Common use of Revolving Credit Loan Clause in Contracts

Revolving Credit Loan. The undersigned Borrower on behalf of all Borrowers hereby requests a [Revolving Credit Loan under §2.8 of the Credit Agreement]: Principal Amount: $ Type (LIBOR Rate, Base Rate): Drawdown Date: Interest Period for LIBOR Rate Loans: by credit to the general account of the Borrowers with the Agent at the Agent’s Head Office. Use of Proceeds. Such Loan shall be used for purposes permitted by the Credit Agreement. No Default. The undersigned Authorized Officer or chief financial officer or chief accounting officer of Parent Borrower certifies that the Borrowers and the Subsidiary Guarantors are and will be in compliance with all covenants under the Loan Documents after giving effect to the making of the Loan requested hereby and no Default or Event of Default has occurred and is continuing. Attached hereto is a Borrowing Base Availability Certificate setting forth a calculation of the Borrowing Base Availability after giving effect to the Loan requested hereby. Except as set forth on Schedule 1 attached hereto, no condemnation proceedings are pending or, to the undersigned knowledge, threatened against any Collateral Property. Representations True. The undersigned Authorized Officer or chief financial officer or chief accounting officer of Parent Borrower certifies, represents and agrees that each of the representations and warranties made by or on behalf of the Borrowers or their respective Subsidiaries (if applicable), contained in the Credit Agreement, in the other Loan Documents or in any document or instrument delivered pursuant to or in connection with the Credit Agreement was true in all material respects as of the date on which it was made and, is true in all material respects as of the date hereof and shall also be true at and as of the Drawdown Date for the Loan requested hereby, with the same effect as if made at and as of such Drawdown Date, except to the extent of changes resulting from transactions permitted by the Loan Documents (it being understood and agreed that any representation or warranty which by its terms is made as of a specified date shall be required to be true and correct only as of such specified date).

Revolving Credit Loan. The undersigned Borrower on behalf of all Borrowers hereby requests a [Revolving Credit Loan under §2.8 2.1] [Swing Loan under §2.5] of the Credit Agreement]: Principal Amount: $ [If applicable, Alternative Currency: EUR /£ ] Type (LIBOR Rate, Base Rate): Drawdown Date: Interest Period for Revolving Credit LIBOR Rate Loans: by credit to the general account of the Borrowers with the Agent at the Agent’s Head Office. Use of Proceeds. Such Loan shall be used for purposes permitted by §2.9 of the Credit Agreement. No Default. The undersigned Authorized Officer or chief financial officer or chief accounting officer of Parent Borrower certifies that the Borrowers and the Subsidiary Guarantors are and will be in compliance with all covenants under the Loan Documents after giving effect to the making of the Loan requested hereby and no Default or Event of Default has occurred and is continuing. Attached hereto is a Borrowing Base Availability an Unencumbered Asset Pool Certificate setting forth a calculation of the Borrowing Base Unencumbered Asset Pool Availability after giving effect to the Loan requested hereby. Except as set forth on Schedule 1 attached hereto, no No condemnation proceedings are pending or, to the undersigned knowledge, threatened against any Collateral PropertyEligible Real Estate Asset. Representations True. The undersigned Authorized Officer or chief financial officer or chief accounting officer of Parent Borrower certifies, represents and agrees that each of the representations and warranties made by or on behalf of the Borrowers or their respective Subsidiaries (if applicable), contained in the Credit Agreement, in the other Loan Documents or in any document or instrument delivered pursuant to or in connection with the Credit Agreement was true in all material respects as of the date on which it was made and, is true in all material respects as of the date hereof and shall also be true at and as of the Drawdown Date for the Loan requested hereby, with the same effect as if made at and as of such Drawdown Date, except to the extent of changes resulting from transactions permitted by the Loan Documents (it being understood and agreed that any representation or warranty which by its terms is made as of a specified date shall be required to be true and correct only as of such specified date).

Revolving Credit Loan. The undersigned Borrower on behalf of all Borrowers hereby requests a [Revolving Credit Loan under §2.8 of a. Lender agrees, upon the Credit Agreement]: Principal Amount: $ Type (LIBOR Rate, Base Rate): Drawdown Date: Interest Period for LIBOR Rate Loans: by credit to the general account of the Borrowers with the Agent at the Agent’s Head Office. Use of Proceeds. Such Loan shall be used for purposes permitted by the Credit Agreement. No Default. The undersigned Authorized Officer or chief financial officer or chief accounting officer of Parent Borrower certifies that the Borrowers terms and the Subsidiary Guarantors are and will be in compliance with all covenants under the Loan Documents after giving effect to the making of the Loan requested hereby and no Default or Event of Default has occurred and is continuing. Attached hereto is a Borrowing Base Availability Certificate setting forth a calculation of the Borrowing Base Availability after giving effect to the Loan requested hereby. Except as conditions set forth on Schedule 1 attached heretoin this Agreement, no condemnation proceedings are pending or, to the undersigned knowledge, threatened against any Collateral Property. Representations True. The undersigned Authorized Officer or chief financial officer or chief accounting officer of Parent Borrower certifies, represents and agrees that each of in reliance upon the representations and warranties made by or on behalf under this Agreement, to make the Revolving Credit Loan available to Obligors and allow Obligors during the Revolving Credit Advance Term to borrow, repay and re-borrow from Lender in an amount up to, but not exceeding, the Revolving Credit Loan Commitment. b. The proceeds of the Borrowers Revolving Credit Loan shall be utilized (i) to support the issuance of Letters of Credit, (ii) for working capital, and (iii) for capital expenditures and acquisitions of business operations. c. Lender agrees to make Advance(s) to Obligors under the Revolving Credit Loan, from time to time, upon written request from FAS from the Closing Date of the Revolving Credit Loan, up to but not including the Revolving Credit Maturity Date and in accordance with the terms hereof; provided, however, that at no time shall the total aggregate amount of Advances outstanding and total aggregate amount of all outstanding Letters of Credit issued under this Agreement exceed the Revolving Credit Loan Commitment. In the event Lender is required to fund any Letter of Credit issued under this Agreement by an Advance, interest thereon shall accrue at the rate set forth in Section 1.4 until paid. d. Each Advance shall be in a minimum amount of $100,000.00 and multiples thereof. e. Advances shall be paid by credit to the Advance Account with Lender or their respective Subsidiaries (if applicable), contained in the Credit Agreement, in the other Loan Documents or in any document or instrument delivered paid pursuant to or a presented Letter of Credit. Lender shall give written confirmation of deposit at the Principal Place of Business. In the alternative, Lender, may at its option, disburse an Advance directly to FAS if directed by FAS in connection with writing. Obligors shall deliver certified copies of corporate resolutions evidencing those Authorized Officers authorized to make Advance Requests. Lender shall be entitled to rely on any Advance Request that Lender reasonably believes to be executed by a person authorized under corporate resolutions furnished to Lender by FAS. f. If at any time the outstanding Advances plus amounts of Letters of Credit issued pursuant to this Agreement was true in all material respects exceeds the Revolving Credit Loan Commitment, Obligors shall repay such amounts as are necessary to reduce the aggregate outstanding principal balance of the date on which it was made and, is true in all material respects as of Revolving Credit Loan below the date hereof and shall also be true at and as of the Drawdown Date for the Revolving Credit Loan requested hereby, with the same effect as if made at and as of such Drawdown Date, except to the extent of changes resulting from transactions permitted by the Loan Documents (it being understood and agreed that any representation or warranty which by its terms is made as of a specified date shall be required to be true and correct only as of such specified date)Commitment.