Common use of Reduction of Credit Clause in Contracts

Reduction of Credit. The Borrower, from time to time, upon at least three (3) Business Days’ written notice to the Agent, may terminate the commitments, or permanently reduce the Commitments by an aggregate minimum amount of $10,000,000, without penalty or premium; unless after giving effect thereto and to any prepayments of Loans made on the effective date thereof, the Effective Amount of all Revolving Loans and Term Loans together would exceed the amount of the combined Commitments then in effect. Once reduced in accordance with this Section, the Commitments may not be increased. Any reduction of the Commitments shall be applied to each Lender’s Commitment according to its Pro Rata Share. All accrued Commitment Fees to, but not including, the effective date of any reduction or termination of Commitments, shall be paid on the effective date of such reduction or termination. During the continuation of the Credit, the computation of the Commitment Fee and the Lenders’ obligations to make Revolving Loans or Term Loans shall be based upon such reduced Commitments. In the event the Credit shall be reduced to zero pursuant to this Section, the Credit shall be deemed terminated, and any Commitment Fee or any other amount payable hereunder then accrued shall become immediately payable. Such termination of the Credit shall terminate the Borrower’s obligations with respect to the Commitment Fee to the extent not theretofore accrued and shall terminate the Lenders’ obligations to make any further Revolving Loans or Term Loans under this Agreement.

Reduction of Credit. The Borrower, from time to time, upon at least three (3) Business Days’ ' written notice to the Agent, may terminate the commitments, or permanently reduce the Commitments by an aggregate minimum amount of $10,000,000, without penalty or premium; unless after giving effect thereto and to any prepayments of Loans made on the effective date thereof, the Effective Amount of all Revolving Loans and Term Loans together would exceed the amount of the combined Commitments then in effect. Once reduced in accordance with this Section, the Commitments may not be increased. Any reduction of the Commitments shall be applied to each Lender’s 's Commitment according to its Pro Rata Share. All accrued Commitment Fees to, but not including, the effective date of any reduction or termination of Commitments, shall be paid on the effective date of such reduction or termination. During the continuation of the Credit, the computation of the Commitment Fee and the Lenders’ ' obligations to make Revolving Loans or Term Loans shall be based upon such reduced Commitments. In the event the Credit shall be reduced to zero pursuant to this Section, the Credit shall be deemed terminated, and any Commitment Fee or any other amount payable hereunder then accrued shall become immediately payable. Such termination of the Credit shall terminate the Borrower’s 's obligations with respect to the Commitment Fee to the extent not theretofore accrued and shall terminate the Lenders’ ' obligations to make any further Revolving Loans or Term Loans under this Agreement.

Reduction of Credit. The Borrower, from time to time, upon at least three (3) Business Banking Days’ ' written notice to the AgentBank, may terminate the commitments, or permanently reduce any then-unutilized portion of the Commitments by an aggregate minimum amount Credit in units of $10,000,000, 1,000,000 without penalty or premium; unless after giving effect thereto and to any prepayments of Loans made on the effective date thereofthereafter, the Effective Amount of all Revolving Loans and Term Loans together would exceed the amount of the combined Commitments then in effect. Once reduced in accordance with this Section, the Commitments may not be increased. Any reduction of the Commitments shall be applied to each Lender’s Commitment according to its Pro Rata Share. All accrued Commitment Fees to, but not including, the effective date of any reduction or termination of Commitments, shall be paid on the effective date of such reduction or termination. During during the continuation of the Credit, the computation of the Commitment Fee and the Lenders’ Bank's obligations to make Revolving Loans for Advances or Term Loans shall be based upon such reduced CommitmentsCredit. The Borrower, from time to time, upon at least three Banking Days' written notice to the Bank, may permanently reduce all or any part of the then-utilized portion of the Credit by making payment to the Bank on such utilized portion pursuant to Paragraph 2.1 or Paragraph 3.2 hereof, and thereafter, during the continuation of the Credit, the computation of the Commitment Fee and the Bank's obligations for Advances or Term Loans shall be based upon such reduced Credit; provided, however, that in order for a payment to result in a permanent reduction of the Credit under this paragraph, the written notice required under this paragraph must expressly provide that the payment is being tendered pursuant to this paragraph and is intended to result in a permanent reduction of the Credit. Any written notice delivered pursuant to either of the foregoing two sentences shall be irrevocable unless the Bank consents in writing to its revocation. In the event the Credit shall be reduced to zero pursuant to this Sectionparagraph, the Credit shall be deemed terminated, and any Commitment Fee or any other amount payable hereunder then accrued shall become immediately payable. Such termination of the Credit shall terminate the Borrower’s 's obligations with respect to the Commitment Fee to the extent not theretofore accrued and shall terminate the Lenders’ Bank's obligations to make any further Revolving Loans Advances or Term Loans under this Agreement.

Reduction of Credit. The Borrower, from time to time, upon at ------------------- least three (3) Business Banking Days’ ' written notice to the AgentBank, may terminate the commitments, or permanently reduce any then-unutilized portion of the Commitments by an aggregate minimum amount Credit in units of $10,000,000, 1,000,000 without penalty or premium; unless after giving effect thereto and to any prepayments of Loans made on the effective date thereofthereafter, the Effective Amount of all Revolving Loans and Term Loans together would exceed the amount of the combined Commitments then in effect. Once reduced in accordance with this Section, the Commitments may not be increased. Any reduction of the Commitments shall be applied to each Lender’s Commitment according to its Pro Rata Share. All accrued Commitment Fees to, but not including, the effective date of any reduction or termination of Commitments, shall be paid on the effective date of such reduction or termination. During during the continuation of the Credit, the computation of the Commitment Fee and the Lenders’ Bank's obligations to make Revolving Loans or Term Loans for Advances shall be based upon such reduced CommitmentsCredit. The Borrower, from time to time, upon at least three Banking Days' written notice to the Bank, may permanently reduce all or any part of the then-utilized portion of the Credit by making payment to the Bank on such utilized portion pursuant to Paragraph 2.1 or Paragraph 3.2 hereof, and thereafter, during the continuation of the Credit, the computation of the Commitment Fee and the Bank's obligations for Advances shall be based upon such reduced Credit; provided, however, that in order for a payment to result in a -------- ------- permanent reduction of the Credit under this paragraph, the written notice required under this paragraph must expressly provide that the payment is being tendered pursuant to this paragraph and is intended to result in a permanent reduction of the Credit. Any written notice delivered pursuant to either of the foregoing two sentences shall be irrevocable unless the Bank consents in writing to its revocation. In the event the Credit shall be reduced to zero pursuant to this Sectionparagraph, the Credit shall be deemed terminated, and any Commitment Fee or any other amount payable hereunder then accrued shall become immediately payable. Such termination of the Credit shall terminate the Borrower’s 's obligations with respect to the Commitment Fee to the extent not theretofore accrued and shall terminate the Lenders’ Bank's obligations to make any further Revolving Loans or Term Loans Advances under this Agreement.

Reduction of Credit. The Borrower, from time to time, upon at ------------------- least three (3) Business Banking Days’ ' written notice to the AgentBank, may terminate the commitments, or permanently reduce any then-unutilized portion of the Commitments by an aggregate minimum amount Credit in units of $10,000,000, 1,000,000 without penalty or premium; unless after giving effect thereto and to any prepayments of Loans made on the effective date thereofthereafter, the Effective Amount of all Revolving Loans and Term Loans together would exceed the amount of the combined Commitments then in effect. Once reduced in accordance with this Section, the Commitments may not be increased. Any reduction of the Commitments shall be applied to each Lender’s Commitment according to its Pro Rata Share. All accrued Commitment Fees to, but not including, the effective date of any reduction or termination of Commitments, shall be paid on the effective date of such reduction or termination. During during the continuation of the Credit, the computation of the Commitment Fee and the Lenders’ Bank's obligations to make Revolving Loans for Advances or Term Loans shall be based upon such reduced CommitmentsCredit. The Borrower, from time to time, upon at least three Banking Days' written notice to the Bank, may permanently reduce all or any part of the then-utilized portion of the Credit by making payment to the Bank on such utilized portion pursuant to Paragraph 2.1 or Paragraph 3.2 hereof, and thereafter, during the continuation of the Credit, the computation of the Commitment Fee and the Bank's obligations for Advances or Term Loans shall be based upon such reduced Credit; provided, however, that in order for a payment -------- ------- to result in a permanent reduction of the Credit under this paragraph, the written notice required under this paragraph must expressly provide that the payment is being tendered pursuant to this paragraph and is intended to result in a permanent reduction of the Credit. Any written notice delivered pursuant to either of the foregoing two sentences shall be irrevocable unless the Bank consents in writing to its revocation. In the event the Credit shall be reduced to zero pursuant to this Sectionparagraph, the Credit shall be deemed terminated, and any Commitment Fee or any other amount payable hereunder then accrued shall become immediately payable. Such termination of the Credit shall terminate the Borrower’s 's obligations with respect to the Commitment Fee to the extent not theretofore accrued and shall terminate the Lenders’ Bank's obligations to make any further Revolving Loans Advances or Term Loans under this Agreement.

Reduction of Credit. . The Borrower, from time to time, upon at least three (3) Business Days’ written notice to the Agent, may terminate the commitments, or permanently reduce the Commitments by an aggregate minimum amount of $10,000,000, without penalty or premium; unless after giving effect thereto and to any prepayments of Loans made on the effective date thereof, the Effective Amount of all Revolving Loans and Term Loans together would exceed the amount of the combined Commitments then in effect. Once reduced in accordance with this Section, the Commitments may not be increased. Any reduction of the Commitments shall be applied to each Lender’s Commitment according to its Pro Rata Share. All accrued Commitment Fees to, but not including, the effective date of any reduction or termination of Commitments, shall be paid on the effective date of such reduction or termination. During the continuation of the Credit, the computation of the Commitment Fee and the Lenders’ obligations to make Revolving Loans or Term Loans shall be based upon such reduced Commitments. In the event the Credit shall be reduced to zero pursuant to this Section, the Credit shall be deemed terminated, and any Commitment Fee or any other amount payable hereunder then accrued shall become immediately payable. Such termination of the Credit shall terminate the Borrower’s obligations with respect to the Commitment Fee to the extent not theretofore accrued and shall terminate the Lenders’ obligations to make any further Revolving Loans or Term Loans under this Agreement.

Reduction of Credit. The Borrower, from time to time, upon at least three (3) Business Days’ written notice to the Agent, may terminate the commitments, or permanently reduce the Commitments by an aggregate minimum amount of $10,000,000, without penalty or premium; unless after giving effect thereto and to any prepayments of Loans made on the effective date thereof, the Effective Amount of all Revolving Loans and Term Loans together would exceed the amount of the combined Commitments then in effect. Once reduced in accordance with this Section, the Commitments may not be increased. Any reduction of the Commitments shall be applied to each Lender’s Commitment according to its Pro Rata Share. All accrued Commitment Fees to, but not including, the effective date of any reduction or termination of Commitments, shall be paid on the effective date of such reduction or termination. During the continuation of the Credit, the computation of the Commitment Fee and the Lenders’ obligations to make Revolving Loans or Term Loans shall be based upon such reduced Commitments. In the event the Credit shall be reduced to zero pursuant to this Section, the Credit shall be deemed terminated, and any Commitment Fee or any other amount payable hereunder then accrued shall become immediately payable. Such termination of the Credit shall NYDOCS01/1362879.4 terminate the Borrower’s obligations with respect to the Commitment Fee to the extent not theretofore accrued and shall terminate the Lenders’ obligations to make any further Revolving Loans or Term Loans under this Agreement.

Reduction of Credit. The Borrower, from time to time, upon at least three (3) Business Days’ written notice to the Agent, may terminate the commitments, or permanently reduce the Commitments by an aggregate minimum amount of $10,000,000, without penalty or premium; unless after giving effect thereto and to any prepayments of Loans made on the effective date thereof, the Effective Amount of all Revolving Loans and Term Loans together would exceed the amount of the combined Commitments then in effect. Once reduced in accordance with this Section, the Commitments may not be increased. Any reduction of the Commitments shall be applied to each Lender’s Commitment according to its Pro Rata Share. All accrued Commitment Fees to, but not including, the effective date of any reduction or termination of Commitments, shall be paid on the effective date of such reduction or termination. During the continuation of the Credit, the computation of the Commitment Fee and the Lenders’ obligations to make Revolving Loans or Term Loans shall be based upon such reduced Commitments. In the event the Credit shall be reduced to zero pursuant to this Section, the NYDOCS01/1613908 19 Credit shall be deemed terminated, and any Commitment Fee or any other amount payable hereunder then accrued shall become immediately payable. Such termination of the Credit shall terminate the Borrower’s obligations with respect to the Commitment Fee to the extent not theretofore accrued and shall terminate the Lenders’ obligations to make any further Revolving Loans or Term Loans under this Agreement.