Common use of Revolver Facility Clause in Contracts

Revolver Facility. (A) For so long as no Default or Event of Default exists and during the period from the date hereof through the day before the last day of the Original Term, Lender shall make Revolver Loans to Borrower from time to time, up to a maximum principal amount at any time outstanding equal to $35,000,000, minus, on any date of determination, (i) the outstanding principal balance of the Acquisition Loans, (ii) the outstanding principal balance of the Share Repurchase Loans and (iii) the amount of the LC Obligations (the "Commitment"). If the unpaid balance of the Loans should exceed the Commitment, such Loans shall nevertheless constitute Obligations that are entitled to all of the benefits thereof. The presentation by a Borrower for payment by Lender of any check or other item of payment drawn on the Controlled Disbursement Account shall also be deemed irrevocably to be a request for a Loan under Section 2.1 hereof in the amount of such check or other item of payment. Insofar as Borrower may request and Lender may be willing in its discretion to make Revolver Loans to Borrower at a time when the unpaid balance of Loans exceeds, or would exceed with the making of any such Revolver Loan, the Commitment (any such Revolver Loan or Revolver Loans being herein referred to individually as an "Overadvance" and collectively as "Overadvances"), Lender shall enter such Overadvances as debits in the Loan Account. All Overadvances shall be repaid on demand. The Revolver Loans shall be used solely for Borrower's working capital needs to the extent not inconsistent with the provisions of this Agreement. All Revolver Loans shall be evidenced by the Note and shall bear interest pursuant to Section 3 hereof.

Revolver Facility. (A1) For so long as no Default or Event of Default exists and during During the period from the date hereof through to, but not including, the day before the last day of the Original TermTermination Date, Lender shall make Borrower may borrow, repay and reborrow Revolver Loans to Borrower from time to time, in respect of each Eligible Supply Contract in up to a maximum principal amount at any time outstanding under the Revolver Facility equal to $35,000,000the Borrowing Base determined by Lender for such Eligible Supply Contract at such time; provided, minushowever, on that in the event that any date of determinationOveradvance shall ever exist, Borrower shall repay such Overadvance, in full, immediately; and, provided, further, that if any Eligible Supply Contract shall cease to be an Eligible Supply Contract, then, Lender may, at its option, (i) the outstanding principal balance of the Acquisition Loans, refuse to make any further Revolver Loans in respect thereof and (ii) demand full payment of all Revolver Loans then outstanding in respect thereof. Each Revolver Loan shall be made (or deemed made), in the outstanding principal balance following manner: (a) Borrower shall give Lender written or oral notice of its intention to borrow (which notice shall be irrevocable) before 11:30 a.m. (Atlanta, Georgia time), on any Business Day specifying the Share Repurchase Loans and (iii) Eligible Supply Contract in respect of which such Loan is being requested, the amount of the LC Obligations proposed borrowing, the proposed borrowing date and whether such Loan is to be a Base Rate Loan or a LIBOR Rate Loan; (b) unless payment is otherwise timely made by Borrower, the "Commitment"). If becoming due of any Obligation required to be paid under this Agreement or any Loan Document shall be deemed irrevocably to be a request by Borrower for a Revolver Loan on the unpaid balance of due date of, and in the Loans should exceed the Commitmentamount required to pay, such Loans shall nevertheless constitute Obligations that are entitled to all of Obligations; and (c) the benefits thereof. The presentation by a Borrower for payment by Lender Tennessee Bank of any check or other item of payment drawn on the Controlled Disbursement Account shall also be deemed irrevocably to be a request for a Revolver Loan under Section 2.1 hereof in the amount of such check or other item of payment. Insofar as Borrower may request ; it being understood that, in the case of clauses (b) and (c) above, Lender may be willing in its discretion shall have the right to make allocate the Revolver Loans arising therefrom to any one or more or all of the Eligible Supply Contracts, at Lender's discretion (even if, in doing so, an Overadvance is created). The proceeds of each Revolver Loan requested by oral or written notice of intention to borrow given as described above are to be disbursed by Lender in lawful money of the United States of America in immediately available funds, in the case of the initial borrowing, in accordance with the terms of the written disbursement letter or other instructions from Borrower, and in the case of each subsequent borrowing, by wire transfer to the Controlled Disbursement Account; and the proceeds of each Revolver Loan requested to satisfy an Obligation as described above are to be disbursed by Lender by way of direct payment of the relevant Obligation. Each oral request for a Revolver Loan is to be conclusively presumed to be made by a Person authorized by Borrower at a time when the unpaid balance of Loans exceeds, or would exceed with to do so; and the making of the requested Revolver Loan shall conclusively establish Borrower's obligation to repay such Revolver Loan in accordance with this Agreement. Any written notice of intention to borrow shall be in the form of a Notice of Borrowing. Any oral notice of intention to borrow may, at Lender's option, be required to be confirmed not later than one (1) Business Day later than the giving of oral notice by the giving of a written Notice of Borrowing. Notwithstanding the foregoing, and in any such event, all notices of intention to borrow LIBOR Rate Loans shall be delivered by a Notice of Borrowing received by Lender at least three (3) Business Days in advance of a proposed borrowing date and be in the minimum amount of Five Hundred Thousand Dollars ($500,000) and integral multiples of Fifty Thousand Dollars ($50,000) in excess thereof. The proceeds of each Revolver Loan shall be used by Borrower solely for Permitted Proceeds Uses. Notwithstanding Lender's receipt (or deemed receipt) of any request for a Revolver Loan, the Commitment (Lender shall not be bound to honor any such request except to the extent, in the manner and subject to all terms and conditions relevant thereto contained herein. The Indebtedness of Borrower to Lender arising from the making of each Revolver Loan or Revolver Loans being herein referred to individually as in respect of an "Overadvance" and collectively as "Overadvances"), Lender shall enter such Overadvances as debits in the Loan Account. All Overadvances shall be repaid on demand. The Revolver Loans shall be used solely for Borrower's working capital needs to the extent not inconsistent with the provisions of this Agreement. All Revolver Loans Eligible Supply Contract shall be evidenced by a Revolver Note in a principal amount equal to the maximum amount of borrowings which may be obtained hereunder in respect of such Eligible Supply Contract. Each Revolver Note shall be executed and shall bear interest pursuant to Section 3 hereofdelivered in conjunction with a Supply Contract being accepted by Lender as an Eligible Supply Contract.

Revolver Facility. (A) For so long as no Default or Event of Default exists Each Lender, severally and not jointly, agrees to lend to Borrowers from time to time during the period from the date hereof through Closing Date to but excluding the day before Expiry Date, at the last day request of Borrowers' Agent in the manner provided below, its Pro Rata Share of the Original TermCommitments not to exceed, however, at any time, and in any event, each Lender's Pro Rata Share of the Maximum Revolver Loan Amount. The aggregate amount of all Commitments shall be equal at any one time to Eighty Million Dollars ($80,000,000). The amount of each Lender's Commitment shall be equal at any one time to its Pro Rata Share of all Commitments. Amounts borrowed under this subsection may be repaid and reborrowed at any time prior to the Expiry Date; provided, however, that in the event that any Overadvance shall ever exist Borrowers shall repay such Overadvance, in full, immediately upon demand. No Lender shall have any obligation to make Revolver Loans to Borrower from time Borrowers to the extent any Revolver Loan requested by Borrowers' Agent on behalf of Borrowers would cause the principal balance of all Revolver Loans then outstanding to exceed the Maximum Revolver Loan Amount, except as provided in subsection 2.1(c) subject to the limitations set forth therein. Each Revolver Loan shall be made (or deemed made), in the following manner: (a) Borrowers' Agent shall give Agent written or oral notice of Borrowers' intention to borrow (which notice shall be irrevocable) before 12:00 Noon (New York, New York time, up to a maximum principal amount at any time outstanding equal to $35,000,000, minus), on any date of determination, (i) the outstanding principal balance of the Acquisition Loans, (ii) the outstanding principal balance of the Share Repurchase Loans and (iii) Business Day specifying the amount of the LC Obligations proposed borrowing and the proposed borrowing date (which notice, in the "Commitment"). If the unpaid balance case of any LIBOR Rate Loan shall be given not later than three (3) Business Days in advance of the Loans should exceed proposed borrowing date); and (b) unless payment is otherwise timely made by Borrowers, the Commitment, such Loans shall nevertheless constitute Obligations that are entitled to all of the benefits thereof. The presentation by a Borrower for payment by Lender becoming due of any check Obligation required to be paid under this Agreement or other item of payment drawn on the Controlled Disbursement Account any Loan Document shall also be deemed irrevocably to be a request by Borrowers' Agent on behalf of Borrowers for a Revolver Loan under Section 2.1 hereof on the due date of, and in the amount required to pay, such Obligations. The proceeds of such check each Revolver Loan requested by oral or written notice of intention to borrow given as described above are to be disbursed by Agent in lawful money of the United States of America in immediately available funds, in the case of the initial borrowing, in accordance with the terms of the written disbursement letter or other item instructions from Borrowers' Agent, and in the case of payment. Insofar each subsequent borrowing, by wire transfer to such bank account as Borrower may request and Lender may be willing in its discretion to make Revolver Loans to Borrower at a time when the unpaid balance of Loans exceeds, or would exceed with the making of any such Revolver Loan, the Commitment (any such Revolver Loan or Revolver Loans being herein referred to individually as an "Overadvance" and collectively as "Overadvances"), Lender shall enter such Overadvances as debits in the Loan Account. All Overadvances shall be repaid on demand. The Revolver Loans shall be used solely for Borrower's working capital needs to the extent not inconsistent with the provisions of this Agreement. All Revolver Loans shall be evidenced agreed upon by the Note and shall bear interest pursuant to Section 3 hereof.Borrowers'

Revolver Facility. (A1) For so long as no Default or Event of Default exists and during During the period from the date hereof through to, but not including, the day before the last day of the Original TermTermination Date, Lender shall make each Borrower may borrow, repay and reborrow Revolver Loans to Borrower from time to time, up to a maximum principal amount at any time outstanding under the Revolver Facility equal to $35,000,000its Borrowing Base, minusas determined by Lender for such Borrower; PROVIDED, on HOWEVER, that in the event that any date of determinationOveradvance shall ever exist, Borrowers shall repay such Overadvance, in full, immediately; and, PROVIDED, FURTHER, that if any Eligible Supply Contract shall cease to be an Eligible Supply Contract, then, Lender may, at its option, (i) the outstanding principal balance of the Acquisition Loans, refuse to make any further Revolver Loans in respect thereof and (ii) demand full payment of all Revolver Loans then outstanding in respect thereof. Each Revolver Loan shall be made (or deemed made), in the outstanding principal balance following manner: (a) a Borrower shall give Lender written or oral notice of the Share Repurchase Loans and its intention to borrow (iiiwhich notice shall be irrevocable) before 11:30 a.m. (Charlotte, North Carolina time), on any Business Day specifying the amount of the LC Obligations proposed borrowing, the proposed borrowing date and whether such Loan is to be a Base Rate Loan or a LIBOR Rate Loan; (b) unless payment is otherwise timely made by a Borrower, the "Commitment"). If becoming due of any Obligation required to be paid under this Agreement or any Loan Document shall be deemed irrevocably to be a request by such Borrower for a Revolver Loan on the unpaid balance of due date of, and in the Loans should exceed the Commitmentamount required to pay, such Loans shall nevertheless constitute Obligations that are entitled to all of Obligations; and (c) the benefits thereof. The presentation by a Borrower for payment by Lender Disbursement Bank of any check or other item of payment drawn on the Controlled Disbursement Account shall also be deemed irrevocably to be a request by it for a Revolver Loan under Section 2.1 hereof in the amount of such check or other item of payment. Insofar The proceeds of each Revolver Loan requested by oral or written notice of intention to borrow given as described above are to be disbursed by Lender in lawful money of the United States of America in immediately available funds, in the case of the initial borrowing, in accordance with the terms of the written disbursement letter or other instructions from a Borrower, and in the case of each subsequent borrowing, by wire transfer to the Controlled Disbursement Account; and the proceeds of each Revolver Loan requested to satisfy an Obligation as described above are to be disbursed by Lender by way of direct payment of the relevant Obligation. Each oral request for a Revolver Loan is to be conclusively presumed to be made by a Person authorized by a Borrower may request to do so; and Lender may be willing in its discretion to make Revolver Loans to Borrower at a time when the unpaid balance of Loans exceeds, or would exceed with the making of the requested Revolver Loan shall conclusively establish a Borrower's obligation to repay such Revolver Loan in accordance with this Agreement. Any written notice of intention to borrow shall be in the form of a Notice of Borrowing. Any oral notice of intention to borrow may, at Lender's option, be required to be confirmed not later than one (1) Business Day later than the giving of oral notice by the giving of a written Notice of Borrowing. Notwithstanding the foregoing, and in any such event, all notices of intention to borrow LIBOR Rate Loans shall be delivered by a Notice of Borrowing received by Lender at least three (3) Business Days in advance of a proposed borrowing date and be in the minimum amount of Five Hundred Thousand Dollars ($500,000) and integral multiples of Fifty Thousand Dollars ($50,000) in excess thereof. The proceeds of each Revolver Loan shall be used by Borrowers solely for Permitted Proceeds Uses. Notwithstanding Lender's receipt (or deemed receipt) of any request for a Revolver Loan, the Commitment (Lender shall not be bound to honor any such request except to the extent, in the manner and subject to all terms and conditions relevant thereto contained herein. The Indebtedness of each Borrower to Lender arising from the making of each Revolver Loan or Revolver Loans being herein referred to individually as an "Overadvance" and collectively as "Overadvances"), Lender shall enter such Overadvances as debits in the Loan Account. All Overadvances shall be repaid on demand. The Revolver Loans shall be used solely for Borrower's working capital needs to the extent not inconsistent with the provisions of this Agreement. All Revolver Loans it shall be evidenced by a separate Revolver Note in a principal amount equal to the maximum amount of borrowings which may be obtained hereunder by such Borrower. A Revolver Note shall be executed and shall bear interest pursuant to Section 3 hereofdelivered by each Borrower on the Closing Date.