the Eurodollar Rate, the Interest Period, if a Eurodollar Loan is requested, the requested Borrowing Date, the manner in which Borrower would like the case proceeds of Eurodollar Loanssuch Loan disbursed and a certification that the Borrower is in compliance with this Loan Agreement immediately before and after giving effect to the making of such Loan. If such Revolving Credit Loan request is for a Base Rate Revolving Credit Loan and is properly made and received by Lender prior to 12:00 noon (Eastern Time) on a Business Day, or (b) 11:00 a.m.requesting a Revolving Credit Loan on that Business Day, New York City time, Lender shall make such Revolving Credit Loan on the requested Borrowing Date same Business Day. If, however, such Revolving Credit Loan request is received by Lender after 12:00 noon (which notice may be conditional upon the closing of Eastern Time) on a Permitted Acquisition to be financed by such borrowing)Business Day, in the case of ABR Loans), specifying (i) the amount and Type of Revolving Loans to be borrowed, (ii) the requested Borrowing Date, and (iii) in the case of Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor. Each such notice Lender shall be given by the Borrower in the form of Exhibit J. Each borrowing under make the Revolving Credit Commitments Loan not later than the next Business Day. Revolving Credit Loans bearing interest at the Eurodollar Rate will be made on the second Business Day following receipt of the borrowing request by Lender. Lender may require telephone requests to be confirmed promptly in writing and Borrower shall indemnify and hold Lender harmless for any action, including the making of any advance or under any Incremental loss or expenses taken or incurred by Lender in reliance upon any such telephone request. Each borrowing pursuant to the Revolving Loan Facility Credit Commitment shall be in an the amount equal to (A) in the case of ABR Loans, $1,000,000 or a whole multiple of $100,000 in excess thereof (or, if the then aggregate Available Revolving Credit Commitments or available commitments under such Incremental Revolving Loan Facility, as the case may be, are not less than $1,000,000, such lesser amount) and (B) 25,000 provided that in the case of Eurodollar Loans, $5,000,000 or a whole multiple of $100,000 in excess thereof. Upon receipt of any event any such notice from borrowing, together with the Borroweraggregate principal amount of the Revolving Credit Loans and Letters of Credit then outstanding, shall not exceed the Revolving Credit Limit. Except as otherwise requested, the Administrative Agent shall promptly notify each applicable Lender thereof. Each applicable Lender proceeds of all Revolving Credit Loans will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the Borrower at the office of the Administrative Agent specified in subsection 10.2 prior to 12:00 Noon, New York City time, on the Borrowing Date, requested by the Borrower in funds immediately available to the Administrative Agent on such date. Such borrowing will then be made available to the Borrower by the Administrative Agent Lender by crediting the Borrower's deposit account with Lender or such other account of the Borrower on the books of such office with the aggregate of the amounts made available to the Administrative Agent by such Lenders and in like funds at Lender as received by the Administrative Agent on such date. The provisions of the paragraph shall be subject to any applicable limitations or requirements in the relevant Incremental Revolving Loan Activation NoticeBorrower may specify.

Procedure for Revolving Credit Borrowings. The Subject to the terms and conditions hereof, the Borrower may borrow under the Revolving Credit Commitments or under any Incremental Revolving Loan Facility during the Revolving Credit Commitment Period or the commitment period applicable thereto, as the case may be, on any Business Day, provided provided, that the Borrower shall give the Administrative Agent an irrevocable written (or telephonic promptly confirmed in writing) notice Notice of Borrowing (which notice must be received by the Administrative Agent prior to 11:00 A.M., Dallas, Texas time, together with a Pro Forma Compliance Certificate, giving effect to the requested borrowing, (a) 12:00 Noon, New York City time, three Business Days prior to the requested Borrowing Date, in if all or any part of the case of requested Revolving Credit Loans are to be initially Eurodollar Loans, or (b) 11:00 a.m., New York City time, on one Business Day prior to the requested Borrowing Date (which notice may be conditional upon the closing of a Permitted Acquisition to be financed by such borrowing)Date, in the case of ABR Loansotherwise), specifying (i) the amount and Type of Revolving Loans to be borrowed, (ii) the requested Borrowing Date, and (iii) in whether the case borrowing is to be of Eurodollar Loans, ABR Loans or a combination thereof and (iv) if the borrowing is to be entirely or partly of Eurodollar Loans, the respective amounts of each such Type of Loan Tranche and the respective lengths of the initial Interest Period Periods therefor. Each such notice shall be given by the Borrower in the form of Exhibit J. Each borrowing under the Revolving Credit Commitments or under any Incremental Revolving Loan Facility shall be in an amount equal to (Ax) in the case of ABR Loans, $1,000,000 or a whole multiple of $100,000 500,000 in excess thereof (or, if the then aggregate Available Revolving Credit Commitments or available commitments under such Incremental Revolving Loan Facility, as the case may be, are less than $1,000,000500,000, such lesser amount) and (By) in the case of Eurodollar Loans, each Tranche shall be $5,000,000 1,000,000 or a whole multiple of $100,000 500,000 in excess thereof. Upon receipt of any such notice Notice of Borrowing and Compliance Certificate from the Borrower, the Administrative Agent shall promptly notify each applicable Revolving Credit Lender thereof. Each applicable such Lender will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the Borrower at the office of the Administrative Agent specified in subsection 10.2 Section 11.2 prior to 12:00 Noonll:OO A.M., New York City Dallas, Texas time, on the Borrowing Date, Date requested by the Borrower in funds immediately available to the Administrative Agent on such dateAgent. Such borrowing will then be made available to the Borrower at the office of the Administrative Agent by the Administrative Agent crediting the account of the Borrower on the books of such office with the aggregate of the amounts made available to the Administrative Agent by such the Lenders and in like funds as received by the Administrative Agent on such dateAgent. The provisions of the paragraph shall be subject to any applicable limitations or requirements in the relevant Incremental Revolving Loan Activation Notice.2.3

Procedure for Revolving Credit Borrowings. The Borrower may borrow under the Revolving Credit Commitments or under any Incremental Revolving Loan Facility during the Revolving Credit Commitment Period or the commitment period applicable thereto, as the case may be, on any Business Day, ; provided that the Borrower shall give the Administrative Agent irrevocable written (or telephonic promptly confirmed in writing) notice (which notice must be received by the Administrative Agent prior to (a) 12:00 Noon10:00 A.M., New York City time, (a) three Business Days prior to the requested Borrowing Date, in if all or any part of the case of requested Revolving Credit Loans are to be initially Eurodollar Loans, or (b) 11:00 a.m., New York City time, on one Business Day prior to the requested Borrowing Date (which notice may be conditional upon the closing of a Permitted Acquisition to be financed by such borrowing)Date, in the case of ABR Loansotherwise), specifying (i) the amount and Type of Revolving Loans to be borrowed, (ii) the requested Borrowing Date, and (iii) in whether the case borrowing is to be of Eurodollar Loans, ABR Loans, or a combination thereof and (iv) if the borrowing is to be entirely or partly of Eurodollar Loans, the respective amounts of each such Type of Revolving Credit Loan and the respective lengths of the initial Interest Period Periods therefor. Each such notice shall be given by the Borrower in the form of Exhibit J. Each borrowing under the Revolving Credit Commitments or under any Incremental Revolving Loan Facility shall be in an amount equal to (Ax) in the case of ABR Loans, $1,000,000 500,000 or a whole multiple of $100,000 in excess thereof (or, if the then aggregate Available Revolving Credit Commitments or available commitments under such Incremental Revolving Loan Facility, as the case may be, are less than $1,000,000, such lesser amount) and (By) in the case of Eurodollar Loans, $5,000,000 1,000,000 or a whole multiple of $100,000 in excess thereof. Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each applicable Lender thereof. Each applicable Lender will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the Borrower at the office of the Administrative Agent specified in subsection 10.2 9.2 prior to 12:00 NoonI 1:00 A.M., New York City time, on the Borrowing Date, Date requested by the Borrower in funds immediately available to the Administrative Agent on such dateAgent. Such borrowing will then be made available to the Borrower by the Administrative Agent crediting the account of the Borrower on the books of such office with the aggregate of the amounts made available to the Administrative Agent by such the Lenders and in like funds as received by the Administrative Agent on such date. The provisions of the paragraph shall be subject to any applicable limitations or requirements in the relevant Incremental Revolving Loan Activation NoticeAgent.

Procedure for Revolving Credit Borrowings. The Borrower Company may borrow ----------------------------------------- request a borrowing under the Revolving Credit Commitments or under any Incremental Revolving Loan Facility during the Revolving Credit Commitment Period or the commitment period applicable thereto, as the case may be, on any Business DayDay by giving irrevocable telephonic notice to the Agent, provided that the Borrower shall give the Administrative Agent irrevocable written (or telephonic promptly confirmed in writing) notice writing (which telephonic notice must be received by the Administrative Agent prior to (a) 12:00 Noon, New York City time, (a) three Business Days prior to the requested Borrowing Date, in if all or any part of the case of Revolving Credit Loans are to be initially Eurodollar Loans, or (b) 11:00 a.m., New York City time, on the requested Borrowing Date (which notice may be conditional upon the closing of a Permitted Acquisition to be financed by such borrowing)Date, in the case of ABR Loansotherwise), specifying (i) the aggregate principal amount and Type of Revolving Loans to be borrowed, (ii) whether the requested Borrowing Dateborrowing is to be of Eurodollar Loans, and Index Rate Loans or a combination thereof, (iii) in if the case borrowing is to be entirely or partly of Eurodollar Loans, the respective amounts amount of each such Type of Revolving Credit Loan and the respective lengths length of the initial Interest Period therefor, and (iv) the requested Borrowing Date; provided that the procedures for the initial borrowing -------- of Revolving Credit Loans to be made on the Effective Date may be such other procedures as are mutually satisfactory to the Company, the Agent and the Lenders. Each such Any written confirmation of a telephonic notice of borrowing of Revolving Credit Loans shall be given by the Borrower in the form of Exhibit J. H. Each borrowing under the Revolving Credit Commitments or under any Incremental Revolving Loan Facility shall be in an amount equal to (Ax) in the case of ABR Index Rate Loans, $1,000,000 100,000 or a whole multiple of $100,000 in excess thereof (or, if the then aggregate Available available Revolving Credit Commitments or available commitments under such Incremental Revolving Loan Facility, as the case may be, are less than $1,000,000100,000, such lesser amount) and (By) in the case of Eurodollar Loans, $5,000,000 500,000 or a whole multiple of $100,000 in excess thereof; provided that any borrowing of Revolving Credit -------- Loans to be used solely to pay the aggregate amount of Swingline Loans then outstanding may be in the aggregate principal amount of such Swingline Loans. Upon receipt of any such notice from the BorrowerCompany, the Administrative Agent shall promptly notify each applicable Revolving Credit Lender thereof. Each applicable Revolving Credit Lender will make the amount of its pro rata share of each such borrowing available to the Administrative Agent for the account of the Borrower at the office of the Administrative Agent specified in subsection 10.2 Company prior to 12:00 Noon, New York City time, on the Borrowing Date, Date requested by the Borrower Company, at the Agent's depositary bank as designated by the Agent from time to time for deposit in funds the Agent's depositary account, in immediately available funds. The Agent shall then make such borrowing available to the Administrative Agent on such date. Such borrowing will then be made available Company by wiring to the Borrower a financial institution designated by the Administrative Agent crediting the account of the Borrower on the books of such office with Company the aggregate of the amounts made available to the Administrative Agent by such the Revolving Credit Lenders and in like funds as received by the Administrative Agent on such date. The provisions of the paragraph shall be subject to any applicable limitations or requirements in the relevant Incremental Revolving Loan Activation NoticeAgent.